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Home My WebLink About960318.tiff °c2/o�/h(0 4944 ORDINANCE NO. 187 IN THE MATTER OF THE ADOPTION OF AN INTERIM COORDINATED PLANNING AGREEMENT WITH THE TOWN OF PLATTEVILLE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority 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. 960318 ORD187 2-Cc '6f(a RE: ORDINANCE NO. 187 PAGE 2 The above and foregoing Ordinance Number 187 was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara J. Kirkmeyer, Chair Weld County Clerk to the Board George E. Baxter, Pro-Tern BY: Deputy Clerk to the Board Dale K. Hall APPROVED AS TO FORM: Constance L. Harbert County Attorney W. H. Webster First Reading: November 13, 1995 Publication: November 16, 1995, in North Weld Herald Second Reading: November 27, 1995 Publication: December 6, 1995, in Platteville Herald Continuance of Second Reading: December 11, 1995 Publication of Notice for January 22, 1996, hearing: January 10, 1996, in Platteville Herald, and January 11, 1996, in North Weld Herald Continuance of Second Reading: January 22, 1996 Publication of Notice for February 5, 1996, hearing: January 31, 1996, in Platteville Herald Continuance of Second Reading: February 5, 1996 Publication: February 8, 1996, in North Weld Herald Final Reading: February 21, 1996 Publication: February 29, 1996, in North Weld Herald Effective: March 5, 1996 ORD18/ INTERIM COORDINATED PLANNING AGREEMENT This Interim Coordinated Planning Agreement is made and entered into effective as of , 1996, between the Board of County Commissioners of the County of Weld, State of Colorado, hereinafter called the "COUNTY," and the Town of Platteville, a Colorado Municipal corporation, hereinafter called the "TOWN." RECITALS A. The COUNTY exercises governmental authority regulating land use, growth and development in its unincorporated areas, which areas include lands surrounding the TOWN; and B. The TOWN exercises governmental authority over the same matters within its municipal boundaries, and annexations, and is able to provide municipal services and facilities for efficient and desirable urban development; and C. In Title 29, Article 20, Colorado Revised Statutes, the General Assembly of the State of Colorado has granted broad authority to local governments to plan for and regulate the development and use of land within their respective jurisdictions; and D. In said Title 29, Article 20, Colorado Revised Statutes, the General Assembly has further authorized and encouraged local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers; and E. Existing and anticipated pressures for growth and development in areas surrounding the TOWN indicate that the joint and coordinated exercise by the COUNTY and the TOWN of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this agreement. NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein set forth, the parties agree as follows: 1. PURPOSES AND OBJECTIVES. The purpose of this Agreement is to establish procedures and standards pursuant to which the parties will move toward greater coordination in the exercise of their land use and related regulatory powers within unincorporated areas surrounding the TOWN. The objectives of such efforts are to accomplish the type of development in such areas which best protects the health, safety, prosperity, and general welfare of the inhabitants thereof by reducing the waste of physical, financial, and human resources which result from either excessive congestion or excessive scattering of population, and to achieve maximum efficiency and economy in the process of development. 2. DEFINITIONS. For the purposes of this Agreement the following terms shall be defined as set forth herein: 2.1 Development. Any land use requiring regulatory approval by elected officials, except for amended plats, and down-zoning. ' •r•• 8 960318 2.2 Non-Urban Development. Land uses which typically do not require municipal services such as central water and sewer systems, road networks, park and recreation services, storm drainage, and the like, and which are generally considered to be rural in nature, expressly including land used or capable of being used for agricultural production. 2.3 Platteville Planning Area. The area located outside of but within three miles of the TOWN's municipal boundaries. 2.4 Urban Development. Development which is characterized by development density typical to urbanized areas and requires for its support services such as central water and sewer systems, road networks, park and recreation facilities and pro-grams, storm drainage, and other similar services which are typically furnished by municipalities. Urban Development does not include residential areas being planned for individual lots or parcels whose net acreage meets or exceeds two and one-half(2%) acres. 2.5 The Urban Growth Area is hereby established and shall consist of all lands in Sections 7, 18, 19 (except that portion of Section 19 west of the east bank of the South Platte River) and the N% of Section 30 (except that portion of the N% of Section 30 in the intermediate regional floodplain as shown on the Weld County Flood Hazard Overlay District Zoning maps, Panel 0802660860C), in Township 3 North, Range 66 West of the 6th P.M., and Sections 12, 13, and 24 (except that portion of Section 24 west of the east bank of the South Platte River); in Township 3 North, Range 67 West of the 6th P.M., all in Weld County, Colorado, EXCEPTING those lands located within the TOWN's municipal boundaries. 3. DEVELOPMENT OF PLATTEVILLE AREA LAND USE PLAN. 3.1 Promptly upon the execution of this Agreement the parties will begin good faith negotiations to develop a comprehensive development plan authorized by Section 29-20-105 C.R.S. and herein called the "Plan." Such Plan will govern all land use decisions in the Platteville Planning Area and will contain inter alia (i) specific land use standards for the Urban Growth Area as defined in 2.5 above, (H) procedures for COUNTY coordination with the TOWN in its review and approval process for proposed Development in the Platteville Planning Area, and (iii) procedures and guidelines relating to the annexation of lands within the Platteville Planning Area, all for the achievement of the purposes stated in Section 1 above. 3.2 It is anticipated that land use regulations applicable to the Urban Growth Area will include without limitation regulations addressing the phasing of development, zoning and subdivision regulations, environmental and landscaping controls, development impact fees, specifications for the design and construction of public improvements, and requirements regarding the extension of streets, storm drainage and TOWN water and sewer utility systems. 3.3 The parties intend to develop the Plan in sufficient time for its adoption by both of them not later than September 1, 1996. Concurrently with such adoption, the parties will amend their respective land use and other regulations in such particulars as will authorize and enable each of them to achieve the purposes, intent, and effect of the Plan, and to administer and enforce the same within their respective jurisdictions. 4. INTERIM PLANNING COORDINATION. This Agreement is intended to be an interim Comprehensive Development Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2). Following the execution of this Agreement by both parties, COUNTY Development approvals in the Platteville Planning Area will be processed and determined in accordance with the following: 4.1 Referral. The COUNTY will refer all proposals for Development to the TOWN for its review and recommendation. Such referral will include at least a copy of the written Development proposal and preliminary COUNTY staff summary of the case. The COUNTY will allow not less than twenty-one (21) days for the TOWN to review same and furnish its recommendations to COUNTY staff prior to formulation of the COUNTY staff recommendation. If the TOWN does not respond within such time, COUNTY staff may proceed with its recommendation, but any TOWN comments or recommendation received on or before the Thursday next preceding the meeting of the Board of County Commissioners or Planning Commission at which the matter will be considered will be transmitted to the Board or Commission. If the TOWN submits no comment or recommendation the COUNTY may assume it has no objection to the proposal. If the TOWN submits recommendations, the COUNTY will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the TOWN by a separate writing. 