HomeMy WebLinkAbout981051.tiff II R-QO.LYJ,1.�A
ORDINANCE NO. 202
IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT AMONG THE
COUNTY OF WELD, CITY OF DACONO AND TOWN OF ERIE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, Title 29, Article 20, C.R.S., as amended, authorizes and encourages local
governments to cooperate and contract with each other for the purpose of planning and regulating
the development of land by the joint and coordinated exercise of planning, zoning, subdivisions,
building, and related regulatory powers, and
WHEREAS, existing and anticipated pressures for growth and development in areas
surrounding the City of Dacono and Town of Erie indicate that the joint and coordinated exercise
by the County of Weld and said municipalities 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 attached agreement among the County of Weld, City of Dacono and Town
of Erie, a copy of which is attached hereto and incorporated by this reference, has been considered
and approved by said municipalities.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that the attached agreement among the County of Weld, City
of Dacono and Town of Erie, is, and shall be, approved.
BE IT FURTHER ORDAINED by the Board that the Chair is authorized to sign the attached
agreement.
981051
ORD202
RE: ORDINANCE NO. 202
PAGE 2
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance No. 202 was, on motion duly made and seconded,
adopted by the following vote on the 24th day of August, A. D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Constance L. Harbert, Chair
Weld County Clerk to the Board
W. H. Webster, Pro-Tem
BY:
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO FORM:
Dale K. Hall
County Attorney
Barbara J. Kirkmeyer
Pre-Publication: July 1, 1998
First Reading: July 15, 1998
Publication: July 22, 1998
Second Reading: August 3, 1998
Publication: August 12, 1998
Final Reading: August 24, 1998
Publication: September 2, 1998
Effective: September 7, 1998
981051
ORD202
COORDINATED PLANNING AGREEMENT
This Coordinated Planning Agreement is made and entered into effective as of
1998, between the Board of County Commissioners of the County of Weld, State of Colorado,
hereinafter called the"COUNTY," and the City of Dacono and the Town of Erie, Colorado Municipal
corporations, hereinafter called the"CITY"and"TOWN" respectively and "Municipalities"collectively.
RECITALS
A. The COUNTY exercises governmental authority regulating land use, growth and
development in its unincorporated areas, which areas include lands surrounding each
MUNICIPALITY; and
B. Each of the MUNICIPALITIES exercises governmental authority over the same
matters within its municipal boundaries; including 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
each MUNICIPALITY indicate that the joint and coordinated exercise by the COUNTY and each
MUNICIPALITY of their respective planning, zoning, subdivision, building and related regulatory
powers in such areas will best promote the objectives stated in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties agree as follows:
1. PURPOSES AND OBJECTIVES. The purpose of this Agreement is to establish
procedures and standards pursuant to which the parties will move toward greater coordination in
the exercise of their land use and related regulatory powers within unincorporated areas surrounding
each MUNICIPALITY. The objectives of such efforts are to accomplish the type of development in
such areas which best protects the health, safety, prosperity, and general welfare of the inhabitants
thereof by reducing the waste of physical, financial, and human resources which result from either
excessive congestion or excessive scattering of populations, 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 the elected
governing body of the applicable party in the DEITCGA except for an amendment to a plat
or a down-zoning and except for a recorded Exemption (RE) pursuant to Sections 11.2 and
11.9 of the Weld County Subdivision Ordinance or a Subdivision Exemption (SE) pursuant
to Section 11.11.1 of the Weld County Subdivision Ordinance unless such RE or SE's are
concentrated in any particular area in such a manner as will frustrate or materially hinder the
COORDINANTED PLANNING AGREEMENT
WELD COUNTY,CITY OF DACONO,AND TOWN OF ERIE 3
evolution of genuine Urban Development.
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 other comparable services, and which are generally
considered to be rural in nature, expressly including land used or capable of being used for
agricultural production.
2.3 (a) Dacono Referral Area. The area located outside of the CITY'S
municipal boundaries but within a three mile radius provided that, West of 1-25, the area
shall be limited to a distance of one mile from the centerline of 1-25.
