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Home My WebLink About20152310.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-14 was introduced on first reading on July 27, 2015, and a public hearing and second reading was held on August 17, 2015. A public hearing and final reading was completed on September 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. 2015-14 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE EFFECTIVE DATE: September 21, 2015 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 11, 2015 PUBLISHED: September 16, 2015, in the Greeley Tribune o2a X"--472-5/(7 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Kiara K. Garrett 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 NOTICE OF Greeley, in said county and state; that the notice or FINALREA *�" . r ��' ." advertisement, of which the annexed is a true copy, Pursuant to the Weld County Horse Rule 0014141,.Ordmance has been published in said daily newspaper for Number1 , 2015-14 alp blic nearngdand s condsread rc`g was held o Au- consecutive (days): that the notice was published in gust 17,2015. A public hearing and final reading was complet- ed on September 9,2015,with no change being made to the text the regular and entire issue of every number of said of said Ordinance,and on'Motion duly'made and seconded,was newspaper during the period and time of adopted. Effective date of said Ordinance is listed below. Any backup material;exhibits or information previously submitted to ublication of said notice, and in the newspaper the Board of County Commissioners concerning this matter may p be examined in the office of the Clerk to the Board of County proper and not in a supplement thereof; that the Commissioners,located within the Weld County Administration Buildng,1150 CrStreet,Greeley,Colorado,between/the hours first publication of said notice was contained in the of 8:00 a.fn,and 5:00 p,m.,Monday that Friday,or may be ac- cessedthrough the Weld County Web Page Sixteenth_day of September A.D. 2015 and the last (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure publication thereof: in the issue of said newspaper inclusion of your E-Mail correspondence into the case tile,please send a copy to egesickc co.weld.co.us. bearing the date of the ORDINANCENO. 2015.14` 'r Sixteenth day of September A.D. 2015 that said ORDINAREENACNTING,WITHAMEf MENNTS,©HaiERA19COORDI- The Greeley Tribune has been published NVEDPLANNING AGREEMENTS.OF THE WELD COUNTY cope continuously and uninterruptedly during the period EFFECTIVE DATE, Eeptembera21,2015 BOARD OF eouNn;coryit9lssiONERs of at least six months next prior to the first issue WEL OUICOUO(J1 COMMI thereof contained said notice or advertisement DATED: Septetxtbert' s r above referred to; that said newspaper has been The nilomoi Sel3ereqt r6,241,5 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. September 16,2015 Total Chartes: $8.06 K_a_i( Kejd4Lf 16th day of September 2015 My Commission Expires 6/14/17 /4Z)e— Notary Public ROBERT 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 2015-14 was introduced on first reading on July 27, 2015, and a public hearing and second reading was held on August 17, 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 September 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. 2015-14 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: September 9, 2015, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 21, 2015 PUBLISHED: August 26, 2015, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2015-14 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 ao/5- 9 3 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 IV in its entirety. ARTICLE IV Mead Plan Sec.19-4-10. Introduction. This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the 9th day of September, 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 Mead, a Colorado municipal corporation, whose address is 441 3rd Street, Mead, CO 80542, hereinafter called the "MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as "party" and collectively as "the parties." Sec. 19-4-20. Recitals. A. The COUNTY exercises governmental authority regulating land use, growth and development within the unincorporated areas of Weld County, Colorado, which areas include lands surrounding the MUNICIPALITY; and B. The MUNICIPALITY exercises governmental authority with respect to land use, growth, and development within its municipal boundaries and regarding its annexations, and has demonstrated the capability of providing municipal services and facilities (including water and sewer services based on the municipality's code and/or other municipal service policies) within the THREE (3) MILE AREA, as defined herein; and C. Title 29, Article 20 of the Colorado Revised Statutes grants broad authority to local governments to plan for and regulate development and the use of land within their respective jurisdictions, accomplishing such activities through public processes that