City Council Study Session Agenda and Packet 2014 03 10 JT

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Bou dor County Clerk, CO AC @V 1 R 0 00 2524695 Page: 5 of 24 17!0712863 4B 15A 0 0.00 within the rural preservation area of any Underlying Plan to which such municipality is a party unless the Rural Preservation Area as designated in the Underlying Plan is first amended to remove such lands from the Rural Preservation Area and to permit the Municipal Party to which annexation is sought to annex the subject lands, except as may be provided in the Underlying Plan. 2.3 By authorizing the execution of this Agreement, the city councils and the town boards of the Municipal Parties each respectively finds and declares that there is no community of interest between the lands designated Rural Preservation Area in the Underlying Plans that are shown on Exhibit A but which are not within the Rural Preservation Area of any Underlying Plan to which such municipality is a party and their respective jurisdictions, that none of these lands is urban nor is likely to urbanize within the term of this Plan, unless amended as indicated in section 2.2, and that none of these lands is currently integrated with, nor for the term of this Plan will any of them be capable of being integrated with their respective jurisdictions, unless amended as indicated in section 2.2. 2.4 Although most of Area I1I of the Boulder Valley Comprehensive Plan is to be treated as Rural Preservation Area under this Agreement, that portion of Area Ili shown as "Planning Reserve" on the Boulder Valley Comprehensive Plan Area 1, Area II, Area III Map adopted November, 2001, shall for purposes of this Agreement be treated as Municipal Influence Area. Prior to annexation of any area shown as the City or Boulder's Planning Reserve Area in the November 2001, Boulder Valley Comprehensive Plan, the City of Boulder and Boulder County shall complete the process and meet the standards for a service area expansion from Area 111 - Planning Reserve to Area I1 as sct forth in the Boulder Valley Comprehensive Plan. 3. MUNICIPAL INFLUENCE AREA PARCELS. 3.1. The Exhibit A reflects Ivlunicipai 'Influence Areas currently located within unincorporated Boulder County as adopted in the 'UnderiN ing Plans and shown on the maps attached to said Underlying Plans. These are areas that include l:tiide that may in the future be annexed to the Designated Municipal Party. as denoted by the "Influence Area" designation. Nothing in this section or the Plan is intended to require such Municipal Party to annex such area. However, the Municipal Parties agree that, if such area is to be annexed to or is to be provided water or sewer service, except as provided hereinbelow, by a Municipal Party during the term of this Agreement, such area will be annexed to and/or will be so served by the Designated Municipal Party and not by any of the other Municipal Parties. By authorizing the execution of this Agreement, each city council and town board finds and declares that the community of interest in the Influence Areas so designated on the Underlying Plan map is. or for the term of the Underlying Plan, will be. with the Designated Municipal Party and not with any other Municipal Party. 3.2. Until and unless annexed, Boulder County shall enforce its "Areas and Activities of State Interest" regulations upon any parcels identified as within the Influence Area of any Municipal Party, except to the extent that any of such regulations are inapplicable under the express language of any Underlying Plan, so long as said Underlying Plan remains effective. Where those regulations are applicable, Boulder County shall not grant a permit for development pursuant to such regulations unless such permit has been first submitted for review and comment by the Municipal Party whose Influence Area on the Underlying Plan map includes such parcel(s). 5 7