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HomeMy WebLinkAbout1992-080-05/19/1992-MISTLER AUTO REPAIR PROJECT UGA SEWER CAPACITY PHASING WAIVER RESOLUTION 92- 80 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A WAIVER OF THE URBAN GROWTH AREA PUBLIC SEWER CAPACITY PHASING REQUIREMENT FOR THE MISTLER AUTO REPAIR PROJECT 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 sewer 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 "Mistler Auto Repair Project, " whereby it has been requested that a waiver be granted with respect to the public sewer capacity phasing requirement as set forth in the aforesaid Intergovernmental Agreement; and WHEREAS, the "Mistler Auto Repair Project" is located within the Urban Growth Area and is within the boundaries of the Cherry Hills Sanitation District, but cannot be easily served by that District with public sanitary sewer; and WHEREAS, the "Mistler Auto Repair Project" has been determined by the Council , in accordance with the aforesaid Intergovernmental Agreement, to be eligible for a waiver of the requirement that the property be served by a public sewer system. 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 sewer standards, as defined in the Larimer County Supplemental Regulations, be waived as that requirement is or may be applicable to the "Mistler Auto Repair Project"; provided, however, that: 1. The applicant/developer provide the County with a soils investigation, including percolation tests, showing that the site can adequately support an on-site sewage disposal system. 2. The applicant/developer enter into a written agreement with the County (naming the City as a third party beneficiary thereof) detailing: (a) the timing for providing public sewer to the site; (b) the method for allocating the cost of sewer service and the cost of connection; (c) the notification procedures for informing future property owners of the agreement; and (d) any requirements imposed by the County for on and off-site interim improvements. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th day of May, A.D. 1992. v ,4W Mayor ATTEST: (� cA City Clerk