HomeMy WebLinkAbout2020 BVCP Exhibit B Amendment ProceduresBOULDER VALLEY COMPREHENSIVE PLAN 159
Exhibit B: Boulder Valley Comprehensive Plan -
Amendment Procedures
Contents
Intro .............................................................................................................................................159
Summary Matrix ...........................................................................................................................160
A. Types of Changes ....................................................................................................................161
1. Land Use Map Changes ...................................................................................................161
2. Area II/III Boundary Changes............................................................................................161
a. Service Area Expansions and Contractions ..................................................................161
b. Area III Rural Preservation Expansions and Contractions ............................................165
c. Planning Area Expansions and Contractions................................................................166
3. Policy & Text Changes ......................................................................................................166
B. Procedures for changes ...........................................................................................................166
1. Changes that may be considered at any time ..................................................................167
2. Map only update ..............................................................................................................167
3. Mid-term Update ..............................................................................................................167
4. The Major Update ............................................................................................................168
5. Schedule & Process of Updates........................................................................................168
C. Referral Process ......................................................................................................................169
D. Notification ............................................................................................................................169
E. Errors ......................................................................................................................................169
F. IGA Extension........................................................................................................................ 170
Intro
The Boulder Valley Comprehensive Plan is a joint policy document legislatively adopted by the City of
Boulder and Boulder County. The plan is updated periodically to respond to changed circumstances or
community needs. Changes to the comprehensive plan fall into four categories:
• Changes that may be considered at any time
• Changes that may be considered during a map-only update
• Changes that may be considered during a mid-term update
• Changes that may only be considered during the major update
The table below summarizes the different types of changes, when they may be considered, and the
decision-making bodies that approve them. When the table refers to the decision-making bodies that
approve changes:
• “city” means Planning Board and City Council;
• “county” means the County Planning Commission and Board of County Commissioners; and
• “city and county” means Planning Board, City Council, County Planning Commission, and Board of
County Commissioners.
APPENDIX B INTERGOVERNMENTAL AGREEMENT WITH AMENDMENT PROCEDURES 160
WHEN WHO HOW
Type Map
Only
Mid-
term
Major
Update
Any-
time Approval Bodies Who may
Initiate1 Criteria
LAND USE MAP
All types of Land Use Map
changes X X X -
City (Area I & II Call-up to
BOCC for Area II)
City and County (Area III)
All Sec. A.1.
Land Use Map changes related
to rezoning, subcommunity/area
plan or annexation only
---X
City (Area I & II Call-up to
BOCC for Area II)
City and County (Area III)
City, Prop.
owner Sec. A.1.
PLANNING AREAS MAP - AREA II/III BOUNDARY
Service Area Expansion (Area III to Area II) or Contraction (Area II to Area III)
MINOR ADJUSTMENTS: Area III
– Rural Preservation to Area II X X X -
Under 5 acres: City
Over 5 acres: City, call-up
to BOCC
All Sec.
A.2.a.i
SERVICE AREA EXPANSION:
Area III - Planning Reserve to
Area II
-X X -City and County City Sec.
A.2.a.ii
SERVICE AREA EXPANSION:
Reinstatement of Area III - Rural
Preservation back to Area II
-X X -City and County Prop.
owner
Sec.
A.2.a.ii
SERVICE AREA CONTRACTION:
Area II to Area III Rural -
Preservation
-X X -City and County All Sec.
A.2.a.iii
Rural Preservation Expansion or Contraction
RURAL PRESERVATION
EXPANSION:
Area III - Planning Reserve to
Area III - Rural Preservation
--X -City and County All Sec.
A.2.b.i
RURAL PRESERVATION
CONTRACTION:
Area III - Rural Preservation to
Area III - Planning Reserve
--X -City and County All Sec.
A.2.b.ii
Planning Area Expansion or Contraction
Expansion or contraction of Area
III outer boundary -X X -City and County City and
County
Sec.
A.2.c.i
POLICIES
Minor edits -X --City and/or County All Sec. A.3.