4.2 Development Outside Urban Growth Area. To the extent legally possible the COUNTY will disapprove proposals for Urban Development in areas of the Platteville • Planning Area outside the Urban Growth Area. In reviewing proposals for Non-Urban Development in such areas, the COUNTY will apply its Comprehensive Plan and zoning and subdivision ordinances. This section shall not require disapproval of a recorded exemption solely because the smaller parcel is less than two and one-half(2'A) acres in size. 4.3 Development in Urban Growth Area. The following shall apply to proposed Development in the Urban Growth Area: (a) Upon receipt of any proposal for Development of property then currently eligible for voluntary annexation to the TOWN, the COUNTY will, in writing, notify the proponent of the opportunity for annexation and notify the TOWN of the proposal. (b) An essential purpose of this Agreement is to ensure that Urban Development occur only within Town limits or in areas which will be annexed to the Town in the near future. Therefore, as a condition of approval of any rezoning, use by special review for commercial or industrial uses pursuant to § 31.4.18 of the Weld County Zoning Ordinance#89, as amended or renumbered (Exhibit "A"), planned unit development, or subdivision, the COUNTY will require a binding annexation agreement between the applicant and the TOWN which requires the owners to annex the property to the TOWN upon the terms and conditions stated in the Agreement. No such agreement shall be required in the case of a recorded exemption or subdivision exemption or a use by special review for oil and gas wells. (c) The TOWN will extend its sanitary sewer service to property in the Urban Growth Area, subject to its rules and regulations, which include provisions requiring a written contract for extraterritorial service and the construction of new mains and other facilities necessary to serve the property with costs assessed in accordance with the TOWN'S rules and regulations. TOWN agrees to give notice of any proposed change in said rules and regulations to COUNTY 21 days prior to adoption. 01318 960318 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 fade evidence of the availability of municipal water and sewer service within the meaning of§32-1-203(2.5)(a), C.R.S. (f) The COUNTY will not grant any waiver of current TOWN street standards for any Development without the consent of the TOWN. (g) To the extent legally possible, as determined by the COUNTY, the COUNTY will deny proposals for Non-Urban Development in the Urban Growth Area. Nothing in this subsection shall restrict the COUNTY from approving, by means of a process such as recorded exemption or subdivision exemption, the isolated partition or division of ownership parcels located in the Urban Growth Area having existing residential improvements served by septic systems, regardless of the size of resulting lots. Nevertheless, the COUNTY will not permit such a concentration of such divisions in any particular area as will frustrate or materially hinder the evolution of genuine Urban Development, as defined in § 2.4 of this Agreement, in the Urban Growth Area. (h) If any TOWN recommendation of disapproval of a Development proposal is based upon a conflict or incompatibility between proposed uses in the Development and anticipated TOWN zoning classification for the property, the COUNTY will not approve same unless the applicant demonstrates (i) that no such conflict or incompatibility will reasonably occur, (ii) that suitable mitigation measures to be imposed by the COUNTY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the TOWN'S anticipated zoning classification of the property is unreasonable because of existing or planned uses of adjacent property. The TOWN shall be given notice of, and may appear and be heard at any hearing or other proceeding at which the COUNTY will consider such issues. (i) The parties anticipate that¶4.3 (f)-(h)will be addressed in more detail when the Plan is adopted. • 4.4 Mutuality of Impact Consideration. In considering proposals for Development near or adjacent to the TOWN's boundaries, the party having jurisdiction will consider the impacts of the Development upon property subject to the jurisdiction of the other party on the same basis as it would consider those impacts upon property subject to its jurisdiction in determining compatibility with existing and planned land uses in the vicinity of the proposal. 4.5 Referrals to County. The TOWN will refer proposals for Development which lie within 500 feet of any property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral will include at least a copy of the written Development proposal. The TOWN will allow not less than twenty-one (21) days for the COUNTY to review same and furnish its recommendations to TOWN. If the COUNTY submits no comment or recommendation the TOWN may assume it has no objection to the proposal. If the COUNTY submits recommendations, the TOWN will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the COUNTY by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation, the provisions of this section shall be deemed satisfied by compliance by the TOWN with the Notice and impact statement provisions of the most current version of the Municipal Annexation Act then in effect. If any COUNTY recommendation of disapproval of a Development proposal within 500 feet of any property in unincorporated Weld County is based upon a conflict or incompatibility between proposed uses in the Development and existing or anticipated zoning classification for the property, the TOWN will not approve same unless the applicant demonstrates (i) that no such conflict or incompatibility will reasonably occur, (ii) that suitable mitigation measures to be imposed by the TOWN as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the TOWN's anticipated zoning classification of the property is unreasonable because of existing or planned uses of adjacent property. The COUNTY shall be given notice of, and may appear and be heard at any hearing or other proceeding at which the TOWN will consider such issues. 5. ANNEXATION. 5.1 The TOWN will give serious consideration to all petitions for annexation of lands within the Urban Growth Area and will not decline to annex such properties except for good cause. For the purposes of this Section, good cause includes without limitation the following: (i) the extension of one or more municipal services to the area would place an unreasonable economic burden on the existing users of such services or upon the future residents or owners of property in the area itself; (ii)the area is not reasonably contiguous in fact to the TOWN's existing boundaries, and its annexation would result in disconnected municipal satellites. 5.2 The TOWN will not annex properties located outside the Urban Growth Area unless such property is both eligible for annexation and is desired by the TOWN for municipal purposes. 5.3 To the extent legally possible the TOWN will annex the full width of each COUNTY road right of way adjacent to newly annexed property unless such road serves primarily COUNTY properties rather than existing or newly annexed TOWN properties, in which case the TOWN will annex none of such COUNTY road right of way. 960318 5 ORD187 5.4 Notwithstanding any provision hereof to the contrary, the TOWN is not obligated to annex any property within a Development approved by the County after the execution of this Agreement by both parties which does not conform to the County Urban Growth Standards, unless a waiver or modification of such standards was granted by the COUNTY and approved by the TOWN. 5.5 Nothing in this Section 5 shall be construed to limit the TOWN from annexing any land within the Urban Growth Area, regardless whether such annexations are involuntary or result in disconnected municipal satellites. 