HomeMy WebLinkAbout20231159.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-05 was introduced on
first reading on April 24, 2023, and a public hearing and second reading was held on May 15,
2023. A public hearing and final reading was completed on June 5, 2023, 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, exhibits 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 within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weld.gov). Email messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your email
correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2023-05
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 19
Coordinated Planning Agreements of the Weld County Code
Effective Date: June 16, 2023
Board of County Commissioners
Weld County, Colorado
Dated: June 8, 2023
Published: June 11, 2023, in the Greeley Tribune
NOTICE OF
FINAL READING OF ORDINANCE
gesidc�weldgov.
Matter of Repealing and Reenacting, with
19 Coordinated Planning Agreements of
2023
issioners
23, in the Greeley Tribune - 1482682
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Agent , being first duly sworn
under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Gree/ey Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks in Weld County and
meets the legal requisites fora legal newspaper
under Colo. Rev. Stat. 24.70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
Jun 11, 2023
\[\•-,
Signature (1-34.—.1
and sworn o me b fore me thisiStNed
day of V t ,��[��'
(SEAL)
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
Account: 1099690
Ad Number: 1982682
Fee: $14.50
02,2.3-1159
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-05 was introduced on
first reading on April 24, 2023, and a public hearing and second reading was held on
May 15, 2023, 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, located within the Weld County
Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 5, 2023. 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) 400-4225, or fax (970) 336-7233,
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, exhibits 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 within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weld.gov). Email messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your email
correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2023-05
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 19
Coordinated Planning Agreements of the Weld County Code
Date of Next Reading: June 5, 2023, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: May 18, 2023
Published: May 21, 2023, in the Greeley Tribune
72t -116
N6TICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weid County Home Rule Charter, Ordinance
Number 2023.05 was introduced on first reading on April 24,
2023, and a public hearing and second reading was held on Mayy
15, 2023, with no change being made to the text of said Or e
once. Apublic hearing and third reading is scheduled to be
held in the Chambers of the Board, located within the Weld
County Administration Building, 1150 0 Street, Greeley, Colorado
latter of Repealing and Reenacting, with
19 Coordinated Planning Agreements of
tune , 223, at 9:00 a.m.
issioners
3, in the Greeley Tribune - 1977763
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Aoent , being first duly sworn
under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks in Weld County and
meets the legal requisites fora legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Gree/ey Tribune
in Weld County on the following date(s):
May 20, 2023
Signature
Ned and swo n to
II
day of �J
Solon me this, 0
Notary
(SEAL)
Public
MY
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
COMMISSION EXPIRES July 31, 2025
Account: 1099690
Ad Number: 1977763
Fee: $18.00
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-05 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
April 24, 2023. A public hearing and second reading is scheduled to be held in the Chambers of
the Board, located within the Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631, on May 15, 2023. 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) 400-4225, or fax (970) 336-7233,
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, exhibits 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 within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weld.gov). Email messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your email
correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2023-05
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 19
Coordinated Planning Agreements of the Weld County Code
Date of Next Reading: May 15, 2023, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: April 27, 2023
Published: April 30, 2023, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2023-05
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19
COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE
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
2023-1159
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 19 Coordinated Planning Agreements of the
Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as
follows.
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
Repeal ARTICLE XVI Gilcrest Plan, in its entirety and re-enact with the following:
ARTICLE XVI Gilcrest Plan
Sec. 19-16-1D. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
16th day of June, 2023, A.D., between the County of Weld, State of Colorado, whose address is
1150 O Street, Greeley, Colorado 80631, hereinafter called the "COUNTY," and the TOWN OF
GILCREST, a Colorado municipal corporation, whose address is P.O. Box 1122, Gilcrest,
Colorado 80623, hereinafter called the "MUNICIPALITY." The COUNTY and MUNICIPALITY are
hereinafter sometimes referred to individually as "party" and collectively as "the parties.
