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Home My WebLink About992430.tiff ORDINANCE NO. 208 IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE CITY OF EVANS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Title 29, Article 20, C.R.S., authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning,zoning,subdivisions, building, and related regulatory powers, and WHEREAS, existing and anticipated pressures for growth and development in areas surrounding the City of Evans indicate that the joint and coordinated exercise by the County of Weld and said municipality of its respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this ordinance, and WHEREAS, the attached Coordinated Planning Agreement between the Weld County Board of Commissioners, on behalf of the Department of Planning Services, and the City of Evans, a copy of which is attached hereto and incorporated by this reference, has been considered and approved by said municipality. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that the attached Coordinated Planning Agreement between the Weld County Bcard of Commissioners, on behalf of the Department of Planning Services, and the City of Evans be, and hereby is, approved. BE IT FURTHER ORDAINED by the Board that the Chair is authorized to sign the attached Coordinated Planning Agreement. Ann 111111lillllll11llll MIL IIIIIIIIIIIIIIii pod: CA, Evans O992430 RD2013 2726369 10/12/1999 03:42P JA Suki Tsukamoto 1 of 11 R 0.00 0 0.00 Weld County CO RE: ORDINANCE NO. 208 PAGE 2 BE IT FURTHER ORDAINED by the Board if any section,subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and fore. • ce No. 208 was, on motion duly made and seconded, adopted by e folio in. . r, ;...(fit . - of October, A. D., 1999. ATTEST: ►�" " �, BOARD OF COUNTY COMMISSIONERS Clerk to th oar \ n.ci ' c�O - ' WELD COUNTY, COLORADO WtiBy: too . \ Deputy Clerk to the Boa.t� � Da K. all, Chairman APPRD AS TO FORM: arb ra J. Kirkmey Pro-Te By: j. C'LL� L � , /County Attd ney ' Geo e E. a erL M. . eile jp./ Glenn V�ae ' First Reading: August 30, 1999 Publication: September 4, 1999, in the Fort Lupton Press Second Reading: September 15, 1999 Publication: September 22, 1999, in the Fort Lupton Press Final Reading: October 4, 1999 Publication: October 9, 1999, in the Fort Lupton Press Effective: October 14, 1999 1111111111111111111111111111111111111111III1111111111111 992430 2726369 10/12/1999 03:42P JA Suki Tsukamoto ORD208 2 of 11 R 0.00 0 0.00 Weld County CO Revised 6/7/99 COORDINATED PLANNING AGREEMENT �1This Coordinated Planning Agreement is made and entered into effective as of the /el day of, &±b( k , 1999, between the Board of County Commissioners of the County of'Weld, State of Colorado, hereinafter called the "COUNTY," and the City of Evans, a Colorado Municipal corporation hereinafter called the "MUNICIPALITY." RECITALS A. The COUNTY exercises governmental authority regulating land use, growth and development in its unincorporated areas, which areas include lands surrounding the MUNICIPALITY; and B. The MUNICIPALITY exercises governmental authority over the same matters within its municipal boundaries, and annexations, and is able to provide municipal services and facilities for efficient and desirable urban development; and C. In Title 29,Article 20, Colorado Revised Statutes,the General Assembly of the State of Colorado has granted broad authority to local governments to plan for and regulate the development and use of land within their respective jurisdictions; and D. In said Title 29, Article 20, Colorado Revised Statutes, the General Assembly has further authorized and encouraged local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers; and E. Existing and anticipated pressures for growth and development in areas surrounding the MUNICIPALITY indicate that the joint and coordinated exercise by the COUNTY and the MUNICIPALITY of their respective planning, zoning, subdivision, building and related regulatory powers in such areas 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 MUNICIPALITY. The objectives of such efforts are to accomplish the type of development in such areas which best protects the health, safety, prosperity, and general welfare of the inhabitants thereof by reducing the waste of physical, financial, and human resources which result from either excessive congestion or excessive scattering of population, and to achieve maximum efficiency and economy in the process of development. However, any action taken pursuant to this Agreement that pertains to any land within the municipality,for incorporated areas, and within the County, for unincorporated areas, is subject to final approval by the governing body of the municipality or county, respectively. 