5.6 In determining off-site improvements to be constructed by proponents of in-TOWN Development, the TOWN will consider identifiable impacts on the COUNTY road system resulting from such Development on the same basis as in-TOWN impacts. 6. DEVELOPMENT FEES. As part of any plan, the parties will establish a schedule of development fees to be assessed both in those portions of the Platteville Planning Area which it is expected will be annexed to the TOWN and those areas thereof which will remain within the COUNTY. The parties will avoid duplication of development fees to be assessed to property within the Urban Growth Area. 7. IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this Agreement each party will promptly enact and implement such amendments to its existing land use or annexation regulations as may be necessary to give effect to the provisions of Sections 4, 5 and 6 above. Each party shall have sole and exclusive discretion to determine such measures and any new ones enabling it to perform this Agreement. Each party's land use regulations as referred to herein are ordinances whose amendment requires certain formalities, including notice and public hearings. The mutual covenants in this section and elsewhere to implement this Agreement promptly are given and received with mutual recognition and understanding of the legislative processes involved, and such covenants will be liberally construed in light thereof. 8. MISCELLANEOUS PROVISIONS. 8.1 Severability. Should any one or more sections or paragraphs of this Agreement be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various sections and paragraphs are severable. 8.2 Enforcement. Either party may seek specific performance or enforcement of this Agreement in a Court of competent jurisdiction, but neither party shall have any claim or remedy for damages arising from an alleged breach hereof against the other, nor shall this agreement confer on either part standing to contest a land use decision or action of the other except as a breach of this agreement. This agreement is not intended to modify the standing the parties may possess independent of this agreement. This Agreement is between the TOWN and the COUNTY and no third party rights or beneficiaries exist or are created hereby. 8.3 Termination. This Agreement will continue in effect until the Plan is developed and implemented by both parties. Notwithstanding the foregoing, however, either party may terminate this Agreement by giving written notice thereof to the other. 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: Barbara J. Kirkmeyer, Chair ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board TOWN OF PLATTEVILLE, COLORADO By: Gary Homyak, Mayor ATTEST: By: Rosa M. Miller, Town Clerk • 960318 nnn+o7 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. � . rr tet EXHIBIT NTERIOR 'EY �7 J 5064/V SE REEL. 513 5l4 5O�R. 67 W. R.66 W. 515 (MILLIKENI FE ram s.a m;. 517 I 1ret 6 0 —=BG 4]RR 1r ee plIna II \ II 7' 4]66 /C 1:. /W5 • d 111 94 II A y%F I j \ Bt o 4S3 4166 � � I \ ate tTo80� V ^0 4 no /_ A 41sz� A 8 12i/ �\ 4]se$7BJ 416/ als/s 4]60 7 i - �� V � � L .6 cQp/ 4 1 ', VV� p 1 o no ----4L1 I:,,\° N d !1 C. / LIw 479 �°� � \ o f1 N-1 \-also i 460/ l nnn 800 /b 1 4:./ e24 so 475ll '9 ls, :♦ o o 0Cc ' ��; II�� 419 _ . kJ ': 11 iI ' ♦ II O CO I -�� xy923� t Well A I I s o � 1 �• f u 24 / •• / '\\\ , , I 821 ou III 7 I I .� 419— 0r� 1• \\ w 1 v p QIll II' ti �� \ oe• 4800 aIII /,p, r1;\I►►'� 6p0 ;4 , O O q \t �� ® (48/I 1s. e t 30-/i`� �� 29 - - .- - slle of que p,�(�,E 2 01� Fort Ve9puez l'Pv I'S 6a " II it o II V 46/2 II I� /'/ P / -��1 \\ 960318 ORD187 EXHIBITS B AND C ARE PHOTOS PLEASE SEE ORIGINAL FILE EXHIBIT iD nw,d,phd in ORDINANCE NO. 187 IN THE MATTER OF THE ADOPTION OF AN INTERIM COORDINATED PLANNING AGREEMENT WITH THE TOWN OF PLATTEVILLE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Title 29, Article 20, Colorado Revised Statutes, authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers, and WHEREAS, existing and anticipated pressures for growth and development in areas surrounding the TOWN indicate that the joint and coordinated exercise by the COUNTY and the TOWN of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this ordinance, and WHEREAS, the Weld County Comprehensive Plan, as recently amended, contemplates the creation of such agreements, and WHEREAS, the attached Interim Coordinated Planning Agreement has been considered and approved by the Town of Platteville. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the County of Weld, State of Colorado, that the attached Interim Coordinated Planning Agreement with the Town of Platteville which shall be incorporated by this reference, is and shall be approved. BE IT FURTHER ORDAINED by the Board that the Chairman is authorized to sign the attached Interim Coordinated Planning Agreement. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 960318 1-16-96 w/proposed O&G.change- ORD187 The above and foregoing Ordinance Number 187 was, on motion duly made and seconded, adopted by the following vote on the * day of* , A.D., 199 * BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara J. Kirkmeyer, Chair Weld County Clerk to the Board George E. Baxter, Pro-Tern BY: Deputy Clerk to the Board Dale K. Hall APPROVED AS TO FORM: Constance L. Harbert County Attorney W. H. Webster First Reading: November 13, 1995 Publication: November 16, 1995, in North Weld Herald Second Reading: November 27, 1995 Publication: December 6, 1995, in Platteville Herald Continuance of Second Reading: December 11, 1995 Notice for January 22, 1996, hearing publication: January 10, 1996, in Platteville Herald, and January 11, 1996, in North Weld Herald Continuance of Second Reading: January 22, 1996 Publication: January 25, 1996, in North Weld Herald Final Reading: February 5, 1996 Publication: February 8, 1996, in North Weld Herald Effective: February 13, 1996 960318 1-16-96 w/proposed O&G'-change- 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: 960318 1-16-96 w/proposed O&G change- 1 ORD187 2.1 Development. Any land use requiring 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 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 ('/z) 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 960318 1-16-96 w/proposed O&G. change- 2 ORD187 • 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: 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 1-16-96 w/proposed O&G change- 3 960318 ORD187 exemption or subdivision exemption or a use by special review for oil and gas wells which may be rcquircd pursuant to § 4.4 of this Agrccmcnt. (c) The TOWN will extend its sanitary sewer service to property in the Urban Growth Area, subject to its rules and regulations, which include provisions requiring a written contract for extraterritorial service and the construction of new mains and other facilities necessary to serve the property with costs assessed in accordance with the TOWN'S rules and regulations. TOWN agrees to give notice of any proposed change in said rules and regulations to COUNTY 21 days prior to adoption. (d) The TOWN provides municipal water service to property within its boundaries, subject to its rules and regulations, which contain provisions similar to those indicated abovekr sewer service. Water furnished by the TOWN is received from Central Weld County Water District ("Central Weld") under a Water Service Agreement dated April 14, 1994. All TOWN service is subject to the said contract which, inter alia, prohibits the TOWN from serving outside its boundaries or outside the boundaries of the Northern Colorado Water