HomeMy WebLinkAboutCITY STRUCTURE PLAN AMENDS TO GMA, FOSSIL CREEK COOP. PLAN. AREA - 19-04 - AGENDA - CORRESPONDENCE-HEARING153
STAFF RECOMMENDATION:
Staff recommends that the Larimer County Planning Commission recommend to the
Board of County Commissioner approval of both the expansion of the Fort Collins GMA
Overlay Zone District and the repeal of the County Land Use Code Section 8.9.3 (in its
entirety), as proposed, and the removal by zone change of the Cooperative Planning
Area Overlay Zone District from the area. Staff recommends that the effective date of
the zone change be the date of City plan amendment finalizing the land use designations.
and intensities for the area.
SUGGESTED MOTION:
I move that the Fort Collins GMA Overlay Zone District be applied to the geographic
area as shown on Map 1 dated Feb 1, 2005 and that the effective date of the GMA Zone
District boundary change shall be the approval date of the amendment to City Structure
plan for this GMA Zone District expansion area.
I move that the Fossil Creek Cooperative Planning Area Overlay Zone District be
removed from the underlying zone districts as show on the Official Larimer County zone
district map and as described in the legal notice for this public hearing. The effective
date of the zone change to remove the Cooperative Plan Area District Overlay Zone
from the area shall be the approval date of the amendment to the City Structure plan for
this GMA zone district expansion area.
I move that the Larimer County Land Use Code be amended by repealing section 8.9.3
(Supplementary Regulations for the Fossil Creek Cooperative Planning Area.) in its
entirety. The effective date of repeal shall be the approval date of the amendment to the
Fort Collins City structure plan for the GMA zone district expansion area.
LCPC 06/15/05 GMA / CPA / LAND USE
CODE AMENDMENTS
5z.
GM-5 Larimer County, in cooperation with municipalities and after consultation
with residents, landowners and other affected interests, shall establish Cooperative
Planning Areas (CPAs) and Community Influence Areas (CIAs) adjacent to
Growth Management Areas (GMAs), where appropriate, to provide for protection
of future City or Town interests.
GM-6 Larimer County shall cooperate with municipalities to maintain distinct and
separate urban areas.
GM-6-sl Responsibility for defining and providing buffers between communities shall
be shared between the adjacent municipalities and the County and shall be defined in
Intergovernmental Agreements.
SUMMARY & CONCLUSIONS:
The proposed enlargement of the Fort Collins GMA and the application of the GMA
Overlay Zone District to the proposed area meet the review criteria for such actions and
carry out the intent of the Larimer County/City of Fort Collins Intergovernmental
Agreement. The County staff recommends that the discussions regarding changes to the
land use designations and densities be. completed and adopted by the City of Fort Collins
prior to the effective date of the zone change. This recommendation will provide clarity
to developers, landowners and staff regarding ultimate jurisdictional authority in the
area. In addition, the effective date of the recommendation has two effects, it does not
require annexation to the City prior to land use issues being finalized and it does permit
applicants to apply for development under the existing rules and regulations of the CPA
Zone District.
The repeal of the Cooperative Planning Area Overlay Zone designation and
supplemental regulations for the area should become final on the effective date of the
zone to GMA.
STAFF FINDINGS:
The proposed application of the GMA Overlay Zone District in the vicinity of Fossil
Creek Reservoir Area meets the review criteria for approval.
LCPC 06/15/05 GMA / CPA / LAND USE
CODE AMENDMENTS
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The proposal appears to be consistent with the Fossil Creek Reservoir Area Plan jointly
adopted by City of Fort Collins and Larimer County along with the various
Intergovernmental Agreements. Therefore, the change is supported by staff. Findings
regarding specific development compatibility, community need and orderly
neighborhood development pattern are development plan dependent.
The most relevant portion of the County Master Plan pertaining to GMA overlay zoning
and Supplementary Regulations is copied below.
From the Larimer County Master Plan:
2.7 Guiding Principles and Implementation Strategies For Growth Management
The Master Plan establishes the following guiding principles for growth management.
These provide the policy basis for the implementation programs that will carry out the
Plan. The primary vehicles for the Master Plan implementation are the Land Use Code
which. incorporates zoning and subdivision regulations and consolidates other
requirements for development into a single document. The implementation tools
include GMA and CPA Overlay Zone Districts and Intergovernmental Agreements with
cities, towns and special districts.
URBAN AND RURAL DEVELOPMENT
GM-4 Larimer County shall continue to allow for urban development within cities
and designated urban areas.
GM-4-sl Urban development areas will be designated only where public water and
sewer are available or planned, and where projected densities are at least 2 units per acre.
GM-4-s2 Intergovernmental Agreements shall clearly define an annexation policy that is
consistent with city and County growth management principles. In development not
eligible for immediate annexation, the County will require applicants to meet city
criteria, standards and fee structures adopted by the County, so that the areas may
eventually be annexed as they.become eligible without extensive capital improvements
or costs. The County also will encourage annexation of land that is to be developed with
urban uses or at urban densities so provision of urban level services by Larimer County
is minimized. Binding annexation agreements also will continue to be required.
LCPC 06/15/05 GMA / CPA / LAND USE
CODE AMENDMENTS
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The Fort Collins' City Plan, the City's Comprehensive plan, as updated May 2004,
anticipates annexation of the area.
C. The municipality's comprehensive plan provides the County and property owners with
clear guidance regarding the types and intensities of land uses intended for each parcel
within the GAM District boundary;
The City of Fort Collins Structure Plan, as updated May 2004 establishes guidance for
types and intensities of land uses for the proposed expansion area. The specifics of the
plan guidance are currently being reviewed within the context of the City of Fort Collins
planning process and with requested input from the property owners. Staff recommends
the effective date of the zone amendment be effective the date of the plan amendment.
d. The area within the GAM District can and will be served with urban level services,
including but not limited to, public sewer, public water, urban streets and urban fire
protection; and
Public sewer service is available to the area from South Fort Collins Sanitation District
and water service is available from the Fort Collins -Loveland water district. Fire
Protection from the Poudre Fire Authority and streets servicing the properties are
currently under the jurisdiction of the State of Colorado or Larimer County.
e. The review criteria for boundary or zone designation set forth in Subsection 4.4.4 (A)
through (F) have been met.
Subsection 4.4.4 (A) through (F), Review Criteria for Zone or Overlay Zone District
Boundary or Zone Designation Changes, states:
To approve an amendment to the zoning district boundaries, overlay district boundaries
or zone designation of a parcel on the Official Zoning Map, the County Commissioners
must find
the following conditions exist:
A. The proposed change is consistent with the Master Plan;
B. The proposed change is compatible with existing and allowed uses on properties
in the neighborhood and is the appropriate zoning for the property;
C. Conditions in the neighborhood have changed to the extent that the proposed
change is necessary;
D. The proposed change does not result in significant adverse impacts on the
natural environment;
E. The proposed change addresses a community need; and
F. The proposed change results in a logical and orderly development pattern in the
neighborhood.
LCPC 06/15/05 GMA / CPA / LAND USE
CODE AMENDMENTS
419.
zoned the area as a Cooperative Planning Area Overlay Zone and adopted supplemental
regulations for the Cooperative Planning Overlay Zone on March 6, 2001.
The purpose of this hearing is to consider the expansion of the Fort Collins Overlay Zone to the
areas depicted on the attached map and removal of the Cooperative Planning Area Overlay Zone
District from all areas of the Fossil Creek Reservoir Area and repeal of the supplemental
regulations implementing the Fossil Creek Cooperative Planning Area Zone District (Section
8.9.3. of the Larimer County Land Use Code). (For a complete overview of adopted plan and
policy guidance for GMA expansion into the CPA at the Fossil Creek Reservoir area, see
attached Memorandum from the Director dated May 2, 2005.)
A major provision of both the IGA and the GMA Overlay Zone District requires properties that
are adjacent to the Fort Collins city limits to annex prior to development. For those properties
that are adjacent to the City limits, and annexation occurs, the City's development processes and
standards would apply.
Within the proposed expanded GMA, those properties that are NOT eligible for annexation may
proceed to request development approval from Larimer County; however, they would be subject
to the requirements of the GMA overlay zone.
REVIEW CRITERIA:
Sec. 4.2.1.B.3 of the GMA Overlay Zone District states:
The County Commissioners may establish or enlarge a GMA District if the following review
criteria are met:
a. There is an intergovernmental agreement with the adjacent municipality pertaining to a
Growth Management Area and the GMA District is intended to implement the
agreement;
In 1999, the City of Fort Collins and Larimer County signed an Intergovernmental
Agreement establishing the Fossil Creek Cooperative Planning Area. The agreement is
based on the jointly adopted Fossil Creek Reservoir Area Plan. Planning principle FC-1-
6 identifies a CPA as intended to allow development in the CPA to proceed,but in a
manner that does not preclude or jeopardize urbanization when and if it becomes part of
the municipality's GMA. Policy GM-1.3 of the Fort Collins plan and principles as
quoted in the Fossil Creek Reservoir Area Plan states that the CPA is to preserve
opportunities to expand the GMA. The plan and policy basis for the GMA expansion
exist in the plan and intergovernmental agreements jointly adopted by the City of Fort
Collins and Larimer County..
b. The area within the GMA District boundary is expected, by the parties, to be annexed
within the time frame anticipated by the municipality's comprehensive plan;
LCPC 06/15/05 GMA / CPA / LAND USE
CODE AMENDMENTS
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TITLE: Enlarge the Fort Collins GMA Overlay
Zone District and remove the
Cooperative Planning Area Overlay
Zoning District designation from the
Fossil Creek Reservoir Area by zone
action and repeal' Section 8.9.3
(Supplementary regulations for
Cooperative Planning Areas) of the
Larimer County Land Use Code.
REQUEST: 1. Apply (zone), the GMA Overlay
Zone District to the area shown on map
dated February 2005.
2. Remove (zone) the existing CPA
Cooperative. Planning Area Overlay Zone
District from the property adjacent to Fossil
Creek Reservoir, (as described in the legal
notice).
3. Repeal Section 8.9.3 of the Larimer
County Land Use Code (Supplementary
Regulations for Cooperative Planning
Areas)
LOCATION: The Fossil Creek Reservoir area
APPLICANT: Larimer County
STAFF CONTACT: Russ Legg, Chief Planner
FILE #: 05-CA0055 Code Amendment;
05-Z1543 Cooperative Planning Area
Overlay Zone District Repeal;
and 05-Z1544 GMA Expansion
PROJECT DESCRIPTIONBACKGROUND:
Larimer County and the City of Fort Collins concluded a joint planning effort by adoption of the
Fossil Creek Area Plan in March 1998. Soon after, the Fort Collins Growth Management Area
(GMA) Overlay Zoning District was expanded to include portions of the Fossil Creek planning
area and an Intergovernmental Agreement (IGA) was signed on August 31, 1999 regarding
development in the Fort Collins Cooperative Planning Area (CPA). The Larimer County Board
of Commissioners, with recommendation from the Larimer County Planning Commission,
LCPC 06/15/05 GMA / CPA / LAND USE
CODE AMENDMENTS
WHI
PLANNING COMMISSION
STAFF REPORT
June 15, 2005
4 cP.
