HomeMy WebLinkAbout20010697 C R. RUSSELL ANSON
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Attorney at Law Ault Town Attorney
- --- Eaton Town Attorney
} Evans Ca City Attorney
} i n:, ? tI 8: (13 Johnstown Town Attorney
Nunn Town Attorney
820 13th street) L) (970)353-5508
Greeley, Colorado 80631 FAX: (970) 353-5722
March 7, 2001
Commissioner Bill Jerke
P. O. Box 758
Greeley, CO 80632
Dear Bill:
Enclosed you will find a copy of an Intergovernmental Agreement between Larimer County and the
Town of Windsor which was presented to the Town of Johnstown staff as a representative agreement
that they would be willing into with the Town of Johnstown as well. This Agreement has more clout
than the proposed Agreement with Weld County. In fact, if the property is developed in what they
call the Growth Management Area(similar to the Weld County Urban Growth Area), the property
owner, for immediate development in this area,would be required to sign an agreement to annex to
the Town when t roperty becomes eligible for annexation. In fact, the agreement is actually a
power of at ey t t designates the Town Clerk as an attorney-in-fact to sign the annexation
petition on behalf the property owner.
Very,truly yours,
R. ussell
Johnstown Town Attorney
RRA:sa
Enc.
Co11�c n* ale Ad(t)
2001-0697
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INTERGOVERNMENTAL AGREEMENT
(Regarding Cooperation on Managing Urban Development)
THIS AGREEMENT is executed this 8i° day of January, 2001, by and between LARIMER
COUNTY, COLORADO, a body politic organized under and existing by virtue of the laws of the
State of Colorado, hereinafter referred to as the "County" and THE TOWN OF WINDSOR, a
Colorado statutory town,hereinafter referred to as"Windsor".
WHEREAS, the Parties have determined that it is in their mutual best interests to
preserve the unique identities of communities in the northern Colorado region, and
WHEREAS, maintaining and enhancing areas of urban development in a thoughtful and
deliberate way involves cooperation in land use and transportation planning, implementation of
growth management policies, and the identification and preservation of open space and natural
areas; and
WHEREAS, concentrating urban development in areas designated for such development
affords greater efficiency in the delivery of such services as water, storm water, and sanitary
sewage disposal systems, transportation, fire and police protection and other services, and also
affords a measure of predictability to landowners and residents concerning where services will,
in the future,be provided and urban development will he permitted; and
WHEREAS, communication among local jurisdictions, special districts, property owners
and other interested parties is essential to accomplishing these ends; and
WHEREAS, the purposes of this Intergovernmental Agreement (Agreement) are as
follows.
1. Implementation of the Master Plan of Larimer County; lt
2. Implementation of the Comprehensive Plan of the Town of Windsor;
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3. Establishing effective means of joint planning and management of'urbanization
within the unincorporated portion of the County in the vicinity of Windsor; ✓
4. Assuring that urban development occurs only as urban level facilities and services
are able to be provided to it;
5. Assuring that urban development on lands eligible for annexation to Windsor is ✓
annexed to Windsor prior to development;
6. Assuring that urban development that occurs in the unincorporated portion of the
County in the vicinity of of Windsor is annexed to Windsor as soon as possible;
7. Providing effective means for the appropriate maintenance of public
improvements intended to serve urban development;
