HomeMy WebLinkAbout20161135.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-02 was introduced on
first reading on March 28, 2016, and a public hearing and second reading was held on
April 18, 2016. A public hearing and final reading was completed on May 9, 2016, 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. 2016-02
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: May 23, 2016
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 13, 2016
PUBLISHED: May 18, 2016, in the Greeley Tribune
0. 0 l - //J��
Affidavit of Publication
STATE OF COLORADO
ss.
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,
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
NOTICE OF consecutive (days) : that the notice was published in
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance the regular and entire issue of every number of said
Number 2016-02 was introduced second reading was on Iheld on arch April newspaper during the period and time of
2016,8, 2016. a public hearingand was publication of said notice, and in the newspaper
18, A public hearing e being final reading
to the text opsa d Or-
dina c , and with no change proper and not in a supplement thereof; that the
Effecdinance, and on motion dulanceas I sted bel°oweAny backup ted.
material, exhi it said Ordinance first publication of said notice was contained in the
material, exhibits or informationnls previously ing thls►tmatter tmay be
Board of County Commissioners Eighteenth day of May A.D. 2016 and the last
examined in the office ° in the Weld Countf the Clerk to the ByoAdministration Com
Builds missioners, located eeh publication thereof: in the issue of said newspaper
between the hours
Building, 1150 O Street, Greeley, Colorado!
Friday,, or may be ac- .
of 8:00 a.m. and 5:00 p.m., Monday y e bearing the date of the
cessed through the Weld
Mail messages Web sent to an individual
Commi s.wioene co.us). Eighteenth day of May A.D. 2016 that said The
Commissioner may not be included in the case file. To ens
inclusion of your E-Mail correspondence into the case file, please
Greeley Tribune has been published continuously
send a copy to egesick@co.weld.co.us.
and uninterruptedly during the period of at least six
ORDINANCE NO. 2016-02
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 1D9 CO O COUNTY
months next prior to the first issue thereof
contained said notice or advertisement above
NATED PLANNING AGREEMENTS, OF THE WELD
CODE EFFECTIVE DATE: May 23, 2016 referred to; that said newspaper has been admitted
BOARD OF COUNTY COMMISSIONERS to the United States mails as second-class matter
WELD COUNTY, COLORADO under the provisions of the Act of March 3 , 1879 , or
DATED: May 13, 2016 , ,
The Tribune any amendments thereof; and that said newspaper
May 18, 2016 is a daily newspaper duly qualified for publishing
legal notices and advertisements within the
meaning of the laws of the State of Colorado.
May 18 , 2016
Total Charges : $ 11 . 05
/e_1/4„c. 2_12LI
18th day of May 2016
My Commission Expires 2/ 14/2019
Acuisc
Notary Public
JERILYN L. MARTINEZ
NOTARY PUBLIC
STATE OF COLORADO
MY C0MMN�5 ON ID
I EXPIRES FEBRUARY 14, 2019
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-02 was introduced on
first reading on March 28, 2016, and a public hearing and second reading was held on
April 18, 2016, 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 May 9, 2016. 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) 336-7215, Extension 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. 2016-02
ORDINANCE TITLE: IN THE MATTER OF REPALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
DATE OF NEXT READING: May 9, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 22, 2016
PUBLISHED: April 27, 2016, in the Greeley Tribune
O.?,O1 -
• Affidavit of Publication
STATE OF COLORADO
ss.