respect, protect, and promote private property rights; and D. Title 29, Article 20 of the Colorado Revised Statutes authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers; and E. Pressures for growth and development in the MUNICIPALITY and COUNTY indicate that the coordinated exercise by the COUNTY and MUNICIPALITY of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this CPA; and F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan, set forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which encourages the establishment of intergovernmental agreements concerning growth areas with each municipality in Weld County. Sec. 19-4-30. Purposes and Objectives. The purpose of this CPA is to establish procedures and standards pursuant to which the parties will move toward greater coordination in the exercise of their land use and related regulatory powers within unincorporated areas surrounding the MUNICIPALITY. The objectives of such efforts are to accomplish the type of development in such areas which best protects the health, safety, prosperity, and general welfare of the inhabitants of the parties and to achieve maximum efficiency and economy in the process of development. However, any action taken pursuant to this CPA that pertains to any land within the MUNICIPALITY, for incorporated areas, and within the COUNTY, for unincorporated areas, is subject to exclusive final approval by the governing body of the MUNICIPALITY or COUNTY, respectively. Sec. 19-4-40. Definitions. For the purposes of this CPA the following terms shall be defined as set forth herein: Development. Any land use requiring regulatory approval by the elected governing body of the applicable party in the THREE (3) MILE AREA, except for an amendment to a plat or a down-zoning, neither of which creates any additional lots, and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural uses, which are lawful uses either as Uses-by- Right under the Weld County Code, or as legally existing non-conforming uses, are also exempt from the definition of Development. Three (3) Mile Area. The area as defined by Colorado Revised Statutes, C.R.S. 31-12- 105.1.E. Sec. 19-4-50. Planning Coordination. This CPA is intended to be a Comprehensive Development Plan adopted and implemented pursuant to Section 29-20-105(2) C.R.S. Following the execution of this CPA by both parties, applications to the COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be processed and determined in accordance with the following: A. Referral. The COUNTY shall refer all proposals for the DEVELOPMENT within the THREE (3) MILE AREA to the MUNICIPALITY for its review and recommendation. Such referral shall include at least a copy of the written DEVELOPMENT proposal and preliminary COUNTY staff summary of the case. The COUNTY shall allow not less than twenty-one (21) days for the MUNICIPALITY to review the referral and furnish its recommendations to the COUNTY staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not respond within such time, the COUNTY staff may proceed with its recommendation, but any comment or recommendation from the MUNICIPALITY received on or before the Thursday immediately preceding the meeting of the Board of County Commissioners or Planning Commission when the matter shall be considered shall be transmitted to the Board or Commission. If the MUNICIPALITY submits no comment or recommendation, the COUNTY may assume it has no objection to the proposal. If the MUNICIPALITY submits recommendations, the COUNTY shall either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the MUNICIPALITY by a separate writing. The MUNICIPALITY shall be given notice of, and may appear and be heard at any hearing or meeting at which the COUNTY shall consider a DEVELOPMENT subject to the foregoing referral process. B. Development within THREE (3) MILE AREA. Upon receipt of any proposal for DEVELOPMENT within the THREE (3) MILE AREA then currently eligible for voluntary annexation to the MUNICIPALITY, the COUNTY shall, in writing, at time of a pre-application with the Department of Planning Services, notify the proponent of the opportunity for annexation. The Director of Planning Services shall, in writing, notify the MUNICIPALITY's mayor and his or her designee of the proposal. The MUNICIPALITY shall have twenty-one (21) days following contact by the proponent, which shall be documented, in writing, (with a copy of the COUNTY), to notify the COUNTY, in writing, that the MUNICIPALITY and the applicant have agreed to the terms of a pre-annexation agreement. The COUNTY shall not process any application until the completion of said twenty-one (21) days, or until the COUNTY receives notification from the MUNICIPALITY that a pre-annexation agreement between the MUNICIPALITY and the applicant will not be pursued, whichever occurs sooner. If no such notification is received by the COUNTY during said twenty-one (21) days, processing of the application shall continue by the COUNTY to completion. C. Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding development may impact property outside of its jurisdiction. The parties agree that jurisdictional boundaries shall not be the basis for giving any greater or lesser weight to those impacts during the course of deliberations. D. Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT which lie within five hundred (500) feet of any property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral shall include at least a copy of the written DEVELOPMENT proposal. The MUNICIPALITY shall allow not less than twenty- one (21) days for the COUNTY to review same and furnish its recommendations to the MUNICIPALITY. If the COUNTY submits no comment or recommendation, the MUNICIPALITY may assume it has no objection to the proposal. If the COUNTY submits recommendations, the MUNICIPALITY shall either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the COUNTY by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation of more than ten (10) acres, the provisions of this section shall be deemed satisfied by compliance by the MUNICIPALITY with the notice and impact report provisions of the most current version of the Municipal Annexation Act then in effect. The COUNTY shall be given notice of, and may appear and be heard at any hearing or meeting at which the MUNICIPALITY shall consider a DEVELOPMENT subject to the foregoing referral process. Sec. 19-4-60. Implementation of CPA. Following the mutual execution of this CPA, each party shall promptly enact and implement such amendments to its existing regulations as may be necessary to give effect to the provisions of Section 3, recognizing that neither party can agree by this CPA to contract away its police power. Each party shall have sole and exclusive discretion to determine such measures and any new ones enabling it to perform this CPA. Each party's land use regulations, as referred to herein, are ordinances whose amendment requires certain formalities, including notice and public hearings. The mutual covenants in this section and elsewhere to implement this CPA promptly are given and received with mutual recognition and understanding of the legislative processes involved, and such covenants shall be liberally construed in light thereof. Sec. 19-4-70. Establishment of Common Development Standards. The MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this CPA, attempt to agree to establish common development standards within designated areas, which may include areas within the MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA. Common development standards should include, but not be limited to, roadways (types, widths, horizontal design, access and spacing) and drainage (on-site, off-site, discharge, easements, and regional facilities). Sec. 19-4-80. Miscellaneous provisions. A. Severability. Should any one or more sections or paragraphs of this CPA be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this CPA, the intention being that the various sections and paragraphs are severable; provided, however, that the parties shall then review the remaining provisions to determine if the CPA should continue, as modified, or if the CPA should be terminated. B. Termination. This CPA shall continue in effect for a period of one year from the date first written above, and shall be renewed automatically thereafter for successive one (1) year periods. Notwithstanding the foregoing, however, either party may terminate this CPA by giving at least twelve (12) months' written notice thereof to the other party. C. Amendment. This CPA may be amended only by a writing executed by the parties and adopted according to the same procedures as the original adoption (requiring the written consent of the amendment by both parties and compliance with the procedures detailed in Sections 6.4 and 6.5 of this CPA). D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall at a public hearing, 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 below. E. 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. F. Enforcement. Either party may enforce this CPA by an action for declaratory and/or injunctive relief, or other equitable relief, but not by specific performance. 