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HomeMy WebLinkAbout1998-074-04/21/1998-AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THOMPSON SCHOOL DISTRICT REG RESOLUTION 98-74 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THOMPSON R2-J SCHOOL DISTRICT REGARDING COLLECTION OF FEES IN LIEU OF LAND DEDICATION FOR SCHOOL SITES WHEREAS,the City is authorized under Article XX,Section 6,of the Colorado Constitution to adopt appropriate ordinances and regulations for the purpose of promoting and preserving the public health, safety and welfare of the citizens of the City; and WHEREAS, the provision of adequate schools to serve new development and the location of the sites of those schools are matters of substantial concern to the City; and WHEREAS, under Section 22-32-124, C.R.S., local planning commissions are authorized to review proposed school sites in order that such sites conform to the adopted plans of such communities insofar as is feasible; and WHEREAS, it is in the best interests of the City to ensure that school sites are readily and safely accessible for all modes of transportation and that their location is consistent with the City's overall planning objectives regarding the location and timing of capital improvements and the delivery of municipal services; and WHEREAS,under Section 31-23-303(1), C.R.S., Colorado cities are authorized to impose regulations upon local development in order to facilitate the provision of adequate schools and other public facilities; and WHEREAS,the growth of residential land development in the City necessitates the building of additional school facilities and/or improvements to existing school facilities in order to accommodate the corresponding increases in the student population; and WHEREAS, requiring the dedication of land for school sites or the payment of a fee by developers in lieu of such dedication will provide a portion of the land or funding needed to meet such demand; and WHEREAS,local governments are encouraged and authorized to cooperate or contract with other units of government, pursuant to Section 29-21-105, C.R.S., for the purpose of planning or regulating the development of land, including, but not limited to, the joint exercise of planning, zoning, subdivision, building and related regulations; and WHEREAS, such intergovernmental cooperation is also permitted under Article II, Section 16 of the City Charter; and WHEREAS, Section 22-54-102(3)(a), C.R.S., specifically authorizes local governments to cooperate with school districts through intergovernmental agreements to fund, construct, maintain or manage capital construction projects provided that funding is provided by a source of local government revenue that is otherwise authorized by law: and WHEREAS, fees in lieu of such dedication are expressly permitted under Section 22-54- 102(3)(b)(III); and WHEREAS,cooperating with the Thompson R24 School District to require land dedication or payments in lieu of land dedication for school purposes will promote and preserve the public health, safety and welfare of the citizens of the City; and WHEREAS,for the foregoing reasons,the City Council believes that it would be in the best interests of the City to enter into an intergovernmental agreement with the Thompson R24 School District to regulate new development in the City by providing for the dedication of school sites or the payment of fees in lieu thereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute on behalf of the City an intergovernmental agreement with the Thompson R2-J School District upon the terms and conditions shown on Exhibit "A," attached hereto and incorporated herein by this reference, with such modifications as the City Manager may, in consultation with the City Attorney, consider to be necessary and appropriate to effectuate the purposes of said agreement. Passed and adopted at a regular meeting of the City Council held this 21 st day of April A.D. 1998. r ATTEST: City Clerk Exhibit "A" INTERGOVERNMENTAL AGREEMENT CONCERNING LAND DEDICATIONS OR PAYMENTS IN LIEU FOR SCHOOL PURPOSES THIS AGREEMENT is entered into by and between the Thompson School District R24 School District ("School District"),a political subdivision of the State of Colorado,and the City of Fort Collins,Colorado("City"),a municipal corporation and home rule city of the State of Colorado, to be effective as of the 21st day of April, 1998 ("Effective Date"). RECITALS A. Pursuantto Article XX,Section 6 ofthe Colorado Constitution and Colorado Revised Statute Section 31-23-202, as amended, the Council of the City, upon recommendation of the Planning and Zoning Board has adopted the goals,policies, and supporting data of the Fort Collins Comprehensive Plan in order to plan for the orderly growth of the City. B. Local governments are encouraged and authorized to cooperate or contract with other units of government,pursuant to section 29-20-105,C.R.S.,for the purpose of planning or regulating the development of land, including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations. C Section 22-54-102(3)(a), C.R.S., authorizes local governments to cooperate with school districts through intergovernmental agreements to fund, construct, maintain, or manage capital construction projects, provided that funding is provided by a source of local government revenue that is otherwise authorized by law. D. The growth in residential land development in the City necessitates the building of additional school facilities and/or improvements to existing school facilities in order to accommodate the corresponding increases in the student