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ORDINANCE NO. 187
IN THE MATTER OF THE ADOPTION OF AN INTERIM COORDINATED PLANNING AGREEMENT
WITH THE TOWN OF PLATTEVILLE
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
i1 of administering the affairs of Weld County, Colorado, and
WHEREAS, Title 29, Article 20, Colorado Revised Statutes, 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 indicate that the joint and coordinated exercise by the COUNTY and the
TOWN of their respective planning, zoning, subdivision, building and related regulatory powers in
such areas will best promote the objectives stated in this ordinance, and
WHEREAS, the Weld County Comprehensive Plan, as recently amended, contemplates the
creation of such agreements, and
WHEREAS, the attached Interim Coordinated Planning Agreement has been considered and
approved by the Town of Platteville.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that the attached Interim Coordinated Planning Agreement with
the Town of Platteville which shall be incorporated by this reference, is and shall be approved.
BE IT FURTHER ORDAINED by the Board that the Chairman is authorized to sign the
attached Interim 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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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 114
vrcu187
RE: ORDINANCE NO. 187
PAGE 2
The above and foregoing Ordinance Number 187 was, on motion duly made and seconded,
adopted by the following vote on the 21st day of February, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
•
VVED COUNTY, COLORADO/
F a,S ri. ,A 8arbar . Kirkmeyer, Ch it
1861 cipo �my Clerk to the Board
�rrr,tihiTeir . Baxter Pr Tern
O
`v� eputy CI>t to the Board
Da, K. Hall
AP OV AS TO FO •
Constance L. Harbert
uM ttorn W. H.
Webster
First Reading: November 13, 1995
Publication: November 16, 1995, in North Weld Herald
Second Reading: November 27, 1995
Publication: December 6, 1995, in Platteville Herald
Continuance of Second Reading: December 11, 1995
Publication of Notice for January 22, 1996, hearing: January 10, 1996, in Platteville Herald, and
January 11, 1996, in North Weld Herald
Continuance of Second Reading: January 22, 1996
Publication of Notice for February 5, 1996, hearing: January 31, 1996, in Platteville Herald
Continuance of Second Reading: February 5, 1996
Publication: February 8, 1996, in North Weld Herald
Final Reading: February 21, 1996
Publication: March 7, 1996, in North Weld Herald
Effective: March 12, 1996
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INTERIM
COORDINATED PLANNING AGREEMENT
This Interim Coordinated Planning Agreement is made and entered into effective as of
March 12, 1996, between the Board of County Commissioners of the County of Weld, State of
Colorado, hereinafter called the "COUNTY," and the Town of Platteville, a Colorado Municipal
corporation, hereinafter called the "TOWN."
RECITALS
A. The COUNTY exercises governmental authority regulating land use, growth and
development in its unincorporated areas, which areas include lands surrounding the TOWN; and
B. The TOWN 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 TOWN indicate that the joint and coordinated exercise by the COUNTY and the TOWN 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
TOWN. 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.
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 elected officials,
except for amended plats, and down-zoning.
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2.2 Non-Urban Development. Land uses which typically do not require municipal
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.
2.3 Platteville Planning Area. The area located outside of but within three miles
of the TOWN's municipal boundaries.
2.4 Urban Development. Development which is characterized by development
density typical to urbanized areas and requires for its support services such as central water
and sewer systems, road networks, park and recreation facilities and pro-grams, storm
drainage, and other similar services which are typically furnished by municipalities. Urban
Development does not include residential areas being planned for individual lots or parcels
whose net acreage meets or exceeds two and one-half(2%:) acres.
2.5 The Urban Growth Area is hereby established and shall consist of all lands
in Sections 7, 18, 19 (except that portion of Section 19 west of the east bank of the South
Platte River) and the NM of Section 30 (except that portion of the NM of Section 30 in the
intermediate regional floodplain as shown on the Weld County Flood Hazard Overlay District
Zoning maps, Panel 0802660860C), in Township 3 North, Range 66 West of the 6th P.M.,
and Sections 12, 13, and 24 (except that portion of Section 24 west of the east bank of the
South Platte River), in Township 3 North, Range 67 West of the 6th P.M., all in Weld County,
Colorado, EXCEPTING those lands located within the TOWN's municipal boundaries.
3. DEVELOPMENT OF PLATTEVILLE AREA LAND USE PLAN.
3.1 Promptly upon the execution of this Agreement the parties will begin good
faith negotiations to develop a comprehensive development plan authorized by Section
29-20-105 C.R.S. and herein called the "Plan." Such Plan will govern all land use decisions
in the Platteville Planning Area and will contain inter alia (i) specific land use standards for
the Urban Growth Area as defined in 2.5 above, (ii) procedures for COUNTY coordination
with the TOWN in its review and approval process for proposed Development in the
Platteville Planning Area, and (iii) procedures and guidelines relating to the annexation of
lands within the Platteville Planning Area, all for the achievement of the purposes stated in
Section 1 above.
3.2 It is anticipated that land use regulations applicable to the Urban Growth Area
will include without limitation regulations addressing the phasing of development, zoning and
subdivision regulations, environmental and landscaping controls, development impact fees,
specifications for the design and construction of public improvements, and requirements
regarding the extension of streets, storm drainage and TOWN water and sewer utility
systems.
3.3 The parties intend to develop the Plan in sufficient time for its adoption by
both of them not later than September 1, 1996. Concurrently with such adoption, the parties
will amend their respective land use and other regulations in such particulars as will
authorize and enable each of them to achieve the purposes, intent, and effect of the Plan,
and to administer and enforce the same within their respective jurisdictions.
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4. INTERIM PLANNING COORDINATION. This Agreement is intended to be an interim
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
Platteville Planning Area will be processed and determined in accordance with the following:
4.1 Referral. The COUNTY will refer all proposals for Development to the TOWN
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 TOWN to review same and furnish its
recommendations to COUNTY staff prior to formulation of the COUNTY staff
recommendation. If the TOWN does not respond within such time, COUNTY staff may
proceed with its recommendation, but any TOWN comments 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 TOWN submits no comment or recommendation the COUNTY
may assume it has no objection to the proposal. If the TOWN 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 TOWN by a separate writing.
4.2 Development Outside Urban Growth Area. To the extent legally possible
the COUNTY will disapprove proposals for Urban Development in areas of the Platteville
Planning 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. This section shall not require disapproval of a recorded exemption
solely because the smaller parcel is less than two and one-half (2/) acres in size.