1111111 11111 111111 IIII 111111 11 1111111 III 11111 IIII 1111 2726369 10/12/1999 03:42P JA Suki Tsukamoto 3 of 11 R 0.00 D 0.00 Weld County CO 1 2. DEFINITIONS. For the purposes of this Agreement the following terms shall be defined as set forth herein: 2.1 Development. Any land use requiring regulatory approval by the elected governing body of the applicable party in the Urban Growth Area except for an amendment to a plat or a down-zoning, neither of which creates any additional lots and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural uses,which are lawful uses, either as uses by right under the Weld County Zoning Ordinance, as amended, or as legally existing non-conforming uses which are non-conforming as the result of animal units in excess of the bulk requirements, are also exempt from the definition of "Development". 2.2 Non-Urban Development. Land uses which typically do not require support 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 MUNICIPAL Referral Area. The area located outside of but within three miles of the MUNICIPALITY's municipal boundaries. 2.4 Urban Development. Development which is characterized by development density typical to urbanized areas and requires support services such as central water and sewer systems, road networks, park and recreation facilities and programs, storm drainage, and other similar services which are typically furnished by MUNICIPALITY. 2.5 The Urban Growth Area is hereby established and shall consist of all lands shown or described in the attached Exhibit"A," EXCEPTING those lands located within the MUNICIPALITY's municipal boundaries. 3. PLANNING COORDINATION. This Agreement is intended to be a Comprehensive Development Plan adopted and implemented pursuant to C.R.S. §29-20-105(2). Following the execution of this Agreement by both parties, COUNTY Development approvals in the MUNICIPALITY's Referral Area will be processed and determined in accordance with the following: 3.1 Referral. The COUNTY will refer all proposals for Development to the MUNICIPALITY for its review and recommendation. Such referral will include at least a copy of the written Development proposal and preliminary COUNTY staff summary of the case. The COUNTY will allow not less than twenty-one (21) days for the MUNICIPALITY to review same and furnish its recommendations to COUNTY staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not respond within such time, COUNTY staff may proceed with its recommendation, but any MUNICIPALITY comment or recommendation received on or before the Thursday next preceding the meeting of ':he Board of County Commissioners or Planning Commission at which the matter will be considered will be transmitted to the Board or Commission. If the MUNICIPALITY submits no comment or recommendation, the COUNTY may assume the MUNICIPALITY has no objection to the proposal. If the MUNICIPALITY submits recommendations, the COUNTY will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the MUNICIPALITY by a separate writing. 111111111111111111 IIII 111111 IIII II III 11111 Ell IIII 2726369 10/12/1999 03:42P JA Suki Tsukamoto 2 A nt 11 R n nn n ann Weld County CO "' — 3.2 Development Outside Urban Growth Area. To the extent legally possible the COUNTY will disapprove proposals for Urban Development in areas of the MUNICIPAL NCO Referral Area outside the Urban Growth Area. In reviewing proposals for Non-Urban moo- Development in such areas, the COUNTY will apply its Comprehensive Plan and zoning — and subdivision ordinances, and, where appropriate, the Mixed Use Development Plan. N� o(as 3.3 Development in Urban Growth Area. The following shall apply to o Norm— proposed Development in the Urban Growth Area: (a) Upon receipt of any proposal for Development of property then a — currently eligible for voluntary annexation to the MUNICIPALITY,the COUNTY will, o a in writing, notify the proponent of the opportunity for annexation and notify the C MUNICIPALITY of the proposal. ter — o - (b) The MUNICIPALITY will require extension of sanitary sewer service to property in the Urban Growth Area, subject to its rules and regulations, which Lit o l— 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 MUNICIPALITY'S rules and regulations. MUNICIPALITY agrees to give notice of any proposed change in said rules and regulations to COUNTY 21 days prior to adoption. (c) The MUNICIPALITY provides municipal water service to property within its boundaries, subject to its rules and regulations and to an existing contract with the City of Greeley to treat MUNICIPALITY'S raw water supplies. The MUNICIPALITY will provide water to property in the Urban Growth Area under provisions similar to those indicated above for sewer service. (d) In recognition of the availability of public water and sewer service within the Urban Growth Area as indicated in paragraphs (b) and (c) above, the COUNTY will require public water and sewer service as a condition of approval of any subdivision, rezoning or planned unit development and will