HomeMy WebLinkAbout1999-065-06/01/1999-AUTHORIZING THE MAYOR TO ENTER INTO AN IGA WITH LARIMER COUNTY REGARDING DEVELOPMENT IN THE FORT COL RESOLUTION Q9-65
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY REGARDING DEVELOPMENT IN THE FORT
COLLINS COOPERATIVE PLANNING AREA ADJACENT TO FOSSIL CREEK
RESERVOIR
WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased
coordination between the parties to this Agreement can result in better management and control of the
development in this area; and
WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the
General Assembly of the State of Colorado has found and declared that in order to provide for planned
and orderly development within Colorado and a balancing of the basic human needs of a changing
population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and
provide broad authority to local governments to plan for and regulate the use of land within their
respective jurisdictions; and
WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the
General Assembly of the State of Colorado has designated certain powers to local governments,among
them the power to regulate the location of activities and developments which may result in significant
changes in population density,the power to provide for phased development of services and facilities,
the power to regulate the use of land on the basis of the impact thereof on the community or
surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide
planned and orderly use of land and protection of the environment in a manner consistent with
constitutional rights; and
WHEREAS,pursuant to said Title 29,Article 20. Colorado Revised Statutes,as amended,the
General Assembly of the State of Colorado has authorized and encouraged local governments to
cooperate or contract with other units of government for the purpose of planning and regulating the
development of land, including but not limited to the joint exercise of planning, zoning, subdivision,
building, and related regulations; and
WHEREAS, under the authority granted by Title 29, Article 20, Colorado Revised Statutes,
a number of meetings were held between the City and Larimer County with the intent of reaching
agreement regarding certain standards and regulations that should apply to development within the Fort
Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir; and
WHEREAS, the purpose of the proposed Agreement is, with regard to the Cooperative
Planning Area adjacent to Fossil Creek Reservoir,to implement policy GM-1.3 of the "Principles and
Policies" element of the City's Comprehensive Plan; and
WHEREAS, on May 20, 1999, the Planning and Zoning Board recommended that the
Council authorize the Mayor to execute the proposed Intergovernmental Agreement; and
WHEREAS, the Council of the City of Fort Collins has determined that it is in the best
interests of the citizens of the City that the City enter into said Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor be, and hereby is, authorized to execute that certain intergovernmental
agreement between the City and Larimer County, Colorado, regarding the development of land in
the Fort Collins cooperative planning area adjacent to Fossil Creek Reservoir, a copy of which
agreement is attached hereto as Exhibit "A" and incorporated herein by this reference.
Passed and adopted at a regular meeting of the City Council held this 1 st day of June, A.D.
1999.
Mayor
ATTEST:
LL)A
City Clerk
2
INTERGOVERNMENTAL AGREEMENT
(Regarding Development in the Fort Collins Cooperative Planning Area
Adjacent to Fossil Creek Reservoir)
THIS AGREEMENT, is executed this day of 1999, by and between
LARIMER COUNTY,COLORADO, a body politic organized under and existing by virtue of the laws of the
State of Colorado,hereinafter referred to as the"County"and THE CITY OF FORT COLLINS,COLORADO,
a municipal corporation, hereinafter referred to as the "City."
WITNESSETH:
WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased
coordination between the parties to this Agreement can result in better management and control of the
development in this area; and
WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the
General Assembly of the State of Colorado has found and declared that in order to provide for planned
and orderly development within Colorado and a balancing of the basic human needs of a changing
population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and
provide broad authority to local governments to plan for and regulate the use of land within their
respective jurisdictions; and
WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the
General Assembly of the State of Colorado has designated certain powers to local governments,among
them the power to regulate the location of activities and developments which may result in significant
changes in population density,the power to provide for phased development of services and facilities,
the power to regulate the use of land on the basis of the impact thereof on the community or
surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide
planned and orderly use of land and protection of the environment in a manner consistent with
constitutional rights; and
WHEREAS,pursuant to said Title 29,Article 20,Colorado Revised Statutes,as amended,the
General Assembly of the State of Colorado has authorized and encouraged local governments to
cooperate or contract with other units of government for the purpose of planning and regulating the
development of land, including but not limited to the joint exercise of planning, zoning, subdivision,
building, and related regulations; and
WHEREAS, pursuant to various statutes of the State of Colorado (including 31-23-255,
Colorado Revised Statutes, as amended),the General Assembly of the State of Colorado has enacted
various supervisory tools in order that the State may better monitor the planning activities of units of
local governments; and
WHEREAS, under the authority granted by Title 29, Article 20, Colorado Revised Statutes,
a number of meetings were held between the parties to this Agreement with the intent of reaching
EXHIBIT
A
agreement regarding certain standards and regulations that should apply to development within the Fort
Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir; and
WHEREAS, the purpose of this Agreement is, with regard to the Cooperative Planning Area
adjacent to Fossil Creek Reservoir, to implement policy GM-1.3 of the "Principles and Policies"
element of the City's Comprehensive Plan.
