Attachment A_Intergovernmental_Agreement_Amendment_Procedures

Special City Council Meeting, January 22, 2026 · item 4B: Consideration of a motion to approve the list of community change requests to be considered during the Boulder Valley Comprehensive Plan upd… · 15 pages

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Appendix B: Boulder Valley Comprehensive Development Plan Intergovernmental Agreement BOULDER VALLEY COMPREHENSIVE DEVELOPMENT with Amendment Procedures (Exhibit B)PLAN INTERGOVERNMENTALAGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("IGA") between the City of Boulder, a Colorado home-rule city ("Boulder" or "City"), and the County of Boulder, a body politic and corporate of the State of Colorado ("County" or "Boulder County") shall become effective as of the ''Effective Date" listed below. The City and the County are together referred to as the "Parties." RECITALS A. The Parties have a shared history of cooperative planning beginning in 1977, and previously entered into intergovernmental agreements on June 21, 1978, December 13, 1990 and most recently on July 15, 2002. The Parties desire to extend this relationship through an updated comprehensive development plan and intergovernmental agreement. B. The most recent intergovernmental agreement, effective as of July 15, 2002, (the "Previous IGA") expires, by its terms, on December 31, 2017. The Parties desire to adopt this IGA to supersede and replace the Previous IGA in order to adopt the most recent updates to the plan. C. C.R.S. § 29-20-101 et seq., as amended, authorizes the Parties to enter intergovernmental agreements to plan for and regulate land uses in order to minimize the negative impacts on the surrounding areas and protect the environment, and specifically authorizes local (i.e., municipal and county) governments to cooperate and contract with each other for the purposes of planning and regulating the development of land by means of a "comprehensive development plan." D. The County is the ultimate governmental authority regarding land use control and development in the unincorporated areas of the County, which areas include the Boulder Valley, as defined in the plan attached as Exhibit A (the "Plan" or the "BVCP"). E. The City is the only significant potential source of adequate urban facilities and services required for the orderly urban development of the Boulder Valley, where desired. F. Under C.R.S. §§ 30-28-106, -108 and -110, as amended, the County Planning Commission and the Board of County Commissioners have made and adopted a master plan for the physical development of the unincorporated area of the County, the Boulder County Comprehensive Plan. G. Under C.R.S. § 31-23-202, as amended, the Boulder Planning Board and the Boulder City Council have adopted the goals, policies, programs and supportive data of the Boulder Valley Comprehensive Plan. 1 H. Under C.R.S. § 30-28-106(2)(a), as amended, the master plan shall not be effective inside the boundaries of any incorporated municipality within the region unless such plan is adopted by the governing body of the municipality.

I. To ensure that the unique and individual character of Boulder and of the rural area within Boulder County outside Areas I and II of the BVCP are preserved, the Parties believe that a comprehensive development plan that recognizes the area of potential urbanization within the BVCP that would not be interrupted by Boulder County open space, accompanied by a commitment by Boulder for the preservation of the rural character of lands surrounding Areas I and II within the Boulder Valley and Boulder County, is in the best interest of the residents of each of the Parties.

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J. The Parties acknowledge that this IGA may control or limit the County's authority over some properties within the County's jurisdiction but that such control or limitation is justified due to the fact that such properties are currently served by City owned municipal utilities, are bound by service agreements between the property owners and the City, and/or such properties are located within areas specially affecting the City's interests, including but not limited to entry corridors and areas of special impact upon City resources. K. The Parties find that providing for the area outside Areas I and II of the Boulder Valley Comprehensive Plan within Boulder County to remain as rural in character through the term of this IGA for the purpose of preserving a community buffer through the limitation of annexation by Boulder serves the economic and civic interest of their residents and meets the goals of the Boulder County Comprehensive Plan. L. Consistent with the municipal annexation, utility services, and land use laws of the State of Colorado, this IGA including, specifically, the annexation and open space portions hereof, is intended to encourage the natural and well-ordered future development of each Party; to promote planned and orderly growth in the affected areas; to distribute fairly and equitably the costs of government services among those persons who benefit therefrom, to extend government services and facilities to the affected areas in a logical fashion; to simplify providing utility services to the affected areas, to simplify the governmental structure of the affected areas; to reduce and avoid, where possible, friction between the Parties; and to promote the economic viability of the Parties. M. The functions described in this IGA are lawfully authorized to each of the Parties, which perform such functions hereunder, as provided in Article XX, § 6 of the Colorado Constitution, and C.R.S. §§ 29-20-101, et seq; 30-28-101, et seq; 31-12-101, et seq; and 31-23-201 and -301, etseq., as amended. N. C.R.S. § 29-1-201, et seq., as amended, authorizes the Parties to cooperate and contract with one another with respect to functions lawfully authorized to each of the Parties, and the people of the State of Colorado have encouraged such cooperation and contracting through the adoption of Colorado Constitution, Article XIV, § 18(2).

