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Home My WebLink About20123556.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 12, 2012 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration Building, Greeley, Colorado, December 12, 2012, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tern Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther Gesick Director of Finance and Administration, Monica Mika • MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of December 10, 2012, as printed. Commissioner Long seconded the motion, and it carried unanimously. • READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Emergency Ordinances#245-B and #247 by tape. Commissioner Rademacher seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Consider Request Concerning Review of Development Standard #25 for USR11-0015 - A.C. Trucking, LLC, do Eliseo Alcantar (con't from 12/10/12) [2012-3488]. Commissioner Rademacher moved to approve this amendment to the agenda. Commissioner Garcia seconded the motion, and it carried unanimously. Fi PUBLIC INPUT: Dennis Mundt, Lauren Felte, and Bob Winter, representing the Weld County Farm Bureau, presented the Board with certificates of appreciation, recognizing the Board for its service, especially in addressing the use of wells. Chair Conway read the certificates, which were entered into the record as Exhibit A. The Board members expressed their appreciation for the recognition and thanked the Bureau for all of its work on behalf of the agricultural community. 0� Minutes, December 12, 2012 2012-3556 Page 1 BC0016 F) Edward Bendelow, Attorney, representing three homeowners involved in the Ault Annexation matter (to be addressed in a 10:00 land use process), requested the Board consider the Town's Ordinance eliminating the obligation for the provision of utilities and whether the town is in violation of the IGA between the County and the Town. He submitted copies of the materials, marked as Exhibit B. F) In response to Chair Conway, Mr. Barker discussed the provisions of the IGA and possible remediation actions. F) COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer commented she and Bruce Barker, County Attorney, participated in the Colorado Oil and Gas Conservation Commission pre-preliminary statement meeting regarding a proposed 1,000-foot setback rule, and she reviewed the various viewpoints discussed. She responded to questions from the Board regarding possible other setbacks under review and in use, surface use agreement provisions, and the proposed water sampling rule. F) Chair Conway, reported the Upstate Leadership Council will be holding a press conference today to announce a significant decrease in the unemployment rate and to celebrate the County's improved economic standing. BIDS: F) APPROVE BID #61200129, CR 49 AND CR 44 INTERSECTION DESIGN - DEPARTMENT OF PUBLIC WORKS (CON'T FROM 12/05/2012): Wayne Howard, Department of Public Works, presented staffs recommendation based on qualifications. Commissioner Rademacher moved to approve the bid from Short Elliot Hendrickson (SEH), as recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. F) CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. NEW BUSINESS: ID 1) CONSIDER REVISIONS TO OPERATIONS MANUAL, SECTION 8.100, BUSINESS OFFICE POLICIES/ PROCEDURES, EXPENSE REPORT AND TRAVEL REIMBURSEMENT: Judy Griego, Director, Department of Human Services, reviewed the proposed revisions. Commissioner Rademacher moved to approve the revisions to the Operations Manual. Commissioner Long seconded the motion, and it carried unanimously. ID 2) CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Commissioner Rademacher moved to continue the matter to December 17, 2012 to allow Dr. Wallace, Department of Public Health and Environment, to be present. Commissioner Garcia seconded the motion, and it carried unanimously. F) 3) CONSIDER REVISIONS TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Trevor Jiricek, Director of the Environmental Health Services Division of the Department of Public Health and Environment, offered to answer questions, but suggested the matter be continued. Commissioner Rademacher moved to continue the matter to December 17, 2012. Commissioner Garcia seconded the motion, and it carried unanimously. Minutes, December 12, 2012 2012-3556 Page 2 BC0016 4) CONSIDER CANCELLATION OF 2012 OUTSTANDING ACCOUNTS RECEIVABLE FOR WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Barbara Connolly, Controller, reviewed the outstanding accounts, in the amount of $14,407.60. Commissioner Kirkmeyer moved to cancel the 2012 outstanding accounts receivable. Commissioner Long seconded the motion, which carried unanimously. El 5) CONSIDER GRANT APPLICATION FOR TAMARISK AND RUSSIAN OLIVE TREE ERADICATION ON THE ST. VRAIN RIVER IN WELD COUNTY: Tina Booton, Department of Public Works/Weed Division, reviewed the grant application request. Commissioner Garcia moved to approve said application. Commissioner Rademacher seconded the motion, which carried unanimously. IR 6) CONSIDER 2012 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK MANAGEMENT SERVICES: Don Warden, Director of Budget and Management Analysis, stated this is pursuant to a 1984 Intergovernmental Agreement with the City of Greeley recognizing the County's share, in the amount of $406,647.00. Commissioner Rademacher moved to approve said resolution. Commissioner Garcia seconded the motion, which carried unanimously. El 7) CONSIDER MEMORANDUM OF AGREEMENT WITH AUDIO INFORMATION NETWORK OF COLORADO AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement. Commissioner Kirkmeyer moved to approve said agreement. Commissioner Long seconded the motion, which carried unanimously. E9 8) CONSIDER MEMORANDUM OF AGREEMENT WITH ENVISION AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN SAME: Mr. Warden reviewed the amount. Commissioner Long moved to approve said agreement. Commissioner Rademacher seconded the motion, and it carried unanimously. ▪ 9) CONSIDER MEMORANDUM OF AGREEMENT FOR USE AND FUNDING OF A KID'S PLACE AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement. Commissioner Long moved to approve said agreement. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. • 10) CONSIDER MEMORANDUM OF AGREEMENT WITH GREELEY CHAMBER OF COMMERCE AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement. Commissioner Rademacher moved to approve said agreement. Commissioner Kirkmeyer seconded the motion, which carried unanimously. E l 11) CONSIDER MEMORANDUM OF AGREEMENT WITH NORTHEAST EAST CENTRAL COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC) AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement. Commissioner Kirkmeyer moved to approve said agreement. Commissioner Long seconded the motion. Commissioner Garcia commented this increase is in response to positive progress being made by the SBDC in assisting new small businesses in the County, and said it will be used to hire another counselor to expand services. The motion carried unanimously. E9 12) CONSIDER MEMORANDUM OF AGREEMENT WITH NORTH RANGE BEHAVIORAL HEALTH AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES (MENTAL HEALTH SERVICES) AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement. Minutes, December 12, 2012 2012-3556 Page 3 BC0016 Commissioner Rademacher moved to approve said agreement. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El 13) CONSIDER MEMORANDUM OF AGREEMENT WITH NORTH RANGE BEHAVIORAL HEALTH AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES (SUICIDE EDUCATION AND PREVENTION) AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement, and affirmed that it was recently revised to be a one-year pilot project to determine measurable outcomes. Commissioner Rademacher moved to approve said agreement. Commissioner Garcia seconded the motion, and it carried unanimously. • 14) CONSIDER MEMORANDUM OF AGREEMENT WITH PROMISES FOR CHILDREN AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement. Commissioner Long moved to approve said agreement. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. • 15) CONSIDER MEMORANDUM OF AGREEMENT WITH SENIOR CITIZEN COORDINATORS AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement. Commissioner Long moved to approve said agreement. Commissioner Kirkmeyer seconded the motion, which carried unanimously. El 16) CONSIDER MEMORANDUM OF AGREEMENT WITH UNITED WAY OF WELD COUNTY AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement. Commissioner Long moved to approve said agreement, and Commissioner Garcia seconded the motion, which carried unanimously. Fl 17) CONSIDER MEMORANDUM OF AGREEMENT WITH UPSTATE COLORADO ECONOMIC DEVELOPMENT AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the agreement, with the amount being paid out monthly. Commissioner Rademacher moved to approve said agreement. Commissioner Long seconded the motion, which carried unanimously. Fl 18) EMERGENCY ORDINANCE #245-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2012: Mr. Warden reviewed the supplemental data. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve Ordinance #245-B on an emergency basis. Commissioner Garcia seconded the motion, which carried unanimously. PLANNING: E9 1) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1629 - UNITED POWER, INC.: Michelle Martin, Department of Planning Services, stated staff has conducted a site inspection and determined all improvements have been completed. Commissioner Rademacher moved to cancel said collateral. The motion was seconded by Commissioner Garcia, and it carried unanimously. E l 2) CONSIDER REQUEST CONCERNING REVIEW OF DEVELOPMENT STANDARD #25 FOR USR11-0015 - A.C. TRUCKING, LLC, C/O ELISEO ALCANTAR (CON'T FROM 12/10/12): Kim Ogle, Department of Planning Services, reviewed the applicant's request to amend Development Standard #25 to extend the 6:00am — 8:00pm hours of operation to 24/7 operations to meet oil and gas industry needs. In response to Commissioner Kirkmeyer, Mr. Ogle stated there was public input in opposition to this case; however, a public notice was not provided for this matter. Eliseo Alcantar, applicant, stated Minutes, December 12, 2012 2012-3556 Page 4 BC0016 he is losing work and employees as a result of the restricted hours and is unable to meet his customers demands. In response to Chair Conway, Mr. Alcantar and Mr. Ogle confirmed they have received no complaints since the approval of the case, but that adjacent property owners have not been notified of the request. Mr. Alcantar further explained there is no set schedule; he needs to operate on an on-call basis. In response to Commissioner Garcia, Mr. Barker stated this process should provide a public notice and may be more consistent with a minor amendment process, especially considering the opposing public testimony concerning the original permitting process. Commissioner Kirkmeyer commented there was a lot of discussion at the original hearing, the hours were expanded at that time, and it would be inappropriate to change without public notice. Chair Conway agreed and commented it is possible, given Mr. Alcantar's problem-free operations, that neighbors might be agreeable to the extension and suggested acquiring letters of support. Commissioner Rademacher referred to the minutes and the split vote, and stated he recognized the difficult position of the applicant; however, proper procedure would be to refer the request back to staff. Following discussion, Commissioner Kirkmeyer encouraged the applicant to look at ways to work within the existing Development Standard and discuss the issue with his neighbors and/or pursue the amendment process. The Board has reviewed the matter according to the resolution, and after discussion regarding proper procedure, no further action was taken. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Ordinances#245-B and #247 were approved on an emergency basis. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 10:10 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO \-in ATTEST: DIMAAd 1" 15 A) LThl-____ GOL SeaT. way, Chair Weld County Clerk to the Boar i *--1/4.....3 \\Wi a cia, Pro Tem BY: I i , I Deputy Cle k o the B RV (744.t.9,. r � h- i'-"?-'L I , rbara 4,ifkmeyer/ .0 04 l Ct David E. LdTig U Dougla Rademach Minutes, December 12, 2012 2012-3556 Page 5 BC0016 { (r. G'N >t9� W. j .r eC I O lissome a iiii "Ci IlYsoi © : - -• , k A '"d MS gi c:Lm4 a _ - C •� U g cb cN1 NiCli r E—i _ _ W jl,�� x'_ U _ }≥ W o -H �� W i cleat N I i'\ ��I�I �I� 'T� ��I�'p�l 1 I7� ��c� fi �y��\ t�� !L 'vV.gt 3013-- 3c.:,t pook legeolfrO �I z OIIIII ' C O ) a U CD ' Ct Co) cicS � Arc.O . cb N wrcs 1 ( � r 4. jillill WCI x o u �--� Lei 4 © ii.l"ll N W U w� - w r c 1 c x/ , i �� y 0 g O iseal 4. w w N Z ;-4 N et c2I-4 + o N v Coe mill o a -is ii- N �/ Q� I+I 0 V � a� � U 01:: �--.4 C , MM H IIIIMIMiiik Gla P i 0 H ICI I Z 0 r-♦ O 0 0 -CI Cub W C = Z N et c2-1 '- o 4 ca 4 o 0 . � - cizs CZ) NA U I C4 C W 2 M---a E a> la w A ffiMIMlit CA) A w W Lei fill '7 g W z o C Cium7 ti r7 jimeel o c:1•4 `� w o , , , ;-: U a cd ...a Q g • O t U - D w ro � -ler it 41. cn „.......k !�1 0 W g14 a t : i ' - , HOME CHAPTER 19: Coordinated Planning Agreements MS WORD TABLE OF CONTENTS ARTICLE IX Kersey Plan ARTICLE I Platteville Plan ARTICLE X Reserved ARTICLE II Dacono.Firestone and Frederick Plan ARTICLE XI LaSalle Plan ARTICLE III Dacono.Firestone.Frederick Standards ARTICLE XII Fort Lupton Plan ARTICLE IV Reserved ARTICLE XIII Ault Plan ARTICLE V Keenesbura Plan ARTICLE XIV Longmont Plan ARTICLE VI Reserved ARTICLE XV Hudson Plan ARTICLE VII Eaton Plan ARTICLE XVI GIlcrest Plan ARTICLE VIII Reserved APPENDIX ARTICLE XIII Ault Plan Sec. 19-13-10. Introduction. This Coordinated Planning Agreement is made and entered into effective as of the 29th day of April, 2002, A.D., between the County of Weld, State of Colorado, whose address is 915 10th Street, P.O. Box 758, Greeley, CO 80632, hereinafter called the "COUNTY," and the TOWN OF AULT, a Colorado Municipal corporation, whose address is 201 1st Street, P.O. Box 1098, Ault, CO 80610, hereinafter called the "MUNICIPALITY." (Weld County Codification Ordinance 2002-2) Sec. 19-13-20. Recitals. A. The COUNTY exercises governmental authority regulating land use, growth and development in its unincorporated areas, which areas include lands surrounding the MUNICIPALITY; and B. The MUNICIPALITY exercises governmental authority over the same matters within its municipal boundaries, and annexations, and is able to provide municipal services and facilities for efficient and desirable urban development;and C. In Title 29, Article 20, C.R.S., the General Assembly of the State of Colorado has granted broad authority to local governments to plan for and regulate the development and use of land within their respective jurisdictions; and D. In said Title 29, Article 20, C.R.S., the General Assembly has further authorized and encouraged local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building and related regulatory powers; and E. Existing and anticipated pressures for growth and development in areas surrounding the MUNICIPALITY indicate that the joint and coordinated exercise by the COUNTY and the MUNICIPALITY of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this agreement. (Weld County Codification Ordinance 2002-2) Sec. 19-13-30. Purposes and objectives. The purpose of this Agreement is to establish procedures and standards pursuant to which the parties will move toward greater coordination in the exercise of their land use and related regulatory powers I IFzfl tit a within unincorporated areas surrounding the MUNICIPALITY. The objectives of such efforts are to accomplish the type of development in such areas which best protects the health, safety, prosperity and general welfare of the inhabitants thereof by reducing the waste of physical, financial and human resources which result from either excessive congestion or excessive scattering of population, and to achieve maximum efficiency and economy in the process of development. However, any action taken pursuant to this Agreement that pertains to any land within the municipality, for incorporated areas, and within the County, for unincorporated areas, is subject to final approval by the governing body of the municipality or county,respectively. (Weld County Codification Ordinance 2002-2) Sec. 19-13-40. Definitions. For the purposes of this Agreement, the following terms shall be defined as set forth herein: Development. Any land use requiring regulatory approval by the elected governing body of the applicable party in the Urban Growth Area except for an amendment to a plat or a down-zoning, neither of which creates any additional lots, and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural uses, which are lawful uses, either as uses by right under Chapter 23 of the Weld County Code, or as legally existing