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,
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
NOTICE OF consecutive(days): that the notice was published in
SECOND READING OF ORDINANCE . the regular and entire issue of every number of said
Pursuant to the Weld County Home Rule Charter.Ordinance newspaper during the period and time of
Number 2016-02 a was ingand introduced
o firt ren a on M nh 2p8, of said notice, and in the newspaper
2016,and a public hearing and second reading was held on April publication
18,2016,with no change being made to the text of said Ordi-
nance. A public hearing and third reading is scheduled to be proper P supplement
held in the Chambers of the Board,located within the Weld first publication of said notice was contained in the
County Administration Building,1150 O Street,Greeley,Colo-
rado 80631,on May 9,2016. All persons in any manner inter- Twenty-Seventh day of April A.D. 2016 and the
ested in the next reading of said Ordinance are requested to at-
tend P
and may be heard.Please contact the Clerk to the Board's last publication thereof: in the issue of said
Office at phone(970)336-7215,Extension 4225,or fax(970)
336.7233,prior to the day of the hearing if,as a result of'a dis- newspaper bearing the date of the
ability,you require reasonable accommodations in order to par-
ticipate in this hearing Any backup material,exhibits or intone- Twenty-Seventh day of April A.D. 2016 that
Lion previously submitted to the Board of County Commissioners
concerning this matter may be examined in the office of the Clerk said The Greeley Tribune has been published
to the Board of County Commissioners,located within the Weld
County Administration Building,1150 O Street.Greeley,Colo- continuously and uninterruptedly during the period
rado,between the hours of 8:00 a.m.and 5:00 p.m.,Monday th-
ru Friday,or may be accessed through the Weld County Web of at least six months next prior to the first issue
Page(www.co.weld.co.us). E-Mail messages sent to an individ-
ual Commissioner may not be included in the case file. To en- thereof contained said notice or advertisement
sure inclusion of your E-Mail correspondence Into the case
file,please send a copy to egesick@co.weld.co.us. above referred to; that said newspaper has been
ORDINANCE NO. 2016-02 admitted to the United States mails as second-class
ORDINANCE TITLE: IN THE MATTER OF REPALING AND under the provisions of the Act of March
REENACTING,WITH AMENDMENTS.CHAPTER 19 COORDI- matter
NATED PLANNING AGREEMENTS,OF THE WELD COUNTY
CODE 3,1879, or any amendments thereof; and that said
DATE OF NEXT READING: May 9.2016.at 9:00 a.m. newspaper is a daily newspaper duly qualified for
WELD COUNT OF
COUNTY
0 CO COISSIONERSS publishing legal notices and advertisements within
O
DATED: April 22,2016 the meaning of the laws of the State of Colorado.
The Tribune
April 27,2016
April 27,2016
To 1 ar es: $12.95
27th day of Apri 2016
My Commission Expires 6/14/2017
441
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRESJUNE 14,2017
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-02 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
March 28, 2016. 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 April 18, 2016. 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) 336-7215, Extension 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. 2016-02
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: April 18, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 1, 2016
PUBLISHED: April 6, 2016, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2016-02
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
Repeal and re-enact ARTICLE IX - Kersey Plan in its entirety.
ARTICLE IX
Kersey Plan
Sec.19-4-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the 9th
day of May, 2016, 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 Kersey, a Colorado municipal corporation, whose address is 332
3rd Street, Kersey, CO 80644, hereinafter called the "MUNICIPALITY." The COUNTY and
MUNICIPALITY are hereinafter sometimes referred to individually as "party" and collectively as
"the parties."
Sec. 19-4-20. Recitals.
A. The COUNTY exercises governmental authority regulating land use, growth and development
within the unincorporated areas of Weld County, Colorado, which areas include lands surrounding
the MUNICIPALITY; and
B. The MUNICIPALITY exercises governmental authority with respect to land use, growth, and
development within its municipal boundaries and regarding its annexations, and has
demonstrated the capability of providing municipal services and facilities (including water and
sewer services based on the municipality's code and/or other municipal service policies) within
the THREE (3) MILE AREA, as defined herein; and
C. Title 29, Article 20 of the Colorado Revised Statutes grants broad authority to local
governments to plan for and regulate development and the use of land within their respective
jurisdictions, accomplishing such activities through public processes that respect, protect, and
promote private property rights; and
D. Title 29, Article 20 of the Colorado Revised Statutes authorizes and encourages local
governments to cooperate and contract with each other for the purpose of planning and regulating
the development of land by the joint and coordinated exercise of planning, zoning, subdivisions,
building, and related regulatory powers; and
E. Pressures for growth and development in the MUNICIPALITY and COUNTY indicate that the
joint and coordinated exercise by the COUNTY and MUNICIPALITY of their respective planning,
zoning, subdivision, building and related regulatory powers in such areas will best promote the
objectives stated in this CPA; and
F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan, set
forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which
encourages the establishment of intergovernmental agreements concerning growth areas with
each municipality in Weld County.
Sec. 19-4-30. 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. 19-4-40. 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. 19-4-50. 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 of the COUNTY), to notify the
COUNTY, in writing, that the MUNICIPALITY and the applicant have agreed to the terms of a pre-
annexation agreement. The COUNTY shall not process any application until the completion of
said twenty-one (21) days, or until the COUNTY receives notification from the MUNICIPALITY
that a pre-annexation agreement between the MUNICIPALITY and the applicant will not be
pursued, whichever occurs sooner. If no such notification is received by the COUNTY during said
twenty-one (21) days, processing of the application shall continue by the COUNTY to completion.
C. Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding
development may impact property outside of its jurisdiction. The parties agree that jurisdictional
boundaries shall not be the basis for giving any greater or lesser weight to those impacts during
the course of deliberations.
D. Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT which lie
within five hundred (500) feet of any property in unincorporated Weld County to the COUNTY for
its review and recommendation. Such referral shall include at least a copy of the written
DEVELOPMENT proposal. The MUNICIPALITY shall allow not less than twenty-one (21) days
for the COUNTY to review same and furnish its recommendations to the MUNICIPALITY. If the
COUNTY submits no comment or recommendation, the MUNICIPALITY may assume it has no
objection to the proposal. If the COUNTY submits recommendations, the MUNICIPALITY shall
either include within its written decision the reasons for any action taken contrary to the same or
furnish such reasons to the COUNTY by a separate writing. Where the DEVELOPMENT is
proposed as part of an annexation of more than ten (10) acres, the provisions of this section shall
be deemed satisfied by compliance by the MUNICIPALITY with the notice and impact report
provisions of the most current version of the Municipal Annexation Act then in effect. The
COUNTY shall be given notice of, and may appear and be heard at any hearing or other
proceeding at which the MUNICIPALITY shall consider a DEVELOPMENT subject to the
foregoing referral process.
Sec. 19-4-60. 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 19-4-50. 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. 19-4-70. 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. 19-4-80. 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 year from the date first
written above, and shall be renewed automatically thereafter for successive one (1) year periods.
Notwithstanding the foregoing, however, either party may terminate this CPA by giving at least
twelve (12) months' written notice thereof to the other party.
C. Amendment. This CPA may be amended only by a writing executed by the parties and
adopted according to the same procedures as the original adoption (requiring the written consent
of the amendment by both parties and compliance with the procedures detailed in Sections D.
and E. below).
D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall at public hearing(s), consider this
CPA for adoption upon published notification. The MUNICIPALITY shall provide a complete
record of such public hearing(s) to the COUNTY for review prior to the start of the COUNTY's
adoption process detailed in Section E. below.
E. Adoption by the COUNTY. The COUNTY shall, upon published notification, consider this CPA
for adoption and amendment to Chapter 19 of the Weld County Code. In the course of such
adoption process, the COUNTY shall review the complete record of the public hearing(s) held by
the MUNICIPALITY wherein it considered this CPA for adoption. The effective date of this CPA
shall be its effective date of amendment to the Weld County Code.
F. Reserved Rights. Nothing herein shall be construed to limit any procedural or substantive
rights afforded a party under law respecting the matters that are the subject of this CPA, including
without limitation any rights of referral, participation or judicial review related to any land use or
development procedure or approval of the other party, which rights are hereby reserved to each
party.
G. Enforcement. Either party may enforce this CPA by an action for specific performance,
declaratory and/or injunctive relief, or other equitable relief. The parties agree the remedies for
enforcement hereof are limited to non-monetary relief, and each party hereby waives any right to
seek damages for any violation of this CPA. No other person or entity shall have any right to
enforce the provisions of this CPA.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed
to arrange for Municode to supplement the Weld County Code with the amendments contained
herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently
exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and
numbering or placement of chapters, articles, divisions, sections, and subsections in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
NOTICE OF
•
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter,Ordinance Number 2016-02 published below,was introduced and,on motion duly
made and seconded,approved upon first reading on March 28,2016. 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
April 18,2016.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)336-7215,Extension 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. 2016-02
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: April 18,2016,at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED: April 1,2016
PUBLISHED: April 6,2016,in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2016-02
IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 19 COORDINATED PLANNING
AGREEMENTS,OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO'
WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,pursuant to Colorado statute and the
Weld County Home Rule Charter,is vested with the authority of administering the affairs of Weld County,Colorado,and
WHEREAS,the Board of County Commissioners,on December 28,2000,adopted Weld County Code Ordinance 2000-1,enacting
a comprehensive Code for the County of Weld,including the codification of all previously adopted ordinances of a general and per-
manent nature enacted on or before said date of adoption,and
WHEREAS,the Weld County Code is in need of revision and clarification with regard to procedures,terms,and requirements
therein.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado,that cer-
tain existing Chapters of the Weld County Code be,and hereby are,repealed and re-enacted,with amendments,and the various
Chapters are revised to read as follows.
CHAPTER 19
COORDINATED PLANNING AGREEMENT
Repeal and re-enact ARTICLE IX-Kersey Plan in its entirety.