4.3 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 TOWN, the COUNTY will, in writing,
notify the proponent of the opportunity for annexation and notify the TOWN of the
proposal.
(b) An essential purpose of this Agreement is to ensure that Urban
Development occur only within Town limits or in areas which will be annexed to the
Town in the near future. Therefore, as a condition of approval of any rezoning, use
by special review for commercial or industrial uses pursuant to § 31.4.18 of the Weld
County Zoning Ordinance#89, as amended or renumbered (Exhibit "A"), planned unit
development, or subdivision, the COUNTY will require a binding annexation
agreement between the applicant and the TOWN which requires the owners to annex
the property to the TOWN upon the terms and conditions stated in the Agreement.
No such agreement shall be required in the case of a recorded exemption or
subdivision exemption or a use by special review for oil and gas wells.
(c) The TOWN will extend its 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 and other facilities necessary to serve the property with costs assessed in
accordance with the TOWN'S rules and regulations. TOWN agrees to give notice of
any proposed change in said rules and regulations to COUNTY 21 days prior to
adoption.
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(d) The TOWN provides municipal water service to property within its
boundaries, subject to its rules and regulations, which contain provisions similar to
those indicated above for sewer service. Water furnished by the TOWN is received
from Central Weld County Water District ("Central Weld") under a Water Service
Agreement dated April 14, 1994. All TOWN service is subject to the said contract
which, inter alia, prohibits the TOWN from serving outside its boundaries or outside
the boundaries of the Northern Colorado Water Conservancy District. Water service
is currently available directly from Central Weld in portions of the Urban Growth Area,
subject to Central Weld's rules and regulations. Contemporaneously with the
development of the Plan, the TOWN will negotiate in good faith with Central Weld to
explore ways in which the extension of water service outside TOWN boundaries,
particularly in areas not presently included in Central Weld, can be coordinated so
as to achieve the purposes stated in Section 1 above while still recognizing the rights
and obligations of Central Weld and its constituents.
(e) In recognition of the availability of public water and sewer service
within the Urban Growth Area as indicated in paragraphs (c) and (d) 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 TOWN,
or water service from Central Weld if the TOWN 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.
(f) The COUNTY will not grant any waiver of current TOWN street
standards for any Development without the consent of the TOWN.
(g) 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.
(h) If any TOWN recommendation of disapproval of a Development
proposal is based upon a conflict or incompatibility between proposed uses in the
Development and anticipated TOWN 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 TOWN'S
anticipated zoning classification of the property is unreasonable because of existing
or planned uses of adjacent property. The TOWN 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.
(I) The parties anticipate that¶4.3 (f)-(h)will be addressed in more detail
when the Plan is adopted.
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4.4 Mutuality of Impact Consideration. In considering proposals for
Development near or adjacent to the TOWN's boundaries, the party having jurisdiction will
consider the impacts of the Development upon property subject to the jurisdiction of the other
party on the same basis as it would consider those impacts upon property subject to its
jurisdiction in determining compatibility with existing and planned land uses in the vicinity of
the proposal.
4.5 Referrals to County. The TOWN 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 TOWN will allow not less than twenty-one (21) days for the
COUNTY to review same and furnish its recommendations to TOWN. If the COUNTY
submits no comment or recommendation the TOWN may assume it has no objection to the
proposal. If the COUNTY submits recommendations, the TOWN 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, the provisions of this section shall be deemed satisfied by compliance
by the TOWN 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, the TOWN 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 TOWN as conditions of approval will eliminate or adequately mitigate adverse
consequences of incompatibility or conflict, or (iii) that the TOWN's anticipated zoning
classification of the property is unreasonable because of existing or planned uses of adjacent
property. The COUNTY shall be given notice of, and may appear and be heard at any
hearing or other proceeding at which the TOWN will consider such issues.
5. ANNEXATION.
5.1 The TOWN will give serious consideration to all petitions for annexation of
lands within the Urban Growth Area and will not decline to annex such properties except for
good cause. For the purposes of this Section, good cause includes without limitation the
following: (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 TOWN's existing boundaries, and its annexation would result in disconnected
municipal satellites.
5.2 The TOWN will not annex properties located outside the Urban Growth Area
unless such property is both eligible for annexation and is desired by the TOWN for municipal
purposes.
5.3 To the extent legally possible the TOWN will annex the full width of each
COUNTY road right of way adjacent to newly annexed property unless such road serves
primarily COUNTY properties rather than existing or newly annexed TOWN properties, in
which case the TOWN will annex none of such COUNTY road right of way.
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5.4 Notwithstanding any provision hereof to the contrary, the TOWN 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 TOWN.
5.5 Nothing in this Section 5 shall be construed to limit the TOWN from annexing
any land within the Urban Growth Area, regardless whether such annexations are involuntary
or result in disconnected municipal satellites.
5.6 In determining off-site improvements to be constructed by proponents of
in-TOWN Development, the TOWN will consider identifiable impacts on the COUNTY road
system resulting from such Development on the same basis as in-TOWN impacts.
6. DEVELOPMENT FEES. As part of any plan, the parties will establish a schedule of
development fees to be assessed both in those portions of the Platteville Planning Area which it is
expected will be annexed to the TOWN and those areas thereof which will remain within the
COUNTY. The parties will avoid duplication of development fees to be assessed to property within
the Urban Growth Area.
7. IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this
Agreement each party will promptly enact and implement such amendments to its existing land use
or annexation regulations as may be necessary to give effect to the provisions of Sections 4, 5 and
6 above. 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.
8. MISCELLANEOUS PROVISIONS.
8.1 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.
8.2 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
TOWN and the COUNTY and no third party rights or beneficiaries exist or are created
hereby.
8.3 Termination. This Agreement will continue in effect until the Plan is
developed and implemented by both parties. Notwithstanding the foregoing, however, either
party may terminate this Agreement by giving written notice thereof to the other.
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IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date
first above written.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By°
� �1 Pga/t8e4
arbara J. Kirkmeyer, ., air
( DeputLo :he ::
TOWN OF P�LAT,TEVILLE,�COOLLORADO
By: �`� '/ �W T �" '- '
t ' + , 6a1Y'Nemyak, Ma r '7L r
w
Citrr LL i t1r5
ATTEST: _• `v }is 1..
