HomeMy WebLinkAbout20153097.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-16 was introduced on
first reading on September 28, 2015, and a public hearing and second reading was held on
October 19, 2015. A public hearing and final reading was completed on November 9, 2015, 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. 2015-16
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: November 23, 2015
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 13, 2015
PUBLISHED: November 18, 2015, in the Greeley Tribune
Affidavit of Publication
STATE OF COLORADO
ss.
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,
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
NOTICE OF newspaper during the period and time of
FINAL READING OF ORDINANCE publication of said notice, and in the newspaper
PursuaNumber12015--16 was introducedt to the Weld o fist readingule ronn September
proper and not in a supplement thereof; that the
28,2015,and a public hearing and second reading was held on first publication of said notice was contained in the
October 19,2015. A public hearing and final reading was com-
ext o saiNovember
Ordinance,and on 2015,with no mot on change
secoto
ed, Eighteenth day of November A.D.2015 and the
was adopted. Effective date of said Ordinance is listed below last publication thereof: in the issue of said
Any backup material,exhibits or information previously submit-
ted to the Board of County Commissioners concerning this mat- newspaper bearing the date of the
ter may be examined in the office of the Clerk to the Board of
County r Building,Commisstoners,located 1150 O Street,Greeley Colorado,bn the Weld etween the Eighteenth day of November A.D. 2015 that
hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday,or may be said The Greeley Tribune has been published
accessed through the Weld County Web Page
(www.co.weld.co.us). E-Mail messages sent to an individual continuously and uninterruptedly during the period
sure
inclusion of your r E-Mail not con correspondence into e included in the thelcase file,please send a copy to egesick@co.weld.co.us. of at least six months next prior to the first issue
ORDINANCE No. 2015-16 thereof contained said notice or advertisement
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND above referred to; that said newspaper has been
REENACTING.WITH AMENDMENTS,CHAPTER 19 COORDI-
NATED PLANNING AGREEMENTS,OF THE WELD COUNTY admitted to the United States mails as second-class
- CODE
EFFECTIVE DATE: November 23,2015 matter under the provisions of the Act of March
BOARD OF COUNTY COMMISSIONERS 3,1879, or any amendments thereof; and that said
WELD C: November er 13,2 COLORADO newspaper is a daily newspaper duly qualified for
DATED: November 13.2015
The Tribune publishing legal notices and advertisements within
November 18,2015 the meaning of the laws of the State of Colorado.
November 18, 2015
Total Charges: $8.06
c)xii-
18th day of November 2015
My Commission Expires 6/14/2017
Notary Public
ra:aetegerzirusasegimeam .,ERT
LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14,2017
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-16 was introduced on
first reading on September 28, 2015, and a public hearing and second reading was held on
October 19, 2015, 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 November 9, 2015.
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. 2015-16
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: November 9, 2015, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 23, 2015
PUBLISHED: October 28, 2015, in the Greeley Tribune
02.N 5= JO 19
Affidavit of Publication
STATE OF COLORADO
ss.
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,
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,
NOTICE OF has been published in said daily newspaper for
SECOND READING OF ORDINANCE consecutive(days): that the notice was published in
Pursuant to the Weld County Home Rule Charter,Ordinance the regular and entire issue of every number of said
Number 2015-16 was introduced on first reading on September newspaper during the period and time of
28,2015,and a public hearing and second reading was held on
October 19,2015,with no change being made to the text of said publication of said notice, and in the newspaper
Ordinance. A public hearing and third reading is scheduled to be
held in the Chambers of the Board,located within the Weld proper and not in a supplement thereof; that the
County Administration Building,1150 O Street,Greeley,Colo-
rado 80631,on November 9,2015. All persons In any manner first publication of said notice was contained in the
interested in the next reading of said Ordinance are requested to
attend and maybe heard. Twenty-Eighth day of October A.D. 2015 and
Please contact the Clerk to the Board's Office at phone(970) the last publication thereof: in the issue of said
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 rea- newspaper bearing the date of the
sonable accommodations in order to participate in this hearing.
