HomeMy WebLinkAbout992997.tiff ORDINANCE NO. 212
IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT BETWEEN THE
COUNTY OF WELD AND THE TOWN OF EATON
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 contractwith each otherforthe 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 Eaton 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
Eaton, a copy of which is attached hereto and incorporated by this reference, has been con sidered
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 Eaton 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.
BE IT FURTHER RESOLVED by the Board that said agreement shall be in effect beginning
January 1, 2000.
11111111111111111111111111111I111111111111111111IIIIII Pc P4, 64, c�TaN
992997
2743674 01/11/2000 03:49P JA Suki Tsukamoto ORD212
1 of 10 R 0.00 0 0.00 Weld County CO
RE: ORDINANCE NO.212
PAGE 2
The above and foregoing Ordinance No. 212 was, on motion duly made and seconded,
adopted by the following vote on the 20th day of December, A. D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, OLORADO
ATTEST:
/
„tip?*
its Dale K. Hall, Chair
Weld County Clerk to t c! I-o-.
1 � V `
r EXCUSED
#� 1 Barb J. Kirkm er, ern,"
Deputy Clerk to the 7 • • ,• �� r� E�XCU D DATE OF SIGNING (AYE)
'' �1�� George E. axter
APPROVED AS TO FORM: elici
J. eile
L ounty Att6`ney EXCUSED
Glenn Vaad
First Reading: November 10, 1999
Publication: November 18, 1999, in the South Weld Sun
Second Reading: November 29, 1999
Publication: December 9, 1999, in the South Weld Sun
Final Reading: December 20, 1999
Publication: December 30, 1999, in the South Weld Sun
Effective: January 1, 2000
1111111311IIII1111IIII111111Ell III1111111111111 992997
2743674 01/11/2000 03:49P JA Suki Tsukamoto ORD212
2 at 10 R 0.00 D 0.00 Weld County CO
12-16-99
COORDINATED PLANNING AGREEMENT
TOWN OF EATON --WELD COUNTY, COLORADO
This Coordinated Planning Agreement is made and entered into effective as of the 20th
day of, December , 1999,A.D. between the Board of County Commissioners of the County of
Weld, State of Colorado, whose address is 915 10th Street, P. O. Box 758, Greeley, CO 80632,
hereinafter called the "COUNTY," and the TOWN OF EATON, a Colorado Municipal
corporation, whose address is 223 First Street, Eaton, CO 80615, hereinafter called the
"MUNICIPALITY."
RECITALS
A. The COUNTY exercises governmental authority regulating land use, growth and
development in its unincorporated areas, which areas include lands surrounding the
MUNICIPALITY; and
B. The MUNICIPALITY exercises governmental authority over the same matters
within its municipal boundaries, and annexations, and is able to provide municipal services and
facilities for efficient and desirable urban development; and
C. In Title 29, Article 20, Colorado Revised Statutes, the General Assembly of the
State of Colorado has granted broad authority to local governments to plan for and regulate the
development and use of land within their respective jurisdictions; and
D. In said Title 29, Article 20, Colorado Revised Statutes, the General Assembly
has further authorized and encouraged local governments to cooperate and contract with each
other for the purpose of planning and regulating the development of land by the joint and
coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers;
and
E. Existing and anticipated pressures for growth and development in areas
surrounding the MUNICIPALITY indicate that the joint and coordinated exercise by the
COUNTY and the MUNICIPALITY of their respective planning, zoning, subdivision, building and
related regulatory powers in such areas will best promote the objectives stated in this
agreement. =
—g
a E
NOW THEREFORE, for and in consideration of the mutual promises and undertakings �o
herein set forth, the parties agree as follows:
n(7) =
=Cc
1. PURPOSES AND OBJECTIVES. The purpose of this Agreement is to establish —a�d
procedures and standards pursuant to which the parties will move toward greater coordination a—v3
in the exercise of their land use and related regulatory powers within unincorporated areas _o g
surrounding the MUNICIPALITY. The objectives of such efforts are to accomplish the type of rim d
development in such areas which best protects the health, safety, prosperity, and general moo
welfare of the inhabitants thereof by reducing the waste of physical, financial, and human �r o
resources which result from either excessive congestion or excessive scattering of population, -`o
and to achieve maximum efficiency and economy in the process of development. However, any —o x
action taken pursuant to this Agreement that pertains to any land within the municipality, for _ o
t �Nf7
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:
2.1 Development. Any land use requiring regulatory approval by the elected
governing body of the applicable party in the Urban Growth Area except for an
amendment to a plat or a down-zoning, neither of which creates any additional lots and
except for a Recorded Exemption or Subdivision Exemption. Existing agricultural uses,
which are lawful uses, either as uses by right under the Weld County Zoning Ordinance,
as amended, or as legally existing non-conforming uses, are also exempt from the
definition of"Development".
