HomeMy WebLinkAbout20150645.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-4 was introduced on
first reading on March 9, 2015, and a public hearing and second reading was held on March 30,
2015. A public hearing and final reading was completed on April 20, 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. 2015-4
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: May 4, 2015
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 24, 2015
PUBLISHED: April 29, 2015, in the Greeley Tribune
076/5-U6
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Desirea Larson
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 WeId County Home Rule Charter,Ordinance newspaper during the period and time of
Number 2015-4 was introduced on first reading on March 9,
2March 015,and a public hearing and second reading was held on publication of said notice, and in the newspaper
on A0,2015.A public hearing and final reading was complet-
ed pol zo,2015,with m
n no change being made e text of proper and not in a supplement thereof; that the
said Ordinance,and on motion duly made and seconded,was adopted.Effective date of said Ordinance is listed below.Any filst publication of said notice was contained in the
backup material,exhibits or information previously submitted to the Board of County Commissioners cpnceming this matter may Twenty-Ninth day of April A.D.2015 and the last
be examined m the office of the Clerk to the Board of county publication thereof: in the issue of said newspaper
Commissioners,located within the Weld County Administration
Building;1150 O Street,Greeley,Colorado,between the hours bearing the date of the
of 8: a m.and A00 p.m..Monday'biro Friday,or may be ac-
cessed through the Weld county Web Page Twenty-Ninth day of April A.D.2015 that said
(www.co.weld.co.us).Id.co.us).E-Mail messages sent to an individual
commissioner may not be included in the case file.To ensure The Greeley Tribune has been published
inclusion of your E-Mail correspondence into the case file,
please send a copy to eyesick®co.weld.co.us. continuously and uninterruptedly during the period
ORDINANCE NO.2015-4
ORDINANCE TITLE:IN THE MATTER OF REPEALING AND of at least six months next prior to the first issue
COORDI-
NATED PLANNING NG AGREEMENTS,WITH OF THETWELD COUNTY
thereof contained said notice or advertisement
EFFECTIVE
OARD OF COUNTY COMMISSIONERS above referred to; that said newspaper has been
WELD COUNTY,COLORADO admitted to the United States mails as second-class
DATED:April 24,2015
The Tribune matter under the provisions of the Act of March
April 29,2015 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.
April 29_,_2015
Total Charges: 8245f)
CL .cw
0.1
29th day()IA r 201
My Commission Expires 6/14/2017
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADONO
MY COMMISSIONIEEXPIRES JUNE 14,2017
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-4 was introduced on
first reading on March 9, 2015, and a public hearing and second reading was held on March 30,
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 April 20, 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. 2015-4
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
DATE OF NEXT READING: April 20, 2015, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 3, 2015
PUBLISHED: April 8, 2015, in the Greeley Tribune
Affidavit of Publication
STATE OF COLORADO
s .
County of Weld,
Cassic Clarke')
• of said County of Weld, being duly sworn. Say
that I am an advertising clerk of
THE GREELEY TRIBUNE.
1 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
consecutive(days): that the notice was published in
SECOND READING OF ORDINANCE
Ptnsuam to me4 v,•r:,: .,, the rettular and entire issue of every number of said
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OHDINANCENU �(;t-.4 referred to; that said newspaper has been admitted
RF.E,4 cri iITiE: 5:1 THE MATTER OF REPEALING AND
to the United States mails as second-class matter
RFE�JAPLAtn,:r.'IT.y!.'"ENDMENTS.CHAPTER 15COORDI
��ar D piA1JNl•i AI'REEMENTS.OF 1HE WELD COUNT N,+_ .;E under the provisions of the Act of March 3.1$iO.or
TE OF NEXT READ,NC.Aw.i 20.2u..15.at 9.00 a.m. any amendments thereof: and that said newspaper
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AT c Apra 3. Ie�;al notices and advertisements within the
✓„J,_ r meaning of the laws of the State of Colorado.
April 3, ?01 i
Total Char',es: $0.64
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8th, day of April ?01;
My Commission Expires 6/I4:21)17
Nolan,' Public
ROBERT LITTLE.
NOTARY PUBLIC
STATE OF COLORADO )
NOTARY ID 20 014018494
MY COMMISSION EXPIRES JUNE 14,2011
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-4 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on March
9, 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 March 30, 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. 2015-4
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: March 30, 2015, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 13, 2015
PUBLISHED: March 18, 2015, in the Greeley Tribune
*******
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
ARTICLE II
Dacono and Frederick Plan
Amend Sec. 19-2-10. Introduction.