O. The Parties have each held hearings after proper public notice for the consideration of entering into this IGA and the adoption of a comprehensive development plan for the Boulder Valley. P. The Parties desire to enter into this IGA in order to plan for the use of the lands within the Boulder Valley through joint adoption of a mutually binding and enforceable comprehensive development plan. AGREEMENT NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made herein, the Parties agree as follows:

1. Boulder Valley Comprehensive Development Plan. This IGA, including the Boulder Valley Comprehensive Plan text and Map attached to this IGA as Exhibit A, is hereby adopted by the Parties as a comprehensive development plan as provided in CRS. § 2920-105, to be known as the "Boulder Valley Comprehensive Plan" (hereinafter "the Plan"). The Plan shall govern and control the Plan Area as shown on Exhibit A, or as subsequently amended in accordance with Section 6, below. 2. Consistency with BVCP in Planning, Zoning, and Other Land Use Regulations and Actions Required. The City and the County, respectively, within their constitutional and statutory geographic jurisdictions,shall exercisetheirplanning, zoning, subdivision, building and related land use regulatory functions consistent with the plans and policies ofthePlan, to the end ofattaining the goals and objectives of the Plan.

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3. Compliance with BVCP for Annexations Required. The City shall exercise its annexation policies and capital improvements plan consistent with the plans and policies of the Plan, to the end of attaining the goals and objectives of the Plan. 4. Term. 4.1

Term. This IGA shall extend through December 31, 2037.

4.2

Schedule for Plan Reviews. The City and the County agree that the Plan will be reviewed at least every five years for possible amendments to reflect changes in circumstances and community desires. This Agreement shall extend to all revisions and amendments of the Plan that are jointly approved from time to time by the City and the County. As part of the mid-term and major updates, each Party agrees to hold a duly noticed public hearing to determine, among other things, if the term of this Agreement should be extended an additional five years from the date of termination.

5. Amendments to the Intergovernmental Agreement. This IGA may be amended from time to time upon a majority vote of the Boulder City Council and the Board of County Commissioners. This Intergovernmental Agreement will be reviewed by the Parties during the periodic plan reviews. 6. Amendments to the Plan, Referral Process, Notices, and Errors. The procedures for Plan amendments, referrals, notices, and errors are incorporated into the Intergovernmental Agreement and are attached hereto as Exhibit B. 7. Preservation of Legislative Discretion. It is recognized that all provisions ofthe Boulder Valley Comprehensive Plan that require appropriation of public funds are qualified by the availability of appropriations for those purposes, and the legislative discretion inherent in the appropriation process is not limited by the adoption of the Plan. 8. Severability. If any portion of this Plan is held by a court in a final, non-appealable decision to be per se invalid or unenforceable as to any Party, the entire Agreement and the Plan shall be terminated, it being the understanding and intent of the Parties that every portion of the Agreement and Plan is essential to and not severable from the remainder. 9. Beneficiaries. The Parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of the Agreement and the Plan, and no other person or entity is so intended or may bring any action, including a derivative action, to enforce the Agreement or the Plan. 10. Enforcement. Either of the Parties may enforce this Agreement by any legal or equitable means including specific performance, declaratory and injunctive relief. No other person or entity shall have any right to enforce the provisions of this Agreement or the Plan. 11. Defense of Claims. If any person allegedly aggrieved by any provision of the Plan and who is not a Party to the Plan should sue any Party concerning such Plan provision, all Parties shall be notified promptly by any party served; any Party served shall, and any other Party may, defend such claim. Defense costs shall be paid by the Party providing such defense. 12. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and venue shall lie in the County of Boulder.