8. Discouraging"annexation wars"between Windsor and other municipalities; ✓
9. Providing a mechanism for property owners, residents, and others to have input v.
on and be informed as to where urban development will occur in the future;
10- Assuring that urban development in the vicinity of Windsor does not negatively
impact road and storm drainage systems in unincorporated Larimer County, and
to provide that when there are negative impacts, those impacts will be
appropriately mitigated; and
WHEREAS, pursuant to various statutes of the State of Colorado, local jurisdictions are
authorized to regulate the location of activities and developments, phase development of services
and facilities, regulate development on the basis of its impact on the community or surrounding
areas, plan for and regulate the use of land so as to provide for planned and orderly use of land
and protection of the environment; to cooperate or contract with other units of governuncnt for
the purpose of planning and regulating the development of land, including,but not limited to, the
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joint exercise of planning, zoning, subdivision, building, and related regulations and annexation
of property, all in a manner consistent with constitutional rights and statutory procedures; and
WHEREAS, planning and regulation of land use within the northern Colorado region is
the responsibility of individual local jurisdictions; and
WHEREAS, any provisions in this Agreement may be implemented only to the extent
legally permitted by State Law;
NOW,THEREFORE, in consideration of the covenants and obligations expressed herein,
it is hereby agreed by and between the Parties as follows:
Section 1.0 nefinitions.
Community Influence Arca. An area beyond the Growth Management Area (GMA) within
which specified types of development applications to the County will be referred to Windsor for
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comment.
Growth Management Area. That area into which urban development and annexation shall be
directed and within which urban services to support such urban development are needed and are
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• / expected to be provided by Windsor, the private sector or a special district either currently or
s nNA within the next ten (10) years, Once any portion of the GMA is annexed, that area then becomes
a part of the municipality and is no longer a part of the GMA.
Open Land. Land area not occupied by any structure or impervious surfaces.
Planned Development. Development in the County pursuant to Section 5.2 of the County Land
Use Code, or as may be amended.
Rural Areas. Areas which arc outside of either Windsor's corporate limits, Windsor's GMA or
any other municipality's GMA.
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Rural Land Uses. Land uses allowed by the County zoning outside of designated urban areas or
GMAs.
Subdivision. Development in the County pursuant to Sec. 5.1 of the County Land Use Code, or
as may be amended.
Urban Development. Any development which utilizes urban level facilities and services,
Urban Level Facilities and Services. Services such as central water, storm water and sanitary
sewage disposal systems, quick response fare protection, urban level street construction and
maintenance, and/or similar services that axe typically provided by Windsor and are necessary to
serve urban development as defined in this Agreement.
Section 2. 0 Agreemcuts.
2.1 Growth Management Area.
2.1.1 The Parties agree and recognize the GMA boundary, as identified in "Exhibit 1," -
dated December 11, 2000, attached hereto and incorporated herein, and all
subsequent amendments thereto, identifying the area within which urban
development may be located within the next ten (10) years. These boundaries are
based upon population projections, estimated residential and nonresidential
development, and acreage requirements and assessments of the ability to provide
municipal or urban level facilities and services.
2.1,2 Windsor's Comprehensive Plan for the GMA, which includes any plans for land
use, transportation, drainage, natural resources or other elements, will he specific
enough to give clear guidance, through maps and text, to the County, property
owners and developers as to what types, densities and intensities of land use are
acceptable to Windsor for any given parcel of land or area in the GMA.
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2.1.3 Once this Agreement is approved, the County will undertake the required
legislative process to propose establishing the GMA Overlay Zone and
supplemental land use regulations to implement this Agreement.
2.1.4 Windsor acknowledges that the County will not formally adopt Windsor's
Comprehensive Plan for the GMA, however, the County will recognize the land
use plan depictions of the Windsor Comprehensive Plan when proposing and
adopting supplemental regulations to the County Land Use Code for the GMA.
The County agrees that upon adoption of the GMA Overlay Zone, it will use
those principles of the Windsor Comprehensive Plan specifically adopted in the
supplemental regulations to guide growth in the GMA. The Parties further agree '-
that any responsibilities of the County with respect to Windsor's Comprehensive
Plan will he as established in this Agreement and the supplemental regulations.
Nothing in this Agreement shall be construed or applied to limit the County's
legislative authority or discretion in adopting or amending its land use regulations.
