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Home My WebLink About952637.tiffORDINANCE 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 of administering the affairs of Weld County, Colorado, and WHEREAS, Title 29, Article 20, Colorado Revised Statutes, authorizes and encourages local govemments 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. 952637 ORD187 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 11th day of December, A.D., 1995. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Dale K. Hall, Chairman Weld County Clerk to the Board BY. Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney First Reading: November 13,1995 Publication: November 16,1995 Second Reading: November 27,1995 Publication: November 30,1995 Final Reading: December 11, 1995 Publication: December 14, 1995 Effective: December 19, 1995 Barbara J. Kirkmeyer, Pro-Tem George E. Baxter Constance L. Harbert W. H. Webster 952314 ORD187 INTERIM COORDINATED PLANNING AGREEMENT This Interim Coordinated Planning Agreement is made and entered into effective as of 1995, 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. 952314 ORD187 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 exceeds one-half ('/�) of one acre. 2.5 The Urban Growth Area is hereby established and shall consist of all lands in Sections 7, 18, 19 and 30 in Township 3 North, Range 66 West of the 6th P.M., and Sections 12, 13, 24, and 25, in Township 3 North, Range 67 West of the 6th P.M., all in Weld County, Colorado, EXCEPT 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 June 30, 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. 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: 952314 ORD187 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. 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 which may be required pursuant to § 4.4 of this Agreement. (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. 952314 3 ORD187 (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 aria, 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 facie 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. 952314 4 ORD187 (i) The parties anticipate that ¶4.3 (f) -(h) will be addressed in more detail when the Plan is adopted. 4.4 Oil & Gas Overlay Zone. Certain areas within the Urban Growth Area described below are deemed by the TOWN as the most likely areas for residential land uses for which planning will be required by oil and gas operators, surface developers, TOWN and COUNTY in order that each use may provide for the other. The COUNTY will promptly designate the following described areas within the Urban Growth Area as an overlay zone in which a use by special review is required for the drilling of any oil or gas well and construction of appurtenant facilities: The West one-half (W'/�) of Sections 18 and 19, in Township 3 North, Range 66 West of the 6th P.M., and the East one-half (E'/z) of Sections 13 and 24, and the Northeast one -quarter (NE%) of Section 25, in Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Notice of proposed surface DEVELOPMENT within the overlay zone shall be provided lessees and owners of oil and gas interests so that surface DEVELOPMENT can be planned and designed to consider current and future oil and gas drilling activity to the extent oil and gas development can be anticipated under current State regulations. 4.5 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. 4.6 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. 952314 5 ORD187 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. 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. 952314 6 ORD187 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. 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: Chairman ATTEST: By: Clerk to Board of County Commissioners of the County of Weld TOWN OF PLATTEVILLE, COLORADO By: Gary Homyak, Mayor ATTEST: By: Rosa M. Miller, Town Clerk 952314 ORD187 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. 952314 8 ORD187 • i 33• '. t • a WILDCAT ■ ;OWANDA 28r: 33 4 • • a 41//i von I6 IS • ■ 2 T u •• j ■ F I / 1■ • Oil and Gas Overlay Zone 12 1 1° VOLLMAI ca um C-3 VASO ■ V OUSTON• • ■a VILLE `� \ ■ KUGEL- STRONG \ AIRPORT FT I r I6) A S _ JI I II I I II I I II 3I I 1' _ P IO I I 15: I our a. bl2 Affidavit of Publication STATE OF COLORADO County of Weld SS. I A. Winkler Rresel of said County of Adana being duly sworn, say that I am publisher of PLATTEVILLE HERAL.I) that the same is a weekly newspaper of general circulation was printed and published in the town of FORT LUPTON in said county and state that the taucc of advertisement, of which the annexed is a true copy has been published lie in said weekly newspaper for ONE cons ecmtre weeks that the notice was published in the 6 l 1 enure issue of every number fsaid t v p a per during tperiod and time of publication f said notice and in the sp 1er proper and notine supplement thereof: that the first publication tt of said notice was contained in e e issue of said newspaper bearing the date of DECEMBER 6, A.D. 1995 and the last publication thereof, m the issue of sai,] newspaper, hearing date, the ¢th tat or DECEMBER 1995 that the said PLATTEVILLE HERALD as been published continuously and t- l e ly luring the period of al least fifty-two consecutive weeks next prior to the first issue a crud containing said notice or advertisement above referred To, and that said newspaper was at the time h the publications of said notice duly qualified for that purpose within the moaning f an act entitled. An Act Concerning Legal l Notices, Adverosements, -d Publications and the Fees of Printers and Pyldisheo thereof, and to Repeal all Acts and Pants of Acts in Conflict with the Provisions of this Act' approved April 7, 1921, and all amendments thereof, and particularly as amtsndeal by an act approved, March 310 .an an act apnrnv.I May 1931♦ 6771istier— Suh,scribed and sworn to before me this bill day of DECEMBER A.D. 1995 Notary t NuLlI V P It is P.O. BOX 125 FT. LUPTON, CO 80621 viii vcmmissic expires December 27, 1997 ORDINANCE NO. Tey PI THE MATTER OF THE WITH THE TOWN OF PLA�TpE OF AN INTERIM COORDINATED PLANNING AGREEMENT BE OO AWED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE COLORADO: pursuant to REAS, the eoR�nd County ommbelanara of the County of Weld;State of Colorado, administering the affairs of Weld County. Colors County Home Rule Charter, is vested with the authority of governments WHEREAS,to aSwrate a�i�dcontract with each other �le 20. Colorado Revised Statutes, authorizes and encourages local and related ru nt of land by the tpM and coordinated exercise of phe anning of zoning. ub and regulatory thers, andWHERF-AS, existing and anticipated pressures Ire exercise planning, zoning. subdivisions. the vioipna, buiyjrg, and the TOWN indicate that the joint and coontinated retractive protracts the of their yy Zoning, in this ounding exercise by the development and the TOWN ordinance, and regulatory pavers in such areas will hart WHEREAS, the Weld County Comprehan,rye Plan, as recently amended. contemplates the creation a such agreements. and altapproved by the Town e Platteville. Interim Coordinated Planning Agreement has been considered and of fWal9b Colorado, attached ORDAINED. by