population. Requiring, in connection with new construction within the City,the dedication of sites and land areas for schools, or payments in lieu thereof("in-lieu payments") will help to meet such demand. E. The City is authorized to adopt appropriate ordinances and regulations for the purpose of promoting and preserving the public health, safety, and welfare of the citizens of the City. F. Cooperating with the School District to require the dedication of school sites or in lieu payments will promote and preserve the public health, safety,and welfare of the citizens of the City. G. In order to provide adequate school facilities to serve new residential land developments, it is imperative that the School District be consulted regarding land dedication or in-lieu payments for school sites in order to achieve rational and cost-effective planning. H. School land dedication or in-lieu payments serve to implement the Fort Collins Comprehensive Plan,by making provisions for public improvements in a manner appropriate for a modern, efficiently functioning City; and by implementing those provisions of the Plan that are intended to ensure that new development does not negatively impact the provision of municipal services. I. The City, upon consideration of the effect of residential land developments and the ability of the School District to provide school facilities in the City,has determined that it is in the best interests of the citizens of the City to enter into an Intergovernmental Agreement with the School District for the purpose of providing for the dedication of land for school sites or payments in lieu thereof as provided in this Agreement. J. The City and School District desire to define their respective rights and obligations with respect to the planning, collection, and use of such land dedications and in-lieu payments. AGREEMENT NOW,THEREFORE,in consideration of the objectives and policies expressed in the recitals to this Agreement and the mutual promises contained in this Agreement,the City and School District agree as follows: 1. School Planning Standards. a. The School District has adopted certain planning standards("School Planning Standards"or"Standards")which are shown on Exhibit A,attached hereto and incorporated herein by this reference, as well as a methodology for calculating land dedication requirements and in-lieu payments(the"Methodology"),as shown on Exhibit B,also attached hereto and incorporated herein by this reference. These Planning Standards and Methodology are based upon: (i)student yields for each school age level;(ii)school facility enrollment capacities;(iii)school site acreage requirements; and (iv) developed land value for purposes of determining the amount of any in-lieu payments . b. The City and School District agree that the current School Planning Standards in Exhibit A are reasonable,and that the Standards should be reviewed annually by both the District and City and adjusted by mutual agreement as needed. The City and School District also agree that the then-current Standards shall apply to any project to which this Agreement applies ("Land Development Project" or"Project"). The term"Land Development Project" or"Project" shall mean any site specific development plan (as that term is defined in the City's Land Use Code), or any amendment to a site specific development plan that will result in a population density or population greater than that contemplated by the original site specific development plan. This requirement shall not apply to dwelling units' that are exempt under Section 7 below. ' "Dwelling unit"shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed,occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, 2 2. Determination of Land Dedication or In-Lieu Payment Requirements. a. Beginning on the effective date of the implementing ordinance adopted by the City concurrent with the approval of the Agreement, the City agrees to require its chief building official to issue residential building permits in accordance with the conditions set forth in this section, with respect to any Land Development Project taking place on any building lot located within the City. b. The City agrees that as a condition of issuing any residential building permit for the construction of one or more dwelling units within a Land Development Project, it will: (i) require proof that the appropriate reservation of land for future dedication to the School District has been made in accordance with Section 3 below, or (ii) collect on behalf of the School District, an in-lieu payment, in accordance with Section 4 below. This requirement shall apply to each residential building permit within a Land Development Project for which application is made on or after the effective date of this Agreement, subject only to the exemptions contained in Section 7 below. C. Prior to or at the time that any proposed plans are submitted to the City for any Land Development Project , the Superintendent of the School District or a designee will meet with the party responsible for land dedication or in-lieu payments("Developer"), for the purpose of determining whether the School District desires the dedication of any land for schools within the Project, consistent with the School Planning Standards. In the event the School District requests a dedication of land that, based upon the application of the Standards and Methodology, results in a parcel that in itself would be of insufficient size for a school site, the School District agrees to discuss with the Developer: i. the potential reservation by the Developer or acquisition by the School District of the