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Home My WebLink AboutC08-288 Town of Basalt Intergovernmental AgreementINTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE TOWN OF BASALT REGARDING REFERRAL OF LAND USE DEVELOPMENT APPLICATIONS AND JOINT PLANNING ACTIVITIES THIS AGREEMENT is entered into this =-~ ~ day of ~~~v~~-~ ; 2008, by and between EAGLE COUNTY, COLORADO, hereinafter referred to as the "County," and the TOWN OF BASALT, COLORADO, a Home Rule municipality, hereinafter referred to as the "Town." Together, the County and Town are referred to herein as the "Governments." WHEREAS, the Town and County acknowledge that future development within the portions of Eagle County located within the Three Male Planning Area identified in the 2007 Basalt Master Plan could result in substantial impacts, both positive and negative, within the County and the Town. The necessity exists for coordinated and cooperative planning and decision making with respect to such development between the County and the Town as well as the establishment of evaluation, design and mitigation standards for both direct and indirect on-site and off-site impacts of such development; and WHEREAS, the parties desire to enter into this Agreement at this time in order to ensure and define Town involvement in the review of those development proposals subject to County review hereunder, and to ensure and define County involvement in the review of those development proposals that have impacts on the County including but not limited to infrastructure, natural resources including the environment, and services. When used herein, the term "development proposals" means an application for development, an application for rezoning of parcels within this area, and/or any text amendment affecting development that impacts County infrastructure, natural resources, or services; and, • , ~ Eagle County and Tow 3asalt, Colorado ' Intergovernmental Agreement Page 2 of 10 WHEREAS, Sections 29-1-201 and 29-20-105, C.R.S., as amended, inter alia, authorize local governments to cooperate and contract with other governments for the purpose of planning and jointly regulating the development of land with the goal of avoiding duplication of services, jurisdictional shopping by developers, and providing for quality development affecting the Town and the County and their citizens. NOW, THEREFORE, in consideration of the obligations, covenants and terms expressed herein, the parties agree as follows: 1. Purpose and Intent Of fundamental importance to the citizens of both the County and the Town is the assurance that decisions of the County or the Town, relating to the use of land within this area are made in a manner and in accordance with a process which recognizes the need and right of all interested parties to have a reasonable opportunity for participation in the decision-making process. Although all such decisions must be consistent with the Eagle County Land Use Code, or, in the event of annexation, the state annexation statutes and the Town of Basalt Municipal Code, the Town and the County acknowledge that proposed uses necessarily involve direct and indirect on-site and off-site impacts on the County and the Town. To that end, the purpose and intent of this Agreement is to facilitate the cooperation between the Governments to ensure that any development subject to a coordinated review under this Agreement is undertaken in an orderly and efficient manner, fully integrated with existing and contemplated land uses, in order to safeguard the interests of the citizens of the County and the Town. This Agreement is intended to foster the following principles and benefits: a. To further the goats and intentions of the 2007 Basalt Master Plan, as amended; b. To further the policies and recommendations of the 2005 Eagfe County Comprehensive Plan and Area Plans, as amended; c. To assure that urban scale development is appropriate and consistent with sound land planning and development principles pending the ' ~ Eagle County and Tow 3asalt, Colorado Intergovernmental Agreement Page 3 of 10 update of the Mid Valley Community Master Plan; d. To preserve and protect sensitive areas and natural resources; including but not limited to natural wildlife habitat, cultural resources, open space, air quality, water resources, night sky preservation, view corridors, and noise mitigation; e. To maintain the natural beauty of the area to the extent possible consistent with the rights of property owners and the needs of the Town and County and their citizens; f. To facilitate and ensure fiscal planning for the adequate provision of essential governmental services consistent and compatible with land use and development decisions; g. To strongly encourage and, where appropriate, require specific assurances of adequate provisions for water, sewerage, drainage, air quality, open space, roads, parking, transportation, public services, public facilities, and affordable housing; h. To protect the environment and quality of life through appropriate controls and standards designed to provide adequate open space; to avoid unserviceable concentrations of populations; to avoid congestion on roadways; to provide for clean air; to protect water quality and eliminate stream pollution and excess sedimentation; and to prevent erosion and development on any unstable slopes; i. To preserve, promote and protect the health, safety and welfare of the citizens of and visitors to the Town and County. j. To facilitate cooperation between the Town and County for ali long range planning and community plans. 