HomeMy WebLinkAbout20161499.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-4 was introduced on
first reading on May 2, 2016, and a public hearing and second reading was held on May 23, 2016.
A Pablic hearing and final reading was completed on June 13, 2016, with no change being made
to tile 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 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.weld.co.us.
ORDINANCE NO. 2016-4
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: June 27, 2016
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 17, 2016
PUBLISHED: June 22, 2016, in the Greeley Tribune
o2-0 / 6 - / 41.
- • 4
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
the regular and entire issue of every number of said
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2016-4 was introduced on first reading on May 2, 2016, newspaper during the period and time of
and a public hearing and second reading was held on May 23,
2016. A public hearing and final reading was completed on June publication of said notice, and in the newspaper
Ordi-
nance,2016,e, with change being made toa the text of said d adopted.
proper and not in a supplement thereof; that the
Hance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below. Any backup first publication of said notice was contained in the
material. exhibits or information previously submitted to the
Board of County Commissioners concerning this matter may be Twenty-Second day of June A.D. 2016 and the
examined in the office of the Clerk to the Board of County Com-
missioners, located within the Weld County Administration last publication thereof: in the issue of said
Building, 1 150 O Street, Greeley, Colorado, between the hours
of 8:00 a.m. and 5:00 p.m.. Monday thru Friday, or may be ac- newspaper bearing the date of the
cessed through the Weld County Web Page
6www.co.weld.co.us). E-Mailmessages sent to an individual Twenty-Second day of June A.D. 2016 that said
ommissioner may not be inclumded in the case file. To ensure — --
inclusion of your E-Mail correspondence into the case file, please The Greeley Tribune has been published
send a copy to egesick@co.weld.co.us.
continuously and uninterruptedly during the period
ORDINANCE NO. 2016-4
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND of at least six months next prior to the first issue
REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDI-
NATED PLANNING AGREEMENTS, OF THE WELD COUNTY thereof contained said notice or advertisement
CODE
EFFECTIVE DATE: June 27, 2016 above referred to; that said newspaper has been
BOARD OF COUNTY COMMISSIONERS admitted to the United States mails as second-class
WELD COUNTY, COLORADO provisions
under the
DATED: June 17, 2016 matter of the Act of March
The Tribune 3,1879, or any amendments thereof; and that said
June 22, 2016 newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
June 22, 2016
Total barges: $ 11 .05
22nd day of June 2016
My Commission Expires 2/14/2019
Notary Public
JERILYN L. MARTINEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074006708
MY COMMISSION EXPIRES FEBRUARY 14, 2019
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-04 was introduced on
first reading on May 2, 2016, and a public hearing and second reading was held on May 23, 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 June 13, 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. 2016-04
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: June 13, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 27, 2016
PUBLISHED: June 1 , 2016, in the Greeley Tribune
o1'6 - 11
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
mit
consecutive (days): that the notice was published in
NOTICE OF
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 2016-04 was introduced on first reading on May 2, publication of said notice, and in the newspaper
2016, and a public hearing and second reading was held on May
23, 2016, with no change being made to the text of said Ordi- proper and not in a supplement thereof; that the
hence. A public hearing and third reading is scheduled to be
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 June 13, 2016, All persons in any manner inter- First day of June A.D. 2016 and the last
ested in the next reading of said Ordinance are requested to at-
tend and may be heard. Please contact the Clerk to the Board's publication thereof: in the issue of said newspaper
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-
bearing the date of the
ability, you require reasonable accommodations in order to par
ticipate in this hearing, Any backup material, exhibits or informa First day of June A.D. 2016 that. said The
tion previously submitted to the Board of County Commissioners
concerning this matter may be examined in the office of the Clerk Greeley Tribune has been published continuously
to the Board of County Commissioners, located within the Weld County Administration Building, 1 150 O Street, Greeley, Colo_ and uninterruptedly during the period of at least six
rado, between the hours of 6:00 a.m. and 5:00 p�.m•, Monday th- months next prior to the first issue thereof
ru Friday, or may be accessed through the Weld County Web
ualgCommissionerl may nsot be inc uded inil ges the caase�ie. To an iven contained said notice or advertisement above
sure Inclusion of your E_Mail correspondence into the case referred to; that said newspaper has been admitted
file, pose send a copy to egesicko+co.weld.co.us.