Major edits -X X -City and/or County All Sec. A.3.
TEXT
Plan and Program Summaries;
Urban Service Criteria and
Standards; Subcommunity and
Area Plan section
-X X X City All -
1 All: Members of the public, property owners, city staff, county staff, city approval bodies (Planning Board, City Council); county approval
bodies (Planning Commission, Board of County Commissioners)
City: city staff and approval bodies
County: county staff and approval bodies
Public: Members of the public including, but not limited to, property owners
Property Owners: Owners of property subject to proposed change
Summary Matrix
BOULDER VALLEY COMPREHENSIVE PLAN 161
A. Types of Changes
1. Land Use Map Changes
Description
The Land Use Map is not intended to be a zoning map. Instead, it provides policy direction and definition
for future land uses in the Boulder Valley.
Criteria
To be eligible for a Land Use Map change, the proposed change:
a) on balance, is consistent with the policies and overall intent of the comprehensive plan;
b) would not have significant cross-jurisdictional impacts that may affect residents, properties or
facilities outside the city;
c) would not materially affect the land use and growth projections that were the basis of the
comprehensive plan;
d) does not materially affect the adequacy or availability of urban facilities and services to the immediate
area or to the overall service area of the City of Boulder;
e) would not materially affect the adopted Capital Improvements Program of the City of Boulder; and
f) would not affect the Area II/Area III boundaries in the comprehensive plan.
Decision-making
Land Use Map changes in Area I & II are a city decision, with call-up to the county as described in the
referral & call up procedures. Changes in Area III are a city and county decision.
2. Area II/III Boundary Changes
a. Service Area Expansions and Contractions
i. Minor Adjustment to the Service Area (Area III-Rural Preservation to Area II)
Description
A minor adjustment to the service area boundary is a small, incremental service area expansion that
creates a more logical boundary. A change in designation of land from Area III to Area II may be eligible
to be approved as a minor service area boundary adjustment based on the following criteria:
Applicability
a) Maximum size: The total size of the area must be no larger than ten acres. Residential areas larger
than 10 acres may be considered if the area consists of substantially developed properties below
the Blue Line along the western edge of the service area.
b) Minimum contiguity: The area must have a minimum contiguity with the existing service area of
at least 1/6 of the total perimeter of the area.
Criteria
a) Logical Service Area boundary: The resulting Service Area boundary must provide a more logical
Service Area boundary (Area III/II), as determined by factors such as:
1. more efficient service provision,
2. a more identifiable edge to the urbanized area or neighborhood,
3. a more functional boundary based on property ownership parcel lines or defining natural
features.
APPENDIX B INTERGOVERNMENTAL AGREEMENT WITH AMENDMENT PROCEDURES 162
b) Compatibility with the surrounding area and the comprehensive plan: The proposed change of
Area III to II must be compatible with the surrounding area as well as on balance, the policies and
overall intent of the comprehensive plan.
c) No major negative impacts: It must be demonstrated that no major negative impacts on
transportation, environment, services, facilities, or budget will result from an expansion of the
Service Area.
d) Minimal effect on land use and growth projections: The proposed change of Area III to II change
does not materially affect the land use and growth projections that were the basis of the
Comprehensive Plan.
e) Minimal effect on service provision: The proposed change of Area III to II does not materially affect
the adequacy or availability of urban facilities and services to the immediate area or the overall
Service Area of the City of Boulder.
f) Minimal effect on the city’s Capital Improvements Program: The proposed Area III to II change does
not materially affect the adopted Capital Improvements Program of the City of Boulder.
g) Appropriate timing: The proposed Area III to II change will not prematurely open up development
potential for land that logically should be considered as part of a larger Service Area expansion.
