HomeMy WebLinkAbout992429.tiff 370 ORDINANCE NO. 207
IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT BETWEEN THE
COUNTY OF WELD AND THE TOWN OF KEENESBURG
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, Title 29, Article 20, C.R.S., authorizes and encourages local governments to
cooperate and contract with each other for the purpose of planning and regulating the development
of land by the joint and coordinated exercise of planning,zoning, subdivisions, building,and related
regulatory powers, and
WHEREAS, existing and anticipated pressures for growth and development in areas
surrounding the Town of Keenesburg indicate that the joint and coordinated exercise by the County
of Weld and said municipality of its respective planning, zoning, subdivision, building and related
regulatory powers in such areas will best promote the objectives stated in this ordinance, and
WHEREAS, the attached Coordinated Planning Agreement between the Weld County
Board of Commissioners, on behalf of the Department of Planning Services, and the Town of
Keenesburg, a copy of which is attached hereto and incorporated by this reference, has been
considered and approved by said municipality.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that the attached Coordinated Planning Agreement between
the Weld County Board of Commissioners, on behalf of the Department of Planning Services, and
the Town of Keenesburg be, and hereby is, approved.
BE IT FURTHER ORDAINED by the Board that the Chair is authorized to sign the attached
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.
111111 IR 111111 11 111 pe..: Y�., r ., CA 992429
2726370 10/12/1999 03:42P ,JA Suki Tsukamoto ORD207
1 of 10 R 0.00 D 0.00 Weld County CO
RE: ORDINANCE NO.207
PAGE 2
The above and foregoin� wince No. 207 was, on motion duly made and seconded,
�'ng,ot
adopted by folio ot ; of October, A. D., 1999.
ATTEST: r i /. Y BOARD OF COUNTY COMMISSIONERS
Clerk to the Board WELD COUNTY, COLORADO
��77 �, t ,.
By: Co .nom T°p I e ;�`n l
Deputy Clerk to the Boar `(!'IM°$��' K. all, Chai man
APPROVED AS TQ FORM: arb ra J. Kirkmey r, Pro-T
By: 4/nty/v/ttom — %Geor e E axter
. J. eile
Glenn Vaal----
First Reading: August 30, 1999
Publication: September 4, 1999, in the Fort Lupton Press
Second Reading: September 15, 1999
Publication: September 22, 1999, in the Fort Lupton Press
Final Reading: October 4, 1999
Publication: October 9, 1999, in the Fort Lupton Press
Effective: October 14, 1999
111111111111111111111 111111 IIII 1111111 11111111 IIII IIII
2726370 10/12/1999 03:42P JA Suki Tsukamoto
2 of 10 R 0.00 D 0.00 Weld County CO 992429
ORD207
4-21-99
COORDINATED PLANNING AGREEMENT
G)
This Coordinated Planning Agreement is made and entered into effective as of the 26 day
s o— of, Apr i 1 ,1999 ,A.D. between the Board of County Commissioners of the County of Weld,
-E State of Colorado, hereinafter called the "COUNTY," and the "TOWN OR CITY OF
ON
Keenesburq " a Colorado Municipal corporation hereinafter called the "MUNICIPALITY."
