City-town turf battle takes on new twist

By Dan MacArthur
Fossil Creek Current

A summit will convene soon in hopes of reaching a truce in the latest turf battle between Fort Collins and Timnath.

The current skirmish was set off after the city challenged the town's plans to incorporate almost 10 square miles into its growth management area, the boundaries Larimer County recognizes as the territory municipalities one day will annex.

The property in contention is bounded by Interstate 25 on the west and extends east a mile into Weld county. It stretches from Mulberry Street on the south to County Road 52 (Richards Lake Road) on the north.

Timnath asserted control over it in a revision of the town's future land-use plan approved by the town council in June. The northwestern corner bordering the interstate was designated for employment uses. Smaller parcels along Mulberry were identified for commercial and mixed-use development. Most of the remainder was earmarked for low-, very low- or county-density residential development.

The addition to the town's GMA seemed to be sailing along as Timnath neared concurrence with the county on the terms of an intergovernmental agreement recognizing the town's future area of influence. But Fort Collins raised objections after it first learned of Timnath's plans from the county, according to Joe Frank, Fort Collins acting director of planning and development.

"They had not notified us," Frank said, despite state statutes requiring it. "It wasn't even on the radar screen that Timnath was north of Mulberry."

Timnath Mayor Donna Benson disputes that claim, insisting that the town shared its plans with Fort Collins officials, who raised no concerns. Consequently, she said, the Timnath delegation was shocked when Fort Collins chief planner Ken Waido was dispatched to challenge the town's plans at a September meeting with the county commissioners.

Waido said Fort Collins is concerned about the demands such intensive development of the area would impose on the city with the up to 50,000 jobs and 5,000 housing units it is estimated to create.

Such an imbalance between jobs and housing, he said, means many workers would be forced to live in Fort Collins or elsewhere. He said such heavy commuting would place particular pressure on existing roads and increase the need for new ones.

Frank acknowledged that those numbers are only estimates developed by Fort Collins based on the proposed land uses because Timnath has not been forthcoming with information about its plans.

"Because we didn't get it, we made our own projections," he said.

Further, Frank said, Fort Collins also wants to see that the area remains a low-density buffer as called for in the city's structure plan and the I-25 subarea plan.

Benson said estimates made by Fort Collins are grossly exaggerated and insisted that Timnath also wants to see the area remain largely rural in keeping with its current character. She said the nearly three square miles designated as agri-business, for example, are intended for farming or related operations.

"We don't have a vision for high-density at all," Benson said. "We do want some employment opportunities."

The ultimate arbiters are the county commissioners, who must approve any intergovernmental agreement. Such pacts are aimed at directing denser development to municipalities best suited to provide services. IGAs also inhibit municipalities from annexing in the recognized growth management area of another.

"It's been a stabilizing force," said county planning director Larry Timm. "No one has stepped out to be the party that violates an IGA."

After extensive discussions and negotiations, Benson said, Timnath and the county now are very near agreement. "As far as we're concerned, we need to move forward," she said. "An IGA makes sense. It really does define your borders."

"To us, the kingpin is whether the county will approve an IGA with Timnath," said Waido.

But Larimer County Commissioner Kathay Rennels said the county won't take any actions until both parties reach agreement. "These conversations need to go on between Timnath and Fort Collins," she said. "It's not appropriate for the county to get involved in municipal disputes."

If Fort Collins does not believe its concerns are adequately addressed, Frank said, the city could seek to expand its IGA with the county to include the contested area.

"That's what we're considering," he said, while stressing that no decision has been made.

"If we want to do good planning, it's only smart for us to reassess our plan."

Any move toward expanding Fort Collins' growth management area would first have to be approved by the city council. But both sides expressed hope that accommodation can be reached before such bloodshed over the boundary breaks out.

"We understand that they're trying to establish a long-term vision for the city and Fort Collins doesn't want to get in the way of that," said Frank