Any backup material,exhibits or information previously submit- Twenty-Eighth day of October A.D. 2015 that
ted to the Board of County Commissioners concerning this mat- Said The Greeley Tribune has been published
ter may be examined in the office of the Clerk to the Board of
County Commissioners,located within e the Weld County t continuously and uninterruptedly during the period
Admin-
istration 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 of at least six months next prior to the first issue
accessed through the Weld County Web Page
(www.co.weld.co.us). E-Mail messages sent to an individual thereof contained said notice or advertisement
Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file,please above referred to; that said newspaper has been
send a copy to egesick@co.weld.co.us.
ORDINANCE NO. £015-16 admitted to the United States mails as second-class
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND matter under the provisions of the Act of March
REENACTING,WITH AMENDMENTS,CHAPTER 19 COORDI-
NATED PLANNING AGREEMENTS,OF THE WELD COUNTY 3,1879, or any amendments thereof; and that said
CODE
DATE OF NEXT READING: November 9,2015,at 9:00 a.m. newspaper is a daily newspaper duly qualified for
BOARD OF COUNTY COMMISSIONERS publishing legal notices and advertisements within
WELD COUNTY,COLORADO
DATED:.October 23,2015 the meaning of the laws of the State of Colorado.
The Tribune
October 28,2015
October 28,2015
Total Charges: $9.86 CO)vLr`-'L
28th day of October 2015
My Commission Expires 6/14/2017
(4Z
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14,2017
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-16 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
September 28, 2015, 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 October 19, 2015. 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. 2015-16
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: October 19, 2015, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 2, 2015
PUBLISHED: October 7, 2015, in the Greeley Tribune
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
ARTICLE XVII
Severance Plan
Sec. 19-17-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
23rd day of November, 2015, 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 Severance, a Colorado municipal corporation, whose
4 address is 3 South Timber Ridge Parkway, Severance, CO 80550, hereinafter called the
GO/5"-3e97
"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to
individually as "party" and collectively as "the parties."
Sec. 19-17-20. 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 of 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. 19-17-30. 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
4 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,
4 and within the COUNTY, for unincorporated areas, is subject to exclusive final approval by the
governing body of the MUNICIPALITY or COUNTY, respectively.
I
Sec. 19-17-40. 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. 19-17-50. 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 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 the 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.
I
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 the 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. 19-17-60. 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 19-17-50. 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. 19-17-70. 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).
I
I
Sec. 19-17-80. 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 Colorado Code Publishing 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?015-16 published below,was introduced and,on motion duly
made and seconded,approved upon first reading on September 28,2015,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 October 19,2015.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. 2015-16
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: October 19,2015,at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED: October 2,2015
PUBLISHED: October 7,2015,in the Greeley Tribune
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
ARTICLE XVII
Severance Plan
Sec.19-17-10. Introduction.
This Coordinated Planning Agreement("CPA")is made and entered into effective as of the 23rd day of November,2015,A.D.,be-
tween 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 Severance,a Colorado municipal corporation,whose address is 3 South
Timber Ridge Parkway,Severance,CO 80550,hereinafter called the"MUNICIPALITY" The COUNTY and MUNICIPALITY are
hereinafter sometimes referred to individually as°party"and collectively as"the parties."
Sec.19.17-20. 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 of 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.19-17-30. 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.19-17-40. 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.19-17-50. 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 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 the 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 properly
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. i '.:`,"tb the 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 fore-
going referral process.
Sec.19-17-60. 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 19-17-50. 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.19-17-70. 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.19-17-80. Miscellaneous Provisions.
A. Severability. Should any one or more sections or paragraphs of this CPA be judicially determined invalid or unenforceable,such
judgment
paragraphs arenot se severa impair or ble;provided,however,that theate the partiesning shall then reviens of flits w thethe intention emain remaining provisions to determine i that the various f the CPActions
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 res-
pecting cial review
rrelate to any land usetorre the subject of this CPA,development procedure or approval of l thetotheration party,which rights of rights areral,herebyirreserved tion o 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 Colorado Code
Publishing 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.
The Tribune
October 7,2015
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 October 19, 2015, and November 9, 2015.
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#: 2015-16
PLANNING COMMISSION DATE: September 15, 2015
TIME: 12:30 p.m.
BOARD OF COMMISSIONERS DATE: September 28, 2015
TIME: 9:00 a.m.
