HomeMy WebLinkAbout22-25 IGA Town of Platteville Growth & Planning Areas 02-09-2022RESOLUTION N0.22-25
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF PLATTEVILLE AND THE
TOWN OF FIRESTONE REGARDING GROWTH AND PLANNING AREAS
WHEREAS, the Town of Platteville ("Platteville") and the Town of Firestone ("Firestone")
each a municipal corporation of the State of Colorado (collectively, the "Parties"), have proposed an
intergovernmental agreement (the "Agreement"); and
WHEREAS, the State of Colorado has authorized and encouraged local govermnents to
cooperate or contract with each other for the purposes of planning or regulating the development
of land pursuant to the Local Government Land Use Control Act, C.R.S. § 29-20401, et seq.,
C.R.S. § 29-1-203, and § 18(2)(a) and 2(b) of Article XIV of the Colorado Constitution; and
WHEREAS, growth, development, and demands for municipal services exist, and will
continue to exist within the geographic vicinity of Platteville and Firestone; and
WHEREAS, certain unincorporated areas of Weld County are located between Firestone
and Platteville; and
WHEREAS, Firestone has adopted a comprehensive plan titled the Fif•estone Master• Plan
2013, in which Firestone recognizes its support of the establishment of urban growth boundaries
around municipalities; and
WHEREAS, Platteville has adopted a comprehensive plan titled Town of Platteville
Cofnprehens ive Plan, adopted February 2017; and
WHEREAS, Platteville and Firestone have identified unincorporated areas within their
respective growth boundaries which overlap; and
WHEREAS, through the Parties' respective comprehensive plans and this Agreement, the
Parties have both committed to: orderly growth and quality development; promoting economic
viability and environmental integrity of their respective communities; planning the location and
timing of activities and development which may result in increased demands for municipal
services; providing for the efficient development and extension of municipal services, facilities,
and regulations; and avoiding unnecessary duplication of governmental services; and
WHEREAS, the Parties desire to establish a growth boundary line for their respective
jurisdictional boundaries and establish respective planning areas, as described herein, for the
purposes of planning for future annexation and guiding the use of land within these described
areas; and
WHEREAS, cooperation and increased coordination between the Parties, as represented
in this Agreement, in planning for the affected geographic area will enhance the ability of the
Parties to achieve their respective and common goals; and
WHEREAS, in accardance with C.R.S. § 29-20-1055 and based on the respective
obligations of Firestone and Platteville arising from this Agreement, the Parties desire to enter into
a sales tax revenue -sharing arrangement concerning properties within an area surrounding the
Weld County Road 19 corridor.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO,
The Intergovei-�Zmental Agreement Regarding Growth and Planning Areas between the
Town of Platteville and the Town of Firestone is hereby approved in substantially the same form
as the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute
the Agreement on behalf of the Town.
INTRODUCED, READ AND ADOPTED this 9th day of February, 2022.
ATTEST:
Jes�ic,� Koenig, CM
Clerk
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PROVED TO F
William P. Hayashi,
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Attorney
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF FIRESTONE AND THE TOWN OF PLATTEVILLE
REGARDING GROWTH AND PLANNING AREAS
This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made made and
entered into this i day of �� , 2022 (the "Effective Date"), by and between
THE TOWN OF PLATTEVILLE, a Colorado municipality with an address of 400 Grand
Avenue, Platteville, CO 80651 ("Platteville"), and THE TOWN OF FIRESTONE, a Colorado
municipality with an address of 151 Grant Avenue, Firestone, CO 80520 ("Firestone") (each a
"Party" and collectively the "Parties").