the Board of County Agreement with of the away Stab now, THEREFORE. ounty which shall he int'xllporeted by Ihis reference, Coordinateds t Planning Agppro ed m wire the Town of Interim BE IT FURTHER ganniAgreement.ORDAINED the �d that the Chairman b authorized to sign the attached BE IT FURTHER ORDAINED by the Board if any section subsection denrala�nstiNtional, such decision shall not affect theclaustr. or phrase of this nance is for validity of thheeY remaining reason hold t nsdecided to be p�O oThe oa dh, t County Nan' bar dame would have cumin each and every oecoon. rn unconstitutional or invagparagraphs, a1entences, clauses. om r phrases of the might fat that any one or morn Phrecea mi9hr' be declared to be The above and foregoing adopted by the following vole on tM� o' , Number 199.was. on motion duly made and aecortded. ATTEST: Weld County Clerk to the Board BY: Deputy Ciotti b dlieMeard FROVEDA$-Tfl,1DRM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dale K. f1ae, Chairman Barbara J. Kirkmeyer. Pro-Tem Osage E. Baxter Corepnce L. Harbert W. H. Webster First Reading: November 13, 1995 Publication: November 18, 1995. in North Weld Herald Second Reading: November 27, 1 995 Publication: December 6, 1995, in Pl atteville Herald Readinw December 11, 1995 Publlcetlon: DecembeContinuance of r 14, 1995, in Welts Herald Final Reading: December 27, 1995 Publication: January 4, 1996, in North Weld Herald Effective: January9 1996 INTERIM COORDINATED PLANNING AGREEMENT This Interim Coordinated Planning Agreement is made and entered into effective as of Colorado, hereinafter , e�etebetween e the Board of County Commissioners of the County of Weld, Stale of COUNTY; and the Town of Platteville, a Colorado Municipal corporation 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 boundaries, and annexations, and is able to provide municipal services annd acilites 'or efficient municipal desirable urban development and C. In Tine 29, Article 20, Colorado Revised Statutes, the General Assembly of the State of Colorado has granted broad authority to local governments to plan for end 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 dauthorized planning as eencouraged local govemments to cooperate and contract with each other for the purpose nd regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers; and E. Edsling TOWN indicate g� noes ordinal a for growth and development in areas surrounding the joint coordinated exercise by gu COUNTY in the TOWN of their respective the objectives ves stat d in this on. building and related regulatory powers in such areas wilt best Promote objedives stated in agreement. NOW THEREFORE, for and in consideration ofthe mutual promises and undertakings herein set forth, the parties agree as follows: 1. PURPOSES AND OBJECTNES. The purpose of this Agreement is to establish' procedures and standards pursuant to which the parties will move toward greeter coordination in the! exercise of their land use and related reguldory powers within unincorporated beet TOWN. The objectives health, of such efforts ere to accompash uch the type of development �in suchs areas whding ich tMwaotect, the financial, safety, and human a general welfare of the inhabitants thereof by reducing massive scattering ofresources which result from either excessive congestion or development. Population, and to achieve maximum efficiency and econom in the Y process of 2. as cut torte herein:F NITIO S. For the purposes of this Agreement the following terms shall be defined 2.1 Development. My land use requiring regulatory approval by elected officials, except for amended plats, and down -zoning. services 22suas central wateUrban r Dsvekpment Land uses which typically do not require municipal ter and sewer systems, mad networks, park and recreation services, tin drainage, and the like, aid which are generally considered to be rural in nature, including land used or capable of being used for agricultural production.expressly 2.3 PlaWvth Planning Area. The area located outside of but within three miles of the TOWNS municipal boundaries, 2.4 Urban Development Devebpmentwhich is characterized typical to rebated areas end requires for its support by development density systems, road networks services such as central water and er park and recreation facilities m and aloes. storm pand other similar services which are typically furnished by municipalities. Urban Development i na.Mt (1nclude i dential areas being planned aned for individual lots or parcels whose net acreage ezmeeds 2.5 The Urban Growth Area is hereby established and shall consist of all lands in Sections 7, 18, 19 and 30 in Township 3 North, Range 66 West of the 6th P.M., and Sections 12, 13, 24, and 25, in Township 3 North, Range 67 West of the 6th P.M., all in Weld County, Colorado, EXCEPT those lands located within the TOWN% 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 29-20.106 C.R.S. and herein called the "Plan." Such Plan will govern at land use decisions in the Platteville Planning Area and will contain Inter Ma (I) specific land use standards for the Urban Growth Ma as defined in 2.5 above, @) procedures for COUNTY coordination with the TOWN in its ( procedures and approval process � proposed Development in the Platteville Planning Area, end ii Planning Area, all for the achievement of the ating to theannexationsiolands alb within . piayvtte. Purposes stated in Section 1 above. 32 it is anticipated that land use regulations applicable to the Urban Growth Area will include without limitation regulations addressing the phasing of development zoning end wbdlvialon regulations, environmental and landscaping controls, development impact tees, specifications for the design and regarding the extension of streets, storm drainage add public mansewer utiland ity requirements 3.3 The parties intend to develop the Plan In sufficient time for its them not later than Jane 30, 1996. Concurrently with such a adoption e both of respective land use and other regulations in such adoption, the parties will amend each particulars as to authorize insn enforce the sate', i achieve the p ju intent, and effect of the Plan, and to administer and enforce the same within their respective jurisdictions. -4. WtRIM 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 panes, 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 ad 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. rocommondadons to COUNTY staff prior to formulation of to 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. Ifthe TOWN submits recommendations, the COUNTY will attar incl dew iin 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 W 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. 