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HomeMy WebLinkAbout20071776.tiff 'Cr 57' Cl v7 (, -75-2a0rl WELD COUNTY CODE ORDINANCE 2007-3 IN THE MATTER OF AMENDING CHAPTER 19 COORDINATED PLANNING AGREEMENTS, ARTICLE XV HUDSON PLAN, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1,enacting a comprehensive Code forthe County of Weld,including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirement therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado,that Chapter 19 Coordinated Planning Agreements,Article XV Hudson Plan, be, and hereby is, amended as follows: CHAPTER 19 COORDINATED PLANNING AGREEMENTS Amend Article XV - Hudson Plan, per the attached Agreement, marked as Exhibit A. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub- sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar,and numbering or placement of chapters, articles, divisions,sections,and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection,paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 2007-1776 PAGE 1 ORD2007-3 The above and foregoing Ordinance Number 2007-3 was, on motion duly made and seconded, adopted by the following vote on the 6th day of August, A. D., 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: David E. Long, Chair Weld County Clerk to the Board William H. Jerke, Pro-Tem BY: Deputy Clerk to the Board William F. Garcia APPROVED AS TO FORM: Robert D. Masden County Attorney Douglas Rademacher Publication: June 13, 2007 First Reading: June 25, 2007 Publication: July 4, 2007, in the Fort Lupton Press Second Reading: July 16, 2007 Publication: July 25, 2007, in the Fort Lupton Press Final Reading: August 6, 2007 Publication: August 15, 2007, in the Fort Lupton Press Effective: August 20, 2007 2007-1776 PAGE 2 ORD2007-3 Memorandum TO: Board of County Commissioners IDATE: April 6, 2007 C� FROM: Brad Mueller COLORADO Department of Planning Services RE: Hudson IGA Amendment CC: Bruce Barker Request The Town of Hudson is requesting to amend the existing Intergovernmental Agreement between Hudson and Weld County under the provisions of Section 19-14-80.D of the Weld County Code. The proposed amendment would not change any provisions or clauses within the current IGA. The only text change is to the reference of"Exhibit A"to"Amended Exhibit A,"found in paragraph 2.5 of the Coordinated Planning Agreement. With a mapping change to Exhibit A (i.e., the IGA map, also Appendix 19-O of the Weld County Code), the amendment would add approximately 350 acres into the limits of the Urban Growth Area. The largest area is located approximately 11/2 miles north of the current city limits and is intended to accommodate an anticipated annexation for a prison. A second area of approximately 40 acres is proposed in the far southwest corner of the Town, along County Road 8 and 1-76. History The current IGA was approved in October 2004 and can be found as Article XV of the Weld County Code. Some of the major provisions of the IGA include establishing procedures for coordinating land use matters between the Town and the County, defining an Urban Growth Area, and encouraging that urban development take place within that Urban Growth Area. The current IGA automatically renews for successive one-year periods. Staff research indicated that there are no Special Use Permits or other zoning permits on the properties of the land proposed for inclusion. Recommendation The Planning Commission reviewed this proposal on February 20, 2007, and is recommending approval. AMENDMENT TO COORDINATED PLANNING AGREEMENT TOWN OF HUDSON --WELD COUNTY, COLORADO This Amendment to Coordinated Planning Agreement is made and entered into effective as of the_day of, , 2007, A.D. between the Board of County Commissioners of 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 HUDSON, a Colorado municipality, whose address is 557 Ash, P.O. Box 351, Hudson, CO 80642, hereinafter called the "MUNICIPALITY." RECITALS A. COUNTY and MUNICIPALITY entered into a Coordinated Planning Agreement ("Agreement")with an effective date of October 25, 2004; and A. Said Agreement includes an amendment provision, Section 6.4 therein, which states: "That changes in the Urban Growth Area defined in paragraph 2.5 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", and B. The parties desire to amend the INTERGOVERNMENTAL AGREEMENT MAP referred to in paragraph 2.5 as "Exhibit A". To add additional property in the UGA, with "Amended Exhibit A" attached herein and included by reference. NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein set forth, the parties agree to amend their Coordinated Planning Agreement ("Agreement"), as follows: 2.5 The Urban Growth Area is hereby established and shall consist of all lands so designated on the map attached hereto and referred to herein as "Amended Exhibit A", EXCEPTING those lands located within the MUNICIPALITY'S municipal boundaries. This Amended Map ("Amended Exhibit A") shall replace the current map located in the Weld County Code at Chapter 19, Appendix 19-O. Page 1 of 2 Pages IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. COUNTY OF WELD, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD By: David E. Long, Chairman ATTEST: Weld County Clerk to the Board By: William H. Jerke, Pro Tem By: Deputy Clerk to the Board By: William Garcia By: Robert D. 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