2. Support of Urban Growth Boundaries and Master Plan a. Eagle County hereby supports the Town of Basalt Urban Growth Boundaries ("UGB") as the UGB in the area around the Town unless a greater public good results in developments outside the UGB consistent with the , ' ~ Eagle County and Tow 3asalt, Colorado Intergovernmental Agreement Page 4 of 10 Town of Basalt Figures 12A-C in the 2007 Town of Basalt Master P{an. b. Eagle County hereby supports the 2007 Basalt Master Plan which is the Three Mile Plan for the Town of Basalt (to the extent it pertains to Eagle County) except in instances where it can be demonstrated that the public good would be better served with an alternative approach. c. Eagle County also intends to incorporate the 2007 Basalt Master Plan by reference in the Mid Valley Community Master Plan. d. At pre-application conferences, Eagle County will advise property owners that their property is within the UGB, and recommend that they consult with the Town regarding annexation prior to preparation of their development application. If the applicant and Town wish to pursue annexation, Town procedures for annexation and development will ensue, following the procedures outlined in Section 4 of this document. If the applicant wishes to develop in the County, County land use development application procedures will be followed, subject to the procedures outlined in Section 4 of this document. e. The County will coordinate closely with the Town as the County prepares or reviews changes in zoning for areas within the Town's UGB. 3. Support of 2005 Eaale County Comprehensive Plan and Area Plans a. The Town hereby supports the 2005 Eagle County Master Plan and Area Plans, as amended except in instances where it can be demonstrated that the public good would be better served with an alternative approach; b. The Town will coordinate closely with the County as the Town prepares or reviews development proposals that affect County infrastructure, resources and services. c. The Town will coordinate with the County as the Town prepares or reviews all applicable applications for areas within the Town's UGB. ' ~ Eagle County and Tow Basalt, Colorado Intergovernmental Agreement Page 5 of 10 4. Support of Town of Basalt River Master Plan a. To the extent that it is consistent with the interests of the County and its citizens, the County will generally support the Town's implementation of the River Master Plan. b. The County may designate a representative or representatives to participate in committees established by the Town to implement the Basalt River Master Plan of 2002. 5. Coordinated Review and Approval of Development Proposals With respect to development proposals within the Three Mile Planning Area, the parties agree to the following: a. The Town and the County agree that the entity which has final jurisdiction and with which the application is filed ("Approving Entity") will transmit all applicable land use applications in the Three Mile Planning Area to the other entity ("Reviewing Entity"). The applications will be sent to the other party no later than the time the development proposal is transmitted to the other referral entities. b. Upon receipt of a referral request, the Reviewing Entity will review the request under the procedures established . by that entity and will determine the level of response. c. Within a reasonable time before final action on the development application, the Reviewing Entity may: (1) Request copies of all documents submitted by the applicant or comments or studies prepared by or for the Approving Entity, and said request shall not be unreasonably denied and shall be complied with timely to the review of the development application. (2) Make a recommendation on the proposal. d. Within a reasonable time before final action on the development application, either the Reviewing Entity or the Approving Entity may: Eagle County and Tov Basalt, Colorado ' Intergovernmental Agreement Page 6 of 10 (1) Submit a Joint Meeting Request. Said request can be made by the respective Planning Director, the Town Manager or County Manager, Mayor, the Chair of the respective planning commission, or Board of County Commissioner Chair. Upon receipt of such request, the governing bodies shall schedule a joint meeting between the two Boards in a timely manner to ensure adequate consideration of ail concerns during the approval process. (2) Nothing shall prevent representatives of either governing body from attending noticed meetings of the Approving Entity and participating in that meeting under the rules of the governing body holding such meeting. e. Both entities agree to make every reasonable effort to give consideration to the concerns raised by the other entity, to incorporate recommendations made by that entity in the final action on the development application f. The Town agrees that annexation agreements shall require property owners annexing and subsequently developing land to mitigate impacts of said development on County Roads affected. The County agrees to require property owners developing land in Eagle County to mitigate impacts of said development on Town Roads affected. g. The Town agrees to consider affordable housing at levels equal to or greater than those sought by the County. The County agrees to consider affardable housing at levels equal to or greater than those sought by the Town. h. The Town agrees to consider sustainable building requirements at levels equal to or greater than those supported by the County. The County agrees to consider sustainable building requirements at levels equal to or greater than those supported by the Town. i. Within one year of the date of the IGA, and earlier if possible, the Town and the County shall jointly meet to discuss creating and adopting a map that shows parcels that both entities agree should be preserved as open spaces or Eagle County and Tov Basalt, Colorado Intergovernmental Agreement Page 7 of 10 adopting an alternative mechanism to satisfy similar objectives. The intent is that both governments will use their best efforts to preserve the land desired as open space by both entities. Within ninety (90) days of the date the map or other mechanism is approved by both entities, the Town and the County will use their best efforts to amend this Agreement or adopt a supplemental agreement to include the additional provisions contained therein. 