NOW, THEREFORE,in consideration of the covenants and obligations herein expressed and
other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
it is agreed as follows:
1. IDENTIFICATION OF THE FORT COLLINS COOPERATIVE PLANNING AREA ADJACENT TO
FOSSIL CREEK RESERVOIR. The Fort Collins Cooperative Planning Area adjacent to Fossil Creek
Reservoir is identified as shown on Exhibit "A" attached hereto and incorporated herein by this
reference.
2. REFERRAL TO CITY. All development applications as described in paragraph (3)
below, that are received by the County for development of lands located within the Cooperative
Planning Area identified on Exhibit"A" shall be processed, reviewed and approved or denied by the
County. Such applications, upon receipt thereof, shall be promptly referred to the City's Director of
Community Planning and Environmental Services for review and comment. No action of the County
in either approving or denying any such development application shall be taken until it has received,
in writing, the comments of the City, provided, however, that if the City fails to so respond to such
referral within twenty-one(2 1)days of receipt thereof,then the County may proceed to act upon such
development application without the comments of the City.
3. ADDITIONAL REGULATORY REQUIREMENTS. Land use or development applications
for which approval by the Board of County Commissioners is required and administrative site plan
reviews for large retail establishments [except for Amended Plats, Minor Land Divisions (MLD),
down zonings requested by Larimer County, and zoning special reviews which do not generate more
than forty-five (45) vehicle trip ends (or equivalent) per day as defined in the ITE Trip Generation
Manual] (which, for purposes of this Agreement shall be referred to as "development applications")
shall not be approved by the County for any land located within the Cooperative Planning Area
described in Exhibit"A"unless such development application has been determined by the County to
be in full compliance with the following regulations which are referenced in Appendix I of the Latimer
County Urban Growth Area Supplemental Regulation:
a. All Resource Management Area regulations as contained on pages on I-18 and
I-19 of Appendix 1.
b. All Natural Areas and Features Regulations commencing on page 1-57 and
concluding on page I-67 of Appendix 1.
4. CONSERVATION DEVELOPMENTS. In"Conservation Developments"all open space
shall be maintained and remain undeveloped in perpetuity in accordance with appropriate Management
Plans as provided in the Larimer County Land Use Code.
Page 2 of 4
5. GENERAL LAND USES. Development Plans for lands located within the Cooperative
Planning Area described in Exhibit "A" may be submitted only for land uses which are authorized
pursuant to the Fossil Creek Reservoir Area Plan.
6. ANNEXATION. The County agrees to require a binding annexation agreement (see
Appendix E of the Intergovernmental Agreement for the Fort Collins Urban Growth Area dated May
5, 1998) as a condition of approval on any development application.
7. COUNTY IMPLEMENTATION. The County agrees to undertake such processes as are
necessary to consider for adoption such legislative amendments as needed to fully implement this
agreement. These amendments shall include, but are not limited to, adoption of the Cooperative
Planning Area as an overlay zone, adoption of all Resource Management Area regulations, Natural
Areas and Features regulations, Conservation Development regulations and general land use
regulations as are contemplated in this Agreement. Upon adoption of such regulations, the County
agrees that no land use or development application for which approval by the Board of County
Commissioners is required shall be approved for any land in the Cooperative Planning Area unless
such development application has been determined by the County to be in full compliance with such
adopted regulations.
8. ENFORCEMENT. It is the intent of both the City and the County that this
Agreement be binding upon both the City and the County, and that either party hereto shall be
permitted to specifically enforce any provision of this agreement in a Court of competent
jurisdiction.
9. TERM. This Agreement shall remain in force and effect for a period of ten years
from the date of its execution.Thereafter, it shall be automatically renewed for successive five year
terms unless at least six(6)months prior to its scheduled expiration, either party should notify the
other party of its decision that the Agreement not be renewed.
10. APPLICABILITY. Whenever a provision of the Larimer County Comprehensive
Zoning Resolution, the Larimer County Subdivision Resolution,the Larimer County Planned Unit
Development Resolution, or the Larimer County Mobile Home Resolution or a provision of any
Land Use Code adopted in lieu of such regulations is inconsistent with regulations adopted to
implement this Agreement, such implementing regulations shall apply, provided that in no event
shall such implementing regulations take precedence over the Larimer County Flood Plain
Resolution.
11. SEVERABILITY. In the event either party is prevented by court order from
performing any provision of this agreement or enforcing any regulations,both parties shall have the
option of terminating this agreement upon mutual consent.
Page 3 of 4
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
THE COUNTY OF LARIMER, COLORADO
By:
Chair, Board of Commissioners
ATTEST:
Deputy Clerk and Recorder
APPROVED AS TO FORM:
County Attorney
Page 4 of 4
Exhibit A - City of Fort Collins — —
Cooperative Planning Area
Adjacent to Fossil Creek Reservoir
{y e
r F rn[- RllAn it
�e
a y
i EGEG
• F
A NCI \ ��UCOUNTY ROAD 34C
-----------------
C,OIl itis I RdAD 32 i ': STATE HIGHWAY 392
r CPA
COUNTY ROAD 30
1 0 1 Miles
I
I
Approximate Street Location
Streets
I
:-' City Limits
N
Uga Boundary
+ I
E
Cooperative Planning Area
Water Features S