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HomeMy WebLinkAbout2020 BVCP Appendix IGA H. Under C.R.S. § 30-28-106(2)(a), as amended, the master plan shall not be effective inside the boundaries of any incorporated municipality within the region unless such plan is adopted by the governing body of the municipality. I. To ensure that the unique and individual character of Boulder and of the rural area within Boulder County outside Areas I and II of the BVCP are preserved, the Parties believe that a comprehensive development plan that recognizes the area of potential urbanization within the BVCP that would not be interrupted by Boulder County open space, accompanied by a commitment by Boulder for the preservation of the rural character of lands surrounding Areas I and II within the Boulder Valley and Boulder County, is in the best interest of the residents of each of the Parties. BOULDER VALLEY COMPREHENSIVE PLAN155 Appendix B: Boulder Valley Comprehensive Development Plan Intergovernmental Agreement with Amendment Procedures (Exhibit B)BOULDER VALLEY COMPREHENSIVE DEVELOPMENT PLAN INTERGOVERNMENTALAGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("IGA") between the City of Boulder, a Colorado home-rule city ("Boulder" or "City"), and the County of Boulder, a body politic and corporate of the State of Colorado ("County" or "Boulder County") shall become effective as of the ''Effective Date" listed below. The City and the County are together referred to as the "Parties." RECITALS A. The Parties have a shared history of cooperative planning beginning in 1977, and previously entered into intergovernmental agreements on June 21, 1978, December 13, 1990 and most recently on July 15, 2002. The Parties desire to extend this relationship through an updated comprehensive development plan and intergovernmental agreement. B. The most recent intergovernmental agreement, effective as of July 15, 2002, (the "Previous IGA") expires, by its terms, on December 31, 2017. The Parties desire to adopt this IGA to supersede and replace the Previous IGA in order to adopt the most recent updates to the plan. C. C.R.S. § 29-20-101 et seq., as amended, authorizes the Parties to enter intergovernmental agreements to plan for and regulate land uses in order to minimize the negative impacts on the surrounding areas and protect the environment, and specifically authorizes local (i.e., municipal and county) governments to cooperate and contract with each other for the purposes of planning and regulating the development of land by means of a "comprehensive development plan." D. The County is the ultimate governmental authority regarding land use control and development in the unincorporated areas of the County, which areas include the Boulder Valley, as defined in the plan attached as Exhibit A (the "Plan" or the "BVCP"). E. The City is the only significant potential source of adequate urban facilities and services required for the orderly urban development of the Boulder Valley, where desired. F. Under C.R.S. §§ 30-28-106, -108 and -110, as amended, the County Planning Commission and the Board of County Commissioners have made and adopted a master plan for the physical development of the unincorporated area of the County, the Boulder County Comprehensive Plan. G. Under C.R.S. § 31-2 3-202, as amended, the Boulder Planning Board and the Boulder City Council have adopted the goals, policies, programs and supportive data of the Boulder Valley Comprehensive Plan. 1 J. The Parties acknowledge that this IGA may control or limit the County's authority over some properties within the County's jurisdiction but that such control or limitation is justified due to the fact that such properties are currently served by City owned municipal utilities, are bound by service agreements between the property owners and the City, and/or such properties are located within areas specially affecting the City's interests, including but not limited to entry corridors and areas of special impact upon City resources. K. The Parties find that providing for the area outside Areas I and II of the Boulder Valley Comprehensive Plan within Boulder County to remain as rural in character through the term of this IGA for the purpose of preserving a community buffer through the limitation of annexation by Boulder serves the economic and civic interest of their residents and meets the goals of the Boulder County Comprehensive Plan. L. Consistent with the municipal annexation, utility services, and land use laws of the State of Colorado, this IGA including, specifically, the annexation and open space portions hereof, is intended to encourage the natural and well-ordered future development of each Party; to promote planned and orderly growth in the affected areas; to distribute fairly and equitably the costs of government services among those persons who benefit therefrom, to extend government services and facilities to the affected areas in a logical fashion; to simplify providing utility services to the affected areas, to simplify the governmental structure of the affected areas; to reduce and avoid, where possible, friction between the Parties; and to promote the economic viability of the Parties. M. The functions described in this IGA are lawfully authorized to each of the Parties, which perform such functions hereunder, as provided in Article XX, § 6 of the Colorado Constitution, and C.R.S. §§ 29-20-101, et seq; 30-28-101, et seq; 31-12-101, et seq; and 