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. G. Choice of Law. In all litigation arising out of the Agreement, the statutory and common law of the State of Colorado shall be controlling, and venue shall be in the District Court of Weld County, Colorado. H. Original Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 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 ss. County of Weld. I Kiara K. Garrett 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 Twenty-sixth day of August A.D. 2015 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty-sixth day of August 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. August 26, 2015 Total Charges: $94.86 f I {(.t - ia; `� Lit i,I t 26th day of August 2015 My Commission Expires 6/14/17 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES JUNE 14,2017 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter,Ordinance Number 2015-14 was introduced on first reading on July 27,2015,and a public hearing and second reading was held on August 17,2015,with no change being made to the text of said Ordinance. A pub- lic hearing and third reading is scheduled to be held in the Chambers of the Board,located within the Weld County Administration Building,11500 Street,Greeley,Colorado 80631,on September 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 0 Street,Greeley,Colorado,between the hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday,or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file,please send a copy to egesick@co,weld.co.us. ORDINANCE NO. 2015-14 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: September 9,2015,at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED: August 21,2015 PUBLISHED: August 26,2015,in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2015-14 IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 19 COORDINATED PLANNING AGREEMENTS,OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado.pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority of administering the affairs of Weld County,Colorado,and WHEREAS,the Board of County Commissioners,on December 28,2000,adopted Weld County Code Ordinance 2000.1,enacting a comprehensive Code for the County of Weld,including the codification of all previously adopted ordinances of a general and perma- nent nature enacted on or before said date of adoption,and WHEREAS,the Weld County Code is in need of revision and clarification with regard to procedures,terms,and requirements therein. NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado,that cer- tain existing Chapters of the Weld County Code be,and hereby are,repealed and re-enacted,with amendments,and the various Chapters are revised to read as follows. CHAPTER 19 COORDINATED PLANNING AGREEMENTS Add Article IV in its entirety. ARTICLE IV Mead Plan Sec.19-4-10. Introduction. This Coordinated Planning Agreement("CPA")is made and entered into effective as of the 9th day of September,2015,A.D.,be- tween the Board of County Commissioners of the County of Weld,State of Colorado,whose address is 1150 0 Street,Greeley,CO 80631,hereinafter called the"COUNTY,"and the Town of Mead,a Colorado municipal corporation,whose address is 441 3rd Street, Mead,CO 80542,hereinafter called the"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as"party"and collectively as"the parties." Soc.19-4-20. Recitals. A.The COUNTY exercises governmental authority regulating land use,growth and development within the unincorporated areas of Weld County,Colorado,which areas include lands surrounding the MUNICIPALITY;and B.The MUNICIPALITY exercises governmental authority with respect to land use,growth,and development within its municipal boundaries and regarding its annexations,and has demonstrated the capability of providing municipal services and facilities(includ- ing water and sewer services based on the municipality's code and/or other municipal service policies)within the THREE(3)MILE AREA,as defined herein;and C.Tltte 29,Article 20 of the Colorado Revised Statutes grants broad authority to local governments to plan for and regulate develop- ment and the use of land within their respective jurisdictions;accomplishing such activities through public processes that respect, protect and promote private property rights;and D.Title 29,Article 20 of the Colorado Revised Statutes authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning;zon- Mg,subdivisions,building,and related regulatory powers;and E.Pressures for growth and development in the MUNICIPALITY and COUNTY indicate that the coordinated exercise by the COUN- TY 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.t9-4-30. Purposes and Objectives. The purpose of this CPA is to establish procedures and standards pursuant to which the parties will move toward greater coordina- tion in the exercise of their land use and related regulatory powers within unincorporated areas surrounding the MUNICIPALITY. The objectives of such efforts are to accomplish the type of development in such areas which best protects the health,safety prosperity, and general welfare of the inhabitants of the parties and to achieve maximum efficiency and economy in the process of development. However,any action taken pursuant to this CPA that pertains to any land within the MUNICIPALITY,for incorporated areas,and within the COUNTY,for unincorporated areas,is subject to exclusive final approval by the governing body of the MUNICIPALITY or COUNTY,respectively. Sec.19-4-40. Definitions. For the purposes of this CPA the following terms shall be defined as set forth herein: Development. Any land use requiring regulatory approval by the elected governing body of the applicable party in the THREE(3) MILE AREA,except