By: �
K= • tra--1
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952314
7 ORD187
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EXHIBIT "A"
31.4.18 Any use permitted as a use by right, an accessory use, or a use by
special review in the Commercial or Industrial zone districts provided the
property is not a LOT in an approved or recorded subdivision plat or
LOTS part of a map or plan filed prior to adoption of any regulations
controlling subdivisions. PUD development proposals shall not be
permitted to use the special review permit process to develop.
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AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss.
COUNTY OF WELD
I, Bruce J. Bormann, of said County of Weld, being duly
sworn, say that I am Publisher of
THE NORTH WELD HERALD
a weekly newspaper having a general circulation in said
County and State, published in the Town of Eaton, in said
County and State; and that the notice, of which the annexed is
a true copy, has been published in said weekly newspaper for
Oa_ successive weeks, that the notice was published
in the regular and entire issue of every number of the paper
during the period and time of publication, and in the
newspaper proper and not in a supplement, and that the
publication of said notice:
- /g 7 - F / -j7t
was in said newspaper bearing the date(s) of: J
Thursday, the �- day of 1996
Thursday,the day of
1996
Thursday,the day of 1996
Thursday,the day of
1996
and that the said THE NORTH WELD HERALD has been
published continuously and uninterruptedly for the period of 52
consecutive weeks, in said County and State, prior to the date
of first publication of said notice, and the same is a newspaper
within the meaning of an Act to regulate printing of legal
notices and adve .sements, approv d ay 18, 1931, and all
prior acts so far in force.
B C J. BORMANN, PUBLISHER
Subscribed and sworn to before me this 20 M. day
of /// !yam , 19 96
f�
//���� TA PUBLIC
My commission expires £222 264, 2/ /999
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ORDINANCE NO. 107
IN THE MATTER OF THE ADOPTION Of AN INTERIM COORDINATED PLANNING AGREEMENT WITH THE TOWN OF
PLATTEVILLE
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,le vested with the authority of administering the affairs of Weld County,Colorado,and
WHEREAS,Title 29,Article 20,Colorado Revised Statutes,authorizes and encourages local lgovermen governments to cooperate and coated
wkh each other for the purpose of plsnnMg and regulating the development offend by the Joint and coordinated exercise of planning,zottng,
subdivisions,building,ar d related regulatory powers,end
WHEREAS,existing and anticipated pressures for growth and development in areas surrounding the TOWN indicate that the Jo j
coordinated exercise by the COUNTY and the TOWN of their respective planning,zoning,subdivision,building and related regulatory le
such areas will best promote the objectives stated In this ordinance,and -
WHEREAS,the Weld County Comprehensive Plan,as recently amended,contemplates the creation of such agreements,and WHEREAS,the attached Interim Coordinated Planning Agreement has been considered and approved by the Town of Platteville.
NOW,THEREFORE,BE IT ORDAINED,by the Board of County Commissioners of the County of Weld,State of Colorado,Vet Me
attached Interim Coordinated Planning Agreement with the Town of Platteville which shall be incorporated by.this reference, is and shell be
approved•
BE IT FURTHER ORDAINED by the Board that the Chairman is authorized to sign the attached Interim Coordinated Platt en,
Agreement.
BE IT FURTHERORDAINED by the Board,If any section,subsection,paragraph,sentence,clause,or phrase of this Ordnance N Icr
any reason held or decided to be unconstitutional such decision shall not affect the validity of the remaining portions hereof. The Board of Coal
Commissioners hereby declares that it would have enacted this Ordinance in each and every section,subsection,paragraph,sentence,clause,end
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 Number 187 was,on motion duly made and seconded,adopted by the following vote on the 21st
day of February,A.D,1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:/s/.Donald D.Warden /s/.Barbara J.Kirkmeyer
Weld County Clerk to the Board Barbara J.Kirkmeyer,Chair
(SEAL) /w.George E.Baxter
George E.Baxter,Pro-Tern
BY: 19/.Shelly K.Miller
Deputy Clerk to the Board /s/.Dale K.Hall
Dale K Hall
APPROVED AS TO FORM:
/s/.Constance L.Harbert
Constance L.Harbert
/s/.Bruce T.Barker
County Attorney
/w.W.H.Webster
W.H.Webster
First Reading:November 13,1995
Publication:November 16,1995,in North Weld Herald
Second Reading:November 27,1995
Publication: December 6,1995,in Platteville Herald '
Continuance of Second Reading: December 11,1995
Publication of Notice for January 22,1996,hearing: January 10,1996,in Platteville Herald,and
Continuance of Second Reading: January 22,1996
Publication of Notice for February 5,1996,hearing: January 31,1996,in Platteville Herald
Continuance of Second Reading: February 5,1996
Publication: February 8,1996,in North Weld Herald
Final Reading: February 21,1996
Publication: March 7,1996,In North Weld Herald
Effective:March 12,1996
INTERIM
COORDINATED PLANNING AGREEMENT •
-
This Interim Coordinated Planning Agreement is made and entered into effective as of March 12,1996,between'the Board of County
Commissioners of the County of Weld,State of Colorado,hereinafter called the'COUNTY,'and the Town of Platteville,a Colorado Municipal
corporation,hereinafter celled the'TOWN.'
•
RECITALS
A The COUNTY exercises governmental authority regulating land use,growth and development in its unincorporated areas,
which areas Include lands aurrodndingtheTOWN;and -
B. The TOWN 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 recipaleo preSstrss for"grdfWn end development in areas surrounding the TOWN Indicate that the Joint sad
coordinated exercise by the COUNTY,sell the TOWN of their respective planning,mkt,subdivision,building and related regulatory powers in
such areas will best promote the obledires OMNI In trio agreement. _ _ _
NOW THEREFORE,for and in consideration of the mutual promises and undertakings herein set Silk,the pares agree as follows:
1. PURPOSES AND OIIECTIVES. 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 TOWN. 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.
2 DEFINITIONS. For the purposes of this Agreement the following terms shall be defined asset forth herein:
2.1 Development. Any land use requiring regulatory approval by elected officials,except for amended plats,and down- .
zoning. •
22 Non-Urban Development. Land uses which typically do not require municipal services such as central weir and
sewer systems,road networks,park and recreation services,storm drainage,and the like,and which are generally considered Is be rural
in nature,expressly including land used or capable of being used for agricultural production. -
2.3 Platteville Planning Area. The area located outside of but within three miles of the TOWN's municipal boundaries.
2.4 Urban Development Development which is characterized by development density typical to urbanized arena and
requires for its support services such as central water and sewer systems,road networks,park and recreation facilities and pro-grins,
storm drainage, and other similar services which are typically furnished by municipalities. Urban Development does not include
residential areas being planned for individual lots or parcels whose net acreage meets or exceeds two and one-half(2_)acres.
