HomeMy WebLinkAbout982631 NOTICE OF
THIRD READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 202 was introduced on first
reading on July 15, 1998, and a public hearing and second reading was held on August 3, 1998.
A public hearing and third reading was completed on August 24, 1998, with no change being made
to the text of said Ordinance, and, on motion duly made and seconded, was adopted. Effective
date of said Ordinance is listed below.
Any backup material or information previously submitted to the Board of County Commissioners
concerning this matter 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, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday.
ORDINANCE NO. 202
ORDINANCE TITLE: IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT AMONG THE COUNTY
OF WELD, CITY OF DACONO AND TOWN OF
ERIE
EFFECTIVE DATE: September 7, 1998
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 24, 1998
PUBLISHED: September 2, 1998, in the Platteville Herald
982631
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riegel of said County of Adams being
duly sworn,say that I am publisher of
PLATTEVILLE HERALD
that the game is a weekly newspaper of general
circulation was printed and published in the town of
FORT LUPTON NOTICE OF
in said county and state that the notice of NINIO READING Of
advertisement,of which the annexed is a true copy has ORDINANCE
been published in said weekly newspaper for
Pursuantto the Weld
Horne
County Noe Rule Chester,
ONE consecutive weeks: that the notice was (*Manes Number 202 was
published in the regular and entire issue of every oeledaced on flat mina
number of said newspaper during the period and time onJ*L 15,1998,anddptle
of publication of said notice and in the newspaper heeling Ondsecon
proper and not in a supplement thereof: that the that was held on Auguat S.1
publication of said notice was contained in the issue A public hearing and Rid
leading was completed an
of said newspaper bearing the date of August-2d, 1998, WIII tie
change being made to She
text W sad ordinance,and.
SEPTEMBER 2. A.D. 1998 and the on motion duly made aid
last publication thereof, in the issue of said seconded, was adopted.
newspaper,bearing date, Effective date of sad
Ordinance is listed below.
the 2nd day of SEPTEMBER. 1998 Any backup malefic'or
that the said information previously
submitted to the toad of
PLATTEVILLE HERALD County Commissioners
chas been published continuously and uninterruptedly be examined a ihi mat* elmaf
during the period of at least fifty-two consecutive thto the o of
weeks next prior to the first issue thereof containing County Clerk me toad s,
located t e W d tour,
said notice d ornewspaper paper was heoti eef f e ho: one CCaen Ini a Wind 10th
that said ofsatwas at the time of each of the Stmt, thin Floors 915 r ley.
publications rpseitof said nname duly qualified for that Color, do, between
en the
purpose within the meaning of an act entitled. "An o ono, betweed the
Act Concerning Legal Fees
of P Advertisementss and hours of nda a.m.and y.00
Publications e and the Actsf noes andPublishers p.m.,Monday Mru Friday.
neo and to Repeal o all ns and Parts of Acts in
Conflict 9h all am of this Act" eof, and ORDINANCE NO. 202
April 7,la 1921,s and all amendments appro td, af, and
particularly as amended by an act approved,March 30, T OF AO TITLE: IN THE
1923, and an act approved May 13, 193� MATTER O A G A
• COORDINATED PLANNING
AGREEMENT COUNTYOFAMONG CI THE
A WELD, OF OF
�� y DACONO ANDTOWNOFERI
YubTr5her EPPECTIVE DATE:
September 7,1998
Subscribed and sworn to before me this 2nd day SIONOCFCCUNIYCOVMEICMIS
of WELD COUNTY,
SEPTEMBER A.D. 1998 COLORADO
DATED: August 24,1991
a."1/2:7 Published in the PaRewe
Notary Pub C Neva September 2,1995.
P.O. BOX 125
FT. LUPTON, CO 80621
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My Commission Expires
December 27,2001
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 202 was introduced on first
reading on July 15, 1998, and a public hearing and second reading was held on August 3, 1998,
with no change being made to the text of said Ordinance. A public hearing and third reading is
scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street,
Greeley, Colorado 80631 on August 24, 1998. All persons in any manner interested in the next
reading of said Ordinance are requested to attend and may be heard.
Please contact the 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 if, as a result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material or information previously submitted to the Board of County Commissioners
concerning this matter 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, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday.
ORDINANCE NO. 202
ORDINANCE TITLE: IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT AMONG THE COUNTY
OF WELD, CITY OF DACONO AND TOWN OF
ERIE
DATE OF NEXT READING: August 24, 1998, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 5, 1998
PUBLISHED: August 12, 1998, in the Platteville Herald
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A.Winkler Riegel of said County of Adams being
duly sworn,say that I am publisher of
NOTICE Of
PLATTEVILLE HERALD snow Wows Of
t7O01I411MCE
that the same rs a weekly newspaper of general
circulation wad printed and published in the town of Pursuant to me Weld County
Nome 202 ter,
FORT LUPTON Ordnance ha was
m said county and a Ordnance ate that the notice of Introduced on first reading
advertisement,of which the annexed is a true copy has onJuly 15,1998,and a public
been published in said'redly newspaper for hearing andiecondreadIng
on was held on August 3,1998,
_leeks: that the notice was w8heae ch sews Otthg Made
ONE consecutive
^ tomnt ar ebeln e,
published in the regular',and entire issue of every A pubic hearing and third
number of said newspape{during the period and time reading is scheduled to be
of publication of said ndthe and in the newspaper held in the Chambers of the
proper and not in a supplement thereof: that the first Board, First Hoot Hearing
publication of said notice:was contained in the issue Room, 915 10th Street,
of said newspaper bearing)the date of Greetey.Colorado 80631 on
August 24,1998. All persons
In any manner Interested In
AUGUST 12. A.D. 1998 and the last me next reading of sold
publication thereof, in the issue of said newspaper, Ordnance are requested to
baring date, attend and day be heard.
the 12th day of AUGUST 1998 that Please contact the Clelk to
the said the geerd's Office at phone
(970) 356-4000. Extension
4926.