ci
o =
co- RECITALS
WM
= A. The COUNTY exercises governmental authority regulating land use, growth and
cr.— development in its unincorporated areas, which areas include lands surrounding the
= = —`"— MUNICIPALITY; and
�F—
cal=
e 09 = B. The MUNICIPALITY exercises governmental authority over the same matters within
Umn its municipal boundaries, and annexations, and is able to provide municipal services and facilities
a
for efficient and desirable urban development; and
o —
,� C. In Title 29,Article 20, Colorado Revised Statutes, the General Assembly of the State
of Colorado has granted broad authority to local governments to plan for and regulate the
development and use of land within their respective jurisdictions; and
D. In said Title 29, Article 20, Colorado Revised Statutes, the General Assembly has
further authorized and encouraged local governments to cooperate and contract with each other for
the purpose of planning and regulating the development of land by the joint and coordinated
exercise of planning, zoning, subdivisions, building, and related regulatory powers; and
E. Existing and anticipated pressures for growth and development in areas surrounding
the MUNICIPALITY indicate that the joint and coordinated exercise by the COUNTY and the
MUNICIPALITY of their respective planning, zoning, subdivision, building and related regulatory
powers in such areas will best promote the objectives stated in this agreement.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties agree as follows:
1. PURPOSES AND OBJECTIVES. The purpose of this Agreement is to establish
procedures and standards pursuant to which the parties will move toward greater coordination in
the exercise of their land use and related regulatory powers within unincorporated areas surrounding
the MUNICIPALITY. The objectives of such efforts are to accomplish the type of development in
such areas which best protects the health, safety, prosperity, and general welfare of the inhabitants
thereof by reducing the waste of physical, financial, and human resources which result from either
excessive congestion or excessive scattering of population, and to achieve maximum efficiency and
economy in the process of development. However, any action taken pursuant to this Agreement that
pertains to any land within the municipality, for incorporated areas, and within the County, for
unincorporated areas, is subject to final approval by the governing body of the municipality or
county, respectively.
2. DEFINITIONS. For the purposes of this Agreement the following terms shall be
defined as set forth herein:
1
2.1 Development. Any land use requiring regulatory approval by the elected
governing body of the applicable party in the Urban Growth Area except for an amendment
o N� to a plat or a down-zoning, neither of which creates any additional lots and except for a
"';� Recorded Exemption or Subdivision Exemption. Existing agricultural uses, which are lawful
=a uses,uses, either as uses by right under the Weld County Zoning Ordinance, as amended, or
sow as legally existing non-conforming uses, are also exempt from the definition of
-- "Development".
co a
C j
o o� 2.2 Non-Urban Development. Land uses which typically do not require services
o � such as central water and sewer systems, road networks, park and recreation services,
to�_ storm drainage, and the like, and which are generally considered to be rural in nature,
N�
�, expressly including land used or capable of being used for agricultural production and
— including developments which combine clustered residential uses and agricultural uses in
ra„ a manner that the agricultural lands are suitable for farming and ranching operations for the
F�io
next forty years.
c0-1=
x—, 2.3 MUNICIPAL Referral Area. The area located outside of but within three
a —_ miles of the MUNICIPALITY's municipal boundaries.
o —
a
2.4 Urban Development. Development which is characterized by development
density typical to urbanized areas and requires support services such as central water and
sewer systems, road networks, park and recreation facilities and programs, storm drainage,
and other similar services which are typically furnished by MUNICIPALITY.
2.5 The Urban Growth Area is hereby established and shall consist of all lands
as designated on the map attached hereto and referred to herein as "Exhibit A,"
EXCEPTING those lands located within the MUNICIPALITY's municipal boundaries.
3. PLANNING COORDINATION. This Agreement is intended to be a
Comprehensive Development Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2).
Following the execution of this Agreement by both parties, COUNTY Development approvals in the
MUNICIPALITY's Referral area will be processed and determined in accordance with the following:
3.1 Referral. The COUNTY will refer all proposals for Development within the
MUNICIPAL. Referral Area to the MUNICIPALITY for its review and recommendation. Such
referral will include at least a copy of the written Development proposal and preliminary
COUNTY staff summary of the case. The COUNTY will allow not less than twenty-one (21)
days for the MUNICIPALITY to review same and furnish its recommendations to COUNTY
staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does
not respond within such time, COUNTY staff may proceed with its recommendation, but any
MUNICIPALITY comment or recommendation received on or before the Thursday next
preceding the meeting of 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
MUNICIPALITY submits no comment or recommendation the COUNTY may assume it has
no objection to the proposal. If the MUNICIPALITY submits recommendations, the
COUNTY will either include within its written decision the reasons for any action taken
contrary to the same or furnish such reasons to the MUNICIPALITY by a separate writing.