6. Master Plan Update In addition to the coordinated review of development approvals provided for in Section 4 hereof, the Governments agree to refer updates, changes, amendments and revisions to the respective Master Plans of the Governments (to the extent the proposal has on the Town and County infrastructure, resources, and services) to the other Government for review and comment. The Reviewing Entity shalt be provided adequate time within which to provide referral comments. a. The Town and the County will designate a representative or representatives to participate in all long range, master planning and community plan updates or revision committees. 7. Coordination of Mitigation Requirements In order to discourage jurisdictional shopping whereby a developer seeks land use approvals from the jurisdiction requiring less mitigation, or less taxes, or perceived easier process, including but not limited to affordable housing or transportation improvements, the Town and the County agree to prepare a report no later than one-year from the date of the agreement that analyzes each jurisdiction's requirements and makes recommendations of where each jurisdiction should amend their respective requirements. The report shall also address whether sales tax revenue could be shared between the City and County to reduce the negative impacts of developers seeking approval within the County. . •~ Eagle County and Toy Basalt, Colorado • Intergovernmental Agreement Page 8 of 10 8. Enforcement It is the intent of both the Town and the County that this Agreement be binding upon both the Town and the County and that either party hereto shall be permitted to enforce this Agreement in a court of competent jurisdiction by any legal or equitable means, including specific performance, declaratory, and injunctive relief. 9. Term This Agreement shall become effective upon signature of an authorized representative of the governing body of each party, and shall remain in force and effect for five years from the effective date, unless terminated prior thereto by agreement of the parties. The Agreement shall automatically continue in effect for a second five-year term unless either parry notifies the other not later than ninety (90) days prior to expiration of the original term that such party elects not to continue the Agreement. After the second five-year term, the agreement shall automatically continue unless either party notifies the other that the Agreement shall expire. 10. Amendment Any provision of this Agreement may be amended at any time provided that prior written approval of the amendment has been obtained from both the Town Council and the Board of County Commissioners. 11. Other Agreements Nothing in this Agreement shall prevent either party from entering into specific study agreements with any private party or governmental entity. Nothing in this Agreement is intended to abrogate, limit, amend or affect the rights, remedies or equitable positions of the parties in and to any agreements or actions relating to development within which the Town or County are parties. ' ~~ Eagle County and Tou Basalt, Colorado ' Intergovernmental Agreement Page 9 of 10 12. No Waiver of Jurisdictional Authority The Approving Entity's agreement to participate in the manner specified in this Agreement is not and shall not be interpreted as a waiver of its powers, duties or jurisdiction under the Approving Entity's Code or as otherwise provided by law, and this is not and shall not be interpreted as a waiver of any rights the Reviewing Entity may have to seek judicial review of a decision of the Approving Entity as provided by law, it being understood that a Reviewing Entity only makes recommendations and that such recommendations are not legally binding or actionable. The Approving Entity's execution of this Agreement shall not be construed as an admission of jurisdiction, standing or authority of the Reviewing Entity with respect to land use or other action of the Approving Entity beyond those arising from the specific rights granted in this Agreement. 13. Severability It is hereby declared to be the intention of the parties that the sections, paragraphs, sentences, clauses and phrases of this Agreement are severable and, if any phrase, clause, paragraph, sentence, or section shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or enforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Agreement. Executed in duplicate originals on the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO ~'t Peter Runyon, Chair - ; Eagie County and Town asalt, Colorado ,- Intergovernmental Agreement Page 10 of 10 ATTEST: o ~o~ c~ *, Teak Simonton, Noun Clerk and'F~i ~ u i ~. A TOWN OF BASALT By: Leroy D roux, Mayor ~ •• l O:' ':O z~ o : SEAL • .o •. •' ~