PLATTEVILLE HERALD ort t fax yolt eheor g
has been published continuously and uninterruptedly If,as e result of a disability,
during the period of at least fifty-two consecutive you require reasonable
weeks next prim to the first issue thereof containing accoflYnodatlonaln Crderto
said notice or advetieagent above referred to: and participate In this hearing.
that said newspaper was at the time of each of the
publications of said notice duly qualified for that Any backup material or
purpose within the mauling of an act entitled. "An Information previously
Act Concerning Legal Notices, Advertisements and submitted to the Board of
Publications and the Fees of Printers and Publishers County Commissioners
thereof, and to Repeal all Acts and Parts of Acts in concerning this matter may
Conflict with the Provisions of this Act" approved be examined In the office of
April 7, 1921, and all amendments thereof and the Clerk to the Board Of
particularly sa amended by an act approved,March 30, County Commissioners,
19,7�i av set appr Y 1( � booted In the Weld County
Centennial Center,915 10th
y r0��� 1� m.b Frier.theNry,
'' of OColorado.-bm n 5:00e houant.
Mond a.m.and 5:00 p4n..
Pub fisher mamas thru Friday.
ONEENANCE NO. 202
Subscribed and sworn to before me this 12th day
of ONDNIANCE TITLE: IN THE
AUGUST A"D" 1998 MATTER OF ADOPTING A
COORDINATED PLANNING
AGMEMENT AMONG THE
, CWWIv OF WELD,CRY OE
7 7 (_/(
WCdNO AND TOWN Of
Notary PU C DATE OF NEXT READNN:
, P.O. BOX 25 August 24,1998.at 9:W am. 4
BEY YCOAWBSO
WELD R
COUNTY,COLORADO
FT. LUPTON, CO 80621
DATED: Aug:MM E,1991
Published In the FtettevEle
Herald August 12 19th.
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v
My Commission Expires
December 27,2001
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.
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.
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 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
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
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
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 (ii) 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.
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.
IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the date
first above written.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 202, published
above, was introduced and, on motion duly made and seconded, approved upon first reading on
July 15, 1998.
A public hearing and second reading is scheduled to be held in the Chambers of the Board,
First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on August 3, 1998. All
persons in any manner interested in the reading of said Ordinance are requested to attend and
may be heard.
Please contact the 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 if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday.
ORDINANCE NO. 202
ORDINANCE TITLE: IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT AMONG THE COUNTY
OF WELD, CITY OF DACONO AND TOWN OF
ERIE
SECOND READING: August 3, 1998, at 9:00 a.m.
THIRD READING: August , 1998, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 15, 1998
PUBLISHED: July 22, 1998, in the Platteville Herald
ORDINANCE NO.302
IN THE MATIU Of ADOPTING I. PURPOSES AND
A cooptsmar MAIMS ' OBJECTIVES. The purposeof
AORER/NNT WONT THE this Agreement is to establish
COMMffidavit of Publication COn OF YIeD, an Of COORDINATEDELANm,,, procedures and standards
DACONO AND TOWN OF ERIEAGREEMENT pursuant to which the polies
will move toward greater
STATE OF COLORADO EED TN OROAINEDEYEBOARD Thracood ndedPbnn ng coordnatbn In the exercise
A�
OFCOUNTYCOMMISSIONERS Agreement is made and of Mee Idnd use and neededCounty of Weld SS. OF THE COUNTY OF WELD, entered into effective as of , regulatory powers within
STATE Of COLORADO: ,1998.between the unincorporated areas
A.Winkler Riesel of said County of Adams being Board of County - surrounding each
duly sworn,say that I am publisher of WHEREAS, the Board of Comnseinersor the County MUNICIPALITY.Theobleceves
County Commtsionersof the of Weld.State of Colorado, of such efforts are to
PLATTEVILLE HERALD County of Weld. State of hereinafter coiled the accomplish the type of
Colorado. pursuant to -COUNTY," and the City of development in such area
that the same is a weekly newspaper of general Colorado statute and the Doconoand teiownolErN, which best protects the
circulation was printed and published in the town of Weld County Home Rule Colorado Municipal reidetteeetY,PrOSPeriN,ond
Charter, is vested with the corporations, hereinafter I general welfare of the
FORT LUPTON authority of adnilnldenngthe called the 'CITY' and , inhabitants thereof by
in said county and state that the notice of affairs of Weld County, 'TOWN' respectively and reducing the wage of
advertisement,of which the annexed is a true copy hasColorado,and 'Municipalities'collectively. physical. Financial, and
been published in said weekly newspaper for humanresourceswhichresult
WHEREAS,Tnle 29,Article RECITALS r from either excessive
20, C.R.5., as amended, r
congestion or excessive
9 NE consecutive weeks: that the notice was authorizes and encourages A. The COUNTY sodeerngolpoPuiatianeand