CA0055, by repealing Section 8.9.3 (Supplementary Regulations for the Fossil
Creek Cooperative Planning Area) in its entirety. The effective date of the repeal
shall be the approval date of the amendment to the Fort Collins City Structure Plan
for the GMA zone district expansion area.
Commissioner Pond seconded the Motion.
Commissioners' Boulter and Waldo voted against the Motion.
Commissioners' Korb, Oppenheimer, Pond, terMeer, Wallace and Chairman Morgan
voted in favor of the Motion.
MOTION PASSED: 6-2
Mr. Legg announced that Staff would take the Planning Commission recommendations to
the Board of County Commissioners hearing July 11, 2005 at 6:30 p.m.
45
District expansion area. Prior to the Board of County Commissioners signing the
amended Intergovernmental Agreement (IGA) with the City of Fort Collins, the
Board of County Commissioners receive what is in their judgment sufficient
assurances that the City will be an active participant in efforts to provide Adequate
Public Facility review of the I-25/Hwy 392 Interchange and Carpenter Road.
Commissioner Pond seconded the Motion.
Mr. Legg asked for clarification on the effective date.
Commissioner Wallace stated that the effective date of the GMA Zone District would be
as staff recommended.
Commissioners' Boulter and Waldo voted against the Motion.
Commissioners' Korb, Oppenheimer, Pond, terMeer, Wallace and Chairman Morgan
voted in favor of the Motion.
MOTION PASSED: 6-2
Commissioner Korb moved that the Planning Commission adopt the following
Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of
County Commissioners that the Fossil Creek Cooperative Planning Area Overlay
Zone District, file #05-Z1543, be removed.from the underlying zone districts.as
show on the Official Larimer County zone district map and as described in the legal
notice for this public hearing. The effective date of the zone change to remove the
Cooperative Plan Area District Overlay Zone from the area shall be the approval
date of the amendment to the City Structure Plan for this GMA zone district
expansion area.
Commissioner terMeer seconded the Motion.
Commissioners' Boulter and Waldo voted against the Motion.
Commissioners' Korb, Oppenheimer, Pond, terMeer, Wallace and Chairman Morgan
voted in favor of the Motion.
MOTION PASSED: 6-2
Commissioner Korb moved that the Planning Commission adopt the following
Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of
County Commissioners that Larimer County Land Use Code be amended, file #05-
appropriate uses targeted towards the maximization of revenue sources to improve the
interchange.
Commissioner terMeer replied that she did not feel that area needed to be Commercial.
Chairman Morgan stated he had concerns with the issues concerning the community
separators and land uses. His major concerns had to do with the Adequate Public
Facilities issue. He did not feel that the Planning Commission could approve any
development applications that came forward in that area. The City of Fort Collins needed
to be an active player in the improvements to the Adequate Public Facilities. He
suggested that the proposal be heard by the Board of County Commissioners.
Commissioner Wallace stated that her position was to move forward; however, she did
not feel that a position should be taken on whether the areas should be zoned a .particular
zone. She felt uncomfortable stating that a certain area should be zoned Commercial and
would vote against that if recommended.
Commissioner Korb remarked that Adequate Public Facilities influenced the type of
zoning in an area. He suggested broadening the language of the Staffs recommended
Motion to state that the City would give a priority effort to Adequate Public Facilities as
affecting Carpenter Road and the I-25/Hwy 392 Interchange. Thus the kind of uses that
the City of Fort Collins wished to locate would be driven by the position that the City
took on the extent of improvement of both of those roads. He stated that he could support
the expansion if that language was added to the Motion.
Commissioner Boulter stated that he did not like the irregular boundary line. He felt that
the City of Fort Collins inability to participate in a meaningful fashion with the .
interchange was a problem. He commented that applicants were asked by the Planning
Commission to re -address their plans if it didn't seem to be right, and he felt that maybe
it was appropriate for the City of Fort Collins to do the same and reexamine their
policies. He was persuaded by the substantial opposition of the land owners and that
their right to use their property to its best use was being impacted severely. He was very
uncomfortable with that aspect and felt that they were being pushed into it.
Commissioner Pond was concerned about commercial development around the
interchange. He felt that something needed to be done if there was going to be more
commercial development.
Commissioner Wallace moved that the Planning Commission adopt the following
Resolution:
BE IT RESOLVED that the Planning Commission recommend to the, Board of
County Commissioners that the Fort Collins GMA Overlay Zone District, file #05-
Z1544, be applied to the geographic area as shown on Map 1 dated February 1,
2005 and that the effective date of the GMA Zone District boundary change shall be
the approval date of the amendment to. City Structure Plan for this GMA Zone
DISCUSSION:
Commissioner Korb stated that he was not sure there was a need for the change and/or as
much change. He asked what the motivation was for the City of Fort Collins to bring the
proposal forward now?
Mr. Waido replied that many agreements had been put in place that indicated that the
Cooperative Planning Area should be in the Fort Collins Growth Management Area and
eventually annexed into the City. Along with that, the City Planning Staff was given
direction by the City Council to move forward on pursuing a GMA expansion for the
specific area.
Chairman Morgan asked for clarification on the City's ability or inability to participate in
public facilities such as the I-25 Interchange.
Mr. Waido replied that in the City Plan policy encouraged City partnerships among
CDOT, Federal Highway Administration, and private interests to build new and/or
improved existing interchanges, overpasses, or underpasses on I-25 to increase mobility.
Nonetheless, it did not commit the City to financial participation on interchange
improvements.
Chairman Morgan remarked that there were inadequate public facilities in that area, and
the land uses needed to support the development costs that would be necessary in order to
create the facilities that would make the intersection work. He was concerned that an
agreement needed to be in place acknowledging how the City would participate in
financing mechanisms that would allow the particular interchange to be fixed. His
concern was that applications that came in to the County for development in that area
would not meet the adequate public facilities requirements. It would be hard to move
forward in a development application, whether it was in the County or the City, because
there were inadequate public facilities issues. He was struggling with whether to go
forward with the GMA expansion or table the proposal in order to figure out what would
be the mechanism to fix the underlying structural problems before the expansion
proceeded.
Commissioner Boulter felt that a cooperative effort was needed to solve the issues. The
interchange was a community issue which affected people's lives and economic value of
property. He was not comfortable going forward with the expansion when there was. an
adversarial effort and not a cooperative effort.
Commissioner terMeer remarked that there were previous commitments that needed to be
fulfilled. She felt that cooperation was lacking because land owners did not want to deal
with the City's stricter rules. She stated that she was for the GMA expansion.
Commissioner Korb remarked that approval of the GMA boundary change should also be
subject to negotiation between the County and the City with respect to the zoning and the
uses in that zoning. He urged that the property closest to I-25 be zoned Commercial with
yz
Kathy Hawkins,'South Fort Collins Sanitation District, pointed out that bringing the
sanitation district into the new GMA boundary would bring their treatment plant under
the rules of the City of Fort Collins, which they did not feel was necessary.
John Barnett, John Barnett & Associates, represented Steve Prado. He announced that
there were five things that the property owners needed in order for them to in support of
the GMA change. Those items included: 1) an appropriate phasing plan and strategy for
the redevelopment of the I-25/Hwy 392 Interchange be generated, 2) permitted land uses
that when implemented would generate sufficient revenue that would help to offset the
additional burden that would be placed on properties due to the development in the area
caused by the interchange redevelopment, 3) natural resource regulations, which did not
preclude adequate and full development of the property, 4) financing strategies such as
urban renewal authorities, improvement districts, metro districts, or direct public
expenditures on infrastructure in the area, and 5) an agreement that included the property
owners as a part of the agreement itself encompassing all of the above, which would be
signed by the municipality who would choose to annex the area, the landowners, and the
County. He pointed out on a map the proposed relocation of the frontage road. He
explained that the relocation would increase the spacing between all of the on/off ramps
and all of the traffic signals. He felt that there would not be public resources to
reconstruct new ramps, and therefore financing mechanisms needed to be put in place to
help the development pay for the improvements. He stated that the whole area needed to
be zoned commercial and there needed to be flexibility in the development of the area so
that it could be developed in ways that could support the redevelopment of the
interchange. He also remarked that a rational land use plan permitting intense land uses
necessary to generate the revenues to address public facilities concerns should be in place
by the City, County, and land owners prior to expanding the GMA so everyone had clear
expectations. He stated that many of the properties were surrounded by wetlands and
setbacks from Swede Lake and Fossil Creek Reservoir. He urged that the wetlands be
regulated as required by Section 404 of the Clean Water Act but recommended that the
setbacks from Swede Lake and Fossil Creek Reservoir not be applied to -the lands in the
area because they were located below and hydrologically separate and there was no real
valuable wildlife habitat. Also, natural. resource regulations that did not preclude full
development of the properties in question were essential and must be agreed upon.
Finally, he noted that financing strategies were essential to upgrading the interchange.
He stated that the five previous points mentioned all had to be agreed upon by the land
owners, the City, and the County before the property owners would approve the GMA
expansion moving forward. He asked that
the Planning Commission not recommend approval of the GMA boundary line change,
but be tabled so the five above points could be worked out between the property owners,
City, and County.
41,
densities be completed and adopted by the City of Fort Collins prior to the effective date
of the zone change. He explained that the recommendation would provide clarity to
developers, landowners, and staff regarding ultimate jurisdiction authority in the area. In
addition, the effective date of the recommendation had two results; it did not require
annexation to the City prior to land use issues being finalized, and it did permit applicants
to apply for development under the existing rules and regulations of the CPA Zone
District. He also stated that the repeal of the Cooperative Planning Area Overlay Zone
designation andsupplemental regulations for the area should become final on the
effective date of the zone to the GMA. Ultimately, Staff was recommending approval of
the expansion of the Fort Collins GMA Overlay Zone District, the repeal of the County
Land Use Code Section 8.9.3 (in its entirety), and the removal by zone change of the
Cooperative Planning Area Overlay Zone District from the area.
Commissioner Korb asked for clarification on the effective date.
Mr. Legg said the effective date would be when the revision to structure plan were
approved by the City of Fort Collins. There was an opportunity by the County to review
the conditions of the rezoning at any time. He noted that the City of Fort Collins' Staff
was committed to move forward expeditiously.