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THIS AGREEMENT is made and entered into to be effective on the later of the dates of approval by the City of Boulder or Boulder County (the “Effective Date”).

Dated:

9/16/2017

CITY OF BOULDER

Suzanne Jones Mayor ATTEST:

APPROVED AS TO FORM:

City clerk

City Attorney’s Office

BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY:

Deb Gardner, Chair

Cindy Domenico, Vice Chair

Elise Jones, Commissioner ATTEST:

APPROVED AS TO FORM:

Clerk of the Board

County Attorney’s Office

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Exhibit B: Boulder Valley Comprehensive Plan Amendment Procedures Contents Intro .............................................................................................................................................159 Summary Matrix...........................................................................................................................160 A. Types of Changes....................................................................................................................161 1. Land Use Map Changes ...................................................................................................161 2. Area II/III Boundary Changes............................................................................................161 a. Service Area Expansions and Contractions..................................................................161 b. Area III Rural Preservation Expansions and Contractions ............................................165 c. Planning Area Expansions and Contractions................................................................166 3. Policy & Text Changes ......................................................................................................166 B. Procedures for changes...........................................................................................................166 1. Changes that may be considered at any time ..................................................................167 2. Map only update ..............................................................................................................167 3. Mid-term Update..............................................................................................................167 4. The Major Update ............................................................................................................168 5. Schedule & Process of Updates........................................................................................168 C. Referral Process......................................................................................................................169 D. Notification ............................................................................................................................169 E. Errors ......................................................................................................................................169 F. IGA Extension........................................................................................................................ 170

Intro The Boulder Valley Comprehensive Plan is a joint policy document legislatively adopted by the City of Boulder and Boulder County. The plan is updated periodically to respond to changed circumstances or community needs. Changes to the comprehensive plan fall into four categories: • • • •

Changes that may be considered at any time Changes that may be considered during a map-only update Changes that may be considered during a mid-term update Changes that may only be considered during the major update

The table below summarizes the different types of changes, when they may be considered, and the decision-making bodies that approve them. When the table refers to the decision-making bodies that approve changes: • “city” means Planning Board and City Council; • “county” means the County Planning Commission and Board of County Commissioners; and • “city and county” means Planning Board, City Council, County Planning Commission, and Board of County Commissioners. 159

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Summary Matrix WHEN

WHO

HOW

Map Only

Midterm

Major Update

Anytime

Approval Bodies

Who may Initiate1

Criteria

All types of Land Use Map changes

City (Area I & II Call-up to BOCC for Area II) City and County (Area III)

All

Sec. A.1.

Land Use Map changes related to rezoning, subcommunity/area plan or annexation only

City (Area I & II Call-up to City, Prop. BOCC for Area II) owner City and County (Area III)

Type

LAND USE MAP

Sec. A.1.

PLANNING AREAS MAP - AREA II/III BOUNDARY

Service Area Expansion (Area III to Area II) or Contraction (Area II to Area III) Under 5 acres: City MINOR ADJUSTMENTS: Area III X X X Over 5 acres: City, call-up – Rural Preservation to Area II to BOCC

All

Sec. A.2.a.i

SERVICE AREA EXPANSION: Area III - Planning Reserve to Area II

City and County

City

Sec. A.2.a.ii

SERVICE AREA EXPANSION: Reinstatement of Area III - Rural Preservation back to Area II

City and County

Prop. owner

Sec. A.2.a.ii

SERVICE AREA CONTRACTION: Area II to Area III Rural Preservation

City and County

All

Sec. A.2.a.iii

Rural Preservation Expansion or Contraction RURAL PRESERVATION EXPANSION: Area III - Planning Reserve to Area III - Rural Preservation

City and County

All

Sec. A.2.b.i

RURAL PRESERVATION CONTRACTION: Area III - Rural Preservation to Area III - Planning Reserve

City and County

All

Sec. A.2.b.ii

City and County

Sec. A.2.c.i

X X

City and/or County City and/or County

All All

Sec. A.3. Sec. A.3.

