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ORDINANCE NO. 201-A
IN THE MATTER OF AMENDMENTS TO WELD COUNTY ORDINANCE NO. 201, REGARDING
A COORDINATED PLANNING AGREEMENT FOR REFERRAL AND ENFORCEMENT
PROCEDURES AND UNIFORM BASELINE STANDARDS AMONG THE COUNTY OF WELD,
CITY OF DACONO, TOWN OF FIRESTONE, AND TOWN OF FREDERICK
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, on August 24, 1998, the Board of County Commissioners enacted Weld
County Ordinance No. 201, regarding a Coordinated Planning Agreement for referral and
enforcement procedures and uniform baseline standards among the County of Weld, City of
Dacono, Town of Firestone, and Town of Frederick, and
WHEREAS, the following amendments to the agreement among the County of Weld, Cty
of Dacono, Town of Firestone, and Town of Frederick, also referred to as the South Weld Courty
Land Use Plan, have been considered and approved by said municipalities, and
WHEREAS, the Board of County Commissioners deems it advisable to amend said
Ordinance No. 201 .
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that the following amendments are made to Weld County
Ordinance No. 201, regarding a Coordinated Planning Agreement for Referral and Enforcement
Procedures and Uniform Baseline Standards Among the County of Weld, City of Dacono, Town
of Firestone, and Town of Frederick.
AMEND Section 1.1 to read:
Intent: The intent of this intergovernmental agreement is to establish baseline
regional standards and a uniform communication process for new
development activities in a predefined area in unincorporated Weld County.
These standards do not attempt to address every design related issue,
rather they emphases eight major design components. These components
were specifically chosen based on aesthetic and functional value to the
region. Much of the emphasis of these standards is intricately related to
major transit corridor patterns.
The success of these standards is attainable only through a recognition of
the value and land use authority of each participating community. Only
working together can a region be developed which will accommodate both
the land use needs of today and tomorrow.
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PAGE 2
It is not the intent of these standards to replace the Agreement between
Dacono, Firestone, Frederick, and Weld County (adopted by Weld County
on March 24, 1997 as Ordinance 195); both documents are intended to
remain in full force and effect;and only in the event of irreconcilable conflicts
between this document and the agreement of March 24, 1997, shall the
terms of these standards supercede those of the March 24, 1997
Agreement.
ADD Section 8.3.4 as follows:
Where the Referring Government is aware that the applicant is proposing
development which does not strictly conform to the Design Standards,the Referring
Government shall identify those variances at the time of the initial referral or, if not
apparent at the time of referral, within 10 days of becoming aware of the variance.
AMEND Section 8.5.1 to read:
Design Standard Comments. Design Standard Comments are comments that the
application is inconsistent with the IGA Design Standards. All such notices must
include a statement identifying the IGA Design Standard(s) that has been violated
and specifying why the decision violates that design standard(s). Where the
Referring Government has identified variances from the Design Standards, Design
Standard comments must be made within 21 days or the Commenting Government
shall have been deemed to have waived any right to appeal based upon said
standards.
DELETE Section 8.9.1.2 in its entirety and renumber as appropriate.
AMEND Section 8.9.6 to read:
Decisions. Following the presentations and any discussion, the Board shall make
a decision at the same meeting as to whether(1)the application as approved by the
Review Body was consistent with the IGA Design Standards, or as consistent as
possible in light of unique constraints of the site not created by the applicant, or (2)
the application as approved by the Review Body was not consistent with the IGA
Design Standards,in which case the Board may propose mitigation measures which
make the design consistent with the intent of the Design Standards which may be
accepted.
AMEND Section 8.9.7 to read:
Quorum and Required Votes. All four members of the Board must be present
before the Board may act on any Appeal. The votes of three out of the four Board
members shall be required to conclude that any application, as approved by a
Review Body, was not consistent with the IGA Design Standards.
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PAGE 3
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that the above stated amendments to the agreement among
the County of Weld, City of Dacono, Town of Firestone, and Town of Frederick, also referred to as
the South Weld County Land Use Plan, be, and hereby are, approved.
BE IT FURTHER ORDAINED by the Board that the Chair is authorized to sign said
amendments to said agreement.
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.
The above and foregoing Ordinance No. 201-A was, on motion duly made and seconded,
adopted by the following vote on the 14th day of September, A. D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: --
Barbara J. Kirkmeyer, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board --
George E. Baxter
APPROVED AS TO FORM: —_
Dale K. Hall
County Attorney --
Glenn Vaad
First Reading: July 26, 2000
Publication: August 3, 2000
Second Reading: August 14, 2000
Publication: August 24, 2000
Final Reading: September 6, 2000
Publication: September 14, 2000
Effective: September 19, 2000
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ORD201
IN WITNESS WHEREOF, the parties have approved and execute this Amendment on the
dates shown below, the effective date hereof being the last date on which a party hereto has
approve and executed this Amendment.
APPROVED AND EXECUTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, COLORADO THIS DAY OF , 2000
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ——
Barbara J. Kirkmeyer, Chair
Weld County Clerk to the Board
BY,
Deputy Clerk to the Board
APPROVED AND EXECUTED BY THE TOWN OF FIRESTONE, COLORADO THIS
DAY OF , 2000.
TOWN OF FIRESTONE, COLORADO
ATTEST: --
Rick Patterson, Mayor
BY:
T. L. Peterson, Town Clerk
APPROVED AND EXECUTED BY THE CITY OF DACONO, COLORADO THIS DAY
OF , 2000.
CITY OF DACONO, COLORADO
ATTEST:
Linda D. Stepien, Mayor
BY:
Nancy Elliott, City Clerk
APPROVED AND EXECUTED BY THE TOWN OF FREDERICK, COLORADO THIS
DAY OF , 2000.
TOWN OF FREDERICK, COLORADO
ATTEST:
Edward Tagliente, Mayor
BY:
Karen Borkowski, Town Clerk
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