HomeMy WebLinkAbout20172316NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2017-06 was introduced on
first reading on July 17, 2017, and a public hearing and second reading was held on August 7,
2017. A public hearing and final reading was completed on August 28, 2017, 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.co.weld.co.us). 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@co.weld.co.us.
ORDINANCE NO. 2017-06
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: September 11, 2017
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 1, 2017
PUBLISHED: September 6, 2017, in the Greeley Tribune
02-o/7-01-01 Co'
Affidavit of Publication
NOSE OF
FINAL .READ OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2017-06 was introduced on first reading on July 1.7,
2017, and a public -hearing and second reading was held on Au-
gust 7, 2017. A public hearing and final reading was completed
on August 28, 2017, 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 ac-
cessed through the Weld County Web Page
(www.co.wetd.co.us). E -Mail messages sent to an individual
Commissioner ma 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@co.weld.co.us.
ORDINANCE NO. 2017-06
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDI-
NATED. PLANNING AGREEMENTS, OF THE WELD COUNTY
CODE
EFFECTIVE DATE: September,11, 2017
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 1, 2017
PUBLISHED: September 6, 2017, in the Greeley Tribune
The Tribune
September 6, 2017
STATE OF COLORADO
County of Weld,
I Kelly Ash
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
ss.
that the same is a daily newspaper of general
circulation and primed 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
Sixth day of September A.D. 2017 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Sixth day of September A.D. 2017 that said The
Greeley Tribune 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 6, 2017
Total Charges: $10.84
6th day of Septem. er 2017
My Commission Expires 2/14/2019
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STATE
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NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2017-06 was introduced on
first reading on July 17, 2017, and a public hearing and second reading was held on
August 7, 2017, 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 August 28, 2017. 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.co.weld.co.us). 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@co.weld.co.us.
ORDINANCE NO. 2017-06
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: August 28, 2017, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 10, 2017
PUBLISHED: August 16, 2017, in the Greeley Tribune
7O / 7-p2.5/6.
Affidavit of Publication
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2017-06 was introduced on first reading on July 17,
2017, and a public hearing and second reading was held on Au-
gust 7, 2017, with no change being made to the text of said Or-
dinance. 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, Colo-
rado 80631, on August 28, 2017. All persons in any manner in-
terested 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 Admin-
istration Building, 1150 0 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.co.weld.co.us). 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@co.weid.co.us.
ORDINANCE NO. 2017-06
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: August 28, 2017, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 10, 2017
PUBLISHED: August 16, 2017, in the Greeley Tribune
The Tribune
August 16, 2017
STATE OF COLORADO
County of Weld,
I Kelly Ash
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
SS.
that the same is a daily 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
Sixteenth day of August A.D. 2017 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Sixteenth day of August A.D. 2017 that said The
Greeley Tribune 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 16, 2017
Total Charges: $12.69
28th day of August 2017
My Commission Expires 2/14/2019
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NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2017-06 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
July 17, 2017. 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 August 7, 2017. 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.co.weld.co.us). 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@co.weld.co.us.
ORDINANCE NO. 2017-06
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: August 7, 2017, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 21, 2017
PUBLISHED: July 26, 2017, in the Greeley Tribune
*******
WELD COUNTY
CODE ORDINANCE 2017-06
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
020/ 7- A 3/6
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 AGREEMENT
Add ARTICLE XVIII - Timnath Plan in its entirety.
ARTICLE XVIII
Timnath Plan
Sec.19-18-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
28th day of August, 2017, 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 Timnath, a Colorado municipal corporation, whose address is
4800 Goodman Street, Timnath, CO 80547, hereinafter called the "MUNICIPALITY." The
COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as "party" and
collectively as "the parties."
Sec. 19-18-20. 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 (not including water and
sewer services, which are provided by overlapping water and sanitation districts) based on the
municipality's code and/or other municipal service policies within the THREE (3) MILE AREA, as
defined herein; and
C. The MUNICIPALITY will be annexing property in Weld County; and
D. 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
E. Title 29, Article 20 of the Colorado Revised Statutes authorizes and encourages local
governments to cooperate and contract with each other for planning and regulating the
development of land by the joint and coordinated exercise of planning, zoning, subdivisions,
building, and related regulatory powers; and
F. 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
G. 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. 19-18-30. 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. 19-18-40. 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. 19-18-50. Planning Coordination.
This CPA is intended to be a Comprehensive Development Plan adopted and implemented
pursuant to Section 29-20-105(2) C.R.S. 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 may 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. 19-18-60. 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 19-18-50. 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. 19-18-70. 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. 19-18-80. 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.
H. Notice. Any notice required under this Agreement shall be in writing and shall be
hand -delivered or sent by registered or certified mail, return receipt requested, postage prepaid,
to the addresses of the parties herein set forth. Any notice so given shall be considered effective
seventy-two (72) hours after deposit in the United States mail with the proper address set forth
below. Notice may also be given by telefax transmission, and shall be deemed received on the
date of such transmission. Either party by notice so given, may change the address to which
future notices shall be sent.