Sec. 19-16-20. Recitals.
A. COUNTY exercises governmental authority regulating land use, growth and development
within the unincorporated areas of Weld County, Colorado, which areas include lands
surrounding MUNICIPALITY; and
B. MUNICIPALITY exercises governmental authority with respect to land use, growth, and
development within its municipal boundaries and regarding its annexations, and has
demonstrated the capability of providing municipal services and facilities (including water
and sewer services based on the municipality's code and/or other municipal service policies)
within the THREE (3) MILE AREA, as defined herein; and
C. Title 29, Article 20 of the Colorado Revised Statutes, grants broad authority to local
governments to plan for and regulate development and the use of land within their respective
jurisdictions, accomplishing such activities through public processes that respect, protect,
and promote private property rights; and
D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages local
governments to cooperate and contract with each other for the purpose of planning and
regulating the development of land by the joint and coordinated exercise of planning, zoning,
subdivisions, building, and related regulatory powers; and
E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate that the
joint and coordinated exercise by the COUNTY and MUNICIPALITY of their respective
planning, zoning, subdivision, building and related regulatory powers in such areas will best
promote the objectives stated in this CPA; and
F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan,
set forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which
encourages the establishment of intergovernmental agreements concerning growth areas
with each municipality in Weld County.
Sec. 19-16-30. Purposes and objectives.
The purpose of this CPA 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 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 of the parties and to achieve
maximum efficiency and economy in the process of development. However, any action taken
pursuant to this CPA that pertains to any land within MUNICIPALITY, for incorporated areas, and
within COUNTY, for unincorporated areas, is subject to exclusive final approval by the governing
body of MUNICIPALITY or COUNTY, respectively.
Sec. 19-16-40. Definitions.
For the purposes of this CPA the following terms shall be defined as set forth herein:
DEVELOPMENT. Any land use requiring regulatory approval by the elected governing body
of the applicable party in the THREE (3) MILE 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 Code, or as legally existing non -conforming uses, are also exempt
from the definition of "DEVELOPMENT."
THREE (3) MILE AREA. The area within three (3) miles of MUNICIPALITY'S boundary,
as described in C.R.S. § 31-12-105(1)(e)(l).
Sec. 19-16-50. Planning coordination.
This CPA 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 CPA by both parties,
applications to COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
processed and determined in accordance with the following:
A. Referral. COUNTY shall refer all proposals for DEVELOPMENT within the THREE (3) MILE
AREA to 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. COUNTY shall allow not less than twenty-one (21) days for
MUNICIPALITY to review the referral 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
immediately preceding the meeting of the Board of County Commissioners or Planning
Commission when the matter shall be considered shall be transmitted to the Board or
Commission. If the MUNICIPALITY submits no comment or recommendation, COUNTY may
assume it has no objection to the proposal. If MUNICIPALITY submits recommendations,
COUNTY shall either include within its written decision the reasons for any action taken
contrary to the same or furnish such reasons to MUNICIPALITY by a separate writing.
MUNICIPALITY shall be given notice of, and may appear and be heard at, any hearing or
other proceeding at which COUNTY shall consider a DEVELOPMENT subject to the
foregoing referral process.
B. Development Within THREE (3) MILE AREA. Upon receipt of any proposal for
DEVELOPMENT within the THREE (3) MILE AREA then currently eligible for voluntary
annexation to MUNICIPALITY, COUNTY shall, in writing, at time of a pre -application with the
Department of Planning Services, notify the proponent of the opportunity for annexation. The
Director of Planning Services shall, in writing, notify MUNICIPALITY's mayor and his or her
designee of the proposal. MUNICIPALITY shall have twenty-one (21) days following contact
by the proponent, which shall be documented in writing (with a copy to COUNTY), to notify
COUNTY in writing that MUNICIPALITY and the applicant have agreed to the terms of a
pre -annexation agreement. COUNTY shall not process any application until the completion
of said twenty-one (21) days, or until COUNTY receives notification from the MUNICIPALITY
that a pre -annexation agreement between MUNICIPALITY and the applicant will not be
pursued, whichever occurs sooner. If no such notification is received by COUNTY during
said twenty-one (21) days, processing of the application shall continue by COUNTY to
completion.