3.2 Development Outside Urban Growth Area. To the extent legally possible
the COUNTY will disapprove proposals for Urban Development in areas of the MUNICIPAL
Referral Area outside the Urban Growth Area. In reviewing proposals for Non-Urban
2
Development in such areas, the COUNTY will apply its Comprehensive Plan and zoning
and subdivision ordinances, and, where appropriate, the MUD Plan .
c.n — 3.3 Development in Urban Growth Area. The following shall apply to
cn� proposed Development in the Urban Growth Area:
S (a) Upon receipt of any proposal for Development of property then
70 Immi_ currently eligible for voluntary annexation to the MUNICIPALITY,the COUNTY will,
�J
oy� in writing, notify the proponent of the opportunity for annexation and notify the
c cs MUNICIPALITY of the proposal.
IS NM=
0UMM (b) The MUNICIPALITY will require extension of sanitary sewer service
cpN� to property in the Urban Growth Area, subject to its rules and regulations, which
cp -O_ include provisions requiring a written contract for extraterritorial service and the
O. — construction of new mains and other facilities necessary to serve the property with
s
v,S costs assessed in accordance with the MUNICIPALITY'S rules and regulations.
mama. MUNICIPALITY agrees to give notice of any proposed change in said rules and
c regulations to COUNTY 21 days prior to adoption.
E
a (c) If The MUNICIPALITY provides municipal water service to property
o within its boundaries, subject to its rules and regulations, it will provide water under
provisions similar to those indicated above for sewer service. Where water
furnished by the MUNICIPALITY is received in whole or in part from an outside
water provider such as a water district under a Water Service Agreement dated
n/a the MUNICIPALITY shall exercise its obligations under this agreement
consistent with the terms of the Water Service Agreement including (list any
special restrictions including limit on service area). The MUNICIPALITY will
nego,:iate in good faith with the water provider to explore ways in which the
extension of water service outside MUNICIPALITY boundaries can be coordinated
so as to achieve the purposes stated in Section 1 above while still recognizing the
rights and obligations of the water provider and its constituents.
(d) In recognition of the availability of public water and sewer service
within the Urban Growth Area as indicated in paragraphs (b) and (c) above, the
COUNTY will require public water and sewer service as a condition of approval of
any subdivision, rezoning or planned unit development and will not approve such
Development until the applicant obtains a written contract for same with the
MUNICIPALITY, or water service from n/a if the MUNICIPALITY 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.
(e) The COUNTY will not grant any waiver of current Municipal street
standards for any Development without the consent of the MUNICIPALITY.
(f) To the extent legally possible, as determined by the COUNTY, the
COUNTY will deny proposals for Non-Urban Development in the Urban Growth
Area. Nothing in this subsection shall restrict the COUNTY from approving, by
means of a process such as recorded exemption or subdivision exemption, the
isolated partition or division of ownership parcels located in the Urban Growth Area
having existing residential improvements served by septic systems, regardless of
the size of resulting lots. Nevertheless, the COUNTY will not permit such a
concentration of such divisions in any particular area as will frustrate or materially
3
hinder the evolution of genuine Urban Development, as defined in § 2.4 of this
Agreement, in the Urban Growth Area. Furthermore, the County shall not be
restricted from allowing the expansion of legally existing non-urban uses provided
o"asadequate protection for future urban uses is included in any such approval.
.-.p,-
oo • (g) If any MUNICIPALITY recommendation of disapproval of a
�o o Development proposal is based upon a conflict or incompatibility between proposed
�= uses in the Development and anticipated MUNICIPALITY zoning classification for
the property,the COUNTY will not approve same unless the applicant demonstrates
4.0
a S (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
w r. eliminate or adequately mitigate adverse consequences of incompatibility or conflict,
�� or(iii)that the MUNICIPALITY'S anticipated zoning classification of the property is
a — unreasonable because of existing or planned uses of adjacent property. The
gam MUNICIPALITY shall be given notice of, and may appear and be heard at any
C =
hearing or other proceeding at which the COUNTY will consider such issues.