IDIfiDtNAMCE NO. 2016-04to the United States mails as second-class matter
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND under the provisions of the Act of March 3,1879, or
REENACTING WITH AMENDMENTS. CHAPTER 19 COOFIDI-
ODED PLANNING AGREEMENTS, OF THE WELD COUNTY any amendments thereof; and that said newspaper
CODE
DATE OF NEXT READING: June f 3, 2016, at 9:00 am. is a daily newspaper duly qualified for publishing
BOARD OF COUNTY COilattSSIONERS legal notices and advertisements within the
WELD COUNTY, ( Lapp
DATED: May 23'; 2016
meaning of the laws of the State of Colorado.
The Tribune
June 1, 2010
June I , 2016
T to Char yes: ' 12.95
1st day of Ju e 2416
My Commission Expires 2/14/2019
Notary Public
JERILYN L. MARTINEZ
NOTARY PUBLIC ti
STATE OF COLORADO
NOTARY ID 20074006708
MY COMMISSION EXPIRES FEBRUARY 14, 2019 (QC\
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-04 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
May 2, 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 May 23, 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. 2016-04
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: May 23, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 6, 2016
PUBLISHED: May 11, 2016, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2016-04
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
O2011"- /* '
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 XIII -Ault Plan in its entirety.
ARTICLE XIII
Ault Plan
Sec.19-13-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
13th day of June, 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 Ault, a Colorado municipal corporation, whose address is 201 1st
Street, Ault, CO 80610, hereinafter called the "MUNICIPALITY." The COUNTY and
MUNICIPALITY are hereinafter sometimes referred to individually as "party" and collectively as
"the parties."
Sec. 19-13-20. 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. 19-13-30. 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. 19-13-40. 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. 19-13-50. 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. 19-13-60. 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 19-13-50. 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. 19-13-70. 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. 19-13-80. 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.
2 it
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
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
Eleventh day of May A.D. 2016 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Eleventh day of May A.D. 2016 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.
- - --- .-------- --------._ _ May 11 , 2016
Total harges: $ 131 .57
A a joirp
11th day of May 2016
My Commission Expires 2/ 14/2019
Notary Public
JERILYN L. MARTINEZ
NOTARY PUBLIC
11 STATE OF COLORADO
NOTARY ID 20074006708 k
MY COMMISSION EXPIRES FEBRUARY 14, 2019 ;
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-04 published below, was introduced and, on motion duly
made and seconded, approved upon first reading on May 2, 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 May
23, 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)
hear-
ing if, as the result of a disability, require 336-7233, prior to the day of the you 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 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 en-
sure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-04
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: May 23, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 6, 2016
PUBLISHED: May 11 , 2016, in the Greeley Tribune •
*******
WELD COUNTY
CODE ORDINANCE 2016-04
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 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 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 XIII - Ault Plan in its entirety.
ARTICLE XIII
Ault Plan
Sec. 19-13-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the 13th day of June, 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 Ault, a Colorado municipal corporation, whose address is 201 1st Street, Ault, CO
80610, hereinafter called the "MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individual-
ly as "party" and collectively as "the parties."
Sec. 19-13-20. 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 planning, zon-
ing, 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
will best promote the objectives stated in this CPA; and •
9 ry powers in such areas
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. 19-13-30. 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,and general welfare of the inhabitants of the parties and to achieve maximum efficiency and economy in the process ofdevelopment.
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. 19-13-40. 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
excet r a
Recorded Exemption or Subdivision Exemption. Existing agricultural uses, which are lawful uses either as Uses by Right underothe
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.
I
1
Sec. 19-13-50. 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 co of the C in writing, that the MUNICIPALITY and the applicant have agreed to the terms of a pre-annexation agreement. The COUNTY), to UNTY sthe Ohall 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. 19-13-60. '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 19-13-50. Each party shall have sole and exclusive dis-
cretion 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. 19-13-70. 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. 19-13-80. 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 public hearing(s) held by the MUNICIPALITY wherein it considered thi CPA for adoption.tiTThY e effectall ive date of thisiew the CPA shall be
effective date of amendment to the Weld County Code.