C. Mutuality of Impact Consideration. The parties recognize that decisions by one party
regarding development may impact property outside of its jurisdiction. The parties agree that
those jurisdictional boundaries shall not be the basis for giving any greater or lesser weight
to those impacts during the course of deliberations.
D. Referrals to County. MUNICIPALITY shall refer proposals for DEVELOPMENT which lie
within 500 feet of any property in unincorporated Weld County to COUNTY for its review and
recommendation. Such referral shall include at least a copy of the written Development
proposal_ MUNICIPALITY shall allow not less than twenty-one (21) days for COUNTY to
review the same and furnish its recommendations to MUNICIPALITY. If COUNTY submits
no comment or recommendation MUNICIPALITY may assume it has no objection to the
proposal_ If COUNTY submits recommendations, MUNICIPALITY shall either include within
its written decision the reasons for any action taken contrary to the same or furnish such
reasons to 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 MUNICIPALITY with the notice and impact report provisions of
the most current version of the Municipal Annexation Act then in effect. COUNTY shall be
given notice of, and may appear and be heard at, any hearing or other proceeding at which
MUNICIPALITY shall consider a DEVELOPMENT subject to the foregoing referral process.
Sec. 19-16-60. Implementation of CPA.
Following the mutual execution of this CPA, each party shall promptly enact and implement
such amendments to its existing regulations as may be necessary to give effect to the provisions
of Section 19-16-50. Each party shall have sole and exclusive discretion to determine such
measures and any new ones enabling it to perform this CPA. 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
CPA promptly are given and received with mutual recognition and understanding of the legislative
processes involved, and such covenants shall be liberally construed in light thereof.
Sec. 19-16-70. Establishment of common development standards.
MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this CPA,
attempt to agree to establish common development standards within designated areas, which
may include areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA.
Common development standards should include, but not be limited to, roadways (types, widths,
horizontal design, access and spacing) and drainage (on -site, off -site, discharge, easements, and
regional facilities).
Sec. 19-16-80. Miscellaneous provisions.
A. Severability. Should any one or more sections or paragraphs of this CPA be judicially
determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining provisions of this CPA, 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 CPA should continue as modified, or if the CPA
should be terminated.
B. Termination. This CPA will continue in effect a period of one year from the date first written
above, and shall be renewed automatically thereafter for successive one (1) year periods.
Notwithstanding the foregoing, however, either party may terminate this CPA by giving at
least twelve (12) months' written notice thereof to the other party.
C. Amendment. This CPA may be amended only by a writing executed by the parties and
adopted according to the same procedures as the original adoption (requiring the written
consent of the amendment by both parties and compliance with the procedures detailed in
Sections D. and E. below).
D. Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s) consider this CPA for
adoption upon published notification. MUNICIPALITY shall provide a complete record of such
public hearing(s) to COUNTY for review prior to the start of COUNTY's adoption process
detailed in Section E. below.
E. Adoption by COUNTY. COUNTY shall, upon published notification, consider this CPA for
adoption and amendment to Chapter 19 of the Weld County Code. In the course of such
adoption process, COUNTY shall review the complete record of the public hearing(s) held by
MUNICIPALITY wherein it considered this CPA for adoption. The effective date of this CPA
shall be its effective date of amendment to the Weld County Code.
F. Reserved Rights. Nothing herein shall be construed to limit any procedural or substantive
rights afforded a party under law respecting the matters that are the subject of this CPA,
including without limitation any rights of referral, participation or judicial review related to any
land use or development procedure or approval of the other party, which rights are hereby
reserved to each party.