Commissioner Korb asked if the City of Fort Collins was in agreement of the Motion
proposed by Larimer County.
Mr. Waido replied yes. He stated that the approval of the GMA boundary was critical for
the land use planning process. If would send a clear message to the property owners that
they would be in the Fort Collins GMA, and the City would need to work with them on
amending the land uses within the structure plan.
Commissioner Wallace asked how many property owners would be affected by the GMA
change?
Mr. Waido replied approximately 36.
PUBLIC TESTIMONY:
Jeff Couch, Team Engineering, represented property owners Mary and Terry Van Cleave
and Kirk Dimik. He stated that their request was to leave the GMA boundary line where
it currently was. He commended the cities for their work on the Intergovernmental
Agreements and they agreed that what Fort Collins had done was allowed according to
those agreements. However, the property owners were concerned with the Fort Collins
interchange improvements. At the City's Planning and Zoning hearing they were told by
Staff that Fort Collins could not participate in the I-25 interchange. Also, at the Fort
Collins City Council worksession they were told that the intent of Fort Collins was to
create open space in that area and preserve the vistas. Along with that it was found that
Fort Collins did not provide and would not provide any services to that area. He stated
that Windsor and Loveland had closer fire and police to the area than Fort Collins. He
reinforced that the GMA boundary line not be changed.
LARIMER COUNTY PLANNING COMMISSION
Minutes of June 15, 2005
The Larimer County Planning Commission met in a regular session on Wednesday, June
15, 2005, at 6:30 p.m. in the Hearing Room. Commissioners' Boulter, Korb,
Oppenheimer, Pond, terMeer, Waldo and Wallace were present. Commissioner Morgan
presided as Chairman. Commissioner Huddleston was absent. Also present were Russ
Legg, Chief Planner, Rob Helmick, Principal Planner, David Karan, Planner II, Matt
Lafferty, Senior Planner, Geniphyr Ponce -Pore, Planner I1, Traci Downs, Engineering
Department, Doug Ryan, Environmental Health, and Jill Albracht, Planning Technician
and Recording Secretary.
ITEM #4 FORT COLLINS GMA EXPANSION #05-Z1544 COOOPERATIVE
PLANNING AREA OVERLAY ZONE DISTRICT REPEAL #05-Z1543
AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE #05-CA0055:
Mr. Legg introduced the proposed request to expand the Growth Management Area
Overlay Zone District, remove the existing Cooperative Planning Area Overlay Zone
District from the property adjacent to the Fossil Creek Reservoir, and amend the Larimer
County Land Use Code by repealing Section 8.9.3 (Supplementary Regulations for
Cooperative Planning Areas).
Ken Waido, City of Fort Collins Advanced Planning, provided background information
on the request to expand the Growth Management Area Overlay Zone District and
remove the existing Cooperative Planning Area Overlay Zone District from the property
adjacent to the Fossil Creek Reservoir. He explained that the proposal sought to change
the Growth Management boundary to incorporate the Fossil Creek Cooperative Planning
Area into the City of Fort Collins Growth Management Area. He remarked that the
change would help to implement several plans that were mutually adopted by the City
and Larimer County including the Fossil Creek Reservoir Area Plan, the plan for the
region between the City of Fort Collins and the City of Loveland, and the I-25 Regional
Corridor Plan. He noted that it was an attempt to comply with a whole serious of
Intergovernmental Agreements. He mentioned that the GMA boundary amendment had
been heard and approved by the Fort Collins Planning and Zoning board as well as the .
City of Fort Collins City Council. he pointed out on the map where the existing GMA
boundary was and also explained why the new proposed boundary line was modified as
shown on the map.
Mr. Legg presented the Larimer County Planning Staff s recommendation regarding the
proposal, which was that the proposed enlargement of the Fort Collins GMA and the
GMA Overlay Zone District met the review criteria for such actions and carry out the
intent of the Larimer County/City of Fort Collins Intergovernmental Agreement. He
explained that due to Section 4.2.1.B.3.c of the Larimer County Land Use Code Staff was
recommending a condition that if the GMA expansion was approved the expansion would
not be effective until the City of Fort Collins had the opportunity to amend their Structure
Plan after discussions with the property owners in the area. Therefore, the County Staff
recommended that the discussions regarding changes to the land use designations and
J�
PLANNING COMMISSION
MINUTES
FROM
JUNE 159 2005
Figure 1 illustrates examples of parcels with and without "any contiguity" with the
City for the purposes of this Agreement. (Note: "Any contiguity" in such instances
t j does not need to be 1/6s' contiguity as defined in Colorado Revised Statutes)
• Parcel A has contiguity at a point.
• Parcel B has contiguity along a portion of its perimeter, even though separated
by a body of water.
Parcel C dees not 'havb contiguity
• Parcel D has contiguity because existing right-of-way does not affect
cor#iguity.
• Parcel E has contiguity at a point because existing right-of-way does not affect
contiguity:
3 .4 In the case of bands wither:##ia QMA that aro%nRt fligiblf3`, or annexation apd forwhich
the owner(s) have submitted an application identified in 3.3.3 above, or an
application for a Site Plan or Minor Land Division, the 6bunty wil lequire a binding .
annexation agreement as a condition of approval. The Loveland City Attorney and
the Larimer County Attorney shall approve the standard form of the annexation
agreement.
3.3.5 The City shall promptly forward to the County minutes from the meeting of. the City
Council regarding the denial of any annexation petition in the GMA. If the City denies
an annexation petition, the County shall process the development proposal
:according to the requirements of the .GMA Overlay Zone District, and will require a
bixlmg annexation agreement a;`a�,condition of approval.
t' 3.3.6 The City will not annex into.a Gtowth Management Area, Cooperative Planning �---
Area, or other comparable planning area of another municipality if such area is
officially recognized in. an intergovernmental agreement with Larimer County,
unless: (i) Loveland has an intergovernmental agreement with that municipality
that provides for Loveland to annex into the Cooperative Planning Area; or (ii) the .
land to be annexed by Loveland has been disconnected from another- .
municipality. ' Larimer County shall use reasonable efforts to involve Loveland in
the development of any intergovernmental agreements with other municipalities,
which affect growth management and growth boundaries and Cooperative
Planning -Areas. Larimer County shall not enter into an intergovernmental
agreement with another municipality to officially recognize a Growth
Management Area or Cooperative Plapning Area or other comparable planning
area of another municipality where such area encroaches into the Loveland GMA
as depicted by Exhibit 1 of this Agreement, Loveland will use reasonable efforts
to reach.' intergovernmental agreements with other municipalities to such effect in
order to manage conflicts conceming appropriate growth areas and municipal
boundaries.
3.3.7 To the extent permitted by law, the City will not annex property north of County Road 4"
30 unless the County either requires the landowner to petition for annexation or
requests that the City consider annexation. The foregoing limitations on annexation
shall not apply to the annexation of publicly owned open space, trails or parklands. .
9
34-
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THE CITY OF FORT
A Municipal Corporat
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MPCOLORADO
APPROP#TD AS TO FORM:'
Pity 4ttom�ey
OF Lo THE CITY OF LOVELAND, COLORADO
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nicV,Corporation
B
IsbAL - Mayor
City Clerk
APPROVED AS TO FORM:
k7c"
City Attorney
ATTEST:
Town Cjtrk—?L/7
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FORM:
THE TOWN OF WINDSOR, COLORADO
A Municipal Corporation
By:
Mayor
1 '61
SEAL
Page 3 of 4
WHEREAS, under the authority granted by said Title 29, Article 20, Colorado Revised
;)Statutes, a number of meetings were held among Fort Collins, Loveland, Windsor, Timnath, and
Larimer County with the intent of reaching agreement as to municipal annexations in the Fort
Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir, and .
WHEREAS, pursuant to said meetings, the parties have agreed.as provided hereafter.
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. ANNEXATION IN THE FORT COLLINS COOPERATIVE PLANNING AREA. The parties dd�-a
agree that no municipal annexations shall occur within the Fort Collins Cooperative Planning Area
described on Exhibit "A" except annexations to Fort Collins.
3. COUNTY SUPPORT. The County agrees to oppose, by such means as it deems „ $`
appropriate, any annexation into any incorporated town or city except as is authorized_ in paragraph
2 above.
4. ENFORCEMENT/BINDING EFFECT. This Agreement shall be binding upon the
parties and their representatives, successors and assigns, and may be specifically enforced in any
court of competent jurisdiction.
5. TERM/TERMINATION. This Agreement shall remain in force and effect for a period
of ten (10) years from the date of its execution. Thereafter, it shall be automatically renewed for
successive five (5) year terms unless at least six (6) months prior to scheduled expiration, any party
should notify the other parties of its decision that the Agreement not be renewed.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
Page 2 of 4
NO
INTERGOVERNMENTAL AGREEMENT
(Regarding Annexations in the. Fort Collins Cooperative Planning Area Adjacent to Fossil 4'
Creek Reservoir)
THIS AGREEMENT, is executed this 28th day of _ June 1999, by and between
LAR aR 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", THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation, hereinafter referred to as "Fort Collins", THE CITY OF LOVELAND, a
municipal corporation, hereinafter referred to as "Loveland", and TIME TowN of wINnSOR, a Colorado
statutory town, hereinafter referred to as "Windsor".
WITNESSETH:
WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased
coordination among 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 said 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
J
Exhibit A City of Fort Collins
Cooperative Planning Area
Adjacent to Fossil Creek Reservoir
1 0 1 Mlles
. fV Approximate Street Location
/V Streets
/V CityLimits
Uga Boundary
Cooperative Planning Area
Water Features
55-
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
THE CITY OF FORT
A Municipal Corporat
0
AS TO FORM:
THE COUNTY OF L R, COLORADO
EAR,
�c • . � BY• ��� L ii.. ��� ��
ChJ*, Board of Commissioners
AM OCpRAO
i
Deputy Clerk and ecorder
AS TO FORM:
County
Page 4 of 4
Viz.
5. GENERAL ND LAM
AUSES. 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 often years
from the date of its execution. Thereafter, itshall 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 aprovision.ofthe 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. SEVERABmrrY. 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
Ni
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 OFTHE FORTCOLLINS COOPERATIVE PLANNINGAREAADJACENTTb
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 (21) 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 1TE 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 Larimer
County Urban Growth Area Supplemental Regulation:
a. All Resource Management Area regulations as contained on pages on I-18 and
I-19 of Appendix I.
b. All Natural Areas and Features Regulations commencing on page I-57 and
concluding on page I-67 of AppendixI.
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
j
INTERGOVERNMENTAL AGREEMENT
(Regarding Development in the Fort Collins Cooperative Planning Area
Adjacent to Fossil Creek Reservoir)
THIS AGREEMENT, is executed this 31 day of Ail a 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 bf 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
Crespective 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-M,
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
LC .
