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.
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Mayor
ATTEST:
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City Clerk