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 tip 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 A.18 of the Weld County Zoning Ordinance 080, as amended or renumbered (Exhibit'Al, 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 which may be required pursuant to § 4.4 of this Agreement. r u (c) The TOWN will extend its sanitary sewer service to property In the Urban ti.. to its rules and-reertatorts, wIllelllnciade Oro`dsions requiring gg 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 property within its boundaries, subject estates end regulations, which contain provisions similar to thus indicated above for sear service. Water furnished by the TOWN is received from Central Weld Cooly Water District (*Central Weld) under a Water Service Agreement daedApd 14, 1904. Al TOWN srvioe is Subject to to aid contract which, liars., o�drih the Teni �Wnssat outside its boundaries or outside lM boundaries id the directly from Central Wader District. Water service is currently avaaabme portions of the Urban Growth Area, subject to Central Welds rules end 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. (a) In rexgdGui of II e availability ulpublic wale and sewer con vice wife, the Urban Growth Area as Indicated in paragraphs (c) and (tit) above, the COUNTY will require public water and sower Gordon as a condition of approval of any subdivision, meow w,g or placed unit develops em and will nut approve aueh Develupnianl until to applicant obtains a written contract for same with the TOWN, or water service from Centel Weld if the TOWN cannot provide water. This Agreement shall be prima fade evidence ce of to availability of mmmuni a l walw and saws aa,vhis within the meani,g of §32.1.203(2.5)(a), C.R.S. (I) The COUNTY will not want any waiver of mined 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 subaectlon 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 anvil frustrate or materially hinder the evolution of genuine Urban Development as defined In § 2.4 of this Agreement, In the Urban Growth Area. (h) tarry TOWN recommendation of disapproval of e Development proposal is based upon a conflict or incompatibility between proposed uses In the Development and anticipated TOWN zoning classification tor the property, the COUNTY will not approve eame unless the applicant demonstrates (9 that no such conflict or incompatibility will reasonably occur. (ii) that suitable mitigation measures to be imposed by be COUNTY as wielitjws of evacuee, will Tribal min et edequetely mitigate adv.see consequences of Incompatibility or conflict, or (Iii) that the TOWN'S anticipated zoning xlassification of the property is unreasonable because of existing or planned uses of adjacent properly. 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. Q) The parties anticipate that ¶4.3 (q -(h) will be addressed in more detail when the Plan is adopted. 4.4 Oil 8 Gas Overlay Zone. Certain areas within the Urban Growth Area described below are deemed by the TOWN as the most likely areas for residential land uses for which planning will be required by oil and gas operators, surface developers, TOWN and COUNTY in order that each use may provide for the other. The COUNTY will promptly designate the following described areas within the Urban Growth Area as an overlay zone in which a use by special review is required for the drilling of any oil or gas well and construction of appurtenant facilities: The West one-half (W74) of Sections 18 and 19, in Township 3 North, Range 66 West of the 6th P.M.. and the East one-half (EX) of Sections 13 and 24, and the Northeast one -quarter (NEY.) of Section 25, in Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Notice of proposed surface DEVELOPMENT within the overlay zone shall be provided lessees and owners of oil and gas interests so that surface DEVELOPMENT can be planned and designed to consider current and future oil andgas drilling activity to the extent oil and gas development can be anticipated under current State regulations. 4.5 Mutuality of Impact Consideration. In considering proposals for Deveopment near -or adjacent to the TOWNs 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. 4.6 Referrals to County. The TOWN will refer proposals for Development which lie Can 500 feet of any property in unincorporated Weld County to the COUNTY for its review and rerxxmnemrlaikxl. 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 rmmmmnndatlons In TOWN. If thn COUNTY submits nn comma t nr recommendation the TOWN may assume it has nn objection In the proposal. If the COUNTY rerhnutr. rwxxrmxMatinnr., thn TOWN will either inrhrrin within its written dncininn the rnarxrnn for anyaction taken contrary to the same or furnish such reasons to the COUNTY by • separate vatting. Wham the DEVELOPMENT Is proposed as part of an annexation, the provisions of this section shall be deemed satisfied by compliance by the TOWN with Me Notice and Impact sasnnrrd provisions of the most currant version of the Munk:ifkal Annexation Act then in effort. If any COUNTY recommendation of disapproval of a Development proposal within 5% feel 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 properly. the TOWN will not approve same unless the applicant demonstrates (i) that no such wuflk.l 'ew,upetibll,ty will ,uubvurbly wuu,, (ii) Ilu.l built An wilivatiw, uwaawee Iv tar imposed by the TOWN as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the TOWNS 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; (ice 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 properly unless such road serves primrily TOWCOUNTY N willroperties rather than existing annex none such COUNTY road right r newly annexed d TOWN properties, in which case the annex any Notwithstanding any provision hereof to the contay, the TOWN is not obligated to Agreement by both parties whichin a � conform to the approved by the�Urban Growth Sthe serearteenlander*, this by the TOWN. or modification c4 'rich standards was granted by the COUNTY and approved 5.5 lend within None Urban Groing in this wth Area, regardless shell be atafrued to limit the TOWN from annexing result in disconnected municipal whether h annexations are involuntary or e pal satellites. • 5.6 In determining off -site improvements to be constructed by proponents of in -TOWN Development the TOWN wilt 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 e ecesd 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 A GREEMENT. 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. Eachparty 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 ordnnces whose amendment requires certain formalities, including notice and pudic hearings. The mutual covenants in this section and elsewhere to Implement this Agreement promptly are given and received with mutual recognition and under standing of the legislative processes involved, and such covenants will be liberally construed in light thereof. 8. MISCELLANEOUS PROVISIONS. 8.1 Severability. Should anyone or more sections or paragraphs d this Agreement be judidetermined invalid or nen: cenble, such judgment shall not affect, impair or invalidate the rem .. of this Agreement the intention being that the various sections and the graphs are severable. paragraphs severable. 