WHEREAS, the State of Colorado has authorized and encouraged local governments to
cooperate or contract with each other for the purposes of planning or regulating the
development of land pursuant to the Local Government Land Use Control Act, C.R.S. § 29M20-
101, et seq., C.R.S. § 29-1-203, and § 18(2)(a) and 2(b) of Article XIV of the Colorado
Constitution;
WHEREAS, growth, development, and demands for municipal services exist, and will
continue to exist within the geographic vicinity of Platteville and Firestone;
WHEREAS, certain unincorporated areas of Weld County are located between
Firestone and Platteville;
WHEREAS, Firestone has adopted a comprehensive plan titled the Firestone Master
Plan 2013, in which Firestone recognizes its support of the establishment of urban growth
boundaries around municipalities,
WHEREAS, in February 2017, Platteville adopted a comprehensive plan titled Town of
Platteville Comprehensive Plan;
WHEREAS, Platteville and Firestone have identified unincorporated areas within their
respective growth boundaries which may overlap;
WHEREAS, through the Parties' respective comprehensive plans and this Agreement,
the Patties have both committed to: orderly growth and quality development; promoting
economic viability and environmental integrity of their respective communities; planning the
location and timing of activities and development which may result in increased demands for
municipal services; providing for the efficient development and extension of municipal
services, facilities, and regulations; revenue sharing of sales tax revenues; and avoiding
unnecessary duplication of governmental services;
WHEREAS, the Parties desire to establish a growth boundary line for their respective
east/west jurisdictional boundaries and establish respective planning areas, as described herein,
for the purposes of planning for future annexation and guiding the use of land within these
described areas;
WHEREAS, cooperation and increased coordination between the Parties, as represented
in this Agreement, in planning for the affected geographic area will enhance the ability of the
Parties to achieve their respective and common goals; and
WHEREAS, in accordance with C.R.S. § 29-20-105, and based on the respective
obligations of Firestone and Platteville arising from this Agreement, the Parties desire to enter
into a sales tax revenue -sharing arrangement concerning properties within an area surrounding
the Weld County Road 19 corridor.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Designation of Growth Boundai-v Line. The boundary line that marks the
jurisdictional growth boundaries between Firestone and Platteville is depicted on the map
identified as Exhibit A. attached hereto and made a part hereof, and generally is described as
the eastern boundary of Weld County Road 19 from State Highway 66 (County Road 30) south
to County Road 24 (the "Growth Boundary Line").
2. Designation of Planning Areas. Platteville hereby designates a planning area
east of the Growth Boundary Line south of Highway 66 and north of County Road 24 as
depicted in the map attached hereto as Exhibit B and made a part hereof. Firestone hereby
designates a planning area west of the Growth Boundary Line south of Highway 66 as depicted
in the map attached hereto as Exhibit C and made a part hereof. Collectively, Exhibit B and
Exhibit C shall be referred to herein as the "Planning Areas."
3. Annexation of Territory Relative to Growth Boundary Line.
(a) Platteville. Platteville agrees not to annex, enter into any agreement to annex,
commence proceedings to annex or entertain a petition to annex any territory which lies west of
the Growth Boundary Line as shown on Exhibit A. Platteville may annex and provide its
services west of the Growth Boundary Line only with the prior written approval of Firestone.
(b) Firestone. Firestone agrees not to annex, enter into any agreement to annex,
commence proceedings to annex, nor entertain a petition to annex any territory which lies east
of the Growth Boundary Line as shown on Exhibit A. Firestone may annex and provide its
services east of the Growth Boundary Line only with the prior written approval of Platteville.
Firestone shall annex the entirety of the Weld County Road 19 right -of --way along the Growth
Boundary Line and shall have full operational control and maintenance responsibility of such
portion of Weld County Road 19 as the same may be widened in accordance with Paragraph
5(g) hereof.
(c) Annexation Proceedings. Each Party agrees that it shall not become directly or
indirectly involved with the annexation proceedings of the other Party within the other Party's
Planning Area, or oppose the other Party's annexation of property within its respective Planning
Areas, as such Planning Areas are described in Paragraph 2 above and shown on Exhibit B and
Exhibit C.