2.1.5 The County agrees that it will require rezonings, special reviews, site plans,
�t Planned Development, and special exceptions that occur in the GMA to meet
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14y� either the Larimer County development standards, as contained within the
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Latimer County Land Use Code and its technical supplements or any,other
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contained in the GMA Overlay Zone and supplemental regulations,
iIl whichever standards are more stringent.
2.1.6 The Parties agree that the County may allow reasonable modifications from the
standards where the County in its discretion determines that either (1) by reason
of exceptional physical conditions or other extraordinary and exceptional
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situations unique to such property, including, but not limited to, physical
conditions such as exceptional narrowness, shallowness, or topography, the strict
application of the standard sought to be modified would result in unusual and
exceptional practical difficulties, or exceptional and undue hardship upon the -,
1
owner of the affected property, provided that such difficulties arc not caused by
an act or omission on the part of the owner or applicant, or (2) the proposed
modification will serve to advance or protect the public interests and purposes of
the standards for which the modification is requested equally well or better than a
plan which complies with the standard for which a modification is requested. The
County agrees it will refer any proposed modifications to Windsor for its review
and a recommendation.
2.1.7 The County agrees that it will not accept any application for rezoning, special
review (including gravel extraction) or Planned Development on property that is
eligible for voluntary annexation to Windsor unless art annexation petition which
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conforms to Windsor's standard annexation conditions is submitted to Windsor �,p 4€) i
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and is subsequently denied by Windsor. If such an annexation petition is denied i"`
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by Windsor, the County may accept said application on the property and, if
appropriate, approve it in accordance with the Larimer County Land Use Code.
2.1.8 Windsor agrees that, while it may make a recommendation to the County on
rezonings, special reviews, and Planned Development within the GMA, the final
authority and discretion regarding approval, disapproval, or approval with
conditions rests with the Board of County Commissioners. If Windsor
recommends against approval and the County subsequently grants approval, the
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County agrees to provide a written statement to Windsor outlining the reasons for
approval.
2.1.9 Windsor agrees that, while it may make a recommendation to the County on
special exceptions within the GMA, the final authority and discretion regarding
approval, disapproval, or approval with conditions rests with the Larimer County v
Board of Adjustment. If Windsor recommends against approval and the County
subsequently grants approval, the County agrees to provide a written statement to
Windsor outlining the reasons for approval, ;,
2.1.10 Windsor and the County agree that, except as modified by the supplemental P
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regulations, all County regulations, stand and procedures shall continue to p Nth ' ,
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apply to developments within the GMA. The Parties agree that appeals, /r �'" y
interpretations, and variances, including those applied at the building permit r
stage, shall be processed and decided upon by the County as provided for in the
Larimer County Land Use Code.
2.1.1 1 Windsor agrees that it will strive to achieve intergovernmental agreements with
all applicable special districts which shall require the special districts to plan their
facilities according to Windsor's adopted plan for the GMA.
2.1.12 Windsor acknowledges that any amendments to its comprehensive plan for the
GMA will have no effect in the GMA without an amendment, if such is needed,
to this Agreement and to the GMA Overlay Zone, and supplemental regulations.
2.1.13 The County agrees to encourage the location of urban development only in GMAs ✓
or other areas specifically designated for urban growth per the La-Mier County
Master Plan.
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2.1.14 Windsor and the County agree to cooperate in the process of reviewing
development proposals to clearly identify the impacts of the proposed
development on infrastructure in Windsor and in the County, and particularly on
existing road and storm drainage systems. et rh"1"44
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2.1.15 The County agrees to solicit a recommendation from Windsor prior to v
establishing any improvement district within Windsor's GMA.
2.1.16 Windsor has neither actual nor implied legal obligations to provide urban level
facilities or services throughout the GMA and therefore may adopt policies of
phased, concurrent service extensions based upon the availability of Windsor's
adequate services and its own and other service providers' capabilities to extend
public services. However, Windsor expects to be able, and intends to the best of
its ability, to provide urban level facilities and services to the entire area of the
GMA within a 10-year period. Within the GMA where such urban level facilities
and services are expected to be provided by a special district, Windsor agrees that
it will strive to reach an intergovernmental agreement with the respective special
district, with this intergovernmental agreement stating that the respective special
district shall provide its respective services at an urban level within the GMA
within a 10-year period. Windsor represents that in the case'of sewer service, the
GMA is included in the North Front Range Water Quality Planning Association
Water Quality Management Plan future sewer service area.