8.2 Enforcement Either party may seek specific performance or enforcement of this Agreement in a Court dcompetent jurisdiction, but neither party shall haoe any claim or remedy for damages arising from an alleged breach hereof against the other, nor shall this agreement confer on either part nt This agreement contest Intended modify he r stanthe ng the ladles may other except as a se in epecmenl Is between the TOWN and the possess independent dt of this agreement. ent. l s Agreement -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 end Notwithstanding the foregoing, however, either party may terminate this s Agg termement bothparries.by giving written notice thereof to the other. reement by N WITNESS NAtEREOF, the parties have executed this Agreement effective as of the date first non written BOARD OF COUNTY COMMISSIONERS OTHE COUNTY OF WELD F By: Chairman ATTEST: BY' ID Board of County Commissioners don County of Weld TOWN OF-PL.ATTEVILLE, COLORADO BT Cary Homyak, Mayor ATTEST: By: Rosa M. Miller, Town Clerk FXHIRR "A" 71.4.18 My use permitted as a use by right, an accessory use, a a use by special review in the Commercial or Industrial zone districts provided the property Is rota LOT in an approved or recorded subdivision plat or LOTSof a ifa map or plan -filed prior to adoption of any regulations Subdivisions. PLO deveop ant proposals shall not be permitted to use the special review permit process to develop. Published in the Platteville Herald Decanter 6, 1995. ORDINANCE NO. 187 IN THE MATTER OF THE ADOPTION OF AN INTERIM CO- ORDINATED PLANNING AGREEMENT WITH THE TOWN OF PLATTEVILLE BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- 31ONERS OF THE COUNTY OF WELD, STATE OF COL- ORADO: AFFIDAVIT OF PUBLICATION WHEREAS, the Board of County Commissioners of the County of Weld, Stale of Colorado, pursuant to Col- orado 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, 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 ordi- nance, 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 incor- porated 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 Coordi- nated 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 un- constitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Com- missioners 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, sen- tences, clauses, or phrases might be declared to be uncon- stitutional or Invalid. The above and foregoing Ordinance Number 187 was, on motion duly made and seconded, adopted by the fol- lowing vote on the 11th day of December, A.D., 1995. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dale K. Hall, Chairman Barbara J. Klrlaneyer, Pro-Tem George E. Baxter Constance L. Harbert W. H. Webster ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney First Reading: November 13,1995 Publication: November 16,1995 Second Reading: November 27,1995 Publication: November 30,1995 Final Reading: December 11, 1995 Publication: December 14, 1995 Effective: December 19, 1995 INTERIM COORDINATED PLANNING AGREEMENT This Interim Coordinated Planning Agreement Is made and entered into effective as of 1995, between the Board of County Commissioners of the County of Weld, State of Colorado, hereinafter caked the 'COUNTY,' and the Town of Platteville, a Colorado Municipal Corpora- tion, hereinafter called the 'TOWN.' RECITALS authority regulating land use,ggroowthmean devvels opmentnin its unincorporated areas, which areas Include lands surrounding the TOWN; and B. The TOWN exercises governmental ex — authority over the same matters within Its municipal I-rd- ades, and annexations, and is able to provide rf.,�.- services and facilities for efficient and desirable una ' STATE OF COLORADO 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 SS. 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/B true copy, has been published in said weekly newspaper for ru 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: A.S4 4-.t e'7 /feadi, was in said newspaper bearing the date(s) of: a / ,19 ,19 19 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 advert nts, approvey 18, 1931, and all prior acts so far i force. 759" day J. BORMANN, PUBLISHER ibed and sworn to before me this �et'mbrh ,1s 95 OTARY PUBLIC on expires It mm6E4, 2/ /999 '2)a c C. In Title 29, Article 20, Colorado Re- vised Statutes, the General Assembly of t Stale of Col- orado has swed broad authority to local govemnsnts to Ian for and regulate the development and use of land within their respective jurisdictions; and D. In said Tits 29, Article 20, Colorado Revised Statutes, the General Assembly has further autho- rized and encouraged local governments to cooperate and . centred with each other for the Purpose of planning and regu- lating exercise plank g, zonl g sWland tlHlslo joint, buNtlAng, and re - lured coordinated ed regulatory powers; and a E. Existing and anticipated pressures for =growth and development In areas surrounding the TOWN In- that theJoint and coordinated exercise by the COUNTY and the TOWN of their respective planning, zoning, subdivision, betiding and related regulatory powers in such -areas will best promote the objectives slated in this agree - mere. NOW THEREFORE, for and In conslderatkn of the mutual promises and undertakings herein set forth, the pad ties tyres as follows: 1. PURPOSES AND OBJECTIVES. The purpose three Agreement whichthe establish procedures and =regulatory pursuant parties will move toward sled regulatory powers wihin unincorn in the exercise ptheir land uSe and re orated areas surround - the TOWN. The objectives of such efforts are to accom- iM type of development in such areas which best pro - the hekthabliants thereof ,ssaffety, prosperity, by rip and general welfare of the nan- dal, and human resources which eres waste from physical, efxces- sive ttering of and to achswemax mum efficiency �e and ecconomy Inn the prrocess 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 re- quiring regulatory approval by elected officials, except for amended plats, and down -zoning. 2.2 Non -Urban Development. Land uses which typically do not require municipal services such as central water and sewer sys- tems, road networks, park and recreation ser- vices, storm drainage, and the like, and which are generally considered to be rural In nature, ex- pressly 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. Develop- ment 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 recre- ation fealties and pro -grams, storm drainage, and other similar services which are typically fur- nished by municipalities. Urban Development does not Include residential areas being planned for individual lots or parcels whose net acreage exceeds one-half (1/2) of one acre. 2.5 The Urban Growth Area is hereby established and shall consist of all lands in Sections 7, 18, 19 and 30 In Township 3 North, Range 66 West of the 6th P.M., and Sections 12, 134, and 25, In Township 3 North, Range 87 West of the 6th P.M., all in Weld County, Col- orado, EXCEPT 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 devel- opment 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 Plat- teville Planning Area and will contain Infer alga (I) specific landuse 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 (Ill) proce- dures and guidelines relating to the annexation of lands within the Platteville Planning Area, all for the achievement of the purposes stated in Sec- tion 1 above. • 32 II is anticipated that land use regulations sill include applicable limitation regulations naddress- ing Growth the phasing of development, zoning and sub- divbion regulations, environmental and landscap- ing controls, development impact fees, specgica- tiers for the design and construction ofnpublic im- provements, oflstreets, and requirements drainage regarding TOWN wa- ter and sewer utility systems. 