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TO THE E
Annexation Impact Report
Del Camino East PUD
Town of Firestone
Weld County
Colorado
November 1998
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�qv� �\� G'C'_. P4 lit; 64, Cf'1 , S o rR 982665
TABLE OF CONTENTS
Page
I. Project Description 1
II. Municipal Services 1
III. Special Districts 2
IV. School District Impact 2
V. Annexation Agreement 3
VI. Intergovernmental Agreement With Weld County 3
VII. Exhibits 3
A. Vicinity Map
B. Annexation Maps
C. Comprehensive Plan
D. Proposed Land Use Map
E. Service Utility Map
F. IGA: Firestone and RE-1J School District
G. Annexation Agreement
H. Interim Coordinated Planning Agreement Between the Town of
Firestone, Weld County, et al.
Del Camino East PUD
Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Del Camino East PUD Annexation is
generally shown on Exhibit A and specifically shown as Exhibit B. The
area to be annexed includes approximately 235 acres of predominately
vacant land and County road right-of-way in unincorporated Weld County.
Consistent with the Municipal Annexation Act and agreed upon policy
between the Town and the County, the Town will not annex "one-half" of
any County roadway.
In conjunction with the proposed annexations, the zoning for the subject
property is anticipated to change from Weld County Planned Unit
Development zoning to Town of Firestone Planned Unit Development
zoning. Land uses associated with the proposed zoning in Firestone
include residential, retail, commercial and employment land uses. Current
activity on the property includes agriculture activities with related
accessory uses. The Town Board will review the annexation and zoning
proposals in relation to the Town's current land use and development
policies and intergovernmental agreements. A referral relative to the
proposed land use for the property has also been sent to various County
departments for comments.
The general relationship between the property and the Firestone
Comprehensive Plan Map is also shown on Exhibit C. The proposed land
use patterns are as shown in the zoning application for the property
(Exhibit D .
•
II. Municlipal Services
Municipal services for The Del Camino East PUD Annexation will be
provided in the following manner at the time of development of the
Property:
Electricity United Power or Public Service Company
Natural Gas K-N Energy and/or Public Service Company
Telephone US West
Water Town of Firestone
Prepared
11/13/98
Sewer St. Vrain Sanitation District
Fire Mountain View Fire Protection District and
Frederick Area Fire Protection District
Police Firestone Police Department
Street Maintenance Town of Firestone and/or Private Maintenance
Financing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
will be financed through impact fees, taxes, charges and/or special
improvement: districts, if necessary.
The owner/developer will primarily be responsible for the costs of water
and service facilities serving the property. A general map showing
approximate existing or planned locations of ditches, transportation
facilities, water and sewer facilities and other known utilities is shown as
Exhibit E. Access to the property will have to comply to the Town's Access
Code and Ordinance.
III. Special Districts
A. The area proposed to be annexed is within the following districts:
• Weld Library District
• St. Vrain Valley School District RE-1J
• Northern Colorado Water Conservancy District
• Mountain View Fire Protection District
• Central Weld County Water District
B. The area to be annexed will petition for inclusion into other special
districts, as appropriate.
IV. School District Impact
The Town of Firestone has sent a referral regarding this annexation and
the currently proposed land uses to the School District for referral. The
response, from the School District should be forthcoming. It can be
estimated that the maximum number of elementary students will be 124
and the middle/senior students will be 110. Also attached as Exhibit F is a
copy of the Intergovernmental Agreement between the Town of Firestone
Prepared 2
11/13/98
and the St. Vrain Valley School District RE-1J. This document further
details the estimated number of students generated and the capital
construction requirements necessary.
V. Annexation Agreement
Although all the details of an annexation agreement between the Town and
the applicant have not been negotiated, the Town of Firestone's standard
annexation agreement is attached as Exhibit G.
VI. Intergovernmental Agreement With Weld County
The Interim Coordinated Planning Agreement Between the Town of
Firestone, Weld County, et al. is attached as Exhibit H. Additionally, the
Town and the County, et al have subsequently updated this agreement
including the mutual adoption of Baseline Design Standards.
VII. Exhibits
A. Vicinity Map (on Firestone Comprehensive Plan Map)
This map shows the general location of the proposed Annexation.
B. Annexation Maps
Annexation maps for the Del Camino East PUD Annexations.
C. Comprehensive Plan
Relationship to Firestone Comprehensive Plan
D. Proposed Land Use Map
Existing and Proposed Land Use Map for the annexation.
E. Service Utility Map
Key Utility Locations.
F. IGA: Firestone and RE-1J School District and Comments
Effective June 21, 1997. Also current referral comments.
G. Annexation Agreement
Firestone's Base Annexation Agreement.
H. Interim Coordinated Planning Agreement Between the Town of
Firestone, Weld County, et al.
Prepared
11/13/98 3
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Service Utility Map
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Approximate Exhibit E
\
INTERGOVERNMENTAL AGREEMENT CONCERNING
FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES
BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
EFFECTIVE agiz I/ /497
INTERGOVLRNMB'JTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
RECITALS
1. School Site Coordination and Development Referrals 2
2. Methodology 3
3. Fair Contribution for Public School Sites Requirement 4
4. Use of Fair Contribution for Public School Sites 5
5. Exemptions From Fair Contribution for Public School Sites 6
6. Annual Report. Accounting, and Audit 6
7. Term of Agreement 7
8. Miscellaneous Provisions 7
a. Faith and Credit 7
b. Amendments 7
c. Notice 8
d. Governing Law B
e. Severability 8
f. Indemnification 8
g. Provisions Construed as to Fair Meaning B
h. Compliance with Ordinances and Regulations 8
No Implied Representations 9
j. No Third Party Beneficiaries 9
k. Financial Obligations 9
Integrated Agreement and Amendments 9
m. Waiver 9
INTERGOVERNMENTAL AGREEMENT CCfCERNlPE FAIR CONTRIBUTIONS FOR
PUELIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
THIS AGREEMENT is entered into by and between the Town of Firestone, a municipal
corporation, and the St. Vrain Valley School District RE-1J (School District), a political subdivision of
the State of Colorado, to be effective as of the day of 1997.
RECITALS
A. Local governments are encouraged and authorized to cooperate or contract with
other units of government, pursuant to C.R.S. 29-20-105, for the purpose of planning or regulating
the development of land, including, but not limited to, the joint exercise of planning, zoning,
subdivision, building, and related regulations.
a Growth in residential land development and the construction of new residential
dwellings in the Town necessitates the acquisition of additional public school sites to accommodate
the corresponding increases in the student population. Requiring land dedication or conveyance for
public school sites or payments in lieu of land dedication or conveyance for public school sites
(hereinafter collectively referred to as "Fair Contribution for Public School Sites") will provide a
portion of the land to meet such demand.
C. To provide adequate public school sites to serve the Town residents of newly
constructed residential dwelling units, it is appropriate that the School District and Town cooperate
in the area of public school site acquisition by use of Fair Contribution for Public School Sites.
D. Requiring Fair Contribution for Public School Sites implements the goals and policies of
the Town to make provision for public improvements in a manner appropriate for a modern,
efficiently functioning 1:own and to ensure that new development does not negatively impact the
provision of municipal services.
