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HomeMy WebLinkAboutC19-382 Town of MinturnINTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE TOWN OF MINTURN REGARDING REFERRAL OF LAND USE DEVELOPMENT APPLICATIONS AND JOINT PLANNING ACTIVITIES THIS AGREEMENT is entered into this ______________________, by and between EAGLE COUNTY, COLORADO, hereinafter referred to as the “County,” and the TOWN OF MINTURN, 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 Mile Plan Areas identified in the 2008 Minturn Three Mile Plan for Annexation or as it may be amended or replaced (the “Three Mile Planning Area”) could result in substantial impacts, both positive and negative, within the County and the Town. The necessity exists for coordinated and cooperative planning with respect to such development between the County and the Town as well as the establishment of evaluation, design and mitigation considerations for both direct and indirect on-site and off-site impacts of such development; and WHEREAS, both the Town and County are contemplating updates to their respective Master Plans, which could result in long-term planning decisions that will impact the other entity for the foreseeable future; and WHEREAS, the parties desire to enter into this Agreement at this time in order to ensure and define Town involvement as a referral agency in the review of all aspects of those development proposals subject to County review that could have impacts on the Town, and to ensure and define County involvement as a referral agency in the review of those development proposals that are subject to Town review that could have impacts on the County, including but not limited to, impacts to infrastructure, natural resources including the environment, property, and services. When used herein, the term “development proposal” means an application for development, an application for rezoning of parcels within the Three Mile Planning Area, and/or any text amendment affecting development that impacts County or Town infrastructure, natural resources, property, or services; and WHEREAS, Sections 29-1-201 and 29-20-105, C.R.S., as amended, interalia, 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: DocuSign Envelope ID: B95C4773-C8F8-4888-9CCB-A9F71339D311 11/13/2019 2 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 the Three Mile Planning 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 to provide input in the decision-making process. Although all such decisions must be consistent with and made pursuant to the standards contained in the Eagle County Land Use Regulations, as may be amended or replaced (“ECLUR”) in the event of a County review, or, the Town of Minturn Municipal Code, as may be amended or replaced (“Town Code”) in the event of a Town review, or, the state annexation statutes and the Town Code in the event of annexation, and applicable law, the Town and the County acknowledge that proposed land uses necessarily involve direct and indirect on- site and off-site impacts to both 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 proposal subject to review by either Government 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. Subject to the foregoing, this Agreement is intended to foster the following principles and benefits: a. To further the goals and intentions of the 2009 Minturn Community Plan and 2008 Minturn Three Mile Plan, as they may be amended or replaced (the “Minturn Community Plan” and the “Minturn Three Mile Plan”), to the extent they are consistent with the 2005 Eagle County Comprehensive Plan and Area Plans, as they may be amended or replaced (the “County Comprehensive Plan and Area Plans”); b. To further the policies and recommendations of the Eagle County Comprehensive Plan and Area Plans to the extent they are consistent with the Minturn Community Plan and Minturn Three Mile Plan; c. To ensure that urban scale development is appropriate and consistent with sound land use planning and development principles as depicted in the Governments’ respective planning and zoning documents; d. To ensure that both direct and indirect on-site and off-site impacts of developments are appropriately analyzed, quantified, and mitigated in land use approvals consistent with the ECLUR or Town Code, as applicable, and applicable law; e. 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; f. 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; DocuSign Envelope ID: B95C4773-C8F8-4888-9CCB-A9F71339D311 3 g. To facilitate and ensure fiscal planning for the adequate provision of essential governmental services consistent and compatible with land use and development decisions; h. 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; i. To protect the environment and quality of life through appropriate controls and standards, consistent with the ECLUR and Town Code, 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; j. To preserve, promote and protect the health, safety and welfare of the citizens of and visitors to the Town and County; k. To facilitate cooperation between the Town and County for all long range planning and community plans; and l. To provide a process for referring development proposals that may impact either the Town or County and to ensure consideration of comments and existing plans in development decisions. 2. Recognition of Three Mile Plan Boundaries and Community Plan. a. The County hereby recognizes the Town of Minturn Three Mile Plan boundaries, as they may be amended, as the urban growth boundaries (“UGB”) in the area around the Town, to the extent it is consistent with the County Comprehensive Plan and Area Plans and the ECLUR. b. In review of development proposals, County hereby agrees to consider the policies and recommendations of the Minturn Community Plan and the Minturn Three Mile Plan to the extent they pertain to Eagle County and to the extent they are consistent with the County Comprehensive Plan and Area Plans and the ECLUR. c. At pre-application conferences, 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. It the applicant wishes to develop in the County, County land use development application procedures will be followed. d. The County will solicit and consider referral comments from the Town as the County prepares or reviews changes in zoning or any development proposal involving an increase in the intensity and/or density of use(s), and which may involve the subdivision of land, a special use permit, or a 1041 application for areas within the Town’s UGB. DocuSign Envelope ID: B95C4773-C8F8-4888-9CCB-A9F71339D311 4 3. Recognition of 2005 Eagle County, Comprehensive Plan and Area Plans. a. The Town hereby recognizes the County Comprehensive Plan and Area Plans to the extent they are consistent with the Minturn Community Plan and the Minturn Three Mile Plan. b. In review of development proposals, the Town agrees to consider the policies and recommendations of the County Comprehensive Plan and Area plans to the extent they are consistent with the Minturn Community Plan and the Minturn Three Mile Plan and the Town Code. c. The Town will solicit and consider referral comments from the County as the Town prepares or reviews all development proposals that affect County infrastructure, resources, property and services. 