Decision Making
Minor Adjustments to the Service Area boundary are a city decision for areas five acres and under. For
areas greater than five acres, the Board of County Commissioners may call-up a city decision for its
review under the procedures described below.
ii. Service Area Expansions: Planning Reserve (Area III-Planning Reserve to Area II)
Description
The Area III-Planning Reserve is identified on the Area I, II, III map and includes approximately 500
acres of land outside the existing service area of the City of Boulder. The Area III–Planning Reserve is
not currently eligible for urban services or annexation. This area was established at the conclusion of a
comprehensive analysis of Area III; when city and county determined that only a small amount of Area
III should be contemplated for future urban expansion, and then only if detailed planning for the area
indicates community benefits exceed potential negative impacts. The area was chosen for its location
and characteristics based upon the apparent lack of sensitive environmental areas, hazard areas and
significant agricultural lands, the feasibility of efficient urban service extension, and contiguity to the
existing Service Area, to maintain a compact community.
The Area III-Planning Reserve is that portion of Area III where the city intends to maintain the option
of Service Area expansion for future urban development in response to priority community needs that
cannot be met within the existing Service Area.
While Service Area expansion into the Area III-Planning Reserve may occur over time in several separate
actions, it must result in a logical expansion of the Service Area. The needs of future generations should
be considered any time a Service Area expansion of the Planning Reserve is contemplated.
Baseline Urban Services Study Required
The City of Boulder will complete a baseline urban services study of the Area III-Planning Reserve prior
to considering a service area expansion. The purpose of the study is to learn more about the feasibility
and requirements to provide urban services to the area, and to understand potential phasing and logical
areas of planning and potential expansion. The city may undertake preparing the baseline urban service
study at any time for all or a portion of the Planning Reserve, and should include, but is not limited to
an analysis and inventory of the existing infrastructure and service capacity (such as needed upgrades
to the water, wastewater, and stormwater or facilities and distribution system, additional fire stations or
BOULDER VALLEY COMPREHENSIVE PLAN 163
vehicles and police protection needs, transportation network connections, capacity of existing schools,
urban parks), inventory of existing uses in the Area III-Planning Reserve, and identification of logical
Service Area expansions (areas and/or phasing). The completed study will be reviewed by the Planning
Board and accepted by the City Council.
Service Area expansion process
a) Service Area expansion consideration
The city may consider a service area expansion into the Area III-Planning Reserve following
acceptance of the baseline urban services study. Service Area expansion may occur at a mid-term
or major update to the BVCP. At the beginning of each BVCP update, the Planning Board and City
Council will hold a public hearing to determine if there is interest in considering a Service Area
expansion as part of that update. If the city is interested in considering a Service Area expansion, a
planning effort to solicit and identify priority community needs will begin. The city will hold public
hearings and decide whether the identified needs are of sufficient priority based on the eligibility
criteria below to warrant preparation of a Service Area expansion plan. Prior to the public hearings
by the city, the identified needs will be referred to the county.
Criteria for Initiating a Service Area Expansion Plan
In order to initiate a service area expansion plan there must be sufficient community need. In
determining whether there is sufficient community need, the city will consider the following factors:
a. Community Value: Expansion will address a long-term community value as articulated in the
Comprehensive Plan.
b. Capacity: The need for a service area expansion cannot be met within the existing Service
Area because there is not suitable existing or potential land/service capacity.
c. Benefit: Expansion will benefit the existing residents in the Boulder Valley and will have a
lasting benefit for future generations.
b) Service Area Expansion Plan
An expansion plan for priority community needs is anticipated to be similar in scope to an Area Plan,
as described in the Comprehensive Plan and will be developed by the city in coordination with the
county. If the city initiates preparation of a service area expansion plan, it will include, but not be
limited to the following information:
a. The location and amount of land area needed;
b. Other uses that are needed or desired based on the identified needs;
c. Conceptual land use and infrastructure plans, to ensure adequate facilities and services can
be provided;
d. General annexation requirements to further comprehensive plan goals and policies;
e. Requirements and conditions for the city and the private sector for development, including
on-site and off-site mitigation of impacts; and
f. Anticipated development phasing.