(d) Annexation Petitions. In the event either Party is contacted by any person or
entity in connection with a request for annexation of land which lies in the other Party's
Planning Area, the contacted Party shall refer such person or entity to the other Party for
disposition.
4. Adoption of Development Plan. It is the intent of the Parties that this
Agreement is a mutually binding and enforceable "development plan" established pursuant to
C.R.S. §§ 24-32-3209 and 29-20A05. To that end, each Party shall cause notice and a copy of
this Agreement to be provided to each neighboring jurisdiction as defined in C.R.S. § 24-32-
3209(1)(h) within 30 days of execution of this Agreement by the Parties. The Parties further
represent that they will each take appropriate actions to reflect the existence of this Agreement
in the Parties' respective comprehensive plans and three-mile plans.
5. Coordination of Plannins Areas.
(a) Platteville. Platteville shall provide Firestone with a referral notice and a copy
of any annexation petition or application for initial zoning, rezoning, planned unit development,
variance, conditional use or special use or subdivision affecting any property within
Platteville's Planning Area as depicted in the map attached hereto as Exhibit B, for Firestone's
review and comment at least 21 days prior to any formal action thereon by any official,
commission, agency or governing body of Platteville. In reviewing any such application for
initial zoning, rezoning, planned unit development, variance, conditional use or special use or
subdivision application, Firestone shall consider future land uses and the effects of the proposal
on the character and land uses currently existing in the Planning Areas.
(b) Firestone. Firestone shall provide Platteville with a referral notice and a copy of
any annexation petition or application for initial zoning, rezoning, planned unit development,
variance, conditional use or special use, subdivision or injection well affecting any property
within Firestone's Planning Area as depicted in the map attached hereto as Exhibit C, for
Platteville's review and comment at least 21 days prior to any formal action thereon by any
official, commission, agency, board or governing body of Firestone. In reviewing any such
application for initial zoning, rezoning, planned unit development, variance, conditional use or
special use, subdivision, or injection well application, Platteville shall consider future land uses
and the effects of the proposal on the character and land uses currently existing in the Planning
Areas.
(c) Roadwav Maintenance and Access. Absent separate agreement, surface
maintenance of any right -of --way shall be the ►•esponsibility of the municipality within which the
right -of --way lies. All access to Weld County Road 19 shall be permitted through Firestone in
accordance with Firestone's Design Standards and Construction Specifications for Public
Improvements, as amended. Firestone shall not impose any limitation on vehicular access or
use of Weld County Road 19 so as to specifically exclude farm or agricultural vehicles and
equipment, or to exclude new access solely because of objection by Firestone to the type of the
new adjacent land use permit(s) granted by Platteville.
(d) Transportation Planning. To facilitate the coordination of transportation
planning efforts, the Parties ag►•ee to evaluate the0r respective comprehensive plans or
transportation master plans to include any jointly designated transportation plans and standards
for roadways that the Parties may develop within the Planning Areas.
(e) Common Utility Corridor. The Parties agree to work cooperatively to establish
a common utility corridor to service the properties located both to the east and west of the
Growth Boundary Line and to minimize surface impacts within the right -of --way of Weld
County Road 19.
(f) Regional Recreational Planning. The Parties agree to cooperate with each other
and other affected agencies and individuals in the planning and implementation of recreational
opportunities within the Planning Areas, including without limitation regional trail connectivity.
(g) Ultimate Right -of --Way for WCR 19. The Parties acknowledge that Weld
County Road 19 is planned to be expanded to 120' in width at full build -out. To facilitate the
acquisition of right-of-way necessary for this future roadway expansion, Firestone and
Platteville shall each adopt procedures whereby property owners abutting Weld County Road
19 will reserve future right -of --way at time of annexation and convey or dedicate necessary
right -of --way to Firestone at the time of subdivision, site plan approval, or other development
approval.