Notice to Municipality:
Notice to County:
Town of Timnath
4800 Goodman Street
Timnath, CO 80547
Fax: (970) 224-3217
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.
ffidavit of Publication
STATE OF COLORADO
County of Weld,
I Kelly Ash
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
SS.
that the same is a daily 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 -Sixth day of July A.D. 2017 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Twenty -Sixth day of July A.D. 2017 that said
The Greeley Tribune 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.
July 26, 2017
Total Charges: $139.25
26th day of July 2017
My Commission Expires 2/14/2019
JERILYN L. MP RTINEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074006708
MY COMMISSION EXPIRES FEBRUARY 14, 2019
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2017-06 published below, was introduced and, on motion duly
made and seconded, approved upon first reading on July 17, 2017. 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 0 Street, Greeley, Colorado 80631, on Au-
gust 7, 2017. 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, Colo-
rado, 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.co.weld.co.us). 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 egesickeco.weld.co.us.
ORDINANCE NO. 2017-06
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: August 7, 2017 at 9.00 a m
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 21, 2017
PUBLISHED: July26, 2017, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2017-06
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 @oard 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 perma-
nent 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 AGREEMENT
Add ARTICLE XVIII - Timnath Plan in its entirety.
ARTICLE XVIII
Timnath Plan
Sec.19-18.10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the 28th day of August. 2017, A.D., between
the Bow u or County Commissioners of the County of Weld, State of Colorado, whose address is 1150 0 Street, Greeley, CO 80631,
hereinafter called the "COUNTY," and the Town of Timnath, a Colorado municipal corporation, whose address is 4800 Goodman
Street, Timnath, CO 80547, hereinafter called the "MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes
referred to individually as "party" and collectively as 'the parties."
Sec. 19-18-20. 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 (not
including water and sewer services, which are provided by overlapping water and sanitation districts) based on the municipality's
code and/or other municipal service policies within the THREE (3) MILE AREA, as defined herein; and
C. The MUNICIPALITY will be annexing property in Weld County; and
D. 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
E. Title 29, Article 20 of the Colorado Revised Statutes authorizes and encourages local governments to cooperate and contract with
each other for planning and regulating the development of land by the joint and coordinated exercise of planning, zoning,
subdivisions, building, and related regulatory powers; and
•
F. 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
G. 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. 19.18-30. 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 MUNICWALITY. The
objectives of such efforts are to accomplish the type of development in such areas which best protects the health, Sately, prosperity,
and general welfare of the inhabitants of the parties and to achieve maximum efficiency and economy in the process ofEevelopment.
However, any action taken pursuant to this CPA that pertains to any land within the MUNICIPALITY, for incorporated a s, and
within the COUNTY, for unincorporated areas, is subject to exclusive final approval by the governing body of the MUNICIPALITY or
COUNTY, respectively.
Sec. 19-18-40. 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 (31
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. 19-18-50. Planning Coordination.
This CPA is intended tobe a Comprehensive Development Plan adopted and implemented pursuant to Section 29-20-105(2) C.R.S.
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 COUN fY 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 foOEVEIOPMENT within the THREE (3) MILE AREA
then currently eligible for voluntary annexation to the MUNICIPALITY. the COON Y shat, in writing, at time of a pre -application with
the Department of Planning Services, notify the proponent of the opportunity for ;nnexaion. The Director of Planning Services shall,
in writing, notify the MUNICIPALITY's mayor and his or her designee of the propisal. Tie MUNICIPALITY shall have twenty-one (21)
days following contact by the proponent, which shall be documented, in writing, (with a (opt to the COUNTY), to notify the COUNTY,
in writing, that the MUNICIPALITY and the applicant have agreed to the terms ofa pre -annexation agreement. The COUNTY shall not
process any application until the completion of said twenty-one (21) days, or untifthe COUNTY receives notification from the
MUNICIPALITY that a pre -annexation agreement between the MUNICIPALITY aid 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
may 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 dertimrations.
D. Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT which lie within five Modred (500) feet of any
property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral shai.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 recommendatidns 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 theq 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. 19-18-60. 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 19-18-50. 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. 19-18-70. 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. 19-18-80. 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 proce-
dures 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 bliheare ing(s)
(s) held by the MUhe 1d MUNICIPALITYCounty
wherein
it considered this CPA for adoption. The effective date of this CPA shall be its effF. 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 (his CPA.
H. Notice. Any notice required under this Agreement shall be in writing and shal be hand -delivered or sent by registered or certified
mail, return receipt requested, postage prepaid, to the addresses of the parties 'terrain set forth. Any notice so given shall be
considered effective seventy-two (72) hours after deposit in the United States rail with the proper address set forth below. Notice
may also be given by telefax transmission, and shall be deemed received on the date of such transmission. Either party by notice so
given, may change the address to which future notices shall be sent.
Notice to Municipality Town of Timnath
4800 Goodman Street
Timnath, CO 80547
Fax: (970) 224-3277
Notice to County:
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, tocoincide 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
zany 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 Tribune
July 26, 2017
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