Conservancy District. Water service is currently available directly from Central Weld in portions of the Urban Growth Area, subject to Central Weld's rules and regulations. Contemporaneously with the development of the Plan, the TOWN will negotiate in good faith with Central Weld to explore ways in which the extension of water service outside TOWN boundaries, particularly in areas not presently included in Central Weld, can be coordinated so as to achieve the purposes stated in Section 1 above while still recognizing the rights and obligations of Central Weld and its constituents. (e) In recognition of the availability of public water and sewer service within the Urban Growth Area as indicated in paragraphs (c) and (d) above, the COUNTY will require public water and sewer service as a condition of approval of any subdivision, rezoning or planned unit development and will not approve such Development until the applicant obtains a written contract for same with the TOWN, or water service from Central Weld if the TOWN cannot provide water. This Agreement shall be prima 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 1-16-96 w/proposed O&G change- 4 960318 ORD187 hinder the evolution of genuine Urban Development, as defined in § 2.4 of this Agreement, in the Urban Growth Area. (h) If any TOWN recommendation of disapproval of a Development proposal is based upon a conflict or incompatibility between proposed uses in the Development and anticipated TOWN zoning classification for the property, the COUNTY will not approve same unless the applicant demonstrates (i) that no such conflict or incompatibility will reasonably occur, (ii)that suitable mitigation measures to be imposed by the COUNTY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the TOWN'S anticipated zoning classification of the property is unreasonable because of existing or planned uses of adjacent property. The TOWN shall be given notice of, and may appear and be heard at any hearing or other proceeding at which the COUNTY will consider such issues. (i) The parties anticipate that ¶4.3 (f)-(h) will be addressed in more detail when the Plan is adopted. 44 (j) Oil & Gas Overlay Zone. Certain areas within the Urban Growth Area described below arc deemed by the TOWN as the most likely areas for residential Urban Growth Area as an overlay zone in which a use by special review-is-required ( i )The County and Town agree that, pursuant to the refs I-provisions of this Agreement, the County will refer to the Town any oil and gas drilling application which it receives pursuant to the Oil and Gas.Commission's ("OGCC") local government designee notification process for drillsites;proposedto.be located within the Urban Growth Area. Upon a timely request from the Town to the County, the County will arrange for an onsite consultation,to include the Town's representative, with the oil and gas applicant pursuant to OGCC Rule 802(c). • • • (ii) Notice of proposed surface DEVELOPMENT within the UGA 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. ( iii) No portion of this Agreement shall.be construed:to create.a=requirement of "regulatory approval " (as used in § 2.1 of this Agreement) of{oihand.ge"fillino 1-16-96 w/proposed O&G change- 5 960318 ORD187 activities by either the Town:or.Courtty,where no such requirement currently exists irt County,or:Town:ordinancescnortshall this Agreementbe interpreted to obligate Town or County to require regulatory approval. 4.54 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. 4.65 Referrals to County. The TOWN will refer proposals for Development which lie within 500 feet of any property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral will include at least a copy of the written Development proposal. The TOWN will allow not less than twenty-one (21) days for the COUNTY to review same and furnish its recommendations to TOWN. If the COUNTY submits no comment or recommendation the TOWN may assume it has no objection to the proposal. If the COUNTY submits recommendations, the TOWN will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the COUNTY by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation, the provisions of this section shall be deemed satisfied by compliance by the TOWN with the Notice and impact statement provisions of the most current version of the Municipal Annexation Act then in effect. If any COUNTY recommendation of disapproval of a Development proposal within 500 feet of any property in unincorporated Weld County is based upon a conflict or incompatibility between proposed uses in the Development and existing or anticipated zoning classification for the property, the TOWN will not approve same unless the applicant demonstrates (i) that no such conflict or incompatibility will reasonably occur, (ii) that suitable mitigation measures to be imposed by the TOWN as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the TOWN's anticipated zoning classification of the property is unreasonable because of existing or planned uses of adjacent property. The COUNTY shall be given notice of, and may appear and be heard at any hearing or other proceeding at which the TOWN will consider such issues. 5. ANNEXATION. 5.1 The TOWN will give serious consideration to all petitions for annexation of lands within the Urban Growth Area and will not decline to annex such properties except for good cause. For the purposes of this Section, good cause includes without limitation the following: (i) the extension of one or more municipal services to the area would place an unreasonable economic burden on the existing users of such services or upon the future residents or owners of property in the area itself; (ii) the area is not reasonably contiguous in fact to the TOWN's existing boundaries, and its annexation would result in disconnected municipal satellites. 5.2 The TOWN will not annex properties located outside the Urban Growth Area unless such property is both eligible for annexation and is desired by the TOWN for municipal purposes. 960318 1-16-96 w/proposed O&G change- 6 ORD187 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. 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 960318 1-16-96..w/proposed O&G change- 7 ORD187 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 960318 1-16-96 w/proposed O&G change- 8 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. 1-16-96 w/proposed O&G change- 9 960318 ORD187 EXHIBIT 0116(187 ORDINANCE NO. 187 IN THE MATTER OF THE ADOPTION OF AN INTERIM COORDINATED PLANNING AGREEMENT WITH THE TOWN OF PLATTEVILLE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,Title 29, Article 20, Colorado Revised Statutes, authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers, and WHEREAS, existing and anticipated pressures for growth and development in areas surrounding the TOWN indicate that the joint and coordinated exercise by the COUNTY and the TOWN of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this ordinance, and WHEREAS, the Weld County Comprehensive Plan, as recently amended, contemplates the creation of such agreements, and WHEREAS, the attached Interim Coordinated Planning Agreement has been considered and approved by the Town of Platteville. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the County of Weld, State of Colorado, that the attached Interim Coordinated Planning Agreement with the Town of Platteville which shall be incorporated by this reference, is and shall be approved. BE IT FURTHER ORDAINED by the Board that the Chairman is authorized to sign the attached Interim Coordinated Planning Agreement. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. n606 Wrxrvmosen,iAn yr crwtrae 960318 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 * day of , A.D., 199 * . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara J. Kirkmeyer, Chair Weld County Clerk to the Board George E. Baxter, Pro-Tem BY: Deputy Clerk to the Board Dale K. Hall APPROVED AS TO FORM: Constance L. Harbert County Attorney W. H. Webster First Reading: November 13, 1995 Publication: November 16, 1995, in North Weld Herald Second Reading: November 27, 1995 Publication: December 6, 1995, in Platteville Herald Continuance of Second Reading: December 11, 1995 Notice for January 22, 1996, hearing publication: January 10, 1996, in Platteville Herald, and January 11, 1996, in North Weld Herald Continuance of Second Reading: January 22, 1996 Publication: January 25, 1996, in North Weld Herald Final Reading: February 5, 1996 Publication: February 8, 1996, in North Weld Herald Effective: February 13, 1996 aaf +l�s wli'°s v#4rrWiu cxnea4 960318 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. 1 960318 ORD187 aWci1/Se WI/OPUSED P4ArtrilLLE GNANaM 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 ont-half ('.4) of one acre two and erne-half(2%z) acres.--' " tAst Or- 2.5 The Urban Growth Area is hereby established and shall consist of all U lands in Sections 7, 18, 10 and fexcepf that port€on of Section 1t?west of the east bank of the South Platte Riven and€he N1i of Section 50 In the intermediate regional)ffoodplain a shown on WeltCounty Rood Hazard Overlay Diatriot Zor ing maps=Parcel p$02650860Q in Township 3 North, Range 66 West of the 6th P.M., and Sections 12, 13, and 24, (except chat portion of Section 24 west of fI a east bantc of the South Platte Riven, 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 septeber 1, 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. 960318 oRD187 02/01/96 w/PRORO.wEo PLATIEVILLE CHANGE 2 4. INTERIM PLANNING COORDINATION. This Agreement is intended to be an interim Comprehensive Development Plan adopted and implemented pursuant to C.R.S. § 29-20- 105(2). Following the execution of this Agreement by both parties, COUNTY Development approvals in the Platteville Planning Area will be processed and determined in accordance with the following: 4.1 Referral. The COUNTY will refer all proposals for Development to the TOWN for its review and recommendation. Such referral will include at least a copy of the written Development proposal and preliminary COUNTY staff summary of the case. The COUNTY will allow not less than twenty-one (21) days for the TOWN to review same and furnish its recommendations to COUNTY staff prior to formulation of the COUNTY staff recommendation. If the TOWN does not respond within such time, COUNTY staff may proceed with its recommendation, but any TOWN comments or recommendation received on or before the Thursday next preceding the meeting of the Board of County Commissioners or Planning Commission at which the matter will be considered will be transmitted to the Board or Commission. If the TOWN submits no comment or recommendation the COUNTY may assume it has no objection to the proposal. If the TOWN submits recommendations, the COUNTY will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the TOWN by a separate writing. 4.2 Development Outside Urban Growth Area. To the extent legally possible the COUNTY will disapprove proposals for Urban Development in areas of the Platteville Planning Area outside the Urban Growth Area. In reviewing proposals for Non- Urban Development in such areas, the COUNTY will apply its Comprehensive Plan and zoning and subdivision ordinances. 4.3 Development in Urban Growth Area. The following shall apply to proposed Development in the Urban Growth Area: (a) Upon receipt of any proposal for Development of property then currently eligible for voluntary annexation to the TOWN, the COUNTY will, in writing, notify the proponent of the opportunity for annexation and notify the TOWN of the proposal. (b) An essential purpose of this Agreement is to ensure that Urban Development occur only within Town limits or in areas which will be annexed to the Town in the near future. Therefore, as a condition of approval of any rezoning, use by special review for commercial or industrial uses pursuant to § 31.4.18 of the Weld County Zoning Ordinance #89, as amended or renumbered (Exhibit "A"), planned unit development, or subdivision, the COUNTY will require a binding annexation agreement between the applicant and the TOWN which requires the owners to annex the property to the TOWN upon the terms and conditions stated in the Agreement. No such agreement shall be required in the case of a recorded exemption or subdivision exemption or a use by special review for oil and gas welts. ;which may be ucquiled put sum it to § 4.4 of tlds AgieGment. ................: 960318 02101{ge wfrieorosto t'+inviva CHANGE 3 ORD187 (c) The TOWN will extend its sanitary sewer service to property in the Urban Growth Area, subject to its rules and regulations, which include provisions requiring a written contract for extraterritorial service and the construction of new mains and other facilities necessary to serve the property with costs assessed in accordance with the TOWN'S rules and regulations. TOWN agrees to give notice of any proposed change in said rules and regulations to COUNTY 21 days prior to adoption. (d) The TOWN provides municipal water service to property within its boundaries, subject to its rules and regulations, which contain provisions similar to those indicated above for sewer service. Water furnished by the TOWN is received from Central Weld County Water District ("Central Weld") under a Water Service Agreement dated April 14, 1994. All TOWN service is subject to the said contract which, inter alia, prohibits the TOWN from serving outside its boundaries or outside the boundaries of the Northern Colorado Water Conservancy District. Water service is currently available directly from Central Weld in portions of the Urban Growth Area, subject to Central Weld's rules and regulations. Contemporaneously with the development of the Plan, the TOWN will negotiate in good faith with Central Weld to explore ways in which the extension of water service outside TOWN boundaries, particularly in areas not presently included in Central Weld, can be coordinated so as to achieve the purposes stated in Section 1 above while still recognizing the rights and obligations of Central Weld and its constituents. (e) In recognition of the availability of public water and sewer service within the Urban Growth Area as indicated in paragraphs (c) and (d) above, the COUNTY will require public water and sewer service as a condition of approval of any subdivision, rezoning or planned unit development and will not approve such Development until the applicant obtains a written contract for same with the TOWN, or water service from Central Weld if the TOWN cannot provide water. This Agreement shall be prima 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. y6 i18 02/O1/ge w/r oPosr:n&arrzvrest cH+NGE 4 ORD187 (h) If any TOWN recommendation of disapproval of a Development proposal is based upon a conflict or incompatibility between proposed uses in the Development and anticipated TOWN zoning classification for the property, the COUNTY will not approve same unless the applicant demonstrates (i) that no such conflict or incompatibility will reasonably occur, (ii) that suitable mitigation measures to be imposed by the COUNTY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the TOWN'S anticipated zoning classification of the property is unreasonable because of existing or planned uses of adjacent property. The TOWN shall be given notice of, and may appear and be heard at any hearing or other proceeding at which the COUNTY will consider such issues. (i) The parties anticipate that¶4.3 (f)-(h) will be addressed in more detail when the Plan is adopted. tfeauiibcd Leluw ate dccmcJ by tlic TOWN as tLa must likely a,ca a fur residential land promptly designate the following desu ibed areas within the Urbarr Growth-Area-as-an overlay zone in which a use by special review is required for th well.and construction of apourtei cant facilities., (t)The 'ouoty ands own aQ a that ., :, Comma aSkni'S (`C��3CC lQ.al wuvcithusti;t de`s To ff to tl,e G� u,itq tint'C ,ui+tq&ll aran a f:ural;pill S,tc consuttativat, k, ,I1Uth.M thee; Tie West one-half (W1) of Sections 10 and 19, ill Township 3 PTM., and the Eaat o.Ie-Leif (CM of Seutio„s 13 and 24, and tl a Noltl,eaet ogle-qua,tc, (NE'/) of Section 25, in Township 3 Nun Eli, Range G7 West of the Gti, P.M., Weld County, Coloiado. provided lessees and owners of oil and gas interests so-that-surface DEVELOPMENT call be pla„ueJ and designed to cunsiJe, cune,d and future uii and gas drilling activity to the extent oil and gas development-carrber anticipated f (II No ooruon'of this Aar errs shall be construe o Create a requirement of. "reaulatcru ar�oroval" tas u' din&21 of this Agre enfl of oil acid pas drilfinq activities by eith r the T ar County where n uc re quire ent currently exists to County or Town ordthan s nor this reemen i tect to oblige#e Town orCounty requtr r t3rapp al. 960318 oeroris8 wfraancrstn Ptarr wru.E CHANGE 5 ORD187 4.54 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. 