HomeMy WebLinkAbout20194697.tiffWELD COUNTY
CODE ORDINANCE 2019-17
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 C4 MMISSIONERS 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 Commissiners, 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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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
AR-� �CLE XXI
Johnstown Plan
Sec. l 921-10G ntur Poo_
�a � 1,i �''nm
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
23rd day of December, 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 Johnstown, a Colorado municipal corporation, whose
address is 450 S. Parish Avenue, Johnstown, CO 80534, hereinafter called the "MUNICIPALITY."
The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as "party"
and collectively as "the parties."
Sec. 19-21-20. 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
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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
0. 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,
su'hdivisions, belic inq, and related regulatory powers; and
E. Pressures for growth and development in the MUNICIPALOTY and COUNTY indicate that the
joint and coordinated exercise by the COUNTY and VLF ICIPALITY of their respective
planning, zoning, suodivision, building and related regulato3' 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 Pla :,
set forth in Section 22-2-40 of the Weld County Code and, in particular, U►.Goal 2., which
encourages the establishment of intergovernmental agreements concerning growth areas
with each municipality in Weld County.
G. This CPA adheres to the bjectiyes and policies , f the Town of ,ohnstowr's Comprehensive
Plan; in particular, Goal CFR 5 seeking collaboration with neighboring Jurisdictions regardin
land use, tran.sportation, natural resources, and development quality.
Sec. 19-21-30. ur noses and biecfivesm
The purpose of this CIA is to establish procedures a. d standards pursuant to which the
parties will move toward greater coordination in the exercise of their and use and related
regulatory powers within unincorporated areas surrounoing the MLNICIPALI T Y. The objectives
of such efforts are to accomplish the type of development in such areas which best protects the
(health, safety, prosperit and General welfare of the inhaoitants of the parties and to achieve
maximum efficiency and economy in the process of development and delivery of services.
However, any action taken pursuant to this CPA that pertains to any land within the
MUNICOPALITY, 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. 9 -21 -Li, o Definitions.
t,Jns
or the pur uses of this CPA the following terms shall be defined as set forth herein:
DEVELOPMENT Any land use rec uiring regulatory approval b0 the elected governing bod
of the applicable party in the THREE (3) MILE AREA, except for an amendment to a olat or a
down -zoning, neither if which creates any additional lots and except for a Recorded Fxemption
or Subdivision Fxemption. Existing agricultural uses, which are lawful uses, either as Uses by
Right under the Weld County Code or as legally isting, non -conforming uses, are also exempt
from the definition of Development.
THREE ' ) MILE AREA. The area as defined by Colorado Revised Statutes C.R.S.
§31 -12 -
05.
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Seca 1941-50. P
f L)
a
rinp Coovdjnan.
his CPA is intended to be a Comprehensive Dave opment Ran adopted and implemented
rsuani t, t C.R.S.
29-20-105(2) collowing the execution of this CPA by both parties,
applications to the, CO, \. Y for DFVE O PMFH D IT within the IC -
(3)i i1
_E AREA shall be
p recessed and determined in accordance witn ' ne follo� irci
A. Referral. -_he COUN sha 1 -refer all ,proposals for the DEW: OPMENT within tne T H
(3) MD E A LFA to the M NICDPA PTY for its review and recommendation. Such referrals
include at least a copy of the written D7VE QPMEN
COUNTY staff summary of the case. The COUN
Thh)
ded
proposal and preliminary
Y shall allow not less than twenty-one 21
days for the MUMCOFA Y to review the referral aid furnish its recommendations to the
COU\TY Y staff prior to foriulatin of the COJNTY staff recommendation. s>' tne
MUNOCOPA TY does rot respond within sucn time, the COUN _ JY staff macproceed with ids
recommendation, but any comment or recommendation from the D\UMCPAJTY received on
o r 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. . the ClPAL1 TY submits no comment or
reco fflrlle� jdation tle COUNTY may _ assume has r o ob;ectiorr to the proposal. .V tre
MLINDCD AD Y submits recommendations, the COUNTY shall either include withr its witten
✓ ecision the reasons for arni action taken contrary to the same or furnish such reasons to the
DpiU\ C PAV DTI° by a separate writing. Tne MUJNICiPA f —Y shall be given notice of,end may
appear and cc neard at, any hearing or of")er proceeding at which the COUNTY shall consider
a DE' ; PD's FN 11 subiect to the foregoing referra process.
Imo. Development wi°,nin TO REE (3) MD I AREA. Jpon receipt of any proposa for
DEVE=OPMi E will- in the - FREE (3) Dail _ F AREA then currently eligible for voluntary
annexation to the M CPA TY, the COUNTY shall, in writing, at time of a pre -app ication
with the Department of Raping Services, notify the proponent of the opportunity for
annexation.. The Directr of °Vann ing Services shall, in writing, notify the MUN CDPA r _ -Y's
mayor and his or her designee of the proposa The VU NDCDPAU T Y shall have twent 9rore
(21) days fo lowing co hart by the proponent, which sha l be documented i 1 writing, (with a
copy to the COUNTY), to notify the COUNTY, in writing, that the NUN CDPA DTY and the
applicant have agreed to the terms of a pre -annexation agreement. The COUNTY shall not
process any application until tie completion of said twenty-one (21) days, or until tne
COUNTY receives notification from the MUN COPAL TY tia: a pre -annexation agreement
between the NAL\DCDPAL and the applicart ot be pursued, wnicriever occurs soo ier.