C
c C= (h) The parties anticipate that § 3.3 (e)-(g) will be addressed in more
3= detail if a Mutually Acceptable Plan is considered and adopted for the UGA or the
o referral Area.
o—
,� 3.4 Mutuality of Impact Consideration. The parties recognize that decisions
mim by one party regarding development may impact property outside of each particular
jurisdiction. The parties agree that those jurisdictional boundaries will not be the basis for
giving any greater or lesser weight to those impacts during the course of deliberations
3.5 Referrals to County. The MUNICIPALITY will refer proposals for
Developmert which lie within 500 feet of any property in unincorporated Weld County to the
COUNTY for its review and recommendation. Such referral will include at least a copy of
the written Development proposal. The MUNICIPALITY will allow not less than twenty-one
(21) days for the COUNTY to review same and furnish its recommendations to
MUNICIPALITY. If the COUNTY submits no comment or recommendation the
MUNICIPALITY may assume it has no objection to the proposal. If the COUNTY submits
recommendations, the MUNICIPALITY will either include within its written decision the
reasons for any action taken contrary to the same or furnish such reasons to the COUNTY
by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation of
more than 10 acres, the provisions of this section shall be deemed satisfied by compliance
by the MUNICIPALITY with the Notice and impact statement provisions of the most current
version of the Municipal Annexation Act then in effect. If any COUNTY recommendation of
disapproval of a Development proposal within 500 feet of any property in unincorporated
Weld County is based upon a conflict or incompatibility between proposed uses in the
Development and existing or anticipated zoning classification for the property, to the extent
legally possible the MUNICIPALITY will not approve same unless the applicant
demonstrates (i) that no such conflict or incompatibility will reasonably occur, (ii) that
suitable mitigation measures to be imposed by the MUNICIPALITY as conditions of
approval will eliminate or adequately mitigate adverse consequences of incompatibility or
conflict, or(iii)that the MUNICIPALITY's anticipated zoning classification of the property is
unreasonable because of existing or planned uses of adjacent property. The COUNTY
shall be given notice of, and may appear and be heard at any hearing or other proceeding
at which the MUNICIPALITY will consider such issues.
4
4. ANNEXATION.
4.1 The MUNICIPALITY will give serious consideration to all petitions for
r.3— annexation of lands within the Urban Growth Area and will consider, in any determination
o,� to annex such properties, without limitation, the following factors: (i) the extension of one
o)= or more municipal services to the area would place an unreasonable economic burden on
o
the existing users of such services or upon the future residents or owners of property in the
11"ill area itself; (ii) the area is not reasonably contiguous in fact to the MUNICIPALITY's existing
oN boundaries, and its annexation would result in disconnected municipal satellites
to
0 O 4.2 The MUNICIPALITY will not annex properties located outside the Urban
aim
0 Growth Area unless such property is both eligible for annexation and is necessary to the
MUNICIPALITY for municipal purposes such as utilities.
m a�
— 4.3 To the extent legally possible the MUNICIPALITY will annex the full width of
0 3:2 COUNTY road right of way contiguous to newly annexed property unless such road
. serves primarily COUNTY properties rather than existing or newly annexed Municipal
properties, in which case the MUNICIPALITY will annex none of such COUNTY road right
O vi
— of way.
d�
3
4.4 Notwithstanding any provision hereof to the contrary, the MUNICIPALITY is
not obligated to annex any property within a Development approved by the County after the
execution of this Agreement by both parties which does not conform to the County Urban
Growth Standards, unless a waiver or modification of such standards was granted by the
COUNTY and approved by the MUNICIPALITY.
4.5 Nothing in this Section 4 shall be construed to limit the MUNICIPALITY from
annexing any land within the Urban Growth Area, regardless whether such annexations are
involuntary or result in disconnected municipal satellites.
4.6 In determining off-site improvements to be constructed by proponents of
in-MUNICIPALITY Development, the MUNICIPALITY will consider identifiable impacts on
the COUNTY road system resulting from such Development on the same basis as in-
MUNICIPALITY impacts.
5. IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this
Agreement each party will promptly enact and implement such amendments to its existing
regulations as may be necessary to give effect to the provisions of Sections 3, and 4. Each party
shall have sole and exclusive discretion to determine such measures and any new ones enabling
it to perform this Agreement. Each party's land use regulations as referred to herein are ordinances
whose amendment requires certain formalities, including notice and public hearings. The mutual
covenants in this section and elsewhere to implement this Agreement promptly are given and
received with mutual recognition and understanding of the legislative processes involved, and such
covenants will be liberally construed in light thereof.
6. MISCELLANEOUS PROVISIONS.
6.1 Severability. Should any one or more sections or paragraphs of this
Agreement be judicially determined invalid or unenforceable, such judgment shall not affect,
impair or invalidate the remaining provisions of this Agreement, the intention being that the
various sections and paragraphs are severable; provided, however, that the parties shall
s
then review the remaining provisions to determine if the Agreement should continue, as
modified, or if the Agreement should be terminated.
6.2 Enforcement. Either party may seek specific performance or enforcement
of this Agreement in a Court of competent jurisdiction, but neither party shall have any claim
or remedy 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 MUNICIPALITY and the COUNTY and no third party rights or beneficiaries
exist or are created hereby.
6.3 Termination. This Agreement will continue in effect until June 30, 2000.
The parties shall review the Agreement in June, 2000, and in June of each succeeding
year to determine if the Agreement should continue in effect for the period of a year
thereafter. The parties may terminate this Agreement at any time if a mutually acceptable
Comprehensive Land Use Plan for the MUNICIPALITY referral area or growth area is
developed and implemented by both parties
6.4 Amendment. Upon the request of either party, this Agreement shall
be subject to amendment according to the same procedures as the original adoption
(requiring the written consent of the amendment by both parties); provided, however, that
changes in the Urban Growth Area defined in § 2.5 herein may occur by resolution of the
MUNICIPALITY concurred in by the COUNTY when the change is a deletion to the UGA
or an addition of property which (a) was in common ownership and contained within a
common legal description with property previously included in the UGA; or (b) directly
adjacent to and contiguous with property previously contained within the UGA and capable
of being served by MUNICIPAL services, including water or sewer, within a reasonable
period of time.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date first abov written.
ATTEST: (O / `.�.i //.a BOARD OF COUNTY COMMISSIONERS
f� LD COUNTY, C. ORADO
$Rv�
Weld County Clerk to t B.:
a"-a a0 4C9
' tis
c( cii'� • Dale K. Hall, Chair (DA 3v - 1}
BY: :.e.o. /utc, ce -
Deputy Clerk to the Bo `U i\ i
APPROVE O FORM:
7 Z--,
Count rney
iillll 11111111111 illl IIIIII IIII 1111111 III 11111 IIII 1111
2726370 10/12/1999 03:42P JA Suki Tsukamoto
8 of 10 R 0.00 0 0.00 Weld County CO 6
TOWN or CITY of keels," COLORADO
r
By: S 0/ L°-tC
, Mayor
ATTEST:
7
By: go".1.14.1A
n.��n , lerk
1111111111111111111I1111111111111111111 III 1111111111111
2726370 10/12/1999 03:42P JA Suki Tsukamoto
9 of 10 R 0.00 D 0.00 Weld County CO
n r,...
T 2N T 1N
C9 w
H I CO C rJ X of
at. o i a a 0 m m I CO
B .w. w
m fg
'@�t 0 �' 9 win n j m
i� p 0 N I .. m
n a "'..lp i fq 9 ._ ^ I
C4 I
Ct
yr
LO
0 n n 0 1
CO I N i n a Fpm ...
F' '''''''°It= =1 r b
r I o i i e4m.me I
1 r 0 kr yiy n in °° I
i
m rn 0 n i`R m r
•
'1. ij y3.
f.
E oI
4 ' r1, . ..
R.
I' -a
G ..
I
( .j n . . : �e?
•
..I 1... W J Atrt .> o
d .� V. tl 1. ... J!
P
II
II
C.
I ii
R
111111 11111 111111 IIII 111111 lilt 1111111 III IUD III III
2726370 10/12/1999 03:42P JA Suki Tsukamoto
10 of 10 R 0.00 D 0.00 Weld County CO
Hello