4.65 Referrals to County. The TOWN will refer proposals for Development which lie within 500 feet of any property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral will include at least a copy of the written Development proposal. The TOWN will allow not less than twenty-one (21) days for the COUNTY to review same and furnish its recommendations to TOWN. If the COUNTY submits no comment or recommendation the TOWN may assume it has no objection to the proposal. If the COUNTY submits recommendations, the TOWN will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the COUNTY by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation, the provisions of this section shall be deemed satisfied by compliance by the TOWN with the Notice and impact statement provisions of the most current version of the Municipal Annexation Act then in effect. If any COUNTY recommendation of disapproval of a Development proposal within 500 feet of any property in unincorporated Weld County is based upon a conflict or incompatibility between proposed uses in the Development and existing or anticipated zoning classification for the property, the TOWN will not approve same unless the applicant demonstrates (i) that no such conflict or incompatibility will reasonably occur, (ii) that suitable mitigation measures to be imposed by the TOWN as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) that the TOWN's anticipated zoning classification of the property is unreasonable because of existing or planned uses of adjacent property. The COUNTY shall be given notice of, and may appear and be heard at any hearing or other proceeding at which the TOWN will consider such issues. 5. ANNEXATION. 5.1 The TOWN will give serious consideration to all petitions for annexation of lands within the Urban Growth Area and will not decline to annex such properties except for good cause. For the purposes of this Section, good cause includes without limitation the following: (i) the extension of one or more municipal services to the area would place an unreasonable economic burden on the existing users of such services or upon the future residents or owners of property in the area itself; (ii) the area is not reasonably contiguous in fact to the TOWN's existing boundaries, and its annexation would result in disconnected municipal satellites. 5.2 The TOWN will not annex properties located outside the Urban Growth Area unless such property is both eligible for annexation and is desired by the TOWN for municipal purposes. 5.3 To the extent legally possible the TOWN will annex the full width of each COUNTY road right of way adjacent to newly annexed property unless such road serves primarily COUNTY properties rather than existing or newly annexed TOWN properties, in which case the TOWN will annex none of such COUNTY road right of way. 60318 cwo,v9e i4VPOOPOSE0 Ptarr wu E esnxcat 6 ORD187 5.4 Notwithstanding any provision hereof to the contrary, the TOWN is not obligated to annex any property within a Development approved by the County after the execution of this Agreement by both parties which does not conform to the County Urban Growth Standards, unless a waiver or modification of such standards was granted by the COUNTY and approved by the TOWN. 5.5 Nothing in this Section 5 shall be construed to limit the TOWN from annexing any land within the Urban Growth Area, regardless whether such annexations are involuntary or result in disconnected municipal satellites. 5.6 In determining off-site improvements to be constructed by proponents of in-TOWN Development, the TOWN will consider identifiable impacts on the COUNTY road system resulting from such Development on the same basis as in-TOWN impacts. 6. DEVELOPMENT FEES. As part of any plan, the parties will establish a schedule of development fees to be assessed both in those portions of the Platteville Planning Area which it is expected will be annexed to the TOWN and those areas thereof which will remain within the COUNTY. The parties will avoid duplication of development fees to be assessed to property within the Urban Growth Area. 7. IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this Agreement each party will promptly enact and implement such amendments to its existing land use or annexation regulations as may be necessary to give effect to the provisions of Sections 4, 5 and 6 above. Each party shall have sole and exclusive discretion to determine such measures and any new ones enabling it to perform this Agreement. Each party's land use regulations as referred to herein are ordinances whose amendment requires certain formalities, including notice and public hearings. The mutual covenants in this section and elsewhere to implement this Agreement promptly are given and received with mutual recognition and understanding of the legislative processes involved, and such covenants will be liberally construed in light thereof. 8. MISCELLANEOUS PROVISIONS. 8.1 Severability. Should any one or more sections or paragraphs of this Agreement be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various sections and paragraphs are severable. 8.2 Enforcement. Either party may seek specific performance or enforcement of this Agreement in a Court of competent jurisdiction, but neither party shall have any claim or remedy for damages arising from an alleged breach hereof against the other, nor shall this agreement confer on either part standing to contest a land use decision or action of the other except as a breach of this agreement. This agreement is not intended to modify the standing the parties may possess independent of this agreement. This Agreement is between the TOWN and the COUNTY and no third party rights or beneficiaries exist or are created hereby. 8.3 Termination. This Agreement will continue in effect until the Plan is developed and implemented by both parties. Notwithstanding the foregoing, however, either party may terminate this Agreement by giving written notice thereof to the other. 960318 08/01/96 wlpaarasEDPcarrZWUZ:CHANOt 7 ORD187 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: Barbara J. Kirkmeyer, Chair ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board TOWN OF PLATTEVILLE, COLORADO By: Gary Homyak, Mayor ATTEST: By: Rosa M. Miller, Town Clerk 02/01/96 WfroloPoeb Pe.trrvraX eHAkSE 8 960318 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. 960318 ORD187 021W/96 W/PROPOSED PLATTE✓!u E'CHANGE 9 81e096 = EXHIBIT 1?dgt Dom] a Z W ZE ix a } } W i l' a Za ` l O "' aPP aA ^Y O Z Pa Z eL Z I� LJi a d' 7 77 1....4 J 7 O O ID a W Z2 N2 "y W I- H o t v'0 0 0 bill oT CO WO dl' `l I I I '1.43/41 nil r-i71--r____T_-c-rte I � 1 1 1 �"1 1 I 1 +I 1 I 1 1 I 1 1 1 1 , , 1 iII 1 i 1 • 1 I-a II II '1 I 1\ I I II ji I I i 1 - n 1 S8 WY} ■1 I al L---- ..... ----. \\\\ �y ^Y u I I I I : I i II I �I I :I I,� I :�JI I :`tt y . . I rI ' I ' ll it ' ll I . II :'I I : 1 `` ---- 1H11 I : I I .