2.5 The Urban Growth Area is hereby established and shall consist of all lands in Sections 7,18,19(except that portion
of Section 19 west of the east bank of the South Platte River)and the N_of Section 30(except that portion of the N_of Section 30 in the
intermediate regional floodplain as shown on the Weld County Flood Hazard Overlay District Zoning maps,Panel 0802660eSOC),in
Township 3 NOM,Range 66 West of the 6th P.M.,and Sections 12,13,and 24(except that portion of Section 24 west of the east bank of
the South Plate River),in Township 3 North,Range 67 West of the 6th PM.,all in Weld County,Colorado,EXCEPTING those lands
located within the TOWN's municipal boundaries.
a DEVELOPMENT OF PLATTEVILLE AREA LAND USE PLAN.
3,1 Promptly upon the execution of this Agreement the parties will begin good faith negotiations to develop •
comprehensive development plan authorized by Section 29-20-105 C.R.S.and herein called the'Plan' Such Plan will govern all Iwtd use
decisions in the Platteville Planning Area and will contain inter ally(I)specific land use standards for the Urban Growth Area as deMrsd In
2.5 above,(ii)procedures for COUNTY coordination with the TOWN In its review and approval process for proposed Development in the
Platteville Planning Area,and(ill)procedures and guidelines relating to the annexation of lands within the Platteville Planning Area,as for
the achievement of the purposes stated in Section 1 above.
32 It it anti use regWtions applicable to the Urban Growth Area will Include without limitation regulations
addressing the phasing of eV mast,zoning and subdivision regulations,environmental and landscaping controls,development
Impact fees,specifications Iotnhd design and construction of public improvements,and requirements regarding the extension of streets.
storm drainage and TOWN water and sewer utility systems.
3.3 The parties intend to develop the Plan in sufficient time for its adoption by both of,them not later than September I,
1996. Concurrently with such adoption,the parties wit amend their respective land use and other regulations in such particulars es al
authorize and enable each of them to achieve the purposes,intent,and affect of the Plan,and to administer and enforce the same within
their respective Jurisdictions.
4, INTERIM PLANNING l 2TION. This Agreement is intended to be an interim Comprehensive Development Plan
:R adopted and implemented pursupnt to C .S.§29.26.1 ).Following the execution of this Agreement by both parties,COUNTY Development
approvals in the Platteville Planning Area will be processed and determined in accordance with the following:
4.1 Referral. The COUNTY will refer all proposals for Development to the TOWN 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 TOWN to review same and furnish its recommendations to COUNTY slat
prior to formulation of the COUNTY staff recommendation. If the TOWN does not respond within such time,COUNTY staff may proceed
with its recommendation,but any TOWN commentsor 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 Boat er
Commission. If the TOWN submits ho comment or recommendation the COUNTY may assume It has no objection to the proposal. If aw
TOWN 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 TOWN by a separate writing.
42 Development Ou1N0e Urban Growth Area. To the extents legally possible the COUNTY Will disapprove proposals
for Urban Development in areas offfw Platteville Plerminp Area euWde the Urban Growth Area. In nsviewing proposals for Non-Lain
Development In such areas,the COUNTY will apply its GomppMeneM Wen and zoning-and subdNleion ordinances. This section ehM
not require disapproval of a recdrded:pemption solely because the amain partNts lees than two and one-half(2)acres in size.
42 Development In.Jidoan Growth Area. The following' shall apply to proposed Development in the Urban Groat
Area: _
(a), Upon receipt of any proposal for Development of property then currently eligible for voluntary
annexation tome TOWN,the COUNTY will,in writing,notifyithe proponent of the opportunity for annexation and notify the
TOWN of the proposal.
(b) An essential purpose of this Agree is to ensure that Urban Development occur only within Town
limits or In areas which val be annexed to the Town In the r future.Therefore,as•condition of approval of any rezoning,
use by special review for commercial or industrial uses pursuant to 9 31.4.15 of the Weld County Zoning Ordinance 089,as
amended et teMere$M Meek`An,Owe.pats et on, the COUNTY will require a binding
annexation apwmwflalleeen the,,,tebarrt and tie TOWN owners to annex the property to the TOWN
upon the terns and dent brie need In the Agreement.No Stab be required In the case of a recorded
exemption or al*I01000 a lOMOOn or a Oa*special review for oil and gas wells. •
••
(c) The TOWN will extend its 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 and other facilities necessary to serve the property with costs assessed in accordance with the TOWN'S rules and
regulations.TOWN agrees to give notice of any proposed.change in said rules and regulations to COUNTY 21 days prior to
adoption.
(d) The TOWN provides municipal water service to properly within its boundaries,subject to Its rules and
regulations,which contain provisions similar to those Indicated above.for sewer service, Water furnished by the TOWN.Is
received from Central WekeCouny Water District(*Central Weld')under a Water Service Agreement dated April 14,1994. M
TOWN service is subject to the said contract which,inter ells,prohibits the TOWN from serving outside its boundaries or
outside the boundaries often Northem Colorado Water Conservancy District. Water since Is currently available directly
from Central Weld in portions of;the Urban Growth Area,subject to Central Weld's rules and regulations. Contemporaneously
with the development of Plan,the TOWN will negotiate in good faith with Central Weld to explore ways in which the
extension of water sort*outside TOWN boundaries,particularly in areas not presently included:in Central Weld,can be
coordinated so as to achieve the-purposes stated in Section 1 above while still recognizing the rights and obligations of
Central Weld and its constituents. .
(e) In recognition of the availability of public water and sewer service within the Urban Growth Area as
Indicated in paragraphs(c}and(d)above,the COUNTY will require public water and sewer service as a condition of approval
of any subdivision,rezoning or planned unit develo ..,e�nthd will not approve such Development until ese applicant obtains a
written contract for same with the TOWN,or water blibile fpm Central Weld if the TOWN cannot provide w5W. This
AA0reement, h ll be prima fade evidence of the availably of municipal water and sewer service within the meaning of§32-1-
e • will not grant any waiver Of current TOWN street standards for anyDevelopment
whims the serrraalltro t*A(
(g) To the extent legally possible,as determined by the COUNTY,the COUNTY will deny proposals for
Non-Urban Oeveopment 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. Neyeilheless,the COUNTY will not permit such a concentration of such divisions in any particular
area as wog frustrate or materially hinder the evolution of genuine Urban Development, as defined In§ 2.4 of this Agreement,
in the Urban Growth Area.