2.2 Non-Urban Development. Land uses which typically do not require
services such as central water and sewer systems, road networks, park and recreation
services, storm drainage, and the like, and which are generally considered to be rural in
nature, expressly including land used or capable of being used for agricultural
production and including developments which combine clustered residential uses and
agricultural uses in a manner that the agricultural lands are suitable for farming and
ranching operations for the next forty years.
2.3 MUNICIPAL Referral Area. The area located outside of but within three
miles of the MUNICIPALITY's municipal boundaries.
2.4 Urban Development. Development which is characterized by
development density typical to urbanized areas and requires support services such as
central water and sewer systems, road networks, park and recreation facilities and
programs, storm drainage, and other similar services which are typically furnished by
MUNICIPALITY.
2.5 The Urban Growth Area is hereby established and shall consist of all
lands designated as "Primary Urban Growth Area" 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 = e
Comprehensive Development Plan adopted and implemented pursuant to C.R.S. § 29-20- � C'
105(2). Following the execution of this Agreement by both parties, COUNTY Development — ea CI
approvals in the MUNICIPALITY's Referral area will be processed and determined in _� g
accordance with the following: as
3.1 Referral. The COUNTY will refer all proposals for Development withinia 3
the MUNICIPAL Referral Area to the MUNICIPALITY for its review and mom.
recommendation. Such referral will include at least a copy of the written Development o
proposal and preliminary COUNTY staff summary of the case. The COUNTY will allow woe
not less than twenty-one (21) days for the MUNICIPALITY to review same and furnish a
its recommendations to COUNTY staff prior to formulation of the COUNTY staff o
recommendation. If the MUNICIPALITY does not respond within such time, COUNTY .m.•o
staff may proceed with its recommendation, but any MUNICIPALITY comment or �Qo
recommendation received on or before the Thursday next preceding the meeting of the —"-2 NQ
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 Development in such areas, the COUNTY will apply its Comprehensive Plan
and zoning and subdivision ordinances, and, where appropriate, the MUD Plan.
3.3 Development in Urban Growth Area. The following shall apply to
proposed Development in the Urban Growth Area:
(a) Upon receipt of any proposal for Development of property then
currently eligible for voluntary annexation to the MUNICIPALITY, the COUNTY
will, in writing, notify the proponent of the opportunity for annexation and notify
the MUNICIPALITY of the proposal. The COUNTY will, upon considering such
proposal for Development, require that the applicant have contacted the
MUNICIPALITY to discuss the possibility of annexation.
(b) The MUNICIPALITY will require extension of sanitary sewer
service to property in the Urban Growth Area, subject to its rules and regulations,
which include provisions requiring a written contract for extraterritorial service
and the construction of new mains and other facilities necessary to serve the
property with costs assessed in accordance with the MUNICIPALITY'S rules and
regulations. MUNICIPALITY agrees to give notice of any proposed change in
said rules and regulations to COUNTY 21 days prior to adoption.
(c) If The MUNICIPALITY provides municipal water service to
property 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 August 14, 1989, the MUNICIPALITY shall exercise its
obligations under this agreement consistent with the terms of the Water Service
Agreement. The MUNICIPALITY will negotiate 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 North Weld County Water District, 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.
I 111111 11111 111111 111111 IIII till 11111 III IIIII IIII IIII
3 2743674 01/11/2000 03:49P JA Saki Tsukamoto
5 of 10 R 0.00 D 0.00 Weld County CO
(e) The COUNTY will not grant any waiver of current Municipal street
standards for any Development without the consent of the MUNICIPALITY.
(f) To the extent legally possible, as determined by the COUNTY, the
COUNTY will deny proposals for Non-Urban Development in the Urban Growth
Area. Nothing in this subsection shall restrict the COUNTY from approving, by
means of a process such as recorded exemption or subdivision exemption, the
isolated partition or division of ownership parcels located in the Urban Growth
Area having existing residential improvements served by septic systems,
regardless of the size of resulting lots. Nevertheless, the COUNTY will not
permit such a concentration of such divisions in any particular area as will
frustrate or materially hinder the evolution of genuine Urban Development, as
defined in § 2.4 of this Agreement, in the Urban Growth Area. Furthermore, the
County shall not be restricted from allowing the expansion of legally existing non-
urban uses provided adequate protection for future urban uses is included in any
such approval.
(g) If any MUNICIPALITY recommendation of disapproval of a
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 (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 (Hi) that the MUNICIPALITY'S
anticipated zoning classification of the property is unreasonable because of
existing or planned uses of adjacent property. The MUNICIPALITY 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.
(h) The parties anticipate that 113.3 (e)-(g) will be addressed in more
detail if a Mutually Acceptable Plan is considered and adopted for the UGA or
the referral Area.