(b) Erie Referral Area. The area located outside of the TOWN'S
municipal boundaries but within a three mile radius provided that, East of 1-25, the area shall
be limited to a distance of one mile from the centerline of 1-25.
2.4 Urban Development. All 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
programs, 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 two and one-half(2 1/2) acres.
2.5 Dacono-Erie 1-25 Corridor Growth Area (DEITCGA) shall consist of all lands
in an area bounded by State Highway 52 on the North, Weld County Road 8 on the South
and a distance of one mile from the centerline of 1-25 to the East and West of 1-25, except
for those parcels of land currently annexed to the Town of Frederick in the NE 1/4 of Section
3, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado:
(a) The Dacono segment shall consist of all that portion of the DEITCGA
lying East of the West right-of-way line of 1-25.
(b) The Erie segment shall consist of all the portion of the DEITCGA lying
West of the East right-of-way line of 1-25.
3. COORDINATION. This agreement is intended to be a Comprehensive Development
Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2). The parties' land use
regulations and Comprehensive Plans shall be interpreted to be consistent with this Agreement but,
in the event and only in the event of irreconcilable conflicts between this Agreement and the parties'
land use regulations and Comprehensive Plans, the parties' land use regulations and
Comprehensive Plans shall prevail. Following the execution of this Agreement by all parties,
COUNTY Development approvals in the DEITCGA will be processed and determined in accordance
with the following:
3.1 Referrals by County. The COUNTY will refer all proposals in the DEITCGA
and Municipal Referral Areas for Development to the MUNICIPALITIES for their 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 each of the MUNICIPALITIES to review same and furnish
its recommendations to COUNTY staff prior to formulation of the COUNTY staff
recommendation. If the MUNICIPALITIES do not respond within such time, COUNTY staff
may proceed with its recommendation, but any comments or recommendation from any
COORDINANTED PLANNING AGREEMENT
WELD COUNTY,CITY OF DACONO,AND TOWN OF ERIE 4
MUNICIPALITY received on or before the Thursday next preceding the meeting of the Board
of County Commissioners or Planning Commission at which the matter sill be considered
will be transmitted to the Board or Commission. If neither MUNICIPALITY submits any
comment or recommendation, the COUNTY may assume neither has any objection to the
proposal. If either of the MUNICIPALITIES submit recommendations, the COUNTY will
wither include within its written decision the reasons for any action taken contrary to the
recommendations or furnish such reasons to the applicable MUNICIPALITY or
MUNICIPALITIES by a separate writing at or prior to the time of COUNTY action.
3.2 Development in DEITCGA. The following shall apply to proposed
Development in the DEITCGA's:
(a) Upon receipt of any proposal for Development of property currently
eligible for voluntary annexation to one or more of the MUNICIPALITIES, the COUNTY will,
in writing, notify the proponent of the opportunity for annexation and notify each such
MUNICIPALITY of the proposal.
(b) An essential purpose of this Agreement is to ensure that Urban
Development occur only within the limits of the applicable MUNICIPALITY or in areas which
are eligible for annexation to such MUNICIPALITY. Prior to COUNTY consideration of an
Urban Development proposal for the DEITCGA, the applicant shall make applications to the
appropriate municipality for annexation and development of the subject property and shall
annex the property to said MUNICIPALITY and shall develop the property only within said
MUNICIPALITY, unless the MUNICIPALITY declines to annex or enters into an agreement
with the landowner for future annexation on the grounds that the development is not yet ripe
for annexation, in which case the applicant may proceed with their request with the COUNTY
which shall consider any written findings the MUNICIPALITY'S elected governing Board may
have made regarding the consistency with the MUNICIPALITY'S Comprehensive Plan as
determinative of that issue in the course of the COUNTY'S deliberations.
(c) If any MUNICIPALITY'S recommendation of disapproval of a
Development proposal is based upon a conflict or incompatibility between proposed uses
in the Development and that MUNICIPALITY'S anticipated 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
MUNICIPALITY'S anticipated zoning classification of the property is unreasonable because
of existing or planned uses of adjacent property. The MUNICIPALITIES 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.