2.1.17 To the extent that rezonings, special reviews, or Planned Development in the
GMA require the construction of off-site public improvements that are typically ,
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not associated with development in the County, Windsor agrees to provide a
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mechanism for maintenance of those off-site public improvements. Such
improvements include, but are not limited to, curbs and gutters, bicycle and
pedestrian facilities, transit facilities, traffic signals, traffic control and traffic
, calming devices, drainage facilities, streetscapes, and medians.
2.1.18 In areas where Windsor has jurisdiction and oversight over the delivery of utility
services and other services relative to public improvements, Windsor agrees to
provide a mechanism for the performance of inspections of any utility or other
public improvements provided by developers in the GMA. In areas where special
districts have jurisdiction and oversight over the delivery of utility services and
other services relative to public improvements, Windsor agrees to include in the
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intergovernmental agreement with the respective special district stipulates that the
special district will perform these inspections. The County agrees that it will
propose provisions in the supplemental regulations that Windsor or the special
district may charge developers an appropriate fee for this inspection service.
2.2 Annexations. •
2.2,1 Windsor agrees that the term "eligibility for annexation" shall mean any land that
is contiguous to the corporate limits, and that it is Windsor's policy to annex as
expeditiously as possible all lands eligible for annexation in the GMA at such
time that an annexation petition, including all required fees and supplemental (/
information, is received from the property owner{s). Windsor represents that it
fully intends to annex all lands, including enclaves, in the GMA at such time that
they become eligible for annexation based upon State annexation statutes.
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2.2.2 Windsor agrees that it will annex any enclaves as expeditiously as possible. In
the case of an enclave of undeveloped land or land that was developed in Larimer
County prior to this agreement, Windsor will consider annexation at such time
• that an annexation petition, including al! required fees and supplemental
information, is received from the property owner(s). If such an annexation
petition is not received, Windsor shall initiate annexation of such enclave within
six(6) months after the 3-year anniversary of the creation of the enclave.
223 The County agrees that, in the case of lands within Windsor's GMA boundary
which are not eligible for annexation, the County shall require applicants that are
applying for rezonings, special reviews, site plans, Planned Development, and
special exceptions after the effective date of this Agreement to sett annexation ?
agreement as a condition of development approval. Windsor agrees to annex any
such land associated with a signed annexation agreement within six (6)months of
said land becoming eligible for annexation.
2.2.4 Windsor agrees to annex property only within its GMA boundary as described in ,/
Exhibit 1.
2.2.5 Windsor agrees to annex the entire width of roadways and all roadways adjacent ✓ ?
to its corporate limits.
2.2.6 Windsor agrees that it will not annex into the GMA or Cooperative Planning Area
of another municipality, as officially recognized through an intergovernmental
agreement with I.arimer County, and Windsor further agees that it will strive to (/yea /
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achieve intergovernmental agreements with other municipalities to that effect.
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2.3 Planning Coordination.
2.3.1 The County agrees to encourage the location of urban development into areas
appropriate for such development as detailed in the Larimer County Master Plan.
2.3.2 The Parties agree that the Community Influence Area for Windsor is as shown in
"Exhibit 2," dated December 11, 2000, attached hereto and incorporated herein,
and all subsequent amendments thereto. Both parties agree that this boundary
could overlap the GMA boundaries, Cooperative Planning Area boundaries, or
Community Influence Area boundaries of other municipalities.
