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HomeMy WebLinkAbout20001766.tiff c,20, -.neo 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. 2000-1766 ORD201 ORDINANCE #201A 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. 2000-1766 ORD201 ORDINANCE #201-A 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 2000-1766 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 Hello