3.3 Mutuality of Impact Consideration. The parties recognize that decisions
by one party regarding development may impact property outside of each particular
jurisdiction. The parties agree that those jurisdictional boundaries will not be the basis for
giving any greater or lesser weight to those impacts during the course of deliberations.
3.4 Referral to County or Other Municipality. Each MUNICIPALITY will refer
only those proposals for Development which lie within 500 feet of any property in
COORDINANTED PLANNING AGREEMENT
WELD COUNTY,CITY OF DACONO,AND TOWN OF ERIE 5
unincorporated Weld County to the COUNTY and to the other MUNICIPALITY if within the
other Referral area for review and recommendation. Such referral will include at least a
copy of the written Development proposal. The referring MUNICIPALITY will allow not less
than twenty-one (21) days for the COUNTY or other MUNICIPALITY to review same and
furnish its recommendations to the MUNICIPALITY. If the COUNTY or other
MUNICIPALITY submits no comment or recommendation, the referring MUNICIPALITY may
assume they have no objection to the proposal. If the COUNTY or other MUNICIPALITY
submits recommendations, the referring MUNICIPALITY will either include within its written
decision the reasons for any action taken contrary to the same or furnish such reasons to
the COUNTY or other MUNICIPALITY by a separate writing at or prior to the time of the
MUNICIPALITY'S actions. Where the DEVELOPMENT is proposed as part of an
annexation, the provisions of this section shall be deemed satisfied by compliance by the
referring MUNICIPALITY with the Notice of impact statement provisions of the most current
version of the Municipal Annexation Act then in effect. If the COUNTY'S or other
MUNICIPALITY's recommendation of disapproval of a Development proposal within the 500
feet is based upon a conflict or incompatibility between proposed uses in the Development
and existing or anticipated zoning classification for the property, the MUNICIPALITY will not
approve same unless the applicant demonstrates (i) that no such conflict or incompatibility
will reasonably occur, (ii) that suitable mitigation measures to be imposed by the
MUNICIPALITY as conditions of approval will eliminate or adequately mitigate adverse
consequences of incompatibility or conflict, or (iii) that the MUNICIPALITY'S anticipated
zoning classification of the property is unreasonable because of existing or planned uses
of adjacent property. The COUNTY or other MUNICIPALITY shall be given notice of, and
may appear and be heard at any hearing or other proceeding at which the referring
MUNICIPALITY will consider such issues.
3.5 Oil and Gas
(a) The COUNTY and MUNICIPALITIES agree that, if requested by a
MUNICIPALITY, COUNTY will use its best efforts to use the Oil and Gas Commission's
("OGCC") local government designee notification process for drill sites proposed to be
located within the DEITCGA to arrange for an onsite consultation, to include the
MUNICIPALITIES' representatives, with the oil and gas applicant pursuant to OGCC Rules.
(b) Notice of proposed surface DEVELOPMENT within the referral area
shall be provided to lessees and owners of oil and gas interest 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.
(c) No portion of this Agreement shall be construed to create a
requirement of "regulatory approval" (as used in § 2.1 of this Agreement) of oil and gas
drilling activities by either the TOWN or COUNTY where no such requirement currently
exists in County or Municipal ordinances nor shall this Agreement be interpreted to obligate
MUNICIPALITIES or COUNTY to require regulatory approval.
4. ANNEXATION
4.1 Each MUNICIPALITY will give serious consideration to all petitions for
COORDINANTED PLANNING AGREEMENT
WELD COUNTY,CITY OF DACONO,AND TOWN OF ERIE 6
annexation of lands within the DEITCGA and will not decline to annex such property except
for good cause. For the purposes of this Section, good cause includes without limitation the
following: (i) extension of one or more municipal services to the area wold 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; or(H) the area is not reasonably contiguous
in fact to the MUNICIPALITIES' existing boundaries.
4.2 With respect to areas within the DEITCGA, neither MUNICIPALITY will annex
properties located outside its respective segment of the DEITCGA unless such property is
both eligible for annexation and the annexation is consented to by the COUNTY and other
MUNICIPALITY if within three miles of the other MUNICIPALITY. In any event, Dacono
agrees not to annex any properties West of the West right-of-way line of 1-25 and Erie
agrees not to annex any additional properties Ease of the East right-of-way line of 1-25,
without the COUNTY and the other MUNICIPALITY'S consent.