2.3.3 Within the GMA and Community Influence Area, the County agrees to submit
proposals for rezonings, special reviews, special exceptions, Planned
Development, Conservation Development, or Subdivision for review to Windsor
for comment. Windsor's review and comment shall be limited to whether the
proposal is consistent with the GMA Overlay Zone and supplemental regulations.
If Windsor recommends against approval and the County subsequently grants
approval, the County agrees to provide a written statement to Windsor outlining
the reasons for approval.
2.3.4 Windsor agrees to provide the County with written comments; if any, within
twenty-one (21) days after the County or its authorized representative mails to
Windsor a request for comments in accordance with state statute.
2.3.5 Windsor agrees to provide to the County an opportunity to review and comment efft
upon applications for development within Windsor that may have an impact upon ,tte
the County's public improvements, including, but not limited to, road or drainage
improvements.
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2.3.6 The Parties agree to cooperate in negotiating and adopting reimbursement
agreements to require developers of properties who have public improvements
that have been paid for by other developers to equitably reimburse those
developers who originally paid for those public improvements.
2.3.7 The Parties agree to encourage the efficient use of land and open land
preservation between communities. The Parties agree to strive to implement the
recommendations of the regional Community Separator Study, or any jointly
adopted Community Separator Plan.
2.3.8 The Parties agree to participate in the collaborative planning efforts among local
jurisdictions throughout the northern Colorado region, including transportation
planning, funding and constntction. •
2.4 Implementation.
2.4.1 The Parties agree that within one hundred and eighty (180) days from the
effective date of this Agreement they will have proposed supplemental regulations
to their Codes to implement the terms of this Agreement. Such proposed
supplemental regulations will address fees, land uses and development standards. ✓
The Parties further agree to undertake the required legislative process to propose
amending their respective land use codes or related documents and procedures as
necessary to implement this Agreement.
2.4.2 The Parties agree to (a) notify newly-elected officials, new managers and key
staff of the existence of this Agreement, and (b) on rut as-needed basis, conduct
training sessions on the procedures which are necessary to implement this
Agreement.
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2.4.3 If the Parties fail to reach agreement regarding GMAs and/or Community
Influence Areas or any other provisions contained in this Agreement, the Parties _ tC
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agree to engage a trained mediator to help them resolve the issue. q'
2.5 Performance of Agreement.
Either Party may seek specific performance or enforcement of this Agreement in a Court
of competent jurisdiction, but neither party shall have any claim or remedy for damages
arising from an alleged breach hereof against the other, nor shall this Agreement confer
on either Party standing to contest a land use decision or action of the other except as a
breach of this Agreement.
2.6 Third Party Rights.
This Agreement is not intended to modify the standing the Panics may possess
independent of this Agreement. This Agreement is between the Town of Windsor and
Larimer County and no third party rights or beneficiaries exist or are created hereby.
2.7 Amendments.
The procedures for amending this Agreement, including any boundaries associated
herewith, shall be as follows:
2.7.1 Amendments to the GMA boundary and supplemental regulations pertaining to
the GMA Overlay Zone: This Agreement is implemented by the application of
the GMA Overlay Zoning District and supplemental regulations pertaining to the
geographic area of the GMA. Therefore, the procedure for amending the GMA
shall he as specified in Sec. 4.4.5 of the Larimer County Land Use Code (Process
for Changes to Zone or Overlay Zone District Boundaries), and all subsequent
amendments thereto. The procedure for amending the supplemental regulations
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shall be as specified in Sec. 3.8 of the Larimer County Land Use Code(Amending
the text of the Code), and all subsequent amendments thereto. In no event shall
the GMA boundary and/or the supplemental documents pertaining to the GMA
Overlay Zone for Windsor be amended without the review and comment of the
Windsor.Board of Trustees.
2.7.2 Amendments to the text of this Agreement: The text of this Agreement may be
i
amended only by written agreement of both Parties. Either Party may initiate an
amendment, but any such initiation must be in writing.
