HomeMy WebLinkAbout20151950.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-12 was introduced
on first reading on July 6, 2015, and a public hearing and second reading was held on July 27,
2015. A public hearing and final reading was completed on August 17, 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. 2015-12
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: August 31, 2015
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 21, 2015
PUBLISHED: August 26, 2015, in the Greeley Tribune
c72-(9/5-/?cO
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
NOTICE OF advertisement, of which the annexed is a true copy,
FINAL READING OF ORDINANCE has been published in said daily newspaper for
Pursuant to the Weld County Home Rule Charter,Ordinance consecutive(days): that the notice was published in
Number 2015-12 was introduced on first reading on July 6,2015, the regular and entire issue of every number of said
and a public hearing and second reading was held on July 27. g
2015. A public hearing and final reading was completed on Au-
gustnewspaperof
17,2015,with no change being made to the text of said Or-
dinance,and on motion duly made and seconded,was adopted. publication of said notice, and in the newspaper
Effective date of said Ordinance is listed below, Any backup
material,exhibits or information previously submitted to the proper and not in a supplement thereof; that the
Board of County Commissioners concerning this matter may be
examined in the office of the Clerk to the Board of County Corn- first publication of said notice was contained in the
missioners,located within the Weld County Administration
Building,1150 O Street,Greetey,Colorado.between the hours Twenty-sixth day of August A.D. 2015 and the last
of 8:00 a.m.and 5:00 p.m.,Monday thru Friday,or may be ac-
cessed through the Weld County Web Page publication thereof: in the issue of said newspaper
(www.co.weld.co.us). E-Mail messages sent to an individual bearing the date of the
Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence info the case file,please
send a copy to egesick@co.weld.co.us. Twenty-sixth day of August A.D. 2015 that said
ORDINANCE NO. 2015-12 The Greeley Tribune has been published
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 19 COORDI- continuously and uninterruptedly during the period
NATED PLANNING AGREEMENTS,OF THE WELD COUNTY CODE of at least six months next prior to the first issue
EFFECTIVE DATE: August 31,2015 thereof contained said notice or advertisement
BOARD OF COUNTY COMMISSIONERS above referred to; that said newspaper has been
WELD COUNTY.COLORADO
DATED: August 21,2015 - admitted to the United States mails as second-class
The Tribune matter under the provisions of the Act of March 3,
August 26,2015 .. ..
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: $8.06
KO/4K elaU2:11------
26th day of August 2015
My Commission Expires 6/14/17
/g1 -4).1
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 2015-12 was introduced
on first reading on July 6, 2015, and a public hearing and second reading was held on July 27,
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 August 17, 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. 2015-12
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
axis— /ISO
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
SECOND READING OF ORDINANCE advertisement, of which the annexed is a true copy,
Pursuant to the weld County Home Rule Charter,Ordinance has beenpublished in said daily newspaper for
Number 2015-12 was introduced or,first reading on July 6,2015.
and a public hearing and second reading was held on.duly 27
consecutive(days):that the notice was published in
2015,with nnchangebeing made to the text of said Ordinance.
A public hearing and third reading is scheduled to be held in the the regular and entire issue of every number of said
Chambers of the Board located within the Weld County Admin-
istration Building.1150 O Street,Greeley,Colorado 80631,on newspaper during the period and time of
August 17.2015. All persons in any manner interested in the
next reading of said Ordinance are requested to attend and may publication of said notice, and in the newspaper
be heard. Please contact the Clerk to fhe Board's Office at
phone(970)336-72115.Extension 4225,or fax 970).336-7233. proper and not in a supplement thereof; that the
prior to the day of the hearing if.as a result of a disability.you
require reasonable accommodations In order to participate in this first publication of said notice was contained in the
hearing. Any backup material.exhibits or information previously
submitted to the Board of.County Commissioners concerning this Fifth day of August A.D. 2015 and the last
matter may be examined in the office of the Clerk to the Board of
County Commissioners,located within the Weld County Admrn- n publication thereof: in the issue of said newspaper
istration Building,1150 O Street,Greeley.Colorado.between t 1,
hours of 8.00 a.m.and 5:00 p.m..Monday thru Friday,or may bearing the date of the
accessed through the Weld County Web Page
(w w co.weid.co usl E-Mail messages sent to an individual •
w Fifth day of August A.D. 2015 that said The
+mimssioner may not be included in the case file To ensure
usion of your E-Mail correspondence into the ease file plea:Er Greeley Tribune has been published.continuously
�.-rrd a copy to egesick @co.weld.cous.