not approve such Development until the applicant obtains a written contract for same with the MUNICIPALITY. The execution of 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. (e) The COUNTY will not grant any waiver of current Municipal street standards for any Development without the consent of the MUNICIPALITY. (f) To the extent legally possible, as determined by the COUNTY, the COUNTY will deny proposals for Non-Urban Development in the Urban Growth Area Nothing in this subsection shall restrict the COUNTY from approving, by means of a process such as recorded exemption or subdivision exemption, the isolated partition or division of ownership parcels located in the Urban Growth Area having existing residential improvements served by septic systems, regardless of the size of resulting lots. Nevertheless, the COUNTY will not permit such a concentration of such divisions in any particular area as will frustrate or materially hinder the evolution of genuine Urban Development, as defined in § 2.4 of this Agreement, in the Urban Growth Area. Furthermore, the County shall not be restricted from allowing the expansion of legally existing non-urban uses provided adequate protection for future urban uses is included in any such approval. 3 NNE pa=co- (g) If any MUNICIPALITY recommendation of disapproval of a ro Development proposal is based upon a conflict or incompatibility between proposed s � uses in the Development and anticipated MUNICIPALITY zoning classification for o 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 o mitigation measures to be imposed by the COUNTY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, co— or(iii)that the MUNICIPALITY'S anticipated zoning classification of the property is GNP unreasonable because of existing or planned uses of adjacent property. The CD = MUNICIPALITY shall be given notice of, and may appear and be heard at any o`a hearing or other proceeding at which the COUNTY will consider such issues. C Na '2 (h) The parties anticipate that § 3.3 (e)-(g) will be addressed in more o C= detai if a Mutually Acceptable Plan is considered and adopted for the UGA or the a Municipal Referral Area. or_ al 3.4 Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding Development may impact property outside of each particular jurisdiction. The parties agree that those jurisdictional boundaries will not be the basis for giving any greater or lesser weight to those impacts during the course of deliberations. 3.5 Referrals to County. The MUNICIPALITY will refer proposals for Development which lie within 500 feet of any property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral will include at least a copy of the written Development proposal. The MUNICIPALITY will allow not less than twenty-one (21) days for the COUNTY to review same and furnish its recommendations to MUNICIPALITY. If the COUNTY submits no comment or recommendation, the MUNICIPALITY may assume the COUNTY has no objection to the proposal. If the COUNTY submits recommendations,the MUNICIPALITY will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the COUNTY by a separate writing. Where the Development is proposed as part of an annexation of more than 10 acres, the provisions of this section shall be deemed satisfied by compliance by the MUNICIPALITY with the Notice and Impact Statement provisions of the most current version of the Municipal Annexation Act then in 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 MUNICIPALITY 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 MUNICIPALITY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the MUNICIPALITY'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 MUNICIPALITY will consider such issues. 4. ANNEXATION. 4.1 The MUNICIPALITY will give serious consideration to all petitions for annexation of lands within the Urban Growth Area and will not decline to annex such properties except for good cause. For the purposes of this Section, good cause includes, 4 without limitation, the following: (I)the extension of one or more municipal services to the -•- `a C area would place an unreasonable economic burden on the existing users of such services 7°=� or upon the future residents or owners of property in the area itself; (ii) the area is not O 1 reasonably contiguous in fact to the MUNICIPALITY'S existing boundaries, and its annexation would result in disconnected municipal satellites o,o 0 oEr= 4.2 The MUNICIPALITY will not annex properties located outside the Urban — Growth Area unless such property is both eligible for annexation and is necessary to the = MUNICIPALITY for municipal purposes such as utilities. r_mom 0 y� 4.3 To the extent legally possible, the MUNICIPALITY will annex the full width worm of each COUNTY road right-of-way adjacent to newly annexed property unless such road o CO = serves primarily COUNTY properties rather than existing or newly annexed municipal properties, in which case the MUNICIPALITY will annex none of such COUNTY road right-of-way. — o 4.4 Notwithstanding any provision hereof to the contrary, the MUNICIPALITY is not obligated to annex any property within a Development approved by the County after the execution of this Agreement by both parties which does not conform to the County Urban Growth Standards, unless a waiver or modification of such standards was granted by the COUNTY and approved by the MUNICIPALITY. 