ARTICLE IX
Kersey Plan
•
Sec.19-4-10. Introduction,
This Coordinated Planning Agreement("CPA")is made and entered into effective as of the 9th day of May,2016,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 Kersey,a Colorado municipal corporation,whose address is 332 3rd
Street,Kersey,CO 80644,hereinafter called the"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes
referred to individually as"party"and collectively as"the parties."
Sec.19.4.20. Recitals.
A. The COUNTY exercises governmental authority regulating land use,growth and development within the unincorporated areas of
Weld County,Colorado,which areas include lands surrounding the MUNICIPALITY;and
B. The MUNICIPALITY exercises governmental authority with respect to land use,growth,and development within its municipal
boundaries and regarding its annexations,and has demonstrated the capability of providing municipal services and facilities(includ-
ing water and sewer services based on the municipality's code and/or other municipal service policies)within the THREE(3)MILE
AREA,as defined herein;and
C.Title 29,Article 20 of the Colorado Revised Statutes grants broad authority to local governments to plan for and regulate devel-
opment and the use of land within their respective jurisdictions,accomplishing such activities through public processes that respect,
protect,and promote private property rights;and
D.Title 29,Article 20 of the Colorado Revised Statutes authorizes and encourages local governments to cooperate and contract
with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of plan-
ning,zoning,subdivisions,building,and related regulatory powers;and
E. Pressures for growth and development in the MUNICIPALITY and COUNTY indicate that the joint and coordinated exercise by
the COUNTY and MUNICIPALITY of their respective planning,zoning,subdivision,building and related regulatory powers in such
areas will best promote the objectives stated in this CPA;and
F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan,set forth in Section 22-2-40 of the
Weld County Code and,in particular,UD.Goal 2.,which encourages the establishment of intergovernmental agreements concerning
growth areas with each municipality in Weld County.
Sec.19-4-30. Purposes and Objectives.
The purpose of this CPA is to establish procedures and standards pursuant to which the parties will move toward greater coordina-
tion 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 incorpo-
rated 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.19-4-40. Definitions.
,,for rposes of the owing.terms shall be defined aSSet forth herein: e.t.e
DEVELOPMENT. Any(and 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.19-4-50. Planning Coordination.
This CPA it 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 pames,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 recomme UNiCIPALITY does not respond within such time,the COUNTY staff may proceed with its rec-
ommendation, 1f ht 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-appli-
cation 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(2i)days following contact by the proponent,which shall be documented,in writing,(with a copy of the COUNTY),
to notify the COUNTY,in writing,that the MUNICIPALITY and the applicant have agreed to the terms of a pre-annexation agree-
ment.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,
protemoing or me application snail continue by the COUNTY to completion.
C.Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding development may impact prop-
erty 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 snail allow not less than twenty-one(21)days for the .
COUNTY to review same and furnish its recommendations to the MUNICIPALITY, it the COUNTY submits no comment or recom-
mendation,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..ef,
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,19-4-60. Implementation of CPA.
Following the mutual execution of this CPA,each party shall promptly enact and implement such amendments to its existing regula-
tions as may be necessary to give effect to the provisions of Section 19-4-50. 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.19-4-70, 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.19-4-80. 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 sec-
tions 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 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 proce-
dures as the original adoption(requiring the written consent of the amendment by both parties and compliance with the procedures
detailed in Sections D.and B.below).
D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall at public hearing(s),consider this CPA for adoption upon pub-
lished 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
Parh'.
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 arelimited 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,subsec-
tion,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,para-
graphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid.
The Tribune
April 6,2016
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held
before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld
County Administration Building, 1150 O Street, Greeley,Colorado,at the times specified below. A Second and Third
reading of said Ordinance will be considered on April 18, 2016, and May 9, 2016.
The complete case file may be examined by calling the Department of Planning Services at (970)
353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. 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 prior to the Planning Commission hearing, please call
the Department of Planning Services to obtain the appropriate contact information. For inclusion of
any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us.
If a court reporter is desired for either hearing, please advise the Department of Planning Services
or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a
court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities
Act, if special accommodations are required in order for you to participate in this hearing, please contact
the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at
(970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning
Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or
otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers
above, for hearing continuance information.
DOCKET#: 2016-34
PLANNING COMMISSION DATE: March 15, 2016
TIME: 12:30 p.m.
BOARD OF COMMISSIONERS DATE: March 28, 2016
TIME: 9:00 a.m.
CASE NUMBER: ORDINANCE 2016-02
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, CHAPTER 19
COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE.