City

All

Planning Area Expansion or Contraction Expansion or contraction of Area III outer boundary

POLICIES Minor edits Major edits

TEXT Plan and Program Summaries; Urban Service Criteria and Standards; Subcommunity and Area Plan section 1

All: Members of the public, property owners, city staff, county staff, city approval bodies (Planning Board, City Council); county approval bodies (Planning Commission, Board of County Commissioners) City: city staff and approval bodies County: county staff and approval bodies Public: Members of the public including, but not limited to, property owners Property Owners: Owners of property subject to proposed change

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A. Types of Changes 1. Land Use Map Changes Description The Land Use Map is not intended to be a zoning map. Instead, it provides policy direction and definition for future land uses in the Boulder Valley. Criteria To be eligible for a Land Use Map change, the proposed change: a) on balance, is consistent with the policies and overall intent of the comprehensive plan; b) would not have significant cross-jurisdictional impacts that may affect residents, properties or facilities outside the city; c) would not materially affect the land use and growth projections that were the basis of the comprehensive plan; d) does not materially affect the adequacy or availability of urban facilities and services to the immediate area or to the overall service area of the City of Boulder; e) would not materially affect the adopted Capital Improvements Program of the City of Boulder; and f)

would not affect the Area II/Area III boundaries in the comprehensive plan.

Decision-making Land Use Map changes in Area I & II are a city decision, with call-up to the county as described in the referral & call up procedures. Changes in Area III are a city and county decision.

2. Area II/III Boundary Changes a. Service Area Expansions and Contractions i. Minor Adjustment to the Service Area (Area III-Rural Preservation to Area II) Description A minor adjustment to the service area boundary is a small, incremental service area expansion that creates a more logical boundary. A change in designation of land from Area III to Area II may be eligible to be approved as a minor service area boundary adjustment based on the following criteria: Applicability a) Maximum size: The total size of the area must be no larger than ten acres. Residential areas larger than 10 acres may be considered if the area consists of substantially developed properties below the Blue Line along the western edge of the service area. b) Minimum contiguity: The area must have a minimum contiguity with the existing service area of at least 1/6 of the total perimeter of the area. Criteria a) Logical Service Area boundary: The resulting Service Area boundary must provide a more logical Service Area boundary (Area III/II), as determined by factors such as: 1. more efficient service provision, 2. a more identifiable edge to the urbanized area or neighborhood, 3. a more functional boundary based on property ownership parcel lines or defining natural features. 161

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b) Compatibility with the surrounding area and the comprehensive plan: The proposed change of Area III to II must be compatible with the surrounding area as well as on balance, the policies and overall intent of the comprehensive plan. c) No major negative impacts: It must be demonstrated that no major negative impacts on transportation, environment, services, facilities, or budget will result from an expansion of the Service Area. d) Minimal effect on land use and growth projections: The proposed change of Area III to II change does not materially affect the land use and growth projections that were the basis of the Comprehensive Plan. e) Minimal effect on service provision: The proposed change of Area III to II does not materially affect the adequacy or availability of urban facilities and services to the immediate area or the overall Service Area of the City of Boulder. f)

Minimal effect on the city’s Capital Improvements Program: The proposed Area III to II change does not materially affect the adopted Capital Improvements Program of the City of Boulder.

g) Appropriate timing: The proposed Area III to II change will not prematurely open up development potential for land that logically should be considered as part of a larger Service Area expansion.