-- �. I - I I`I I I : I . I I : I ii iii I I i--i F ii 1co [mimi NOTICE The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on the 5th day of February, 1996, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering the second reading of Ordinance No. 187, In the Matter of the Adoption of an Interim Coordinated Planning Agreement with the Town of Platteville. All persons in any manner interested are requested to attend said hearing and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Weld County Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax(970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. Questions may be addressed to Monica Daniels-Mika, Director of Planning, Weld County, 1400 North 17th Avenue, Greeley, Colorado, or by calling (970) 353-6100 Extension 3540. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: January 22, 1996 PUBLISHED: January 31, 1996, in the Platteville Herald 960318 .._._ .. ..... Affidavit of Publication STATE OF COLORADO County of Weld SS. I A.Winkler Riesel of said County of Adams being duly sworn,say that I am publisher of PLATTEVILLE HERALD that the same is a weekly newspaper of general circulation was printed and published in the town of NOTICE FORT LUPTON in said county and state that the nonce of The loOKl tll Commisslonea advertisement,of which the annexed is a true copy has of Weld County.•will conduct been published in said weekly newspaper for apubnc tteorkp 49170 p.m.,on the SUt day of Feauay.1996.n ttte Chambers of the Bond d County CoriwMseoners ONE consecutive weeks: that the notice was otWeldCounly.ColoradO,WekiCounty published in the regular and entire issue of every Centennial Cents,.91510M Street.Fksl number of said newspaper during the period and time fkwr,Greeby,Cdoradp.larthepurpae of publication of said notice and in the newspaper of considering the second reading of proper and not in a supplement thereof: that the first Ordinance No.187.In the matter of the publication of said nouce was contained in the issue Adoption of an Interkn Coordinated of said newspaper bearing the date of Planning Agreement wtth the Town of Platteville. All persons In any manner interested JANUARY 31. A.D. 1996 and the are requested to attend said hearing and may be heard. last publication thereof, in the issue of said Should any Interested Party desire newspaper,bearing date, the presence ota court reporrertomake a record of the proceedings.In addition the g. day of }ANUARY 1996 to the taped record which will be kept that the said durngth dheONg.ihOClerktotneBoard shall be advised n w rMng otiuch ac Lion at least five days prior to the hearing. PLATTEVILLE HERALD The cost of engaging a court reporter has been published continuously and uninterruptedly sh be borne by the requesting party. Please contact the Weld County during the period of at least fifty-two consecutive Clerk to the Board's Office at phone weeks next prior to the first issue thereof containing (970)356-4000.Extension 4226,of fax said notice or advertisement above referred to: and (970)352-0242 pilot to the day of the that said newspaper was at the time of each of the hearing so that reasonable publications of said notice duly qualified for that accommodations can be made if,in purpose within the meaning of an act entitled. "An accordance with the Americans with Act Concerning Legal Notices, Advertisements and Disabilities Act, you require special Publications and the Fees of Printers and Publishers occommodolionalnortlerbparticipate thereof, and to Repeal all Acts and Parts of Acts in in th4 hearing as a recall of a disability. Conflict with the Provisions of this Act" approved 'BEDAISO KNOWNihat copiesot the April 7, 1921, and all amendments thereof, and proposed amendments may be particularly as amended by an act approved,March 30, examined In the office of the Clerk to 23, and an act ap oved May 13, 1931. the CenBoter. d o County Co Third Floor, ��JJJ located in the Weld County Centennial //� Greele 915 fh Street, t ough i ,// Greeley. Colorado. Monday through Friday,8: 0 a.m.to 5: 0 p.m. Cluesfions ad dressed be addressed to Monica Dem Daniels- ' bIIJ}10Y Mika,Dkectorof Planning Weld County, 1400 North 17th Avenue, Greeley, Colorado,or by cling(970)353-6100 Subscribed and sworn to befmx me this 1st day Extenslon3540. of VARY A.D. 1996 BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO / it:DONALD A WARDEN CJin q � OA� � WELD COUNTY BY:SHELLY K.MILLER Notary PV/F C QQQJJJ DEPUTY CLERK TO THE BOARD DATED:January 22,1996 P.O. BOX 125 Published in the Platteville Herald January 31.1996. FT. LUPTON, CO 80621 My Commission expires December 27, 1997 960318 NOTICE The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on the 22nd day of January, 1996, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering the second reading of Ordinance No. 187, In the Matter of the Adoption of an Interim Coordinated Planning Agreement with the Town of Platteville. All persons in any manner interested are requested to attend said hearing and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Weld County Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax (970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. Questions may be addressed to Monica Daniels-Mika, Director of Planning, Weld County, 1400 North 17th Avenue, Greeley, Colorado, or by calling (970) 353-6100 Extension 3540. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: December 11, 1995 PUBLISHED: January 10, 1996, in the Platteville Herald January 11, 1996, in the North Weld Herald 960318 Affidavit of Publication STATE OF COLORADO County of Weld SS. I A. Winkler Riesel of said County of Adams being duly sworn,say that I am publisher of PLATTEVILLE HERALD NOTICE that the same as a weekly newspaper of general circulation was printed and published in the town of the Board of Commio.wlc nductioners of Weld FORT LUPTON hearng at 9�:00aam..on the 2nd day of in said county and state that the notice of January.1996,In the Chambers of the advertisement,of which the annexed is a true copy has eoatlotCountyCanvrYabnersofWeki been published in said weekly newspaper for County. Colorado. Weld County Centennlia Center,915101h Sheet,First Floor. Greeley, Colorado. for the ONE consecutive weeks: that the notice was purpose of considering the second published in the regular and entire issue of every reading of Ordinance No.187,in the number of said newspaper during the period and time Matter of the Adoption of an Interim of publication of said notice and in the newspaper Coordinated Planning Agreement with proper and not in a supplement thereof: that the first the Town Of Platteville. anRe. publication of said notice was contained in the issue M pecan n any attends matter d hearing letl of said newspaper bearing the date of are requested to sold and may be heard. Should any Interested party de*e the'JANUARY 10. A.D. 1996 and the °rrecarde the rproeeeanr p naada�moonn last publication thereof, in the issue of said to the taped record which will be kept newspaper,bearing date, during the hearing. the Clerk to the Board steal be advises n wiltkg of such the 10th day of JANUARY 1996 action at lead five days prior to the that the said hearing. The cost of engaging a court repateaahal bebanebyltierequeslkag PLATTEVILLE HERALDPlease contact the Weld County Clerhas been published continuous) and unmtenu tedl (970)to the Board's Office4226.phone Y P e (970)352-0242,Extensionrite day or fax durik the period of at lets fifty-two two consecutive a)n52JYLso prior the day n ble weeks next or ar ao thefirst a issue bo thereof containing hearing accommodations of that reasonable It i said notice w papertiwas eoti ofreferred to: and accamaoc with can be mode in that said newspaper said was at the time of each of the ties ct, our Americans re with publications of sort notice duly qualified for that acccnles Act, you op special purpose rnin the meaning es an act isemen. d achis hearing Act Concerning egel Nes of r Advertisements a d Publishers and niBE(ALSO Ns a OWN that copiesof iesofthe Publications e and the Fees f Printers and of Acts in proE IT posed may be thereof, and to Repeal iallsi Acts and Pans of Acts m examinetl amendmentshcf may be Conflict with the Provisions of this Act" approved the rd n the office of the Clerk to April 7, 1921, and all amendments thereof, and the Board of County my Centennial e Commissioners. particularly as amended by an act approved,March 30, located In the Weld County Third Floor, 1923,and an act May 13, 1931. Center. 