HomeMy WebLinkAbout20193643.tiffWELD COUNTY
CODE ORDINANCE 2 19-1
0. IN THE MATTER OF EPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 19 COORDINATE=S 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 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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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
ART
Berth
CLE XX
tip` Plan
Sec.19-20-10. l ntrod u ct i n.
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 municioa! 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
PAGE 1
2019-3643
ORD2019-14
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
urisdictions, 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
oint 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 bjealy,2
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 sub ect to exclusive final approval by the
governing body of the MUNICIPALITY or COUNTY, respectively.
ec. 19-2efin&t ons
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 and 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 !egally 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. - .v f 19 20 50e Plannin So. rdination.
�-�f
This CPA is intended to be a Comprehensive Development Plan adopted and implemented
oursuant to C.R.S. X29-20-105(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:
PAGE 2
2019-3643
ORD2019-14
A. Referral. The C,,. UN Y shall refer al
proposa s for the D P V GWENT within the Till RA _ -E
(3) Obi l AREA to the NUMC11°AUTY for its review and reco�r mendation Suicn rouorra O shaH
tcOudo at least a copy of the writtor D H CIF GPM NT proposal and pr&0imhary
Co \ Y staff summary of The case. he COUN T Y sha allow not loss than tweny=ono (21)
t _ for t MU NOCOPA O _ _Y to "ev ew the refeer l and flrnish its eecomrnonda irs to the
CODU\TY staff prior to formu atiog of the COUNTY staff reco.u�u�� �� ndOalor
N L \ O C PA O Y does not respond wfthn su C.r jmc, the COUNTY staff ray proceed with its
rocomrno'daUion, but any core anent or recommendation from the OHO Jf C PA [TY received or
or before the _Thummd0 9 hn mediae&receding the rneeti-g of tre Board o' County
Commissioners or Planning Co
yransrittod to the board or Co
recornndation, the COUN
OC
PA
V
Tmossoon when
,n rission
may ass,
submits recomiiuoiidO dons
the matter s
u the M
OHOOCO'PA
a
lC
no
be considered, shall be
Y submits no comment or
me it has no objection to the �proposal. 5 the
he COUNTY shall either incl
within its written
decision t e reasons for any action taken contrary to the same or iurnosh such reasons to he
V OCOPAL° Y Oj[ a separate writrg The MU INOCOPAO Y shall be given i notice of, and may
appea- and oe heard at, arid; hearing or otrer procee hq at which te, Ca,\ Y shall consider
a DDS _ VE
_OPOHOFN T s'rbLect to the foregoing referral process.
DDev&Oopinncnt kthin THREE E (3) OHO
D EVE ILO N
annexation to the MUNOCOPALO1CY, the CC)U\ Y s
wit I the Decal tme
anne xaU
mayor and
The D ire c
1
is or
AREA. Upon receipt of any proposa
fo
wit,Nn the THREE (3) E A then currer u*O y ohOlle for voluntary
iDO , in writing, at time of a pro=apphcaUion
rt of Planning Services notify the or _ parent of the gpjoor[tu►ni ), for
or of Planning Services sO i1 u writing, notif the MUNIICfiRi H f l Y's
i t desi gee of he proposal. T
e MUN► OCO A
su
have twenty-one
(2 1) days fol ow°ng contact by the propoi t which sha O be docifiod i l Writii Q wits
copy to the GOUT Y)J to ih gin the COUNTY, ire wri or,pj9 that the MUN CODA TY arrdO the
applicant have agreed to the terms of a ire -annexation aq eeement. The COLA Y shall not
process any woo ication urti he conoletion of s kl tworty-pine (2') days, or urhi the
COJ\ Y receives ratification from the ii\JJ Clink O _ Y 'nat a care-Hrtexation agreement
betweei the AiLL,MICOPALEY and trio app icalit wil not be pursued, whichever occurs sooner.
f no such of ification is received by tne COL TY during said twenty=o ie (2 1) days
processing of the app ication shall continuo by the COUNTY to cornple io►n.
C. \flute a itQy of 7pact Conside ration. The parties recognize that decisions o
dev&Oopment nay impact property outside of its
u iisdicUona boundaries shaH not be the basis for givinG any greater or aesser weight
i ioacts during the course of dehbera iors.
urisdiclliori. The
o those
D. Referra s to Col ui Faty. The MN COPAL Y shaH referiproposalls for DEV LOPMEN which lie
within ive hundred (500) feet of any property in unincorporated k. eld County to the COUNTY
for its review and recou mmerdation. & Jch referral shall i
dude at
east a copy of the writ's
DEVELOPMFN__ oroposai Tno WUN_]COPA O l Y sha O sll®w not ess .than wonty-ono (2')
days for the COUNTY to .review same and firnish its reta yr iendedons to the J\OCOPA F _ -Y.