(h) If any TOWN recommendation of disapproval of a'Development proposal is based upon a conflict or
incompatibility between proposed uses in the Development and anticipated TOWN 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 TOWN'S anticipated zoning
classification of the property is unreasonable because of existing or planned uses of adjacent property. The TOWN 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.
(I) The parties anticipate that¶4.3(f)-(h)will be addressed in more detail when the Plan is adopted.
4.4 Mutuality of Impact Consideration. In considering proposals for Development near or adjacent to the TOWN's
boundaries,the party having jurisdiction will consider the impacts of the Development upon property subject to the jurisdiction of the
other party on the same basis as it would consider those impacts upon property subject to its jurisdiction in determining compatibility with
• existing and planned land uses In the vicinity of the proposal.
4.5 Referrals to County.. The TOWN 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 TOWN will allow not less than twenty-one (21)days for the COUNTY to review same and furnish its
recommendations to TOWN. If the COUNTY submits no comment or recommendation the TOWN may assume it has no objection to the
proposal. If the COUNTY submits recommendations,the TOWN 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 le proposed as
part of an annexation,the provisions of this section shall be deemed satisfied by compliance by the TOWN 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 baled upon a conflict or
incompatibility between proposed uses in the Development and existing or anticipated zoning classification forme property,the TOWN
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 TOWN as conditions of approval will eliminate or adequately mitigate adverse consequences _
of Incompatibility or conflict;or(III)that the TOWN's anticipated zoning classification of the property is unreasonable because a ex M n¢
or planned uses of adjacent property. The COUNTY shall be given notice of,and may appear and be heard at any hearing or other
proceeding at which the TOWN will consider such issues.
5. ANNEXATION. •
• 5.1 The TOWN will give serious consideration to allpetitions for rjnnexation of lands within the Urban Growth Area and will
not decline to annex such properties except for good cause. For the purposes of this Section,good cause includes without limitation the
following: (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 TOWN's existing boundaries,and its annexation would result in disconnected municipal satellites.
52 The TOWN will not annex properties located outside the Urban Growth Area unless such property is both eligible for
annexation and is desired by the TOWN for municipal purposes.
52 To the extent legally possible the TOWN will annex the full width of each COUNTY road right of way adjacent to newly
annexed property unless such road serves primarily COUNTY properties rather than existing or newly annexed TOWN properties,in
which case the TOWN will annex none of such COUNTY road right of way.
5.4 Notwithstanding any provision hereof to the contrary, the TOWN 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 TOWN.
5.5 Nothing In this Section 5 shall be construed to limit the TOWN from annexing any land within the Urban Growth Area,
regatless whether such annexations are involuntary or result in disconnected municipal satellites.
5.8 in determining off-site improvements to be constructed by proponents of in-TOWN Development,the TOWN will consider
Identl(}abe Impacts on the COUNTY road system resulting from such Development on the same basis as in-TOWN impacts.
6 DEVELOPMENT FEES. As part of any plan,the parties will establish a schedule of development fees to be assessed both
in those portions of the Platteville Planning Area which it is expected will be annexed to the TOWN and those areas thereof which will remain within
the COUNTY. The parties will avoid duplication of development fees to be assessed to properly within the Urban Growth Area.
7, IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this Agreement each party will promptly enact
and Implement such amendments to its existing land use or annexation regulations as may be necessaryla'give effect to the provisions of Sections
4,5 and 8 above. 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 insight thereof.
a MISCELLANEOUS PROVISIONS. -
8.1 Severabllity. 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 Apeemem,the Intention being that
• the various sections and paragraphs are severable.
82 Enforcement. Either parry may seek specific performance or enlacement of this Agreement in a Court of competent
ORD#SANQ?E NO; 167oont/nwd to next panrn
ORDINANCE NO 1,77contlamod from peg*10
jurisdiction,but neiher 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 torontest 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 TOWN and the COUNTY and no third party rights or beneficiaries exist or are created hereby.
63 Termination. This Agreement will continue in effect until the Plan-is developed and implemented by both parties.
Notwithstanding the foregoing,however,either party may terminate this Agreement by giving written notice thereof to the other.
IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By:1st Barbara J.Klrkmeyer
Barbara J.Kirkmeyer,Chair
(SEAL)
ATTEST:Is/.Donald D.Warden
WSW County Clerk to the Board
By:/s/.Shelly K.Miller
Deputy Clerk to the Board
•
TOWN OF PLATTEVILLE, COLORADO
By; :
,�:.r ma y- Gary Homyak,Mayor
.
ATTEST: .•
. .
BY. s::
Rosa M.Miller,Town Clerk ` %
.,
FXHIBIT"A" •
.
31.4.18 Any use permitted as a use by right,an accessory use,or a use by special review in the Commercial or Industrial zone
dlatricts provided the properly is not a LOT in an approved or recorded subdivision plat or LOTS part of a map or plan tiled
prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the
special review permit process to develop.
--- ----- - r'-- --,-- CIL4RESV
1
_..,i; ..—.— 1 I 1
_.. I/ 1 1. 1i NM 100 YEAR FLOOOPLA[N
1 1
1 I 1 1 1
•
d — ----+...÷....p.
---r----J
1 1
— r 1 •
3 MILE PLANNING AREA
_ J 1 1 1 1
( ! 1 1 I 1
�i 1 1 I I
-
�, P ATTE L tE PROPOSED URBAN
W 66 Wit".- ") 1 1 GROWTH BOUNDARY
\\ ; , ; TOWN OF PLATTEVILLE
An PLATTEVILLE
APPROVED 2-2>-96
r---- --- -- - =r— —a
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I 7
----
2-t9-96
ORDEIANCBR - .
IN M7MR'M t9P'M 0000710N OP AN_us CDDItMHD PIES MRp1ENwMMR9!OBllIl MPill �EII1EJte
CBE fT ORDAINED BY THE BOARD OF COUNTY COIMNBBIONER6 OF THE COUNTY OF WELD,STATE OF COLORADO'
WHEREAS the Board of County Commissionersthe County of Weld,State d Colora ,,pM to:Colorado statute end the
Weld County Home Rule d Ghana,Is vested with the authority of adminiMlnp the affairs of Weld County,rsl 4.