published in the regular and entire issue of every local governments to exercises governmental to achieve maximum
number of said newspaper during the period and time cooperate and contract with authorllyreguidkrgbr,a use, - efficiency and economy In
of publication of said notice and in the newspaper each other for the purpose of growth and development in the Omeessul developrllent
proper and not in a supplement thereof: that the first planning and regulating the ifs unincorporated areas,
publication of said notice was contained in the issue development of land by the which areas include lands 2. DEFINRIONS.Fa
of said news,_ boring the date of joint and coordinated surrounding each the purposes of this
�•- exercise of planning,zoning. MUNICIPALITY:and Agreement, the lowing
----\
subdivisions, building, and terns dial be defined
IULY 22. A"D, 1998 and the last related regulatory powers. S. Each of the forth herein:
blication thereof, in the issue of said rte per, and MUNICIPALITIES exercises
governmental authority aver 2.1 Development Any
WHEREAS, existing and the same matters within its land tile regirimgreyubtory
the 22Od of lIII,Y 1998 that the anticipated pressures tot municipal boundaries: approval by the decsetl
day growth and development in inducing annexations.antlk governing body of the
said areas surrounding the COOS able tomunicipalapplicable
provide party in the
Dacono and Town of NN services and facilities for DEITCGA except rot an
PLATTEVILLE HERALD indicate that the joint and development;
em and deWdmeurban , down-zoning
to a pad or a
has been published pe continuously and uninterruptedly
o coordinated exercise by the tlewbprnent and tl recorded
zoning and except for
during the period of at least fifty-two consecutive County of ies and said a Exemption (RE)
weeks next or the fist same thereof containing
municipalities of their C. In Tine 29.Article 11.9 of
Sections 11.2 and
said notice or advertisement above referred to: and respective planning,zoning, 20. Colorado Revised 11.9 0l the Weld County
that said newspaper was noticeat
the time of each of the subdivision, building and Statutes, the General Subdivision Ordinance or a
pub case wi of said duly qualified for that related regulatory powers in Assembly of the State of Subdivision Exemption (SE)
purpose within the meaning of an act entitled. "An such area will test promote Colorado has granted brood pursuant to section 11.11.1 of
Act Concerning Legal Notices, Aers an ementa and the ai,ce ton staled In this authority to local the Weld County Such Pt r
Publications and the Fees of Printers and Publishers ordnance,and governments to plan for and Ordinance unless such RE or
thereof, and to Repeal all Acts and Parts of Acts in regulate the development SE's are err arear in
in any
IRMEARAB, the attached
Conflict with the visions of this Act" approved agreement among the and use of land within their particular area In such a
April 7, 1921, and all amendments thereof, and County of Weld. City of respective Wrsdations;antl manner as will frustrate or
particularly as amended by an act approved,March ee
30, Deno pond town of EM,a materially hinder the
D. In said TIM 29, of genuine Urban
3,and an act apprev May 13, 1 e cagy of which is attachedevolution
Nero and Incorporated by Avis 20,Colorado Reseed Development.
Statutes
r this reference, has been , the General
/%.1this has further 2.2 Non-urban
cemidered andapprovedby auehodred and encouraged Development. Land uses
said municipdtie. local governments to which NplcaMdonotregulre
Pub Sher cooperate and contract with municipal services such as
MOW, THEREFORE. EE IT each Whet tothe purpose at central water and sewer
Subscribed and sworn to before me this maiday ORDAINED by the Board of planning and regulating the resten's.road networks.Pak
of County CorrWeld.ners hfe development of and by y the adlecreanonservN:wsMen
County of Weld, State of taint and coordinated drainage, and Other
JULY A"D. 1998 Colorado,that the attached exercise of planning,zoning, comparable aervicee sad
agreement among the subdivisions, building, and which ale geereRy
`a County of We{d. City of (elated regulatory powers: cenedered to be ousel in
�� �.,/, Decoke and Town of Hie.Is.,.fl JY�.c�G :I`x�i, �r�_� end nature, expressly Including
Notary Pub and OS he,approved. iseed acapabledlMEp
G N IF FURTHER MAIM anti Existing and used for agmcohnd
P.O. BOX us by Ile bad that the Choice growth and rea res for Pradipcn0rt
growth and development in
authorized to sign the areas surrountling each 2.3 (a) [Iacono Sarni
t.d
aRaNsl a agreement MUNICIPAAnusIndicate that Are The area leaned
FT. LUPTON, CO 80621 M R FURTHER ORDAMI® the rant and c°ed"aled outside of the CITY'S
the Board H any teeter each
by the COUNTY and municipal boundaries but
each MUNICIPALITY of their within a three mile radius
subsection. paragraph, respective Ptoreyng.aping. provided that,Wes el I-26,
sentence.clause,or phrase Subdiviabn, building and the voce MOS be wWleese0
of this Ordnance Is M sty related regulatory Fannie Mope ofonemkebmme
\ reason held a decided to be such area wit bed Wanote orHerale of l-25.