Approval of a Service Area Expansion Plan
A service area expansion plan approval and change from Area III-Planning Reserve to Area II will
consider the following:
a. Minimum size: In order to cohesively plan and eventually annex by neighborhoods and to
build logical increments for infrastructure, it is encouraged that the minimum size of the parcel
or combined parcels for Service Area expansion be at least forty acres.
b. Minimum contiguity: The parcel or combined parcels for Service Area expansion must have a
minimum contiguity with the existing service area of at least 1/6 of the total perimeter of the
area.
APPENDIX B INTERGOVERNMENTAL AGREEMENT WITH AMENDMENT PROCEDURES 164
c. Provision of a community need: Taking into consideration an identified range of desired
community needs, the proposed change must provide for a priority need that cannot be met
within the existing service area.
d. Logical extension of the service area: The resulting service area boundary must be a logical
extension of the service area. Factors used in making this determination include but are not
limited to an efficient increment for extending urban services; a desirable community edge
and neighborhood boundary; and a location that contributes to the desired compact urban
form.
e. Compatibility with the surrounding area and comprehensive plan: The proposed Area III-
Planning Reserve area to Area II change must be compatible with the surrounding area and
on balance, the policies and overall intent of the comprehensive plan.
f. No major negative impacts: The Service Area Expansion Plan must demonstrate that community
benefits outweigh development costs and negative impacts from new development and
that negative impacts are avoided or adequately mitigated. To this end, the Service Area
Expansion Plan will set conditions for new development, and it will specify the respective
roles of the city and the private sector in adequately dealing with development impacts.
g. Appropriate timing for annexation and development: A reasonable time frame for annexation is
projected within the planning period after Area III-Planning Reserve area land is brought into
the service area.
Decision-making
Initiating a service area expansion plan is a city decision. Approval of a service area expansion plan
and change from Area III – Planning Reserve to Area II will be decided by the City and County.
iii. Service Area Contractions (Area II to Area III-Rural Preservation Area)
Description
A Service Area contraction removes land from the city’s Service Area, due to a change in circumstances.
Applicability
a) Minimum size: No minimum or maximum size.
b) Minimum contiguity: No contiguity required.
Criteria
Proposed changes from Area II to Area III-Rural Preservation Area must meet the following criteria:
a) Changed circumstances: Circumstances have changed that indicate either the development of
the area is no longer in the public interest, the land has or will be purchased for open space, or,
for utility-related reasons, or the City of Boulder can no longer expect to extend adequate urban
facilities and services to the area within 15 years.
b) Compatibility: Any changes in proposed land use are compatible with the surrounding area and
on balance, the policies and overall intent of the comprehensive plan.
Decision-making
Changes from Area II to Area III – Rural Preservation are a city and county decision.
iv. Service Area Reinstatement (Area III – Rural Preservation Area back to Area II – Service Area)
The owner of property that has been moved from Area II to Area III may request that the change be
reevaluated under the same procedures and criteria that were used to make such a change for a period
ten years after the change was made. Thereafter, such properties will be subject to all of the procedural
requirements of this section.
BOULDER VALLEY COMPREHENSIVE PLAN 165
b. Area III Rural Preservation Expansions and Contractions
i. Area III-Rural Preservation Area Expansions (Area III-Planning Reserve to Area III-Rural
Preservation)
Description
An Area III – Rural Reservation expansion removes land from the Area III – Planning Reserve, due to a
change in circumstances.
Applicability
Land to be considered for a change from Area III-Planning Reserve to Area III-Rural Preservation must
have a minimum contiguity with the Area III-Rural Preservation area of at least 1/6 of the total perimeter
of the area.
Criteria
Expansion of the Area III-Rural Preservation Area must meet the following criteria:
a) Changed Circumstances: There is a desire and demonstrated need for expansion of the Area III-
Rural Preservation Area due to changed circumstances, community needs, or new information
on land use suitability (e.g., environmental resource or hazard constraints, feasibility of efficient
extension of urban services, and compact and efficient urban form).