if no such notification is received by the COU\TY curing said twenty -One (21) days,
P rocessing of the application shall continue by tne COUNTY to completion. —he time period
may be extended upon written consent from both pates. Notwithsta Rdinp the provisions f
this CPA, a property owner shall retain ';ne riciht to seek amexation into tre MUN_CDPAJ TY
pursuant to the Municipal Annexatio 1 _ Act of 1965 C.R.S. §:§12-'01 et seq., and the
MUNICPAUUTY shall retain the right, in its Dawfui aiscretion to a 6 sex the property tnat is the
subject of the DEVELOPMENT
C. Mutuality of impact Consideration The parties recog
uze that decisions by one party
regarding
development may impact property outside of its jurisdiction. The parties agree rat
"urisdictiora boundaries shall not be the basis for givinga any area"er or lesser weight to trose
impacts during the course of deliberations.
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Referrals to Comfy. II'l The I i s \ I C AJTl Y sha refer proposals for Di _ VE OPM E w ich lie
within five hundred (500) feet of art property it . unincorporated veld Coup to the C•UNTY
Y
for its review and recommendation. Such referral shall irclude at least a copy of t he \A/flitter
i
DEWS _OPMhh N T proposal. The MUN C PA: FY shall allow not loss thai twenty-one (21)
days forle COUNTY to review same and furnish as reco.mnenda flons to the MU N. C0PA TY.
if the COUNTY submits no comment or reconirnendadion, the MUI\IICIG A 1 TY may assume it
has no obectio- to the proposal. Of toe COU \ TY subr uts recommendations, the
ICU \ ICI PEAL I__,V sC a L either include within its written decision the reaso Fs for an action taken
ntrary to the same or furnish such reasons to the COUNnY raj a separate wPitin g. Where
the DOA NT is proposed as part of an annexation of more than ten (1 0) acres, the
provisions of this section shah be deemed satisfied by compliance by the MUN CIPA I Y with
the notice and impact rep ort provisions of the most current version of the Municipal Arnexati0n
Act then in effect. TCOU\TY Y shah be Over notice of, and may app: a P and be heard at
any hearing or other proceeding_ at which
D
F V E
the MUN
OP CrN T sub ect to the foregoing referral process.
Sec. 19=21-60.
mrr ernnenthtoon of CR&
Follo vipg the mutual execution of this CPA, each parry s
a
CPA
ITY shat
9 f rc r s .�
enact a
consider a
nd ne i ement
such a mendmeis to its existing regulations as may be necessary to give effect to the provisions
of Section 19-21-50. Each party shall have sole and exclusive discretion t0 determine such
measures and any new ones enab ing it to perform this CPA. Hach part is lard use regulations,
as refereed to herein, are ordinances whose amendmeit requires certain formalities, including
[notice and public hearings. -Me mutual covenants in this section and elsewhere to irnpie,erer t this
CAA promptly are given and received with ma,tual Pecognition and understa ndinpof tte legislative
processes involved, and such covenants shall be liberally construed in light thereof.
sec. i 9-21=7
�:J O
stab
Situp -lent of Common Devi Dope L rr t Standards.
�he MLN CIPATY and CUNTY shall: within brie ( year of the effective date og this CPA,
attempt to agree to seta blisn common devel •pment standards within designated areas, which
may incli,de areas within the MU \ICIPA TY's oourdaries and/or within the T- [RE L (3) M
A e* A. Common development standards should include, but not be limited t, roadways t pest
widths, horizontal design, access and s_paci 1g) a Thal drainage (on=site, off -sire, dischao ge,,
easements, any regional fad hues).
Sec. U9-!I`ll-8O . Purfins L _ E1
menus provjsnoriso
A. Severability. Should any one or more sections or paragraphs of this CPA be Judicially
determined inva id or unenforceable, such udg,me rt shah -Not affect, impair or invalidate the
remaining provisions of this C°A, the int enti.n being that the various sections aid pa-agaraphs
are severao1e; provided, however, than the parties shah then review the remaini.�7ojprovisions
to determine if the CPA shou d contin�,e, as modified or if the CPA should Ye ..er-e-i gated.
D. Termination. This C -'A shah conti huge inn effect for a period of one (1) year from t< <e date first
written .hove, and sha be renewed a _itornatica y thereafter fox sLccessive one (1)jaar
periods. Notwitnstanding the foregoing _ nowever, either party may terminate this CPA by
giving at east twelve (12) months' Written notice thereof to the other party.
C. Amendme
nt. phis CPA ma_ be amended on
y t a writing execu
ted by the parties and
adop,ed according to the same orocectres as the original adopt on (requiring 'he written
co asent of the ame Fed ment by both
Sections 1. a rd E. below).
lea vies and corn�p fiance a, itb °���e procedures detailed in
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D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall, at public hearing(s), consider this
CPA for adootion 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.
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The above and foregoing Ordinance Number 2019-17 was, on motion duly made and
seconded, adopted by the following vote on the 9th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Steve Moreno
Date of signature:
First Reading: November 4, 2019
Publication: November 13, 2019, in the Greeley Tribune
Second Reading: November 25, 2019
Publication: November 29, 2019, in the Greeley Tribune
Final Reading: December 9, 2019
Publication: December 18, 2019, in the Greeley Tribune
Effective: December 23, 2019
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