This Interim Coordinated Planning Agreement is made and entered into between the
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, State of Colorado,
herein after called the "COUNTY," the CITY OF DACONO, a Colorado municipal corporation,
and the TOWN OF FREDERICK, COLORADO, a Colorado municipal corporation, hereinafter
called individually "MUNICIPALITY" and collectively the "MUNICIPALITIES."
Amend Sec. 19-2-60. Interim planning coordination.
This Agreement is intended to be an interim Comprehensive Development Plan adopted
and implemented pursuant to Section 29-20-105(2), C.R.S. Following the execution of this
Agreement by all parties, COUNTY Development approvals in the Southern Weld Planning Area
will be processed and determined in accordance with the following:
A. Referral. The COUNTY will refer all proposals for development within the Southern Weld
Planning Area to both MUNICIPALITIES for their review and recommendations. Such
referral will include at least one (1) copy of the written Development proposal and
preliminary COUNTY staff summary of the case. The COUNTY will allow twenty-one
(21) days for each of the MUNICIPALITIES to review and furnish comments,
recommendations and objections, if any, to COUNTY staff prior to formulation of the
COUNTY staff recommendation. If the MUNICIPALITIES do not respond within such
time limitation, COUNTY staff may proceed with its recommendation. However,
notwithstanding such time limitation, any comments, recommendation or objection from
any MUNICIPALITY which is received by the COUNTY on or before the Thursday next
preceding the meeting of the Board of County Commissioners or Planning Commission
at which the matter will be considered will be transmitted to the Board or Commission. If
no MUNICIPALITY submits any comment, recommendation or objection, the COUNTY
may assume none of the MUNICIPALITIES have any objection to the proposal. If one (1)
or more of the MUNICIPALITIES submits a recommendation or objection, the COUNTY
will either include within its written decision the reasons for any action taken contrary to
the same or furnish such reasons to the applicable MUNICIPALITY or MUNICIPALITIES
by a separate writing.
Remainder of Section and Article - No change.
Add Article X as follows:
ARTICLE X
Firestone Plan
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of
the 4th day of May, 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 Firestone, a Colorado municipal corporation, whose
address is 151 Grant Avenue, Firestone, Colorado 80520, hereinafter called the
"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to
individually as "party" and collectively as "the parties."
RECITALS
A. COUNTY exercises governmental authority regulating land use, growth and
development within the unincorporated areas of Weld County, Colorado, which areas
include lands surrounding MUNICIPALITY; and
B. 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 MUNICIPALITY and COUNTY indicate that
the joint and coordinated exercise by 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.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties agree as follows:
1. 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 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 MUNICIPALITY, for incorporated areas, and within
COUNTY, for unincorporated areas, is subject to exclusive final approval by the
governing body of MUNICIPALITY or COUNTY, respectively.
2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined as set
forth herein:
2.1 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."
2.2. THREE(3) MILE AREA.The area as defined by Colorado Revised Statutes,
C.R.S. 31-12-105.1.E.
3. PLANNING COORDINATION. This CPA is intended to be a Comprehensive
Development Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2).
Following the execution of this CPA by both parties, applications to COUNTY for
DEVELOPMENT within the THREE (3) MILE AREA shall be processed and determined
in accordance with the following:
3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within the
THREE (3) MILE AREA to 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. COUNTY shall
allow not less than twenty-one (21) days for MUNICIPALITY to review the referral
and furnish its recommendations to COUNTY staff prior to formulation of the
COUNTY staff recommendation. If the MUNICIPALITY does not respond within
such time, COUNTY staff may proceed with its recommendation, but any
comment or recommendation from 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, COUNTY may assume it has no objection to
the proposal. If MUNICIPALITY submits recommendations, COUNTY shall
either include within its written decision the reasons for any action taken contrary
to the same or furnish such reasons to MUNICIPALITY by a separate writing.
MUNICIPALITY shall be given notice of, and may appear and be heard at any
hearing or other proceeding at which COUNTY shall consider a DEVELOPMENT
subject to the foregoing referral process.
3.2 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 MUNICIPALITY, 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 MUNICIPALITY's mayor and his or her designee of the proposal.
MUNICIPALITY shall have twenty-one (21) days following contact by the
proponent, which shall be documented in writing (with a copy of COUNTY), to
notify COUNTY in writing that MUNICIPALITY and the applicant have agreed to
the terms of a pre-annexation agreement. COUNTY shall not process any
application until the completion of said twenty-one (21) days, or until COUNTY
receives notification from the MUNICIPALITY that a pre-annexation agreement
between MUNICIPALITY and the applicant will not be pursued, whichever occurs
sooner. If no such notification is received by COUNTY during said twenty-one
(21) days, processing of the application shall continue by COUNTY to
completion.