for an amendment to a plat or a down-zoning,neither of which creates any additional lots,and except for a Recorded Exemption or Subdivision Exemption: Existing agricultural uses,which are lawful uses either as Uses-by-Right under the Weld County Code,or as legally existing non-conforming uses,are also exempt from the definition of Development. Three(3)Mile Area. The area as defined by Colorado RevisedSfatutes,C.R.S.31-12.105.1.E. Sec.19-4-50. Planning Coordination. This CPA is intended to be a Comprehensive Development Plan adopted and implemented pursuant to Section 29-20-105(2)C.R.S. Following the execution of this CPA by both parties applications to the COUNTY for DEVELOPMENT within the THREE(3)MILE AREA shall be processed and determined in accordance with the following: A. Referral.The COUNTY shall refer all proposals for the DEVELOPMENT within the THREE(3)MILE AREA to the MUNICIPALITY for its review and recommendation. Such referral shall include at least a copy of the written DEVELOPMENT proposal and preliminary COUNTY staff summary of the case. The COUNTY shall allow not less than twenty-one(21)days for the MUNICIPALITY to review the referral and furnish its recommendations to the COUNTY staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not respond within such time,the COUNTY staff may proceed with its recommendation,but'any comment or recommendation from the MUNICIPALITY received on or before the Thursday immediately preceding the meeting of the Board of County Commissioners or Planning Commission when the matter shall be considered shall be transmitted to the Board or Commission. If the MUNICIPALITY submits no comment or recommendation,the COUNTY may assume it has no objection to the proposal. If the MUNICIPALITY submits recommendations,the COUNTY shall either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the MUNICIPALITY by a separate writing.The MUNICIPALITY shall be given notice of,and may appear and be heard at any hearing or meeting 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 oc- curs sooner. If no such notification is received by the COUNTY during said twenty-one(21)days,processing of the application shall continue'by the COUNTY to completion. C. Mutuality,of Impact Consideration. The parties recognize that decisions by one party regarding development may impact property outside of its jurisdiction. The parties agree that jurisdictional boundaries shall not be the basis for giving any greater or lesser weight to those impacts during the course of deliberations., D. Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT which lie within five hundred(500)feet of any property in unincorporated Weld County to the COUNTY for its review and recommendation. Such referral shall include at least a copy of the written DEVELOPMENT proposal. The MUNICIPALITY shall allow not less than twenty-one(21)days for the COUNTY to review same and furnish its recommendations to the MUNICIPALITY. If the COUNTY submits no comment or recommendation,the MUNICIPALITY may assume it has no objection to the proposal. If the COUNTY submits recommendations,the MUNICIPALITY shall either include within its written decision the reasons for any action taken contrary to the same or fumish 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 shalt be given notice of,and may appear and be heard at any hearing or meeting at which the MUNICIPALITY shall consider a DEVELOPMENT subject to the foregoing referral process. Sec.19-4-60. Implementation of CPA. Following the mutual execution of this CPA,each party shall promptly enact and implement such amendments to its existing regulations as may be necessary to give effect to the provisions of Section 3,recognizing that neither party can agree by this CPA to contract away its police power. Each party shall have sole and exclusive discretion to determine such measures and any new ones • enabling it to perform this CPA. Each party's land use regulations,as referred to herein,are ordinances whose amendment requires certain formalities,including notice and public hearings. The mutual covenants in this section and elsewhere,to implement this CPA promptly are given and received with mutual recognition and understanding of the legislative processes involved,and such covenants shall be liberally construed in light thereof. Sec.19-4.70. Establishment of Common Development Standards. The MUNICIPALITY and COUNTY shall,within one(1)year of the effective date of this CPA,attempt to agree to establish common development standards within designated areas,which may include areas within the MUNICIPALITY's boundaries and/or within the THREE(3)MILE AREA.Common development standards should include,but not be limited to,roadways(types,widths,horizontal design,access and spacing)and drainage(on-site,off-site,discharge,easements,and regional facilities). Sec.19-4-80. Miscellaneous provisions. A. Severability. Should any one or more sections or paragraphs of this CPA be judicially