unconstitutional, such the objective stated M tike
decision andi not affect the
•�' validity of the remaining agreement. (b)EM eds The
,• •-\ area located outside al the
. . .- portions hereof.The Boatld NOW,THEREFORE,for and TOWN'S municipal
_. .. County Commissioners Inco'lses and
emutual boeradus bvldedt oREM
hereby declares"''tweet' promises and undertakings mler.IhearoatlesrhotEad
haveehaetede ery enalae herein set forth. the parties oft-25.theaeOfOn belmied
in each and every section, agree as renews: toadeftnceofo 1.25, cam
subsection, paragraph, the centerline o11-25.
sentence,cdae.adp rase
the eolkre ertivedtheloof •
I that anyOrbamorefeatdns,
subs
ections. paragraphs,
sebtebces.c tauter.or phraes
might be declared to be
unconstitutional or lnvaiia
My Commission Expires .,,x,
December 27,2001
recommendation at
aR.ppra.wf I It sent
2.4 Weal prelsW wren th.Em sNY 4.2 WIM reepec•to awls
Al der M- t which is COS sell my erected (c) If any MUNICIPALITY'S ISMS upon a conflict or whin the LEITCGA, meter
chancel." DT eMeeeeeepleelenbuf recaanrndatkm of IneanpeNpety between MUNICIPALITY will annex
dpvWprle°S. mat OaeMMnY or tlrsapproval of a prepesed uses in the pr°peleslecOlW°Wed°ts
e urbanite, •
Nw... eeeweletese age ow Development proposal is Development and existing or respective-segment of the
regulnsfale ...'minces MUNfCIPALIIYrecet.eaon a based upon a conflict or anticipated zoning DERCGAureesuchpropety
: such a Water-and ; Wine the Thursday next incompatibility between Obetcalbn for theproperty. is both elates for annexation
sewer .,..netwaM, ' precedlrgthemeeb,ofthe proposed uses In the the MUNICIPALITY will not and the annexation Is
pek and rem • • locales bard Of County Development and that approve same unless the conentedto bytheCOUNrY
and grog storm Can e nieo .or Planning MUNICIPALITY'S anticipated applicant demonstrates (I) and other MUNICIPALITY It
dialogs. • . other Simla Conflation at which the zoning classification for the that no such conflict or within three miles of other
services iv are typical'. ' molter se be aceideed will property,theCOUNTywlllnal Incompateltywteasonaay MUNICIPALITY. In any event,
furnished by'. bodies. • be hansMtt°d to the Board approve same unless the occur, (II) that suitable Docono ogees not to annex
Urban Dev. • tdoesnot or Coralalon. It nether aspired demonstrates (I) mitigation measures to be any properties West of the
Include r tier area muteci►ALRY tuba** any that no iuch conflict or Imposedby the MUNICIPALITY West right-of-way lie at l-25
• comment oldapproval will and Erie agrees not to annex
burp donned • Yltlhridual or ccu (p ttesuCe as eliminatenatbnsr adequately
q y e properties
lob a pore who'. net COUN Ymay asum the occur,mitigation
that suitable mitlg or atle u Ease additional te
acreage the 1MO and aTYneyvioe tone her mposed the COUNTY s be co mitigate adverse oftin5. ith ut-woe
ae-0alf(2 Tile ease. - has any ob either
to the imposed by the as consequences of line of 1-25. without the
Proposal. t ester of the conditions of approval will incompatibility or conflict or COUNTY and the other
2.5 Doc. o-Erie 1.25 MUNICIPALITIESIPACITIES submit eliminate or adequately (I(R)) that the MUNICIPALITY'S MUNICIPALITY'S consent.
Coulee ED win Apia secornmandatione, the mitigate adverse anticipated zoning
(DERCGA)shell consist of all COUNTY wit wither Include consequences of cleslloatlon or the property is 4.3 The MUNICIPALITIES
lands in an Ore•bounded by withinm written tlaeabn the Incompatibility or conflict.or unreasonable because of agree to use all reasonable
State Hlghwa 52 on the reasons for any action taken (5)that the MUNICIPALITY'S eddmg or planned uses of efforts to make their
North.Weld •unly Road$ contrary to the anticipated zoning *Scent property. The Poundals'contiguous ate
on ins South• •a distancerecommendations or furnish clomticatlon of the p early COUNTY or other near the intersection of I-25
olonermelr• centerlinesuch reasons to the Is unreasonable becalm,at MUNICIPALITY mall be given and Weld County Road 8.