G. Enforcement. Either party may enforce this CPA by an action for specific performance,
declaratory and/or injunctive relief, or other equitable relief. The parties agree the remedies
for enforcement hereof are limited to non -monetary relief, and each party hereby waives any
right to seek damages for any violation of this CPA. No other person or entity shall have any
right to enforce the provisions of this CPA.
Delete Appendices 19-A, 19-B, 19-E, 19-L, 19-M and 19-P and designate "Reserved".
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
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.
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
I, the undersigned agent, of said County of Weld,
being duly sworn, say that I am an advertising
clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
30th day of April A D 2021 and the last
publication thereof in the issue of said newspaper
bearing the date of the 30th day of April A D 2023
has been published continuously and
uninterruptedly during the period of at least six
months next prior to the first issue thereof
contained said notice or advertisement above
referred to; that said newspaper has been admitted
to the United States mails as second-class matter
under the provisions of the Act of March 3,1879,
or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Agent
Subscribed and sworn to before me
this `9( day of May, 2023 in the
County of Weld, State of Colorado.
Acct #:1099690
AD #: 1972909
Cost: $190.50
Not. Public
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-05 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on April 24,
2023. A public hearing and second reading is scheduled to be held in the Chambers of the Board,
located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631,'
on May 15, 2023. All persons in any manner interested in the reading of said Ordinance are re
quested to attend and maybe heard. Please contact the Clerk to the Board's office at phone (970)
400-4225, or fax (970) 336-7233, 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„
exhibits 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, lo-
cated within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between
the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld
County Web Page (www.weld.gov). Email messages sent to an individual Commissioner may not
be included in the case file. To ensure inclusion of your email correspondence into the case file,
please send a copy to egesick@weld.gov.
Ordinance No. 2023-05
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 19 Coordi-
I nated Planning Agreements of the Weld County Code
Date of Next Reading: May 15, 2023, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: April 27, 2023
Published: April 30, 2023, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2023-05
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINAT-
ED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE
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 ad-
ministering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code
Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codifica-
tion of all previously adopted ordinances of a general and permanent nature enacted on or before
said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to proce-
dures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld,
State of Colorado, that Chapter 19 Coordinated Planning Agreements of the Weld County Code be,
and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
Repeal ARTICLE XVI Gilcrest Plan, in its entirety and re-enact with the following:
ARTICLE XVI Gilcrest Plan
Sec.19-16-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
16th day of June, 2023, A.D., between the County of Weld, State of Colorado, whose address is
'1150 O Street, Greeley, Colorado 80631, hereinafter called the "COUNTY," and the TOWN OF
GILCREST, a Colorado municipal corporation, whose address is P.O. Box 1122, Gilcrest, Colorado
80623, hereinafter called the "MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter
sometimes referred to individually as "party" and collectively as "the parties.
Sec. 19-16-20. Recitals.
A. COUNTY exercises governmental authority regulating land use, growth and development
within the unincorporated areas of Weld County, Colorado, which areas include lands sur
rounding MUNICIPALITY; and
B. MUNICIPALITY exercises governmental authority with respect to land use, growth, and
development within its municipal boundaries and regarding its annexations, and has
demonstrated the capability of providing municipal services and facilities (including water
and sewer services based on the municipality's code and/or other municipal service policies)
within the THREE (3) MILE AREA, as defined herein; and
. Title 29, Article 20 of the Colorado Revised Statutes, grants broad' authority to local
governments to plan for and regulate development and the use of land within their
respective jurisdictions, accomplishing such activities through public processes that respect,
protect, and promote private property rights; and
D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages local
governments to cooperate and contract with each other for the purpose of planning and
regulating the development of land by the joint and coordinated exercise of planning, zoning,
subdivisions, building, and related regulatory powers; and
E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate that the joint
aed coordinated exercise by the COUNTY and MUNICIPALITY of their respective planning,
zoning, subdivision, building and related regulatory powers in such areas will best promote
the objectives stated in this CPA; and
F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan, set
forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which
encourages the establishment of intergovernmental agreements concerning growth areas
with each municipality in Weld County.
