HomeMy WebLinkAbout20231160.tiffCHAPTER 19 - Coordinated Planning Agreements
ARTICLE XVI Gilcrest Plan
ARTICLE XVI Gilcrest Plan
Sec. 19-16-10. Introduction.
This Coordinated Planning Agreement ("CPA"
is made and entered into effective as of the [effective date],
day of ,2023, A.D. between the County of Weld, State of Colorado, whose address is,1150 O Street,3reeley, CO
480631, hereinafter called the "COUNTY," and the TOWN OF GILCREST, a Coloradolnunicipal corporation, whose
address is,PO Box 1122, Gilcrest, CO 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 he unincorporated
areas of Weld County, Colorado, which areas include lands surrounding,,MUNICIPALITY; and
B. JVIUNICIPALITY exercises governmental authority,with respect to land use, growth, and development within _
its municipal boundaries,and regarding its annexations, andJas demonstrated the capability of providing
municipal services and facilitiessincluding 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 20pf 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 2Rof 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 andJVIUNICIPALITY of their respective planning, zoning, subdivision, budding and
related regulatory powers in such areas will best promote the objectives stated in thisfPA; and, , '
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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 CPAs 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 inhabitants
of the partiesrand to achieve maximum efficiency and economy in the process of development. However, any -
action taken pursuant to this CPA, hat 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.
Weld County, Colorado, Charter and County Code
(Supp. No. 80)
Page 1 of 4
Created: 2023-03-86 12:00:30 [EST)
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[Deleted: April
l Deleted: 2005
Deleted: 915 10th
fDeleted: P.O. Box 758,
{ Deleted: 80632
f Deleted: Municipality
Deleted: 304 Eighth Street, P.O. Box 128
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Deleted: over the same matters
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Deleted: is able to provide
tDeleted: for efficient and desirable urban development
IDeleted: In
ILI- Deleted: , C.R.S., the General Assembly of the State of
Colorado has granted ...
.f Deleted: the L Deleted: In said
Deleted: , C.R.S., the General Assembly has further
authorized and encouraged...
Deleted: Existing and anticipated pressures
{ Deleted: areas surrounding the
Deleted: the
. l Deleted: Agreement
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Deleted: Agreement
- -Deleted: the
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- Deleted: thereof by reducing the waste of physical,
financial and human resources which results from either
excessive congestion or excessive scattering of population,
Deleted: Agreement
Deleted: the municipality
Deleted: the county
Deleted: the municipality or county
2023-1160
Sec. 19-16-40. Definitions.
For the purposes of this LPA,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,xcept 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. § 31-12-10511.)(e)(I)vSec. 19-16-50. Planning coordination.
This CPAjs 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,py both parties, applications to COUNTY for DEVELOPMENT '
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within the THREE (3) MILE AREA shallpe processed and determined in accordance with the following: '
A. Referral.,COUNTY shall;efer all proposals for DEVELOPMENTyvithin the THREE (3) MILE AREA,to
pIUNICIPALITY for its review and recommendation. Such referral will include at least a copy of the written
DEVELOPMENTproposal and preliminary COUNTY staff summary of the case.,4OUNTY shall,allow not less
than twenty-one (21) days forJVIUNICIPALITY to review the referralpind 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 immediatel •receding the meeting of the
Board of County Commissioners or Planning Commission when he matter shall •e considered shall •e
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 shalltither include within its written decision the reasons for any action taken contrary to the same
or furnish such reasons toplUNICIPALITY 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,
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4_Delete& Agreement,
Deleted: Development... Any land use requiring regulatory
approval by the elected governing body of the applicable
party in the THREE (3) MILE AREA, 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 Codeuses by right under
Chapter 23 of this Code... or as legally existing non -
conforming nonconforming
Deleted: Development.
Formatted: Font Not Italic
Deleted: as defined by Colorado Revised Statutes,...ithin
three (3) miles of MUNICIPALITY'S boundary, as described in
'. C.R.S. § 31-12-105.1.E.