nonconforming uses, are also exempt from the definition of Development. Non-Urban Development. Developments comprised of nine (9) or fewer residential lots, located in a nonurban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. Non-Urban Development shall also include land used or capable of being used for agricultural purposes and including development which combine clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for fanning and ranching operations for the next forty (40) years. Non-Urban Development on public water and septic systems may have a minimum lot size of one (1) acre and an overall gross density of two and one-half(2%) acres per septic system. Non-Urban Development proposing individual, private wells and septic systems shall have a minimum lot size of two and one- half(2'%) acres per lot. MUNICIPAL Referral Area. The area located outside of but within three (3) miles of the MUNICIPALITY's municipal boundaries. Urban Development. Developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All Urban Development shall pave the internal road systems of the developments. Urban Development requires services such as central water, sewer systems (including permitted septic systems), road networks, park and recreation facilities and programs,and storm drainage. The Urban Growth Area is hereby established and shall consist of all lands so designated on the map at Appendix I 9-M of this Chapter, EXCEPTING those lands located within the MUNICIPALITY's municipal boundaries. (Weld County Codification Ordinance 2002-2) Sec. 19-13-50. Planning coordination. This Agreement is intended to be a Comprehensive Development Plan adopted and implemented pursuant to Section 29-20-105(2), C.R.S. Following the execution of this Agreement by both parties, COUNTY Development approvals in the MUNICIPALITY's Referral Area will be processed and determined in accordance with the following: A. Referral. The COUNTY will refer all proposals for Development within the MUNICIPAL Referral Area to the MUNICIPALITY for its review and recommendation. Such referral will include at least a copy of the written Development proposal and preliminary COUNTY staff summary of the case. The COUNTY will allow not less than twenty-one (21) days for the MUNICIPALITY to review the same and furnish its recommendations to COUNTY staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not respond within such time, COUNTY staff may proceed with its recommendation, but any MUNICIPALITY comment or recommendation received on or before the Thursday next preceding the meeting of the Board of County Commissioners or Planning Commission at which the matter will be considered will be transmitted to the Board or Commission. If the MUNICIPALITY submits no comment or recommendation, the COUNTY may assume it has no objection to the proposal. If the MUNICIPALITY submits recommendations, the COUNTY will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the MUNICIPALITY by a separate writing. B. Development outside Urban Growth Area. To the extent legally possible, the COUNTY will disapprove proposals for Urban Development in areas of the MUNICIPAL Referral Area outside the Urban Growth Area. In reviewing proposals for Non-Urban Development in such areas, the COUNTY will apply its Comprehensive Plan and zoning and subdivision ordinances and, where appropriate, the RUA Plan. C Development in Urban Growth Area. The following shall apply to proposed Development in the Urban Growth Area: 1. Upon receipt of any proposal for Development of property then currently eligible for voluntary annexation to the MUNICIPALITY, the COUNTY will, in writing, notify the proponent of the opportunity for annexation and notify the MUNICIPALITY of the proposal. The COUNTY will not consider such proposal for Development unless the applicant or its predecessor has submitted a complete annexation petition and been denied said annexation by the MUNICIPALITY Board or electorate for a substantially similar development on the same property within the preceding twelve (12) months. The COUNTY may consider such a proposal if, after a period of seven (7) months from the date of filing of a complete annexation petition pursued in good faith by the applicant or its predecessor, the MUNICIPALITY has failed to approve or deny such annexation. 2. The MUNICIPALITY will consider the extension of sanitary sewer service to property in the Urban Growth Area, subject to its rules and regulations, which include provisions requiring a written contract for extraterritorial service and the construction of new mains and other facilities necessary to serve the property with costs assessed in accordance with the MUNICIPALITY's rules and regulations. The MUNICIPALITY agrees to give notice of any proposed change in said rules and regulations to the COUNTY twenty-one(21) days prior to adoption. 3. If the MUNICIPALITY provides municipal water service to property within its boundaries, it will provide water subject to its current rules and regulations. The MUNICIPALITY agrees to give notice of any proposed change in said rules and regulations to the COUNTY twenty-one (21) days prior to adoption. Where water furnished by the MUNICIPALITY is received in whole or in part from an outside water provider such as a water district under a Water Service Agreement dated June 25, 2001, the MUNICIPALITY shall exercise its obligations under this Agreement consistent with the terms of the Water Service Agreement. The MUNICIPALITY will negotiate in good faith with the water provider to explore ways in which the extension of water service outside MUNICIPALITY boundaries can be coordinated so as to achieve the purposes stated in Section 19-13-30 above while still recognizing the rights and obligations of the water provider and its constituents. 