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WELD COUNTY
CODE ORDINANCE 2015 - 12
IR IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS , OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD , STATE OF COLORADO :
WHEREAS , the Board of County Commissioners of the County of Weld , State of
Colorado , pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County , Colorado , and
WHEREAS , the Board of County Commissioners , on December 28 , 2000 , adopted Weld
County Code Ordinance 2000- 1 , enacting a comprehensive Code for the County of Weld ,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption , and
WHEREAS , the Weld County Code is in need of revision and clarification with regard to
procedures , terms , and requirements therein .
NOW, THEREFORE , BE IT ORDAINED by the Board of County Commissioners of the
County of Weld , State of Colorado , that certain existing Chapters of the Weld County Code be ,
and hereby are , repealed and re-enacted , with amendments , and the various Chapters are
revised to read as follows .
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
Add Article VIII in its entirety .
ARTICLE VIII
Milliken Plan
Sec . 19 -8 -10 . Introduction .
This Coordinated Planning Agreement (" CPA" ) is made and entered into effective as of the
17th day of August , 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 Milliken , a Colorado municipal corporation , whose address
is1101 Broad Street, Milliken Colorado , hereinafter called the " MUNICIPALITY . " The COUNTY
and MUNICIPALITY are hereinafter sometimes referred to individually as " party" and collectively
as "the parties . "
Sec . 19 -8 -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 •
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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
. urisdictions , 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 -8-30 . 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 . 19-8-40 . 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 -conforminq
uses , are also exempt from the definition of Development.
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Three (3) Mile Area. The area as defined by Colorado Revised Statutes , C . R . S .
31 - 12- 105 . 1 . E .
Sec . 19 -8-50 . 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 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 he within 500 feet of any property in unincorporated Weld County to the COUNTY for its
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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 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 . 19-8-60 . 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 3 . 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 -8-70 . 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 -8-80 . 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
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consent of the amendment by both parties and compliance with the procedures detailed in
Sections 6 . 4 and 6 . 5 of the CPA) .
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 6 . 5 of the CPA .
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 subiect 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 .
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The above and foregoing Ordinance Number 2015- 12 was , on motion duly made and
seconded , adopted by the following vote on the 17th day of August , A . D . , 2015 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST :
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman , Pro-Tem
BY :
Deputy Clerk to the Board
Sean P . Conway
APPROVED AS TO FORM :
Julie A . Cozad
County Attorney
Steve Moreno
P ublication : June 3 , 2015
First Reading : July 6 , 2015
P ublication : July 15 , 2015 , in the Greeley Tribune
Second Reading : July 27 , 2015
P ublication : August 5 , 2015 , in the Greeley Tribune
Final Reading : August 17 , 2015
P ublication : August 26 , 2015 , in the Greeley Tribune
Effective : August 31 , 2015
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