HomeMy WebLinkAbout20193644.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-14 was introduced on
first reading on August 12, 2019, and a public hearing and second reading was held on
September 4, 2019. A public hearing and final reading was completed on September 23, 2019,
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.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: October 7, 2019
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 27, 2019
PUBLISHED: October 2, 2019, in the Greeley Tribune
Affidavit of Publication
PLOT@CE
OF FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2019-14 was introduced on first reading on August 12,
2019, and a public hearing and second reading was held on
September 4, 2019. A public hearing and final reading was com-
pleted on September 23, 2019, 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 list-
ed below. Any, backup material, exhibits or information previous-
ly submitted to the Board of County Commissioners conceming
this matter may be examined: in the office of the Clerk to the
Board of County Commissioners, located within the Weld Coun-
ty 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.weldgov.com). E-mail messages sent to an individual
Commissioner may notbe included in the case file. To ensure
inclusion of your e-mail correspondence into the case file,
please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-14
ORDINANCE TITLE: iN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDI-
NATED PLANNING AGREEMENTS, OF THE WELD COUNTY
CODE
EFFECTIVE DATE: October 7, 2019
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO .
DATED; September 27, 2019
The Tribune
October2, 2019
STATE OF COLORADO
County of Weld,
I Jennifer Usher
ss.
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
contained in the
Second day of October A.D. 2019 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Second day of October A.D. 2019 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.
October 2„ 2019
Total Charges: $10.29
2nd day of October 2019
My Commission Expires 08/13/2022
Notary Public
VICKIE G GARRETTS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
MY COMMISSION EXPIRES AUGUST 13, 2023
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-14 was introduced on
first reading on August 12, 2019, and a public hearing and second reading was held on
September 4, 2019, 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 September 23,
2019. 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.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-14
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: September 23, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 6, 2019
PUBLISHED: September 11, 2019, in the Greeley Tribune
070/9--0 *Ill
Affidavit of Publication
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2019-14 was introduced onfirst reading on August 12,
2019, and a public hearing and second reading was held on
September 4, 20;9, with no change being made to the text of
said Ordinance. A publichearing 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 September 23, 2019. All, persons inany
manner interested in the next reading of said Ordinance are re-
quested 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 pre-
viously submitted to the Board of County Commissioners con-
cerning 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 0 Street, Greeley,
Colorado, between the hours of 8:00 a m. and 5:00 p.m., Mon-
day tint Friday, or may be accessed through the Weld County
Web Page (www.weldgov.com). E-mail messages sent to an in-
dividual Commissioner may not be included in the case file. To
ensure inclusion of your e-mail correspondence into the case
file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDI-
NATED PLANNING AGREEMENTS, OF THE WELD COUNTY
CODE
DATE OF NEXT READING: September 23, 2019, at 9:00a.m
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 6, 2019
Greeley Tribune
September 11, 2019
STATE OF COLORADO
County of Weld,
I Jennifer Usher
SS.
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
contained in the
Eleventh day of September A.D. 2019 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Eleventh day of September A.D. 2019 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.
September 11, 2019
Total Charges: $12.63
11th day of September 2019
My Commission Expires 08/13/2022
(:)3
Notary Public
VICKIE G GARRETS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
MY COMMISSION EXPIRES AUGUST 13, 2022
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-14 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
August 12, 2019. 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 September 4, 2019. 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.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-14
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: September 4, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 16, 2019
PUBLISHED: August 21, 2019, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2019-14
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
2019-3644
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 certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
ARTICLE XX
Berthoud Plan
Sec.19-20-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
23rd day of September, 2019, 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 Berthoud, a Colorado municipal corporation, whose
address is 807 Mountain Avenue, Berthoud, CO 80513, hereinafter called the "MUNICIPALITY."
The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as "party"
and collectively as "the parties."
Sec. 19-20-20. Recitals.
A. The COUNTY exercises governmental authority regulating land use, growth and development
within the unincorporated areas of Weld County, Colorado, which areas include lands
surrounding the MUNICIPALITY; and
B. The 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 the 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. 19-20-30. 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 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 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 the MUNICIPALITY, for incorporated areas,
and within the COUNTY, for unincorporated areas, is subject to exclusive final approval by the
governing body of the MUNICIPALITY or COUNTY, respectively.
Sec. 19-20-40. 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 as defined by Colorado Revised Statutes
C.R.S. §31-12-105.1.E.