and uninterruptedly during the period of at least six
ORDINANCE D T TLE�IN THE MATTER O- -•-1-, 9a'4 months next prior to the first issue thereof
REENACTING,WITH AMENDMENTS,CHAPTER 19 COORDI-
NATED contained said notice or advertisement above
PLANNING AGREEMENTS,OF THE WELD COUNTY
CODE referred to; that said newspaper has been admitted
DATE OF NEXT READING. August 17.2015,at 9:00 a.m.
BOARD OF COUNTY COlviMISS1ONERS to the United States mails as second-class matter
WELD COUNTY,COLORADO under the provisions of the Act of March 3, 1879,
DATED: July 31,2015
r„xiue or any amendments thereof; and that said
,Stn 2(11 5 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: $9.41
5th day of August 2015
My Commission Expires 6/14/17
/0/Y4d/et,
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14,2017
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-12 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on July 6,
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 July 27, 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. 2015-12
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: July 27, 2015, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 10, 2015
PUBLISHED: July 15, 2015, in the Greeley Tribune
*******
WELD COUNTY
CODE ORDINANCE 2015-12
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
dZo/S- /9)
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
Add Article VIII in its entirety.
ARTICLE VIII
Milliken Plan
Sec.19-8-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
17th day of August, 2015, A.D., between the Board of County Commissioners of the County of
Weld, State of Colorado, whose address is 1150 O Street, Greeley, CO 80631, hereinafter
called the "COUNTY," and the Town of Milliken, a Colorado municipal corporation, whose
address is1101 Broad Street, Milliken Colorado, hereinafter called the "MUNICIPALITY." The
COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as "party" and
collectively as "the parties."
Sec.19-8-20. Recitals.
y
A. The COUNTY exercises governmental authority regulating land use, growth and
development within the unincorporated areas of Weld County, Colorado, which areas include
lands surrounding the MUNICIPALITY; and
B. The MUNICIPALITY exercises governmental authority with respect to land use, growth,
and development within its municipal boundaries and regarding its annexations, and has
demonstrated the capability of providing municipal services and facilities (including water and
sewer services based on the municipality's code and/or other municipal service policies) within
the THREE (3) MILE AREA, as defined herein; and
C. Title 29, Article 20 of the Colorado Revised Statutes, grants broad authority to local
governments to plan for, and regulate development and the use of land within, their respective
jurisdictions, accomplishing such activities through public processes that respect, protect, and
promote private property rights; and
D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages local
governments to cooperate and contract with each other for the purpose of planning and
regulating the development of land by the joint and coordinated exercise of planning, zoning,
subdivisions, building, and related regulatory powers; and
E. Pressures for growth and development in the MUNICIPALITY and COUNTY indicate
that the joint and coordinated exercise by the COUNTY and MUNICIPALITY of their respective
planning, zoning, subdivision, building and related regulatory powers in such areas will best
promote the objectives stated in this CPA; and
F. This CPA adheres to the objectives and policies of the Weld County Comprehensive
Plan, set forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which
encourages the establishment of intergovernmental agreements concerning growth areas with
each municipality in Weld County.
Sec. 19-8-30. Purposes and objectives.
The purpose of this CPA is to establish procedures and standards, pursuant to which the
parties will move toward greater coordination in the exercise of their land use and related
regulatory powers within unincorporated areas surrounding the MUNICIPALITY. The objectives
of such efforts are to accomplish the type of development in such areas which best protects the
health, safety, prosperity, and general welfare of the inhabitants of the parties and to achieve
maximum efficiency and economy in the process of development. However, any action taken
pursuant to this CPA that pertains to any land within the MUNICIPALITY, for incorporated areas,
and within the COUNTY, for unincorporated areas, is subject to exclusive final approval by the
governing body of the MUNICIPALITY or COUNTY, respectively.
