2014 IGA Board of County Commissioners of Eagle County & Watershed Plan1 ' ! •
This Intergovernmental Agreement, hereinafter referred to as the "Agreement" or "IGA,"
is made and entered into by and between the BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF EAGLE, STATE OF COLORADO, a body politic and corporate, hereinafter
referred to as the "County," and the TOWN OF AVON, a Colorado home rule municipal
corporation, hereinafter referred to as the "Town ".
RECITALS AND PURPOSE
WHEREAS, Title 29, Article 20, Section 104 of the Colorado Revised Statutes provides
authorization for each local government within its local jurisdiction to plan for and regulate the
use of land; and
WHEREAS, Title 29, Article 20, Section 105 of the Colorado Revised Statutes authorizes
and encourage intergovernmental cooperation in the planning and regulating the development of
land; and
WIEREAS the County and the Town have agreed to cooperate and contract with each
other for the purpose of joint consultation regarding the planning and regulating the development
of land; and
WHEREAS, the Town has adopted the Avon Comprehensive Plan and the Avon
Transportation Plan, which plans are attached as Exhibits "A" and `B "; and
WHEREAS, the County has adopted land use regulations and a Master Plan ( including
the Eagle River Watershed Plan, the Eagle County Open Space Plan, and the Eagle County Trails
Plan) pursuant to the provisions of Colorado Revised Statutes which plans are attached as
Exhibits C, D, E and F; and
WHEREAS, the Eagle County Master Plan ( including the Eagle River Watershed Plan,
the Eagle County Open Space Plan, and the Eagle County Trails Plan) contains proposed
development policies and land uses for all lands within the unincorporated por*ions of the County
including lands contiguous with the Town; and
WHEREAS, portions of the Avon Comprehensive Plan and the Avon Transportation Plan,
cover lands within a three -mile radius of the Town boundaries, but not within the current
boundaries of the Town; and,
WHEREAS, the - County and Town have defined an area of mutual interest, herein referred
to as the "Joint Consultation Area" or "JCA," the boundaries of which area are delineated and
identified on the map attached as Exhibit "G" hereto in which area the County and Town wish to
establish a procedure for the County to receive comments and recommendations from the Town
for its use in planning and zoning decisions.; and for the Town to receive comments and
recommendations from the County for its use in planning and zoning decisions.; and
WHEREAS, it is in the best interests of the citizens of Eagle County and the Town of
Avon that the future growth in the JCA occur in an orderly manner.
NOW, THEREFORE, in consideration of the above recitals and of the mutual promises,
covenants, and agreements contained herein, the County and the Town agree:
MASTER PLANS:
1.1 The Board of County Commissioners of the County acknowledges the Avon
Comprehensive Plan and the Avon Transportation Plan and agrees to consider Avon's Master
Plan and the Town's comments when making land use decisions, including Sketch Plans,
Preliminary Plan, Rezoning, Special Use Permits, 1041 Permits, and PUDs, in the portion of the
JCA outside the boundaries of the Town pursuant to Section 1.9.
1.2 The adoption of the Avon Comprehensive Plan and the Avon Transportation Plan
by the Town, the receipt of it by the County and this Agreement do not constitute a development
plan or zoning, rezoning, or platting of the property within the subject area. The plans of the
Town shall be advisory only for that property within the unincorporated portion of the County, to
be used as a planning document for any property within the JCA which is rezoned or platted by
the County on or after the effective date of this Agreement.
1.3 The Town of Avon acknowledges the Eagle County Master Plan (including the
Eagle River Watershed Plan, the Eagle County Open Space Plan, and the Eagle County Trails
Plan) and agrees to consider the County's Master Plan and the County's comments when making
land use decisions, including Sketch Plans, Preliminary Plan, Rezoning, Special Use Permits, 1041
Permits, and PUDs, in the portion of the JCA inside the boundaries of the Town pursuant to
Section 1.9.
1.4 The adoption of the Eagle County Master Plan ( including the Eagle River
Watershed Plan, the Eagle County Open Space Plan, and the Eagle County Trails Plan) by the
County, the receipt of it by the Town and this Agreement do not constitute a development plan or
zoning, rezoning, or platting of the property within the subject area. The plans of the County
shall be advisory only for that property within the incorporated portion of the Town, to be used as
a planning document for property within the JCA which is rezoned or platted by the Town after
the effective date of this Agreement.