Sec. 19-20-50. 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 the COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
processed and determined in accordance with the following:
A. Referral. The COUNTY shall refer all proposals for the DEVELOPMENT within the THREE
(3) MILE AREA to the 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. The COUNTY shall allow not less than twenty-one (21)
days for the MUNICIPALITY to review the referral and furnish its recommendations to the
COUNTY staff prior to formulation of the COUNTY staff recommendation. If the
MUNICIPALITY does not respond within such time, the COUNTY staff may proceed with its
recommendation, but any comment or recommendation from the 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, the COUNTY may assume it has no objection to the proposal. If the
MUNICIPALITY submits recommendations, the COUNTY shall 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. The MUNICIPALITY shall be given notice of, and may
appear and be heard at, any hearing or other proceeding at which the 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 the MUNICIPALITY, the 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 the MUNICIPALITY's
mayor and his or her designee of the proposal. The MUNICIPALITY shall have twenty-one
(21) days following contact by the proponent, which shall be documented, in writing, (with a
copy to the COUNTY), to notify the COUNTY, in writing, that the MUNICIPALITY and the
applicant have agreed to the terms of a pre -annexation agreement. The COUNTY shall not
process any application until the completion of said twenty-one (21) days, or until the
COUNTY receives notification from the MUNICIPALITY that a pre -annexation agreement
between the MUNICIPALITY and the applicant will not be pursued, whichever occurs sooner.
If no such notification is received by the COUNTY during said twenty-one (21) days,
processing of the application shall continue by the 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
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. The MUNICIPALITY shall refer proposals for DEVELOPMENT which lie
within five hundred (500) feet of any property in unincorporated Weld County to the COUNTY
for its review and recommendation. Such referral shall include at least a copy of the written
DEVELOPMENT proposal. The MUNICIPALITY shall allow not less than twenty-one (21)
days for the COUNTY to review same and furnish its recommendations to the MUNICIPALITY.
If the 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 either include within its written decision the reasons for any action taken
contrary to the same or furnish such reasons to the COUNTY by a separate writing. Where
the DEVELOPMENT is proposed as part of an annexation of more than ten (10) acres, the
provisions of this section shall be deemed satisfied by compliance by the MUNICIPALITY with
the notice and impact report provisions of the most current version of the Municipal Annexation
Act then in effect. The COUNTY shall be given notice of, and may appear and be heard at
any hearing or other proceeding at which the MUNICIPALITY shall consider a
DEVELOPMENT subject to the foregoing referral process.
Sec. 19-20-60. 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 19-20-50. 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. 19-20-70. Establishment of Common Development Standards.
The 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 the 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. 19-20-80. 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 shall continue in effect for a period of one (1) 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 the MUNICIPALITY. The MUNICIPALITY shall, at public hearing(s), consider this
CPA for adoption upon published notification. The MUNICIPALITY shall provide a complete
record of such public hearing(s) to the COUNTY for review prior to the start of the COUNTY's
adoption process detailed in Section E. below.
E. Adoption by the COUNTY. The 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, the COUNTY shall review the complete record of the public hearing(s) held
by the 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.
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
County of Weld,
I Jennifer Usher
SS.
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
contained in the
Twenty -First day of August A.D. 2019 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty -First day of August A.D. 2019 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.
August 21, 2019
Total Charges: $105.90
21st day of August2019
My Commission Expires 08/13/2022
Notary Public
VICKIE G GARRETTS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
MY COMMISSION EXPIRES AUGUST 13 2022
• NOTICE OF FIRM' READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-14 published below, was introduced and, on motion duly
made and seconded, approved upon first reading on August12, 2019. 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
September 4, 2019. 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 mattermay 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 an. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld Coun-
ty Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To en-'
sure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINAT-
ED PLANNING AGREEMENTS, -OF THE WELD COUNTY CODE
DATE OF NEXT READING: September 4, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 16, 2019 .
WELD COUNTY CODE ORDINANCE2019-14
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 per-
manent 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 cer-
tain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various
Chapters are revised to' read as follows. -
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
ARTICLE XX _
Berthoud Plan
Sec.19-20-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the 23rd day of September, 2019, A.D., be-
tween 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 Berthoud, a Colorado municipal corporation, whose address is 807
Mountain Avenue, Berthoud, CO 80513, hereinafter balled the "MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter
sometimes referred to' individually as "party" and collectively as 'the parties."
Sec, 19-20-20. Recitals;
A. The COUNTY exercises governmental authority regulating land use,.growth and development within the unincorporated areas of
Weld County, Colorado, which areas include lands surrounding the MUNICIPALITY;:and
B. The 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•(includ-
ing 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 develop-
ment 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, zon-
ing, subdivisions, building,- and related regulatory powers; and
E. Pressures for growth and development in the 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., whioh encourages the establishment of intergovernmental agreements concerning
growth areas with each municipality in Weld County.
Sec. 19-20-30. 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 powerswithinunincorporated areas surrounding the MUNICIPALITY. The ob-
jectives 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 the MUNICIPALITY, for incorporated areas, and with-
in the COUNTY;,for unincorporated areas, is subject to exclusive final approval by the governing body of the MUNICIPALITY or
COUNTY, respectively. .