3.3- Thebamee-hxendT5da.akpthe Plan In sufficient time for its adoption by both of ofIy with such later than the parties Swill amend their respective land use and other regulations In such particulars as will authorize and enable each of tthheemPlan, and to adme the inister and enforce the samof e within their respective jurisdictions. 4. I - 'NATION. This Agreement is M PLANNING to be anDln- terim Comprehensive Development Plan adopted and implemented pursuant to C.R.S. § 29-20- 105(2). Following the execution of this Agreement by in the a both Planning TY Development eawilbprocessed and determined In accordance with the following: 4.all proposals fin Development to COUNTY TOWNlfrrits review and recommendation. Such referral will include at least a copy of the written Development eeal andpreliminary COUNTY Will all w snot less than of the case. The tJ 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 re- spond within such time, COUNTY staff may pro- ceed with its recommendation, but any TOWN comments or recommendation received on or be- fore the Thursday next preceding the meeting of the Board of County Commissioners or PIaornvseI�q erred wiplbentranwNBedt to the matter lor Comnib- sion. If the TOWN submits no comment r rec- ommendation theOUNTY may assume it ohas no objection to the proposal. If the TOWN submits recommendations, the COUNTY will either Include within Its written decision the reasons for any ac- tion 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 De velopment in areas of the Platteville Planning Area outside the Urban Growth Area. in reviewing proposals for Non -Urban Development in such ar- eas, the COUNTY will apply Its Comprehensive Plan and zoning and subdivision ordinances. 4.3 Development In Urban Growth Area. The following shah apply to proposed Da velopment in the Urban Growth Area: (a) Upon receipt of any proposal for Development eligible elopvoluntary pnrtoop- annexation to theerty then y TOWN, the COUNTS( will, in writing, notify the proponent of tand no- he the TOWNopportunIof the oposaty for l tad) An essential purpose of this Agreement is en sure eure that Urban Development occur on within Town limits or in areas which will be annexed to the Town laths near future. Therefor% as a condition of proval of any rezoning, use by special review for commercial or industrial uses pursuant to § 31.4.18 of the Weld Court Zoning Ordinance 689, as amen d or renumbered (Exhibit 'A')), planned unit development, or subdivi- sion, the COUNTY will require a bind- ing annexation agreement between the applicant and the TOWN which re- quires the owners to annex the pop- ery to the TOWN upon the terns 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 which may be required pursuant to § 4.4 of this Agreement. )CR AMOUNT SERVICES (c) The TOWN will extend its sanitary sewer service to property in the Urban Growth Area, sub - to lts rules and regulations, which contract forproera et a orallalnserrvi eland _the construction lion of new mains and _other (adages necessary to serve the property withcosts assessed in so- ancan with TOWN'S hies and re_gulationo- tice of tiny . TOWN agrees proposed change pin said lutes and regulations to COUNTY 21 days prior to adoption. pro- vides municipal water service toprop- erty within Its boundaries, subject to is rules and regulations, witch con- tain provisions similar to those Indi- cated ce. Water -fumished by thMTOWNryis received from Central Weld County Water DM - bid ('Central Weld') under a Water -- *Saar^^ a reement dated April 14. 1994. All TOWN service is subject to the said contract which, Inter aPt pro- hbits the TOWN from serving outside bound- aries the rt Northern es or outside Colorado Water Conservancy District. Water service Is currently available directly from 1GGrowtrh Area, Weth subject dto Central heUrban rules and regulations. Contemporane- ously with the development of the Plan, the TOWN will negotiate in good faith with Central Weld to explore ways 4n which the extension of water service outside TOWN boundaries, particular* in areas not presently included In Cen- tral Weld, can be coordinated so as to achieve the purposes stated in Sec- tion 1 above wilts still recognizing the rights and obligations of Central Weld and its constnuents. In of the avallabillity of public wateronand 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 ■ condition of approval of any subdsi- slon, rezoning or planned unit devel- opment andwillnot approve such De- velopment until the applicant obtains ■ written contract for same with the TOWN, or water service from Central Weld a the TOWN cannot provide wa- ter. This Agreement shall be prima retie evidence of the availability of municipal water and sewer service within the meaning cif 132.1- 203(2.5)(a), C.R.S. m The COUNTY will not grant any waiver of cumin TOWN street standards for any Dab _opment without the consent of the TOWN. extent COUNTY, the COUNdetermined wil the pro- posals for Non -Urban DevelopmentPt the Urban Growth Area. Nothinngg hi this subsection shall restrict the COIN4TY from approving, by means of a moose such as recorded exemption or subdi- vision �Ision of ownership parcels lo- cated in the Urban Growth Area having existing residential tiimprovements of served size septic of resulting ems, regardless g lots. Neverthe- less, the COUNTY wilt not permit such a concentration of such divisions In any particular area as will frustrate a materially hinder the evolution of peat uahe Urban Development, as deitned In ji 2.4 of this Agreement, in the Ur- ban Growth Area. Development If any TOWN recondatippn of rroposal is based cpproval apon a conflict or incompatibility between proposed uses in the Development and anticipated TOWN zoning classi- fication for the property, the COUNTY wIN not approve same unless the ap- plicant -demonstrates (I) that noRuth conflict or Incompatibility will reason- ably occur, (II) that suitable inkigMlon measures to be Imposed by the COUNTY as conditions of approval all eliminate or adequately mitigate ad- verse consequences of incompatibility or conflict, zoning c�siiffiication r$ the property is unreasonable- beceuee of existing or planned uses of adjacent properly. The TOWN shall be given notice of, and may appear and be heard at proceed- ing al which ythe COUhearing NNTY wig consider such issues. an- ticipate that 14.3 (f) The (h) will parties ad- dressed in more detail when the Wan Is adopted. 4.4 Zone. Certain ) areaswithin thGase UrbanverlayGrrowth Area deathbed below are deemed by the TOWN as the most likely areas for residential land uses for which pen- ning will De required by oil and gas operators, surface devaelopers, TOWN and COUNTY In order that each use may provide for the other. The COUNTY will promptly designate the following described areas within the Urban Growth Area as an overlay zone In which a use by special review is re- wired etrew�o f any oil pineaant facilities: The West one-half (W I2), a Sec- tions 18 and 19, In Township- 3 North, Range 66 West of muse. P.M. and the East one -hag (El2) of Sections 13 and 24, and the Northeast one -quarter (NE1/4) of Section 25, in Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Nate of proposed surface DEVELOPMENT within the overlay zone shall be provided Seeee and owners of oil and gas interests so that sur- face DEVELOPMENT can be planned and, Mo- to consider current/ and future oil and be dh4rp activity to the extent oil and gas debt* meat can be anticipated under current Stale repu- tations. 