balance of the property needed to provide an adequate site; or ii. an in-lieu payment as provided in this Agreement in the event the dedication of sites and land areas is not deemed feasible or in the best interests of the School District. d. Upon formal submission of a proposed Land Development Project to the City, the City shall submit the Developer's proposal to the School District for its review, comments, and recommendations concerning the adequacy of school sites and facilities, within the context of the proposed Land Development Project. The School District shall promptly review the proposal and shall promptly submit its comments and recommendations to the City. e. The School District shall make a determination concerning the impact of the Project upon the adequacy of school sites and facilities based upon the School Planning Standards. cooking and sanitary purposes,located in a single-family,two-family,or multi-family dwelling or mixed-use building. (Fort Collins Land Use Code). 3 f. Upon receipt of the School District's determination as to whether land shall be dedicated, the City shall, to the extent permitted by law, implement said determination as provided in subsection (b) above. 3. Conveyance of Dedicated Land. a. If land is to be reserved for future dedication to the School District as part of the approval of any Land Development Project,the School District shall so notify the City in writing. Upon receipt of such notification, the City shall thereafter accept the final plat for the Land Development Project, or any portion of it, for recording only if such plat shows the reservation of such land for such future dedication to the School District. b. Dedication of the reserved site shall occur no later than the date of issuance of the first residential building permit for the Land Development Project. At the time of dedication, the dedicated site shall have overlot grading, direct access to a publicly dedicated street improved to City standards, and utilities stubbed to the site. The School District shall promptly certify to the City in writing that the dedication has been made. In the event that the School District determines, in its sole discretion, that the dedication of a reserved site is necessary prior to the issuance of any building permit for the project within which such site is located, the School District shall so notify the person(s) shown by the records of the Larimer County Assessor as being the then current owner(s) of such site. Said notice shall be sent by certified mail, return receipt requested. Within sixty (60) days of the mailing of said notice, the reserved property that is the subject of the mailing shall be dedicated to the school district by the owner(s) thereof. C. Title to the dedicated site shall be conveyed to the School District by general warranty deed, free and clear of all liens, encumbrances, and exceptions (except those approved in writing by the School District), including, without limitation, real property taxes, which will be prorated, and paid as of, the date of conveyance. The Developer shall provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property. 4. Assessment and Amount of In-Lieu Payment. In the event that the School District determines,under Section 2.c.above,that the dedication of land with respect to a particular land development project would not further the planning objectives of the School District, either because the parcel that could be required to be dedicated would be of insufficient size for a school site or because the location of the dedicated site would be inappropriate,then the amount of the in-lieu payment shall be determined and paid to the City upon issuance of each residential building permit within that Project, according to the Methodology set forth in Exhibit B. 4 5. Methodology for Assessing In-Lieu Payments a. The parties agree that the Methodology has been developed in a manner so as to fairly apportion the cost of acquiring school sites made necessary by residential development, and to ensure that any in-lieu payments will be used for the purposes of school site acquisition and development and capital facilities planning within the senior high school feeder attendance area boundaries that include the Land Development Project for which the payment is being made. All dedication requirements and in-lieu payments shall be based upon the School Planning Standards and the Methodology, as the same may be amended from time to time in accordance with subparagraph (b) below. b. The Standards and Methodology adopted pursuant to the provisions of this Agreement shall be updated annually from the date of its submission to the City. A copy of updated versions of Exhibits A and B,reflecting such changes, shall be furnished to the City within 30 days after its adoption by the School District. The City shall hold a public hearing before revising the in-lieu payments based upon any revisions to the Standards and/or the Methodology for Calculations (Exhibit B). 