A.3. Port Collins City Plan Principles and Policies
Policy LU-4.5 Priority Subareas. The following areas have been identified as
priority for future subarea planning:
• 1-25 Corridor
• Community Commercial District and Vicinity
Summit View/Mountain Vista
• Campus West Community Commercial District
• CSU Campus District — Foothills Campus
• East Mulberry Corridor
• Fossil Creek Reservoir Area
• South College Corridor
• Foothills
• Poudre River Corridor
• West Central Neighborhoods
PRINCIPLE ENV 5: Natural habitat/ecosystems (wildlife, wetlands, and riparian areas) will be protected and enhanced within the developed landscape of Fort
Collins.
Policy ENV-5*1 Protection and Enhancement. The City will seek to integrate
wildlife habitat, riparian areas, wetlands and other important natural features into
the developed landscape by directing development away from sensitive areas and
using innovative planning, design, buffering, and management practices. The City's
regulatory, powers will be used to preserve, protect, and enhance the resources and
values of natural areas by directing development away from sensitive natural features
such as wetlands, riparian areas and wildlife habitat. When it is not possible to
direct development away from natural areas, these areas will be protected in the
developed landscape.
Policy GM-1.3 Cooperative Planning Area Boundary. The City will collaborate
with Larimer County to explore establishing a Cooperative Planning Area boundary.
The objective of the Cooperative Planning Area is to preserve opportunities to
expand the supply of buildable land for urban purposes within the'City, when the
Community Growth Management Area boundary is filled in. The decision to expand or not expand into these areas shall be as part of a comprehensive update of City
Plan. In the interim, new residential development in the Cooperative planning Area
should be permitted as clustered development, so that large parcels of land may
remain for future urban development, as well as forming an edge to the community.
"Future urbanized area development standards" will be prepared to apply to all new
development within the Cooperative Planning Area in order to ease the transition of
Page 46 Appendix A o iry Plan Principles 6 Policles
Fossil Creek Reservoir Area Plan
/j cooperative planning
P p g arrangement (via intergovernmental agreement) between the
municipality and Latimer County. Each municipality will have its own CPA, and.no
municipality's CPA should overlap that of another municipality. Any planning in the
CPA should be done jointly by the municipality and the County. It is intended that
rural development in the CPA proceed, but in a manner that does not preclude or
Jeopardize urbanization when and if it becomes part of the municipality's GMA.
Another principle behind the CPA ideas is that if each municipality would identify its
own CPA, the potential for "annexation wars" would diminish. For this reason, the
south portion of the Fossil Creek Reservoir planning area is shown in the Fossil
Creek ReseftoirArea Plan to be in the Fort Collins CPA.
The northwest and. southwest cornets of County Road 32 and I-25 have a statement
on the Plan map indicating that when development is proposed in these areas then a
unified development plan is encouraged, but not required, to be submitted for the
development parcel and all other parcels in the designated areas north of County
Road 32 or south of County Road 32. The objective of the overall development plan
requirement is to achieve coordinated site planning of water and sewer
infrastructure, internal road circulation/access to the frontage roads and potential
land use relationships. The Plan should be at the concept level and would not
depend upon detailed engineering. This submittal will enable the applicant,
surrounding property owners and review agencies supplying infrastructure an
(J improved opportunity to coordinate planning efforts, achieve infrastructure cost
economies, and insure efficient transportation circulation to serve potential land
uses. These areasa are included in the Larimer County TDU "Sending Area" and land
owners are encouraged to participate I that program.
FC-1-7 Larimer County will establish a Transfer of Density Units (MU) program for
the Fossil Creek Reservoir planning area. The receiving area for this program will. be
entirely within the Growth Management Area portion of the planning area, while the
majority of the sending area sites will be: located outside the planning area in the
region between the cities of Fort Collins and Loveland. The TDU program and
supporting maps for the planning area will be established through the adoption, by
Larimer County, of a Fossil Creek Reservoir Area TDU regulation.
J Page 42
Chapter 6 o Implementation
2%-
cxisung platted tot, the E-Estate designation establishes the density and standards at
which that redevelopment could occur.
FC-I-2 Areas north of County Road 36 and west of County Road 11 are designated
for a density of between 5 to 12 units per acre, and are required to annex prior to
development. If one of these properties was not eligible for annexation, the County
will process the application in accordance with density and development standards
effecting the area.
FC-I-3 Areas east of County Road 7 and west of I.25 designated as FA-1 zoning are
required to cluster at rural conservation development standards, as outlined in the
Iarimer County Master Plan.
FC-I-4 Activity or development in the Resource Management Area shall meet the
Natural Area Resources Management Plan requirements.
FC-I-5 The balance of the planning area south of County Road 36 and east of County
Road 11 shall remain under current County zoning of FA-1 Farming (TDU Receiving
Area)- The City will not annex these areas until development has occurred at Plan
densities and standards by utilization of lthe proposed TDU Program. In the interim,
development policies and proposal regulations shall require development proposals
to meet the following standards:
FC-I-5.1 The maximum number of units which may be developed are based on
the underlying zoning and are calculated as follows: Total number of acres, less
areas in designated flood ways, divided by minimum lot size for the applicable
zoning classification.
FC-I-5-2 All dwelling units must be located in clusters on the site such that the
cluster is consistent with the planned densities and standards specified in the
Land Use Framework Plan and development regulations for the FossiL Creek
Reservoir Area. The residual area of the development not in the cluster must be
designated as a future development area.
FC-I-5.3 The designated future development area could further be developed to
Planned densities and standards upon adoption of a Transfer of Density.Unit
Program Land Regulation by Larimer County.
FC-I-6 According to the County's Master Plan, a Cooperative Planning Area (CPA) is intended to be the area which. is beyond a munidpality's Growth Management Area
(GMA) but which could conceivably be annexed in the long term. The CPA is a
Chapter 6 0 Implementation
Page 41
Lgr/Hrr C40-laV I Fr, .ra A
Z I NOV. / ZOOO
developer to make certain improvements to County roads outside the City limits. If improvements
are to be made to County roads outside the City limits, the City agrees to send plans of said
improvements to the Larimer County Planning Department and Larimer County Public Works
Department for review and comment. The City also agrees to provide routine maintenance and
inspection of all such public infrastructure improvements (whether on or off the development site)
which, but for the design requirements established in the Larimer County Land Use Code for large
retail establishments and for the Fossil Creek Area, would not have been required by Larimer County
Urban Standards. (Examples of such improvements may include transit facilities, bicycle lanes, or
parkway/median landscaping.)
10. Collection of a Park Fee for the GMA Zoning District. The County shall collect a
community and neighborhood park fee -in -lieu -of -land dedication from all residential development
located within, the GMA at the time of issuance of applicable building permits. The County shall
remit this fee to the City to be used to benefit residents of the area where it is collected.
11. Collection of a Drainage Basin Fee for the GMA Zoning District. Pursuant to Title
30, Article 28, Section 133 (11), Colorado Revised Statutes and Section 9.2.4 (Imposition of
Drainage/Storm Water Facility Fees, of the Larimer County Land Use Code), the County shall collect
a drainage fee at the time of issuance of applicable building permits for improvements on lands
located within the GMA in the same amount as the basin fee collected by the City of Fort Collins
within the City limits. Such fee shall be used for Drainage Capital Improvements within the basin
from which the fee was collected. Drainage improvements shall be consistent with the current
Drainage Basin Master Plans and project scheduling shall be mutually agreed upon by the City and
County. The drainage fee shall be reviewed annually by the County and any needed modifications
shall be made to Section 9.2.4 of the Larimer County Land Use Code.
12. Amendments to the GMA Bound aa The City and County agree that any
E
ents to the GMA Boundary shall be mutually agreed upon in writing by the parties. Theshall implement such amendments in accordance with the procedures and requirements for
ents to zoning district boundaries outlined in the Larimer County Land Use Code.
13. Enforcement. Both the City and County intend that this Agreement be binding upon
them. Either party hereto shall be permitted to specifically enforce any provision of this agreement
in a Court of competent jurisdiction.
14. 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 notifies the other party,
in writing, of its decision that the Agreement not be renewed.
w°
t i i
annexation into Fort Collins would only place their properties under what they perceive
as the City's "no growth" philosophy.
• Questions on the timing and the need to complete the amendment in the
immediate future
The owners are concerned about the timing of the amendment. The owners want more
time to discuss their issues and concerns. Of course, the requested delay could be a ruse
to allow the owners to have more time to work with other jurisdictions about annexation
and convince Larimer County to abandon the IGA requirement for annexation into Fort
Collins.
j Fossil Creek CPA should be annexed into Fort Collins. Staff also knows that Loveland
has expressed some interest, but at this point, seems to be willing to honor the
intergovernmental agreements.
From the landowner's perspective, annexation into Fort Collins would provide them no
benefits and would only make development of their properties more difficult. Their
opposition is based on the following issues and concerns:
• City.Land Use Code Natural Area/Wet Land Set Back Requirements
The owners believe the City's LUC requirements are unreasonable; especially regarding
some wet lands that were caused by inadequate drainage systems that were put in place
when roads were constructed (i.e., culverts were installed that were too small to allow
water pass through eventually leading to back ups that created a "wet land") versus
natural wet lands that are part of a stream corridor.
There is also the belief that the ability to propose modifications to City standards is too
limited and/or the mitigation requirements are too strict and expensive.
The owners were told the City's Natural Resources Department was going to investigate
and analyze. wet lands to see if certain differentiations were warranted and possibly make
changes to the standards within the LUC. However, the project is not on an immediate
( work plan for the Department.
The property -owners apparently believe they would fare better with their development
plans if they were to annex into another jurisdiction.
City's policy not to financially participate in needed I-25 interchange
improvements
The Carpenter Road and State Highway 392 interchange on I-25 needs to be upgraded.
Without a new interchange, further development at the intersection is severely limited if
not outright prohibited. The City's policy not to participate financially in any interstate
interchange improvement is of concern to the owners, but perhaps of greater concern is
the City's possible opposition to the establishment of other potential funding .
mechanisms, such as a special improvement or metro districts, the use of tax increment
financing, etc.
The property -owners apparently believe they would fare better with their development
plans if they were to annex into another jurisdiction.
Fear that annexation would not be a step toward development but a step towards
delaying development
Again, the property -owners apparently believe they would fare better with their
development plans if they were to annex into another jurisdiction. The owners fear that
.�
1. The proposed boundary amendment will require updating the map (Exhibit 1
in the IGA) showing the new GMA boundary as per the Fossil Creek CPA
amendment.