Decision-making
Changes from Area III-Planning Reserve to Area III-Rural Preservation are a city and county decision.
ii. Area III-Rural Preservation Contractions (Area III-Rural Preservation Area to Area III-Planning
Reserve)
Description
An Area III – Rural Preservation contraction results in land being removed from rural preservation and
identification as Area III – Planning Reserve, for potential future inclusion into the service area.
Applicability
Land to be considered for a change from Area III-Rural Preservation Area to Area III-Planning Reserve
must have a minimum contiguity with the Area III-Planning Reserve area or the existing service area (Area
I or Area II) of at least 1/6 of the total perimeter of the area.
Criteria
Contraction of the Area III-Rural Preservation Area must meet the following criteria:
a) There is a demonstrated need for contraction of the Area III-Rural Preservation Area due to
changed circumstances, community needs, or new information on land use suitability (e.g.,
environmental resource or hazard constraints, feasibility of efficient extension of urban services,
and compact and efficient urban form)
Decision-making
Changes from Area III- Rural Preservation to Area III- Planning Reserve are a city and county decision.
APPENDIX B INTERGOVERNMENTAL AGREEMENT WITH AMENDMENT PROCEDURES 166
c. Planning Area Expansions and Contractions
i. Boulder Valley Planning Area Expansions or Contractions
Description
A Planning Area boundary expansion or contraction changes the outer boundary of the area of joint
planning between the city and county.
Applicability
An Area III outer boundary change may be initiated by the city or the county.
Criteria
A Planning Area Boundary change must meet the following criteria:
a) There is a demonstrated need that either expansion or contraction of the planning area is
necessary due to changed circumstances or past error in determining the boundary.
Decision-making
Changes to the Planning Area Boundary are a city and county decision.
3. Policy & Text Changes
Description
The policies of the Boulder Valley Comprehensive Plan are contained within Chapter III of the plan.
Decision-making
a) Where the “county” alone is referred to in the policy, the policy may be amended by the county,
after referral to the city.
b) Where the “city” alone is referred to in the policy, the policy may be amended by the city, after
referral to the county.
c) All other policies will be construed to be joint city and county statements of policy, and are to be
amended by joint action.
d) Where a particular “area” is not specified in the policy text, the policy will apply to all areas.
B. Procedures for changes
This section describes the process and procedures for approving proposed changes to the BVCP. There are
four types of procedures for changing the plan:
1. Changes that may be considered at any time
2. Map-only Update
3. Mid-Term Update
4. Major Update
BOULDER VALLEY COMPREHENSIVE PLAN 167
1. Changes that may be considered at any time
i. Scope:
Changes that may be considered at any time include:
• Changes to the Land Use Map concurrent with rezoning, annexation, or adoption/amendment
of a subcommunity or area plan
• Changes to the Subcommunity and Area Plan section (Ch. V)
• Changes to the Master Plan and Program summaries (Ch. VI)
• Changes to the Urban Service Criteria and Standards (Ch. VII)
ii. Schedule and Process
A request initiated by the property owner concurrent with a rezoning, development application, or
annexation application must be submitted in writing to the city’s Planning Department and must address
the criteria for processing the request separately from a plan update. All other changes must be initiated
by the city or county.
iii.Referrals
The city will make a referral with preliminary comments to the county Land Use Department for comment.
For land use changes the county will have 30 days after receipt of the referral to provide written notice
to the city as to whether the proposed change meets the criteria.
2. Map only update
Changes to the comprehensive plan Land Use Map and Area I, II, III Map may be proposed as otherwise
provided for in this plan or in a map only update. A map only update may be initiated between mid-term
and major updates as needed. The purposes of the map only update are to provide an opportunity for the
city and county, as well as the public to request changes to the plan that do not involve significant city and
county resources to evaluate, to clean up mapping discrepancies and to make minor adjustments to the
service area boundary. The map only update is not intended to be a time to consider significant Land Use
Map changes, or any policy changes.
Changes that may be considered during a map only update include:
• Changes to the Land Use Map in Area I or II.
• Minor Adjustments to the Service Area Boundary.
