HomeMy WebLinkAbout20001248.tiff ORDINANCE NO. 216
44/-92
IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT BETWEEN THE
COUNTY OF WELD AND THE TOWN OF KERSEY
CI, .
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, Title 29, Article 20, C.R.S., authorizes and encourages 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
WHEREAS, existing and anticipated pressures for growth and development in areas
surrounding the Town of Kersey indicate that the joint and coordinated exercise by the County of
Weld and said municipality of its respective planning, zoning, subdivision, building and related
regulatory powers in such areas will best promote the objectives stated in this ordinance, and
WHEREAS, the attached Coordinated Planning Agreement between the Weld County
Board of Commissioners, on behalf of the Department of Planning Services, and the Town of
Kersey, a copy of which is attached hereto and incorporated by this reference, has been
considered and approved by said municipality.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that the attached Coordinated Planning Agreement between
the Weld County Board of Commissioners, on behalf of the Department of Planning Serviiices, and
the Town of Kersey be, and hereby is, approved.
BE IT FURTHER ORDAINED by the Board that the Chair is authorized to sign the attached
Coordinated Planning 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.
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RE: ORDINANCE NO. 216
PAGE 2
The above and foregoing Ordinance No. 216 was, on motion duly made and seconded,
adopted by the following vote on the 22nd day of May, A. D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: 1I / ��,� ��
NrCra �A&� Barbara irkmeyer, Chair County Clerk to the Board 7
� 1. /4i '7 / J. eile, Pro-Tem
t4
4 F pu I k to the Board / ` f e_
r e E. Baxter
TO FO M:
(1)' - Dale K. Hall ,
=County Attorney — - ,%-r,-a4Glenn Vaad
First Reading: April 12, 2000
Publication: April 20, 2000, in the South Weld Sun
Second Reading: May 1, 2000
Publication: May 11, 2000, in the South Weld Sun
Final Reading: May 22, 2000
Publication: May 25, 2000, in the South Weld Sun
Effective: May 30, 2000
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COORDINATED PLANNING AGREEMENT
This Coordinated Planning Agreement is made and entered into effective as of the 30th day
of, May, 2000, 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
KERSEY, a Colorado Municipal corporation, whose address is 332 Third Street, P.O. Box 67,
Kersey, CO 80644, 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 wi!II 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 resu t 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.
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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. Land uses which typically do not require
services such as central water and sewer systems, road networks, park and
recreation services, storm drainage, and the like, and which are generally
considered to be rural in nature, expressly including land used or capable
of being used for agricultural production and including developments 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 years.
2.3 MUNICIPAL Referral Area. The area located outside of but within three
miles of the MUNICIPALITY's municipal boundaries.
2.4 Urban Development. Development which is characterized by development
density typical to urbanized areas and requires support services such as
central water and sewer systems, road networks, park and recreation
facilities and programs,storm drainage,and other similar services which are
typically furnished by MUNICIPALITY.
2.5 The Urban Growth Area is hereby established and shall consist of all lands
designated as "Primary Urban Growth Area" 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 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
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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 require 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 anc 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, subject to its 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 under a Water Service Agreement dated August 10,
1974, 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
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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 and sewer service
within the Urban Growth Area as indicated in paragraphs (b) and (c)
above, the COUNTY will require public water and sewer service 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 Central Weld County Water
District,if the MUNICIPALITY cannot provide water.This Agreement
shall be prima fade evidence of the availability of municipal water
and sewer service 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.
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, by means of a process such as recorded
exemption or subdivision exemption,the isolated partition or division
of ownership parcels located in the Urban Growth Area having
existing residential improvements served by septic systems,
regardless of the size of resulting lots. Nevertheless, the COUNTY
will not permit such a concentration of such divisions in any
particular area as will frustrate or materially hinder the evolution of
genuine Urban Development, as defined in §2.4 of this Agreement.,
in the Urban Growth Area. 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 (Hi) 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.
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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.
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 cf 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 effec. 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 limitatior, 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.
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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.
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 reach
hereof against the other, nor shall this agreement confer on either part
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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, 2002.
The parties shall review the Agreement in June, 2002, and in June o*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 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
GG�G(� W�DC/OUNTY, COLD DO
Y�rv'vl ATTEST: I/(/,1 /(`�Tt!/U✓LS_Q: t/ hu
Barbara . irkmeyer, hair
QClerto the Board �1
k
/ M. . G ile, Pro-Temp
totheBoard E. BTO FOR1v1`: Dale K. Hall
traomy Attorney/ f ---
Glenn Vaad
---
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TOWN or CITY of KERSEY, COLORADO
BY
Tom Schemp, Mayor
*,'
+L r� :
B{yy' ���w � I . , Lit"us-
Oate• , Clerk
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d
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KERSEY IGA MAP ,
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MIMI li CITIES WITHIN
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Date: LUG. 23. 2O00
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