Sec. 19-8-40. Definitions.
For the purposes of this CPA, the following terms shall be defined as set forth herein:
Development. Any land use requiring regulatory approval by the elected governing body
of the applicable party in the THREE (3) MILE AREA, except for an amendment to a plat or
a down-zoning, neither of which creates any additional lots, and except for a Recorded
Exemption or Subdivision Exemption. Existing agricultural uses, which are lawful uses,
either as Uses-by-Right under the Weld County Code, or as legally existing non-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. 19-8-50. Planning Coordination.
This CPA is intended to be a Comprehensive Development Plan adopted and implemented
pursuant to Section 29-20-105(2) C.R.S. Following the execution of this CPA by both parties,
applications to the COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
processed and determined in accordance with the following:
A. Referral. The COUNTY shall refer all proposals for DEVELOPMENT within the
THREE (3) MILE AREA to the MUNICIPALITY for its review and recommendation. Such
referral shall include at least a copy of the written DEVELOPMENT proposal and preliminary
COUNTY staff summary of the case. The COUNTY shall allow not less than twenty-one
(21) days for the MUNICIPALITY to review the referral and furnish its recommendations to
the COUNTY staff prior to formulation of the COUNTY staff recommendation. If the
MUNICIPALITY does not respond within such time, the COUNTY staff may proceed with its
recommendation, but any comment or recommendation from the MUNICIPALITY received
on or before the Thursday immediately preceding the meeting of the Board of County
Commissioners or Planning Commission when the matter shall be considered shall be
transmitted to the Board or Commission. If the MUNICIPALITY submits no comment or
recommendation, the COUNTY may assume it has no objection to the proposal. If the
MUNICIPALITY submits recommendations, the COUNTY shall either include within its
written decision the reasons for any action taken contrary to the same or furnish such
reasons to the MUNICIPALITY by a separate writing. The MUNICIPALITY shall be given
notice of, and may appear and be heard at, any hearing or other proceeding at which the
COUNTY shall consider a DEVELOPMENT subject to the foregoing referral process.
B. Development within THREE (3) MILE AREA. Upon receipt of any proposal for
DEVELOPMENT within the THREE (3) MILE AREA then currently eligible for voluntary
annexation to the MUNICIPALITY, the COUNTY shall, in writing, at time of a pre-application
with the Department of Planning Services, notify the proponent of the opportunity for
annexation. The Director of Planning Services shall, in writing, notify the MUNICIPALITY's
mayor and his or her designee of the proposal. The MUNICIPALITY shall have twenty-one
(21) days following contact by the proponent, which shall be documented, in writing, (with a
copy of the COUNTY), to notify the COUNTY, in writing, that the MUNICIPALITY and the
applicant have agreed to the terms of a pre-annexation agreement. The COUNTY shall not
process any application until the completion of said twenty-one (21) days, or until the
COUNTY receives notification from the MUNICIPALITY that a pre-annexation agreement
between the MUNICIPALITY and the applicant will not be pursued, whichever occurs
sooner. If no such notification is received by the COUNTY during said twenty-one (21) days,
processing of the application shall continue by the COUNTY to completion.
C. Mutuality of Impact Consideration. The parties recognize that decisions by one party
regarding development may impact property outside of its jurisdiction. The parties agree
that jurisdictional boundaries shall not be the basis for giving any greater or lesser weight to
those impacts during the course of deliberations.
D. Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT
which lie within 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
11 recommendations, the MUNICIPALITY shall either include within its written decision the
reasons for any action taken contrary to the same or furnish such reasons to the COUNTY
by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation of
more than 10 acres, the provisions of this section shall be deemed satisfied by compliance
by the MUNICIPALITY with the notice and impact report provisions of the most current
version of the Municipal Annexation Act then in effect. The COUNTY shall be given notice
of, and may appear and be heard at, any hearing or other proceeding at which the
MUNICIPALITY shall consider a DEVELOPMENT subject to the foregoing referral process.