Decision Making Minor Adjustments to the Service Area boundary are a city decision for areas five acres and under. For areas greater than five acres, the Board of County Commissioners may call-up a city decision for its review under the procedures described below.

ii. Service Area Expansions: Planning Reserve (Area III-Planning Reserve to Area II) Description The Area III-Planning Reserve is identified on the Area I, II, III map and includes approximately 500 acres of land outside the existing service area of the City of Boulder. The Area III–Planning Reserve is not currently eligible for urban services or annexation. This area was established at the conclusion of a comprehensive analysis of Area III; when city and county determined that only a small amount of Area III should be contemplated for future urban expansion, and then only if detailed planning for the area indicates community benefits exceed potential negative impacts. The area was chosen for its location and characteristics based upon the apparent lack of sensitive environmental areas, hazard areas and significant agricultural lands, the feasibility of efficient urban service extension, and contiguity to the existing Service Area, to maintain a compact community. The Area III-Planning Reserve is that portion of Area III where the city intends to maintain the option of Service Area expansion for future urban development in response to priority community needs that cannot be met within the existing Service Area. While Service Area expansion into the Area III-Planning Reserve may occur over time in several separate actions, it must result in a logical expansion of the Service Area. The needs of future generations should be considered any time a Service Area expansion of the Planning Reserve is contemplated.

Baseline Urban Services Study Required The City of Boulder will complete a baseline urban services study of the Area III-Planning Reserve prior to considering a service area expansion. The purpose of the study is to learn more about the feasibility and requirements to provide urban services to the area, and to understand potential phasing and logical areas of planning and potential expansion. The city may undertake preparing the baseline urban service study at any time for all or a portion of the Planning Reserve, and should include, but is not limited to an analysis and inventory of the existing infrastructure and service capacity (such as needed upgrades to the water, wastewater, and stormwater or facilities and distribution system, additional fire stations or

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vehicles and police protection needs, transportation network connections, capacity of existing schools, urban parks), inventory of existing uses in the Area III-Planning Reserve, and identification of logical Service Area expansions (areas and/or phasing). The completed study will be reviewed by the Planning Board and accepted by the City Council.

Service Area expansion process a) Service Area expansion consideration The city may consider a service area expansion into the Area III-Planning Reserve following acceptance of the baseline urban services study. Service Area expansion may occur at a mid-term or major update to the BVCP. At the beginning of each BVCP update, the Planning Board and City Council will hold a public hearing to determine if there is interest in considering a Service Area expansion as part of that update. If the city is interested in considering a Service Area expansion, a planning effort to solicit and identify priority community needs will begin. The city will hold public hearings and decide whether the identified needs are of sufficient priority based on the eligibility criteria below to warrant preparation of a Service Area expansion plan. Prior to the public hearings by the city, the identified needs will be referred to the county. Criteria for Initiating a Service Area Expansion Plan In order to initiate a service area expansion plan there must be sufficient community need. In determining whether there is sufficient community need, the city will consider the following factors: a. Community Value: Expansion will address a long-term community value as articulated in the Comprehensive Plan. b. Capacity: The need for a service area expansion cannot be met within the existing Service Area because there is not suitable existing or potential land/service capacity. c. Benefit: Expansion will benefit the existing residents in the Boulder Valley and will have a lasting benefit for future generations. b) Service Area Expansion Plan An expansion plan for priority community needs is anticipated to be similar in scope to an Area Plan, as described in the Comprehensive Plan and will be developed by the city in coordination with the county. If the city initiates preparation of a service area expansion plan, it will include, but not be limited to the following information: a. The location and amount of land area needed; b. Other uses that are needed or desired based on the identified needs; c. Conceptual land use and infrastructure plans, to ensure adequate facilities and services can be provided; d. General annexation requirements to further comprehensive plan goals and policies; e. Requirements and conditions for the city and the private sector for development, including on-site and off-site mitigation of impacts; and f. Anticipated development phasing. Approval of a Service Area Expansion Plan A service area expansion plan approval and change from Area III-Planning Reserve to Area II will consider the following: a. Minimum size: In order to cohesively plan and eventually annex by neighborhoods and to build logical increments for infrastructure, it is encouraged that the minimum size of the parcel or combined parcels for Service Area expansion be at least forty acres. b. Minimum contiguity: The parcel or combined parcels for Service Area expansion must have a minimum contiguity with the existing service area of at least 1/6 of the total perimeter of the area. 163

