Loading...
HomeMy WebLinkAboutPROSPECT EAST FOURTH ANNEXATION & ZONING - 2-04 - REPORTS -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. C. The City agrees to annex all County Road rights -of -way, easements, etc., adjacent to a voluntary annexation in accordance with Title 31, Article 12 Colorado Revised Statutes; provided, however, that the City may decline to annex such County roads and rights -of -way if annexation of such roads and rights -of -way would impede future annexations anticipated by the City to be accomplished by the use of a "flagpole" configuration or if such County road is primarily used by County development. In the event the City declines to annex any such roads or rights -of - way, it shall provide a written explanation in the annexation impact reports provided to the County outlining the City's reasons for not annexing such roads or rights -of -way. D. The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. E. The City agrees to pursue annexation of any parcel whose owner has signed an annexation agreement. F. The County agrees that the City, in its sole discretion, (except as provided in Section 8(13) of this agreement) may annex outside the Fort Collins GMA. The City agrees that proposed annexations outside the GMA will be sent by certified mail to the Board of County Commissioners for review and comment at least thirty-five (35) days prior to the scheduled public hearing on the annexation before the City Council. G. The Countyagrees to require a binding agreement for future annexation in the form attached as Exhibit 2 as a condition of approval of any development application requiring approval by the Larimer County Board of Commissioners, which is located within the GMA but is not, at the time of development approval, eligible for voluntary annexation to the City. 9. Improvements to and Maintenance of Public Facilities. The County agrees to require development proposals within the GMA to make improvements to County roads consistent with the Larimer County Urban Road Standards for the GMA which, to the extent reasonably feasible (as this term is defined in the Fort Collins Land Use Code), will be consistent with the multi -modal and level of service standards for road improvements required by the City inside the City limits. The City agrees to provide routine maintenance and inspection of 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 otherwise have been required by Larimer County Urban Standards. (Examples of such . improvements may include transit facilities, bicycle lanes, or parkway/median landscaping.) The City agrees to apply its Off -Site Street Improvements Policy to any development within the City limits which has an identifiable impact on the County road system which may require the 0 process contained in the City's Land Use Code, which process shall be administered by the City but shall be modified to include both the County Manager and City Manager (or their designees) as the decision makers. If a review of the property owner's claim under the takings determination process results in a determination by either the City Manager or the County Manager that denial of the annexation petition, coupled with the inability to develop the property under the County's jurisdiction, would constitute an unlawful taking of the property owner's property, the County shall thereafter accept the application and process and rule on it in accordance with the Larimer County land use regulations. D. The County and City agree that appeals, interpretations and variances from zoning provisions of the GMA District which are applied at the building permit stage shall be forwarded to the Larimer County Board of Adjustment as provided for in the Larimer County Land Use Code. E. The County agrees that it shall refer to the City for review and comment all development applications, as defined in Section 6(A), for properties located within the GMA. The City shall advise the County whether or not the proposed development complies with the City's Comprehensive Plan and the GMA regulations in the Larimer County Land Use Code. The City shall provide its comments to the County in writing within the time required for county referrals established by State Law. Except to the extent that the City notifies the County through its written comments that the development does not comply with the standards, the County may assume that the proposed development complies with all applicable standards and the County shall have no responsibility to further review the proposed development for compliance with the standards. 7. Development Outside of the GMA. The County agrees to use the Larimer County Master Plan as a guideline for development outside the GMA. The County shall forward subsequent revisions to the Master Plan to the City for recommendations at least thirty-five (35) days prior to final action by the County. The County shall notify the City of any such revisions that it ultimately adopts within ten (10) days of adoption. 8. Annexations. A. It is the City's intent to annex properties within the GMA as expeditiously as possible consistent with the terms of this Agreement. Except as provided in Section 8(B), the City agrees to consider the annexation of any parcel or parcels of land located within the GMA which are eligible forvoluntary annexation pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes. B. To the extent permitted by law, the City agrees it will not annex property south of County Road 32 (also known as the "Fort Collins/Loveland Corridor'D or any property within the portion of the Fossil Creek Reservoir Area Plan which is located east of County Road 11 (Timberline Road) and South of County Road 36 unless the County either requires the landowner E November 2000 r r k Lorimer County and City of Fort Collins INTERGOVERNMENTAL AGREEMENTS • Growth Management Area • Development Fossil Creek Reservoir • Annexation Fossil Creek Reservoir • Annexation East of Interstate Highway 25 1K .�i 1 .10,0000 L; N CB! t E ti)�IFM