oil-2510 theEes an °PPlcobie MUNICIPALITY or chirp or planned uses al nose of and may appear
1-25.except tom o MUNICIPALITIESbyaepaoie tent property. The and be heard at any hearing 4.4 To the extent legally
of land cum an writing at or plot b the tike mreeCIPALITIESmallbe,given or other proceeding at which possible,each MUNICIPALITY
the town of Fie•err - alOOUNTY acllon. niece of,and may appear teelerring MUNICIPALITY will we annex the full width at
NE 1/4 of . 3,Tewlfip cull be heard at any hearing eeeader such Issues. each COUNTY rood right-ol-
1 North.Range-.Wyteltre 3.2 Oevelepment In welherproceeding at which way adlacent to newly
6th Principal M-rialaainr Weld DEITCOA. The blowing Mee MISCOUNT,/wilc0nsidenu0h 3.505 and Oat annexed properly and seal
County.Cobra^•: apply to prOpesed S. refrdnhomannexkpbuthan
Development In the (0) The COUNTY and the lulwkth of any COUNTY
(a)the Doe• •Mined - DERCGA'C 3.3 Mutuality a brm / hiliNICIPALMES agree tea,t road. The annexing
oral consisted thateilon Ceedde,tfon. The pales resestedbyaMUNICIPALty, MUNICIPALITY shall not
of to DEITCGA Virg Earl of (a) Upon receipt of any reeew,Ize that decisions by COUNTY weuse Its best reels eiminateemmngaccesesor
Me Westright-of waybnea4 proposal for Development of omit party regarding to use the Oil and 6q discriminate opener access
25, INOPvoluntary ently eligible far development may newt CEsIWnlon's(•OGCC')ses kompropertes whicharenct
amrxerta.UNI .loin, ry Outside of *etch Neeernment designee within the annexing
(b)The Erie - eat the COUNTY war. In Wrlerdloten. Nee neetatlonpraceplor discs MUNICIPALITY. The annexing
conhtaf athe••Mondle *Ono agree that that ps"poaetltoelocotetl web MUNICIPALITYmaatknpas
DEITCGAt ingW 'ottelest saa M,,.. lest el t,... leadcsonal boundaries wit lyeDEITCGAtoarrangefor en regulations such as weight
right-al-way line• I'25. eppentnly tar q°eeeebn ^aloe the basis for giving any alb consutation,toincksee aaatlons which Impair the
and notify each loch es wftsor lesser weight lo the MUNICIPALITIES' ebrical use of the annexed
3. COOROW-TION. De MUNICIPALITY..therseeith SS vnPacts during the Illesentotrves. with the at roadway unesnecesary to
agreement al aloes Snot delberations. Qnt"ga applicant pursuant Pgecifeheofh.loetyand
a Co •rehi nevi (b) An essential purpose l OGCC Rules. welfare of the users or the
Development n adopsed of this Agreement is to ensue 3.4 Salto?to County r road and only if Consutatbn
and Inatome. .• pwssent that Urban Development DIeY MunlclpaRty. loch (b) Notice of proposed ha occurred with the
to C.RS.E 2P- c 105(x. One occur only within the bees al MUNICIPALITY evil refer one surface DEVELOPMENT within COUNTY and the other
porter and uM feahlll a Meapp"cabe MUNICIPALITY Moe proposals for the referral area shall es MUNICIPALITY as to the
and Comment Ilan or In area which are eagles Oeves5pmmtl which le within provided to lessees and av°aablpy of alternatives to
shall be intepr. earn De for annexation to such O10 test of any property in owren of of and gas inters such regulation.
consistent • Up Nes MUNICIPALITY. Prism to Ve1MtoraedWeldCoUnly sothatsurtace DEVELOPMENT
Agreement but tins sMMeht COUNTY consideration of an es me COUNTY and to the can beplannedanddeslneel 4.5 In determining of-site
and only In M event el WbanDevebpmentpopa ether MUNICIPALITY if within to consider cunent and iutue itnprovements to be
'Reconcilable coeelne Mr the DEITCGA, the Ile °thel Relean area Tar of and gas ailing activity to r assucedbyproponentsaf
betweentisAgr. . and applicant shall mete review and the extent oil and gal Development In each
the parties' land use applications to the reCOmmendotlon. Such development ' Can be MUNICIPALITY, the
regulations and appropriate mUnicipatfy for referral wll include at leat a anticipated under current MUNICIPALITY wll consider
ComprehensM, Plans. to annexation end copy of the written State regulations. idsadable li pocb on the
pates'land use regulation" development of the afloat •OVIDIOPMessr MUNICIPALITY ntproposal. The COONtyr°adsys erntes ding
and Complete sive Plan popery and seal annex me (c) No portion of this from such Developing.*
oral prevail. •wing the properlytosad MUNICIPALITY Mow not ea than twenty- Agreemenimalbeconstrued mamma bah a impacts la
execution oft greenest and shall develop tin e^°(21)daysfortheCOUNTY to create a requirement of the MUNICIPALITY'S toed
by at parties COUNTY property only within eon er other MUNICIPALITY to gulataysppraval•(asused seem. These irpace may
Development a•provals in MUNICIPALITY, unless the sinew she antl tea_ 012.1 of this Agreement)of be addressed a pat al me
the DEITCGA will be MUNICIPALITY declines b recafnneneetere ....ley ieandgasdriNing oath/tries by oasxmlonreportrepeWby
processed and •*ermined annex or enters into °n MWNCIPALIIY'tee COUNTY eelEMver the TOWN or COUNTY C.R.S.13612-108.5. '
in accordcna, with the agreement with Ma r0111r MIMICIPAIMehay whet no such requirement
folowing: landowner for future the cOmmea or as enhy exists In County or 4.4 The patesogree that
annexation on the geleel recommendation. the MW.`IpaaornancesarIIhs the provision of services MI
3.1 Resrsan -y County. that the development\set nine MUNICIPALITY may Megreementbelnterpreted be most effective if the
The COUNTY wit refer al yes ripe for annexaton, In eeww► in Petra no Obligate MUNICIPALITIES or MUNICIPALITIES adorn one
prapgsalsltthe�' GAse welch case the appearseneaean m lots tsspalll. X COUNTY to require regulatory another along the length of
Municipal R °M Areas sr may proceed with their OLINTY MUNICIPALITY Orlob ethers depr0v0. 26 wwean
thethe
DEITCGA.�ta�
Development. to the reqwhich with the GOWN.any reeremprdolores, the 4. ANNEXATION
andMU re omnme 1pr .Such writta shall any retirr
antlracpmnabn n.at lean
written TYS ted Mho include MUNICIPALITY
written 4.1 Each MUNICIPALRY will AMUSEMENT.