2.7.3 Amendments to elements of Windsor's Comprehensive Plan within the GMA
boundary: At least thirty (30) days prior to the adoption of any amendments to
Windsor's Comprehensive Plan, Windsor shall notify the County and provide the
County with an opportunity to make comments on any such amendments to
Windsor's Comprehensive Plan that would in any way either (1) affect the GMA,
(2) call for an amendment to the GMA Overlay Zone, or (3) cause any changes to
be made to any of the supplemental regulations pertaining to the GMA Overlay
Zone. Windsor shall notify the County of any such amendment to Windsor's
Comprehensive Plan within 30 days of the adoption of any such amendment. As
a result of any amendment being made to Windsor's Comprehensive Plan, the
County shall not be obligated to amend either this Agreement, its GMA Overlay
Zone or any supplemental regulations pertaining to the GMA Overlay Zone.
2.7.4 Amendments to Windsor's Community Influence Area boundary: In order to he
recognized by both Parties, the boundary of Windsor's Community Influence V
Area may only he amended in writing upon mutual agreement of both Parties.
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2.8 Time Period of Agreement.
This Agreement shall remain in full force and effect for a period of ten (10) years
from the date of its execution. Thereafter, it shall be automatically renewed for
successive 5-year terms unless at least six (6) months prior to its scheduled
expiration, either Party should notify the other Party in writing of its decision that the
Agreement not be renewed.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and
year first written above.
TOWN OF WINDSOR, COLORADO
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By. // %17 /r' 4w�'
ATTEST: Mayor OF Wm,'.
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Town k hate i f�� e� ,
dg;-. SEAL
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APP OV,.E� t10 T ECrAL FORM: APPROVED AS T CONTENT: 0.P Co1p4'.PO
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Atton y" Town Administrator
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THE COUNTY OF LARIMER,COLORADO
By E' e�• 1. ,..-))64,,e,-"_
C air,Board of Commissioners
ATTEST:
i
— cretary Date
APPROVED AS TO LEGAL FORM: APPROVED AS TO CONTENT:
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Co ty AttorneyCouaty 'Tanager
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APPENDIX A
COLORADO STATUTES APPLIABLE TO INTERGOVERNMENTAL AGREEMENT
Pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly
of the State of Colorado has found and declared that in order to provide for planned and orderly
development within Colorado and a balancing of the basic human needs of a changing
population with legitimate environmental concerns, the policy of the State of Colorado is to
clarify and provide broad authority to local governments to plan for and regulate the use of land
within their respective jurisdictions; and
Pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly
of the State of Colorado has designated certain powers to local governments, among them the
power to regulate the location of activities and developments which may result in significant
changes in population density, the power to provide for phased developments of services and
facilities, the power to regulate the use of land on the basis of the impact thereof on the
community or surroundings areas, and the power to otherwise plan for and regulate the use of
land so as to provide planned and orderly use of land and protection of the environment in a
manner consistent with constitutional rights; and
Pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly
of the State of Colorado has authorized and encouraged local governments to cooperate or
contract with other units of government for the purpose of planning and regulating the
development of land, including but not limited to the joint exercise of planning, zoning,
subdivision, building, and related regulations; and
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Pursuant to the Municipal Annexation Act of the State of Colorado, C.R.S. 31-12-1 through 123,
towns have the authority to annex property; and
Municipalities are permitted by C.R.S. 31-12-105(1)(e) to annex land only if a majority of
landowners owning at least 50% of the land petition for annexation, the area is entirely
surrounded or owned by the municipality seeking to annex, or voters in the area approve of the
annexation.
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EXHIBIT 1
1
GROWTH MANAGEMENT AREA (GMA) - ° "
TOWN OF VV1NDSORS.
December 11, 2000 r " ,
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LEGEND
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EXHIBIT 2
COMMUNITY INFLUENCE AREA (CIA)
TOWN OF WINDSOR
December 11, 2000 ,
LEGEND
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GMA Boundary
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