6. _Notice of Comprehensive Plan Amendments. Each Party shall comply with
the provisions of C.R.S. § 24-32-3209(2)(a) by providing written notice at least 15 days in
advance of the first public hearing at which a Party will consider any comprehensive plan or
comprehensive plan amendments. The Party to whom the referral is sent may provide written
comments or objections any time prior to adoption of the comprehensive plan or plan
amendments. In the event mediation is requested as part of the objection, such mediation shall
be conducted in accordance with C.R.S. § 24-32-3209(2)(b) and (2)(c).
7. Revenue Sharing.
(a) Purpose. The Parties acknowledge and agree that the implementation of this
Agreement and the provision of services, improvements, right -of --way maintenance and other
obligations will require significant resources of each Party. To that end, the Parties agree that it
is in the best interests of their respective residents and constituents that certain sales tax
revenues be shared between them.
(b) Revenue -Sharing. The Parties hereby designate gone -mile corridor extending
one-half mile east and one-half mile west of the centerline of Weld County Road 19 between
State Highway 66 and Weld County Road 24, as depicted in the attached Exhibit D, as the
Revenue Sharing Area ("RSA"). All sales tax revenues collected and received by each Party
within the RSA shall be shared and distributed (the "Shared Sales Tax Revenues") as follows:
(i) Firestone's sales tax is currently imposed at the rate of 3.6%, of which 0.6% is to
be used exclusively for the new Firestone police station (the "Police Building Sales
Tax") and 1.0% is to be used exclusively for capital improvements (the "Firestone
Capital Improvement Sales Tax"). See §§ 3.08.040(C) and 3.08.080(A) of the Firestone
Municipal Code. Firestone shall share with and remit to Platteville 45% of Sales Tax
Revenues it collects from retail sales within the RSA, exclusive of sales tax revenues
derived from the Police Building Sales Tax and the Firestone Capital Improvement Tax.
(ii) Platteville's sales tax is currently imposed at the rate of 3.0%, of which I.0% is
to be used exclusively for capital improvements (the "Platteville Capital Improvement
Tax"). Platteville shall share with and remit to Firestone 55% of Sales Tax Revenues it
collects from retail sales within the RSA, exclusive of the Platteville Capital
Improvement Tax.
(iii) Firestone's higher percentage share of Shared Sales Tax Revenues (55%) is
based on Firestone's obligations for repair, replacement and maintenance of Weld
County Road 19,
(c) Implementation. Each Party shall distribute to the other Party its respective
share of the Shared Sales Tax Revenues no later than 30 days fo Ilowing the end of the calendar
quarter during which the Shared Sales Tax Revenues is received. The Parties shall cooperate in
adopting administrative procedures to implement the distribution of the Shared Sales Tax
Revenues.
(d) Recordlceeping• Audit. Each Party will keep accurate books and records of all
deposits of Shared Sales Tax Revenues, and all disbursements of Shared Sales Tax Revenues to
the other Party. To the extent allowed by law, each Party shall have the right to inspect the
applicable records of the other Party to verify the amounts of any Shared Sales Tax Revenues
made or due; and both Parties shall cooperate and take such actions as may be necessary to
aHow such inspection.
(e) Subordinate to Existing_Obli atg ions. Notwithstanding anything herein to the
contrary, the revenue sharing obligations of the Parties shall be subject and subordinate to the
Parties' respective obligations, covenants, and representations contained in or incorporated in
any municipal ordinance, resolution, indenture, underwriting agreement, or other document
pertaining to the authorization, issuance, payment, or sale of any bonds, notes, certificates,
indentures, or other evidences of borrowing (except as may be specifically provided otherwise
in any such document), whether now or heretofore in existence, executed, issued, or incurred,
the intent being that such obligations, covenants, and representations have and will take
precedence over those set forth herein, and will be met, complied with, satisfied, and discharged
in accordance with such documents prior to any distribution of moneys hereunder.