,
[Formatted: Font: Not Italic
1-... [2]
Deleted: MUNICIPAL Referral Area. The area located
outside of but within three (3) miles of the MUNICIPALITY's
municipal boundaries. ¶
Non -Urban Development. Developments comprised of nine
(9) or fewer residential lots, located in a Non -Urban Area as
defined in Chapter 22 of this Code, not adjacent to other
PUDs, subdivisions, municipal boundaries or urban growth
corridors. Non -Urban Development shall also include land
used or capable of being used for agricultural purposes,
including development which combines clustered
residential uses and agricultural uses in a manner that the
agricultural lands are suitable for farming and ranching
operations for the next forty (40) years. Non -Urban
Development on public water and septic systems may have
a minimum lot size of one (1) acre and an overall gross
density of two and one-half (234) acres per septic system.
Non -Urban Development proposing individual, privat
[3]
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Mutuality of Impact Consideration. The parties recognize that decisions by oneparty regarding development
may impact property outside ofd 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.
Referrals to County. MUNICIPALITY shalljefer proposals for DEVELOPMENTewhich lie within,504feet of any
property in unincorporated Weld County to COUNTY for its review and recommendation. Such referral shall
Lnclude at least a copy of the written Development proposal.,,MUNICIPALITY shallallow not less than twenty-
one (21) days for,COUNTY to review the same and furnish its recommendations to,MUNICIPALITY. If$ OUNTY
(Supp. No. 80)
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Created: 2023-83-06 12:08:30 [EST]
v
Deleted: Agreement ...s intended to be a Comprehensive
Development Plan adopted and implemented pursuant to
C.R.S. § 29-20-105(2)Section 29-20-105(2), C.R.S... Follt [4]
Deleted: The ...OUNTY shall will ...efer all proposals for
DEVELOPMENT Development ...ithin the THREE (3) MILE
AREA MUNICIPAL Referral Area ...o the ...UNICIPALIT`
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Formatted: Indent: Left: 0", Hanging: 0.3.,
Deleted: outside Urban Growth Area... Upon receipt of
any proposal for DEVELOPMENT within the THREE (3) MILE
AREA then currently eligible for voluntary annexatiorf [6]
Deleted: C. Development in Urban Growth Area. The
following shall apply to proposed Development in the
Urban Growth Area: ¶ i [7]
Deleted: E.... Referrals to County. The ...UNICIPALITY
shall will ...efer proposals for DEVELOPMENT Development
which lie within five hundred (...00)...feet of any prop( [8]
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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, , {
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submits no comment or recommendatiort,(NIUNICIPALITY may assume it has no objection to the proposal. If - - - Deleted: ,
,COUNTY submits recommendations,Jv1UNICIPALITY shallcither 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 ;; Deleted: the
the DEVELOPMENT,js proposed as part of an annexation of more thanl4acres, the provisions of this section
shall be deemed satisfied by compliance bypilUNICIPALITY with the notice and impact feport provisions of '. [ Deleted: the
{ Deleted: the
Deleted: will
Sec. 19-16-60. Implementation of CPAv
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 aregiven 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,pr more sections or paragraphs of this CPApe judicially determined invalid or
unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this CPA, the _ - ;. Formatted: Paragraph 1
intention being that the various sections and paragraphs are severable; provided, however, that the partiesDeleted: Following the mutual execution of this
shall then review the remaining provisions to determine if the CPA,should continue as modified, or if the CPA
,should be terminated. ' _
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c.
Deleted: the
Deleted: Development
Deleted: ten (
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CDeleted: Section
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C
Deleted: Notice
Deleted: statement
Deleted: If any COUNTY recommendation of disapproval
of a Development proposal within five hundred (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 [9]
Deleted: Annexation
Formatted: Indent: Left: 0", First line: 0.3"
rDeleted: A. The MUNICIPALITY will give serious
,( Deleted: Implementation of Agreement
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Termination. This CPApill 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,Jy giving at least twelve (12) months',written notice thereof to
the other party.