4.5 Nothing in this Section 4 shall be construed to limit the MUNICIPALITY from annexing any land within the Urban Growth Area, regardless whether such annexations are involuntary or result in disconnected municipal satellites. 4.6 In determining off-site improvements to be constructed by proponents of in-MUNICIPALITY Development, the MUNICIPALITY will consider identifiable impacts on the COUNTY road system resulting from such Development on the same basis as in- MUNICIPALITY impacts. 5. IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this Agreement, each party will promptly enact and implement such amendments to its existing land use or annexation regulations as may be necessary to give effect to the provisions of Sections 3 and 4. Each party shall have sole and exclusive discretion to determine such measures and any new ones enabling it to perform this Agreement. Each party's land use regulations as referred to herein are ordinances whose amendment requires certain formalities, including notice and public hearings. The mutual covenants in this section and elsewhere to implement this Agreement promptly are given and received with mutual recognition and understanding of the legislative processes involved, and such covenants will be liberally construed in light thereof. 6. MISCELLANEOUS PROVISIONS. 6.1 Severability. Should any one or more sections or paragraphs of this Agreement be judicially determined invalid or unenforceable,such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement,the intention being that the various sections and paragraphs are severable. 6.2 Enforcement. Either party may seek specific performance or enforcement of this Agreement in a Court of competent jurisdiction, but neither party shall have any claim or remedy far 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 5 other except as a breach of this Agreement. This Agreement is not intended to modify the standing the parties may possess independent of this agreement. This Agreement is between the MUNICIPALITY and the COUNTY and no third party rights or beneficiaries exist or are created hereby. 6.3 Termination. This Agreement will continue in effect until June 30, 2000. The parties shall review the Agreement in June, 2000, and in June of each succeeding year to determine if the Agreement should continue in effect for the period of a year thereafter. The parties may terminate this Agreement at any time if a mutually acceptable Comprehensive Land Use Plan for the MUNICIPALITY referral area or growth area is developed and implemented by both parties 6.4 Amendment. Upon the request of either party, this Agreement shall be subject to amendment according to the same procedures as the original adoption (requiring the written consent of the amendment by both parties); provided, however, that changes in the Urban Growth Area defined in § 2.5 herein may occur by resolution of the MUNICIPAL.ITY, to which the COUNTY must concur, when the change is a deletion to the UGA or an addition of property which: (a) was in common ownership and contained within a common legal description with property previously included in the UGA; or (b) directly adjacent to and contiguous with property previously contained within the UGA and capable of being served by MUNICIPAL services, including water or sewer, within a reasonable period of time. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Liwil ,J o��a� Dale K. Hall, Chair ATTEST: / ! �t/`��;! ,I'_„/, �.N Jfr Weld County Clerk tot P:i 2;o . $; By: � °,..4.11-4.1} .6• nu I u lc le 4j Deputy Cler the Boar. � o AS TO FORM: L l 2 o � Attorney MID 11111111111 Ell 111111 IIII 1111111 III 111111111 IIII 2726369 10/12/1999 03:42P JA Suki Tsukamolo 8 of 11 R 0.00 D 0.00 Weld County CO 6 CITY OF EVANS, COLORADO By Mike Cooper, Mayor ATTEST Kim Betz, City Clerk IIIIIIIVIIIIIIIIIIII' 111111II'IIIIIIII III VIIIIIIIIIII 2726369 10/12/1999 03:42P JA Suki Tsukamoto 9 of 11 R 0.00 D 0.00 Weld County CO 7 46.111.111111.111111,- •••m N Z I,9MLI'6&L c C' 1\V-IddINO9\ND JN0JNIJNjV''l,, d lJ K W \ V T'N'T+ W9X3d J k= \ V n s 1 .. + 2 ► �n � -� f' ;a •• ::„..,7„,2,77,,,,,,,,::,-:,',,,,, { c= a ",�y°"� r°. � � s.► � � ,,Li. z vim. z � , + � II iL' i ti z 2, � z 2, z :... •• " eX a€ z n ? z 1L wrrrw wr w► t t * O t ■ i O ■ t v m U 1 ' 31NJAV 1411-1, ; •; �\ 1 1 a ll .I,i li ii '... 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