E It is a reasonable exercise of the power of local self-government to require Fair
Contribution for Public School Sites as a method of ensuring that new residential construction and
residential development bear a proportionate share of the cost of public school sines acquisition
necessary to accommodate the educational service capacity demands of the residents who will be
living in the new dwelling units.
F. Requiring Fair Contribution for Public School Sites for new residential construction and
development is reasonable and necessary to protect, enhance, and preserve the public health,
safety, and welfare of the Town's citizens.
4/28/97 - Page 1
r.
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
G The Town and School District, upon consideration of the impacts of new residential
construction and residential land development on the ability of the School District to provide public
school facilities in the Town, agree that it is in the best interests of the citizens of the Town to
mutually enter into an intergovernmental agreement for the purpose of providing for Fair
Contribution for Public School Sites, as provided in this Agreement.
H. The Town and School District do hereby define the rights and obligations of each
entity with respect to the planning, collection, and use of Fair Contribution for Public School Sites.
AGREEMENT
NOW, THEREFORE, in consideration of the objectives and policies expressed in the recitals
and the mutual promises contained in this Agreement, the Town and School District agree as
follows:
1 . School Site Coordination and Development Referrals
a. The School District agrees to locate future public school sites in conformity with the
adopted plan of the town, insofar as is feasible, and to consult with and advise the Town in writing
in advance of public school sites acquisition and site development.
b. The Town shall refer to the School District all residential land development applications
for review and comment concerning the adequacy of public school sites and facilities. The Town will
consider the School District's comments in conjunction with the review and processing of each
individual residential development application. and will implement land dedication for public school
sites or payments in lie:J of land dedication for public school sites consistent with this Agreement
and the municipal code then in effect. If a nonresidential land development application is filed with
the Town that may have influence or effect on property owned by or activities of the School
District, the Town shall also refer information pertaining to that application to the School District
for review and comment. The School District agrees to promptly review the referred development
application and promptly submit its comments, recommendations, and requests to the Town.
4/28/97 - Page 2
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBUC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
2. Methodology
a. Contemporaneous with the Effective Date and the effective date of the Town municipal
code amendment requiring Fair Contribution for Public School Sites, the Town agrees to enforce
such municipal code amendment as a precondition to the lawfully authorized construction of new
residential dwelling units not otherwise exempted under Section 5 below and the Town municipal
code.
b. The School District has adopted a methodology dated February 2. 1996
(Methodology), to determine Fair Contribution for Public School Sites for five categories of dwelling
units. The Parties agree the Methodology, attached and incorporated herein as Exhibit A, has been
developed in a manner so as to fairly apportion the cost of acquiring public school sites made
necessary by new residential development.
c. As part of the Methodology, the School District has adopted planning standards
related to facility enrollment capacities, public school site acreage requirements, and student yields
for each of five types of residential dwellings (single family homes, duplexes/triplexes, multi-family
units, condos/townhouses, and mobile homes). The Town and School District agree that the
Methodology is reasonable and the approved then-current Methodology shall apply to new
residential construction within the Town. The Methodology shall be the basis for computing Fair
Contribution for Public School Sites for new residential construction. The Town and School District
agree that the Methodology adopted by the School District shall be periodically reviewed and
revised to reflect the current standards and conditions within the School District.
d. Unless and until modified by the parties, the Methodology and its supplementary
background materials shall include, but shall not be limited to, the following factors:
(1 ) School planning standards which establish the student yields and technical and
educational specifications for facilities for each category of school facility (elementary, middle, and
high school levels), consistent with the policy of the Board of Education of the School District;
(2) The capacity demand of each category of school facility resulting from each
category of residential dwelling (single family, duplexes/triplexes, multi-family units.
condos/townhouses, and mobile homes);
(3) The means for determining the per acre fair market value of land for each type
of residential dwelling; and
4/28/97 - Page 3
.1.., v v ... ♦l V v V V
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
(4) The procedure for calculating Fair Contribution for Public School Sites required
and applicable to each type of residential dwelling.
a The Methodology shall be updated periodically as conditions warrant by the mutual
consent of the Town and the School District. A copy of the updated Methodology shall be
furnished to the Town within 30 days after its adoption by the School District. The Town shall hold
a public hearing before revising the Methodology.
3. Fair Contribution for Public School Sites Requirement
a. As Fair Contribution for Public School Sites, any person or entity, as part of an
applicable land development application shall dedicate or convey land for a public school site to the
School District, or in the event the dedication of land is not deemed feasible or in the best interests
of the School District as determined by the Superintendent or designee, the School District may
require a payment in lieu of land dedication or conveyance to me School District. The manner and
amount of either type of Fair Contribution for Public School Sites shall be as stated in this
Agreement and the incorporated Methodology. This shall not preclude the School District and any
person or entity from mutually agreeing to resolve the issue of Fair Contribution for Public School
Sites in a manner other than as stated above.
b. If the Fair Contribution for Public School Sites includes the dedication of land,
according to paragraph 3.a. above, the Town agrees before recording of the final plat to require
proof that the dedication has been made to the School District in accordance with the following
requirements:
(1 ) The person or entity has conveyed to the School District by general warranty
deed, title to the land slated for dedication, which title is to be free and clear of all liens,
encumbrances, and exceptions (except those approved in writing by the School District), including,
without limitation, real property taxes, which will be prorated to the date of conveyance or
dedication.
(2) At the time of dedication or conveyance, the person or entity shall provide a
title insurance commitment and policy in an amount equal to the fair market value of the dedicated
property. At the appropriate time, not later than the issuance of the first building permit for the
land development project, the person or entity shall also pay or provide for the payment of one-
half of street development costs, and shall either provide, or pay or make provision for the
payment of the costs associated with making improvements for water, sewer, and utilities stubbed
to the dedicated land, and for overlot grading of the dedicated land.
4/28/97 - Page 4
INTERGOVERNMENTA_AGREEMENf CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
c. The Town agrees that before issuing a building permit for any residential dwelling unit
not otherwise exempted under Section 5 below, it will require proof that the Fair Contribution for
Public School SiteS, +according to paragraph 3.a. or 3.b. above, has been received by the School
District. The superintendent of the School District, or the superintendent's designee, shall provide
such proof in a timely manner to the town clerk of the Town.
d. Nothing contained in this Agreement shall preclude the School District from
commenting to the Town upon the adequacy of public school sites or facilities, necessary in its
judgment, to serve the proposed residential land development project.
