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HomeMy WebLinkAbout1996-033-03/05/1996-AURORA HILLS SUBDIVISION CONSTELLATION DRIVE PHASING CRITERIA REQUIREMENT SKYWAY DRIVE UGA STREET CA RESOLUTION 96-33 OF THE COUNCIL OF THE CITY OF FORT COLLINS RECOMMENDING DENIAL OF A WAIVER OF THE UGA PUBLIC STREET CAPACITY PHASING CRITERIA REQUIREMENT FOR THE AURORA HILLS SUBDIVISION WHEREAS, Section H 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 phasing criteria for development within the UGA boundary; and WHEREAS, Larimer County has forwarded to the City of Fort Collins for review and comment the waiver request for The Aurora Hills Subdivision (hereinafter referred to as the "Subdivision") whereby it has been requested that a waiver be granted with respect to the public street capacity requirement, as set forth in the aforesaid Intergovernmental Agreement. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. 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 requirement as defined in the Larimer County Supplemental Regulations,not be waived as that requirement is or may be applicable to the Subdivision, because the proposed waiver would violate the following provisions of the Larimer County Urban Growth Area Supplemental Regulations: (a) The Subdivision would violate Section 2.4 because it would not achieve design standards which conform to the Larimer County Urban Street and Site Design Criteria and Standards so that the area may eventually be annexed as it becomes eligible without extensive capital improvements or costs to the citizens of Larimer County. (b) The Subdivision would violate Section 5.4(A)(3), (5), (6), and (7), respectively, for the following reasons: • The waiver, if granted, would result in unplanned public expense for the provision of public services, improvements or facilities. • The waiver, if granted, would result in substantial detriment to the intent and purposes of the Supplemental Regulations. • There are no exceptional circumstances which apply to the Subdivision which do not apply generally to the remaining property in the Urban Growth Area. 0 Granting the wavier would impair the public health and safety by creating, in the longer term,undesirable traffic conditions. (c) The Subdivision would violate Section 5.4(C)(5) because the condition of the off-site street would be deficient and,accordingly,the County should require the developer to construct street improvements to a level capable of handling projected traffic volumes with a pavement structure equal to that required by the Larimer County Urban Street Criteria Standards. Section 2. That any required participation by the applicant in defraying the cost of improvements to Skyway Drive and/or Constellation Drive be limited to a maximum amount of $50,000. Passed and adopted at a regular meeting of the Council o e City of Fort Collynsh�Id this 5th day of March, A.D. 1996. / ayor ATTEST: City Clerk