HomeMy WebLinkAbout20231158.tiffWELD COUNTY
CODE ORDINANCE 2023-05
02 3
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
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Weld County Code be, and hereby is, repealed and re-enacted, with amendments.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. 19-16-10. 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.
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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 .oint 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:
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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)(I).
Sec. 19-16-50. Planning coordination.
This CPA is intended to be a Comprehensive Development Plan adopted and implemented
pursuant to G.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
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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
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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 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.
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.
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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.
The above and foregoing Ordinance Number 2023-05 was, on motion duly made and
seconded, adopted by the following vote on the 5th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Scott K. James, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Perry L. Buck
APPROVED AS TO FORM:
Steve Moreno
County Attorney
Lori Saine
Date of signature:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
April 24, 2023
April 30, 2023, in the Greeley Tribune
May 15, 2023
May 21, 2023, in the Greeley Tribune
June 5, 2023
June 11, 2023, in the Greeley Tribune
June 16, 2023
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APPENDIX 19-A - RESERVED
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APPENDIX 19-B - RESERVED
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COMMERCIAL cr Industrial zone districts, provided that the property is not a LOT in an approved or recorded
subdivision plat or LOTS part of a map -or plan filed prior to adoption of any regulations controlling subdivisions.
PUD development proposals shall not be permitted to use the special review permit process to develop.
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APPENDIX 19-E - RESERVED
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