4. Use of Fair Contribution for Public School Sites
a. The School District shall hold or deposit in trust for public school sites all funds it
receives as Fair Contribution for Public School Sites, and all funds it may receive from the sale of
land dedicated or conveyed as Fair Contribution for Public School Sites. The School District shall
meet all requirements of C.R.S. 29-1-801 to -803, if applicable. The School District shall be solely
responsible for each Fair Contribution for Public School Sites it receives. No Fair Contribution for
Public School Sites shall constitute revenue of the Town under the provisions of Article X, Section 20
of the Colorado Constitution.
b. The School District shall use all funds it receives as Fair Contribution for Public School
Sites solely for acquisition, development, or expansion of public school sites or for capital facilities
planning, site acquisition, or school site capital outlay purposes within the senior high school feeder
attendance area boundaries that include the residential dwelling unit for which the Fair Contribution
for Public School Sites was paid. Subject to the limitations in this Agreement, the time for, nature.
method, and extent of each public school site planning, acquisition, or development shall be within
the sole discretion of the School District.
c. Except as otherwise provided in this Agreement, any funds received as Fair
Contribution for Public School Sites the School District has not used for acquisition or development
of public school sites within ten years of collection it shall tender for refund, with interest earned
and credited according to C.R.S. 29-1-801 to -803, to the person who made the Fair Contribution
for Public School Sites. The School District shall give written notice by first-class mail to the person
who made the Fair Contribution for Public School Sites at his or her address as reflected in the
records maintained by the School District. If the person does not file a written claim for refund of
the funds within the School District within 90 days of the mailing of such notice, the Fair
Contribution for Public School Sites refund shall be forfeited and revert to the School District to be
utilized for capital facilities or improvements that will benefit the residence for which Fair
Contribution for Public School Sites funds were paid.
4/28/97 - Page 5
f. VO
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRA1N VALLEY SCHOOL DISTRICT RE-1J
d. The School District may request the Town to extend the ten-year period of time
specified in the previous subsection. Such request shall be made at a public hearing before the
Town, which may for good cause shown, and in its discretion, extend such period of time as the
Town deems reasonable and necessary.
5. Exemptions From Fair Contribution for Public School Sites
a. The following uses within the Town's boundaries shall be excepted from Fair
Contribution for Public School Sites:
(1 ) Construction of any nonresidential building or structure;
(2) Alteration, replacement, or expansion of any legally existing building or
structure with a Comparable new building or structure which does not increase the number of
residential dwelling units:
(3) Construction of any building or structure for limited term stay or for long-term
assisted living, including, but not limited to. bed and breakfast establishments, boarding or rooming
houses, family-care homes, group-care homes, halfway houses, hotels, motels, nursing homes, or
hospices; and
(4) Construction of any residential building or structure classified as housing for
older persons, pursuant to the Federal Fair Housing Act then in effect.
6. Annual Report, Accounting, and Audit
a. The School District shall submit an annual report on or before March 1 of each year
to the Town describing the School District's use of the Fair Contribution for Public School Sites
funds during the preced,ng fiscal year. This report shall also include:
(1 ) A review of the assumptions and data upon which the Methodology is based,
including student generation ratios, and attendance area boundaries;
(2) Statutory changes or changes in the Methodology, including the School Planning
Standards, and in School District policies related to acquisition or construction of school sites and
facilities; and
4/28/97 - Page 6
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTR;SumONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-tu
(3) Any recommended modifications to Fair Contribution for Public School Sites land
areas or amounts included in the Meth000logy.
b. After receipt of the report, the Town shall review it, considering those matters listed
in the previous subsection, and complete its review within 60 days of receipt.
c. The School District shall establish and maintain a separate accounting system to
ensure that all Fair Contribution for Public School Sites funds are used according to this Agreement.
d. The School District shall cause an audit to be performed annually of the Fair
Contribution for Public School Sites funds it receives, uses, or expends under this Agreement. The
audit shall be conducted according to the generally accepted accounting principles for
governmental entities. A copy of said audit shall be furnished to the Town. The cost of the audit
shall be paid for by the School District.
e. At any time the Town deems necessary, the School District shall honor the Town's
request for an accounting from the chief financial officer of the School District concerning the
School District's use of the Fair Contribution for Public School Sites.
7. Term of Agreement
The term of this Agreement shall commence on the Effective Date, and continue for a period
of ten years thereafter unless renewed or extended by the mutual consent of the Town and the
School District. However, either party may terminate this Agreement, at any time and for any
reason, upon one year's written notice to the other party.
8 . Miscellaneous Provisions
a . Faith and Credit. Neither party shall extend the faith or credit of the other to any
third person or entity.
b. Amendments. This Agreement may be amended only by mutual agreement of the
parties and shall be evidenced by a written instrument authorized and executed with the same
formality as accorded this Agreement.
4/28/97 - Page 7
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
c. Notice. Any notice required by this Agreement shall be in writing. If such notice is
hand delivered or personally served, it shall be effective immediately upon such delivery or service.
If given by mail, it shall be certified with return receipt requested and addressed to the following
addresses:
Town of Firestone Attention; Town Clerk
P.O. Box 100
Firestone, CO 80520
St. Vrain Valley School District RE-1J
Attention: Superintendent
395 South Pratt Parkway
Longmont, Colorado 80501
Notice given by mail snail be effective upon receipt.
d. Governing Law. This Agreement and the rights and obligations of the parties
hereto shall be interpreted and construed in accordance with the laws of the Stale of Colorado.
e. Severability. If this Agreement, or any portion of it, is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions of the Agreement.
t. Indemnification. The Town agrees to cooperate in the defense of any legal action
that may be brought contesting the validity of this Agreement or the implementing ordinances. The
School District. shall be responsible for defending any such claim (whether filed against the Town,
the School District, or both); for its attorneys' fees and for the payment of any final monetary
judgment entered aga'nst the Town in any such action. Nothing contained in this Agreement shall
constitute any waiver for the Town or the School District of the provisions of the Colorado
Governmental Immunity Act or other applicable immunity defense. This provision shall survive
termination of the Agreement, and be enforceable until all claims are precluded by statutes of
limitation.
g. Provisions Construed as to Fair Meaning. The provisions of this Agreement
shall be construed as to their fair meaning, and not for or against any party based upon any
attributes to such party of the source of the language in question.
h. Compliance with Ordinances and Regulations. This Agreement shall be
administered consistent with all current and future Town laws, rules, ordinances, and regulations
concerning land dedication or conveyance for public school sites, or payment in lieu of land
dedication or conveyance for public school sites.
5/5/97 - Page 8
INTERGOVERNMENTAL.AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
I. No Implied Representations. No representations, warranties, or certifications,
express or implied, shall exist as between the parties, except as specifically stated in this
Agreement.
i. No Third Party Beneficiaries. None of the terms, conditions, or covenants in this
Agreement shall give or allow any claim, benefit, or right of action by any third person not a party
hereto. Any person cther than the Town or the School District receiving services or benefits under
this Agreement shall be only an incidental beneficiary.
k. Financial Obligations. This Agreement shall not be deemed a pledge of the credit
of the Town or the School District, or a collection or payment guarantee by the Town to the School
District. Nothing in this Agreement shall be construed to create a multiple-fiscal year direct or
indirect municipal debt or municipal financial obligation.
I. Integrated Agreement and Amendments. This Agreement is an integration of
the entire understanding of the parties with respect to the matters stated herein. The parties shall
only amend this Agreement in writing with the proper official signatures attached hereto.
m. Waiver. No waiver of any breach or default under this Agreement shall be a waiver
of any other or subsequent breach or default.
4/28/97 - Page 9
r. ,c
INTERGOVERNMENTA_AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which shall be in full
force and effect the day and year first above written.
TOWN OF FIRESTONE
By: _—
ATTEST: Mayor
• /eft 7 /997
Town Clerk Date
APP VED AS TO LEGAL FORM:
�/
CTo* Attorney
ST. VRAIN VALLEY SCHOOL DISTRICT
RE-1J n471--
/
By: President,
ATTEST: —_______--- Board of Education
/, 3/#1/97
;glary Date
4/28/97 - Page 10
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ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 19 , by and between
hereinafter referred to as or "Owner, " and
the TOWN OF FIRESTONE, a municipal corporation of the State of
Colorado, hereinafter referred to as "Firestone" or "Town" .