4.5 Mutuality of Impact Considera- tion. In considering proposals for Development near or adjacent to the TOWN's boundaries, the pfparty having jurisdiction will consider the impacts opmaa upon property subject tothe jurisdiction of the other party on the same basis as t would consider those impacts upon property subject billyto ks Libby b rp m deleimamptlf- bidNly of the tproposal. 4.6 Referrals to C�unty. The TOWN will refer proposals for wwlopn rd which lie within 500 test of any property in Weld County to the COUNTY for its review d 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. ti the COUNTY submits no comment or recommendation the TOWN may assume it has no objection to the proposal. if the COUNTY submits recommenda-. tens, the TOWN will either include within Its writ- ten decision the reasons for any action taken con- trary to thesamesame or furnish such reasons to theC. bbeaprroapoo separatewriting. as paWhere a an DE- VELOPMENT the annexx- tion, 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 Mdniclppat An- nexation Ad then in effect. 8 any COUNTY rec- -ommendation of disapproval of a Development proposal within 500feet of any property in unin- corporated Weld County is based upon a conlid or incompatibility between proposed uses In Development and existing or anticipated zo classification for the property, the TOWN will epwrove same unless the applicant demonstrates (I) that no such conflict or incompatiblWy win rea- sonably occur, (ii) that suitable mitigation mea- sures to be imposed by the TOWN as condilps of approval will eliminate or adequately mi00ata adverse consequences of incompatibility or con- flict, or (III) that the TOWN'S anticipated zoMeg desslllcaton of the property is unreasonabe'es- caaoupsee of existing or planned uses of adjacent and may appear and be heard COUNTY shall at any hn eaarix qg thret of other proceeding at which the TOWN will center such Issues. 5. ANNEXATION. -5.1 The TOWN will give serious con- sideration to all petitions for annexation of ands within the titan Growth Area and will not deans to annex such properties except for good cause. For the purposes of this Section, good cause in - -dudes dudes without timilation the fogawing:ta- tension of one or more mUrecIpal sambas to the area would place an umessosbe *concrete SftF den on the existing users of such service* ors. upon the future residents or owners of property in the area itself; (ii) the area is not reasonably con- tiguous in fact to the TOWN's existing boundaries, and its annexation would result in disconnected municipal satellites. 5.2 proper- ties located outside l the TOWN Nan Growth �a ursasa such property is both eligible for annexation and Is deslred by the TOWN for mumclpal purposes. 5.3 To the extent legally possible Ilia TOWN will annex the full width of each COUNTY road rids of way adjacent to newly annexed pap- ery unless such road serves primarily CO1MY properties rather than existing or newly annaaad annenex none 01 such COUNTY road triggll of way.5.l N the TOWN a not provision l hereof to the cont ated to annex any property within a DOVIIkpinellf ap- proved Mt Agreement by both py the County after the execution of parties which does con- form to the County Urban Growth Standards, tin- -less aswwtaiver or modification of such standards TON".ins ed by the COUNTY and approved by Vie 5.5 Nothing In this Section 5 shall be construed to lima the TOWN from annexin any and within the Urban Growth Area, whether such annexations are 'mature's). or re- sult in disconnected municipal satellites. e improve- ments to beconstructedndetermining 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. Dpipann -6. DEVELOPMENT FEES. As part of any nt lees to be�assessed both in rties Mil thosespo�loule of ns of thePlatteville Planning Area which it is expected will be annexed to the TOWN and those areas thereof which will remain within the COUNTY. The panes will avoid duplication of development fees to be assessed to property within the Urban Growth Area. 7. IMPLEMENTATION OF AGREEMENT, Folowing the mum xecution of this Agreement each party will promptly implement such amendments to its -existing land use or annexation regulations as may be nec- essary 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 re- quires certain formalities, including notice and public hear- ings. The mutual covenants in this section and elsewhere to implement hemutuall r�gnngeaion and understandingre ofof the let lnd egislative 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 unehforceable, such judgment shall not affect, impair or Invali- date the remaining provisions of this Agreement, the intention being that the various sections and paragraphs are severable. 82 Enforcement. Either party may seek Agreement metc eperformanceCourt competeor nt jurnt of isdiction, but neither party shall have any claim or remedy for damages arising from an alleged breath hereof against the other, nor shall this agreement corder on either part standing to cbreest a Iand use deci- sion or action of the other except as a breach of this agreement. This agreement is not intended to modify the standing the panes may possess in- dependent the TOWN and methe COUhis N Y areement is nd 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. Notwithstand- ing the foregoing, however, either party may ter- minate 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: Chairman ATTEST: By: Cleric to Board of County Commissioners of the County of Weld TOWN OF PLATTEVILLE, COLORADO Gary Hbmyak, Mayor ATTEST: BY: Rosa M. Miller, Town Clerk FXHIRIT "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 pad d a map or plan filed prior t6 adoption of any regulations controlling subdivisions. PUD development proposals shall noh be permitted to use the special review permitprocess to develop. Published November 19, 1995, in The Non Weld Herald MEMO To: Board of County Commissioners From: Lee D. Morrison Subject: Platteville IGA Date: November 13, 1995 The proposed 1GA has several key concepts: 1. The IGA has three areas outside of the municipality (see map) to consider: a. The Urban Growth Area which is based on ability to provide sewer and anticipated growth ( § 2.5); b. A larger area, the Platteville Planning Area(PPA), which is the three miles around the Town ( § 2.3); and c. The Oil and Gas Overlay ( § 4.4) 2. Once passed, the IGA is enforceable as a Comprehensive Development Plan under the authorizing legislation but also contemplates a joint planning process which will result in a Plan for the PPA and implementing changes in County and Town Ordinances.( § 3, § 7) 3. Referrals will continue to the Town for the PPA as before except that the County agrees to spell out its reasons for a decision contrary to the recommendation of the Town. The final decision is still the County' s.