3.3 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.
3.4 Referrals to County. MUNICIPALITY shall refer proposals for Development
which lie within 500 feet of any property in unincorporated Weld County to
COUNTY for its review and recommendation. Such referral shall include at least
a copy of the written Development proposal. MUNICIPALITY shall allow not less
than twenty-one (21) days for COUNTY to review same and furnish its
recommendations to MUNICIPALITY. If COUNTY submits no comment or
recommendation MUNICIPALITY may assume it has no objection to the
proposal. If COUNTY submits recommendations, MUNICIPALITY shall either
include within its written decision the reasons for any action taken contrary to the
same or furnish such reasons to 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
MUNICIPALITY with the notice and impact report provisions of the most current
version of the Municipal Annexation Act then in effect. COUNTY shall be given
notice of, and may appear and be heard at any hearing or other proceeding at
which MUNICIPALITY shall consider a DEVELOPMENT subject to the foregoing
referral process.
4. 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.
5. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS. 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 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).
6. MISCELLANEOUS PROVISIONS.
6.1 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.
6.2 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.
6.3 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 6.4 and 6.5 of this CPA).
6.4 Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s)
consider this CPA for adoption upon published notification. MUNICIPALITY shall
provide a complete record of such public hearing(s) to COUNTY for review prior
to the start of COUNTY's adoption process detailed in Section 6.5, below.
6.5 Adoption by COUNTY. 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, COUNTY shall review the complete
record of the public hearing(s) held by 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.
6.6 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.
6.7 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.
Affidavit of Publication
STATE OF COLORADO
s.S.
County of Weld,
I Cassie Clarken
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
Eighteenth day of March A.D. 2015 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Eighteenth day of March A.D. 2015 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.
March IS. 2015
Total Charges: 596.21
18th day of March 2015
My Commission Expires 6i 14/201.7
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
TAPE OF COLORADO
:1TARY ID 2001401144&4
,AiSSION EXPIRES JUNE 14,201
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter Ordinance Number 2015-4 published below.was introduced and.on motion duly
made and seconded,approved upon first reading on March 9,2015.A public nearing and second reading is scheduled to be held In
the Chambers of the Board.located within the Weld County Administration Building,1150O Street,Greeley Colorado 80631 on
March 30,2015.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 resultof 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 exam-
ined in the office of the Clerk to the Board of County Commissioners,located within the Weld County Administration Buckling,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. 2015-4
ORDINANCE TITLE: IN THE MATTER OF REPEAUNG AND REENACTING,WITH AMENDMENTS.CHAPTER 19 COORDINAT-
ED PLANNING AGREEMENTS.OF THE WELD COUNTY CODE
DATE OF NEXT READING: March 30,2015,at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED: Mardi 13,2015 •
PUBLISHED: March 18.2015,in the Greeley Tribune
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
ARTICLE II •
Dacono and Frederick Plan
•
Amend Sec.19-2-10.Introduction.
This Interim Coordinated Planning Agreement is made and entered into between the BOARD OF COUNTY COMMISSION-
ERS OF THE COUNTY OF WELD,State of Colorado,herein after called the"COUNTY,'the CITY OF DACONO,a Colorado munici-
pal corporation,and the TOWN OF FREDERICK,COLORADO.a Colorado municipal corporation,hereinafter called individually
MUNICIPALITY"and collectively the"MUNICIPALITIES.'
Amend Sec.19-22.80.Interim planning coordination.
This Agreement is intended to be an interim Comprehensive Development Plan adopted and implemented pursuant to Section
29-20-f05(2),C-R.S.Following the execution of this Agreement by all parties,COUNTY Development approvals in the Southern
Weld Planning Area will be processed and determined in accordance with the following:
A.Referral.The COUNTY will refer all proposals for development within the Southern Weld Planning Area to both MUNICIPALITIES
for their review and recommendations.Such referral will include at least one(1)copy of the written Development proposal-and pre-
liminary COUNTY staff summary of the case.The COUNTY will allow twenty-one(21)days for each of the MUNICIPALITIES to re-
view and furnish comments,recommendations and objections,if any,to COUNTY staff prior to formulation of the COUNTY staff rec-
ommendation.If the MUNICIPALITIES do not respond within such time limitation,COUNTY staff may proceed with its
recomiRendation.However,notwithstanding such thee limitation,any comments,recommendation or objection front any MUNICI-
PALITY which Is received by the COUNTY on or before the Thursday next preceding the meeting of the Board of County Commis-
sioners or Planning Commission at which the matter will be considered will be transmitted to the Board or Commission.If no MU-
NICIPALITY submits any comment,recommendation or objection,the COUNTY may assume none of the MUNICIPALITIES have any
objection to the proposal.If one(1)or more of the MUNICIPALITIES submits a recommendation ar objection.the COUNTY will either
include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the applicable MU-
NICIPALITY or MUNICIPALITIES by a separate writing.