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone the property
more particularly described on Exhibit "A, " which is attached
hereto, incorporated herein, and made a part hereof (such property
is hereinafter referred to as "the property" ) ; and
WHEREAS, Owner has executed a petition to annex the property,
a copy of which petition is attached hereto as Exhibit "B, " and
incorporated herein and made a part hereof ; and
WHEREAS, it is to the mutual benefit of the parties hereto to
enter into the following Agreement ; and
WHEREAS, Owner acknowledges that upon annexation, the property
will be sub= ect to all ordinances , resolutions , and other
regulations of the Town of Firestone , as they may be amended from
time to time .
WHEREAS, Owner acknowledges that the need for conveyances and
dedication of certain property, including but not limited to
property for ways and easements to Firestone as contemplated in
this Agreement , are directly related to and generated by
development intended to occur within the property and that no
taking thereby will occur requiring any compensation.
"NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE
COVENANTS AS HEREINAFTER SET FORTE, IT IS AGREED BY AND BETWEEN THE
PARTIES AS -FOLLOWS:
1 . Owner agrees to execute, promptly upon request of
Firestone, any and all surveys and other documents necessary to
effect the annexation of the property and the other provisions of
this Agreement . Owner agrees to not sign any other petition for
annexation of the property or any petition for an annexation
election relating to the property, except upon request of
Firestone.
1
2 . Owner agrees to provide legal documents , surveys,
engineering work, newspaper publication, maps , and reports
determined by Firestone to be necessary to accomplish the
annexation, and agrees to pay Firestone an annexation fee in the
amount of Dollars ($ ) plus
Dollars ($__) per acre annexed.
3 . Firestone shall act upon Exhibit "B" within six months of
the date of filing thereof with the Town Clerk, unless Owner
consents to later action.
4 . The parties recognize that it is the intent and desire of
Owner to develop the property in a manner generally consistent with
the zoning requested and that the granting of such zoning by the
Town of Firestone is a condition to annexation of the property.
Owner shall take all action necessary to permit zoning by Firestone
of the annexed property within the time prescribed by state
statutes .
5 . Owner agrees to dedicate by General Warranty Deed or
appropriate instrument of conveyance acceptable to the Town, eight
percent of t:ae territory to be annexed for public open space or pay
an equivalent fee in lieu of dedication, easements and rights-of-
way for streets and other public ways and for other public
purposes , as: required by Town ordinances and resolutions . Such
dedications shall occur immediately upon request of the Town except
that internal rights-of-way shall be dedicated at the time of
subdivision platting, unless the Town specifies another time .
6 . Owner agrees to design, improve, and provide signage,
lighting, and sigralization for, all public streets and other
public ways within or adjacent to the property in accordance with
Town ordinances and resolutions and other applicable standards ,
subject to any reimbursement which may be provided for in such
ordinances , resolutions, and stindards , and to make such other
improvements as required by Town ordinances and resolutions, to
guarantee construction of all required improvements , and, if
requested by Firestone , to dedicate to Firestone any or all other
required improvements . If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other
matters prier to any development cf the property.
7 . If requested by Firestone, Owner agrees to include the
property in one or more special improvement districts cr other
mechanisms established by Firestone for making improvements to
streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints: the Town
Clerk of Firestone as Owner' s attorney-in-fact for the purpose of
executing all documents determined by Firestone to be necessary for
such inclusion. If requested by Owner, Firestone agrees to
consider the establishment of one or more special improvement
districts for making such improvements .
2
8 . Owner agrees that the design, improvement , construction,
development , and use of the property shall be in conformance with,
and that Owner shall comply with, all Town ordinances and
resolutions including, without limitation, ordinances and
resolutions pertaining to annexation, subdivision, zoning, storm
drainage , utilities , and flood control .
9 . Nothing contained in this Agreement shall constitute or
be interpreted as a repeal of the Town' s ordinances or resolutions,
or as a waiver of the Town' s legislative , governmental , or police
powers to promote and protect the health, safety, and welfare of
the Town and :.ts inhabitants ; nor shall this Agreement prohibit the
enactment or increase by the Town cf any tax or fee .
10 . No right or remedy of disconnection cf the property from
the Town shall accrue from this Agreement , other than that provided
by applicable state laws . In the event the property or any portion
thereof is disconnected at Owner' s request, Firestone shall have no
obligation to serve the disconnected property or portion thereof
and this Agreement shall be void and of no further force and effect
as to such property cr portion thereof .
11 . The parties agree that if any part, term, portion, or
provision of this Agreement is held by a court of competent
jurisdiction to be illegal or in conflict with any law of the State
of Colorado, the validity of the remaining parts , terms , portions,
or provisions shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, portion, or provision
held to be invalid.
12 . Firestone agrees to make available to the property all of
the usual municipal services in accordance with the ordinances and
policies cf the Town which services include, but are not limited
to, police protection and water and fsewer services) . Owner
acknowledges that Town services do not include, as of the date of
the execution cf this Agreement , (_`ire protection or emergency
medical services, ether services) , but the property is presently
included within the boundaries of and is entitled to receive such
services from the Fire Protection District .
13 . Owner, as a prerecuisite tc annexation, agrees to furnish
and deliver ownership to the Town the minimum water rights as
recuired under Section of the Firestone Municipal
Code . Owner represents to the Town that the Northern Colorado
Water Conservancy District water shares or other water shares
acceptable to the Town listed on Exhibit "C" , attached hereto and
incorporated herein by this reference, constitute all of the water
rights appurtenant to the Subject Property. In accordance with
Section of the Firestone Municipal Code , Owner has
3
offered to sell to the Town at current fair market value all such
appurtenant water rights remaining after furrishinc the Town with
the minimum water rights recuired by said section.
14 . [Leave blank for special provisions . ]
15 . The parties agree that they will cooperate with one
another in accomplishing the terms, conditions, and provisions of
the Agreement, and will execute such additional documents as
necessary to effectuate the same .
16 . This Agreement may be amended by the Town and any Owner
without the consent cf any other Owner as long as such amendment
affects only that Owner' s portion of the property. Such amendments
shall be in writing, shall be recorded with the County Clerk of
Weld County, Colorado, shall be covenants running with the land,
and shall be binding upon all persons or entities having an
interest in the property subject to the amendment unless otherwise
specified in the amendment . Except as otherwise provided herein,
this Agreement shall not be amended unless approved in writing by
all parties hereto.
17 . This Agreement embodies the entire agreement of the
parties . There are no promises, terms, conditions , cr obligations
other than those contained herein; and this Agreement supersedes
all previous communications, representations, or agreements, either
verbal or written, between the parties .
18 . Owner agrees to indemnify and hold harmless the Town and
the Town' s officers, employees, agents , and contractors, from and
against all 'ability, claims , and demands , including attorneys'
fees and court costs, which arise out of or are in any manner
connected with the annexation cf the property, or with any other
annexation or other action determined necessary or desirable by the
Town in order to effectuate the annexation of the property, or
which are in any manner connected with Firestone' s enforcement of
this Agreement . Owner further agrees to investigate, handle,
respond to, and to provide defense for and defend against or at the
Town' s option to pay the attorneys' fees for defense counsel of the
Town' s choice for, any such liability, claims , or demands .
