HomeMy WebLinkAbout20020648.tiff WELD COUNTY
CODE ORDINANCE 2002-2
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19,
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 for the 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 certain existing Chapters of the Weld County Code
be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
Add Article XIII - Ault 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.
2002-0648
PAGE 1 ORD2002-2
The above and foregoing Ordinance Number 2002-2 was, on motion duly made and
seconded, adopted by the following vote on the 29th day of April, A. D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Glenn Vaad, Chair
Weld County Clerk to the Board
David E. Long, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
William H. Jerke
County Attorney
Robert D. Masden
Publication: March 6, 2002
First Reading: March 18, 2002
Publication: March 27, 2002, in the Tri-Town Farmer and Miner
Second Reading: April 8, 2002
Publication: April 17, 2002, in the Tri-Town Farmer and Miner
Final Reading: April 29, 2002
Publication: May 8, 2002, in the Tri-Town Farmer and Miner
Effective: May 13, 2002
2002-0648
PAGE 2 ORD2002-2
,r.
EXHIBIT "A"
7-26-01
COORDINATED PLANNING AGREEMENT
This Coordinated Planning Agreement is made and entered into effective as of the_day
of, , 2001, 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 1" Street, P.O. Box
1098, Ault, CO 80610, hereinafter called the "MUNICIPALITY."
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,Colorado Revised Statutes,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, Colorado Revised Statutes, 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.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties agree as follows:
1. 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 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.
1
i"`^
2. DEFINITIONS. For the purposes of this Agreement the following terms shall be
defined as set forth herein:
2.1 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 the Weld County Zoning Ordinance, as amended, or
as legally existing non-conforming uses, are also exempt from the definition of
"Development".
2.2 Non-Urban Development. Developments comprised of nine (9) or fewer
residential lots, located in a non-urban area as defined in Chapter 22 of the Weld County
Code, not adjacent to other PUD's, 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 farming
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.
2.3 MUNICIPAL Referral Area. The area located outside of but within three
miles of the MUNICIPALITY's municipal boundaries.
2.4 Urban Development. Developments exceeding nine(9)lots and/or located
in close proximity to existing PUD's, 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.
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 "Exhibit A,"
EXCEPTING those lands located within the MUNICIPALITY's municipal boundaries.
3. PLANNING COORDINATION. This Agreement is intended to be a
Comprehensive Development Plan adopted and implemented pursuant to C.R.S. §29-20-105(2).
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:
3.1 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 same and furnish its recommendations to COUNTY
staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does
2
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.
3.2 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 MUD Plan.
3.3 Development in Urban Growth Area. The following shall apply to
proposed Development in the Urban Growth Area:
(a) 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 12 months. The COUNTY may consider such a proposal if, after a period
of seven 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.
(b) 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.
MUNICIPALITY agrees to give notice of any proposed change in said rules and
regulations to COUNTY 21 days prior to adoption.
(c) If the MUNICIPALITY provides municipal water service to property
within its boundaries, it will provide water subject to its current rules and regulations.
MUNICIPALITY agrees to give notice of any proposed change in said rules and
regulations to COUNTY 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 1 above while still recognizing the rights and obligations
of the water provider and its constituents.
3
(d) In recognition of the availability of public water within the Urban
Growth Area as indicated in paragraph (c) 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 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§32-1-203(2.5)(a), C.R.S.
(e) 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.
(f) 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 adequate protection for future urban uses
is included in any such approval.
(g) 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 same unless the applicant demonstrates
(i) that no such conflict or incompatibility will reasonably occur, (ii) 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(iii)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.
(h) The parties anticipate that ¶ 3.3 (e)-(g) will be addressed in more
detail if a Mutually Acceptable Plan is considered and adopted for the UGA or the
referral Area.
(i) The COUNTY shall require that all storm 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 100-year storm and release the
detained water at a quantity and rate not to exceed the quantity and rate of a 5-year
storm falling on the undeveloped site.
3.4 Mutuality of Impact Consideration. The parties recognize that decisions
by one 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.
4
3.5 Referrals to County. The MUNICIPALITY will refer proposals for
Development which lie within 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
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 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 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 same unless the applicant
demonstrates (i) that no such conflict or incompatibility will reasonably occur, or (ii) 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.
4. ANNEXATION.
4.1 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: (i) the extension of one
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; (ii)the area is not reasonably contiguous in fact to the MUNICIPALITY's existing
boundaries, and its annexation would result in disconnected municipal satellites.
4.2 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.
4.3 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.
4.4 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.
5
4.5 Nothing in this Section 4 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.
4.6 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.
5. 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 3, and 4. 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.
6. MISCELLANEOUS PROVISIONS.
6.1 Severability. Should any one 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.
6.2 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 part 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.
6.3 Termination. This Agreement will continue in effect until June 30, 2003.
The parties shall review the Agreement in June, 2003, and in June of each succeeding
year to determine if the Agreement should continue in effect for the period of a year
thereafter. The parties may terminate this Agreement at any time if a mutually acceptable
Comprehensive Land Use Plan for the MUNICIPALITY referral area or growth area is
developed and implemented by both parties
6.4 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 ¶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 (a) was in common ownership and contained within a
common legal description with property previously included in the UGA; or (b) directly
6
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.
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:
, Chair
ATTEST:
Weld County Clerk to the Board By:
, Pro Tern
By:
Deputy Clerk to the Board By:
By:
By:
TOWN OF AULT, COLORADO
t _sown OF,y \I
.+.a. I i/ By: ...(21---4-1 �W/�✓
s 0
* SEAL) *1 i Stan Cass,
1 1904
II� V..V
AI ........... art
By: j Q ',nun, s . L1' L
Patricia Lesh, Town Clerk
7
Hello