4.3 The MUNICIPALITIES agree to use all reasonable efforts to make their
boundaries contiguous at or near the intersection of 1-25 and Weld County Road 8.
4.4 To the extent legally possible, each MUNICIPALITY will annex the full width
of each COUNTY road right-of-way adjacent to newly annexed property and shall refrain
from annexing less than the full width of any COUNTY road. The annexing MUNICIPALITY
shall not eliminate existing accesses or discriminate against access from properties which
are not within the annexing MUNICIPALITY. The annexing MUNICIPALITY shall not impose
regulations such as weight limitations which impair the historical use of the annexed
roadway unless necessary to protect the health, safety and welfare of the users of the road
and only if consultation has occurred with the COUNTY and the other MUNICIPALITY as
to the availability of alternatives to such regulation.
4.5 In determining off-site improvements to be constructed by proponents of
Development in each MUNICIPALITY, the MUNICIPALITY will consider identifiable impacts
on the COUNTY road system resulting from such Development on the same basis as
impacts to the MUNICIPALITY'S road system. These impacts may be addressed as part
of the annexation report required by C.R.S. § 31-12-108.5.
4.6 The parties agree that the provision of services will be most effective if the
MUNICIPALITIES adjoin one another along the length of 1-25 within the area contained
within the DEITCGA.
5. IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this
Agreement, each party will promptly enact and implement such amendments to its existing land use
or annexation regulations as may be necessary to give effect to the provisions of this agreement.
Each party shall have sole and exclusive discretion to determine such measures and any new ones
enabling it to perform this Agreement. Each party's land use regulations as referred to herein are
ordinances whose amendment requires certain formalities, including notice and public hearings.
The mutual covenants in this section and elsewhere to implement this Agreement promptly are
given and received with mutual recognition and understanding of the legislative processes involved,
and such covenants will be liberally construed in light thereof
6. MISCELLANEOUS PROVISIONS.
COORDINANTED PLANNING AGREEMENT
WELD COUNTY,CITY OF DACONO,AND TOWN OF ERIE 7
6.1 Severability. Should any one or more sections or paragraphs of this
Agreement be judicially determined invalid or unenforceable, such judgment shall not affect,
impair or invalidate the remaining provisions of this Agreement, the intention being that the
various sections and paragraphs are severable.
6.2 Enforcement.Any party may seek specific performance or enforcement of
this Agreement in a Court of competent jurisdiction, but no such party shall have any claim
or remedy for damages arising from an alleged breach hereof against any other party, nor
shall this Agreement confer on any party standing to contest a land use decision or action
of any other party 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 MUNICIPALITIES and the COUNTY and no third party rights or
beneficiaries exist or are created hereby.
6.3 Amendment. This Agreement, except as otherwise set forth herein, shall
be amended only be express written agreement of all of the parties. The procedures used
for consideration and approval of the original Agreement by each party shall be followed in
the course of any amendments.
6.4 Termination. This Agreement will continue in effect for a period of five years
from the effective date unless sooner terminated by mutual written agreement of the parties.
Notwithstanding, this Agreement will renew for an additional term of five years unless one
of the parties serves notice thirty (30) days prior to expiration of an intent not to renew.
6.5 Other Agreements. The parties understand that additional
INTERGOVERNMENTAL AGREEMENTS between various local governments and the
COUNTY may be necessary and desirable and this Agreement is not intended to limit the
parties' ability to enter into additional agreements amount the parties or with other entities
pursuant to Title 29, Article 20, C.R.S. The MUNICIPALITIES recognize that their Urban
Growth Areas referenced in the Weld County Comprehensive Plan remain at the default
distance of '/ mile, except as expressly modified by this Agreement for the DEITCGA,
absent further agreement with the COUNTY.
COORDINANTED PLANNING AGREEMENT
WELD COUNTY,CITY OF DACONO,AND TOWN OF ERIE 8
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