WHEREAS, he 29, Article ab,Oolardo Revised StatuNe, authorizes and local.pa amMade to
contract fah eAett pb pt of related and reputably the development of land the Jddt end coordinated ex and
- planning,coati,s a,butltlMp and related regulatory powers,arsf
WHEREAS,atlpMnp ad anticiaded pressures for growth and development in areas surkµatlUp p Ytd pie TOWN cata
and coordinated mentrise by tfie COUNTY end the TOWN d then respective planning, Zoning, sutWhybn,tndldlny end tsIMS rialalabry
powers in such area we best promote the alfectives stated In this ordinance,and
MIMOSAS,the West MUM.Comprehensive Plan,as recently amended,contemplates the,ereation of each agsaittenngr,W ..
WHEREAS,the attached Interim Coordinated Planning Agreement has been considered and approved by the Town of Pla/eAs.
NOW,MNEPORt..BE It ORI EIED,by the Board of.County Commissioners of the cduniy of Weld,State of Colorado,that the
attached Interim Coordinated Planning Agreement with the Town of Platteville which shall be incorporated by this reference,is and IS be
approved.
BE IT FURTHER ORDAINED by the Board that the Chairman is authorized to sign the attached Interim 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 deckled to be unconstitutional,such decision shall not affect the validity of the remaining portions hereof.. The Booed
of County Commissioners hits*declares that It would have enacted this Ordknnoe in each and every section, eubeetion, paryhaph,
sentence,clause,and phrase thereof irrespec1We of the fact that any one or more sections,subsections,paragraphs,sentences,olsuss,or
phrases mbh be declared to be�l or bvala
The above and hrepbinp' nce Htanber 161 wee,on motion duly made and seconded,adopted by the following vote on the
21st day of February,AD.,1998968
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: .. .
Barbara J.Kkkmeyer,Chair
Weld County Clerk to the Board
' - George E.Beeler,PraTem '
Deputy Clerk to the Boat -Dale K.Hall
APPROVED AS TO FORM:
Constance L.Herbert
County Attorney W.H.Webster First Reading:November 13,1995
-Pudcatidn:November 16, 1995,in North Weld Herald ,.
Second MetSm:*wooer pr,
Publication: O arty cal, ten,M PlSBsS Herald
Continuance of Second RradIrtg; December 11, 1996
atlotset £ 22, 1995,flowing:
January fC,1098;; etald,and
January ft 1996;a WeldHerald ..
Continuance of Second Reading: January 22. 1996
Publication of Notice for Febrility 5,1996,hearing:
anuary 31,1996,In Platteville Herald _
Continuance of Second Reading: February 5, 1998
Publication: February$,4996,kr North Weld Herald
Final Reading: February 21,1998
Publication: February 29, 1998,In North Weld Herald
Effective: March 5,1998..
INTERIM
COORDINATED PLANNIN$AGREEMENT
This Wan CeerJnled Aareewwe is made and eased into effective as d Tearer
the Board of
CeaniWahen ec the Comity d W Sane d Colorado, henkhallr cailaq me'COURTy,'rd tens Taws pt a Colorado
corporation,a atarRwjMsd tits OWN.'
`
RECITAL
S
A. The COUNTY exercises govemmeptal authority regbfating land use, gr rai, d devebpft' M tat oorporated; .areas,;Mkt area*include lands surrounding the TOWN:
and is ableB torovkf The TOWN governmental authority over the same matters wlthhtlb municipal bbu an,,,and annexations,.
P faaNNes for ellicient and desirable urban and development
C. In Title 29, 20,Colorado Revised Statutes,the A? abe' ate Of has granted broad
authority.to local governments to pl for and regulate the development nt end s ice
,respective Stand
4. _..-In said Tit . �t6 is furamr
focel j�b capers* •. itirltW, roasted Ginning
nt of land the joint
and coob7lnated'exercise of . zan*�;subdivisions,b _. ,�
E. Existing and anticipated pressures for growth and development M areas iaurroundl ,the T Indio*that the joint
and coordinated exam*by the COUNTY and the.TOWN of their respecIve planning,Sinai a (MGM tatted regulatory
powers in such areas will best promote the objectives stated in this agreement -, T `j "'i`
NOW TNEREPORE, lit and inconsideration of the minuet promises and urdeANnhps herein set faith, the follows:. parties agrap as
1. PURPOSES AND OWE iypo� otri which the parties will move toward greater coo in asirtet 01 their e�
areas surrounding.the TOWN. The objectives of such efforts are to accomplish thewithin tinirabid
the health,safely, prosWdty, and.general Welfare of the inhabited*thereof by mranwial and human
resources which result from either excessive congestion or excessive scattering of paps ,ant to achieve Imam efficiency and
economy in the process of development.
2. DEFINITIONS. Far the purposes of thla Agreement the following terms shill be defined as set forth herein:
2.1 Development. Any land use requiring regulatory approval by sleeted lgted officials,except for amended plate, and
2.2 Non-Urban Development Land uses which typically do not rem services s es dental water
and sewer systems, road networks, park and recreation services; storm and Ike, rap ,are genergay
considered to be rural in nature,expressly including lend used or capableof br�'lotta trral
boundarie�.3 Platteville.Planning Area. The area located outside of but Within three miles of the.TOWN's municipal
2.4 Urban Development. Development which Is cheractedzed by
and requires for its support services such as central water and sewer �,,�typical dr to urbanizedffacilities
areas
pro- rams,storm drainage,and other similar services which are typically bye m Urbnaenare1� kment and
not include residential areas • exceeds two olopment half
(21/2)acres. being planned for individual lots or amore. Iursgls or and one-half
2.5 The Urban Growth Area Is hereby and shall omelet)!all lands In Sections 7, 18, 19(except that •
Donion of Section 19 west of the east bank of the South Platte and the N1/2 ot$aatlon 30(except that portion of-the N1/2 of
Section 30 In the intermediate regional floodplain as shown on the Weld Flood Hazard Overlay Oletrbt Zoning maps
Panel 0602660880C), in Township 3 North,Ranppee 88 West of the 6th P.M.,and 12, 13,.and 24(except that portion of
Section 24 west of the east bank of the South Mete River),in Township 3 .67 West of the lith-P.M., all In Weld County,Colorado,EXCEPTING those lands located within the TOWN's municipal