19 . As used in this Agreement, the term "Owner" shall include
any of the heirs, transferees, successors, or assigns cf_ Owner, and
all such parties shall have the right to enforce this Agreement,
and shall be subject to the terms of this Agreement , as if they
were the original parties thereto.
20 . As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision cf any Town
ordinance, resolution, or policy is intended to refer to any
4
subsecuent amendments or revisions to such ordinance, resolution,
or policy, and the parties agree that such amendments cr revisions
shall be binding upon Owner.
21 . This Agreement shall be binding upon and inure to the
benefit cf the heirs , transferees, successors , and assigns hereof ,
and shall constitute covenants running with the land. This
Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner' s expense . Subject to the conditions precedent
herein, this Agreement may be enforced in any court of competent
jurisdiction.
22 . This Agreement shall be null and void if the Town fails
to approve the annexation cf the property.
23 . The Owner acknowledges that the annexation and zoning of
the property are subject to the legislative discretion of the Board
of Trustees of the Town of Firestone. No assurances of annexation
or zoning have been made or relied upon by Owner. In the event
that, in the exercise of its legislative discretion, any action
with respect to the property herein contemplated is not taken, then
the sole and exclusive remedy for the breach hereof accompanied by
the exercise of isuch discretion shall be the withdrawal of the
petition for annexation by the Owner, or disconnection from the
Town in accordance with state law, as may be appropriate..
OWNER
By:
By:
TOWN OF FIRESTONE
By:
Rick Patterson, Mayor
ATTEST:
Trudy Peterson, Town Clerk
5
ACKNOWLEDGEMENT
STATE OF COLORADO
) ss
COUNTY OF )
The above and foregoing signature cf
was subscribed and sworn to befcre me this _ day of
, 19
Witness my hand and official seal .
My commission expires on:
(SEAL)
ACKNOWLEDGEMENT
STATE CF COLORADO
) ss
COUNTY OF )
The above and foregoing signature cf
was subscribed and sworn to befcre me this day of
, 19
my hand and official seal .
My con... _on expires on:
(SEAL)
032896/1221(sarl C:firestoz\forms\annex.aon
6
ORDINANCE NO. 195
IN THE MATTER OF ADOPTING AN INTERIM COORDINATED PLANNING AGREEMENT
AMONG THE COUNTY OF WELD, CITY OF DACONO, TOWN OF FIRESTONE, AND TOWN
OF FREDERICK
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Zolorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
:he authority of administering the affairs of Weld County, Colorado, and
WHEREAS, Title 29, Article 20, CRS, authorizes and encourages local governments to
:ooperate and contract with each other for the purpose of planning and regulating the
ievelopment of land by the joint and coordinated exercise of planning, zoning, subdivisions..
wilding, and related regulatory powers, and
WHEREAS, existing and anticipated pressures for growth and development in areas
surrounding the City of Dacono, Town of Firestone, and Town of Frederick indicate that the joint
and coordinated exercise by the County of Weld snd said municipalities of their respective
)fanning, zoning, subdivision, building and related regulatory powers in such areas will best
)romote the objectives stated in this ordinance, aria
WHEREAS, the Welc County Comprehensive Plan, as amended, contemplates the
:reation of such agreements. and
WHEREAS, the attached interim Coordinated Planning Agreement has been considered
Ind approved by said municipalities,
NOW, THEREFORE, SE IT ORDAINED, by the Board of County Commissioners of the
;ounty of Weld, State of Colorado, that the attached intenm Coordinated Planning Agreement
mong the County of Weld, City of Dacono. Town of Firestone, and Town of Frederick, which
hall be incorporated by this reference, is and shall be approved.
BE IT FURTHER ORDAINED by the Board that the Chair is authorized to sign the
ttached Interim Coordinated Planning Agreement.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
entente, clause, or phrase of this Ordinance is for any reason held or decided to be
nconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
oard of County Commissioners hereby declares that it would have enacted this Ordinance in
ach and every section, subsection, paragraph, sentence, clause, and phrase thereof
respective of the fact that any one or more sections. subsections, paragraphs, sentences,
lauses, or phrases might be declared to be unconstitutional or invalid.
ft;CAj.^QCG7G f resronc rr'er,c& 970288
S71 n-1b01 F-973 04/22 :1997 01 : _3SP PC : OF 2 REC DOC
ORD195
County CO :A Suk: Tsukamoto Clerk Recorder 0 .00
n.1
December 10, 1996a
INTERIM COORDINATED PLANNING AGREEMENT
This Interim Coordinated Planning Agreement is made and
entered into between the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, State of Colorado, hereinafter called the "COUNTY, "
the CITY OF DACONO; a Colorado municipal corporation, the TOWN OF
FIRESTONE, a Colorado municipal corporation, and the TOWN OF
FREDERICK, COLORADO, a Colorado municipal corporation, hereinafter
called individually "MUNICIPALITY" and collectively the
"MUNICIPALITIES" .
RECITALS
A. The COUNTY exercises governmental authority regulating
land use, growth, and development in its unincorporated areas ,
which areas include lands surrounding each MUNICIPALITY; and
B. Each of the MUNICIPALITIES exercises governmental
authority over the same matters within its municipal boundaries ,
including annexations , and is able to provide certain municipal
services and facilities for efficient and desirable urban
development ; and
C. In Title 29 , Article 20 , Colorado Revised Statutes , the
General Assembly of the State of Colorado has _ranted broad
authority to local governments to plan for and ~regulate the
development and use of land within their respective jurisdictions ;
and
D. In said Title 29 , Article 20, Colorado Revised Statutes ,
the General Assembly has further authorized and encouraged local
governments to cooperate and contract with each other for the
purpose of planning and regulating the development cf land by the
joint and coordinated exercise of planning, zoning, subdivisions ,
building, and related regulatory powers ; and
E . Existing and anticipated pressures for growth and
development in areas surrounding each MUNICIPALITY indicate that
the joint and coordinated exercise by the COUNTY and each
MUNICIPALITY of their respective planning, zoning, subdivision,
n.;GA ; ga_c.i�n o ; ri re-S i&n r✓[dcr, c
^543373 B-1601 P-975 ii5;21 ' 1997 OI :3`:P PG 1 OF 1 + PEG DOC 970288
eld County CO Suki Tsukamoto Clerk & Recoraer C .00
December 10, 1996a
building and related regulatory powers in such areas will best
promote the objectives stated in this Agreement .
NOW THEREFORE, for and in consideration of the mutual promises
and undertakings herein set forth, the parties agree as follows :
1 . 0 PURPOSES AND OBJECTIVES . The purpose of this Agreement
is to establish procedures and standards pursuant to which the
parties will move toward greater coordination in the exercise of
their land use and related regulatory powers within the
unincorporated areas surrounding each MUNICIPALITY. The objectives
of such efforts are to accomplish the types of development in such
areas which best protect the health, safety, prosperity, and
general welfare of the inhabitants thereof by reducing the waste of
physical , financial , and human resources which result from either
excessive congestion cr excessive scattering cf population, and to
achieve maximum efficiency and economy in the process of
development .