In order to become an official amendment to the IGA the boundary change must be
approved by both the City Council and the Larimer County Board of Commissioners.
PLANNING AND ZONING BOARD RECOMMENDATION
At their regular monthly meeting on June 17, 2004, the Planning and Zoning Board voted
5-0 to recommend approval of the Fossil Creek CPA GMA boundary amendment.
During public input at the June 17 meeting, two property owners within the Fossil Creek
CPA indicated their properties were divided by the GMA boundary as proposed by staff.
In one case (the Van Cleave property), the .proposed GMA boundary divided .the
ownership into a 35+ acre (in) portion and a 5 acre (out) portion; while in the other case
(the Lemaster, Wortley, Skogan property), the proposed GMA boundary divided the
ownership into a 40 acre (in) portion and an 80 acre (out) portion. It was not the intent of
the staff s proposed GMA boundary to divide properties under single ownership. The
Planning and Zoning Board's recommendation was to include the 5 acres, along with the
balance of 35+ acres, of the Van Cleave property within the GMA boundary and. to
exclude the 40 acres, along with the balance of 80 acres, of the Lemaster, Wortley,
Skogan property from the GMA boundary amendment. Staff supported the Board's
recommendation.
FORT COLLINS CITY COUNCIL
At their regular meeting on March 15, 2005, the Fort Collins City Council voted
unanimously to approve of the Fossil Creek CPA GMA boundary amendment, authorized
the Mayor to sign a revised IGA with Larimer County, and forward the issue to the
County for their decision.
The Council also directed staff to work with property -owners and developers regarding
appropriate uses of land in the expansion area. Staff has started meeting with the
interested parties.. The eventual results of these meeting may be amendments to the land
use designations on the City's Structure Plan map.
Propeqy Owner Qpposition
The property owners within the Fossil Creek CPA appear entrenched in their position that
they do not want to be included in the GMA and eventually annexed into Fort Collins.
These property -owners apparently believe they would fare better with their development
plans if they were to annex into another jurisdiction, with Loveland or Windsor being the
obvious options. Staffhas learned that some owners have contacted Loveland regarding
potential annexation and they have approached Larimer County to see what the County's
position would be about such annexation in relationship to the IGA which indicates the
A) -
District. In fact, the sanitation district's wastewater treatment plant is located within the
CPA adjacent to Fossil Creek Reservoir.
The current I-25/SH 392/Carpenter Road interchange has serious capacity_ problems; staff
is not sure how the lack of capacity at the interchange would affect the County's review
of future development proposals in and around the interchange. This is a significant issue
for Windsor, which has annexed all properties located east of the interchange and has
permitted commercial development in the area. The updates to City Plan and the Master
Transportation Plan .contain Policy T-1.9 that indicates that the City of Fort Collins will
encourage .partnerships among CDOT, the Federal Highway Administration, and private
interests to improve existing interchanges (the policy does not commit the City to
financially participate). Windsor is aggressively exploring ways to convince the North
Front Range MPO and the Colorado Department of Highways (CDOT) to elevate the
"Windsor interchange" in capital improvement program rankings for funding. CDOT is
also exploring with the City and County the transfer of Carpenter Road as a Regionally
Significant Corridor to the State system which may help elevate the State and regionally
priority of needed improvements to both the roadway and the interchange. Carpenter
Road is designated as a future 6-lane arterial on the City's Master Street Plan, but is built
to 2-lane County road standards. If annexed, development along Carpenter Road will be
required dedicate additional right-of-way, improve the street, and pay impact fees for
additional widening.
The proposed amendment would offer a desirable new "edge" to the community.
As anticipated in the Fossil Creek Reservoir Area Plan's implementation strategies,
extending the GMA to include the CPA would create a desirable edge to the community.
The existing boundary to be extended is contiguous to existing developed areas of
the City of Fort Collins. The proposed amendment would contribute to the compact
urban form of the city.
The Fossil Creek CPA is contiguous to existing development in the city limits, according
to Section 3.7.2 Contiguity of the City's Land Use Code. According to Section 3.7.2, .
contiguity to existing development is not affected by publicly owned open space or a
lake/reservoir. The CPA is thus adjacent to developments, such as Westchase, located
north of Fossil Creek Reservoir.
IGA Amendments
In 1980, the City of Fort Collins and Larimer County entered into an Intergovernmental
Agreement (IGA) for the Fort Collins Urban Growth Area (UGA). The agreement
established a united, cooperative planning effort towards development goals and policies
for the effective management of development in the Fort Collins urban area. The last
time the IGA was amended occurred in November 2000. As a result of the proposed
i GMA boundary amendment the following change to the agreement need to be made.
The proposed amendment is necessary to accommodate an activity that cannot be
reasonably accommodated on lands within the existing GMA boundary.
There are five entry corridors into Fort Collins from I-25. From north to south they are:
Mountain Vista Drive, Mulberry'Street, Prospect Road, Harmony Road, and Carpenter
Road. The Structure Plan designates three of them for commercial development:
Mulberry, Prospect, and Carpenter. One is almost fully developed (Mulberry), leaving
two (Prospect and Carpenter) remaining available for future commercial development.
The 1-25 Subarea Plan, an element of City Plan, identifies the Prospect interchange as an
"activity center" which will be encouraged to develop with a mix of uses, including
residential. While Prospect will also likely be the location for some highway oriented
commercial development, outside of Mulberry, the community does not have an area that
can offer location attributes.to serve the regional retail market and traveling public on I-
25. Thus, staff recommends the CPA area should be added to the GMA to provide for
certain types of commercial uses that cannot be accommodate, nor perhaps should not be
accommodated, in other parts of the GMA.
The land proposed for inclusion in the GMA. contains environmental resources or
hazard constraints that make it unsuitable for its proposed use.
The properties immediately surrounding Fossil Creek Reservoir are a very important
environmental resource for the community. Maintaining a separation of the Fort Collins
and Loveland urban areas is also a very high priority of the two communities and the
County. The City and County have acquired, or otherwise preserved, a significant
portion of the open spaceand natural areas within the CPA. Additional public
purchases/preservations are likely in the future. There are also some important wetlands
that will remain privately owned, for example, on the west end of the horse farm property
on the southwest corner of the I-25 interchange.
One reason for amending the GMA boundary for the CPA is to set the stage for eventual
annexation of property into Fort Collins. This would allow the City to apply to the
remaining privately owned properties its specific environmental .protection development
regulations contained in the Land Use Code. Development will eventually happen in the
CPA. Applying City regulations will protect the natural environment. There are no
specific environmental or hazard constraints that would prohibit development of the area.
The proposed amendment would result in a logical change to the GMA. Factors to
be included in making this determination will include, but not be limited to, the
following:
The proposed amendment would allow for the logical, incremental extension of
urban services.
Water service is available throughout the CPA from the Loveland -Fort Collins Water
} District, and sanitary sewer service is available from the South Fort Collins Sanitation
1
Staff is convinced that it is just a matter time before commercial development occurs
adjacent to the I-25/SH 392/Carpenter Road interchange. Since development will likely
be "urban" in nature, Larimer County staff has indicated they would like the area to
develop inside of a city's jurisdiction. Therefore, staff believes the main issue becomes
not. one of "if' development occurs, but one of "when, where, and how" such
development takes place, either in Fort Collins, or in Windsor or Loveland. Amending
the GMA boundary to include the CPA at this time would solidify the City's claim to and
control of the area as initially established in the Fossil Creek Reservoir Area Plan and
subsequent intergovernmental agreements.
The Structure Plan's land use designations for the Fossil Creek CPA include
approximately 40 acres. of Employment District and approximately .90 acres of
Commercial Corridor District adjacent to I-25. These areas would be zoned E,
Employment, and C, Commercial, respectively upon annexation into the City. The
balance of the area contains City and County open space/parks and a portion of the Fort
Collins -Loveland Community Separator. The privately -owned properties in the separator
would be placed into the RR, Rural Residential District upon annexation. The publicly
owned properties would be placed into the POL, Public Open Lands District upon
annexation.
Annexation of this area into the City would allow the City to apply its street standards,
including right-of-way dedications, as well as collecting the full range of City impact
fees.
Staff does not have exact figures, but intuitively would expect the approximately 40 acres
of Employment District and approximately 90 acres of Commercial Corridor District to
generate impact fees and tax revenues to more than adequately cover the costs of
necessary public services and facilities to those employment and commercial uses'and the
very low density residential development that is likely to happen in the CPA. Included in
the City services to be provided to the area after annexation are police and road
maintenance services. Water and wastewater utilities will be provided by the Loveland -
Fort Collins Water District and the South Fort Collins Sanitation District respectively.
The Police Department has a standard that indicates 400 housing units generate the need
for an additional police officer. Assuming all. of the parcels designated as Rural Lands
and Community Separator available for residential development in the CPA develop as
residential clusters with a density of 1 unit per 2.29 acres, the area would produce. about
160 units, or about the need for .4 of a police officer. Certain commercial uses, such as
bars, create a higher demand for police services than other commercial uses.. While the
future commercial and employment uses . will add to the need for additional police
services, staff finds they would not be of the types that would create the high demands for
those services.
Therefore, staff concludes the CPA GMA boundary amendment would have a positive
i net fiscal benefit to the community.
fa
j The expansion area, when annexed, will be subjected all of the urban service provision
requirements of the "Adequate Public Facilities (APF)" criteria contained in the City's
Land Use Code. Water service is available throughout the expansion area from the
Loveland -Fort Collins Water District, and sanitary sewer service is available from the
South Fort Collins Sanitation District.
The current I-25/SH 392/Carpenter Road interchange has serious capacity problems.
This is a significant issue for Windsor, which has annexed all properties located east of
the interchange and has permitted commercial development in the area. Windsor is
aggressively exploring ways to convince the North Front Range MPO and the Colorado
Department of Highways (CDOT) to elevate the "Windsor interchange" in capital
improvement program rankings for funding. CDOT is also exploring with the City and
County the transfer of Carpenter Road as a Regionally Significant Corridor to the State
system which may help elevate the State and regionally priority of needed improvements
to both the roadway and the interchange. Carpenter Road is designated as a future 6-lane
arterial on the City's Master Street Plan, but is built to 2-lane County road standards: If
annexed, development along Carpenter Road will be required dedicate additional right-
of-way, improve the street, and pay impact fees for additional widening in the future.
Other urban services (police, parks, etc.) will be provided typically through the payment
of impact fees and developed according to the City's mater plans for such services and
facilities. Fire protection•will be provided by the Poudre Fire Authority.
City of Fort Collins GMA Amendment Criteria
City Plan Policy GM-1.2 of City Plan establishes a set, of criteria to be considered in
reviewing proposed GMA amendments. These criteria are presented below along with a
City staff analysis addressing each criterion.