IMPLEMENTATION wii OF
the
copra wel 1 . atIeMn MUNICIPALITY'S elected Following Me
copy of 1 e written ao de egatl me,hat,. gcCM°^the reasons for i.eany
ave serious consideration to mutual execution of this
Development. •se and reads regardinh —Me action taken contrary to the all petitkms for annexation of Agreement each pony we
preliminary C• NTT staff Consistency with theI Mete or furnish such reasons lands within the DEITCGA and promptly enact and
summary of the se. the M U Nee IPA LITY ' 5
t0 the COUNTY or other will at decline toannex such implement such
COUNTYtwo will alb not Wesfor Comprehensive Plan as MUNICIPALITY by a separate property use.Fthe
for good amendments to existing
wtleln atom bHO thetima of eaue.Forehe ur land use or annexation
each
of a MU Cdapb course o the that 'S the MUNICI MUNICIPALITY'S actions. Section,goodcausseesincludes regulations as may be
reviewto toe Neel s the of the COUNTY'S Where the DEVELOPMENT is wtihoutilmWalpnthefolow reammen le •elemhh tlePoerations. more the
rro to give effect is
COUNTY ndatO s to ano
nexation,
as part of an (I) nicIp extension a stem are agreement.
provisions of this
COUNTY seal pilot to a is tion,the eprovisions of weeai e e ,rte o area oleEn party she
formulation al COUNTY
this section seal be deemed wee plate On rd a natlb have sole and erne such
staff ;lithe sreferring MUNICIPALITY
th economic lilese burden on the discretion to and anyrnew such
referring m with a at WPMMe i eselteevea measures and.perfoones
roman not the Notice sl impact srsotnle hpiw enabling If to perform this
remand within I ch time, statement poWrsionons of the ref lsi Ootse awe, of
most current version of the =eisi i
Municipal Annexation Act ((e�)OO�te .+^+}..•+•l
then In effect.If the COUNTY'S contiguous in fact to the
or other MUNICIPALITY's MUNICIPALITIES' existing
•
C-D4P )tX):Di 6.50 Alewl a the
potties unite eland that
additional
INTERGOYEINMENTAL
Agreemrrn Each AGREEMENTS between
party's veers local governments
land use regulations as We the COUNTY may be
referred to herein ate neaeleery and desirable and
ordinances whose this Agreement Is not
amendment requires certain intended to limit the parties'
formalities, Including notice aeayto enter into additional
and public hearings. The agreements amount the
mutual covenants In this Pallet Or with offer entitles
section and elsewhere to pate ntto Tine 29.Article 20.
Implement this Agreement C.R.S. The MUNICIPALITIES
promptly are given and recognize that their urban
received with mutual Growth Areas referenced in
recognition and the Weld County
understanding of the Canpehensee Plan remain
legeativepraceaeslnvolved, d IN default astonceol 1/2
end glee a9e_RMa WI be rile, except as expressly
liberally Conehwd in kght moaMd by this Agreement
thereat for Me DEITCGA. absent
6. hither agreement with the
MISCELLANEOUS COUNT/.
PROVISIONS.
IN WITNESS WHEREOF,the
6.1 $erefaeay. Should peen have executed this
any one or more sections or AgreRnentetecee coot the
paragraphsoftis Agreement date est above written.
be judicially determined NOTICE
Invalid or unenforceable,
such judgment shall not
affect,Impnrorkivadatete PURSUANT to the Weld
remaining provelens of this County Home Rule Charter.
Agreement the intention Ordinance Number 202,
beingthattevotaeseclbm published above, was
and paragraphs are Introduced and,on Mellon
severable. duly mode and seconded.
approved upon Mt reading
6.2 Ennteemen& Any on July 15,199$.
party may seek special
performanceorenfoaamad A public hearing and
of second reading Is schedsed
the Agreement In a Cain al Lobe heainthe Chambeaol
catpetent)AYOlctlo n,burna the Board.First Floor Heeled
such party oral have any Room. 915 10th Street.
calmorremedyfotdaAages Greeley,Colorado 80581.on
arising from an alleged August 3,1998. Al penmen
breach hereof against any any planner Interested nee
other party, nor She tee reaagdS0Osdnonee e
Agreement confer on arty reatsdedboltandarldraev
party standing to cones a be heard.
lad use decision or=lend Plea sa lies Imp stele
any other party except as a erlMSIaeaseMeesilreee
taecholterAgreemae.The 1Y/1
Agreementtnotlntendedla M1, pis.IS MO M!
reedify the standing Noe prbrIMMINIMMINOOMMINI
Da*" may DOS t R.as erect
Independent of sees you lease
Agreement. This reen
between g the re nt e1 e
pis e WI aheS
MWNCIPALITIES and the
COUNTY and no tad pain Any BOeple maid a
Valor beneikWMs alga information previously
as created hereby. ntaa*ed le Na Mad of
6.1 Amendment This County ComenpNeners
conteand Mb MINS eel
Agreement, except as be sommimull In McSOT
Mealwwset loan hearse the Cart N the sew of
ee needonlyagreement
be awes County Co. .mINI NRM
written agreement at a or measeer to a deerl_r
the parties. The procedures Con sat
wee forthe consideration Sc 915 1Oh Street. Greasy.