4. In recognition of the availability of public water within the Urban Growth Area as indicated in Paragraph 3 above, the COUNTY will require public water as a condition of approval of any subdivision, rezoning or planned unit development and will not approve such Development until the applicant obtains a written contract for the same with the MUNICIPALITY, or water service from North Weld County Water District, if the MUNICIPALITY cannot provide water. This Agreement shall be prima facie evidence of the availability of municipal water within the meaning of Section 32-1-203(2.5)(a),C.R.S. 5. The COUNTY will not grant any waiver of current Municipal street standards for any Development without the consent of the MUNICIPALITY and will consider identifiable impacts on the MUNICIPALITY's road system resulting from such Development on the same basis as in-COUNTY impacts. 6. To the extent legally possible, as determined by the COUNTY, the COUNTY will deny proposals for Non-Urban Development in the Urban Growth Area. Nothing in this Subsection shall restrict the COUNTY from approving the division of ownership parcels located in the Urban Growth Area having residential improvements served by septic systems, regardless of the size of resulting lots. Furthermore, the County shall not be restricted from allowing the expansion of legally existing non-urban uses provided that adequate protection for future urban uses is included in any such approval. 7. If any MUNICIPALITY recommendation of disapproval of a Development proposal is based upon a conflict or incompatibility between proposed uses in the Development and anticipated MUNICIPALITY zoning classification for the property, the COUNTY will not approve the same unless the applicant demonstrates: (a) that no such conflict or incompatibility will reasonably occur, (b) that suitable mitigation measures to be imposed by the COUNTY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or(c) that the MUNICIPALITY's anticipated zoning classification of the property is unreasonable because of existing or planned uses of adjacent property. The MUNICIPALITY shall be given notice of, and may appear and be heard at, any hearing or other proceeding at which the COUNTY will consider such issues. 8 The parties anticipate that Paragraphs 5 through 7 above will be addressed in more detail if a Mutually Acceptable Plan is considered and adopted for the UGA or the referral Area. 9. The COUNTY shall require that all stone water detention facilities in subdivisions approved within the UGA shall be designed to detain the storm water runoff from the fully developed subdivision from a one-hundred-year storm and release the detained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site. D. Mutuality of Impact Consideration. The parties recognize that decisions by one (I) party regarding development may impact property outside of each particular jurisdiction. The parties agree that those jurisdictional boundaries will not be the basis for giving any greater or lesser weight to those impacts during the course of deliberations. E. Referrals to County. The MUNICIPALITY will refer proposals for Development which lie within five hundred (500) feet of any property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral will include at least a copy of the written Development proposal. The MUNICIPALITY will allow not less than twenty-one (21) days for the COUNTY to review same and furnish its recommendations to the MUNICIPALITY. If the COUNTY submits no comment or recommendation, the MUNICIPALITY may assume it has no objection to the proposal. If the COUNTY submits recommendations, the MUNICIPALITY will either include within its written decision the reasons for any action taken contrary to the same or ' furnish such reasons to the COUNTY by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation of more than ten (10) acres, the provisions of this Section shall be deemed satisfied by compliance by the MUNICIPALITY with the Notice and impact statement / provisions of the most current version of the Municipal Annexation Act then in effect. If any COUNTY recommendation of disapproval of a Development proposal within five hundred (500) feet of any property in unincorporated Weld County is based upon a conflict or incompatibility between proposed uses in the Development and existing or anticipated zoning classification for the property, to the extent legally possible the MUNICIPALITY will not approve the same unless the applicant demonstrates: (1) that no such conflict or incompatibility will reasonably occur,or (2) that suitable mitigation measures to be imposed by the MUNICIPALITY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict. The COUNTY shall be given notice of, and may appear and be heard at, any hearing or other proceeding at which the MUNICIPALITY will consider such issues. (Weld County Codification Ordinance 2002-2; Weld County Code Ordinance 2009-8) Sec. 19-13-60. Annexation. A. The MUNICIPALITY will give serious consideration to all petitions for annexation of lands within the Urban Growth Area and will consider, in any determination to annex such properties, without limitation, the following factors: (1) the extension of one (1) or more municipal services to the area would place an unreasonable economic burden on the existing users of such services or upon the future residents or owners of property in the area itself; (2) the area is not reasonably contiguous in fact to