3. Mid-term Update
A mid-term update will be initiated at some point between major updates. The purposes of the mid-term
update are to address objectives identified in the last major update and review progress made in meeting
those objectives, provide an opportunity for the public to request changes to the plan that do not involve
significant city and county resources to evaluate, and make minor additions or clarifications to the policy
section. The mid-term update is not intended to be a time to consider major policy changes.
Changes that may be considered during a mid-term update include:
• Changes to the Land Use Map.
• Changes to the Area I,II,III Map.
• Planning Area boundary changes.
• Minor edits to the policy section (Ch. III).
• Minor text edits.
APPENDIX B INTERGOVERNMENTAL AGREEMENT WITH AMENDMENT PROCEDURES 168
• Changes to the Subcommunity and Area Plan section (Ch. V).
• Changes to the Master Plan and Program summaries (Ch. VI).
• Changes to the Urban Service Criteria and Standards (Ch. VII).
4. The Major Update
The comprehensive plan will be reviewed at least every 10 years for potential amendments to reflect
changes in circumstances and community desires.
Changes that may be considered during a major update include:
• Changes to the Land Use Map.
• Changes to the Area I,II,III Map.
• Rural Preservation Area Expansions or contractions.
• Planning Area boundary changes.
• Edits to the policy section (Ch. III).
• Edits to the plan text.
• Changes to the Subcommunity and Area Plan section (Ch. V).
• Changes to the Master Plan and Program summaries (Ch. VI).
• Changes to the Urban Service Criteria and Standards (Ch. VII).
5. Schedule & Process of Updates
a) Schedule: Prior to the beginning of each update, the city Planning Department and the county Land
Use Department will establish a process and schedule for the update. The schedule and process
will be revised as needed during the review process. The process will include an opportunity for
landowners and the general public to submit requests for changes to the plan. During major
updates, policy changes should precede map changes.
b) Screening: Proposed changes from the public, staff and approval bodies will be reviewed by the
city Planning Department, which will prepare a recommendation in consultation with the county
Land Use Department on which proposals should go forward and which proposals should receive
no further consideration. The bodies will consider all requests for changes together with the staff
recommendations at initial public hearings and will compile a list of proposed changes to be
considered during the update based upon:
• consistency with the purposes of the update as described above,
• available resources to evaluate the proposed change (city and county staffing and budget
priorities),
• consistency with current BVCP policies, and
• compatibility with adjacent land uses and neighborhood context.
c) Further study & initiation of hearings: After a list of proposed changes to be considered during the
update has been determined, the city Planning Department and county Land Use Department will
study, seek appropriate public input, and make recommendations concerning proposed changes.
Requests for changes to the comprehensive plan that affect an area designated Open Space will
be reviewed by the city Open Space Board of Trustees and the county Parks and Open Space
Advisory Committee. The board of trustees will make a recommendation prior to any action on
that change. The bodies will then initiate the hearings on whether to approve, modify or deny any
of the proposed changes.
BOULDER VALLEY COMPREHENSIVE PLAN 169
C. Referral & Call-up Process
As part of the cooperative planning process, the City of Boulder and Boulder County have established the
following referral process for certain types of land use and public improvements activity within the Boulder
Valley. A referral is a written communication from the Planning Department of either the city or the county
to the Planning Department of either the county or the city, respectively, in which there is contained either
a request for or a response to a request for review and comment on the above-described.
Responses to all referrals will be based upon the Boulder Valley Comprehensive Plan, including all
applicable policies, maps, and implementation documents, and applicable codes, agreements, ordinances,
and resolutions of the respective jurisdictions.
All referral requests and responses of departments of the city and the county will be received, reviewed
and communicated through the respective planning departments, with the understanding that referral
responses may be reviewed by the Planning Board or Planning Commission and/or the City Council or
Board of County Commissioners at the referee’s discretion.
Complete referral responses will be made within 30 days of receipt. The referrer will consider all referral
responses or the fact that there have been no responses before proceeding with the activity proposed.
