HomeMy WebLinkAbout21-43 IGA City of Fort Lupton Growth & Planning Areas 04-14-2021RESOLUTION N0.21-43
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT LUPTON AND THE
TOWN OF FIRESTONE REGARDING GROWTH AND PLANNING AREAS
WHEREAS, the City of Fort Lupton ("Fort Lupton") 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"), a copy of which is attached hereto; and
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
A land pursuant to the Local Government Land Use Control Act, C.R.S. § 29-20-101, et seq.,
C.R.S. § 294-203, 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 Fort Lupton and Firestone; and
WHEREAS, certain unincorporated areas of Weld County are located between Firestone
and Fort Lupton; and
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; and
WHEREAS, Fort Lupton has adopted a comprehensive plan titled Picture Fort Lupton,
adopted June 18, 2018; and
WHEREAS, Fort Lupton 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
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; and
1
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, the Parties, after notice and public hearing, have adopted resolutions
approving this Agreement, which resolutions are attached hereto and incorporated by this
reference.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO,
The Intergovernmental Agreement Regarding Growth and Planning Areas between the
City of Fort Lupton and the Town of Firestone is hereby approved in substantially the same form
as the copy attached hereto as "Exhibit A" and made a part of this resolution. The Mayor is
authorized to execute and deliver the Agreement on behalf of the Town upon the City of Fort
Lupton's approval and execution of the Agreement.
INTRODUCED, READ AND ADOPTED this 14th day of April, 2021.
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�,�.STON� TOWN OF FIRESTONE, COLORADO
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EXHIBIT A
Intergovernmental Agreement between the City of fort Lupton and the Town of Firestone
regarding Growth and Planning Areas
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4706628 04/20/2021 04.33 PM
Total Pages: 9 Rec Fee: $53.00
Carly Koppes - Clerk and Recorder, Weld County, CO
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT LUPTON AND THE TOWN OF
FIRESTONE REGARDING GROWTH AND PLANNING AREAS
This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made by and between
THE CITY OF FORT LUPTON, a Colorado municipality with an address of 130 South McKinley
Avenue, Fort Lupton, Colorado 80621 ("Fort Lupton"), and THE TOWN OF FIRESTONE, a Colorado
municipality with an address of 151 Grant Avenue, Firestone, Colorado 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. § 29-20-101, 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 Fort Lupton and Firestone; and
WHEREAS, certain unincorporated areas of Weld County are located between Firestone and Fort
Lupton; and
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; and
WHEREAS, Fort Lupton has adopted a comprehensive plan titled Picture Fort Lupton, adopted
June 18, 2018; and
WHEREAS, Fort Lupton 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 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; 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, the Parties, after notice and public hearing, have adopted resolutions approving this
Agreement, which resolutions are attached hereto and incorporated by this reference.
4706628 04/20/2021 04.33 PM
Page 2 of 9
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 Boundary Line. The boundary line that marks the jurisdictional
growth boundaries between Firestone and Fort Lupton 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 one half -mile south of Weld County Road 18 to Weld County Road 24 ("Growth Boundary
Line").
2. Designation of Planning Areas. Fort Lupton hereby designates a planning area east of
the Growth Boundary Line 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 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."
Annexation of Territory Relative to Growth Boundary Line.
(a) Fort Lupton. Fort Lupton 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. Fort Lupton 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 Fort Lupton. 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 County Road 19 as the same may be widened in accordance
with Paragraph 5(g) below.
(c) Annexation Proceedings. Each Party agrees that it shall not become directly or indirectly
involved with the annexation proceedings of the other Party, 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
29-20-105. 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 thirty (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.
4706628 04/20/2021 04.33 PM
Page 3 of 9
5. Coordination of Planninu Areas.
(a) Fort Lupton. Fort Lupton 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, subdivision or injection well affecting any property within Fort Lupton's
Planning Area as depicted in the map attached hereto as Exhibit B, for Firestone's review and comment at
least twenty-one (21) days prior to any formal action thereon by any official, commission, agency, council
or governing body of Fort Lupton. In reviewing any such application for initial zoning, rezoning, planned
unit development, variance, conditional use or special use, subdivision, or injection well application
proposal, 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 Fort Lupton 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 Fort Lupton's review and comment
at least twenty-one (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 proposal,
Fort Lupton shall consider future land uses and the effects of the proposal on the character and land uses
currently existing in the Planning Areas.
(c) Roadway Maintenance and Access. Absent separate agreement, surface maintenance of
any right-of-way shall be the responsibility 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 may be amended from time to time.
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 Fort Lupton.
(d) Transportation Planning. To facilitate the coordination of transportation planning efforts,
the Parties agree to evaluate their 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 but not limited to 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 Fort Lupton shall adopt procedures whereby
property owners abutting Weld County Road 19 will reserve fixture 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
4706628 04/20/2021 04.33 PM
Page 4 of 9
other development approval in accordance with law.
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 fifteen 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. Term and Termination. The term of this Agreement shall commence on the date of
mutual execution hereof by the Parties (the "Effective Date") and shall terminate on December 31, 2031
("Initial 10-Year Term"). Thereafter, it shall automatically renew for successive one (1) year terms,
commencing on January 1, 2032, unless written notice of nonrenewal is served on the other Party at least
thirty (30) days prior to the end of a term. This Agreement may be terminated before the end of the Initial
10-Year Term only with the written consent of the Parties, as expressed in a joint resolution passed by
a majority vote of the Fort Lupton City Council and the Firestone Board of Trustees.
8. 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 ninety (90) days after said notice, may at its option either terminate
this Agreement in its entirety or seek appropriate relief, including specific performance or injunctive
relief as authorized by C.R.S. § 29-20-105(2)(g), but excluding monetary damages.
9. Consents/Approvals. 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 Fort
Lupton City Council or the Firestone Board of Trustees, as appropriate.
10. Subject to Annual Appropriation. Consistent with Article X, § 20 of 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 Fort Lupton City Council or the Firestone Board of Trustees, as appropriate,
and in the sole discretion of that governing body.
11. Amendment. This Agreement may be amended in writing only by the mutual agreement
of the governing bodies of the Parties.
12. No Third ParU 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.
13. 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.
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Page 5 of 9
14. 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.
15. Governing 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.
16. Entire Agreement. This Agreement constitutes the entire understanding, contract, and
agreement between the Patties as to the subject matters herein set forth.
17. 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 Patties and their
officers, attorneys or employees.
18. Police Powers Reserved. Nothing herein shall be construed to limit or impair a Party's
police powers.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) set forth
below, to be effective as of the Effective Date.
CITY OF FORT LUPT , COLORADO CITY OF FIRESTONE, COLORADO
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Zo Sti e , ayor B49bi Sine •, Mayor
Da of signatur tvi , , 2021 Date of signature: , 2021
ATTEST:\\\\������a��F��uiir�! ATTEST:�'Oo,�
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APPROVED AS TO FORM: N� •o. OWN'°°°"°•�O
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Boundary Line City Limits Town Limits centerline of County Road 19 right-of-way.
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