HomeMy WebLinkAbout20042383.tiff WELD COUNTY
CODE ORDINANCE 2004-8
IN THE MATTER OF THE ADDITION OF ARTICLE XV HUDSON 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 XV, Hudson 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 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.
2004-2383
PAGE 1 ORD2004-8
The above and foregoing Ordinance Number 2004-8 was, on motion duly made and
seconded, adopted by the following vote on the 20th day of September, A. D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Robert D. Masden, Chair
Weld County Clerk to the Board
William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
David E. Long
County Attorney
Glenn Vaad
Publication: July 28, 2004
First Reading: August 11, 2004
Publication: August 18, 2004, in the Fort Lupton Press
Second Reading: August 30, 2004
Publication: September 8, 2004, in the Fort Lupton Press
Final Reading: September 20, 2004
Publication: September 29, 2004, in the Fort Lupton Press
Effective: October 4, 2004
2004-2383
PAGE 2 ORD2004-8
COORDINATED PLANNING AGREEMENT
This Coordinated Planning Agreement is made and entered into effective as of the "`day
of, /)7at_� , 2003, 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 HUDSON, a Colorado Municipality, whose address is 557 Ash Steet, P.O. Box 351,
Hudson, CO 80642, 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
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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 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 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.
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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.
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, 2005,
and shall be renewed automatically thereafter for successive one (1) year periods.
Notwithstanding the foregoing, however, either party may terminate this agreement after
June 30, 2005, by giving at least thirty (30) days'written notice thereof to the other party.
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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
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:
David E. Long, Chairman
ATTEST:
Weld County Clerk to the Board By:
Robert D. Masden, Pro Tern
By:
Deputy Clerk to the Board By:
M. J. Geile
By:
William H. Jerke
By:
Glenn Vaad
OF HVO
APO TOWN OF HUDSON, COLORADO
: SEAL o By: e" L
( QQ4 Charles E. Rossi, Mayor
ATTEST: CO. COt.1
BY: , r%1 ��l/ '----
udy Lars Town Clerk
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