Sec. ,9-20-40:,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 Re- "
corded 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 as. defined by Colorado Revised Statutes C.R.S. §31 12 105.1.E.
Sec. 19-20-50. Planning Coordination. -
This CPA is intended to be a Comprehensive'Development Plan adopted and implemented pursuant to C,R.S. §29-20-105(2). Follow-
ing the execution of this CPA by both parties, applications to the COUNTY for DEVELOPMENT within the THREE (3) MILE AREA
shall be processed and determined In accordance with the following: -
A. Referral. The COUNTY shall refer all proposals for the DEVELOPMENT within the THREE (3) MILE AREA to the 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. The COUNTY shall allow not less than twenty-one (21) days for the MUNICIPALITY to review
the'referral and furnish its recommendations to the COUNTY staff prior to formulation of the COUNTY staff recommendation. If the -
MUNICIPALITY does not respond within such time, the COUNTY staff may proceed with its recommendation; but any comment or
recommendation from the 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 Commis-
sion, 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 either include within its written decision the reasons for any ac-
tion taken contrary to the same or fumish such reasons to the MUNICIPALITY by a separate writing. The MUNICIPALITY shall be
given notice of, and'may appear and be heard at, any hearing or -other proceeding at which the COUNTY shall consider a DEVEL-
OPMENT 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 eligiblefor voluntary annexation to the MUNICIPALITY, the COUNTY shall, in writing, at time of a pre -application with
th'e Department of Planning Services, notify the -proponent of the opportunity for annexation. The Director of Planning Services shall,
in writing, notify the MUNICIPALITY's mayor and his or her designee of the proposal. The MUNICIPALITY shall have twenty-one
(21) days following contact by theproponent, which shall be documented, in writing, (with a copy to the COUNTY), to notify the
COUNTY, in writing, that the MUNICIPALITY and the applicant have agreed tothe terms of a pre -annexation agreement. The
COUNTY.shall not process'any application until the completion of said twenty-one (21) days, or until the COUNTY receives notifica-
tion -from the MUNICIPALIT(i"that a pre -annexation agreement between the MUNICIPALITY and the applicant will not be pursued,
whichever occurs sooner. If no such notification is received by the COUNTY during said twenty-one (21) days, processing of the ap-
plication shall continue by the 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 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.'The.MUNICIPALITY shall refer. proposals for DEVELOPMENT which lie within five hundred (500) feet of any
property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral shall include at least a
copy of the written DEVELOPMENT proposal. The MUNICIPALITY shall allow not less than twenty-one (21) days for the COUNTY
to review same and furnish its recommendations to the MUNICIPALITY. If the COUNTY submits no comment or recommendation,
the MUNICIPALITY may assume ithas no objection to the proposal. If the COUNTY submits recommendations, the MUNICIPALITY
shall either include within its.written decision the reasons for any action taken contrary to the same or furnish such reasons to the
COUNTY by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation of more than ten (10) acres, the
provisions of.this section shall be deemed satisfied by compliance by the MUNICIPALITY with the notice and impact report provi-
sibns of the most current version of the Municipal Annexation Act then in effect. The COUNTY shall be given notice of, and may ap-
pear and be heard at any hearing or other proceeding at which the MUNICIPALITY shall consider a DEVELOPMENT subject to the
foregoing referral process.
Sec. 19.20-60. Implementation of CPA.
f-raicwil,g the mutual execution of this CPA, each party shall promptly enact and implement such amendments to its existing regula-
tions as may be necessary to give effect to the provisions of Section 19-20-50. 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 here-
in, 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 leg-
islative processes involved, and such covenants shall be liberally construed in light thereof.
Sec. 19-20-70. Establishment of Common Development Standards.
The 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 the 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. 19-20-80. 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 shall continue in effect for a period of one (1) year from the date first written above, and shall be renewed
automaticailythereafter 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 theamendmentby both parties and compliance with the procedures detailed
in Sections D. and E. below).
D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall, at public hearing(s), consider this CPA for adoption upon published no-
tification. The MUNICIPALITY shall provide a complete record of such public hearing(s) to the COUNTY for review prior to the start,
of the COUNTY'sadoption-process detailed in Section E. below.
E. Adoption by the -COUNTY. The 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, the COUNTY shall review the complete record of the
public hearings) held by the 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 respect-
ing the matters that are the subject of this CPA, including without limitation any rights of referral, participation or judicial review rested
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 provi-
sions of this CPA.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to sup-
plement 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 num-
bering or placement of chapters; articles, divisions, sections, and subsections in said Code.
BE tr 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, i:f phrases.might be declared to be unconstitutional or invalid.
The Tribune
August 21, 2019
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