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c. Provision of a community need: Taking into consideration an identified range of desired community needs, the proposed change must provide for a priority need that cannot be met within the existing service area. d. Logical extension of the service area: The resulting service area boundary must be a logical extension of the service area. Factors used in making this determination include but are not limited to an efficient increment for extending urban services; a desirable community edge and neighborhood boundary; and a location that contributes to the desired compact urban form. e. Compatibility with the surrounding area and comprehensive plan: The proposed Area IIIPlanning Reserve area to Area II change must be compatible with the surrounding area and on balance, the policies and overall intent of the comprehensive plan. f. No major negative impacts: The Service Area Expansion Plan must demonstrate that community benefits outweigh development costs and negative impacts from new development and that negative impacts are avoided or adequately mitigated. To this end, the Service Area Expansion Plan will set conditions for new development, and it will specify the respective roles of the city and the private sector in adequately dealing with development impacts. g. Appropriate timing for annexation and development: A reasonable time frame for annexation is projected within the planning period after Area III-Planning Reserve area land is brought into the service area.

Decision-making Initiating a service area expansion plan is a city decision. Approval of a service area expansion plan and change from Area III – Planning Reserve to Area II will be decided by the City and County.

iii. Service Area Contractions (Area II to Area III-Rural Preservation Area) Description A Service Area contraction removes land from the city’s Service Area, due to a change in circumstances. Applicability a) Minimum size: No minimum or maximum size. b) Minimum contiguity: No contiguity required. Criteria Proposed changes from Area II to Area III-Rural Preservation Area must meet the following criteria: a) Changed circumstances: Circumstances have changed that indicate either the development of the area is no longer in the public interest, the land has or will be purchased for open space, or, for utility-related reasons, or the City of Boulder can no longer expect to extend adequate urban facilities and services to the area within 15 years. b) Compatibility: Any changes in proposed land use are compatible with the surrounding area and on balance, the policies and overall intent of the comprehensive plan.

Decision-making Changes from Area II to Area III – Rural Preservation are a city and county decision.

iv. Service Area Reinstatement (Area III – Rural Preservation Area back to Area II – Service Area) The owner of property that has been moved from Area II to Area III may request that the change be reevaluated under the same procedures and criteria that were used to make such a change for a period ten years after the change was made. Thereafter, such properties will be subject to all of the procedural requirements of this section.

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b. Area III Rural Preservation Expansions and Contractions i. Area III-Rural Preservation Area Expansions (Area III-Planning Reserve to Area III-Rural Preservation) Description An Area III – Rural Reservation expansion removes land from the Area III – Planning Reserve, due to a change in circumstances. Applicability Land to be considered for a change from Area III-Planning Reserve to Area III-Rural Preservation must have a minimum contiguity with the Area III-Rural Preservation area of at least 1/6 of the total perimeter of the area. Criteria Expansion of the Area III-Rural Preservation Area must meet the following criteria: a) Changed Circumstances: There is a desire and demonstrated need for expansion of the Area IIIRural Preservation Area due to changed circumstances, community needs, or new information on land use suitability (e.g., environmental resource or hazard constraints, feasibility of efficient extension of urban services, and compact and efficient urban form).

Decision-making Changes from Area III-Planning Reserve to Area III-Rural Preservation are a city and county decision.

ii. Area III-Rural Preservation Contractions (Area III-Rural Preservation Area to Area III-Planning Reserve) Description An Area III – Rural Preservation contraction results in land being removed from rural preservation and identification as Area III – Planning Reserve, for potential future inclusion into the service area. Applicability Land to be considered for a change from Area III-Rural Preservation Area to Area III-Planning Reserve must have a minimum contiguity with the Area III-Planning Reserve area or the existing service area (Area I or Area II) of at least 1/6 of the total perimeter of the area. Criteria Contraction of the Area III-Rural Preservation Area must meet the following criteria: a) There is a demonstrated need for contraction of the Area III-Rural Preservation Area due to changed circumstances, community needs, or new information on land use suitability (e.g., environmental resource or hazard constraints, feasibility of efficient extension of urban services, and compact and efficient urban form)

Decision-making Changes from Area III- Rural Preservation to Area III- Planning Reserve are a city and county decision.