the MUNICIPALITY's existing boundaries, and its annexation would result in disconnected municipal satellites. B. The MUNICIPALITY will not annex properties located outside the Urban Growth Area unless such property is both eligible for annexation and is necessary to the MUNICIPALITY for municipal purposes such as utilities. C To the extent legally possible, the MUNICIPALITY will annex the full width of each COUNTY road right-of-way contiguous to newly annexed property unless such road serves primarily COUNTY properties rather than existing or newly annexed Municipal properties, in which case the MUNICIPALITY will annex none of such COUNTY road right-of-way. D. Notwithstanding any provision hereof to the contrary, the MUNICIPALITY is not obligated to annex any property within a Development approved by the County after the execution of this Agreement by both parties which does not conform to the County Urban Growth Standards, unless a waiver or modification of such standards was granted by the COUNTY and approved by the MUNICIPALITY. E. Nothing in this Section shall be construed to limit the MUNICIPALITY from annexing any land within the Urban Growth Area, regardless whether such annexations are involuntary or result in disconnected municipal satellites. F. In determining off-site improvements to be constructed by proponents of in-MUNICIPALITY Development, the MUNICIPALITY will consider identifiable impacts on the COUNTY road system resulting from such Development on the same basis as in-MUNICIPALITY impacts. (Weld County Codification Ordinance 2002-2) Sec. 19-13-70. Implementation of Agreement. Following the mutual execution of this Agreement, each party will promptly enact and implement such amendments to its existing regulations as may be necessary to give effect to the provisions of Sections 19-13-50 and 19-13-60 above. Each party shall have sole and exclusive discretion to determine such measures and any new ones enabling it to perform this Agreement. Each party's land use regulations as referred to herein are ordinances whose amendment requires certain formalities, including notice and public hearings. The mutual covenants in this Section and elsewhere to implement this Agreement promptly are given and received with mutual recognition and understanding of the legislative processes involved, and such covenants will be liberally construed in light thereof. (Weld County Codification Ordinance 2002-2) Sec. 19-13-80. Miscellaneous provisions. A. Severability. Should any one (1) or more sections or paragraphs of this Agreement be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various sections and paragraphs are severable; provided, however, that the parties shall then review the remaining provisions to determine if the Agreement should continue as modified,or if the Agreement should be terminated. B. Enforcement. Either party may seek specific performance or enforcement of this Agreement in a Court of competent jurisdiction, but neither party shall have any claim or remedy for damages arising from an alleged breach hereof against the other, nor shall this Agreement confer on either party standing to contest a land use decision or action of the other except as a breach of this Agreement. This Agreement is not intended to modify the standing the parties may possess independent of this Agreement. This Agreement is between the MUNICIPALITY and the COUNTY and no third party rights or beneficiaries exist or are created hereby. C. Termination. This Agreement will continue in effect until June 30, 2004, and shall be renewed automatically thereafter for successive one-year periods. Notwithstanding the foregoing, however, either party may terminate this Agreement by giving at least twelve (12) months' written notice thereof to the other party. D. Amendment. Upon the request of either party, this Agreement shall be subject to amendment according to the same procedures as the original adoption (requiring the written consent of the amendment by both parties); provided, however, that changes in the Urban Growth Area defined in Section 19-13-40 herein may occur by resolution of the MUNICIPALITY concurred in by the COUNTY when the change is a deletion to the UGA or an addition of property which: (1) was in common ownership and contained within a common legal description with property previously included in the UGA; or (2) directly adjacent to and contiguous with property previously contained within the UGA and capable of being served by MUNICIPAL services, including water or sewer, within a reasonable period of time. (Weld County Codification Ordinance 2002-2; Weld County Code Ordinance 2003-9) APPENDIX 19-M URBAN GROWTH AREA MAP FOR AULT i- z z I E d o m Z FI— _ s• z Jif) ° iE . 0W Q m 2CJZU ' °' _ a; WC 311 Z k J Jrj�i '-Lk,ao — , 1 a — T • J • 1` • I .r F_EeMO (Weld County Code Ordinance 2002-2; Weld County Code Ordinance 2003-9) • ORDINANCE NO. 460 AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED LAND IN WELD • COUNTY, COLORADO INTO THE TOWN OF AULT, COLORADO AS MORE • FULLY DESCRIBED HEREIN AND KNOWN AS AMENDED CUNNINGHAM ANNEXATION#1,#2 WHEREAS, the Board of Trustees of the Town of Ault, Colorado has accepted a Petition for Annexation of certain hereinafter described property and has found such Pennon to he in substantial compliance with C.R.S. 31-12-107 (1), and; WHEREAS, Notice has been published pursuant to C.R.S. 31-12-108 and a public hearing was held by the Town Planning Commission review the petition for annexation for requirements for eligibility on September 5, 20]2 with a further review on November 7, 2012 and the Board of Trustees held a public hearing on December 4, 2012 on the proposed annexation and determined that the requirements of C.R.S. 31-12-104 and C.R.S. 31-12-105 and Article II, Section 30 of the Colorado Constitution have been met, that an election is not required, and no additional terms or conditions except as are set forth in the Annexation Agreement are to be imposed on the annexed areas. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF AULT, COLORADO AS FOLLOWS: Section 1. That a Petition for Annexation of real property situated in Weld County, Colorado was filed with the Town Clerk of the Town of Ault together with copies of the plat of the territory to be annexed. The Board of Trustees by Resolution at its regular meeting on September 12, 2012 accepted the Petition, and after holding a public hearing this Board found and determined that the applicable parts of the Municipal Annexation Act of 1965 have been demonstrated by the petitioner and further determined that an election was not required pursuant to the Municipal Annexation Act of 1965 and further approved the terms of an Annexation Agreement with the Petitioner. Section 2. The annexations to the Town of Ault of the property described in the attached Exhibit "A" and designated as the Amended Cunningham Annexation Nos. 1 and 2 are hereby approved and the property is hereby annexed to the Town of Ault. Section 3. The property described in Exhibit "A" attached hereto is hereby included in the corporate limits of the Town of Ault and this annexation shall be complete and effective from and after the effective date of this Ordinance for all purposes, except for the purpose of general property taxes and shall be effective as to general property taxes as provided by law. Section 4. In annexing said property to the Town, the Town does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets, or any other services, utilities, or infrastructure in connection with the property hereby annexed except as may be provided by the ordinances of the Town Section 5. The Town Clerk shall file one copy of the annexation map together with the original annexation Ordinance in the office of the Town Clerk and shall file two (2) certified copies of the annexation Ordinance and plat of the area to be annexed with the Weld County Clerk and Recorder. IS`READING- PASSED, ADOPTED AND APPROVED THIS 4'' day of December, 2012. TOWN OF AULT BY Jerre White, Mayor ATTEST: Sharon Sullivan,Town Clerk 2nd READING- PASSED, ADOPTED AND APPROVED THIS l2`'' day of December,2012. TOWN OF AULT BY Jerre White, Mayor ATTEST: Sharon Sullivan,Town Clerk EXHIBIT(-11131'1'A AMENDED CUNNINGI IAM ANNEXATION H I A PARCEL OF LAND BEING SITUATED IN SECTIONS TEN(10),ELEVEN(I I),FOURTEEN(14)AND FIFTEEN(15),TOWNSHIP SEVEN NORTH(T 7N). RANGE SIXTY-SIX WEST(R.66W.),SIXTH PRINCIPAL MERIDIAN(6TEI P M.),COUNTY OF WELD,STATE OF COLORADO,THE PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION l4,AS MONUMENTED BY A 3-1/4"ALUMINUM CAP ON A 2-1/2"ALUMINUM PIPE,PLS ILLEGIBLE,AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 14,AS MONUMENTED AT THE NORTH QUARTER CORNER OF SAID SECTION 14 BY A 3.1/4" ALUMINUM CAP ON A x16 REBAR,PLS 7242,AS BEARING SOUTH 89°52'47" WEST,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM,NORTH E AMERICAN DATUM 1983/92,A DISTANCE OF 2826 94 FEET WMTTI ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89°52'47"WEST ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14,A I)ISI ANCE OF 1112 7E FEL F TO THE WEST LINE OF THE HIGHLAND ANNEXATION AS RECORDED UNDER RECEPTION NUMBER 1677000,ALSO BEING THE.POINT OF BEGINNING; THENCE SOUTH 02°25'02"WEST ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET; THENCE NORTH 89°42'30"WEST A DISTANCE OF 4434 54 FEET; THENCE NORTH 00'36'42"EAST A DISTANCE OF 920.21 FEET; THENCE SOUTH 01°55'52"EAST A DISTANCE OF 880.48 FEET; THENCE NORTH 89°52'49"EAST A DISTANCE..OF 2682.65 FEET TO THE WEST LINE OF THE W.S.HOWARD FARM ANNEXATION AS RECORDED UNDER RECEPTION NUMBER 1766143; THENCE SOUTH 00°05'38"EAST ALONG SAID WEST LINE A DISTANCE OF 30.00 FEET TO'IHF.SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION I I,ALSO BEING THE SOUTH LINE OF SAID W.S.HOWARD FARM ANNEXATION; THENCE NORTH 89°52'47"EAST ON SAID SOUTH SECTION LINE AND SAID SOUTH ANNEXATION LINE A DISTANCE OF 1714 16 FEET TO TI lE POINT OF BEGINNING; SAID DESCRIBED PARCEL OF LAND CONTAINS 214,264 SQ.FT.OR 4.92 ACRES,MORE OR LESS. ANIHNl)1?1)Cl1NNINGI I.\\t ANNEXATION i?? A PARCEL OF LAND BEING SITUATED IN SECTIONS TWO(2),TTIRE:E(3),TEN(10),ELEVEN(I I),FOURTEEN(14)AND FIE FEEN(15),TOWNSHIP SEVEN NORTH(T.7N.),RANGE SIXTY-SIX WEST(R.66W.),SIXTH PRINCIPAL MERIDIAN(6TH P.M.),COUNTY OF WELD,STATE OF COLORADO, THE PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14,AS MONUMENTED BY A 3.1/4"ALUMINUM CAP ON A 2.112"ALUMINUM PIPE,PLS ILLEGIBLE,AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 14,AS MONUMENTED AT THE NORTH QUARTER CORNER OF SAID SECTION 14 BY A 3.1/4" ALUMINUM CAP ON A t/6 REBAR,PIS 7242,AS BEARING SOUTH 89°52'47" WEST,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM,NORTH AMERICAN DATUM 1983/92,A DISTANCE OF 2826.94 FEET WITH ALL OTHER BEARINGS CONTAINED I IEREIN RELATIVE THERETO; THENCE SOUTH 89°52'47"WEST ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14,A DISTANCE OF 1112 78 FEET TO THE WEST LINE OF THE HIGHLAND ANNEXATION AS RECORDED UNDER RECEPTION NUMBER 1677000, THENCE SOUTH 02°25'02"WEST ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF HIGHWAY 14, ALSO BEING THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING SEVEN(7)COURSES; 1 SOUTH 89°50'50"WEST A DISTANCE OF 78.30 FEET 2 SOUTH 89°56'53"WEST A