( § 4) a. Inside the UGA the County will encourage annexations by advising the applicant or obtaining an agreement to annex. This does not apply to RE's, or USR's except a USR which substitutes for a zone change. ( § 4.3) i. The Town will normally provide water and sewer to this area.( § 4.3 c & d) i. The County would deny non -urban development inside the UGA but this provision would not affect the ability of owners of existing residential uses on septic to seek an RE. ( § 4.3 g) b. Outside UGA but inside PPA, County will deny urban -development but only if such denial is supported by County Ordinances and the law. 4. The Town will also give referrals to the County for development w/in 500 feet of the County and will have to consider the impact on unannexed property and County roads ( § 5.6 ,§ 4.5 and 4.6) 5. The Town will annex only within UGA except for municipal purposes. ( § 5.2). The UGA area is anticipated to be annexed. 6. Enforcement would be by equitable actions in Court 7. Oil and Gas activities in the Overlay Zone would require a USR in the same manner as in R-1 zone district in the County. The application would not trigger the need for an annexation agreements. Welborn Sullivan Meck & Tooley, P.C. November 7, 1995 Mayor Gary Homyak and Members of the Board of Trustees Town of Platteville P.O. Box 70 Platteville, CO 80651 Re: Proposed Interim Coordinated Planning Agreement between the Town of Platteville and the Board of County Commissioners of Weld County Mayor Homyak and Members of the Board: Attorneys at Law 1775 Sherman Street Suite 1800 Denver, Colorado 80203 Telephone 303-830-2500 Facsimile 303-832-2368 John F. Welborn Stephen J. Sullivan John F. Meek Keith D. Tooley Kendor P. Jones Molly Sommerville Karen Ostrander -Krug Marla a Valdez Brian S. Tooley Scott L. Sells Tamara Barnes We enclose with this letter Specific Comments for the consideration of the Board of Trustees at the public hearing to be held November 7, 1995 to consider a proposed agreement between the Town of Platteville ("Town") and Weld County ("County") entitled "Interim Coordinated Planning Agreement" ("Agreement"). The comments are submitted on behalf of the Colorado Oil and Gas Association ("COGA') and various oil and gas companies that own mineral interests in and around the Town and throughout the County.' Of Counsel Robert F. Welborn Special Counsel Hugh V. Schaefer COGA and the Companies have concerns about the Agreement because, among other things, it purports to create an "oil and gas overlay zone" for which an operator will be required to obtain a special use permit from the County in order to drill an oil or gas well, and it anticipates that Weld County will adopt "specific land use standards" for the Urban Growth Area as defined in the!Agreement which could affect oil and gas operations, including standards that relate4fo "environmental and landscaping controls." As the Town is aware, the Town, COGA and the Companies have been engaged in discussions for several months to reach an agreement to allow the Town to be a participant in the planning process with the operators and surface owners for certain lands outside the Town. The lands that have been the subject of the discussions are substantially similar to the 'The companies which join in this letter are Basin Exploration Inc., HS Resources, Snyder Oil Corporation, Freedom Energy Company and Gerrity Oil and Gas Corporation ("Companies"). minted on rec. r -J paper Welborn Sullivan Meck & Tooley, P.C. Mayor Gary Homyak and Members of the Board of Trustees November 7, 1995 Page 2 Urban Growth Area described in the Agreement. The notice and consultation procedure that has been the focus of our discussions contemplates that an oil and gas operator would give the Town advance notice that it intends to commence negotiations with a surface owner concerning, among other things, the location of wells and oil and gas facilities. In this context, the Companies would voluntarily provide the Town with a forum to indicate to the parties how the Town anticipated the property would be zoned and developed in the future and any recommended location for access roads. The procedure includes that the Companies were to take into account "current and future surface planned unit development and subdivision activities to the extent" the development could "reasonably be anticipated." You should note that the Companies were prepared to voluntarily endorse the notice and consultation procedure and that it was not a procedure that the Town could otherwise require the Companies to comply with since the Town does not itself have jurisdiction over the lands to which the procedure would apply. The notice and consultation procedure provided a flexible framework in which the surface owner, the operator and the Town could discuss and take into account plans that the Town might have for future growth and development in the areas that were the subject of discussion. We believed that the agreement that embodied the notice and consultation procedure would result in a positive working relationship between the Town and the Companies and the process could serve as a springboard for being able to continue to work together to make various forms of development compatible. In the middle of our discussions concerning the notice and consultation procedure, however, Weld County provided the Companies and COGA with a copy of a draft of the proposed intergovernmental agreement between the County and the Town. We understood for the first time that the Townrwas negotiating with us for a voluntary notice and consultation procedure, on the. one hand, and, on the other hand, it was asking the County to impose additional regulations on oil and gas development through the intergovernmental agreement. We object to the intergovernmental agreement to the extent that the two jurisdictions would use it as a mechanism to impose additional regulations on oil and gas -operators and take the position that the notice and consultation procedure is in lieu of such additional requirements. Welborn Sullivan Meek & Tooley, P.C. Mayor Gary fomyak and _Members of the Board of Trustees November 7, 1995 Page 3 We urge you to disapprove those parts of the intergovernmental agreement that affect oil and gas operators and join with us again in discussions to finalize an agreement -for a notice and consultation procedure. The notice and consultation procedure has the advantage of including surface owners in the discussions and recognizing their rights and concerns as well as their future plans with respect to properties. Very truly yours, Jeff Welborn and Molly Sommerville MLS/jc cc: Lee Morrison, Esq. Ken Wonstolen, Esq. lIloward Boigon, Esq. Carol Harmon, Esq./Ron Jacobs, Esq. Mark Choury/David Siple Clayton Chessman SPECIFIC COMMENTS Submitted to the Town of Platteville and to the Weld County Board of County Commissioners November 7, 1995 The Colorado Oil and Gas Association ("COGA") and various members of the oil and -gas industry which are identified in the letter that accompanies these specific comments submit these comments to the Board of County Commissioners of Weld County and to the Board of Trustees for the Town of Platteville for their consideration. The comments concern the "Interim Coordinated Planning Agreement" ("Agreement") that we understand has been the subject of