The proposed amendment is consistent with community goals, principles, and
policies as expressed.in City Plan.
The initial version of City Plan (1997) contained the policy basis for establishing CPAs.
The Fossil Creek Reservoir Area Plan's Policy FC-1-6 established the concept for this
CPA as an area beyond the GMA which could conceivably be annexed into Fort Collins.
One key principle for the CPA was to avoid "annexation wars" between Fort Collins and
the other surrounding communities. Staff believes adding the Fossil Creek CPA into the
GMA boundary would complete the fulfillment of policies and intergovernmental
agreements initiated in the Fossil Creek Reservoir Area Plan.
The CPA is designated for a mix of commercial, rural lands, public open lands, and
community separators on the City's Structure Plan, Inclusion of the area in the GMA and
its eventual annexation will provide the City with much greater assurance that City Plan's
vision for the area is successful.
{ i
The proposed amendment has a positive net fiscal benefit to the community.
)3_=
a. There is an intergovernmental agreement with the adjacent municipality
pertaining to a growth management area and the GMA district is intended to
implement the agreement;
As indicated above, in 1999, the City of Fort Collins and Larimer County signed an
Intergovernmental Agreement establishing the Fossil Creek Cooperative Planning Area
(CPA). The objective of the CPA was to preserve opportunities to expand the supply of
buildable land for urban purposes within the city through eventual annexation. Also, in
1999, a series of Intergovernmental Agreements involving the Cities of Fort Collins and
Loveland, the Town of Windsor, and Larimer County formally agreed to recognize the
Fossil Creek CPA as being a logical extension of the Fort Collins GMA boundary and
leading to eventual annexation of the area into Fort Collins.
b. The area within the GMA district boundary is expected, by the parties, to be
annexed within the time frame anticipated by the municipality's comprehensive
plan;
Fort Collins' City Plan, the City's Comprehensive Plan, recently updated in May 2004,
anticipates the annexation of the areas within the GMA. The County will be the key
player in the City's annexation of property within the expansion area by not accepting
development proposals on properties that have contiguity to the Fort Collins city limits.
The City can not just unilaterally start annexing property in the expansion area. There
have been discussions between City and County staff regarding the annexation of the
County's Regional Park south of Fossil Creek Reservoir in order to create contiguity with
many properties in the expansion area and, thus, set the stage for annexation. But, even
the annexation of the regional park will not provide contiguity to all properties in `the
area. So, some properties may want to try to develop before the City has the necessary
contiguity that would make the County require annexation.
c. The municipality's comprehensive plan provides the county and property
owners with clear guidance regarding the types and intensities of land uses intended
for each parcel within the GMA district boundary.
One of the major changes made in the update to City Plan in 2004, was the refinement of
land use depictions on the City Structure Plan map (future land use map). Deleted from
the former map were the "dots," "semi -circles" and other similar vague geometric shapes
for the potential location of future land uses. These were replaced with more definitive
shapes that corresponded better with roads, property boundaries, section lines, etc. Staff
believes the Structure Plan now gives clear guidance regarding the types and intensities
of land uses intended for each parcel on the map.
d. The area within the GMA district can and will be served with urban level
services, including, but not limited to, public sewer, public water, urban streets and
f
urban fire protection.
(2) establishment of the Fossil Creek Cooperative Planning Area (CPA) as a
future GMA boundary amendment area.
The GMA boundary amendment to include all land north of Fossil Creek Reservoir and
west of I-25 was approved by both the City and County in 1999 and contained
approximately 5 square miles, not counting the area covered by Fossil Creek Reservoir.
An additional 2 and %z square miles was included in the CPA. The objective of the CPA
was to preserve opportunities to expand the supply of.buildable land for urban purposes
within the city through eventual annexation.
In 1999, a series of Intergovernmental Agreements involving the Cities of Fort Collins
and Loveland, the Town of Windsor, and Larimer County formally extended the GMA
boundary to include the area north of Fossil Creek Reservoir and west of I-25 and
established the CPA. Some key components to these agreements were the establishment
of future annexation areas. Fort Collins agreed not to annex east of I-25, Windsor agreed
not to annex west of I-25, and Loveland agreed not to annex north of County Road 30.
All parties agreed to recognize the Fossil Creek CPA as being a logical extension of the
Fort Collins GMA boundary and leading to eventual annexation of the area into Fort
Collins.
Since the establishment of the IGAs between the City, the surrounding communities, and
Larimer County, there has been increased development pressure on the properties
adjacent to the I-25/SH 392/Carpenter Road interchange. Also, City staff understands
that the South Fort Collins Sanitation District may eventually sell for development a 160
acre parcel directly south of their wastewater treatment plant on the south side of
Carpenter Road.
The area south of Carpenter Road is located in the County's AP, Airport Zoning District.
The AP district could, allow uses by Special Review which would be incompatible with
the uses called for in The Region Between Fort Collins and Loveland Open Space
Corridor Plan and the Community Separator designation on the City's Structure Plan.
North of Carpenter Road; adjacent to I-25, County zoning is a mix of zones, including the
C, Commercial and T, Tourist zones, and the Rl, Residential district. The area is, thus,
primed for development. No formal applications have been made, but both the City and
County planning staffs believe that it is a matter of just a short time before someone
submits a development application to the County. This adds a sense of urgency to
expanding the GMA and annexing the area into the City of Fort Collins.
Larimer County GMA Amendment. Criteria
Section 4.2.1. of the Larimer County Land Use Code contains the County's regulations
regarding the Growth Management Area Overlay Zone District. This section states that
the County Commissioners may establish or enlarge a GMA district if an established set
of review criteria are met. These criteria are presented below along with a staff analysis
addressing each criterion.
City of Fort Collins
May 3, 2005
Community Planning and Environmental Services
Advance Planning Department
Memorandum
TO: Board of County Commissioners
Larimer County Planning Commission
FM: Ken Waido, Chief Planne k/44
City. of Fort Collins Advance Planning Department
RE: Amending the Fort Collins Growth Management Area (GMA) Boundary to
Include the.Fossil Creek Cooperative Planning Area (CPA).
On May 11, the Board of County Commissioners and the Larimer County Planning
Commission will conduct a joint study session and discuss a request to amend the Fort
Collins Growth Management Area (GMA) boundary to include the Fossil Creek
Cooperative Planning Area (CPA), an area of approximately 2 and '/4 square miles (see
attached map). This memorandum presents some background information on the
boundary amendment request.
Fossil Creek Cooperative Planning Area (CPA) History
In March 1998, the City of Fort Collins and Larimer County concluded a joint planning
effort with the adoption of the Fossil Creek Reservoir Area Plan. The Plan was adopted
as an element of City Plan, the City's Comprehensive Plan, and the Larimer County
Master Plan. The Plan contained the following chapters/topics:
1. land use framework
2. transportation
3. natural areas and open lands
4. parks schools, and other community facilities
5. implementation
Regarding the Growth Management Area (GMA) boundary, the. Plan's implementation
section called for two significant actions:
(1) amendment of the GMA boundary to include all land north of Fossil Creek
Reservoir and west of I-25,.and
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6376
FAX (970) 224-6111 • TDD (970) 224-6002 • E-mail: aplannine«fcenv mm
development plan which has not been filed at the time of the granting of the modification
shall be valid for a period of time not to exceed one year following the determination of
the county commissioners of the request for the proposed modification.
(Res. No. 04292003R005, 4-29-2003; Res. No. 09162003R012, § 2, 9-16-03; Res. No.
1005200411001, Exh. A, 10-5-2004)
the county commissioners may grant such modifications only in exceptional
circumstances and only if they find that granting the modification will not be detrimental
to the public good and that:
1. By reason of exceptional physical conditions or other extraordinary and exceptional
situations unique to such property, including, but not limited to, physical conditions, such
as exceptional narrowness, shallowness or topography, the strict application of the
standard sought to be modified would result in unusual and exceptional practical
difficulties, or exceptional and undue hardship upon the owner of the affected property,
provided such difficulties or hardship are not caused by the act or omission of the
applicant; or
2. The alternative plan, as submitted, will advance or protect. the public interests and
purposes of the standard for which modification is requested, equally well or better than a
plan that complies with the standards for which modification is requested. In ascertaining
the "public interests and purposes of the standards" the county commissioners shall give
great weight to:
a. The recommendation of the municipality;
b. The specific language of the standard, taken in the context of the regulation in which
the standard is contained and in the context of the applicable provisions of the
municipality's comprehensive plan; and
c. The willingness and agreement of the municipality to annex the subject area.
A modification shall be processed and reviewed concurrently with the development
application to which it applies. A modification may be processed separately from such
development application only if the county planning director in his/her sole discretion
determines there is adequate information to allow the modification to be evaluated
separately from the development application.
Applicants seeking a modification shall file a written request with the county planning
director. The county planning director shall refer the application to the planning director
of the municipality. The municipality shall provide a recommendation to the county
within 21 days of receipt of the request. The Larimer County Planning Commission or
other recommending board, per the applicable intergovernmental agreement, and the
county commissioners shall hear the request in the public hearings set for the
development application. If the county planning director has authorized the modification
request to be processed separately from the development application, the applicable
recommending board shall hear the request at the next available public hearing as
determined by the planning director after receipt of the recommendation of the
municipality, and the county commissioners shall hear the request at a public hearing no
later than 21 days after receipt of the recommendation from the applicable recommending
board.
At the hearing, the county commissioners shall consider relevant information presented
by the applicant, the municipality and interested members of the public. Based on the
information, the county commissioners may grant the modification or grant the
modification with conditions in accordance with the criteria contained in this section or
deny the modification.
If a modification is approved it shall be controlling for the successively, timely filed,
development applications for that particular development proposal only to the extent that
it modified the standard pertaining to such plan. All modifications which apply to a
d. In lieu.of a denial of annexation by the municipality, the county commissioners
accept the written determination by the designated representative of the municipality that
the subject property owner(s) need not apply for annexation.
3. Any parcel within a GMA district may be used for any use which is designated a use
allowed by right in the underlying zoning district. This does not apply to uses that involve
land divisions, special review or any other decisions requiring discretionary review by the
county commissioners.
4. Uses allowed only by special review in the underlying zoning district may be
approved only if such uses are consistent with the applicable supplementary regulations
to a GMA district. If no applicable supplementary regulations have been adopted, the
review criteria for special review shall apply (subsection 4.5.3). Supplementary
regulations do not apply to commercial mobile radio service facilities (section 16).
5. The underlying zoning of parcels within a GMA district may be rezoned only to the
PD-planned development district. The PD-planned development rezoning application
must specify the proposed land use types, densities and intensities.