010 SS=
3.4 Mutuality of Impact Consideration. The parties recognize that
decisions by one party regarding development may impact property outside of each
a particular jurisdiction. The parties agree that those jurisdictional boundaries will not be
j0 0 the basis for giving any greater or lesser weight to those impacts during the course of
o,.
o;es deliberations.
oo�
c a� 3.5 Referrals to County. The MUNICIPALITY will refer proposals for
0
=-es Development which lie within 500 feet of any property in unincorporated Weld County to
p= the COUNTY for its review and recommendation. Such referral will include at least a
v copy of the written Development proposal. The MUNICIPALITY will allow not less than
a(-= twenty-one (21) days for the COUNTY to review same and furnish its recommendations
y� to MUNICIPALITY. If the COUNTY submits no comment or recommendation the
1 MUNICIPALITY may assume it has no objection to the proposal. If the COUNTY
c+-�— submits recommendations, the MUNICIPALITY will either include within its written
Es decision the reasons for any action taken contrary to the same or furnish such reasons
o
to the COUNTY by a separate writing. Where the DEVELOPMENT is proposed as part
S'Is 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
4
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, or (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. The COUNTY shall be
given notice of, and may appear and be heard at any hearing or other proceeding at
which the MUNICIPALITY will consider such issues.
4. ANNEXATION.
4.1 The MUNICIPALITY will give serious consideration to all petitions for
annexation of lands within the Urban Growth Area and will consider, in any
determination to annex such properties, without limitation, the following factors: (i) the
extension of one or more municipal services to the area would place an unreasonable
economic burden on the existing users of such services or upon the future residents or
owners of property in the area itself; (ii) the area is not reasonably contiguous in fact to
the MUNICIPALITY's existing boundaries, and its annexation would result in
disconnected municipal satellites.
4.2 The MUNICIPALITY will not annex properties located outside the Urban
Growth Area unless such property is both eligible for annexation and is necessary to the
MUNICIPALITY for municipal purposes such as utilities.
4.3 To the extent legally possible the MUNICIPALITY will annex the full width
of each 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 of way.
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.
111111111111111111111111111 till IIIII III 111111111111
2743674 01/11/2000 03:49P JA Suki Tsukamoto 5
7 of 10 R 0.00 D 0.00 Weld County CO
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 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, 2002.
The parties shall review the Agreement in June, 2002, 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.
I IIIIII IIIII IIIIII IIIIII IIII IIIIII 11111 III I'l1I I'll IIII
2743674 01/11/2000 03:49P JA Sukl Tsukamoto 6
8 of 10 R 0.00 D 0.00 Weld County CO
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date first above written.
BOARD OF COUNTY COMMISSIONERS
OFCOUNTY OF ELD
By. 4 /t
ei
LiteDale K. Hal , airman (/' a0/99)
ATTEST. ► i/;�;:,;..;t A
Weld County Clerk tot �o.‘�� • /�� yfai.' ( LA_ . ...
, ` �� ` :arbara J. Kirkmeyer, •ro Tem/
By: �_ace: fetZi• ara rim
Deputy Clerk to th:L o. l S ;3 _� c.
5 ' I Geor.e E axter
���1 •Iy: /C4
p1�' M. J. eile
By: 24 '"c1(i�
Glenn Vaad
TOWN or Cj
TY of EATON, C LORADO
By '/ A
. Wayne s , Mayor
ATTEST: �N - Fq�
.., y
By: 6 • $ Ja i. '� . .
Erika C. Bagley, Townleipk
i
tltt C... sFm....:.p.
� 91-O R P*n
�Rs;s
•
Hill 11111 111111 lilt Mill III 11111 liii liii
2743674 01/11/2000 03:49P JA Suki Tsukamoto
9 of 10 R 0.00 D 0.00 Weld County CO 7
Map 5:
PLANNING BOUNDARIES
SH14 •Lilt
I.
Comprehensive
r Plan Area
WCF 80
•
, / ,`,`,`/\`` CP= Existing Town
::', , .,s Boundaries '.',',
/` , •-• ,,, , ,`,`,`
/
▪ .',',`.MICR 76 • , / /
• /`/`/ `/`/`, \, /�/ `/`,/`:
/`. / / `/`,/`/T
\' • \'\ _ 'N
•
/ . . f•WCR74' i• ; \.`� `, /``
y, c Urban Growth Area
',':,`;:. . ':.'.'w \ .• (See Com rehensive Plan
I ' / / ' ' ' ' ,,,, ��‘ .' \ Map for Details)
iii
�, 2,0Z 2ft.A
C.1 to
a: rt / ,I
S , ,`�.iNCR 70" 3.`,`,`: `- `, 0
3 s
' /` , .
Non-Urban
Agricultural This mao is lei planning Uses Proposed forP guse and
p not intended for legal purposes.
the Area Land ownership patterns are Scale of Miles
Outside the Urban generalized and nor intended OS
Growth Boundary for parcel specific accuracy. North MIMIMMIIIIIIiii2
EXHIBIT "A"
1 11111111111111111 111111 liii 11111111111 III 111111111 I"I
2743674 01/11/2000 03:49P JA Suki Tsukamoto
10 of 10 R 0.00 D 0.00 Weld County CO
Hello