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HomeMy WebLinkAbout1997-062-06/17/1997-AURORA HILLS SUBDIVISION UGA PUBLIC STREET CAPACITY WAIVER APPROVAL RESOLUTION 97-62 OF THE COUNCIL OF THE CITY OF FORT COLLINS RECOMMENDING CONDITIONAL APPROVAL OF A WAIVER OF THE UGA PUBLIC STREET CAPACITY PHASING CRITERIA REQUIREMENT FOR THE AURORA HILLS SUBDIVISION WHEREAS, Section 2 Paragraph 2.5(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 a 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; and WHEREAS, the anticipated traffic impacts of the subdivision on off-site streets in the area of the subdivision would be substantial and, if not adequately mitigated, would result in unplanned public expense for the provision of necessary street improvements; and WHEREAS, any resulting deficiency in the public street capacity in the area of the subdivision would become the responsibility of the City of Fort Collins at such time as those streets are annexed into the City; and WHEREAS, in order for the Subdivision to contribute its fair share of the cost of constructing said off-site street improvements to a level capable of handing projected traffic volumes in the area of the Subdivision, the City and County staff believe that; (1) the developer of the subdivision should pay to the County a fee in the amount of$1,562.50 per dwelling unit, (2)those payments should be held by the County in an interest-bearing account and earmarked for the improvement of Skyway Drive, in order to offset the primary traffic impacts of the subdivision, and (3) at such time, if at all,that the portion of Skyway Drive to be improved through the use of such funds is annexed into the City, any unexpended portion of the funds should be delivered to the City, together with accrued interest thereon,to be used for the purpose of making such improvements; and WHEREAS, under the foregoing conditions, the City Council believes that the waiver request for the Aurora Hills subdivision should be approved by the County. 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 requirement,as defined in the Larimer County Supplemental Regulations,be waived as that requirement is or may be applicable to the Subdivision, but only if that waiver is conditioned upon the developer's compliance with the terms and conditions described above and on Exhibit"A," attached hereto and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of June, A.D. 1997. Mayor Pro Tam ATTEST: �U,d City Clerk MAY-27-1997 16:01 LARIMER CTY ENGINEERING 970 498 7986 P.02i02 MER ENGINEERING DEPARTMENT NCLOUNTYIPost office Box 1190 AAMFort Collins, Colorado 80522.1190 (070)498-5700 FAX(970)498-7986 May 22, 1997 Mr. Geary Diede Director of Engineering Services City of Fort Collins P.O. Box 580 ' Fort Collins, Colorado 80522 Re: Proposed Aurora Hils Waiver Agreement- Letter of Understanding Dear Mr. Byrne; This letter is written at the request of the City to define and acknowledge agreement as to the amount and terms for payment of the costs of improving Skyway Avenue to meet the requirements of the City of Fort Collins -Larimer County Intergovernmental Agreement for the improvement of Skyway Avenue from South College Avenue west to Constellation in connection with the development of the Aurora Hills Subdivision. City and County staffs have identified pertain improvements of the existing asphalt surface which staff members agree are needed to support traffic generated as part of the proposed Aurora Hills Project. It is acknowledged and understood by the parties that certain additional improvements may be necessary to support use of adjoining properties as commercial developments, but such additional improvements are not necessary at this time. The cost of the improvements is estimated to be$50,000. This equates to$1,562.50 for each of the 32 lots in the proposed Aurora Hills Subdivision, which amount will be payable for each of the lots at the time of building permit issuance. The County will warrant that it will use the money paid as described above only for improvements to Skyway and nothing else. Upon annexation of the Aurora Hills Project by the City of Fort Collins, the County will agree to forward to the City any unused fluids collected from the Aurora Hills Project. By copy of this Ietter,I will transmit this infortmation to Jim Martell, so that he may prepare on behalf of the developer of Aurora Hills a formal legal agreement between the City of Fort Collins and Larimer County to be signed by the City Manager and the Chairman of the Board of County Conultissioners ow Rex A Burns Larimer County Engineering Department cc: Aurora Hills Development File Dan Tasmon, Staff Planner, Larimer County Planning Department Jim Martell,Attorney at Law EXHIBIT A tom.