6. In order to approve a rezoning to PD-planned development, the county
commissioners must find the proposed rezoning meets the review criteria in subsection
4.4.4 of this code, and that the proposed land use type, density and intensity are
consistent with the applicable supplementary regulations, if any.
7. The county shall not accept any applications for special exceptions in any GMA
district.
8. All divisions of land to create new lots in GMA districts shall be Submitted and
processed as plannedland divisions (subsection 5.2), minor land divisions (subsection
1 5.4) or rural land plans (5.8). No division of land to create new lots in GMA districts
through the planned land division process shall be approved unless the county
commissioners have approved a rezoning of the land to PD-planned development
pursuant to subsection 4.2.1.13.6 of this code.
9. Prior to final approval of a rezoning, special review, site plan review (section 6),
planned land division, minor land division or rural land plan, the property owner shall
provide a binding agreement for annexation. The agreement shall be in a form approved
by the county and shall include a power of attorney authorizing the city or town clerk to
execute and file annexation petitions and maps, and shall state that the property owner
agrees to submit to the applicable municipality a petition for voluntary annexation at such
time as the property becomes eligible for annexation according to state annexation laws.
Such agreement shall be signed by the owner of the property, shall run with the land and
shall be recorded in the office of the clerk and recorder of Larimer County with a copy
forwarded to the applicable municipality.
10. The county shall submit, to the applicable municipality for review and comment,
all proposals for rezoning, special review, minor land division, planned land division and
rural land plan within the applicable GMA district. The county shall afford the
municipality 21 days from the date of transmittal of.the referral to provide written
comments.
E. Modifications of development standards required by supplementary regulations.
Development standards in supplementary regulations to the GMA district may be
modified if agreed upon in writing by the developer, county commissioners and the
municipality. For proposed modifications not agreed to by the applicable municipality,
d. The area within the GMA district can and will be served with urban level services,
including, but not limited to, public sewer, public water, urban streets and urban fire
protection; and
e. The review criteria for boundary or zone designation set forth in subsection 4.4.4(A)
through (F) have been met.
4. The county commissioners may exclude an area from an established GMA district
boundary following consultation with the municipality if the county commissioners find
that one or more of the review criteria in subsection B.3 above can no longer be met or
that the municipality is not complying with the intergovernmental agreement.
C. Applicability.
1. The GMA districts are overlay zoning districts and shall be applied together with the
underlying zoning district.
2. The provisions of this subsection 4.2.1 will apply in each GMA district.
Supplementary regulations to a GMA district, herein referred to as supplementary
regulations may be adopted which will apply only to a particular GMA district or to a
-limited, defined geographical area within a particular GMA district.
3 In the event of a conflict between the supplementary regulations, the provisions of .
subsection 4.2.1 or any other provisions of the land use code, the supplementary
regulations shall prevail over the provisions of subsection 4.2.1 and the other provisions
of the land use code; the provisions of subsection 4.2.1 shall prevail over the other
provisions of the land use code.
D. General requirements.
1. Except as provided in subsection D.2 below or as otherwise permitted by the
supplementary regulations, .the county shall not accept any application for a rezoning
(PD-planned development), special review or planned land division:
a. For any property in a GMA district which has any contiguity to the municipal limits
and, thus, can be made eligible for voluntary annexation, whether through a series of
annexations or otherwise. Instead the owner of such property shall be required to seek
annexation to the municipality; or
b. For any property in a GMA district, which was part of a parcel eligible for
annexation as of December 18, 2000,•but which is no longer eligible because of
subsequent land divisions resulting in a break in contiguity, except land divisions created
by court order from probate, dissolution of marriage or eminent domain proceedings; or
c. Where the municipality denies the petition for annexation because:
(1) The property owner has included conditions or requirements in the. petition which
the county deems to be unreasonable or unduly burdensome; or
(2) The property owner refuses to agree to conditions or requirements imposed by the
municipality as a condition of annexation which the county deems to be reasonable.
2. The county may accept applications for rezoning, special review or planned. land
division where:
a. The subject parcel(s) has no contiguity to the municipal limits; or
b. The municipality denies the petition for annexation for reasons other than those
stated in subsection D.l.c(1) or (2) above; or
c. The applicable supplementary regulations authorize the county to accept the
application for rezoning, special review or planned land division.
County Land Use Code: GMA overlay zone district text:
4.2.1. Growth management area -overlay zone district.
A. Purpose. The purposes of growth management area overlay zone districts (GMA
districts) are to: . . .
1. Designate areas in the county adjacent to a municipality's corporate limits where
urban level development and annexation are appropriate, and where development may
have an impact on present and future municipal growth patterns;
.2. Support a municipality's comprehensive plan within the GMA district;
3. Protect the health, safety and welfare of county residents by providing land use .
regulations and standards that cause development to occur consistent with a
municipality's comprehensive plan for its GMA district to the extent deemed feasible by
the county in consultation with the municipality;
4. Minimize urban services provided by the county by encouraging municipalities to
annex land designated for urban uses and densities;
5. Facilitate the annexation of lands that have developed in the GMA district while
under county jurisdiction;
6. Facilitate the annexation of lands that are eligible for annexation prior to the
development of these lands;
7. Implement the guiding principles and implementation strategies of the county master
plan regarding urban and rural land uses;
8. Establish county standards and' criteria that are compatible with standards and
criteria adopted by municipalities; and
9. Implement intergovernmental agreements with municipalities regarding growth
management.
B. Establishment and amendment of district boundaries.
1. In order to carry out the purposes of this section, the following zoning district
classifications are established within Larimer County:
a. The Fort Collins GMA district;
b. The Loveland GMA district; and
c. The Windsor GMA district.
The term "GMA district" shall mean whichever of the above districts is applicable given
the location of the subject site.
2. The boundaries, of each GMA district are shown on the official zoning map adopted
for Larimer County,
3. The county commissioners may establish or enlarge a GMA district if the following
review criteria are met:
a. There is anintergovernmental agreement with the adjacent municipality pertaining
to a growth management area and the GMA district is intended to implement the
agreement;
b. The area within the GMA district boundary is expected, by the parties, to be
annexed within the time frame anticipated by the municipality's comprehensive plan;
c. The municipality's comprehensive plan provides the county and property owners
( with clear guidance regarding the types and intensities of land uses intended for each
parcel within the GMA district boundary;
n
M
The Larimer County/Windsor IGA acknowledges that Windsor would not
annex into any county -recognized CPA of another municipality (which the
Fossil Creek CPA is). The above statements about the County/Loveland IGA
are also the case in the County/Windsor IGA..
Since the above are all in County -adopted documents, they reflect the
County's position on the I-25/Hwy 392 interchange area west of I-25 and the
expansion of the FC GMA into the FC CPA.
On 3/30/05 the BCC gave staff direction that the process to follow for this
matter is:
1. joint evening work session with BCC/PC
2. Planning Commission public hearing on the GMAbverlay zone being
applied to the expanded GMA area and existing the CPA overlay zone being
repealed from the area (the text of the GMA overlay zone, including the
review criteria for GMA expansion is included at the end of this staff
report —see Sec 4.2.1.B.3).
3. BCC public hearing on a) the application of the GMA overlay zone to
the expanded GMA area; b) the CPA overlay zone being repealed from the
CPA area; c) with mutual agreement of the City, the repeal of the 2 party
City of FC/Larimer County IGA regarding the FC CPA; and d) the IGA
amendment expanding the GMA boundary.
Any Supplementary Regulations would be considered for adoption later, if
needed, and as soon as they are developed.
The County's schedule is as follows:
-BCC/PC work session, evening of Wed. May 11
-Planning Commission public hearing, evening of Wed. June 15
-County Commissioners public hearing, evening of Monday, July 11.
1.
Both City and County planning staff will be present at the May 11 BCC/PC
work session to expand on this information and to reply to any questions.
I
i
The following are facts that pertain to and support these changes:
One of the original intents of a municipality's Cooperative Planning Area is
that it could eventually become part of that municipality's Growth
Management Area. Both the GMA and CPA boundaries are intended to
enable a municipality to "stake out" its future growth areas in hopes of using
these tools to facilitate long range planning and to minimize or eliminate
"annexation wars".
The Fossil Creek Reservoir Area Plan, jointly adopted by the City and
County, anticipated potential expansion of the Fort Collins Growth
Management Area (GMA) into the Fossil Creek Cooperative Planning Area
(CPA). The plan clearly it anticipates that the area could eventually be
annexed to the City of Fort Collins. Seepage 41, FC-I-6.and page 46,
Policy GM-1.3 See attached copies of these pages.
Several intergovernmental agreements (Larimer County/Fort Collins IGA
and the Fort Collins/Loveland/Windsor/Larimer County IGA) acknowledge
that the Fossil Creek CPA area. could be annexed into Fort Collins. The 4
party IGA says that no municipal annexations shall occur within the FC
CPA except annexations to Fort Collins, and that the County agrees to
oppose, by such means as it deems appropriate, any annexation into the FC
CPA by any incorporated town or city. See attached copies of relevant
pages from these IGAs.
The Larimer County/Loveland IGA, adopted Jan. 12, 2004 (for 10 years),
acknowledges that Loveland would not annex into any county -recognized
CPA of another municipality (which the Fossil Creek CPA is). In that IGA,
it is stated in Sec. 2.2 that lands in the -Loveland CPA eventually may be
annexed to the City of Loveland --so even in their IGA with the County,
annexation of CPA areas is anticipated. Also, the County/Loveland IGA
says in Sec. 3.3.6 that the City of Loveland will not annex into a GMA or
CPA of another municipality if such area is recognized by the County. The
County/Loveland IGA, in Sec. 3.37 says the City of Loveland will not annex
property north of Co. Rd.30 unless the County either requires the landowner
to petition for annexation or requests the City of Loveland consider
annexation. See attached copy of relevant page from the LC/Loveland IGA.
Y.
PLANNING AND BUILDING SERVICES DIVISION
P.O. Box 1190
Fort Collins, Colorado 80522-1190
(970) 498-76e3 (970) 4W7700
Fax (970) 498-77/1
http://www.larimer.org/planning
May 2, 2005
Memorandum
To: Board of County Commissioners
County Planning Commission
Fm: Larry Timm, Planning Director
Re: Staff Report for BCC/PC work session, May 11, 2005
City of Fort Collins Request to Expand Growth Management Area
(GMA) boundary into Fort Collins Cooperative Planning Area (CPA) at
Fossil Creek Reservoir Area.