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).JJ. 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.
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.
(Supp. No. 80)
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Deleted: B. Enforcement. Either party may seek
[12 -
Deleted: Agreement
Deleted: until July 31, 2005
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LDeleted: sixty (60) days'
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Formatted: Space Before: 2 pt, After: 6 pt
IDeleted: Amendment. Upon the request of either,
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F. Reserved Rights. No ling 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, pa ticipation or judicial review related to any land use or development procedure or
approval of the othc-- 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 cher equitable relief. The parties agree the remedies for enforcement hereof are limited
to non -monetary relef, 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.
(Supp. No. 80)
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CHAPTER 19 - Coordinated Planning Agreements
ARTICLE XVI Gilcrest Plan
ARTICLE XVI Gilcrest Plan
Sec. 19-16-10. Introduction.
96-tsizil"
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the effective date 4th
day of , 20052023, A.D. between the County of Weld, State of Colorado, whose address is 915 10th 1150 O
Street, P.O. Box 758, Greeley, CO 8063-280631, hereinafter called the "COUNTY," and the TOWN OF GILCREST, a
Colorado Municipalitymunicipal corporation, whose address is 304 Eighth Street, P.O. Box 128PO Box 1122,
Gilcrest, CO 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. Mc COUNTY exercises governmental authority regulating land use, growth and development in itsthe
unincorporated areas of Weld County, Colorado, which areas include lands surrounding MUNICIPALITY;
and
B. The MUNICIPALITY exercises governmental authority over the same matters with respect to land use,
growth, and development within its municipal boundaries and regarding its annexations, and is able to
provide has demonstrated the capability of providing municipal services and facilities for efficient and
desirable urban development:including water and sewer services based on the municipality's code and/or
other municipal service policies) within the THREE :3MILE AREA, as defined herein; and
C. In -Title 29, Article 20, C.R.S., t -e eral Assembly of the State of Colorado has granted of the Colorado
Revised Statutes, grants broad authority to local governments to plan for and regulate the 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. In said Title 29, Article 20, C.R.S., tie Genera Assemb y las furtcier aut -iorizec and encourages 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 Existing _ for growth and development in areas surrounding the
MUNICIPALITY and COUNTY 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 AgreementCPA; 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 Agreement is to establish procedures and standards pursuant to which the parties
will move toward greater coordination in the exercise of their land use and related regulatory powers within
unincorporated areas surrounding the MUNICIPALITY. The objectives of such efforts are to accomplish the type of
development in such areas which best protects the health, safety, prosperity, and general welfare of the
inhabitants of the inhabitants of the parties
and to achieve
Weld County, Colorado, Charter and County Code
(Supp. No. 80)
Created: 2023-03-06 12:00:30 [EST]
Page 1of7
maximum efficiency and economy in the process of development. However, any action taken pursuant to this CPA
Agreement that pertains to any land within MUNICIPALITYthe municipality, for incorporated areas, and within
COUNTYthe 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 Agreement; the following terms shall be defined as set forth herein:
DEVELOPMENTDevelopment. Any land use requiring regulatory approval by the elected governing body of
the applicable party in the THREE (3`, MILE AREA, 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
Codeuses by right under Chapter 23 of this -Code, or as legally existing non -conforming nonconforming uses, are
also exempt from the definition of "DEVELOPMENT."Development.
THREE (3) MILE AREA. The area as defined by Colorado Revised Statutes, C.R.S. 31-12-105.1.E.MUNICIPAL
Referral Area. The area located outside of b-ut within three (3) miles of the MUNICIPALITY's municipal boundaries.