4. Referral Process for 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 development proposals in the Three Mile Planning Area to the other entity (“Referral Entity”) for referral comments. The development proposal 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 Referral Entity will review the request under the procedures established by the Approving Entity and will determine the level of response. c. Within a reasonable time before final action on the development proposal, the Referral 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 be complied with pursuant to the rules and regulations of the Approving Entity. (2) Request a staff-level meeting to review the development proposal and discuss impacts to the Referral Entity’s infrastructure, resources, services, and property. (3) Make a written recommendation on the proposal. d. Nothing shall prevent representatives of the Referral Entity from attending noticed meetings of the Approving Entity and providing referral and/or public comment in that meeting under the rules and regulations of the Approving Entity. DocuSign Envelope ID: B95C4773-C8F8-4888-9CCB-A9F71339D311 5 e. The Approving Entity agrees to give consideration to the concerns raised by the Referral Entity, and to the extent consistent with the rules and regulations of the Approving Entity and applicable law, to consider incorporation of the recommendations made by the Referral Entity in the final action on the development proposal. f. The Town agrees that annexation agreements shall require property owners annexing and subsequently developing land to mitigate demonstrated impacts of said development on County Roads affected in accordance with the Town Code and applicable law. The County agrees to require property owners developing land in Eagle County to mitigate demonstrated impacts of said development on Town Roads, resources, services, and property affected in accordance with the ECLUR and applicable law. g. The Governments agree that final approvals for any development proposal impacting the Referral Agency shall include necessary provisions to ensure that impacts on the Referral Agency’s infrastructure, resources, services, and property are properly mitigated in accordance with the ECLUR and applicable law. 5. Referral Process for Master Plan Updates. a. In addition to the referral process 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 an impact on Town and County infrastructure, resources, property, and services) to the other Government for review and comment in accordance with the ECLUR or the Town Code, as applicable. b. The Referral Entity shall be provided adequate time within which to provide referral comments in accordance with the ECLUR or the Town Code as applicable. c. Within a reasonable time before final action on updates, changes, amendments or revisions to the Approving Entity’s Master Plans, the Referral Entity may: (1) Request copies of all documents, comments or studies prepared by or for the Approving Entity’s planning commission, and said request shall be complied with pursuant to the rules and regulations of the Approving Entity. (2) Request a staff-level meeting to review the proposed updates, changes, amendments or revisions to the Approving Entity’s Master Plans and discuss impacts to the Referral Entity’s infrastructure, resources, services, and property. (3) Make a written recommendation on the proposed updates, changes, amendments or revisions to the Approving Entity’s Master Plans. DocuSign Envelope ID: B95C4773-C8F8-4888-9CCB-A9F71339D311 6 d. Nothing shall prevent representatives of the Referral Entity from attending noticed meetings of the Approving Entity’s planning commission and providing referral and/or public comment in that meeting under the rules and regulations of the Approving Entity. 6. 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 one year from the effective date, unless terminated prior thereto by agreement of the parties. The Agreement shall automatically continue in effect for a second one-year term unless either party notifies the other not later than thirty (30) days prior to expiration of the original term that such party elects not to continue the Agreement. After the second one-year term, the Agreement shall automatically continue unless either party notifies the other that such party elects not to continue the Agreement. 7. Amendment. This Agreement may not be amended or supplemented, except by agreement signed by both parties. 8. 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 to which the Town or County are parties. 9. 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 Regulations or as otherwise provided by law, and this is not and shall not be interpreted as a waiver of any rights the Referral Entity may have to seek judicial review of a decision of the Approving Entity as provided by law, it being understood that a Referral Entity only provides referral comments and recommendations and that such referral comments and 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 Referral Entity with respect to land use or other action of the Approving Entity beyond those arising from the specific rights granted in this Agreement. DocuSign Envelope ID: B95C4773-C8F8-4888-9CCB-A9F71339D311 7 10. 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, it 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 By: __________________________________ Its: Chair ATTEST: _______________________________ Eagle County Clerk and Recorder DocuSign Envelope ID: B95C4773-C8F8-4888-9CCB-A9F71339D311