Of the COUNsubmits no comment or reco'-endation9 tne \ U\ OC OPAL OTY may assume its
nas no ob oction to ino proposa. O`r the _ CO N _ Y submits recommerdatioris= the
MU\OCCOPALOs la either include vOthir its written dedisioi the reasons for a 1y action t ke l
coateary _ to toe same or fu Pnish sicn rep sons to the COUNTY by a separate Wheee
the Dim FLGPMENT is proposed as carry of an annexation or more than ter i o) acres, tr!
provisions of this section srdll be deemed satisfied by comp
n,
ne
no'Uco
i i i i ce b theEU N O C O PA L O T Y wVitl l
d impact report 2rovisions of the most nost currer it version of the Municip annexation
PAGE 3
2019-3643
ORD2019-14
Act then ir effect. The COU\ Y shall be give- rotice of, and may _ appear and be heard at
any 'hearing or other procee ling at which tre VUNDCIIPALDII _ Y shall consider- a
D EVH _O Mi ►_ NI subject to the foreg oirg referral process.
Sec. 12020-60.
of
Fo
miSmerAallion of CPA.
owing the mutual executiu of this CPA, ea
r easures aid an
ection
9-20-50.
as referred to
ch panty shall prorriptiv enact and imp Dement
o its oxustingl regAstions as ma __e necessary to ftwe effect to tre p:rovisi.ns
I�ac• party shall rave soDe and exc isive discretion to d9eteri nine such
new ones enabli hg it to De corn- this CPA. T ch panc y°s ard use Pequ ations
iereinare a
colina aces vvnose
mend
rent requires certain dorrmalities,
notice and puib is hearings. The r u u al covenants h this section and elsewhere to imp
CPA promptly are giver and received with r- ituaD recoil nition and understanding of the
processes irivoDvecl, and such covenants shall be Diberal icy construed in Di ght thereof.
Sec. 19-2
=700 I _ stINShme ft of common Dev&opm ci � [ SitaSarrds.
The MLA C PAL_ TY and COLL\TY shaH, within one
attempt to agree to establi sn common devebry gent
may Incude areas within the MUNDCDPAII Y's boinda
�"� R F _ A. Co- iron development standards s
sta
) year of t
c
uding
i n gl
event this
egislative
e effective date of this CPA
dards within designated areas, which
Ties and/or wi
in the ri
H (3) K D
E
of Dcdd include, but not be United to, roadways (types,
widths, horUzoital design, access and spacii go and drainage (oisite, off -site, discharge,
easemeints, and regional faci8ities).
Sec. `_ 9=20080. Hnscetlaneous provSuons0
Severabihity. Snout d an/ one or more sections or paragraphs o this CPA ilucDicieDly
aeterioned nvalid or unenforceable, suer p,.idlglrrent sna D not affect, impair or invalidate the
remaining provisins of this CPA, Me intention being that the various sections and paragraphs
are severable; provided, however, that the parties shad then review the remaining provisions
to determine if the CPA should continue, as modified, or if she CPA snod be tcrmiated.
B. Termination. This CPA she co
tinue in effect for a roeriod of one
'rear from t
.The date first
written above, and shaH be renewed automatican thereafter for successive one Cf )year
periods. \otwithstanding the foregoing however, corner party may terminate his CPA by
giving at
east twelve C(2 months' written notice thereof to the other party.
C. Airnendrrent. This CPA may be amended on y by a writing executed by the parties and
adopted according) to the sere procedures as the original adopflor (egi ing the fritter
consent of the amendment by loth parties and co ulp lance with the procedures deth thew
Sections D. and E. below).
0. Adoption by the MUN C ° fl D Y. The M> > \ C PAL] _ ^Y sha 1, at pub is earing(s)1 consider this
CPA for adoption upon oub isred notification. VUNDCDPA TY shah provide a comp ete
record of sucr j.public rearing(s) to the COUNTY or reviow prior to he start of the COUNTY's
adoption process detai ed in Section E. below.
Adsption by. the COUNTY. The COU \ T Y shall, upon pLblished notification, consider this CPA
for adoption and amend let to c''apter '9 of the Weal County Code. n The course of such
adoption Process, the COUNTY shaD review the comp ete record o4' she public hearing (s) he d
by the VUNOaDA wherein it consodered this CPA go adoption. The effective date of this
CPA sha D _ be its effective date of a. ycndrent to the dl CoCounty Code.
PAGE 4
2019-3643
ORD2019-14
F Reserved Rights. Nothing herein shall be construed to limit any procedural or substantive
rights afforded a parted under law respecting the matters that are the subject of this CPA
iic uding 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 Ha- enforce this CPA Fby an action for specific performance,
declaratory and/or injunctive relief, or other equitable relief. The patties 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
fight to enforce the provisions of 'this CPA.
BE IT FURTHER ORDAINED by the Board that the Clerk t0 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 DAINED 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 2019-14 was, on motion duly made and
seconded, adopted by the following vote on the 23rd day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Steve Moreno
Date of signature:
PAGE 5
2019-3643
ORD2019-14
First Reading:
Publication:
August 12, 2019
August 21, 2019, in the Greeley Tribune
Second Reading: September 4, 2019
Publication: September 11, 2019, in the Greeley Tribune
Final Reading:
Publication:
September 23, 2019
October 2, 2019, in the Greeley Tribune
Effective: October 7, 2019
PAGE 6
2019-3643
ORD2019-14
Hello