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: February 19, 2016
PUBLISHED: February 24, 2016, in the Greeley Tribune
2016-1135
4,
Affidavit of Publication
STATE OF COLORADO
5s.
County of Weld,
I, Diane McConkey
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
NOTICE that the same is a daily newspaper of general
circulation and printed and published in the City of
Pursuant to erne Zoning hews 1 the State of Colorado and the
Weld County Cain.a cum hoeing win be held balers one weld Greeley, in said county and state; that the notice or
Coolly Plamlrq Cann scion anc the Board of County Cartels•
toners es Me Bear ng Room w.w county AdmmDatrawn advertisement,of which the annexed is a true copy,
Sul105 a Sheet,Greeley Colorado.at the dmoe soeci- has been published in said daily newspaper for
t1 A Second end Tl-rd rwedng of as 8 4nr-,:e ,t
litaogleeta beex mined catlingtheDepart- consecutive(days): that the notice was published in
!�*M eof Plats cane of maybe 70:3 0 6
*MU of with
ale lg So plane at(970;35'0 tfiCe 1n o Cl a<r woe
meats wire Mee caul planner or at the ol6oe of 1ha Clear to the the regular and entire issue of every number of said
Board of County Commlaalonees.WOO Cot#j ACmnleMatlo r newspaper during the period and time of
P.uia ng '160 O Street,Greeley,Cokua 1 1 E MW mes-
sages sent to ar ndlvltktal Comniesioner may not be irettdee.1 publication of said notice, and in the newspaper
the case tile Tc ensure ndualon o'yips'E.Mee oomaapurdence
�nlo the Cage Na preen b the Ptanr"ng Conrraswn healing m and not in a supplement thereof; that the
cM,aee cell tt�e ikpannwnt at Ptarrnng Se"A°�to obtain the proper PP
eoproprtate centers information.For rrscluaon of any oarrespon first publication of said notice was contained in the
dance price 1.o the 9cnrd of Commr9siorwe hearing E-mat age-
sek000 wrdd.co.us. -twenty-Fourth day of February A.D. 2016 and
It a count,etrt,tp rs pawed for sew Rearing pease tidied Me
1- the last publication thereof in the issue of said
nq,�ertmarn of Planning Servitor or the Clerk to Me carte cx•
boa in*Ming at least rva caya pflor to the healing The cow 0
engaging a otxrn gear shall be home by the requestrrg both: newspaper hearing the date of the
In comm accordance with the aimed sae der Ins
you
Matinees rt<it owletInTwenty-Fourth of February A.D. 2016 that
accommortat+ona arc maimed r anger fa youth parts-vale M _
inns hearing,please contact Me Department of Periling Same.
said The Greeley Tribune has been published
mat 1970)35 m 3 8106 Eel 3519, the Clerk to the Bards Of-
fine at(9701336.7216.Fact 4228,Poor terse lay of the heerrIg.
All cases acteekf rd before the Planning Commission V Boanf-al continuously and uninterruptedly during the period
CoJnly CorMilaetCnere are eLblecl to continuance due lo WM sf
Querun Or olterwise Coitec.the Dell tment al Mannino San- of at least six months next prior to the first issue
Ices or the.Clerk to the Bmrd s Cellos al the numbers share,for thereof contained said notice or advertisement
cominuenci nfermetiui
rtODKET e.2418-34
PLANNING COMMISSION DATE March IS 2018 above referred to; that said newspaper has been
TIME: 12:30 p.m admitted to the United States mails as sect nd-CIa.5S
BOARD OF COMMISS DIVERS DATE:March 26.X11b
TIME 9-04 a.rn matter under the provisions of the Act of March
CA$E NUMBER ORDINANCE 2016
PRESENTED BY:TOM PARI(O AND REEN 3,1879, or any amendments thereof; and that said
REDDEST:
CTT/0 WITN THE H AAMENDMERNTS OF CHAPTER C9 COORDINAT newspaper is a daily newspaper duly qualified for
ED PLANNING M SSI AGREEMENTS Of THE wan COUNTY publishing legal notices and advertisements within
tkoolCODE
WELD COUNTY,G C fCOS10N
WELD Ta°p- w�COLORADO the meaning of the laws of the State of Colorado.
The
bvr ,rte February 24, 2016
Fa a7 94,2016
Total Charges: $16.19
cey,iiii 1
24th day of February 2016
My Commission Expires 6/14/2017
Notary Public
LY,//" ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2001401&494
COMMISSION EXPIRES JUNE 14,2017
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