The city will not grant or deny applications for out-of-city water and sewer permits for development activities
in Area II unless it has first received a referral response from the county.
The Board of County Commissioners may call up the following city decisions:
• Minor adjustments to the service area boundary over 5 acres in size.
• Area II Land Use Map changes over 5 acres in size.
The call up provisions do not apply to enclaves, city-owned land, and properties along the western edge
of the service area below the blue line. After approval of a city decision that is eligible for a call-up,
the city planning department will notify the county planning department of the decision. If the Board of
County Commissioners chooses to call-up the decision within 30 days of the final city decision, it will hold a
public hearing to approve or deny the change within 60 days of the call-up decision. The Board of County
Commissioners may approve or deny the change or approve and request the city modify the approval. Any
change to the comprehensive plan that is a result of a call up by the county will be final upon approval by
both the city and the Board of County Commissioners.
D. Notification
Any property owner whose property would be affected by a proposed change in land use designation or
by service area expansions, contractions or boundary changes will receive timely written notice that such
change or changes will be considered. Planning staff will exert its best efforts to provide such notice within
30 days of receiving a request that is to be considered. However, no hearing to approve or deny any such
proposal will be held unless planning staff notified the affected property owner in writing at least 30 days
prior to the date set for the hearing on the proposed change.
To provide general public notice, the city Planning Department will publish a Comprehensive Plan map
indicating where the proposed changes are located and a description of each change at least ten days prior
to the first public hearing to consider the proposed changes.
E. Errors
If a discrepancy is found to exist within the Boulder Valley Comprehensive Plan that is clearly a drafting
error, mapping discrepancy or a clerical mistake, either the city or the county, after a referral request to the
other agency, may correct such error.
AMENDMENT TO BOULDER VALLEY COMPREHENSIVE DEVELOPMENT PLAN
INTERGOVERNMENTAL AGREEMENT
DATED SEPTEMBER 26, 2017
This “Amendment” is made as of the 2nd day of March, 2021, by and between the City
of Boulder, Colorado, a Colorado home rule city (“City”), and the County of Boulder, a body
politic and corporate of the State of Colorado (“County” or “Boulder County”). The City and
County are together referred to as the “Parties.”
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
July 15, 2002. Most recently, the Parties entered into the Boulder Valley Comprehensive
Development Plan Intergovernmental Agreement dated September 26, 2017 (“IGA”).
B. The IGA has a term through December 31, 2037. The IGA requires the Parties,
with each mid-term and major update, to hold a duly noticed public hearing to determine, if the
term of the IGA should be extended for an additional five years from the date of the termination.
C. A duly noticed public hearing was held by the City Council on December 15,
2020. Following the public hearing, the City Council voted to extend the term of the IGA for an
additional five years, through December 31, 2042. A duly noticed public hearing was held by the
Board of County Commissioners on March 2, 2021. Following the public hearing, the Board of
County Commissioners voted to extend the term of the IGA for an additional five years, through
December 31, 2042.
D. The Parties wish to amend the terms of the IGA to extend the IGA for an
additional five years, through December 31, 2042.
NOW THEREFORE, in consideration of the above and the mutual covenants and
commitments made herein, the Parties agree to amend the IGA as follows:
1. Section 4.1 of the IGA is replaced by the following section, to read:
1.1 Term. This IGA shall extend through December 31, 2042.
2. By this Amendment, the Parties agree to extend the term of the IGA for five
years, through December 31, 2042.
3. Except as amended herein, the IGA shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have set their hands to this Amendment on the day
and year above first written.
[SIGNATURE PAGE FOLLOWS]
1
Clerk of the Board
BOARD OF COUNTY COMMISSIONERS OF
BOULDER COUNTY
Chair
Vice Chair
Commissioner
ATTEST:
APPROVED AS TO FORM:
County Attorney’s Office
2
CITY OF BOULDER
Sam Weaver, Mayor
ATTEST:
Elesha M. Johnson, City Clerk
APPROVED AS TO FORM:
City Attorney’s Office