A eevaf of the al
party geleyede eeepeertRWlala
Agraer+Ienf ba each pat a EIOO am.end Side p.m..
dhyeef amendments.
recourse
al my amendments. tEendA'lieu NS.
tiaraeA Terent we men. This Aoaement wee continue ineNecttraperiodoffiveyeasNesSsflecttvedateunless
seas terminated by mutual CONS OP S.CNy OF
was agreement of the a-OMle7 A
pein.Notwithstanding,this elD0111111lat
ASINenle,t we renew for an ASO& rSea
additional term of five years
WMBaoneofte parlesserves — e
um
notice thirty(30)days prior to
expiration of an Intent not to SOAMB OF COUNTY
renew.
COtsCNONOtMPS
WILD COUNTY,COLORADO
D i
Published In the Platteville
-raid July 22.1998.
NOTICE
The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at
9:00 a.m., on July 15, 1998, in the Chambers of the Board of County Commissioners, Weld County
Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering
Ordinance#202, In the Matter of Adopting a Coordinated Planning Agreement among the County
of Weld, City of Dacono, and Town of Erie. Second and third reading of said Ordinance will be
considered on August 3, 1998, and August 24, 1998. 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.
BE IT ALSO KNOWN that copies of the text of said agreement 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.
DOCKET NO. 98-38 APPLICANT:
County of Weld
DATE: July 15, 1998
TIME: 9:00 a.m.
REQUEST: Ordinance #202, In the Matter of Adopting a Coordinated Planning Agreement
among the County of Weld, City of Dacono, and Town of Erie.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 22, 1998
PUBLISHED: July 1, 1998, in the Platteville Herald
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 NOME
PLATTEVILLE HERALD The board of County
that the same is a weekly newspaper of general Commlaslonert of Weld
circulation was printed and published in the town of County, Colorado. will
conduct a public healing at
FORT LUPTON 9:C0 am.,on JW/1/,19M,tF
ie m said county and state that the notice of of County Cs of on load
teel oa
advertisement,af which the annexed is a true copy has
been published in said weekly newspaper for Weld County Centennial
cents,915 10th Street,Flat
Floor,Clealey,Cetrado.for
ONE consecutive weeks: that the notice was the purpose of Considering
published in the regular and entire issue of every Ordinance M202, In the
number of said newspaper during the period and time Matter of Adopting a
of publication of said notice and in the newspaper Coordinated Planning
proper and not in a supplement thereof: that the first Agreement among the
publication of said notice was contained in the issue County of Weld, City of
of said newspaper bearing the date of Dacono, and Town of Erie.
Second and third reading of
said Ordinance will be
IULY 1. A D. 1998 and the last consideretlonAugusta,1998,
publication thereof, in the issue of said newspaper, and August 24, 1998. All
bearing date, persons in any manner
interested are requested to
attthe day of JULY 1998 that the be heardnd .hearing and may
. be heard.
said
Should any Interested
PLATTEVILLE HERALD party desire the presence of
has been published continuously and uninterruptedly o court reporter to make a
during the period of at least fifty-two consecutive recordoftheproeeedngs.in
weeks next prior to the first issue thereof containing addition to the taped record
said notice or advertisement above referred to: and which w0 be kept during the
that said newspaper was at the time of each of the heating, the Clerk to the
publications of said notice duly qualified for that Board shall be cavlsed in
purpose within the meaning of an act entitled. "An w undo!such actionatleaet
Act Concerning Legal Notices, Advertisements and five days prior to the heatlp.
Publications and the Fees of Printers and Publishers The coat of engaging a court
thereof, and to Repeal all Acts and Parts of Acts in repair shall be bonne by
Conflict with the Provisions of this Act" approved the requesting parry.
April 7, 1921, and all amendments thereof, and
particularly as amended by an act approved,March 30, SE IT ALSO KNOWN Mat
92 ,and an act approved May 13, 1931, copies of the test of sail
• agreement may be
exaNned In the office of the
CWkt the Board of County
ComLWaloners, located in ttle Weld Pu fisher Conies,915 County 10th5eN,Thld
Floor, Greeley, Colorado,
Subscribed and sworn to before me this 1$1_day Monday through Frlday,1:00
of a.m.to 5:00 p.m.
JULY A.D. 1998 Doerr NO. 98-38
AFRICANS: County of Weld
R:DA Jury 15,1998
DA 9:00 a.m.
/ Notary Pu c 111M1MT: Ordinance 0202,
// P.O. BOX 125 in the Matter of Atlaptng a
Coordinated Planning
Agreement among the
County of Weld, City of
FT. LUPTON, CO 80621 DDCono,and Town of Ere.
