HomeMy WebLinkAbout20050665.tiff WELD COUNTY
CODE ORDINANCE 2005-2
IN THE MATTER OF THE ADDITION OF ARTICLE XVI, GILCREST PLAN, TO CHAPTER 19
COORDINATED PLANNING AGREEMENTS, 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 Article XVI, Gilcrest Plan, be, and hereby is, added to
Chapter 19, Coordinated Planning Agreements, of the Weld County Code, as follows:
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
Add Article XVI - Gilcrest 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.
2005-0665
PAGE 1 ORD2005-2
The above and foregoing Ordinance Number 2005-2 was, on motion duly made and
seconded, adopted by the following vote on the 28th day of February, A. D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
Publication: January 19, 2005
First Reading: February 7, 2005
Publication: February 16, 2005, in the Fort Lupton Press
Second Reading: February 28, 2005,
Publication: March 9, 2005, in the Fort Lupton Press
Final Reading: March 21, 2005
Publication: March 30, 2005, in the Fort Lupton Press
Effective: April 4, 2005
2005-0665
PAGE 2 ORD2005-2
COORDINATED PLANNING AGREEMENT
This Coordinated Planning Agreement is made and entered into effective as of
the day of , 2004, 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 GILCREST, a Colorado
Municipality, whose address is 304 8th Street, P.O. Box 128, Gilcrest, CO 80623,
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
CN8\53377W53517.01
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.
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 1/2) 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 1/2) 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
CNs153377Ma3517.01 2
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
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 twelve (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
CNB\533TMs3517.01 3
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 twenty-one (21) days prior to adoption.
(c) If the MUNICIPALITY provides municipal water service to
property within its boundaries, subject to its current rules and regulations,
it will provide water under provisions similar to those indicated above for
sewer service. Where water furnished by the MUNICIPALITY is received
in whole or in part from an outside water provider such as a water district,
the MUNICIPALITY shall exercise its obligations under this agreement
consistent with the terms of any such agreement. Developer shall be
responsible for constructing any infrastructure necessary to serve the
property with municipal water service. 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.
(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 a water district, if the
MUNICIPALITY cannot provide water. This Agreement shall be prima
fade 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.
(t) 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.
CNB\533TM63517.01 4
(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.
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
CNBA5337%453517.01 5
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. Nothing stated
herein requires the MUNICIPALITY to annex any property.
4.2 The MUNICIPALITY will not annex properties located outside the
Urban Growth Area unless such property is both eligible for annexation and the
MUNICIPALITY'S Board of Trustees determines that it 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. Nothing in this subsection 4.3
shall require the MUNICIPALITY to annex any unplatted COUNTY road right-of-
way for which the owners of such property do not desire to be annexed.
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.
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.
CNs183arn453517.01 6
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 July 31,
2005, and shall be renewed automatically thereafter for successive one (1) year
periods. Notwithstanding the foregoing, however, either party may terminate this
agreement by giving at least sixty (60) days' written notice thereof to the other
party.
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
CNS1533T71453517.01 7
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 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.
6.5 Independent authority. Nothing herein shall be construed as a
waiver or other voluntary or involuntary modification of either party's independent
authority and discretion over land use decisions within its own respective
boundary, it being the intent of this Agreement to facilitate consultation and
voluntary cooperation between the parties in the planning and development of
the UGA.
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:
Robert D. Masden, Chairman
ATTEST:
Weld County Clerk to the Board By:
William Jerke, Pro Tem
By:
Deputy Clerk to the Board By:
M. J. Geile
By:
David E. Long
By:
H ,�of I C Glenn Vaad
SEAL TOWN OF GILCREST
pRp.�i Menda arne, Mayor
1/4.crsirsoseii
CL
By: ciir'c C�
Linda Chosa, Town Clerk
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