2 . 0 DEFINITIONS . Fcr the purposes of this Agreement the
following terms shall be defined as set forth
2 . 1 Development . Any land use reauiring regulatory approval
by the elected governing body of the applicable party :n the
Urban Growth Area except for an amendment to a plat or a down-
zoning, neither of which creates any additional lots and
except for a Subdivision Exemption
2 . 2 Non-Urban Development . Land uses which typically do not
require services such as central water and sewer systems , road
networks , park and recreation services , storm drainage , and
the like, and which are generally considered to be rural in
nature, expressly including land used or capable of being used
for agricultural production and including developments which
combine clustered residential uses and agricultural uses in a
manner that the agricultural lands are suitable for farming
and ranching operations for the next forty years .
2 . 3 Recorded Exemption . The division cf_ one lot into two
or three lots pursuant to § § 11 .2 and 11 . 9 of the Weld County
Subdivision Ordinance .
`54387^-- b-1601 P-974 04/21 / 1997 01 :39P PG = flF 1 .
•
Jecember 10, 1996a
2 . 4 Southern Weld Planning Area . The area located
outside of, but within three miles of , each MUNICIPALITY' s
respective municipal boundaries as of the effective date of
this agreement .
2 . 5 Subdivision Exemption . The division of one parcel or
interest in one parcel which does not result in the creation
of a new residential or permanent building site, for
adjustment of property lines between two contiguous parcels ,
creation of lots for financing purposes , or for the temporary
use of a parcel for public utility facilities pursuant to §
11 . 11 . 1 of the Weld County Subdivision Ordinance .
2 . 6 Urban Development . Development which is
characterized by development density typical to urbanized
areas and requires services such as central water and sewer
systems , road networks , park and recreation facilities and
• programs, storm drainage, and other similar services which are
typically furnished by municipalities .
2 . 7 Urban Growth Area . All lands within the Southern
Weld Planning Area which, as of the effective date of this
Agreement , are not located within the boundaries of any of the
MUNICIPALITIES , but are defined within a MUNICIPALITY' s
comprehensive plan as being within that MUNICIPAL:TY' s Urban
Growth Area . (See attached Exhibit B, map)
3 . 0 DEVELOPMENT OF SOustERN WELD AREA LAND USE PLAN.
_ . 1 Promptly upon the execution of this Agreement the
parties will begin good faith negotiations to develop a
comprehensive development plan authorized by C .R. S . §29-20-
105 , and herein called the "Plan. " Such Plan will govern all
land use decisions in the Urban Growth Area and will contain,
at a minimum, the following : (i) specific land use standards
for each MUNICIPALITY' s Urban Growth Area tii) procedures for
COUNTY coordination with each MUNICIPAL:"Y in the review and
approval process for proposed Development , and iii)
procedures and guidelines relating to the annexation of lands ,
ail for the achievement of the purposes stated in Section 1
above .
r
-:'3s;^ =-I CI r_'7 '., ;21 1097 C1 :3'�P 7.-.
December 10, 1996a
3 . 2 It is anticipated that land use regulations
applicable to each MUNICIPALITY' s Urban Growth Area, and
applicable to the COUNTY, will include without limitation,
each party' s own comprehensive plan, and each party' s
regulations addressing the phasing of development, zoning and
subdivision, environmental and landscaping controls ,
development impact fees , specifications for the design and
construction of public improvements, and requirements
regarding the extension of streets, storm drainage, and water
and sewer utility services .
3 . 3 The parties intend to develop the Plan in sufficient
time for its adoption by all of them not later than twelve
(12 ) months after the effective date of this Agreement .
Concurrently with such adoption, the COUNTY AND EACH
MUNICIPALITY will amend its respective land use and other
regulations in such particulars as will authorize and enable
each cf them to achieve the purposes , intent , and effect of
the Plan, and to implement , administer, and enforce the same
within each party' s jurisdiction.
3 . 4 The parties shall update the Plan once every five
(5 ) years after the effective date of the Plan, unless a
greater or lesser time frame is agreed to by all of the
parties by a separate writing. The update shall include a
review of all elements of the Plan .
4 . 0 INTERIM PLANNING COORDINATION. This Agreement is •
intended to be an interim Comprehensive Development Plan adopted
and implemented pursuant to C.R. S . §29-20-105 (2 ) . Following the
execution of this Agreement by all parties , COUNTY Development
approvals in the Southern Weld Planning Area will be processed and
determined in accordance with the following :
4 . 1 Referral . The COUNTY will refer all proposals for
Development within the Southern Weld Planning area to all
three MUNICIPALITIES for their review and recommendations .
Such referral will include at least a copy of the written
Development proposal and preliminary COUNTY staff summary of
the case . The COUNTY will allow not less than twenty-one ( 2_'_)
days for each of the MUNICIPALITIES to review same and furnish
its comments , recommendations , and objections , if any, to
COUNTY staff prior to formulation of the COUNTY staff
:53572 -I^01 f_a,4 n.. . ^1 '199, 0l : ); P PC 'If
December 10, I996a
recommendation . If the MUNICIPALITIES do not respond within
such time limitation, COUNTY staff may proceed with its
recommendation . However, notwithstanding such time
limitation, any comments, recommendation, cr cbjection from
any MUNICIPALITY which is received by the County on cr before
the Thursday next preceding the meeting of the Board of County
Commissioners or Planning Commission at which the matter will
be considered will be transmitted to the Board or Commission.
If NO MUNICIPALITY submits any comment , recommendation, or
objection, the COUNTY may assume none of the MUNICIPALITIES
have any objection to the proposal . If one c: more cf the
MUNICIPALITIES submits a recommendation cr objection, the
COUNTY will either include within its written decision the
reasons for any action taken contrary to the same or furnish
such reasons to the APPLICABLE MUNICIPALITY or MUNICIPALITIES
by a separate writing.
4 . 2 Development Outside Urban Growth Area . To the
extent legally possible pursuant to the Plan and the COUNTY' s
land use regulations as described in Section 3 . 2 , the COUNTY
will disapprove all proposals for Urban Development in areas
of the Southern Weld Planning Area outside the Urban Growth
Area . This section shall not require disapproval of a
recorded exemption solely because the smaller parcel is less
than two and one-half (2H) acres in s=ize .
4 . 3 Development in Urban Growth Area . The following
shall apply to proposed Development in any MUNICIPAL:TY ' s
Urban Growth Area :
(a) Upon receipt of any proposal for
Development of property then currently eligible for
voluntary annexation to one or more of the
MUNICIPALITIES , the COUNTY will , in writing, notify the
proponent of the opportunity for annexation and notify
each such MUNICIPALITY cf the proposal .
+ 1;.. =-- 1601 ''-; . , '' 1 . :yo- :, i : 33? F:
S
December 10, 1996a
(b) An essential purpose of this Agreement is
to ensure that Urban Development will occur only within
the limits of the applicable MUNICIPALITY or in areas
which are eligible for annexation to such MUNICIPALITY.
