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Home My WebLink About20172719.tifft-7- /7 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 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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." PAGE 1 2017-2719 ORD2017-06 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 I 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. PAGE 2 2017-2719 ORD2017-06 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 PAGE 3 2017-2719 ORD2017-06 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). PAGE 4 2017-2719 ORD2017-06 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. PAGE 5 . 2017-2719 ORD2017-06 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. PAGE 6 2017-2719 ORD2017-06 The above and foregoing Ordinance Number 2016-04 was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Julie A. Cozad, Chair Weld County Clerk to the Board Steve Moreno, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney Barbara Kirkmeyer Date of signature: First Reading: July 17, 2017 Publication: July 26, 2017, in the Greeley Tribune Second Reading: August 7, 2017 Publication: August 16, 2017, in the Greeley Tribune Final Reading: August 28, 2017 Publication: September 6, 2017, in the Greeley Tribune Effective: September 11, 2017 PAGE 7 2017-2719 ORD2017-06 Hello