Non Urban Development. Deve opments comprised of nine :9) or fewer resicential lots, located in a Non
Urban Area as eefinec in Ciapter 22 of ti -is Coce, not ac. jac-ent to of ler PUDs, subc
gross density of two and one half (2%2) acres per septic system. Non Urban Deve
opment proposing
overal
ivisions, municipa
boundaries
Urban Development. Deve
opments exceeding nine
9
)
ots and/or located in c
ose proximity to existing
such as central water,
ng permitted septic systems), road networks, park and recreation facilities and programs,
and storm drainage.
The Urban Growth Area is hereby established and she
19 P of tits C istiter, EXCEPTING t lose ants ocatec. wit'+n tie M -UN
cepictec. in Appencix 19 P superseces tiat w iic was attac
Sec. 19-16-50. Planning coordination.
Pled to t
C
PALITY's municipa
le original Agreement.
boundaries. T
lc map
This CPA Agreement is intended to be a Comprehensive Development Plan adopted and implemented
pursuant to C.R.S. § 29-20-105(2)Section 29 20 105(2), E.R.S. Following the execution of this CPA Agreement by
both parties, applications to COUNTY for DEVELOPMENT within the THREE L3)MILE AREA shall COUNTY
Development ALITY's Referral Area wiWbe processed and determined in accordance with
the following:
A. Referral. The COUNTY shall will refer all proposals for DEVELOPMENT Development within the THREE (3) MILE
AREA MUNICIPAL Referral Area to the MUNICIPALITY for its review and recommendation. Such referral will
include at least a copy of the written DEVELOPMENT Developrner}L proposal and preliminary COUNTY staff
summary of the case. The COUNTY shall will allow not less than twenty-one (21) days for the MUNICIPALITY
to review the referral same and furnish its recommendations to COUNTY staff prior to formulation of the
COUNTY staff recommendation. If the MUNICIPALITY does not respond within such time, COUNTY staff may
proceed with its recommendation, but any MUNICIPALITY comment or recommendation received on or
before the Thursday immediately next preceding the meeting of the Board of County Commissioners or
(Supp. No. 80)
Created: 2023-03-06 12:00:30 [EST]
Page 2 of 7
Planning Commission when at which the matter shall will be considered shall 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 shall vc,411
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. 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 AREAoutside Urban Growth 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.To the extent legally possible, the COUNTY will disapprove proposals for
Urban Deve oament in areas of tie MUNICIPAL Referra Area outsice tie Urban Growti Area. In reviewing
proposa s for Non Urban Development in suci areas, tie COUN—Y wil app y its Comprehensive Plan and
zoning anc subcivision oroinances anc, w-iere appropriate, tie RUA P an.
Development in Urban Growth Area. The fol
Growth Area:
owing s
app
y
to
p
roposec
Deve
opment in the Urban
1. 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
consider such proposal for Development unless the applicant or its predecessor has submitted a
RUNTY may consider su
montis from tie date of fi ing of a comp etc annexation petition pursuec in good faith by the
app icant or its predecessor, tie MUNICIPALITY las fai ed to approve or ceny such annexation.
2 The MUNICIPALITY will consider extension of sanitary sewer service to property in the Urban
Growth Area, subject to its r
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
anc -regulations to the COUNTY twenty
period of seven (7)
to its current rules and regulations, it will provide water under provisions similar to those
indicatec above for sewer service. Wiere water furnis iec. by the MUNICIPALITY is recekvec in
exercise its obligations under this Agreement consister
ny infrastructure necessary to serve the
he
water provider to explore ways i which- the exten-si-an of water servi-ce outside MUNICIPALITY
(Supp. No. 80)
Created: 2023-03-06 12:00:30 [EST]
Page 3 of 7
In recognition of the avai
ab
ity -of pub
is water withi-n the Urba-n- Growt
1 Area as indicated in
antract for the same with the MUNICIPALITY, or water service
from a water di rict, -if the MUNICIPALITY cannot provide water. This Agreement shall be prima
rater within the meaning of Section 32 1
203(2.5)(a), C.R.S.
without the consent of the MUNICIPALITY and will consider identifiable impacts on the
MUNICIPALITY's road system resulting from such Development on the same basis as in COUNTY
impacts.