Remainder of Section and Article-No change.
•
Add Article X as follows:
ARTICLE X
Firestone Plan
This Coordinated Planning Agreement('CPA')is made and entered into effective as of the 4th day of May,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 Firestone,a Colorado municipal corporation,whose address is 151 Grant Avenue,
Firestone,Colorado 80520.hereinafter called the"MUNICIPALITY.' The COUNTY and MUNICIPALITY are hereinafter sometimes
referred to individually as"party end collectively as"the parties.'
RECITALS
A.COUNTY exercises governmental authority regulating land use.growth and development within the unincorporated areas of Weld
County,Colorado,which areas include lands surrounding MUNICIPALITY;end
B.MUNICIPALITY exercises governmental authority with respect to land use,growth,and development within its municipal bound-
aries and regarding its annexations,and has demonstrated the capability of providing municipal services and facilities(including wa-
ter 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,zoning,subdivisions,building,and related reg-
ulatory powers:and
E.Pressures for growth and development in MUNICIPALITY and COUNTY indicate that the joint and coordinated exercise by
COUNTY and MUNICIPALITY of their respective planning,zoning,subdivision,building and related regulatory powers in such areas
wit 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.
NOW THEREFORE,for and in consideration of the mutual promises and undertakings herein set forth.the parties agree as follows:
1.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 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 arty land within
MUNICIPALITY,for incorporated areas,and within COUNTY,for unincorporated areas,is subject to exclusive final approval byte
governing body of MUNICIPALITY or COUNTY,respectively.
2.DEFINITIONS. For the purposes of this CPA the following terms shall be defined as set forth herein:
2.1 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 awful uses,either as uses-b-IigWhtt wide,the
Weld County Code.or as legally existing non-conforming uses.are also exempt from the definition of'DEVELOPMyENT.•
2.2.THREE(3)MILE AREA.The area as defined by Colorado Revised Statutes.C R.S.31.12.105.1 F.
3.PLANNING COORDINATION. This CPA is intended to be a Comprehensive Development Plan adopted and implemented pa,-su-
ant to C R.S.5 28.20-105(2). Following the execution of this CPA by both parties.applications to COUNTY lo%DEVELOPMENT
within the THREE(3)MILE AREA shall be processed and determined in accordance with the following!
3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within the THREE(3)MILE AREA to 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. COUNTY shall
allow not less than twenty-one(21)days for MUNICIPALITY to review the referral and furnish its recommendations to COUNTY staff
prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not respond within such time.COUNTY staff
may proceed with its recommendation,but any comment or recommendation from 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,
COUNTY may assume It has no objection to the proposal. If MUNICIPALITY submits recommendations,COUNTY shall either
Include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to MUNICIPALITY by
a separate writing.MUNICIPALITY shall be given notice of,and may appear and be heard at any hearing or other proceeding at
which COUNTY shell consider a DEVELOPMENT subject toihe foregoing referral process.
3.2 Development Within THREE(3)MILE AREA.Upon receipt of any oposal for DEVELOPMENT within the THREE(3)MILE
AREA then current eligible for voluntary annexation to MUNICIPALITY,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 MUNICIPALITY's mayor and his or her designee of the proposal. MUNICIPALITY shall have twenty-one(21)days
following contact by the proponent,which shall be documented in writing(with a copy of COUNTY).to notify COUNTY in writing that
MUNICIPALTY and the applicant have agreed to the terms of a pre-annexation agreement.COUNTY shall not process any
application until the completion of said twenty-one(21)days,dr until COUNTY receives notification from the MUNICIPALITY that a
pre-annexation agreement between MUNICIPALITY and the applicant will not be pursued,whichever occurs sooner. If no such
notification is received by COUNTY during said twenty-one(211 days,processing of the application shall continue by COUNTY to
,completion.