915 10th Sheet. . E�� may ey. eeed y through D Gieeley. Ca.m.to MondayQuestions mMikabe addressed ni Monks County. l4 Doha Avenue. GreCoeley. _�• Colo NODh b 17th Greeley. ��,ly{7Cr Colorado,a by calling(970)353-6100 Extension 3540 Subscribed and sworn to before me this 10th day BOARD OF COUNTY COMMISSIONERS of WELD COUNTY,COLORADO JANUARY A.D. 1996 BY:DONALD D.WARDEN WELD COUNTY CLERK TO THE BOARD 99/J'f'f,LQ (,//J4JJ/J� BY:SMELLY K.MER RI Notary Pub C DEPUTY CUM{TO MD BOARD DATED:December 11,1995 P.O. BOX 125 Published in the Platteville Herald January 10,1996. FT. LUPTON, CO 80621 Mv C0MMi55jerl expires December 272 1997 960318 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss. COUNTY OF WELD I, Bruce J. Bormann, of said County of Weld, being duly sworn, say that I am Publisher of THE NORTH WELD HERALD NOTICE a weekly newspaper having a general circulation in said The Board of County Commissioners of Weld County. Count and State, Colorado,wt conduct a pubic hearing at 9:00 am.,on Y Published in the Town of Eaton, in said the 22nd day of January,1986,In the Chambers of the County and State; and that the notice, of which the annexed is Board of County Commissioners of Weld County, Colorado,Weld County Centennial Center,915 10th a true copy, has been published in said weekly newspaper for Street,First Floor,Greeley,Colorado,for the purpose a considering the second reading of Ordnance No.197,to C successive weeks, that the notice was published the Matter of the Adoption of an interim Coordinated in the regular and entire issue of every number of the paper Planning Agreencrk with the Town a Platteville. during the period and time of publication, and in the All persons In any manner Intereaed are requested to attend said hearing and may be heard. newspaper proper and not in a supplement, and that the Should any Interested party desire the presence of a publication of said notice: u court reporter to make a record of the proceedings,In L n� addition to de taped record which MI be kept diking the �G!�( Ot e-e4 -1; /eg.rm t,a yJ`7. /".n -7 hearing,the Clerk to the Board and be eddied In wrNirnp C ' of such action at least five days prior to the hearing. The was in said newspaper bearing the date(s) of: cost of engaging a court reporter shag be borne by IM requesting party Thursday,the �/ day of �Gitu a .y 1996 Please contact the Weld County Clerk to the Boards Office at phone(970)3594000,Extension 4226,or fax Thursday, the day of , 1996 (970)352.0242 prior to the day of the Mat9g so that reasonable accommodations can be made If, in accordance with the Americans with Disabilities Act,you Thursday,the day of , 1996 require special accommodations in order to participate in this hearing esaresutaadisability. Thursday,the day of , 1996 BE IT ALSO KNOWN that copies of the proposed amendments may be examined In the office of the Clerk to the Board of County Commissioners,located in the and that the said THE NORTH WELD HERALD has been Weld County Cereemial Center,915 10th Street,Third Floor,Greeley,Colorado,Monday through Friday,IMO published continuously and uninterruptedly for the period of 52 a.m.to 5:00 p.m. Questions may be addressed to Monica DanietsMita,Director of Planning,Weld County, consecutive weeks, in said County and State, prior to the date 1400 North 17th Avenue,Greeley,Colorado,or by calling(970)353.8100 Extension 3540. of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate printing of legal BOARD OF COUNTY COMMISSIONERS , 'WELD COUNTY,COLORADO notices and advertisements, approv ay 18, 1931, and all BY:DONALD D.WARDEN prior acts so f in forc CLERK TO THE BOARD BY:SHELLY K.MILLER �fil/J1/J DEPUTY CLERK TO THE BOARD J. BORMANN, PUBLISHER DATED:December 11,1995 PUBLISHED:January 10,1996, In the Plattevile Journal January 11,1996, in The North Wald Herald �.;. Subscribed and sworn to before me this A5 f/i day of Vardiclity , 19 7W ERIKA C. 1. BAGLEY £"r" C Cyo N ARY PUBLIC qTF OF CO-o�'a My commission expires P 6 .12obEk) 21, /cJV 960318 PRESS RELEASE There will be a County Town meeting on Wednesday, January 17, 1996 to discuss the pending Platteville Intergovernmental Agreement. The meeting will take place in the Community Building, 508 Reynolds Avenue, Platteville Colorado. The meeting will start promptly at 7:00 p.m. For more information concerning this meeting please address comments and questions to Monica Daniels-Mika, Director of Planning, Weld County, 1400 N. 17th Avenue, Greeley, Colorado, or by calling (970) 353-6100 ext 3540. platpres 960318 Kit-tit,?-- iglige, COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 AGENDA TOWN AND COUNTY MEETING TO DISCUSS THE PLATTEVILLE AND COUNTY INTERGOVERNMENTAL AGREEMENT JANUARY 17, 1995 7:00 P.M. 1. INTRODUCTIONS: CHAIRPERSON BARBARA KIRKMEYER- COUNTY COMMISSIONER 2. INTERGOVERNMENTAL AGREEMENTS: MONICA MIKA- DIRECTOR OF PLANNING 3. THE PLATTEVILLE AGREEMENT: LEE MORRISON-ASST. COUNTY ATTORNEY CHARLIE KUECHENMEISTER-ATTORNEY FOR 960318 PLATTEVILLE 4. COMMENTS FROM TOWN OF PLATTEVILLE 5. QUESTIONS AND ANSWERS 960318 MEMORANDUM WILDTo: Surrounding Property Owner November 15, 1995 COLORADO From: Monica Daniels-Mika, AICP, Director, Department of Planning Services 7vuto v _-- Subject: Town of Platteville Intergovernmental Agreement On November 13, 1995, the Board of County Commissioners held a public meeting to consider an Intergovernmental Agreement with the Town of Platteville. Two additional public hearings are currently scheduled for November 27, 1995, and December 11, 1995, at 9:00 a.m. in the Commissioners' Hearing Room, Centennial Center, 915 10th Street, Greeley, Colorado. Your property is located in the proposed Urban Growth Boundary area and as such could be influenced by this Intergovernmental Agreement. An Intergovernmental Agreement is intended 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. A copy of this agreement is enclosed for your review. Your input into this progress is greatly needed. Should you be unable to attend these public meetings written and verbal comments and specific hearing dates can be addressed to the Department of Planning Services, in care of Monica Daniels- Mika, or by phone at (970) 353-6100, Ext. 3540. I look forward to hearing from you. pc: Board of County Commissioners SERVICE,TEAMWORK,INTEGRITY,QUALITY 960318 MEMO To: Board of County Commissioners From: Lee D. Morrison Subject: Platteville IGA Date: November 13. 1995 The proposed IGA 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) ii. 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-I zone district in the County. The application would not trigger the need for an annexation agreements. 960318 .■i �Ci %�' �__�.1. -Y - - 7 ,----,r 5 r 1 a, 1 . 28 a� 27 - o� oIM ��P aa � GI LC' sr. a 1/ t • a I Fo 31 -a • • ,■I • iv 33 ; 34 3 36 as 1 I/ I a _— i B.S. a \36 ■ ) • 1� Of t it A _9` ��2 • �� Proposed Urban Growths o• y � ons V/ILDC AT / -------1 f (I , 2 Boundary Area ' a o 5 • f It I LL 3 I a■; \`.• \� I p a ■ •. .�'�; HOUSTON. • ■ I ■"` ; 6 0•J, %° Q rl-3 a ` �iC - va�o ' Ez 16 (I 0-x 15 , • • 14—y• tit - -, ' Existing Urban Growth `/ i 11 1 k��`\ �� _Malag / < AIRPORT STRONG I "� II T1, ® ■ ■ I ■a FAS ■ I 1■ 4.2 •1 p— �-�—�� _rr_r_.-n - - - ■ ■ ■a■ ■TO . II •}RWANDA j 11 1 t V VAv C-/ y 2tl '� 2 7 II 26/ - 27/ —4-I 26 ,, �� II 1i ii y ■ I-i //// e . i .I li ■ • • ■ ■T ■ iI 1 • ■ ]Proposed Oil and Gas • I• I ii 33 a\ ,\ • 4C;.3Overlay Zone 8 32 34 III ■ ■ 1 1 \ 1 ■ 1 i ■ • 1 5-cL •L__ T x 5 3 4 3 — • ■■ I • II emu//,von EA �■=a❑ • i• to .T �' 1 0 �, . Proposed Planning Area 3 \-.\ 1� CO • a \ •? 1 ■ 1 ■ ■ o ■ 1o •INI.f c.L; • 7 ■ 5 i J �6�33 .� r 16 IS i� I9 vOLLMAR _n is ■ a -� 17 � If) I. la■aduI1-) �f� Q u A - �) n_ 11 Hello