(f) Changes in Tax Structure. In the event of a significant change in the Colorado
sales tax structure, the Parties shall cooperate in amending this Agreement to accomplish the
intended purpose of continuing the revenue sharing provisions in a manner that resembles those
provisions as closely as possible.
(g) TABOR. It is understood and agreed that for purposes of the applications of the
revenue limitations contained in Article X, § 20 of the Colorado Constitution ("TABOR"), all
revenues collected and distributed to the other Party shall be deemed revenues collected solely
for the purpose of passing those revenues through to the receiving Party, and the receiving Party
shall be obligated to count and include such revenues for TABOR purposes. Further, the
financial obligations imposed upon each of the Parties under this Agreement are subject to the
annual appropriation of monies by the Parties to fund those obligations and shall not constitute
a mandatory charge, requirement, debt or liability beyond the current fiscal year. It is the intent
of both Parties to annually appropriate such monies to fulfill their respective financial
obligations hereunder.
8. Term and Termination. The term of this Agreement shall commence on the
Effective Date and shall terminate on December 31, 2031 ("Initial Term"). Thereafter, it shall
automatically renew for successive 5 year terms, commencing on January 1, 2032, unless
written notice of nonrenewal is served on the other Party at least 60 days prior to the end of a
term. This Agreement may be terminated before the end of the Initial Term only with the
written consent of both Parties, as expressed in a joint resolution passed by a majority vote of
the Platteville Board of Trustees and the Firestone Board of Trustees.
9. Remedies. Should either Party fail to comply with the provisions of this
Agreement, the other Party, after providing written notification to the non -complying Party and
upon the failure of said Party to achieve compliance within 90 days after said notice, may at its
option either terminate this Agreement in its entirety or seek appropriate relief, including all
remedies available at law or in equity, but excluding monetary damages.
10. Consents/Annrovals. When this Agreement calls for the consent or approval of
a Party, to be effective, such consent or approval shall be in the form of a resolution duly
enacted by the Platteville Board of Trustees or the Firestone Board of Trustees, as appropriate.
11. Subiect to Annual Annronriation. Consistent with Articleof the
Colorado Constitution, any financial obligation of either Party not performed during the current
fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond
the current fiscal year. To the extent that any obligation under this Agreement is deemed to
constitute a multiple fiscal year financial obligation pursuant to Article X, § 20 of the Colorado
Constitution, the performance of such obligation is conditioned upon annual appropriation by
the Platteville Board of Trustees or the Firestone Board of Trustees, as appropriate, and in the
sole discretion of that governing body.
12. Amendment. This Agreement may be amended in writing only by the mutual
agreement of the Parties.
13. No Third Party Rights. This Agreement is made solely for the benefit of the
Parties, and is not intended to nor shall it be deemed to confer rights to any persons or entities
not named as Parties.
14. Severability. If any provision of this Agreement is deemed invalid, the validity
and effect of any other provision shall not be affected; and such invalid provision shall be
deemed deleted from this Agreement in a manner to give effect to the remaining provisions,
except that if a requirement or limitation in such provision is declared invalid as to one Party, it
shall likewise be deemed invalid as to the other Party.
15. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when hand -delivered or sent pre -paid, first class United States Mail to the
Party at the Party's address set forth on the first page of this Agreement.
16. Governina Law and Venue. This Agreement shall be governed by the laws of
the State of Colorado, and any legal action concerning the provisions hereof shall be brought in
Weld County, Colorado.
17. Entire Agreement. This Agreement constitutes the entire understanding,
contract, and agreement between the Parties as to the subject matters herein set forth.
18. Governmental Immunity. The Parties and their officers, attorneys and
employees are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations and any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or
otherwise available to the Parties and their officers, attorneys or employees.
19. Police Powers Reserved. Nothing herein shall be construed to limit or impair
either Party's police powers.
IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the
Effective Date.
TOWN OF PLATTEVILLE,
CQLORADO
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ATTEST:
Mayor
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