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HomeMy WebLinkAbout20012285.tiff STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Division of Transportation Development /e O7., 4201 East Arkansas Avenue Denver, Colorado 80222 (303) 757-9525 .•. „. August 6, 2001 The Honorable Gary Wardell Town of LaSalle 128 North Second Street LaSalle, Colorado 80645 Dear Mayor Wardell, The Colorado Department of Transportation's (CDOT) Division of Transportation Development staff have researched three issues regarding LaSalle's desire to join Upper Front Range Transportation Planning Region: 1) a jurisdiction rescinding its membership in a Metropolitan Planning Organization; 2) a jurisdiction joining a Transportation Planning Region other than its originally designated membership; and 3) a jurisdiction seeking to change the boundaries of the urbanized area. This letter will explain the findings and conclusion from our research and conversations with various personnel within the agencies of the Census Bureau, Federal Highway Administration (FHWA) and the CDOT. Both the Census Bureau and the State of Colorado have requirements that affect portions of each of the three stated issues. The Census Bureau defines urbanized area as an area with a population of 50,000 or more within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary of Commerce. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. (23 United States Code 101(a)(37)). Colorado allows for the creation of Regional Planning Commissions (C.R.S 3-28-105) to oversee the receipt and expenditure of state and federal transportation funds within a Transportation Planning Region (TPR) defined in C.R.S. 43-1-1102. The North Front Range TPR is wholly within the boundaries of the North Front Range metropolitan planning area. Metropolitan planning area boundaries are required to "encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period..." (23 USC 134(c)(2)) Metropolitan area boundaries may be different than the urbanized area. (The State uses the term "metropolitan area" but uses the same definition as the federal term "metropolitan planning area") (o/se>7>t vci/YQ1 �- %3-L'/ 2001-2285 Honorable Gary Wardell Page 2 Colorado's Rules and Regulations for the Statewide & Regional Planning Process defines the Upper Front Range TPR as "comprised of Larimer, Morgan, and Weld Counties, excluding the North Front Range Transportation and Air Quality Planning Council's Metropolitan Area." (Rules and Regulations, page 7) This means the federal government has mandated the existence of metropolitan planning organizations whose boundaries encompass at a minimum the federally designated urbanized area. The State-designated North Front Range Transportation Planning Region encompasses the Fort Collins and Greeley urbanized areas. According to the 1990 Census, the Town of LaSalle is within the Greeley Urbanized Area. Greeley's urbanized area is within the North Front Range's metropolitan area. The corresponding information for the 2000 Census will not be available until Spring 2002. Regarding the issue of LaSalle's membership in the North Front Range, the Articles of Association for the North Front Range Transportation & Air Quality Planning Council, Article 11(2), states, "any member may withdraw from the Council" by giving 60 day written notice. Regarding the issue of LaSalle's membership in the Upper Front Range TPR, C.R.S. 30-28- 105(10) states, "nothing in this part 1 shall preclude participation by any county or municipality in more than one regional planning commission." (Municipality includes towns according to C.R.S. 31-1-101(6)). Regarding the issue of changing the urbanized boundaries, Jeff Walker of my staff has spoken with personnel from the Federal Highway Administration and the Census Bureau. Each federal contact told him that under no circumstance has an urbanized area boundary been redrawn at the request of a jurisdiction. It was mentioned that urbanized area boundaries might be redrawn because of the new criteria for urbanized areas' release in late 2001 or early 2002. Analyzing the research and discussions referenced above, it appears that the only conclusion is that LaSalle will remain in the Greeley urbanized area, and therefore within the North Front Range metropolitan planning area; LaSalle is able to participate on the Upper Front Range Regional Planning Commission if the RPC membership votes it in and signs an intergovernmental agreement.; and LaSalle may terminate its membership with the North Front Range. However, federal statutes require that any proposal for a federally assisted transportation project within LaSalle would still need to be approved through the North Front Range's metropolitan planning process, which includes placement in the Transportation Improvement Program and the long-range Regional Transportation Plan. The Upper Front Range would not evaluate any federally assisted projects in LaSalle against projects in the rest of the Upper Front Range. Honorable Gary Wardell Page 3 CDOT's position at this point is that LaSalle should remain part of the urbanized area for the following reasons: 1) Federal Planning funds (23 USC 104(i)) and 5303 funds (49 USC 5303) are based on the population of the urbanized area within Colorado and the North Front Range would receive a share of these funds to carry out transportation planning within its metropolitan planning area (which includes LaSalle). The Upper Front Range receives some limited federal transportation planning funds based on its share of Colorado's rural population and rural land area (which excludes LaSalle); 2) The new criteria are expected to change the urbanized area boundaries throughout the country, but as of yet it is unknown exactly how any particular area will be affected. Pursuit of a boundary change at this time may be premature and we recommend waiting until the impacts of the criteria on urbanized boundaries are clarified; and 3) Several changes have taken place since LaSalle was last represented at a NFRT&AQP Council meeting. A new executive director began work on July 2, 2001, the NFRT&AQP Council is investigating the feasibility of becoming an independent MPO, and several studies have and are being conducted that place more emphasis on off-system (non- state and non-federal) highways. The combination of these events might prove beneficial to LaSalle. I understand that LaSalle is pursuing its desire to be removed from the Greeley urbanized area by seeking the help of federal and state legislators. I would like to request you keep us updated on this matter. Please contact either Jeff Walker of my staff or me if you would like to discuss this issue further. Sincerely, Marilyn'Beerfi, Manager Regional and Statewide Planning cc: Tom Norton — CDOT Executive Director Charles Archibeque —Transportation Commission (325 — 6k" street Greeley 80631) Jennifer Finch — CDOT Transportation Development Karla Harding — CDOT Region 4 Commissioner Mike Geile — Upper Front Range Cliff Davidson — North Front Range Commissioner Glen Vaad —Weld County Frank Hempen, Jr—Weld County Ginny Brown - CDOT Hello