3. DEVELOPMENT OF PLATTEVILLE AREA LAND USE PLAN. - .
3.1 Promptly upon the execution of this Agreement the parties wlll•begin f aeon to develop comprehensive development plan authorized by Section 29.2-108 C.R.S.and heefh owgsr 'P ' Plan will land use decision in the Platteville Planning Area and MO Contain Inter auk(I)specific land standards for the Urban Growovern th Area as defined in 2.5 above,(h)procedures tor COUNTY.coordination with the TOWN in rya iavlaw,and approval prop*for
proposed Development in the Platteville Planning Area,and I(il)procedures and to the annexation of tends
within the Platteville Planning Area,all for the achievement of the stated�1 Wisp
3.2 It is anticipated that land use-regulations applicable to the Utb'anGrowtu Area wIN include without limitation
regulations addressing the phasing of development, zoningend subdivision regulations, environmental and landscaping
control*, development act fees, speot(catmM fie design and 0anetnbllen of Public lm proven ents and requirements
RM07803 theextension !ffCrei l!f'+akleti[t�. of w4 s alt P'. •4-, d '' �.,. ,.;,.;
I. 1996. Cofcurren intend d dare*.t e amicli end for brais if• gam Semesufer
tly such adoption, of will amend their we nter reandttbna In such
particulars eas will meauthorize and enable each f tlgm.p idea*pe purposes,
old enforoe the same wtMn ,�WngGdldtl�r ;�e Plan,and to administer
{ INTERIM
Plan adepNd"and implemented to. . tiropUma
Development approvals in the ,,,to.
V.R.S.S.lanning Area wE promo*bpromo* dett�ii in ed w�tire. parties, COCUNTV
•
4.1 Referral. The COUNTY will refer all Deaff for
lDe log* S mid riecewnwrdation.
Such referral will Include at least a copy of the wrilrnals seat summary of the
to COUNTY COUNTY staff *fallow net leeant mgr COUNT for end 8s no in such time,c , Th prior to lowootpn d�oWyt� M, *hip time,COUNTY staff may proceed with M ractwna on or re the
Thursday next preceding the meeting of the Board of but .. .Et wltRi tie r will be
considered wit be transmitted to the Board or Commission. If the TOWN the COUNTY
may assume lt haw no objection to the proposal. If the TOWN sublet!, WE Whiff'Include within
its written deciaon the reasons for any action taken contrary to the earns or fa
wining. - TOWN by a separate
4.2 Development Outside-Urban Growth.Area. To the Watt the will disapprove
proposals for Urban Development in areas of the�P g Arta deAaldti is reviewing ale
lfor Non-Urban Development in such areas,the' apply IO g�,subdivision
ordinanes. .The section l not require al of a recorded exemption bae�a 1
two and one-hat(21/2) in size. p1pp1 la lass than
Area: 4.3,DevellIepinert In UrrbnanreOGrroowth aA�reea. Thai following shell apply 1 iup ys i ' ro OS Urban Growth
annexation TOWN atotVwe the C Mosta OUNtP WALPri*Dni writing, pnigilxfilS"Itic ."�tlir aeligible nnexation °�
`
Off An essential purpose of this to that Coots only wiltIn Town limits or in areas which will be annexed to the Town he nMt
oval of
COany o rezoning, use re**for ranumbere et M Sett Couuthe
ON O as amended'or on agreement the
, of ria�o owners
to annex pir roperty to the tpon the emu and the
be reguieSin'Manus of a recorded exemgengr . r h :G
NI* at�shall
(o) The TOWN will*wand is asslay sewer service
,. alts rules and hitch triairde a Growth
Mrvl and Ara wbiM cons uction of ,ward ether��N
withlhci onsOto COUNTY a7 dfe refIGOInntixal inn mglee "Ow .tea nd
(d) The TOWN. ever► tea subject rules end e,which Ric furnishedits
by the TOWN is received from Weld
bated April'14, 1984. MIT IMMoe e the. . . ri NN from
sering outside is bounded*le or outside tie et' Netns District. Water '
train
fWaith wglnn Central to explorer ways in which extension � bra particularl and
hi dd
in areas not prseaaly**WS in Ganef Weld,slabsbe 'serli'aL, a ad : swoons fled In Staten l
above while still recognizing the rights and obligations of Central Weld and its constituents.
(e) In recognition of the availability of public water and sewer service within the Urban Growth Area
n of
as indicated
any subda�son, rezoning or
planned unit COUNTY
dev developmentwill
ande and public
will notwater
appove such service
Developmentnuntil the
approval any for cannot
prrovide water.
Th written is Agreement shall be prima fade evidence of the raval availability of municipal water and sewe if the r service
within the meaning of§32-1-203(2.5)(a),C.P.S.
(() The COUNTY will not grant any waiver of current TOWN street standards for any Development
without the consent of the TOWN.
(g) To the extent legally possible, as determined by the COUNTY,the COUNTY will deny proposals for n appovring, by means of an process suchn Growth Area.as recorded exemption for this
subdivision exemption,restrict
isolated partition or
division of ownership parcels located in the Urban Growth Area having existing residential improvements served by
concentration of such rdiv divisions in anhe y Ize particularrf sarea9as lots.
will frustrate n or l materially ss, the �nderYthewill
evolutin permit of genuine
Urban Development as defined in§ 2.4 of this Agreement,in the Urban Growth Area.
(h) If any TOWN recommendation of disapproval of a Development proposal is based upon a
conflict or incompatibility between proposed ro essame the
unleDss the applicant dement and monstrates ated TOWN that zoning n such)conflictfor or
the patibtyy the COUNTY will not app
incompatibility w reasonably te (ii) that adequately
mitigate
mitigation v q n be imposed m ti the Cr conflict,
as
conditions of approval will ated zoning
or ation ofi f the adverse consequences of (cause of exis or cr(i other
)that the TOWN'S anticipated Theo OWNgshall be given notice of,andy is may appear s and be heard at fany flag planned
uses of adjacent property.
proceeding at which the COUNTY will consider such issues.
(i) The parties anticipate that¶4.3(t)-(h)will be addressed in more detail when the Plan is adopted.
nt near or cent to the 4 the party ha ing jurisdiction will consider the mpactsrofgthe Developms fore t upon n property subject tothe jurisdiction
Nof
the ot
boundaries,
the other party on the same basis as it would consider those impacts upon property subject to its jurisdiction in determining
• compatibility with existing and planned land uses in the vicinity of the proposal.