Therefore, as a condition of approval of any rezoning,
planned unit development, subdivision, or use by special
review for any commercial or industrial use pursuant to
§31 . 4 . 18 of the Weld County Zoning Ordinance #89 , as
amended or renumbered (Exhibit A) , the COUNTY shall
require that there be executed annexation agreement
between the applicant and the MUNICIPALITY which requires
the owners to annex the property cc the MUNICIPALITY upon
the terms and conditions and within the time stated in
the agreement . No such agreement shall be required in
the case of a recorded exemption, subdivision exemption,
or use by special review for oil and gas wells .
c) The MUNICIPALITY will extend, or use its
best efforts to cause any special district providing
sewer services within the MUNICIPALITY to extend,
sanitary sewer service to property in the MUNICIPALITY' s
Urban Growth Area, subject to applicable rules and
regulations . Such rules and regulations , if the
MUNICIPALITY is the entity extending such sewer services_ ,
shall include provisions requiring a written contract for
extraterritorial service and the construction of new
mains and other facilities necessary to serve the
property, with costs of such construction assessed in
accordance with said rules and regulations . If the
MUNICIPALITY is the entity extending such sewer services ,
the MUNICIPALITY agrees to give notice of any proposed
change in such rules and regulations to the COUNTY at
least twenty-one (21) days prior to adoption .
2543872 5-1601 P-974 04/21 / 1997 C1 : 33P PO 1F 19
6
December 10, 1996a
(d) Each MUNICIPALITY provides municipal water
service tc property within its boundaries , subject to its
rules and regulations . Each MUNICIPALITY furnishes such
water service pursuant to agreements with one or more
water districts and/or water conservancy districts .
Each such agreement prohibits the applicable MUNICIPALITY
from serving outside its boundaries or outside the
boundaries; of the applicable water district . Water
service is currently available directly from one or more
of said districts in portions of the Urban Growth Area,
subject to the applicable district ' s rules and
regulations . Contemporaneously with the development of
the Plan, the MUNICIPALITY will negotiate in good faith
with the applicable water district to explore ways in
which the extension of water service within five years
outside each MUNICIPALITY ' S boundaries , particularly in
areas not presently included in a district ' s boundaries ,
can be coordinated so as to achieve the purposes stated
in Section 1 above while still recognizing the rights and
obligations of each such district .
(e) In recognition of the availability of
water and sewer service from a MUNICIPALITY or a district
within the Urban Growth Area as indicated in paragraphs
(c) and (d) above, the COUNTY will require water and
sewer service therefrom as a condition of approval of any
subdivision, rezoning or planned unit development , and
will not approve such Development until and unless the
applicant has obtained an approved written contract for
same. with the applicable MUNICIPALITY and/or district .
This Agreement shall be prima facie evidence of the
availability of munic-cal water and sewer sere=-- within tne
meaninc cf 832-1-203 (2 . E ) (a) . : . 3. 5 .
254387' 9-1001 -974 04/21 /197 01 : _29P PC - nF '. .
7
December 10, 1996a
(f) The COUNTY will not grant any waiver of
the then-current street standards of any of the
MUNICIPALITIES for any Development without the consent of
the affected MUNICIPALITY or MUNICIPALITIES . Where no
standards have been adopted, the COUNTY will apply the
MUD street standards .
(g) To the extent legally possible pursuant to
the Plan and the COUNTY' S land use regulations as
described in Section 3 . 2 , [he COUNTY will deny proposals
for Non-Urban Development in the Urban Growth Area .
Nothing in this subsection shall restrict the COUNTY from
approving, by means of a process such as a recorded
exemption or subdivision exemption, the • isolated
partition or division of an ownership parcel containing
at least one residence served by an individual sewage
disposal system at the time cf adoption of this agreement
regardless cf the size of the resulting parcels .
Nevertheless , the COUNTY will not permit any such
partition or division if the same would frustrate or
hinder genuine Urban Development , as defined in Section
2 . 6 of this Agreement , in the Urban Growth Area .
(h) :f a MUNICIPALITY' S objection to or
recommendation of disapproval of a Development proposal
is based upon a conc14 cr incompatibility between
proposed uses in the Development and the MUNICIPALITY' s
anticipated zoning classification for the property, the
COUNTY will not approve same unless , in the COUNTY ' s
judgment , (i) such conflict or incompatibility is
unlikely to occur, ( ii) that suitable mitigation measures
to be imposed by the COUNTY as conditions of approval
will eliminate ..r adequately mitigate adverse
consequences cf incompatibility or conflict , or (iii) the
MUNICIPALITY' S anticipated _cnina classification cf the
property is unreasonable because cf existing uses of
2543872 R-101 P- 7 L,, _ ] '. 99- fl 1 : 39P: 39P PG < nf 1`'
December 10, 1996a
adjacent property. The MUNICIPALITY shall be given
notice of, and may appear and be heard at, any hearing or
other proceeding at which the COUNTY will consider such
issues .
(i) The parties anticipate chat 94 . 3 ( f) - (h)
will be addressed in more detail when the Plan is
adopted.
4 .4 Mutuality of Impact Consideration. The parties
recognize that: decisions by one party regarding development
may impact property outside of each particular jurisdiction.
The parties agree that those jurisdictional boundaries will
not be the basis for giving any greater or lesser weight. to
those impacts during the course of deliberations .
4 . 5 Referrals to County. (a) The applicable
MUNICIPALITY will refer each proposal for Development which is
presented to the MUNICIPALITY, and which lies within 500 feet
of any property in unincorporated Weld County, to the COUNTY
for its review and recommendation. Such referral will include
at least a copy of the written Development proposal and maps .
The MUNICIPALITY will allow not less than twenty-one (21) days
for the COUNTY to review same and furnish its comments ,
recommendations, and objections , if any, to the MUNICIPALITY.
If the COUNTY submits no comment cr recommendation, or
objection, the MUNICIPALITY may assume the County has no
objection to the proposal . If the COUNTY submits a
recommendation or objection, the MUNICIPALITY will either
include within its written decision the reasons for any action
taken contrary to the same cr furnish such reasons to the
COUNTY by a separate writing . Where the DEVELOPMENT is
proposed as part cf an annexation, the provisions of this
section shall be teemed satisfied by compliance by the
MUNICIPALITY with the notice and impact statement provisions
of the most current version cf the Municipal Annexation Act
then in effect .
�3S7 --1601 _--," . ! ,y7 2: : : 399 90 n is
F
December 10, 1996a
(b) If any COUNTY recommendation of
disapproval cf a Development proposal within 500 feet of
any property in unincorporated Weld County is based upon
a conflict cr incompatibility between proposed uses in
the Development and the County ' s existing zoning
classification for the property, the MUNICIPALITY will
not approve same unless, in the MUNICIPALITY' s judcrment,
(i) such conflict or incompatibility is unlikely to
occur, (ii) suitable mitigation measures to be imposed by
the MUNICIPALITY as conditions of approval will eliminate
or adequately mitigate adverse consequences of
incompatibility er conflict, or ( iii) the COUNTY' S
existing zoning classification of the property is
unreasonable because of existing or planned uses of
adjacent property. The COUNTY shall be given notice of ,
and may appear and be heard at , any hearing or other
proceeding at which the MUNICIPALITY will consider such
issues .
5 . 0 ANNEXATION.
