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HomeMy WebLinkAboutPOUDRE SCHOOL DISTRICT, ''VIPS'' BUILDING - SITE PLAN ADVISORY REVIEW - 21-98 - CORRESPONDENCE - LEGAL DOCUMENTSSENT BY:Poudre School District;11-50-5> 3:26 ; 3034903524+ ;tt 6 ATTEST: PO 8CHOOL DISTRICT R-2 By: President, Soard of Education h1 SENT BY:Poudre School District;11-50-6> ; 3:26 ; 3034903524-# ;x 7 County Board of Commissioners of such proposed financing mechanism, so that said mechanism may, if possible, be consistently formulated and applied throughout that portion of Larimer County which is within the School District. The parties acknowledge that the actual adoption and implementation of any particular financing mechanism would be subject to the formal approval of the parties in such manner as may be required by law. 5• In the event that the City and the School District are unable to agree upon the rights and obligations of the :parties with respect to this Agreement, the matter in dispute! shall be submitted to the City Manager and the SuperinCendent of Schools, who shall attempt to negotiate a resolution of the differences between the parties in such manner as they ma} deem appropriate. 6. period automat written thirty then in a joint every ti vote of IN ATTEST: l City Z=. The term of this Agreement shall continue for a E five (8) years from the date hereof and shall be ally renewed for successive. five (5) year periods unless d by either party, Either party may terminate this at tba alww If. z^.•} F�4�.ft ik5,1 yr a petitid 'Ay the giving of iotice of termination to .the other party not lees than 0) days prior to the close ofthe five (5) year period ffect. The Agreement shall be reviewed and discussed at fission of the School Hoard and City Council at least once (2) years. 'It can be modified at any time by a majority oth parties. [TNESS WHEREOF, the parties hereto have executed this. the day and year first above written. i CITY OF A Music F� SENT BY:Poudre School District;11-50-5> 3:25 3034903524-o .A 6 (2) The School District will not be required to pay any fees for plan processing or submittal to the Planning Department or any building permit plan review fees. (3) Water and sewer tap charges are not considered as "development fees" but must be paid as a condition Of Connection to service. d. ReimbursPments. Reimbursements due to the School District from the City shall be made, if applicable, pursuant to separate reimbursement agreements between the parties, in accordance with the relevant provisions of the City Code. It is understood that any reimbursement agreements shall be valid only for a period of ten (10) years from the date of execution thereof, provided, however, that the City Council may approve extensions of reimbursement agreements for additional ten (10) year periods if requested by the School District in writing thirty (30) days prior to expiration thereof. The school District also agrees that it shall be responsible under the Code of the City to .make reimbursement as a bene£itted property owner to third parties who have constructed public improvements for which such third parties are entitled to such reimbursement. The City and the School District will work together with the community to study alternativemethods for funding the long-term infrastructure needs generated by future School District facilities, using a public process that identifies and involves any potentially affected interests. The parties' intent in reviewing such alternatives would be to explore the possibility of developing and. implementing a new financing mechanism which would provide a means to purchase school sites and construct the necessary infrastructure at an optimum point in time in relation to community development patterns. In the event that the parties are successful in identifying a mutually acceptable financing mechanism, the school District and the City will notify the Larimer 5 SENT BY:Poudre School District;11-50-5> 3:25 3034903524-# Ott 5 may be constructed according to a time schedule consistent with the actual needs created by the new school site. b. Street and Sidewalk Imprnmemp I-s, (1) The School District shall be responsible for constructing those street improvements in the vicinity of the School District sites which are required to meet the traffic flow needs created by those sites. Said streets shall be constructed at the thickness required for the applicable street in accordance with the City's design criteria for the construction of streets. (2) sidewalks required to adequately serve any newly constructed school shall also be installed at the expense of the school District. Sidewalks serving the primary routes to such schools shall be eight feet (81) wide and shall extend no, less. than five hundred feet (500') from the school property or to the nearest existing street intersection, whichever is less. Sidewalks on other streets adjacent to the school site shall be constructed to a width of five feet (51). '. ..B-4J (1) The School District shall be responsible for payment of the following fees associated with the construction of any new school District facility. These fees will be calculated and paid prior to the occupancy of the school in accordance with the provisions of the City Code: Water Plant Investment Fee Water Rights Acquisition Charge Sewer Plant Investment Fee Storm Water Basin Development Fee (calculated on the basis of the Light Industrial Category) Electric off -site and On -site Service Fees 4 SENT BY:Pou�hool DiStriCt;11-50-6> 3:24 3034903524-o # 4 when each site becomes eligible for annexation pursuant to Colorado law. The School District shall submit to the City its Petition requesting annexation within sixty (60) days of the receipt of any such request by the City for annexation. d • Reeddevelopmpnt- ,&nd Rene of School Sites. The School District will work with the City to determine uses for redevelopment and reuse of schools being phased out to find a solution that benefits the community. The School District will follow the City's development review procedures, as established within the City,s zoning code, for any building and/or property changing to another use. 3. ''chool . njs strict si _A Tnfrnatriintnre a. General Infrastructure ImprovamonPc prior to the construction of any new School District facility or the enlargement or change in use of any existing facility, the City and the School District will work together on a project -by -project basis to identify the nature and extent of any infrastructure improvements which need to be made in order to offset the particular impacts that such facility may .have on the City,s ..The School District shall be responsible for funding the construction of all such infrastructure improvements as are determined to be reasonably necessary to meet the transportation and utility needs of any such facility and to offset any corresponding impacts on the community; provided, however, that the amount to be paid by the school district for such infrastructure costs shall not exceed the amount attributable to the impacts of the school district facility. During the construction of said improvements, the City shall perform an