3.3 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,
3.4 Referrals to County. MUNICIPALITY shall refer proposals for Development which lie within 500 feel of any property in unincor-
porated Weld County to COUNTY for its review and recommendation. Such referral shall include at least a copy of the written
Development proposal. MUNICIPALITY shall allow not less than twenty-one(21)days for COUNTY to review same and furnish its
recommendations to MUNICIPALITY If COUNTY submits no comment or recommendation MUNICIPALITY may assume it has no
objection tethe proposal. If COUNTY submits recommendations,MUNICIPALITY shall either include within its written decision the
reasons for any action taken contrary to the same or furnish such reasons to 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 MUNICIPALITY with the notice and impact report provisions of the most current
version of the Municipal Annexation Act then in effect. COUNTY shall be given notice of,and may appear and be heard at any
hearing or other proceeding at which MUNICIPALITY shall consider a DEVELOPMENT subject to the foregoing referral process.
4.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.
5.ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS. MUNICIPALITY and COUNTY shall,within one(1)year of the
effective date of this CPA,attempt to agree to estabrish common development standards Within designated areas,which may include
areas within 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).
6.MISCELLANEOUS PROVISIONS.
6.1 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 it the CPA
should continue,as modified,or If the CPA should be terminated.
6,2 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'wntten notice thereof to the other party,
6.3 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 6.4 and 6.5 of this CPA).
6.4 Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s)consider this CPA for adoption upon published
notification. MUNICIPALITY shall provide a complete record of such public hearing(s)to COUNTY for review poor to the start of
COUNTY'S adoption process detailed in Section 6.5,below.
6,5 Adoption by COUNTY. 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,COUNTY shall review the complete record of the public frearing(s)held by 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.
•
6.6 Reserved Rights.Nothing herein shall be construed to limit any procedural or substantive rt nts afforded a party under raw
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.
8.7 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,edicts's,divisions,sections,and subsections in said Code.
BE IT nURTHER 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 ea':h vndry:action,subsection.
paragraph.sentence.clause,and phrase thereof irrespective of the fact that any one or more se,i,'v':i si,t:rdal:c,>.paragraphs,
sentences,clauses.or phrases might be declared to be unconstitutional or invalid.
The Tribune
March 18,2015
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 March 30, and April 20, 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#: 2015-21
PLANNING COMMISSION DATE: February 17, 2015
TIME: 1:30 p.m.
BOARD OF COMMISSIONERS DATE: March 9, 2015
TIME: 9:00 a.m.
PRESENTED BY: TOM PARK()
REQUEST: CODE ORDINANCE #2015-4, IN THE MATTER OF REPEALING AND RE-ENACTING,
WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE.
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: February 3, 2015
PUBLISHED: February 6, 2015, in the Greeley Tribune
2015-0645
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DOCKET a.X'5.21
PLANNING COMMISSION DATE. February 17.:0'5
-.ME I SO on,
BOARD CF COMMISSIONERS RATE Mach 3 ?CIS
_(?__.�!1 I
nME 4w am
PRESENTED BY TOM PARK()
PEO:.E$' CODE ORDINANCE+2015•) IN THF.MA'rEP OF I r.tal(.kit 2e•. "I I .`N
NEF.EA_ING AND RE-ENACTING WITH AMENIJMENIS '
;;rIAFrER 19 COORr NATED PLANNING AGREEMENTS OF
THE vvFL^COUNT'COVE
F_AN1'.ING COMMISSION /.
•
r11h, .Ea\ ..t I, hruat) '1,1;
\I\ ( t'itIitit—iutt I \piles(' 14
\,'tat I til'iI
ROBERT LITTLE
NOTARY PUBLIC
S 1ATE OF COLORAOC
r,IOTARV ID 2OO14O113494
M '.:OMMISS!ON EXPIRES JUNE 14 to '
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
Cassie C•larken
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
Ithat 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
Eighteenth day of March A.D. 2015 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Eitthtcenth day of March A.D. 2015 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.
March 18, 2015
"Total Char,es: S96.21
18th day of March 2015
My Commission Expires 6i1-1 2017
Notary Public
voa er +oerara 4 ROBERT LITTLE
NOTARY PUBLIC
,• TATE OF COLORADO
Lbeit -)TARP It)2001 40 1 8494
m: ,,,..4iSS1t3N EXPIRES JUNE 14,2017
NOTICE OF
FIRST READING OF ORDINANCE
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WELD OWN,GOL„„A(YE
DATED: A,Ems
PUBLISHED MT.,1 **Greeln*ibunc
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