determined invalid or unenforceable,such judgment shall not affect,impair or invalidate the remaining provisions of this CPA,the intention being that the various sections and paragraphs are severable;provided,however,that the parties shall then review the remaining provisions to determine if the CPA should continue,as modified,or if the CPA should be terminated. B. Termination. This CPA shall continue in effect for a period of one year from the date first written above,and shall be renewed automatically thereafter for successive one(1)year periods. Notwithstanding the foregoing,however,either party may terminate this CPA by giving at least twelve(12)months'written notice thereof to the other party. C. Amendment. This CPA maybe amended only by a writing executed by the parties and adopted according to the same proce- dures as the original adoption(requiring the written consent of the amendment by both parties and compliance with the procedures detailed in Sections 6.4 and 6.5 of this CPA). D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall at a public hearing,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 below. E. Reserved Rights. Nothing herein Shall be construed to fimit any procedural or substantive rights afforded a party undertow 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. F. Enforcement. Either party may enforce this CPA by an action for declaratory and/or injunctive relief,or other equitable relief,but not by specific performance. 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. G. Choice of Law. In all litigation arising out of the Agreement,the statutory and common law of the State of Colorado shall be controlling,and venue shall be in the District Court of Weld County,Colorado. H. Original Counterparts. This Agreement may be executed in counterparts,each of which shall be an original,but all of which together shall constitute one and the same instrument. 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 • August 26,2015 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-14 published below, was introduced and, on motion duly made and seconded, approved upon first reading on July 27, 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 August 17, 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. 2015-14 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: August 17, 2015, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 31, 2015 PUBLISHED: August 5, 2015, in the Greeley Tribune aa5--'3/o 1 t 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 GREELEY TRIBUNE, that the same is a daily newspaper of general NOTICE OF circulation and printed and published in the City of FIRST READING OF ORDINANCE Greeley, in said county and state; that the notice or curb nt- rho Weiti "triatr,Homo Auto Charter DidOrdorance advertisement, of which the annexed is a true copy, Number 2015 rr, ontonod v k .was ugg d n on mo non duly made seconded agru(Dud,,,r rr gut re do on has been published in said daily newspaper for July 27,2015.-A t oblir beam g and sober-id redthng ,. Wed to be held in the Chambers of Ine Board,located within the consecutive(days): that the notice was published in Weld County Adn=.iitstration t3u,laatg 1150 fl Street Greeley, the regular and entire issue of every number of said Colorado 80034 on August 1 2015.All persons(I any manner g interested In fire reading of said Ordinance are requested to Ott tend and may be heard newspaper during the period and time of Please contact the Clerk to the Board's"co at phone(970) publication of said notice, and in the newspaper 336-7215,Extension 4225,cr tax 1970)336-7233 poor to the proper and not in a supplement thereof; that the day of the hearing it as fh;e 1000(1 of a d,saoetty,you rewrite rea- s'onab e accorterodations to order to participate in this heartrxg first publication of said notice was contained in the Any Crackup material,exh,ttts or information previously subrr,tt Fifth day of August A.D. 20155 and the last led to Me Board of Courtly Co missionets oonoe3€nrng₹iris mat- ter maybe examined in ff18 OlECO Of the Clerk to the Board of publication thereof in the issue of said newspaper County Gomauresuoners,located within the Weld County Mount rstration Bulldog,1150 O Street Greeley Colorado,between the bearing the date of the hours of 8'00 a:m and 5:00 p.m.Monday third Friday,or may ereaccesss d tf rotoh the Wela Courtly Web PageFifth day of August A.D. 2015 that said The {Nwnr CO vela usi Erhtori messages sent to an io er commis Toner may not ire included in the case tree_ r~ran a;,re Greeley Tribune has been published continuously �rclusron of your E Mao certeapots-hence into the care tie,pleasrt send a copy to egeuck>£Cso weird co tax and uninterruptedly during the period of at least six , months next prior to the first issue thereof ORDI yANCF Tt LE IN THE MATTER Or+[r EA Inks ANN REENACTING '20TH AMENDMENTS,CHAPFER 19 G ORui_ contained said notice or advertisement above RATED PLANNING