The Fort Collins City Council has authorized the Mayor to sign a revised
intergovernmental agreement (IGA) with the County to expand the Fort
Collins Growth Management Area (GMA) into most of the area now in the
Fort Collins Cooperative Planning Area (CPA) south of the Fossil Creek
Reservoir. City staff has requested that the County start the proceedings
necessary to consider this objective. The major steps necessary for the City
and County to take are as follows:
-City and County jointly amend the current IGA by changing the
GMA boundary to include the subject area;
-City and County =O� " - ty ty jointly negate the current City and County IGA
pertaining to the FC CPA;
-County apply its GMA overlay zone to the expanded GMA and
repeal the CPA overlay zone from the current FC CPA area;
-City amends its City Plan to include the expanded GMA; and
-If needed, County adopts mutually acceptable Supplementary
Regulations for the expanded GMA.
i11 PRINTED ON RECYCLED PAPER
a
00
19
mil
remove the Cooperative Plan Area District Overlay Zone from the area shall be the approval
date of the amendment to the City Structure plan for this GMA zone district expansion area.
I move that the Larimer County Land Use Code be amended by repealing section 8.9.3
(Supplementary Regulations for the Fossil Creek Cooperative Planning Area.) in its entirety.
The effective date of repeal shall be the approval date of the amendment to the Fort Collins City
structure plan for the GMA zone district expansion area.
I move authorization of the Chair of the Board of Commission to sign an amendment to the
existing Intergovernmental Agreement with Fort Collins that adds a new map that reflects
the new GMA boundary as agreed to by the City of Fort Collins and Larimer County.
I move authorization for the Chair of the Commissioners to sign the documents as approved
by the County Attorney to effect the repeal of the existing Intergovernmental Agreement
titled "Intergovernmental Agreement regarding Development in the Fort Collins
Cooperative Planning Area adjacent to Fossil Creek Reservoir'", dated 31 August, 1999. The
Chair shall not be authorized to sign the documents until after the effective date of the GMA
overlay zone district expansion into the Fossil Creek area.
ILARIMER STAFF REPORT BCC 07/11/05 15UBJECT GMA / CPA / LAND USE I
Commissioners' Korb, Oppenheimer, Pond,.terMeer, Wallace and Chairman Morgan voted in
favor of the Motion.
MOTION PASSED: 6-2
Commissioner Korb moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommends to the Board of County:
Commissioners that Larimer County Land Use Code be amended, file #05-CA0055, by
repealing Section 8.9.3 (Supplementary Regulations for the Fossil Creek Cooperative Planning
Area) in its entirety. The effective date of the repeal shall be the approval date of the
amendment to the Fort Collins City Structure Plan for the GMA zone district expansion area.
Commissioner Pond seconded the Motion.
Commissioners' Boulter and Waldo voted against the Motion.
Commissioners' Korb, Oppenheimer, Pond, terMeer, Wallace and Chairman Morgan voted in
favor of the Motion.
MOTION PASSED: 6-2
Staff recommends the Board approve the two authorizations listed below:
1. Authorize the Chair of the Board of Commission to sign an amendment to the existing
Intergovernmental .Agreement with Fort. Collins that adds a new map that reflects the new
GMA boundary as agreed to by the City. of Fort Collins and Larimer County.
2. Authorize the Chair of the Commissioners to sign the documents as approved by. the , .
County Attorney to effect the repeal of the existing Intergovernmental Agreement.titled
"Intergovernmental Agreement regarding Development in the Fort Collins Cooperative
Planning Area adjacent to Fossil Creek Reservoir", dated 31 August, 1999. The Chair shall.
not be authorized to sign the documents until after the effective date of the GMA -overlay
zone district expansion into the Fossil Creek area.
SUGGESTED MOTION:.
I move that the Fort Collins.GMA Overlay: Zone District be applied to the geographic area as
shown on Map 1 dated Feb 1, 2005 and that the effective date of the GMA Zone District
boundary change shall be the approval date of the amendment to City Structure plan for this
GMA Zone District expansion area..
I move that the Fossil Creek Cooperative Planning Area Overlay Zone District be removed from
the underlying zone districts as show on the Official Larimer County zone district map and as
described in the legal notice for this public hearing. The effective date of the zone change to
LARIMER COUNTY SOBJECT
BCC 07/11/O5 GMA /CPA /LAND i_rSE
PLANNING STAFF REPORT CODE. A
3.
PLANNING COMMISSION AND STAFF RECOMMENDATION•
Commissioner Wallace moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommends to the Board of County_
Commissioners that the Fort Collins GMA Overlay Zone District, file #05=Z1544, be applied to
the geographic area as shown on Map 1 dated February 1, 2005 and that the effective date of the
GMA Zone District boundary change shall be the approval ate o C'
Structure Plan for this GMA Zone District expansion e Prior to the Board of County
ommissioners signing a amen e n ergovernmental Agreement (IGA) with the City of Fort
Collins, the Board of County Commissioners receive what is in their judgrient sufficient
assurances that the City will be an active,participant in efforts to provide Adequate Public
Facility review of the I-25/Hwy 392 Interchange and Carpenter Road.
Commissioner Pond seconded the Motion.
Mr. Legg asked for clarification on the. effective date.
Commissioner Wallace stated that the effective date of the GMA Zone District would be as staff
recommended.
Commissioners' Boulter and Waldo voted against the Motion.
Commissioners' Korb, Oppenheimer, Pond, terMeer; Wallace and Chairman Morgan voted in
favor of the Motion.
MOTION PASSED: 6-2
Commissioner Korb moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommends to the Board of County
Commissioners that the Fossil Creek Cooperative Planning Area Overlay Zone District, file
#05-Z1543, be removed from the. underlying zone districts as show on the Official Larimer
County zone district map and as described in the legal notice for this public hearing.. The
effective date of the zone change to remove the Cooperative Plan Area District Overlay Zone
from the area shall be the approval. date of the amendment to the City Structure Plan for this
GMA zone district expansion area.
Commissioner terMeer seconded the Motion.
Commissioners' Boulter and Waldo voted against the Motion.
LARIMER COUNTY BCC 07/11/05 SUBJECT GMA / CPA / LAND USE
PLANNING STAFF REPORT CODF AMFNT)MFNTQ
PAGE
DISCUSSION:
On June 15, 2005, the Fort Collins Growth Management area amendment and associated
Cooperative Planning Area zoning overlay (CPA) and supplemental regulations amendments
were.presented to the Larimer County Planning Commission. Public testimony was presented
indicating that land owners in the vicinity of I-25 were not in agreement with the
recommendations due to concerns with City of Fort Collins current Structure Plan Designation
and the uncertainty of the City of Fort Collins to assist in any possible solutions to the I-25 CR
32 Interchange. The Fort Collins Sanitation District also spoke in opposition. After hearing the
testimony as detailed in the minutes of the hearing the Larimer County Planning Commission
voted to recommend approval of the Staff recommendations, regarding the zone changes. The
Staff and Planning Commission recommendations are listed below. Staff has added two
recommended motions regarding authorizing the Chair to sign the appropriate documents
associated with the Intergovernmental Agreements with the City of Fort Collins. One provides
for a amendment to the existing Intergovernmental Agreement for the Fort Collins GMA map
and the other would repeal the Intergovernmental Agreement for the Cooperative Planning
Area. The Planning Commission did not hear these recommendations since they deal with a
contractual agreement between the Board and the City Council.
Larimer County and the City of Fort Collins concluded a joint planning effort by adoption of the
Fossil Creek Area Plan in March 1998. Soon after, the Fort Collins Growth Management Area
(GMA) Overlay Zoning District was expanded to include portions of the Fossil Creek planning
area and an Intergovernmental Agreement (IGA) was signed on August 31, 1999 regarding
development in the Fort Collins Cooperative Planning Area (CPA). The Larimer County Board
of Commissioners, with recommendation from the Larimer County Planning Commission,
zoned the area as a Cooperative Planning Area Overlay Zone and adopted supplemental
regulations for the Cooperative Planning Overlay Zone on March 6, 2001.
The purpose of this hearing is to consider the expansion of the Fort Collins Overlay Zone to the
areas depicted on the attached map and removal of the Cooperative Planning Area Overlay Zone
District from all areas of the Fossil Creek Reservoir Area and repeal of the supplemental
regulations implementing the Fossil Creek Cooperative Planning Area Zone District (Section
8.9.3 of the Larimer County Land Use Code). (For a complete overview of adopted plan and
policy guidance for GMA expansion into the CPA at the Fossil Creek Reservoir area, see
attached Memorandum from the Director dated May 2, 2005.)
A major provision of both the IGA and the GMA Overlay Zone District requires properties that
are adjacent to the Fort Collins city limits to annex prior to development. For those properties
that are adjacent to the City limits, and annexation occurs, the City's development processes and
standards would apply.
Within the proposed expanded GMA, those properties that are NOT eligible for annexation may
proceed to request development approval from Larimer County; however, they would be, subject
to the requirements of the GMA overlay zone.
ILARIMER COUNTY BCC 07/11/05 SUBJECT GMA / CPA / LAND USE I
PLANNING STAFF REPORT rnrnU A T% Xt2 .TT -%A Xnwro r
PAGE
I
1. TITLE:
Enlarge the Fort Collins GMA Overlay
Zone District and remove the
Cooperative Planning Area Overlay
Zoning District designation from the
Fossil Creek Reservoir Area by zone
action and repeal Section 8.9.3
(Supplementary regulations for
Cooperative Planning Areas) of the
Larimer County Land Use Code. '
REQUEST:
1. Apply (zone), the GMA Overlay
Zone District to the area shown on map
dated February 2005.
2. Remove (zone) the existing CPA
Cooperative Planning Area Overlay Zone
District from the property adjacent to Fossil
Creek Reservoir, (as described in the legal
notice).
3. Repeal Section 8.9.3 of the Larimer
County Land Use Code (Supplementary
Regulations for Cooperative Planning
Areas)
4. Authorization to sign amendments to
the Fort Collins Intergovernmental
Agreements
LOCATION:
The Fossil Creek Reservoir area
APPLICANT:
Larimer County
STAFF CONTACT:
Russ Legg, Chief Planner
FILE #:
05-CA0055 Code Amendment;
05-Z1543 Cooperative Planning Area
Overlay Zone District Repeal;
and 05-Z1544 GMA Expansion :.
PC HEARING DATE:
June 15, 2005
BCC 07/11/05 1 SUBJECT GMA / CPA / LAND USE
el 1
AGENDA
LARIMER COUNTY BOARD OF COMMISSIONERS
Monday, July 11, 2005/6:30 P.M./Hearing Room
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENT ON THE COUNTY LAND USE CODE
D. PUBLIC COMMENT ON THE LARIMER COUNTY BUDGET
E. ITEMS:
1. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE #05-CA00 5;
FORT COLLINS GMA EXPANSION #05-ZI544;
COOPERATIVE PLANNING AREA OVERLAY ZONE DISTRICT REPEAL
#05-Z1543
Staff Contact: Russ Legg Page 1
F. ADJOURN