6. Collection, Deposit, and Expenditure of In-Lieu Paments. a. All in-lieu payments collected by the City shall be properly identified and promptly deposited into a separate account held by the City for the benefit of the School District. The City shall remit to the School District, no less than quarterly, all funds it has collected and deposited into the account, less a two percent (2%) administrative fee. b. The School District shall deposit the funds remitted by the City into an interest-bearing account authorized by sections 24-75-601 to-605,C.R.S. The School District shall be the owner of the funds in the account. C. The funds deposited into the account shall be earmarked and expended solely for the purposes of school site acquisition, expansion or development, or for capital facilities planning. When expenditures from the account are made for the acquisition, expansion or development of elementary, middle schools or junior high school sites, or for capital facilities planning related to such sites, such expenditures shall be made only for sites located within the senior high school feeder attendance area boundaries that include the Land Development Project for which the payment was made. When expenditures from the account are made for the acquisition, expansion or development of high school sites,or for capital facilities planning related to such sites, the expenditures may be made for sites located anywhere within the city. Subject to the limitations contained in this Agreement, the time for, nature, method, and extent of such planning or development shall be within the sole discretion of the School District. d. Except as otherwise provided in this Agreement,any in-lieu payments which have not been used for the purposes of school site acquisition, expansion or development, or for 5 capital facilities planning, within ten years of the date of collection shall be refunded, with interest at the rate of 6 percent per annum compounded annually, to the person(s) shown by the records of the Larimer County Assessor as being the then-current owner(s) of the property which was subject to the payment (the "Property Owner"), as of the ten-year anniversary of the date of collection. Notice of such refund opportunity shall be mailed to the Property Owner's address as reflected in the records of the Larimer County Assessor at the end of the ten year period. If the Property Owner does not file a written claim for such refund with the School District within 90 days of the mailing of such notice, such refund shall be forfeited and shall revert to the School District to be utilized for capital facilities or improvements that will benefit the residence(s)for which the payment was made. e. The School District may request the City to extend the ten-year period of time specified in the previous subsection. Such request shall be made at a public hearing before the City, which may for good cause shown,and in its discretion,extend such period of time as the City deems reasonable and necessary. 7. Exemptions. a. The following shall be exempted from land dedication requirements or in-lieu payments: i. Alteration or expansion o f a dwelling unit not exceeding a net increase of 1,000 square feet of the existing dwelling unit. ii. Replacement of a dwelling unit in which the replacement does not exceed a net increase of 1,000 square feet of the dwelling unit being replaced. iii. Construction of an accessory building, or structure. iv. Long-term care facilities or group homes as defined in the Fort Collins Land Use Code. V. Land Development Projects (or portions thereof) that are subject to recorded covenants permanently restricting the age of all residents of all dwelling units such that the dwelling units may be classified as"housing for older persons" pursuant to the Federal Fair Housing Amendments Act of 1988. b. Any claim of exemption as provided in this Section 7 must be made no later than the time of submission of the Project for approval. Any claim not so made shall be deemed waived. 6 8. Annual Report, Accounting, and Audit. a. The School District shall establish and maintain an accounting system to ensure that all in-lieu payments are expended in accordance with Section 6.c. above. b. The School District and the City shall cause an audit to be performed annually of the in-lieu payments collected and expended in accordance with this Agreement. The audit shall be conducted in accordance with generally accepted accounting principles for governmental entities and may be part of any general audit annually conducted by the School District. A copy of said audit shall be furnished to the City. The cost of the audit shall be paid from the School District's general fund. C. At any time deemed necessary,the City may request an accounting from the chief financial officer of the School District concerning the expenditure of the in-lieu payments made to the School District. 9. Term. The term of this Agreement shall commence on the effective date hereof and continue for a period of ten years thereafter unless the City repeals the implementing ordinance adopted by the City concurrent with this Agreement. This Agreement shall automatically renew for an additional ten years unless one party notifies the other of intent to non-renew at least 30 days prior to expiration. Should the Agreement expire, the provisions of Section 6.d. pertaining to refunds shall remain in effect until fully implemented. 