Sec. 19-16-30. Purposes and objectives.
The purpose of this CPA is to establish procedures and standards pursuant to which the par-
ties will move toward greater coordination in the exercise of their land use and related regulatory
powers within unincorporated areas surrounding 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 of the parties and to achieve maximum efficien-
cy and economy in the process of development. However, any action taken pursuant to this CPA
that pertains to any land within MUNICIPALITY, for incorporated areas, and within COUNTY, for
unincorporated areas, is subject to exclusive final approval by the governing body of MUNICIPALI-
TY or COUNTY, respectively.
Sec. 19-16-40. Definitions.
For the purposes of this CPA the following terms shall be defined as set forth herein:
DEVELOPMENT Any land use requiring regulatory approval by the elected governing body of
the applicable party in the THREE (3) MILE AREA, except for an amendment to a plat or a down -
zoning, neither of which creates any additional lots, and except fora Recorded Exemption or Sub-
division Exemption. Existing agricultural uses, which are lawful uses, either as uses -by -eight un
der the Weld County Code, or as legally existing non -conforming uses, are also exempt from the
definition of "DEVELOPMENT."
THREE(3)M/LEAREA. The area within three (3) miles of MUNICIPALITY'S boundary, as descri-
bed in C.R.S. § 31-12-305(1)(e)(I).
Sec. 19-16-50. Planning coordination.
This CPA 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 CPA by both parties, applications
to COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be processed and determined
in accordance with the following:
A. Referral. COUNTY shall refer all proposals for DEVELOPMENT within the THREE (3) MILE
AREA to 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. COUNTY shall allow not less than twenty-one (21) days for MUNICIPALITY to review the
referral 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 immediately preceding the meeting of
the Board of County Commissioners or Planning Commission when the matter shall be
considered shall be transmitted to the Board or Commission. If the MUNICIPALITY submits no
comment or recommendation, COUNTY may assume it has no objection to the proposal. If
MUNICIPALITY submits recommendations, COUNTY shall either Include within its written
decision the reasons for any action taken contrary to the same or furnish such reasons to
MUNICIPALITY bay
a separate writing. MUNICIPALITY shall be WIT
iven notice of, and may appear
and be heard at, any hearing or other proceeding at which COUNTY shall consider a
DEVELOPMENT subject to the foregoing referral process.
Development Within THREE (3) MILE AREA. Upon receipt of any proposal for DEVELOPMENT
within the THREE (3) MILE AREA then currently eligible for voluntary annexation to
MUNICIPALITY, COUNTY shall, in writing, at time of a pre :application with the Department of
Planning Services, notify the proponent of the opportunity for annexation. The Director of
Planning Services shall, in writing, notify MUNICIPALITY's mayor and his or her designee of
the proposal. MUNICIPALITY shall have twenty-one (21) days following contact by the
proponent, which shall be documented in writing (with actpy to COUNTY), to notify COUNTY
m writing that MUNICIPALITY and the applicant have agreed to the terms of a pre annexation
agreement. COUNTY shall not process any application until the completion of said twenty-
one (21) days, or until COUNTY receives notification from the MUNICIPALITY that a pre -
annexation agreement between MUNICIPALITY and the applicant will not be pursued, which
ever occurs sooner. If no such notification is received by COUNTY during said twenty-one
(21) days, processing of the application shall continue by COUNTY to completion.
C. Mutuality of Impact Consideration. The parties recognize that decisions by one party
regarding development may impact property outside of its jurisdiction. The parties agree
that those jurisdictional boundaries shall not be the basis for giving any greater or lesser
weight to those impacts during the course of deliberations.