4.5 Referrals to County. The TOWN will refer proposals for Development which lie within 500de feet ofa . property e
n
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 TOWN will allow not less than twenty-one (21) days for the COUNTY to review same and
furnish
objection recommendations
prroposal to TOWN.
tthhe COUNTY submits a omTY mendat ons,,th no e TOWN wil or l eitheron the include TOWN
rits assume it has decision
the reasons for DEVELOPMENT any action
part ofan annexaion,to the same or the provisions of rnish such reasons
haallljNTY be deemed sa atisfied byrate lcompliance.Where tby
the TOWN with the Notice and impact statement proviio of the most
os current
rrent proposal the Municipal n0 feet Annexation a property in
n in
effect. If any WeldCOUNTY recommendation of disapproval
runincorporated cipate Weld County is based upon property,cert ,cter incompatibility wl not between pr proposedunless uses in the Development and existing
no suchyco conflict or zoning iclassification ncompatibility willll reaonblyoccur, ((iii)V that will suitablot e approve
igation measuesho be limposed by the demonstrates
TOWNhas
conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the
acent
TOWN's The COUNTYnshall be given classification
the
of, ad property ma appear and be heard because
at any hearing or oth or eranned uses poceeding atfwhich the
property.
TOWN will consider such issues.
5 ANNEXATION.
5.1 The TOWN will give serious consideration to all petitions for annexation of lands within the Urban Growth Area
and without)limitation not e the n folloowing: (i) he extensos n of ont e or morood e municipaluse. the services to theses t this Section,a area would place an ood cause includes
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 TOWN's existing boundaries,and its annexation would result in disconnected
municipal satellites.
52 The TOWN will not annex properties located outside the Urban Growth Area unless such property is both eligible
for annexation and is desired by the TOWN for municipal purposes.
5.3 To the extent legally possible the TOWN will annex the full width of each COUNTY road right of way adjacent to
newly annexed property unless such road serves primarily COUNTY properties rather than existing or newly annexed TOWN
properties.in which case the TOWN will annex none of such COUNTY road right of way.N is not to annex pro Notwithstanding approved by the County after the execution of this hereof to the yAgree,the ment by both parties which does any
conform within
tithe
Development app by
County Urban Growth Standards,unless a waiver or modification of such standards was granted by the COUNTY and approved
by
the TOWN.
Area. regar5.5 dless whethe in this Section 5 r sucha annexations are involuntary ore construed ore ret sult in disconn TOWN ected ed municipal om satellites.
nd 5.6the Urban Growth
5.6 In determining off-site improvements to be constructed by proponents of in-TOWN Development, the TOWN will
consider identifiable impacts on the COUNTY road system resulting from such Development on the same basis as in-TOWN
impacts.
6. DEVELOPMENT FEES. As part of any plan, the parties will establish a schedule of development fees to be ed will be whichswill both in
with n the)COUNTY. Platteville
parties sawill avoid duplication of d Area which it is evelopmentt fees toxed to the TOWN and those areas be assessed to property within the t Urban
Growth Area.
7. IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this Agreement each party will promptly enact and provisions of implement
such
and 6 above. Each part to its y shall haved a or annexation solle and exclusive regulations discretion to deterrmine such be measo uive effect to the
res and any new
rones equiresace'rtain formalities, including notcnt.e and ach publcrthearngs.'s land uae The regulations ua covenantsr din tothis sectionerein re andr elsewhere to implement thnances whose e
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.
8. MISCELLANEOUS PROVISIONS.
8.1 Severability. Should any one or more sections or paragraphs of this Agreement be judicially determined invalid
being that the
or
unenforceable,
such ious s j udg s an
t paral graphs not affect, impair
or invalidate the remaining provisions of this Agreement, the intention
8.2 Enforcement. Either party may seek specific performance or enforcement of this Agreement in a Court of
jurisdicfion, but
nor shall this ageement shconfer on eil have ther m partor remedy
to contes for 9asl land lusefrom
deccis onaorr alleged
actionbreach
of the other
independent of breach of
agreement.
Agreeme t is betweenthe TOWN a is not nd the COUNed to TY the
and no third t party the rightssor beneficiaries
exist or are created hereby.
8.3 Termination. Ths Agreement will continue in effect until the Plan is developed and implemented by both
parties. Notwithstanding the foregoing, however,either party may terminate this Agreement by giving written notice thereof to the
other.
IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the date first above written.
BOARD OF COUNTY OF THE COUNTY OF COMMISSIONERS
EED
Barbara J. Kirkmeyer,Chair
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board
TOWN OF PLATTEVILLE,COLORADO
By:
Gary Homyak, Mayor
ATTEST:
By:
Rosa M.Miller.Town Clerk
EXHIBIT"A"
,.re nee by special review in the Commercial or Industrial
•
•
AFFIDAVIT
DAVIT OF PUBLICATION
STATE OF COLORADO
COUNTY OF WELD ss.
I, Bruce J. Bormann, of said County of Weld, being duly
sworn, say that I am Publisher of
THE NORTH WELD HERALD a weekly published er having a genera, circulation in said
County
State, in the Town of
County and State; and that the Eaton, in
a true co notice, of which the annexed issai
py, has been published in said week)
successive weeks, that the y newspaper for
notic
in the regular and entire issue e was
of every published
during the period and time ery cation, of the paper
of
newspaper proper an publication, and i
d not in a n the
publication of said notice: supplement, and that the
was in said newspaper bearing the date(s)
Thursday, the ) of:
____ day of
Thursda a' " • 1996
Y, the-day of
Thursday, the 1996
day of
Thursday, the 1996
day of
1996
and that the said THE NORTH WELD HERALD has been
published
'vccontinuously
said County uninterruptedly for the period of 52
weeks
l
of firstsame is and State, prior to
publication of said notice, and the the date
within the meaning of an Act to re a newspaper
iotices and advertise 9ulate printing
advertisement approved approved 9 of legal
Irior acts so far a May 8, 193
I force. 1. and all
BRU
J. ORMANN, PUBLISHER -
po
)scribed an,. P
'm.t best k ��
-,. 17 tom day
• 19
BAGL
�.h '
y \OF CO`,,,.- `9c NO �RY PUBLIC
mmission expires .
ORD 187
SEE ORIGINAL FILE FOR
ASSESSOR PARCEL
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