10. Miscellaneous. a. Faith and Credit. Neither party shall extend the faith or credit of the other to any third person or entity. b. Amendments. This Agreement may be amended only by mutual agreement of the parties and shall be evidenced by a written instrument authorized and executed with the same formality as accorded this Agreement. C. Notice. Any notice required by this Agreement shall be in writing. If such notice is hand delivered or personally served, it shall be effective immediately upon such delivery or service. If given by mail, it shall be certified with return receipt requested and addressed to the following addresses: City of Fort Collins P.O. Box 580 300 LaPorte Avenue Fort Collins, Colorado 80522-0580 Attention: City Manager 7 Thompson School District R24 635 North Douglas Avenue Loveland, Colorado 80537 Attention: Superintendent of Schools Notice given by mail shall be effective three days after it is deposited in the United States mail depository correctly addressed and with sufficient postage for delivery. d. Governing Law. This Agreement and the rights and obligations of the parties hereto shall be interpreted and construed in accordance with the laws of the State of Colorado. e. Severability. If this Agreement, or any portion of it, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the Agreement. f. Indemnification. The School District agrees to defend any legal action that may be brought against the City and the School District challenging the in-lieu payments under or the enforcement of the Intergovernmental Agreement Concerning Land Dedications or Payments in Lieu for School Purposes, and, to the extent permitted by law, to indemnify and hold the City harmless from any final monetary judgment entered in any such action, except for such amounts as have been retained by the City to defray administrative costs related to the collection and remittance of the fee under Section 6(a) above. The obligations of the School District hereunder shall be conditioned upon (a) prompt notification to the School District of any threatened claim; (b) full cooperation by the City with the School District and its legal counsel in its defense of the claim; and (c) the City not compromising, settling, negotiating, or otherwise similarly dealing with the claim without the express consent of the School District. By agreeing to this provision, neither party waives or intends to waive the limitations on liability which are provided to them and their employees, officers, agents, and representatives under the Colorado Governmental Immunity Act, sections 22-10-101 et seq., C.R.S., as amended. Nothing contained herein shall constitute any waiver by the City or School District of the provisions of the Colorado Governmental Immunity Act or any other applicable immunity defense. g. Survival. Any provision or obligation of this Agreement, for the benefit of either party,that has not been fully performed or discharged at the time of termination shall survive such termination and continue to bind the party until the expiration of any applicable legal or equitable period of limitation. h. Financial Obligations. This Agreement shall not be deemed a pledge of the credit of the City or the School District, or a collection or payment guarantee by the City to the School District. Nothing in this Agreement shall be construed to create a multiple-fiscal year direct or indirect municipal or district debt or financial obligation. 8 IN WITNESS WHEREOF,the parties hereto have executed this Agreement which shall be in full force and effect the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation and Home Rule City By: Date: Mayor ATTEST: Date: City Clerk Approved as to form: Date: City Attorney THOMPSON SCHOOL DISTRICT R24 By: Date: Board of Education President ATTEST: Date: Secretary Approved as to form: Date: School District Attorney 9 Exhibit A School District Planning Standards 1. Student Yields Elementary School .27 per dwelling unit Junior High School .15 per dwelling unit High School .17 per dwelling unit 2. School Facility Enrollment Capacities Elementary School 550 Junior High School 900 High School 1500 3. School Site Acreage Requirements Elementary School 10 acres Junior High School 30 acres High School 40 acres 4. Developed Land Value $31,000 per acre Exhibit B Thompson School District R24 Loveland, Colorado School District Methodology Based on the School District Planning Standards contained in Exhibit A, calculation of land dedication or in-lieu payments uses the following procedures: Elementary School Procedure The elementary student yield per dwelling unit ratio is .27. The amount of land required per student (based on a 10 acre school site) is 0.18 acres. The acreage required per dwelling unit is .27 times .018 or .00486 acres. To convert the land dedication requirement into in-lieu payments, the acreage is multiplied by the average developed land value of$31,000 per acre, or $151.00 per dwelling unit. Example: .27 x.018 = .00486 acres x$31,000 =$151 Middle School Procedure The middle school yield per dwelling unit ratio is .15. The amount of land required per student (based on a 30 acre school site) is .033 acres. The acreage required per dwelling unit is .15 times .033 or.00495 acres. To convert the land dedication requirement into in-lieu payments, the acreage is multiplied by the average developed land value of$31,000 per acre, or $153.00 per dwelling unit. Example: .15 x .033 = .00495 acres x$31,000 = $153 High School Procedure The high school yield per dwelling unit ratio is .17. The amount of land required per student (based on a 40 acre school site) is .027 acres. The acreage required per dwelling unit is .17 times .027 or .00459 acres. To convert the land dedication requirement into in-lieu payments, the acreage is multiplied by the average developed land value of$31,000 per acre, or $142.00 per dwelling unit. Example: .17 x.027 = .00459 acres x$31,000 = $142 Summary The total land dedication or in-lieu payment per dwelling unit is: Land In-Lieu Payments Elementary .00486 acres or $151 Middle School .00495 acres or $153 High School .00459 acres or 142 Total .01440 acres or $446 To determine the land or in-lieu payments for a proposed residential development, the per dwelling unit totals above would be multiplied by the total number of dwelling units in the development (�g @ 150 units: land=2.16 acres or in-lieu payment = $66,900).