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c. Planning Area Expansions and Contractions i. Boulder Valley Planning Area Expansions or Contractions Description A Planning Area boundary expansion or contraction changes the outer boundary of the area of joint planning between the city and county. Applicability An Area III outer boundary change may be initiated by the city or the county. Criteria A Planning Area Boundary change must meet the following criteria: a) There is a demonstrated need that either expansion or contraction of the planning area is necessary due to changed circumstances or past error in determining the boundary.

Decision-making Changes to the Planning Area Boundary are a city and county decision.

3. Policy & Text Changes Description The policies of the Boulder Valley Comprehensive Plan are contained within Chapter III of the plan. Decision-making a) Where the “county” alone is referred to in the policy, the policy may be amended by the county, after referral to the city. b) Where the “city” alone is referred to in the policy, the policy may be amended by the city, after referral to the county. c) All other policies will be construed to be joint city and county statements of policy, and are to be amended by joint action. d) Where a particular “area” is not specified in the policy text, the policy will apply to all areas.

B. Procedures for changes This section describes the process and procedures for approving proposed changes to the BVCP. There are four types of procedures for changing the plan: 1. Changes that may be considered at any time 2. Map-only Update 3. Mid-Term Update 4. Major Update

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1. Changes that may be considered at any time i. Scope: Changes that may be considered at any time include: • Changes to the Land Use Map concurrent with rezoning, annexation, or adoption/amendment of a subcommunity or area plan • Changes to the Subcommunity and Area Plan section (Ch. V) • Changes to the Master Plan and Program summaries (Ch. VI) • Changes to the Urban Service Criteria and Standards (Ch. VII)

ii. Schedule and Process A request initiated by the property owner concurrent with a rezoning, development application, or annexation application must be submitted in writing to the city’s Planning Department and must address the criteria for processing the request separately from a plan update. All other changes must be initiated by the city or county.

iii.Referrals The city will make a referral with preliminary comments to the county Land Use Department for comment. For land use changes the county will have 30 days after receipt of the referral to provide written notice to the city as to whether the proposed change meets the criteria.

2. Map only update Changes to the comprehensive plan Land Use Map and Area I, II, III Map may be proposed as otherwise provided for in this plan or in a map only update. A map only update may be initiated between mid-term and major updates as needed. The purposes of the map only update are to provide an opportunity for the city and county, as well as the public to request changes to the plan that do not involve significant city and county resources to evaluate, to clean up mapping discrepancies and to make minor adjustments to the service area boundary. The map only update is not intended to be a time to consider significant Land Use Map changes, or any policy changes. Changes that may be considered during a map only update include: • Changes to the Land Use Map in Area I or II. • Minor Adjustments to the Service Area Boundary.

3. Mid-term Update A mid-term update will be initiated at some point between major updates. The purposes of the mid-term update are to address objectives identified in the last major update and review progress made in meeting those objectives, provide an opportunity for the public to request changes to the plan that do not involve significant city and county resources to evaluate, and make minor additions or clarifications to the policy section. The mid-term update is not intended to be a time to consider major policy changes. Changes that may be considered during a mid-term update include: • Changes to the Land Use Map. • Changes to the Area I,II,III Map. • Planning Area boundary changes. • Minor edits to the policy section (Ch. III). • Minor text edits.

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• Changes to the Subcommunity and Area Plan section (Ch. V). • Changes to the Master Plan and Program summaries (Ch. VI). • Changes to the Urban Service Criteria and Standards (Ch. VII).

4. The Major Update The comprehensive plan will be reviewed at least every 10 years for potential amendments to reﬂect changes in circumstances and community desires. Changes that may be considered during a major update include: • Changes to the Land Use Map. • Changes to the Area I,II,III Map. • Rural Preservation Area Expansions or contractions. • Planning Area boundary changes. • Edits to the policy section (Ch. III). • Edits to the plan text. • Changes to the Subcommunity and Area Plan section (Ch. V). • Changes to the Master Plan and Program summaries (Ch. VI). • Changes to the Urban Service Criteria and Standards (Ch. VII).