Non Urban Development in the Urban Growth Area. Nothing in this Subsection shall restrict the
61-1-ess of t h -e size of Fesul ti -g lots.
legally existing
approval.
7 If any MUNICIPALITY recommendation of d-1sapprova-1 of a Development proposal is based upon a
tion for the property, the COUNTY will not approve the same
wilt reasonably
occur, (b) that suitable mitigation measures to be imposed by the COUNTY as conditions of
the COUNTY will consider such issues.
8. The parties anticipate that Pars
Mutually Acceptable Nan is considered and adopted for the UGA or the Referral Area.
r at a quantity anthate not to
Mutuality of Impact Consideration. The parties recognize that decisions by one (1) party regarding
development may impact property outside of cch particularits jurisdiction. The parties agree that those
jurisdictional boundaries shall will not be the basis for giving any greater or lesser weight to those impacts
during the course of deliberations.
ED. Referrals to County. The MUNICIPALITY shall will refer proposals for DEVELOPMENT Development which lie
within five h-.mdred‘500 feet of any property in unincorporated Weld County to the COUNTY for its review
and recommendation. Such referral shall will -include at least a copy of the written Development proposal.
The MUNICIPALITY shall will allow not less than twenty-one (21) days for the COUNTY to review the same and
furnish its recommendations to MUNICIPALITY. If COUNTY submits no comment or recommendation
the MUNICIPALITY may assume it has no objection to the proposal. If the COUNTY submits recommendations,
the MUNICIPALITY shall wild either include within its written decision the reasons for any action taken
(Supp. No. 80)
Created: 2023-03-06 12:00:30 [EST]
Page 4 of 7
contrary to the same or furnish such reasons to COUNTY by a separate writing. Where the DEVELOPMENT
Development is proposed as part of an annexation of more than x{10 acres, the provisions of this section
Section shall be deemed satisfied by compliance by the MUNICIPALITY with the notice Notice and impact
statement 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.lf any CO -UN
elity between proposed uses in the
to the extent legally possible,
emonstrates (1) that no such conflict or
incompatibility will reasonably occur, or (2) that suitable mitigation measures to be imposed by the
MUNICIPALITY as c -consequences of
incompatibility or conflict. The COUNTY shall be given notice of, and may app
Sec. 19-16-60. Implementation of CPA.Annexation.
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.
A The MUNICIPALITY will give serious consideration to a
unreasonab
e economic burden on t
of property in the area itself;
bounda
ies, and i
s annexa
2>t
petitions for annexation of
ancs within the Urban
ie existing users of suci services or upon tie future resicents or owners
ie area is not reasonably contiguous in fact to tie MUNICIPALiTY's existing
ion wou
c resu
t in disconnected municipal satellites. Nothing stated herein
required the MUNICIPALITY to annex any property.
T
le MUNICIPALITY wi
bot
MUN
not annex properties
ocated outsice tie Urban Growti Area un ess suci property is
eligib e for annexation anc the MUNICIPALITY'S Board of Trustees determines that it is necessary to the
CIPALITY for municipa purposes suc
as uti ities.
C. 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 annex
suc
stanoares was grantee
Nothing in this Section s
municipal satellites.
proved by the County after the execution of this Agreement by both
iver or modification of
by the COUNTY and approved by the MUNICIPALITY.
be construed to
knit the MUNICIPALITY from annexing any
anc. within t
(Supp. No. 80)
Created: 2023-03-06 12:00:30 [EST]
Page 5 of 7
UNICIPALITY -impacts.
(Weld County Code Ordinance 2005 2}
Sec. 1946-70. Establishment of common development standardsimplementation of
Agreement.
