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HomeMy WebLinkAbout1989-091-04/18/1989-AUTHORIZING A WAIVER OF THE PUBLIC STREET CAPACITY REQUIREMENTS FOR THE EAST MULBERRY PLACE PUD RESOLUTION 89- 91 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A WAIVER OF THE PUBLIC STREET CAPACITY REQUIREMENTS FOR THE EAST MULBERRY PLACE PUD WHEREAS, Section II, Paragraph 5(b) of the Intergovernmental Agreement between the City of Fort Collins and Larimer County for the establishment of the Fort Collins Urban Growth Area provides that the City Council shall have the right to review and comment upon development proposals which propose waiver requests to the public street capacity requirements as defined in the Larimer County Supplemental Regulations; and WHEREAS, Larimer County has forwarded to the City Council for review and comment the waiver request for the "East Mulberry Place PUD, " whereby it has been requested that a waiver be granted with respect to the public street capacity requirements as set forth in the aforesaid Intergovernmental Agreement; and WHEREAS, the "East Mulberry Place PUD" is located within the Urban Growth Area and has been determined by the Council to qualify as "infill " development in accordance with the aforesaid Intergovernmental Agreement, and, therefore, is eligible for entitlement to the waiver of the public street capacity requirement that the property have access to an improved arterial street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Council hereby recommends to the Board of County Commissioners that the requirements of the Intergovernmental Agreement for the establishment of the Fort Collins Urban Growth Area with respect to the public street capacity requirements, as defined in the Larimer Councj Supplemental Regulations, be waived as those requirements are or may be applicable to the "East Mulberry Place PUD"; provided that said waiver be conditioned upon the applicant/developer providing improvements to the Frontage Road and Countryside Drive along the site's frontage, to current City local street standards, that, prior to final review of the proposed development plan, testing be conducted to determine the structural integrity and the need for any structural improvements on the Frontage Road, from the site to Summit View Drive, and that, in the event that such testing should show a need for structural improvements, the applicant/ developer shall , at the developer's sole expense, complete such improvements in a timely manner as required by Larimer County. Passed and adopted at a regular meeting of the City Council held this 18th day of April , A.D. 1989. Mayor ATTOEST: City Clerk