F. Reserved Rights. Nothing herein shall be construed to limit any procedural or substantive rights respecting the matters that are the subject of this CPA, including without limitation any rights of referraarty
l, participat on 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,any reason held or decided to be unconstitutional, such decision shall not affectthe validitylof the remainingause, or of this
portionsOr hereof.
is for
Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and evesection,h 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
May 11 , 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 May 23 , 2016 , and June 13 , 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 # : 2016-40
P LANNING COMMISSION DATE : April 19 , 2016
TIME : 12 : 30 p . m .
BOARD OF COMMISSIONERS DATE : May 2 , 2016
TIME : 9 : 00 a . m .
CASE NUMBER : ORDINANCE 2016-04
P RESENTED BY : TOM PARKO
REQUEST : IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 19
COORDINATED PLANNING AGREEMENTS , OF THE WELD COUNTY CODE .
P LANNING COMMISSION
WELD COUNTY , COLORADO
DATED : March 25 , 2016
PUBLISHED : March 30 , 2016 , in the Greeley Tribune
2016- 1499
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 consecutive (days): that the notice was published in
rum Mahe e ntW MINS, Of me state et Gatorade and me the regular and entire issue of every number of said
Weld County Cede, a pubic hearing will be held before the Weld
County Planning Commission and Wm: Board of County Commis- newspaper during the period and time of
stoners in the Hearing Room, Weld County Administration
Building, 1 150 O Street. Greeley. Colorado. at the times specs- publication of said notice, and in the newspaper
tied below. A Second and Third reading of said Ordinance will
be considered on May 23. 2016, and June 13. 2016. proper and not in a supplement thereof; that the
The complete case file may be examined by calling the Depart-
ment of Planning Services at (970) 353-6100 to make arrange- first publication of said notice was contained in the
menu with the case planner, or at the office of the Clerk to the Thirtieth day of March A.D. 2016 and the last
Board of County Commissioners, Weld County Administration
Building, 1150 O Street, Greeley. Colorado 80631 . E-Mail mes-
sages sent to an individual Commissioner may not be included in publication thereof: in the issue of said newspaper
the case file. To ensure inclusion of your E-Mail correspondence bearing the date of the
into the case file prior to the Planning Commission hearing,
please cell the Department of Planning Services to obtain Thirtieth day of March A. D. 2016 that said The
the appropriate contact information. For inclusion of any
correspondence prior to the Board of Commissioners hear- Greeley Tribune has been published continuously ing E-mail egesick@co.weld.co.us. nuous y
If a court reporter is desired for either hearing, please advise the and uninterruptedly during the period of at least six
Department of Planning Services or the Clerk to the Boards Of-
fice. P y
in writing, at least five days prior to the hearing. The cost of months next prior to the first issue thereof
engaging a court reporter shall be borne by the requesting party.
In accordance with the Americans with Disabilities Act, it special contained said notice or advertisement above
accommodations are required in order for you to participate in
this hearing, please contact the Department of Planning Service referred to ; that said newspaper has been admitted
es at (970) 353 6100 Ext. 3519. or the Clerk to the Board's Of-
fice at (970) 336-7215, Ext. 4226, prior to the day of the hearing. to the United States mails as second-class matter
All cases scheduled before the Planning Commission or Board of
County Commissioners are subject to continuance, due to lack of under the provisions of the Act of March 3 , 1879, or
quorum or otherwise. Contact the Department of Planning Ser-
vices or the Clerk to the Board's Office at the numbers above. for any amendments thereof; and that said newspaper
hearing continuance information..
DOCKET #f: 2016-40 is a daily newspaper duly qualified for publishing
PLANNING COMMISSION DATE: April 19, 2016 TIME: 12.30 p m legal notices and advertisements within the
0
BOARD OF COMMISSIONERS DATE. May 2. 2416 meaning of the laws of the State of Colorado.
CASE NUMBER: ORDINANCE 2016-04
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REEN- March 30, 2016
ACTING . WITH AMENDMENTS, CHAPTER 19 COORDINAT-
ED PLANNING AGREEMENTS , OF THE WELD COUNTY
CODE.
PLANNING COMMISSION Total Charges: $ 16. 28
WELD COUNTY. COLORADO
DATED: March 25. 2016
The Tribune
March 30. 2016
30th day of March 2016
M y Commission Expires 6/ 14/2017
, ;/(1
Notary Public
i
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO rw
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14, 2011
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