HomeMy WebLinkAbout1990-010-02/06/1990-COLORADO HOUSE BILL 1152 LAND DEVELOPMENT CHARGES RESOLUTION 90- 10
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REGARDING THE PROPOSED BILL CONCERNING
LAND DEVELOPMENT CHARGES
WHEREAS, Representative Foster, Representative Anderson and Senator
Norton have proposed to the General Assembly of the State of Colorado House
Bill 1152 (the "Bill ") , which establishes certain conditions necessary for
the imposition of land development charges by local governments and
requires that a capital facilities plan be prepared by municipalities prior
to the imposition of new land development charges;
WHEREAS, the Bill further provides that land development charges may
be imposed on new development, absent an agreement, only to pay for capital
facilities that are identified in the capital facilities plan; and
WHEREAS, the requirement of the preparation of a comprehensive capital
facilities plan as a prerequisite to the imposition of new land development
charges would impose unreasonable and unforeseeable burdens upon the City
and would result in the imposition of increased cost to the City taxpayers
which could more equitably be defrayed through impact fees upon new
development; and
WHEREAS, the Bill further establishes mandatory methods for the
calculation of the maximum amount of land development charges; and
WHEREAS, the mandatory method of calculating land development charges
under the Bill unreasonably interferes with the City's ability to fashion
other equitable methods of formulating and imposing impact fees upon new
development; and
WHEREAS, the Bill imposes an arbitrary geographic limitation upon
capital facilities which may be funded by the City through the imposition
of land development charges; and
WHEREAS, the Bill presents an obvious intrusion into the City' s home
rule powers in the areas of planning and zoning, utilities and the
financing of capital facilities; and
WHEREAS, adequate safeguards already exist under the law to ensure
that the costs of constructing new capital facilities are fairly
apportioned.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City hereby expresses its strong opposition to passage of
the Bill for the reasons aforementioned.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 6th day of February, A.D. 1990.
Mayor
ATTEST:
ST:
City Clerk