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). of this Agreement, each
and exclusive
prom
anc such covenants wi
be
ibera
y construed in
Sec. 19-16-80. Miscellaneous provisions.
ight thereof.
A. Severability. Should any one or more sections or paragraphs of this CPA Agreement be judicially
determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining
provisions of this CPAAgreement, 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
Agreement should continue as modified, or if the CPA Agreement should be terminated.
Enforcement. Either party may seek specific performance or enforcement of this Agreement in a Court of
1
contest a land
greement is not intended to
modify the standing the parties may possess i-n-dependent of this Agreement. This Agreement is between the
MUNICIPALITY and the COUNTY and no third party rights or beneficiaries exist or are created hereby.
GB. Termination. This CPA Agreement will continue in effect a period of one year from the date first written
aboveu i-I J,l-y 31, 2005, and shall be renewed automatically thereafter for successive one '1) year periods.
Notwithstanding the foregoing, however, either party may terminate this CPA Agreement by giving at least
twelve (12) months' sixty (60) days' written notice thereof to the other party.
DC. 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). Amendment. Upon the
b
that cha
MUNICIPALITY concurrec in by the COUNTY w
~yen t
sec
range is
a deletion to t
ie UGA or an addition of
propert
rty previously
(Supp. No. 80)
Created: 2023-03-06 12:00:30 [EST]
Page 6 of 7
within a reasonable period of time.
Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearingsconsider 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.
F 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 sub:ect 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.
Weld County Code Ordinance 2005 2)
(Supp. No. 80)
Created: 2023-03-06 12:00:30 [EST]
Page 7 of 7
COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN OF GILCREST, COLORADO, AND WELD COUNTY, COLORADO
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of
the day of , 2023, A.D., between the Board of County Commissioners of the
County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, CO 80631,
hereinafter called the "COUNTY," and the Town of Gilcrest, a Colorado municipal corporation,
whose address is PO Box 1122, Gilcrest, CO 80623, hereinafter called the "MUNICIPALITY."
The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as "party"
and collectively as "the parties."
RECITALS
A. COUNTY exercises governmental authority regulating land use, growth and
development wihin 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. Thle 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, budding, and related regulatory powers; and
E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate
that the joint and coordinated exercise by 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 22-2-30 of the Weld County Code and, in particular,
Subsection 22-2-30.B.4, which encourages the establishment of coordinated planning
agreements with each municipality in Weld County.
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 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
1
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.
2. DEFINITIONS. For the purposes of this CPA 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 THREE (3) MILE AREA, except for
an amendment to a plat or a down -zoning, neither of which creates any additional lots.
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."
2.2. 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)(I).
3. 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:
3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within
the THREE (3) MILE AREA to MUNICIPALITY for its review and recommendation. Such
referral shall 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 comment or recommendation from
MUNICIPALITY 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.
3.2 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 of 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
2
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.
3.3 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 jurisdictional boundaries shall not be the basis for giving any
greater or lesser weight to those impacts during the course of deliberations.
3.4 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 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.
4. 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 3. 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.
5. 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).
6. MISCELLANEOUS PROVISIONS.
6.1 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
3
review the remaining provisions to determine if the CPA should continue, as modified, or
if the CPA should be terminated.
6.2 Termination. This CPA shall continue in effect for 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.
6.3 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 6.4 and 6.5 of this CPA).
6.4 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 6.5, below.
6.5 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.
6.6 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.
6.7 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.
IN WITNESS WHEREOF, the parties have executed this CPA effective as of the date
first above written.
ATTEST:
Weld County Clerk to the Board
By:
BOARD OF COUNTY
COMMISSIONERS OF
WELD COUNTY, COLORADO
Deputy Clerk to the Board Mike Freeman, Chair
4
ATTEST:
By:
Brenda Josep , own Clerk
MUNICIPALITY
TOWN OF GILCREST
Steve Nothem, Mayor
5
Hello