DISTANCE OF 2532.79 FEET 3 NORTH 89°43'04"WESTA DISTANCE OF 1712.10 FEET 4. SOUTH 45°15'07"WEST A DISTANCE OF 83,75 FEET 5 SOUTH 88°44'13"WEST A DISTANCE OF 30.00 FEET 6. SOUTH 87°37'36"WEST A DISTANCE OF 30.01 FEET 7. NORTH 50°30'04"WEST A DISTANCE OF 104.62 FEET THENCE NORTH 00'3706'WEST A DISTANCE OF 30.00 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, THENCE NORTH 00O16'56"EAST A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT OF WAY OF HIGHWAY 14; TI IENCE NORTH 55°28'14"EAST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 94.11 FEET TO THE WEST RIGHT OF WAY OF WELD COUNTY ROAD 33,SAID WEST LINE BEING 30.00 FEET WEST AND PARALLEL TO THE.EAST LINE OF SAID SECTION 10; TIIENCH ALONG SAID WEST RIGHT OF WAY 11-IE FOLLOWING TWO(2)COURSES; I. NORTH 00°37'4T WEST A DISTANCE OF 2549.24 FEET 2 NORTH 00°41'40"WEST A DISTANCE OF 2664.34 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3; THENCE NORTH 01°22'46"EAST ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 33,SAID WEST LINE BEING 30.00 FEET WEST AND PARALLEL.TO TILE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3 A DISTANCE OF 2381.14 FEET, THENCE NORTH 88°38'17"EAST A DISTANCE OF 652.95 FEET, THENCE SOUTH 01'22'47 WEST A DISTANCE OF 334 00 FEET; THENCE SOUTH 88°38'17"WEST A DISTANCE OF 411.21 FEET; THENCE NORTH 01°22'47"EAST A DISTANCE OF 148.35 FEET; THENCE NORTH 88`37'13"WEST A DISTANCE OF 21.74 FEET; THENCE NORTH 01°22'47"EAST A DISTANCE OF 111.66 FEET; THENCE SOUTH 88°38'17"WEST A DISTANCE OF 159.92 FEET TO THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 33,SAID EAST LINE BEING 30.00 FEET EAST AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE SOUTH 01°22'47"WEST ON SAID EAST RIGHT OF WAY LINE A DISTANCE OF 2308.54 FEET TO THE SOUTH LINE OF SAID SECTION 2, THENCE ALONG THE,EAST RIGHT OF WAY LINE OF SAID WELD COUNTY ROAD 33,SAID EAST LINE BEING 30.00 FEET EAST AND PARALLEL TO TI IE WEST LINE OF SAID SECTION II THE FOLLOWING THREE(3)COURSES; I SOUTH 00°3725'EAST A DISTANCE OF 30.00 FEET 2 SOUTH 00°41'40"EAST A DISTANCE OF 2634.70 FEET 3. SOUTH 00°3747"EAST A DISTANCE OF 2549.95 FEET TO THE NORTH RIGHT OF WAY OF HIGHWAY 14 THENCE ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING FOUR(4)COURSES, !. SOUTH 490I7'34"EAST A DISTANCE OF 83.27 FEET 2 SOUTH 89°43'04"EAST A DISTANCE OF 585.00 FEET 3. SOUTH D0°16'56"WEST A DISTANCE OF 16.38 FEET 4 SOUTH 89°54'22."EAST A DISTANCE OF 2025.52 FEET TO THE NORM I LINE or THE AMENDED CUNNINGHAM ANNEXATION 5I THENCE ALONG SAID AMENDED CUNNINGHAM ANNEXATION RI THE FOLLOWING FOUR(4)COURSES; I SOUTH 89°52'49"WEST A DISTANCE OF 2682.65 FEET 2. NORTH 01°55'52"WEST A DISTANCE OF 880.48 FEET 3. SOUTH 00°36'42"WEST A DISTANCE OF 920.21 FEET 4. SOUTH 89°42'30"EAST A DISTANCE OF 4434.54 FEET TO THE POINT OF'BEGINNING; SAID DESCRIBED PARCEL OF LAND CONTAINS 689,558 SQ. FT.OR 15.83 ACRES,MORE OR LESS. RESOLUTION 2012-15 OF THE BOARD OF TRUSTEES OF THE TOWN OF AULT SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE CUNNINGHAM ANNEXATION #1, & 2 WHEREAS, annexation proceedings were heretofore initiated by Petition to the Board of Trustees of the Town of Ault for property to be known as the Cunningham #1 & 2 Annexation; and WHEREAS, Notice has been published pursuant to C.R.S. 31-12-108 and the Planning Commission has reviewed the petition for annexation to meet eligibility requirements and the Board of Trustees have held a public hearing on the proposed annexation and hereby determine that the requirements of C.R.S. 31-12-104 and C.R.S. 31- 12-105 and Article II, Section 30 of the Colorado Constitution have been met and that an election is not required and no additional terms or conditions except as are set forth in the Annexation Agreement are to be imposed on the annexed areas. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF AULT, COLORADO AS FOLLOWS: Section 1. That the Board of Trustees hereby finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Colorado Municipal Annexation Act of 1965. Section 2. That the Board of Trustees further finds that the petition for annexation complies with the requirements of the Act. Section 3. That the Board of Trustees further finds that there is at least one-sixth (1/6) contiguity between the Town and each annexation parcel proposed to be annexed, taking into account the other annexation parcels; that a community of interest exists between the property proposed to be annexed and the Town; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the Town. Section 4. That the Board of Trustees further finds that the requirements of the applicable provisions of section 30 of article II of the Colorado State Constitution and sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes have been met. Section 5. That the Board of Trustees further finds that an election is not required under section 30(1)(a) of article II of the Colorado State Constitution or section 31-12- 107(2) of the Colorado Revised Statutes. Section 6. That the Board of Trustees further finds that comments have been submitted and concerns raised by surrounding property owners, Weld County, and North Weld Water District and have been received by the Board of Trustees. Section 7. That the Board of Trustees further determines that that there are no other terms and conditions to be imposed upon said annexation. Section 8. That the Board of Trustees concludes that the area is eligible for annexation to the Town of Ault and should be annexed. Passed and adopted at a special meeting of the Board of Trustees of the Town of Ault held this 44°i day of December, 2012. TOWN OF AULT BY Jerre White, Mayor ATTEST: Sharon Sullivan,Town Clerk Hello