inspection to ensure that the improvements (such as streets or utilities, etc.) are constructed in accordance with City standards. Generally, infrastructure improvements for new facilities shall be constructed prior to the occupancy of the same. However, in the event that the City.and the School District agree that the construction of certain improvements can be delayed, such improvements 3 SENT BY:Poudre School District;11-50-6> 3:23 3034903524+ #3 i •. (1) It shall be the responsibility of the School District to develop and maintain a five (5) Year plan for the acquisition of land and construction of facilities of the School District, which plan shall be reviewed by the Planning and Zoning Board pursuant to Section 22-32-124, C.R.S. The Planning and Zoning Board of the City shall review any such five (5) year plan in order that the plan shall conform to the adopted Comprehensive Plan of the City, insofar as is feasible. Prior to such review by the Planning and Zoning Board, the plan shall also be submitted to the City/School District Liaison Committee for review and comment. The School District's Master Plan shall show the general areas of potential location of school facilities and shall include background information developed by the School District pertaining to student population projections, boundary adjustment plans, and other pertinent information. (2) The School District shall also consult with the Planning and Zoning Board of the City site specific, case -by -case basis prior to on a the acquisition of any land or construction of any improvement thereon. The School District will consider and respond to any issue raised by the City's Planning and Zoning Board. b. NNaighhorhood Parks. The City and the School District will coordinate the general locations of new school sites as shown in the "School Master Plan" of the School District and new potential park sites as shown on the City's "Parks and Recreation Master Plan," with the City. and School District closely coordinating the purchase of property. C. Annexation,• Upon the request of the City, the School District will annex all school sites into the City 2 SENT BY:Poudre School District;11-50-6> ; 3:23 ; 3034903524-# ;tt 2 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is executed this day of , 1995, b and between THE CITY OF FORT COLLINS, COLORAD ("City") and the�POUDRE SCHOOL DISTRICT R-1 ("School District,,). W I T N 8 9 S 8 T H s WHEREAS, pursuant to Section 29-1-203, C.R.S., governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units of government; and WHEREAS, any such contract may provide for the joint exercise of the unction, service or facility which is the subject of the contrac ; and WH REAS, continued growth in the Fort Collins area suggests that i reased coordination between the City and the School Distric can result in better fiscal and physical management for both th City and the School District; and EAS, both the City and the School District, in a spirit of coopera ion, have held a number of meetings for the purpose of reachind an agreement regarding the planning and construction of schools and the acquisition of land therefor and other related topics. NOW, THEREFORE, in consideration of the mutual covenants of the parties and other good and valuable consideration, the receipt and adeduacy of which are hereby acknowledged, the parties agree as follows: 1. Understanding of the Parties. It is the understanding of the parties that this Agreement is to provide for collaboration between the City and the School District to minimize costs for the ultimate benefit of the community. As governmental entities who serve a majority of the same public, it is prudent to work together for mutual gain. To this and, much collaboration already occurs on planning and service provision. It is the intent of the governing bodies to institutionalize the vision of collaborative planning via this document. It is a goal•of the City Council and the Hoard of Education to identify and modify any policies,, ordinances, resolutions or regulations of the city or the School District that are in onflict with this philosophy. City / School District IGA June 22,1998 Page Two concerned that this change would further erode the City's ability to monitor the District's construction activities within our neighborhoods, again, an area for which the City does have jurisdiction. Please let me know if you require any additional information as you consider this issue. I'd suggest a conversation with Greg Byrne and Bob Blanchard so that we can more fully understand the staff's concerns prior to taking any action. cc: Greg Byrne, CPES Director Steve Roy, City Attorney Bob Blanchard, Current Planning Director City N. ager City of Fort Collins MEMORANDUM DATE: June 23, 1998 TO: John F. Fischbach, City Manager FROM: Frank W. Bruno, Assistant City Manager �, �� RE: City / School District IGA & Planning Issues We last brought the Intergovernmental Agreement between the City and the School District to the Council and School Board for their review and approval on June 20, 1995. The term of the agreement specified an initial five-year period, with five (5) automatic, five-year renewals unless terminated by either party. The agreement has basically been very helpful in clarifying the working relationship between the two entities. One area that has been rather problematic however has been Section 2 a., (2) School Planning: This section calls for the School District to consult with the Planning & Zoning Board on a site -specific, case -by -case basis prior to the acquisition of any land, or construction of any improvement thereon. The agreement further mentions that the School District will consider and respond to any issue raised by the Planning & Zoning Board. There is nothing inherently difficult about this sub -section, however, it requires remodel projects, as well as major construction to come before the P & Z for consultation. Recently, there have been a few projects that the District commenced without the specified P & Z consultation. The work on the Putnam Gym is one example of this -- the District's schedule made the P & Z component difficult from their standpoint to factor into their project. The impacts in the areas adjacent to the schools however, are typically viewed by residents as the City's problem. We therefore must be aware of the activities of the District in this regard. District staff has suggested that the Liaison Committee consider the following change to the IGA concerning additions or remodel projects to existing schools: To not require the School District to submit plans to the P & Z, unless such addition is greater than fifty percent (50%) of the present building. The District believes that this would enable their staff and P & Z to instead focus attention on new school site planning, and major (greater than 50% of the existing school) renovations. Steve Roy has indicated that such a change would likely require modification to the IGA, as well as an Ordinance to implement. From the policy side of the issue, I understand that our staff is 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6505 • FAX (970) 224-6107 .