AGREEMENTS.OF THE WELD COUNTY CODE referred to; that said newspaper has been admitted DATE OF NEXT READING: August t7,2015,at 9.00 a or to the United States mails as second-class matter BOARD OF COUNTY COLORADO COMMISSIONERS under the provisions of the Act of March 3, 1879, WELD COUNTY �LOr�Atu� DATED July3120'5 or any amendments thereof and that said August ribune s newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. August 5,2015 Total Charges: $9.86 5th day of August 2015 My Commission Expires 6114/17 ditZa4 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2001401194 MY COMMISSION EXPIRES JUNE 14,2017 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 0 Street , Greeley, Colorado , at the times specified below. A Second and Third reading of said Ordinance will be considered on August 17 , 2015 , and September 7 , 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 # : 2015-76 PLANNING COMMISSION DATE : July 7 , 2015 TIME : 1 : 30 p . m . BOARD OF COMMISSIONERS DATE : July 27 , 2015 TIME : 9 : 00 a . m . CASE NUMBER : ORDINANCE 2015- 14 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 : June 19 , 2015 PUBLISHED : June 24 , 2015 , in the Greeley Tribune I 2015.2310 Affidavit of Publication STATE OF COLORADO ss . County of Weld, I Kiara K. Garrett 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 NOTICE circulation and printed and published in the City of pursuant to the zoning raves of the State of Colorado and the Greeley, in said county and state; that the notice or Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commis advertisement, of which the annexed is a true copy, sioners in the Heanng Room, Weld County Administration Building, 1150 O Street, Greeley. Colorado, at the times s has been published in said daily newspaper For be considered on August 17, 2015, and September 7. 2015 tied below.. A Second and Third readi l�ci- ns of said Ordinance will consecutive ( days ) : that the notice was published in The complete case file may be examined by calling the Depart'- ment of Planning Services at (970) 353-6100 to make arrange- ments with the case planner, or at the office of the Clerk to the Board of County Commissioners. Weld County Administration newspaper during the period and time of Building, 1150 O Street, Greeley. Colorado 80631 E-Mail mes- sages sent to an individual Commissioner may not be included in publication of said notice, and in the newspaper the case file. To ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing, proper and not in a supplement thereof; that the please call the Department of Planning Services to obtain the first publication of said notice was contained in the appropriate contact information. For inclusion of any correspon- dence prior to the Board of Commissioners hearing E-mail ege- Twenty-fourth day of June A . D . 2015 and the last sick©co.weld.co.us. If a court reporter is desired for either hearing, please advise the publication thereof: in the issue of said newspaper Department of Planning Services or the Clerk to the Boards Of- fice. in writing, at least five days prior to the hearing. The cost of by, the requesting party bearing the date of the engaging a court reporter shall be borne In accordance with the Americans with Disabilities Act, 4 special Twenty-fourth day of June A . D . 201 that said accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Servic- Greeley Tribune has been published es at (970) 353 6100 Ext. 3519, or the Clerk to the Boards Of- fice at (970) 336-'2's, Ext, 4226, arior to the day of the hearing, continuously and uninterruptedly during the period All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance. due to lack of of at least six months next prior to the first issue quorum or otherwise. Contact the Department of Planning Ser- vices or the Clerk to the Board's Office at the numbers above, for thereof contained said notice or advertisement heanng continuance information. DOCKET 201s-76 above referred to ; that said news pap newspaper has been PLANNING COMMISSION DATE July 7, 2016 p p TIME: ' 30 p.m. admitted to the United States mails as second-class BOARD OF COMMISSIONERS DATE: July 27 provisions of the Act of March 3 , TIME: 9T00 a m. 2tags matter under the CASE NUMBER: ORDINANCE 2015- 14 PRESENTED BY. TOM PARKO 1879, or any amendments thereof; and that said REQUEST IN THE MATTER OF REPEALING AND REEK- newspaper is a daily newspaper duly qualified for EACTING, WITH AMENDMENTS, CHAPTER 19 COORDINAT- CODE D PLANNING AGREEMENTS, OF THE WELD COUNTY publishing legal notices and advertisements within PLANNING COMMISSION WELD COUNTY, COLORADO the meaning of the laws of the State of Colorado . DATED: June 19, 2015 The Tilbury2015 June 24, 2015 June 24., 2f 1 c ITotal Charges : $ 1 1 . 8 1 1 (1)T, -- < i&W , 1 24th day of June 2015 My Commission Expires 2/ 14/ 19 -- ♦ r . - Notary Public JERILYN L. MARTINEZ NOTARY PUBLIC 1 )1/4 STATE OF COLORADO jj t. 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