5 . 1 Each MUNICIPALITY will give serious consideration. to
all petitions for annexation cf lands with__. its Urban Growth
Area and will not decline to annex such properties except for
good cause . For the purposes of this section, good cause
includes without limitation the following : (i) the extension
of one er more municipal services to the area would place an
unreasonable economic burden on the MUNICIPALITY, on the
existing users of such services , or on the current and future
residents or owners of property in the area itself ; or • ii)
the area is not reasonably contiguous in fact to the
MUNICIPALITY ' s exi=sting boundaries , and its annexation would
result in disconnected municipal sate 1 ' _ . No MUNICIP'ALIT'Y
will annex any property located outside its Urban Growth Area
unless such property is both eligible for annexation and is
'_54337: G-1 ,01 r- 7 0:. /C, 1997 01 : _0P PG :0 L.F 1
December 10, 1996a
desired by the MUNICIPALITY for municipal functions such as
water or sewer facilities , or other municipal facilities .
5 .3 To the extent legally possible , each MUNICIPALITY
will annex the full width of each COUNTY road right cf way
adjacent to property annexed by it after the effective date of
this Agreement, unless the County determines that such an
annexation wil.1 create piecemeal road jurisdiction in which
case the more appropriate jurisdiction will be requested to
annex However if the MUNICIPALITY determines that such road
serves primarily COUNTY properties rather than existing or
newly annexed properties in the MUNICIPALITY, in which case
the MUNICIPALITY will annex none of such COUNTY road right of
way.
5 .4 Notwithstanding any provision hereof to the
contrary, no MUNICIPALITY is obligated to annex any property
within a Development approved by the County after the
effective date of this Agreement , if the Development does not
conform to the Urban Growth Standards established under 55
3 . 1 and 3 . 2 herein unless a waiver cr modification of such
standards was cranted by the COUNTY and approved b_' the
MUNICIPALITY .
5 . 5 In determininc off -site improvements to be
constructed by proponents cf Development in each MUNICIPALITY,
the MUNICIPALITY will consider identifiable impacts on the
COUNTY' s road system resulting from such Development on the
same basis as impacts to the MUNICIPALITY' s road ssystem.
6 . DEVELOPMENT FEES . As part of the Plan, the parties will
establish a schedule of development fees to be assessed in both the
Urban Growth Area . The parties will avoid duplication of
development fees to the extent feasible .
543.S72 E-]601 n-c7 74 . ' Irlir 01 : 29P P•= F !
December 10, 1996a
7 . 0 IMPLEMENTATION OF AGREEMENT. Following the mutual
execution of this Agreement each party will promptly enact and
implement such amendments to its existing land use or annexation
regulations as may be necessary to give effect to the provisions of
Sections 4 , 5 and 6 above . Each party shall have sole and
exclusive discretion to determine such measures and any new ones as
will enable it to perform this Agreement . Each party' s land use
regulations as referred to herein are ordinances or resolutions
whose amendment requires certain formalities , including notice and
public hearings . The mutual covenants in this section and
elsewhere to implement this Agreement promptly are given and
received with mutual recognition and understanding of the
legislative processes involved, and such covenants will be
liberally construed in light thereof .
8 . 0 MISCELLANEOUS PROVISIONS .
8 . 1 Severability. Should any one or more sections or
paragraphs cf .._.is Agreement be judicially determined invalid or
unenforceable, such judgment shall not affect, impair or invalidate
the remaining provisions cf this Agreement, the intention being that
the various sections and paragraphs are severable .
2543872 B-1601 P-';7 fi2' ' 1997 01 :39P PG :- OF 1P
12
December 10, 1996a
8 .2 Enforcement. Any party to this Agreement may seek
specific performance or enforcement of this Agreement in a
court of competent jurisdiction, but no such party shall have
any claim or remedy for damages arising from an alleged breach
hereof against any other party, nor shall this Agreement
confer on any party standing to contest a land use decision or
action of another, except as a breach of this Agreement , and
except as otherwise provided by law. This Agreement is
between the MUNICIPALITIES and the COUNTY and no third party
rights or beneficiaries exist or are created hereby.
8 . 3 Effective date of Agreement. The effective date of
this Agreement shall be the last date on which a party to this
Agreement approved and executed this Agreement .
8 .4 Termination. This Agreement will continue in effect
until the Plan is developed, adopted, and implemented by all
parties . Notwithstanding the foregoing, however, any party
may terminate this Agreement by giving at least twelve ( 12)
months ' written notice thereof to each of the other parties .
IN WITNESS WHEREOF, the parties have executed this Agreement
rn the dates shown below.
2543872 b-Ib01 P-R74 04/21/1997 01 :+99 PG iJ nF
13
December 10, 1996a
APPROVED AND EXECUTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE
:OUNTY OF WELD, COLORADO THIS -QV DAY OF , 1997.
1
BOARD OF COIINTY COMMISSIONERS
OF TEE COUNTY OF WELD
By: . ✓ /
George E. Baxter, Chair
=-TTEST: (stq 4 r/^,
i V J7itlj
r
Geld County rd
/7 , .;
3y: - �
Deputy Clerk to the
3-.-_ l:,01 C-'4 0:1/ 21 ' 1297 01 : :PP rc . ;,v
14
December 10, 1996a
APPROVEDAND EXECUTED BY THE CITY OF DACONO, COLORADO THIS ILA rf\-
/S DAY OF ( q , 1997.
�����ddOj'#4 CITY OF DACONO, COLORADO
r. p b.lavgN
`m° L,:E* 14ii
toriVaS1
' �0.. By: /J
Odtl /y.``
03'
.,�� bba jp Linda D . Stepien, Mayor
'llaima••`•
1TTEST:
r 3y: 7t
Nancy lli t , City Clerk
25:,3372 I�01 F' ,'a 04/_ 1 I I : "° P..
15
December 10, 1996a
APPROVED AND EXECUTED BY THE TOWN OF FIRESTONE, COLORADO THIS
DAY OF 1996 .
TOWN OF FIRESTONE, COLORADO
rc
OW,y
Rick Patterson, Mayor
:, 1LL O
HE-Sa:-
r" T ,
By:
Trudy Peterson, Town Clerk
'' . 1997 C I : ; ip r..- I r. [IF
16
December 10, 1996a
APPROVED AND EXECUTED BY THE TOWN OF FREDERICK, COLORADO THIS j 61'rH
DAY OF /9P.e / L _ 199 .
TOWN OF FREDERICK, COLORADO
By:frfiti trze .fir/
Edward Tagl [e, ayor
ATTEST:
By : 7‘7 '%�/
Karen Borkowski , Town Clerk
o2D7f'1/1uaftat)d:firestone\landue.\uaanew
__..43.672 g-1601 p-ci74 n , ; 21 ' 1997 21 : : 7
17
December 10, 1996a
7t TEIT A
31 . 4 . 18 Any use permitted as a use by right , an
accessory use, or a use by special review in
the Commercial or Industrial tone districts
provided the property is not a LOT in an
approved or recorded subdivision plat or LOTS
part of a map or plan filed prior to adoption
of any regulations controlling subdivisions .
PUD development proposals shall not be
permitted to use the special review permit
process to develop .
2541372 n-1601 P-975 04/n1/ 1917 01 : : :r PC 1 i or 1
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