31-23-201 and -301, etseq., as amended. N. C.R.S. § 29-1-201, et seq., as amended, authorizes the Parties to cooperate and contract with one another with respect to functions lawfully authorized to each of the Parties, and the people of the State of Colorado have encouraged such cooperation and contracting through the adoption of Colorado Constitution, Article XIV, § 18(2). O. The Parties have each held hearings after proper public notice for the consideration of entering into this IGA and the adoption of a comprehensive development plan for the Boulder Valley. P. The Parties desire to enter into this IGA in order to plan for the use of the lands within the Boulder Valley through joint adoption of a mutually binding and enforceable comprehensive development plan. AGREEMENT NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made herein, the Parties agree as follows: 1. Boulder Valley Comprehensive Development Plan. This IGA, including the Boulder Valley Comprehensive Plan text and Map attached to this IGA as Exhibit A, is hereby adopted by the Parties as a comprehensive development plan as provided in CRS. § 29- 20-105, to be known as the "Boulder Valley Comprehensive Plan" (hereinafter "the Plan"). The Plan shall govern and control the Plan Area as shown on Exhibit A, or as subsequently amended in accordance with Section 6, below. 2. Consistency with BVCP in Planning, Zoning, and Other Land Use Regulations and Actions Required. The City and the County, respectively, within their constitutional and statutory geographic jurisdictions,shall exercise their planning, zoning, subdivision, building and related land use regulatory functions consistent with the plans and policies oft he Plan, to the end of attaining the goals and objectives of the Plan. APPENDIX B INTERGOVERNMENTAL AGREEMENT WITH AMENDMENT PROCEDURES 156 3. Compliance with BVCP for Annexations Required. The City shall exercise its annexation policies and capital improvements plan consistent with the plans and policies of the Plan, to the end of attaining the goals and objectives of the Plan. 4. Term. 4.1 Term. This IGA shall extend through December 31, 2037. 4.2 Schedule for Plan Reviews. The City and the County agree that the Plan will be reviewed at least every five years for possible amendments to reflect changes in circumstances and community desires. This Agreement shall extend to all revisions and amendments of the Plan that are jointly approved from time to time by the City and the County. As part of the mid-term and major updates, each Party agrees to hold a duly noticed public hearing to determine, among other things, if the term of this Agreement should be extended an additional five years from the date of termination. 5. Amendments to the Intergovernmental Agreement. This IGA may be amended from time to time upon a majority vote of the Boulder City Council and the Board of County Commissioners. This Intergovernmental Agreement will be reviewed by the Parties during the periodic plan reviews. 6. Amendments to the Plan, Referral Process, Notices, and Errors. The procedures for Plan amendments, referrals, notices, and errors are incorporated into the Intergovernmental Agreement and are attached hereto as Exhibit B. 7. Preservation of Legislative Discretion. It is recognized that all provisions of the Boulder Valley Comprehensive Plan that require appropriation of public funds are qualified by the availability of appropriations for those purposes, and the legislative discretion inherent in the appropriation process is not limited by the adoption of the Plan. 8. Severability. If any portion of this Plan is held by a court in a final, non-appealable decision to be per se invalid or unenforceable as to any Party, the entire Agreement and the Plan shall be terminated, it being the understanding and intent of the Parties that every portion of the Agreement and Plan is essential to and not severable from the remainder. 9. Beneficiaries. The Parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of the Agreement and the Plan, and no other person or entity is so intended or may bring any action, including a derivative action, to enforce the Agreement or the Plan. 10. Enforcement. Either of the Parties may enforce this Agreement by any legal or equitable means including specific performance, declaratory and injunctive relief. No other person or entity shall have any right to enforce the provisions of this Agreement or the Plan. 11. Defense of Claims. If any person allegedly aggrieved by any provision of the Plan and who is not a Party to the Plan should sue any Party concerning such Plan provision, all Parties shall be notified promptly by any party served; any Party served shall, and any other Party may, defend such claim. Defense costs shall be paid by the Party providing such defense. 12. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and venue shall lie in the County of Boulder. BOULDER VALLEY COMPREHENSIVE PLAN157 THIS AGREEMENT is made and entered into to be effective on the later of the dates of approval by the City of Boulder or Boulder County (the “Effective Date”). Dated: 9/16/2017 CITY OF BOULDER Suzanne Jones Mayor ATTEST: City clerk City Attorney’s Office APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY: Deb Gardner, Chair Cindy Domenico, Vice Chair Elise Jones, Commissioner APPROVED AS TO FORM: County Attorney’s Office ATTEST: Clerk of the Board APPENDIX B INTERGOVERNMENTAL AGREEMENT WITH AMENDMENT PROCEDURES 158