D. Referrals to County. MUNICIPALITY shall refer proposals for DEVELOPMENT which lie within
500 feet of any property in unincorporated Weld County to COUNTY for its review and
recommendation. Such referral shall include at least a copy of the written Development
proposal. MUNICIPALITY shall allow not less than twenty-one (21) days for COUNTY to
review the same and furnish its recommendations to MUNICIPALITY. If COUNTY submits no
comment or recommendation MUNICIPALITY may assume it has no objection to the proposal.
If COUNTY submits recommendations, MUNICIPALITY shall either include within its written
decision the reasons for any action taken contrary to the same or furnish such reasons to
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 MUNICIPALITY with the notice and impact report provisions of the most
current version of the Municipal Annexation Act then in effect. COUNTY shall be given notice
of, and may appear and be heard at, any hearing or other proceeding at which MUNICIPALITY
shall consider a DEVELOPMENT subject to the foregoing referral process.
Sec. 19-16-60. Implementation of CPA.
Following the mutual execution of this CPA, each party shall promptly enact and implement
such amendments to its existing regulations as may be necessary to give effect to the provisions
of Section 19-16-50. Each party shall have sole and exclusive discretion to determine such meas-
ures and any new ones enabling it to perform this CPA. Each party's land use regulations, as refer-
red 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 CPA
promptly are given and received with mutual recognition and understanding of the legislative
processes involved, and such covenants shall be liberally construed in light thereof.
Sec. 19-16-70. Establishment of common development standards.
MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this CPA, at-
tempt to agree to establish common development standards within designated areas, which may
include areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA. Com-
mon development standards should include, but not be limited to, roadways (types, widths, hori-
zontal design, access and spacing) and drainage (on -site, off -site, discharge, easements, and re-
gional facilities).
Sec. 19-16-80. Miscellaneous provisions.
A. Severability. Should any one or more sections or paragraphs of this CPA be judicially
determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining provisions of this CPA, 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 CPA should continue as modified, or if the CPA
should be terminated.
B. Termination. This CPA will continue in effect a period of one year from the date first written
above, and shall be renewed automatically thereafter for successive one (1) year periods.
Notwithstanding the foregoing, however, either party may terminate this CPA by giving at
least twelve (12) months' written notice thereof to the other party.
C. Amendment. This CPA may be amended only by a writing executed by the parties and
adopted according to the same procedures as the original adoption (requiring the written
consent of the amendment by both parties and compliance with the procedures detailed in
Sections D. and E. below).
D. Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearings) consider this CPA for
adoption upon ppublished notification. MUNICIPALITY shall provide a complete record of such
public hearings) to COUNTY for review prior to the start of COUNTY'S adoption process
detailed in Section E. below.
E. Adoption by COUNTY. COUNTY shall, upon published notification, consider this CPA for
adoption and amendment to Chapter 19 of the Weld County Code. In the course of such
adoption process, COUNTY shall review the complete record of the public hearing(s) held by
MUNICIPALITY wherein it considered this CPA for adoption. The effective date of this CPA
shall be its effective date of amendment to the Weld County Code.
F. Reserved Rigghts. Nothing hereIra?'
n shall be construed to limit any procedural or substantive
rights afforded a party under law respecting the matters that are the subject of this CPA,
including without limitation any rights of referral, participation or judicial review related to
any land use or development procedure or approval of the other party, which rights are here
by reserved to each party.
G. Enforcement. Either party may enforce this CPA by an action for specific performance,
declaratory and/or injunctive relief, or other equitable relief. The parties agree the remedies
for enforcement hereof are limited to non -monetary relief, and each party hereby waives any
right to seek damages for any violation of this CPA. No other person or entity shall have any
right to enforce the provisions of this CPA.
Delete Appendices 19-A, 19-B, 19-E, 19-L, 19-M and 19-P and designate "Reserved".
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to
arrange for Municode to supplement the Weld County, Code with the amendments contained here-
in, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist
within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and num-
bering or placement of chapters, articles, divisions, sections, and subsections in said Code.
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 sec-
tions, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconsti-
tutional or invalid.
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