1.5 In case of a conflict between the Comprehensive or Transportation plans of the
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Town and the Master Plan of the County in any proceeding before the Board of County
Commissioners. the Board of County Commissioners shall give preference to the County's Master
Plan.
1.6 In case of a conflict between the Comprehensive or Transportation plans of the
Town and the Master Plan of the County in any proceeding before the Town, the Town shall give
preference to the Comprehensive and Transportation plans of the Town.
1.7 Unless property outside the Town boundaries within the JCA is duly annexed to
the Town, the County shall retain full jurisdiction as to land use approvals within that portion of
the JCA.
1.8 Unless property inside the Town boundaries within the JCA is duly de- annexed
from the Town, the Town shall retain full jurisdiction as to land use approvals within that portion
of the JCA.
1.9 For land use decisions, including Sketch Plans, Preliminary Plan, Rezoning, Special
Use Permits, 1041 Permits, and PUDs, concerning lands within the JCA, as well as those land use
decisions within the Town that materially affect matters of concern within the County, the party
having jurisdiction shall within three (3) working days after final acceptance of an application,
refer said applications to the other jurisdiction, either the County or the Town, as appropriate.
1.10 Either jurisdiction may identify, in writing, matters of concern for lands other than
those within the JCA and request referral of applications for those land use decisions. Such
matters shall include, but not be limited to, developments that have a material impact on traffic
circulation, architectural and site design of adjacent properties, or geologic issues.
1.11 The decision making body of the entity to which an application is referred shall
review the application and thereafter forward a recommendation for approval or denial to the
referring entity. Failure to supply such a recommendation within twenty -one (2 1) days of mailing
of the referral shall be deemed a recommendation of approval.
1.12 Nothing contained herein shall authorize either party to impose any additional
application or processing fees.
1.13 Final decision making on any such application shall reside exclusively with the
decision making body of the entity having jurisdiction.
1.14 Any proposed subdivision improvement agreement or similar documents relating
to the JCA shall be referred to the other jurisdiction for comment before execution by the entity
having jurisdiction. Failure of the referral jurisdiction to timely respond shall be deemed a
recommendation for approval.
2.1 The sole means of enforcement of this Agreement shall be proceedings pursuant to
Rules 57 and 106, C.R.C.P.
2.2 Venue for any and all such proceedings shall lie in the District Court in and for the
County of Eagle, State of Colorado.
2.3 This Agreement is not intended to and shall not be construed to create any rights in
any third party.
3. GENERAL PROVISIONS:
3.1 Notices or referrals shall be deemed to have been given when sent by certified mail
to the parry to whom such notice is to be given at the address set forth below, or at such other
address as has been previously furnished in writing, to the other party or parties.
If to the County:
Chairman, Board of County Commissioners
Eagle County Building
500 Broadway
P.O. Box 850
Eagle, Colorado 81631
Eagle County Attorney
Eagle County Building
500 Broadway
P.O. Box 850
Eagle, Colorado 81631
If to the Town:
Avon Town Manager
Town of Avon
Avon, Colorado
Avon Town Attorney
Town of Avon
Avon, Colorado
3.2 If one or more provisions of this Agreement shall be invalid, illegal, or
unen orceable in any respect, the remaining provisions contained herein shall not in anyway be
affected or impaired
3.3 The County and Town covenant that they will, to the extent permitted by law, do,
execute, acknowledge, and deliver, or cause to be done, executed, acknowledged, and delivered,
such acts, instruments, and transfers as may reasonably be required for the performance of their
obligations hereunder.
3.4 This Agreement shall not be assignable.
3.5 This Agreement shall inure to the benefit of, and be binding upon, the parties.
3.6 A waiver by any party to this Agreement of the breach of any term or provision of
this Agreement shall not operate or be construed as a waiver of any subsequent breach by either
party.
3.7 This Agreement shall extend to any amendments to the Avon Comprehensive Plan
or Avon Transportation adopted by the Town and provided to the County as well as to any
amendments of the Eagle County Master Plan (including the Eagle River Watershed Plan, the
Eagle County Open Space Plan, and the Eagle. County Trails Plan) adopted by the County and
provided to the Town.
3.8 This Agreement may be terminated by either party by giving notice at least thirty
days in advance to the other party of said termination.
4. SIGNATURES:
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in their respective names and attested by their respective dates indicated below.
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Town Clerk
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TOWN OF AVON,
A Colorado Municipal Corporation
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Mayor of Avon
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