5. Schedule & Process of Updates a) Schedule: Prior to the beginning of each update, the city Planning Department and the county Land Use Department will establish a process and schedule for the update. The schedule and process will be revised as needed during the review process. The process will include an opportunity for landowners and the general public to submit requests for changes to the plan. During major updates, policy changes should precede map changes. b) Screening: Proposed changes from the public, staff and approval bodies will be reviewed by the city Planning Department, which will prepare a recommendation in consultation with the county Land Use Department on which proposals should go forward and which proposals should receive no further consideration. The bodies will consider all requests for changes together with the staff recommendations at initial public hearings and will compile a list of proposed changes to be considered during the update based upon: • consistency with the purposes of the update as described above, • available resources to evaluate the proposed change (city and county staffing and budget priorities), • consistency with current BVCP policies, and • compatibility with adjacent land uses and neighborhood context. c) Further study & initiation of hearings: After a list of proposed changes to be considered during the update has been determined, the city Planning Department and county Land Use Department will study, seek appropriate public input, and make recommendations concerning proposed changes. Requests for changes to the comprehensive plan that affect an area designated Open Space will be reviewed by the city Open Space Board of Trustees and the county Parks and Open Space Advisory Committee. The board of trustees will make a recommendation prior to any action on that change. The bodies will then initiate the hearings on whether to approve, modify or deny any of the proposed changes.

APPENDIX B INTERGOVERNMENTAL AGREEMENT WITH AMENDMENT PROCEDURES

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C. Referral & Call-up Process As part of the cooperative planning process, the City of Boulder and Boulder County have established the following referral process for certain types of land use and public improvements activity within the Boulder Valley. A referral is a written communication from the Planning Department of either the city or the county to the Planning Department of either the county or the city, respectively, in which there is contained either a request for or a response to a request for review and comment on the above-described. Responses to all referrals will be based upon the Boulder Valley Comprehensive Plan, including all applicable policies, maps, and implementation documents, and applicable codes, agreements, ordinances, and resolutions of the respective jurisdictions. All referral requests and responses of departments of the city and the county will be received, reviewed and communicated through the respective planning departments, with the understanding that referral responses may be reviewed by the Planning Board or Planning Commission and/or the City Council or Board of County Commissioners at the referee’s discretion. Complete referral responses will be made within 30 days of receipt. The referrer will consider all referral responses or the fact that there have been no responses before proceeding with the activity proposed. The city will not grant or deny applications for out-of-city water and sewer permits for development activities in Area II unless it has first received a referral response from the county. The Board of County Commissioners may call up the following city decisions: • Minor adjustments to the service area boundary over 5 acres in size. • Area II Land Use Map changes over 5 acres in size. The call up provisions do not apply to enclaves, city-owned land, and properties along the western edge of the service area below the blue line. After approval of a city decision that is eligible for a call-up, the city planning department will notify the county planning department of the decision. If the Board of County Commissioners chooses to call-up the decision within 30 days of the final city decision, it will hold a public hearing to approve or deny the change within 60 days of the call-up decision. The Board of County Commissioners may approve or deny the change or approve and request the city modify the approval. Any change to the comprehensive plan that is a result of a call up by the county will be final upon approval by both the city and the Board of County Commissioners.

D. Notification Any property owner whose property would be affected by a proposed change in land use designation or by service area expansions, contractions or boundary changes will receive timely written notice that such change or changes will be considered. Planning staff will exert its best efforts to provide such notice within 30 days of receiving a request that is to be considered. However, no hearing to approve or deny any such proposal will be held unless planning staff notified the affected property owner in writing at least 30 days prior to the date set for the hearing on the proposed change. To provide general public notice, the city Planning Department will publish a Comprehensive Plan map indicating where the proposed changes are located and a description of each change at least ten days prior to the first public hearing to consider the proposed changes.

E. Errors If a discrepancy is found to exist within the Boulder Valley Comprehensive Plan that is clearly a drafting error, mapping discrepancy or a clerical mistake, either the city or the county, after a referral request to the other agency, may correct such error.

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BOULDER VALLEY COMPREHENSIVE PLAN