negotiations between the Town and the County and which the Board of Trustees proposes to consider at a hearing on November 7. Our comments are as follows: 1. Section 3.1. The County and the Town agree to develop a comprehensive development plan which is required to contain "specific land use standards" for what is defined as the Urban Growth Area. We note that any standards that the County adopts generally should not apply to oil and gas operations. For example, standards that cover matters which are the subject of regulations of the Colorado Oil and Gas Conservation Commission ("COGCC") would be preempted by state law. Standards could also be in excess of the County's authority to the extent that they would not be limited to valid land use concerns. County regulations could also impair the vested rights of mineral owners and surface owners since the County could. impose requirements that are contrary to the wishes of the surface owner or that are in anticipation of future development where there is no certainty or likelihood that any particular surface owner will develop his property in the manner in which the Town would like it developed. Please also note that the COGCC has established a task force to study and recommend _changes and additions to the high density regulations of the COGCC, among other things. The COGCC is prepared to consider new regulations that relate to high density areas and other safety concerns beginning,in January 1996. The County would be preempted by state law from adopting land use standards which are different from or more stringent than any COGCC regulations on the same subject. 2. Section 3.2. The Section provides that the parties anticipate that the County will adopt land use regulations for the Urban Growth Area that address "environmental and landscaping controls," among other things. Environmental matters related to oil and gas development are comprehensively regulated by the COGCC so that local regulation on the subject is preempted. Landscaping controls must be feasible, provide safe conditions for -operators and take into account only the current use of the land. 7-C:\ WP60\PLATIEV I\IN7ERCOM November 6, 1995 (9:08am) 3. Subsections 4.3 (a) and (b). "Development" is generally defined in the Agreement to be any land use that requires regulatory approval. Section 4.4 of the Agreement creates an oil and gas overlay zone in which operators are required to obtain special use permit approval from the County to drill oil and gas wells. Section 4.3 requires that the County condition its approval of a special use permit upon a binding agreement between the applicant and the Town that the property that is the subject of the development application be annexed to the Town. The provision is drafted broadly enough that an oil and gas operator would be required to have the property on which he wishes to drill an oil and gas well annexed to the Town in order to get a special use permit to drill a well; however, the annexation provisions have no practical application to special use permits for oil and gas wells. 4. Section 4.3(f). The Section provides that the County will not grant a waiver of Town street standards without the Town's consent. The Town's general street standards should not be applicable to access roads for oil and gas operations. 5. Section 4.3 (g). The Section requires the County to disapprove proposals for "Non - Urban Development" in the Urban Growth Area to "the extent legally possible." Oil and gas operations are not identified as either "Urban Development" or "Non -Urban Development" in the Agreement; however, they more likely fall in the category of "Non -Urban Development." The provision is objectionable and is preempted by state law to the extent the County -disapproves permits to drill an oil and gas well. 6. Section 4.3 (h). The Section provides that the County cannot approve a Development proposal in the Urban Growth Area if the Town recommends that the proposal be disapproved because it is incompatible with how the Town anticipates that it will zone the property in the future unless the applicant for the permit shows 1) there will be no conflict or incompatibility; or 2) the County will impose adequate mitigation measures; or 3) the zoning class that the Town proposes is unreasonable. The provision is objectionable and the County is preempted by state law to the extent that the Town has power to veto oil and gas operations or impose conditions on permit approval that are not related to valid land use concerns based on existing land use conditions. 7. Section 4.4. The Section creates an "oil and gas overlay zone" for which the County will require a special use permit to drill an oil or gas well or to construct appurtenant facilities. The oil and gas overlay zone includes an area of about two and a quarter sections that are inside the Town and immediately adjacent to the Town boundaries. The only purpose to require a special use permit for the property is for the County to have the opportunity to impose requirements related strictly to land use issues such as mitigation impact measures. There would be no valid land use concerns or public health and safety issues over which the two local government entities have jurisdiction, however, where the property is rural and the surface owner has no plans to develop the property. 8. Section 4.6. The Section is the mirror image of Section 4.3(h) and provides that the Town cannot approve a Development proposal for property within 500 feet of any property 7-C:\ WP6O\PLAllEV1\INTERCOM November 6. 1995 (9:08am) in unincorporated Weld County if the County recommends that she proposal -be disapproved because there is incompatibility between the proposed use and she existing or anticipated zoning class for the property unless the applicant for the permit shows 1) there will be no conflict or incompatibility; or 2) the Town will impose adequate mitigation measures; or 3) the zoning class that the Town proposes is unreasonable because of existing or planned uses of adjacentproperty. The provision is objectionable and the Town is preempted by state law -to the extent the County has power to veto oil and gas operations or impose conditions on permit applications that are not related to valid land use concerns based on existing land use conditions. 7-C:\WP60\P WTfEVI\INTERCOM November 6, 1995 (9:08am) WelbornSullivanMeck & Tooley, P.C. November 6, 1993 Lee Morrison, Esq. Assistant Weld County Attorney P.O. Box 1948 Greeley, CO 80632 Re: Proposed Intergovernmental Agreement Between Town of Platteville and Weld County Dear Lee: N_OV 0 7 1995 1 • ELD COUNTY ATTORNEYS OFFICE I enclose for your information a copy of a letter that our law firm submitted to the Board of Trustees for the Town of Platteville on behalf of various parties for a hearing on November 7 when the Town will consider a proposed intergovernmental agreement between the Town of Plattevile and Weld County. _I also enclose -a copy of the specific comments that we submitted with the letter. If you have any questions regarding this matter, please call me. Best regards, Molly Sommerville cc: Ken Wonstolen, Esq. Howard Boigon, -Esq. Carol Harmon, Esq./Ron-Jacobs, Esq. Mark Choury/David Siple Clayton Chessman Hello