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HomeMy WebLinkAbout1995-065-05/02/1995-CLUSTER DEVELOPMENT SB 225 SENATE BILL 225 SUBDIVISION REGULATIONS URGING DEFEAT RESOLUTION 95-65 OF THE COUNCIL OF THE CITY OF FORT COLLINS URGING THE DEFEAT OF SENATE BILL 225 CONCERNING THE EXEMPTION OF CLUSTER DEVELOPMENT FROM SUBDIVISION REGULATIONS WHEREAS, on April 20, 1995, the Senate Agricultural Committee conducted its first hearing regarding Senate Bill 225 (the "Bill") at which time the City made known its opposition to the Bill; and WHEREAS, the Council of the City of Fort Collins believes that the Bill is contrary to the interests of the citizens of the City and the State of Colorado for the following reasons: 1. The Bill contemplates as one of its purposes the clustering of residential dwelling units based upon the overall size of parcel of property, even though the entire parcel could not reasonably and practicably be divided into actual 35-acre parcels. Therefore,the Bill imposes a burden upon counties to contend with urban clusters in unincorporated areas based upon a proportionate ratio of 35-acre parcels that, by reason of their physical characteristics, could never have been developed. 2. The Bill allows for the development of clusters in unincorporated areas of the counties of Colorado without any regulation. The Bill specifically exempts clusters from regulations available to the counties under§30-28-110,C.R.S., and prohibits counties from precluding cluster developments in any portion of their counties through the master planning efforts of counties pursuant to 2130-28-106, C.R.S. Furthermore, the Bill restricts local governments from regulating, pursuant to §29-20-104, C.R.S., cluster developments with respect to many important police power regulations, including regulations regarding hazardous areas, wildlife habitat and species protection, preservation of historical and archeological sites, land use regulations and other important environmental and health, safety and welfare regulations. 3. The Bill allows for the development of higher levels of density, in clusters, without proper analysis of the health and safety risks presented by reason of more congested living conditions related to the provision of water and sewer services, as well as fire protection and other emergency services. While water and sewer might otherwise be safely provided through wells and septic systems on 35-acre parcels, it may be very difficult to provide such services in the context of a cluster development. Furthermore,fire protection services are made more difficult in cluster developments which are not regulated through the counties' subdivision processes by reason of the fact that roads may not be adequate to provide accessibility for fire trucks and homes may be spaced in closer proximity where the likelihood of a conflagration is enhanced. 4. The proliferation of unregulated residential development which would likely result from the passage of the Bill would, at first, be a burden upon the counties in which the clusters are developed, but would later become, in many instances, a burden upon adjacent municipalities as the areas are annexed or when municipal services are requested. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, for the foregoing reasons, the Council of the City of Fort Collins urges the General Assembly to defeat Senate Bill 225. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 2nd day of May, A.D., 1995. t Mayor ATTEST: Vf��_ City Clerk