CASE NUMBER: ORDINANCE 2015-16
PRESENTED BY: TOM PARK()
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: August 28, 2015
PUBLISHED: September 2, 2015, in the Greeley Tribune
2015-3097
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
1 Kiara K.Garrett
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE (;REELEY TRIBUNE,
NOTICE
Pur,runt to s,e toning awa of Pe Stale ca cow'ado and me that the same is a daily newspaper of general
Weld County Code a pubic hearing rate held Wore the Wen
Ceanty Marring Commtaeux end the Dowd of Comfy Commis circulation and printed and published in the City of
eicnera in the Hearng Room,Wed County Ad'nr atration
Butting,11 so O Street,Grimmer.ccrlowio.at the antes sprra- Greeley, in said county and state; that the notice or
Bed below. A Second and Teed reeding of said C'manta em
be osnsldeed on Wooer 19,2015 arid Naverroer 9.2015 advertisement, of which the annexed is a true copy,
Toe comdete case the*qty be eawr*'ed b1 ah ir,2 the Deran- has been published in said daily newspaper for
men*ce Planning 9ervree at(970)353-6100 to make emerge. P Y
manes woe,the case panne,or el the once of the Caen m the consecutive(days):that the notice was published in
Boars!et county Commissoners,Weld Cotnt;Adrn.vstraaw
Building,1150C Street.Greeley,Colorado 90631.E-Mae men the regular and entire issue of every number of said
Sages Sete W an InSvidual Commissioner may net be augudetl sr
the case Me T9 gowns inClr,Nirxr d your E-Man correeponrxrloe newspaper during the period and time of
into the case file prof to the Planning Continental nesting
Geese cent*Department of Flemming Services to Oran ire publication of said notice, and in the newspaper
appropriate*Pled nfermahur.For intlusien of any corres7on-
canes poet tp the Board or Ctxrmiesacnera hearing E-mail ego- proper and not in a supplement thereof; that the
Odra careald.co.us
If a court reporter is defined for ether heernp,Plwe advise the first publication of said notice was contained in the
Deoertmene or Planning Servrcee or the Clerk to the Beare Or-
bun,in«Mire.at Iowa fivo.days Prig to the hearing. The coal of Second day of September A.f). 2015 and the last
snroe:gin;a tour rep de'al-all tin boon by Pre*queening ply.
In accordance wN'the Arneneena with DlaebrweAct, especial publication thereof: in the issue of said newspaper
accommodations are tequirec n order br you to parYclpaee n
flit hew rig,please contact the Department of Ptyalin;Same- bearing the date of the
as d t970]359 6100 Eat.3519 or the Clerk to the Wants Of-
fing* l7D 3:18 T215,Ext.4226,prior to the day o1 the leering. Second day of September A.D. 2015 that said The
Ac canes ec'reduterl twin,,,•.Win Par ling Cornmmun or Burnt M
Cour y Commiesone*are%Zerr to rament.ance,due to Sick ul Greeley Tribune has been published continuously
r.
stonerttUM heCh to MeeBBoardsOffice al Department
nimPanne*
bers eebr and uninterruptedly during the period of at least six
DOCai alt luarnatt 5-e o a"'''"' months next prior to the first issue thereof
PI_ANN+NG COk1MISFKIN nATE Saptem fur 15 2016 contained said notice or advertisement above
TIME 12'30 p.m.
BOARD OF COanMISLUONERS DATE:Septemoer 26.20 t5 referred to; that said newspaper has been admitted
TIME 970 a.m.
CASE NUMBER ORDINANCE 2015-16 to the United States mails as second-class matter
PRESENTED BY:TOM PARK0 ..
REQUEST IN THE MATTED OF REPEALING AND REEN- under the provisions of the Act of March 3, 1879,
ACTING WITH AMDIDMENTS.CHAPTER 19 C•OORMAT
ED PLANNING AGREEMENTS,OF THE WELD COUNTY or any amendments thereof; and that said
C0M.
PLANNING COMMISSION newspaper is a daily newspaper duly qualified for
WELD COUNTY,COLORADO
DATED-August A Xis publishing legal notices and advertisements within
The Tribunes the meaning of the laws of the State of Colorado.
September 2,2016
September 2,2015
Total Charges:___ l_,I
2nd day of September 2015
My Commission Expires 6/14/17
/11- a t/if
Notary Public
Lemasinesseits.witycROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO TA RY ID 20014018494
LE
EXPIRES JUNE 14,2017
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