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO
DATED:June 22,1991
Published in the Plattevite
Herald July 1,1998.
.
•
My Commission Expires
December27,2001
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission
will hold a public hearing on Tuesday, May
5, 1998, at 1:30 p.m. for the purpose of
considering an Ordinance to approve an
Intergovernmental Agreement between Weld
County, Dacono and Erie.
CASE: Ordinance to approve an
Intergovernmental Agreement between Weld
County, Dacono and Erie
CURRENT PLANNER:Monica Daniels-Mika
LEGAL DESCRIPTION:The NE4 of Section 3,
Ti N, R68W of the 6th P.M., Weld County,
Colorado.
TYPE AND INTENSITY OF PROPOSED USE:
Intergovernmental Agreement.
LOCATION: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. Area approximately 6
square miles.
The public hearing will be held in the Weld
County Commissioners' Hearing Room, First
Floor, Weld County Centennial Center, 915
Tenth Street, Greeley, Colorado. Comments
or objections related to the above request
should be submitted in writing to the Weld
County Department of Planning Services,
1400 N. 17th Avenue, Greeley, Colorado
80631,before the above date or presented at
the public hearing on May 5, 1998.
Copies of the application are available for
public inspection in the Department of
Planning Services, 1400 N. 17th Avenue,
Greeley,Colorado 80631. Please call Wendi
Inloes at(970) 353-6100, Ext. 3540, or Fax#
(970) 352-6312, 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.
Glenn Vaad, Chairman
Weld County Planning Commission
To be published in the Platteville Herald.
To be published one (1) time by April 15,
1998.
Received b •
Date:
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riesel of said County of Adams being NOTICE OP PISMC NEARING
duly swom,say that I am publisher of The WeldCounlyPlonking
Cu, lYbn wdholda public
PLATTEVILLE HERALD hearing
ton;Tu��.fMay 5,
that the same is a weekly newspaper of general p
circulation of condtledn an
ulation was printed and published in the town of Ordnance to approve an
FORT LUPTON IntergoveramenlAgreement
between Weld County,
in said county and state that the notice of Dacono and Ede.
advertisement,of which the annexed is a true copy has CASE: Ordinance to
been published in said weekly newspaper for approve an
Intergovernmental
ONE consecutive weeks: that the notice was Agreement between Weld
published in the regular and entire issue of every County,Dacono and Erie
S CURRENT PLANNER:
number b of said f sidnewspaper ice n the period and me MonteLf3aeel-Meg
of publication o said e and in :het newspaper LEGAL ti o TIPS
the
props and not in a supplement e thereof:ain that the first NE4 p Section 3.TIM;NEW
publication ee of said acing was to fined in the issue of lheelh P.M.,WeldCaunty.
of said newspaper bearing the date of Colorado.
TYPE AND INIENSRY OF
APRIL 15. A.D. 1998 and the last PROPOSED USE:
InNrgovernmental
publication thereof, in the issue of said newspaper, Agreement.
bearing date, LOCATION:All lands in an
area bounded by State
the 15th day of APRIL 1998 that Highway 52 on the North,
the said Weld County Road 8 clothe
South and a finance of one
PLATTEVILLE HERALD - 25 to thine East and WM a4
has been published continuously and uninterruptedly 25,swept for ihaeetaroee
during the period of at least fifty-two consecutive of bidcurrently annexed to
weeks next prior to the first issue thereof containing the Town of Frederick. Area
said notice or advertisement above referred to: and appwldrnatelyequarer,ilet
that said newspaper was at the time of each of the The pubic hearing MI be
publications of said notice duly qualified for that held In the Weld County
purpose within the meaning of an act entitled. "An Complssloners' Hearing
Act Concerning Legal Notices, Advertisements and Roa*,FiatFloor.WeldCanty
Publications and the Fees of Printers and Publishers CeMennlalCenter,915Tenti
thereof, and to Repeal all Acts and Parts of Acts in Sweet Greeley, Colorado.
Conflict with the Provisions of this Act" approved Comments or objections
April 7, 1921, and all amendments thereof, and relaMDtotheabove request
particularly as amended by an act approved,March 30, detNbeeubmltiedlnweleq
to the Weld County
1923,and an act app>oved May 13, 1931. Deportment of Planning
• Services, 1400 N. 17th
Avwrna Greeley,Colorado
de]or before the of the
date or presented onof the
PU S Or public hearing on May 5.
1998.
Capbeilal the application
Subscribed and sworn to before me this 15th day
ate available for public
of Inspection N the Department
r PRIL A.D. 1998 of Planning Services,1410 N.
17th Avenue, Greeley,
Colorado 50091. Please call
/a 4/� Wendt t.354 at (970) 353-
Notary Pu 3524312.prior to the day of
the hearing so that
P.O. BOX 125 reasonable
accommodation can be
made R,In accordance with
the Arnedea xwith Disabilities
FT. LUPTON, CO 80621 Act, you require special
occon simArtMnsInorderto
participate In the hearing as
a result of a disability.
\ Glenn Vaad,Chairman
•
Weld County Planning
Commission
4. '1
., PubNhed In the PIaMeMe
Hemp**TS.1S.
APR 1 199;3
• , ,
My Commission Expires
December 27,2001
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