Sec. 19-8-60. Implementation of CPA.
Following the mutual execution of this CPA, each party shall promptly enact and implement
such amendments to its existing regulations as may be necessary to give effect to the
provisions of Section 3. Each party shall have sole and exclusive discretion to determine such
measures and any new ones enabling it to perform this CPA. Each party's land use regulations
as referred to herein are ordinances whose amendment requires certain formalities, including
notice and public hearings. The mutual covenants in this section and elsewhere, to implement
this CPA promptly, are given and received with mutual recognition and understanding of the
legislative processes involved, and such covenants shall be liberally construed in light thereof.
Sec. 19-8-70. Establishment of Common Development Standards.
The MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this
CPA, attempt to agree to establish common development standards within designated areas,
which may include areas within the MUNICIPALITY's boundaries and/or within the THREE (3)
MILE AREA. Common development standards should include, but not be limited to, roadways
(types, widths, horizontal design, access and spacing) and drainage (on-site, off-site, discharge,
easements, and regional facilities).
Sec. 19-8-80. Miscellaneous provisions.
A. Severability. Should any one or more sections or paragraphs of this CPA be
judicially determined invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this CPA, the intention being that the various sections
and paragraphs are severable; provided, however, that the parties shall then review the
remaining provisions to determine if the CPA should continue, as modified, or if the CPA
should be terminated.
B. Termination. This CPA shall continue in effect for a period of one year from the date
first written above, and shall be renewed automatically thereafter for successive one (1) year
periods. Notwithstanding the foregoing, however, either party may terminate this CPA by
giving at least twelve (12) months' written notice thereof to the other party.
C. Amendment. This CPA may be amended only by a writing executed by the parties
and adopted according to the same procedures as the original adoption (requiring the
written
consent of the amendment by both parties and compliance with the procedures detailed in
Sections 6.4 and 6.5 of the CPA).
D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall at public hearing(s)
consider this CPA for adoption upon published notification. The MUNICIPALITY shall
provide a complete record of such public hearing(s) to the COUNTY for review prior to the
start of the COUNTY's adoption process detailed in Section 6.5 of the CPA.
E. Adoption by the COUNTY. The COUNTY shall, upon published notification consider
this CPA for adoption and amendment to Chapter 19 of the Weld County Code. In the
course of such adoption process, the COUNTY shall review the complete record of the
public hearing(s) held by the MUNICIPALITY wherein it considered this CPA for adoption.
The effective date of this CPA shall be its effective date of amendment to the Weld County
Code.
F. Reserved Rights. Nothing herein shall be construed to limit any procedural or
substantive rights afforded a party under law respecting the matters that are the subject of
this CPA, including without limitation any rights of referral, participation or judicial review
related to any land use or development procedure or approval of the other party, which
rights are hereby reserved to each party.
G. Enforcement. Either party may enforce this CPA by an action for specific
performance, declaratory and/or injunctive relief, or other equitable relief. The parties agree
the remedies for enforcement hereof are limited to non-monetary relief, and each party
hereby waives any right to seek damages for any violation of this CPA. No other person or
entity shall have any right to enforce the provisions of this CPA.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and subsections in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
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,
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
Fifteenth day of July A.D. 2015 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Fifteenth day of July 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.
July 15,2015
Total Charges: $94.42
Kt° , 6,CIAA-217 ---
15th day of July 2015
My Commission Expires 6114117
Notary Public
ROBERT LITTLE rr. ti
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRES JANE 14,2017x4
NOTICE OF
FIRST READING OF ORDINANCE
Puruem to the Weld County Home Rule Charter,Ordinance Number 2015-12 published below.was introduced and,on motion duly
made and eecordad,approved upon first rearing on July 6.2015.A public hearing and second reading is scheduled to be held in the
Chambers of the Board,located within the Weld County Administration Budding,1150 0 Street.Greeley,Colorado 90631,on Jury 27.
2015.All persons in any manner Interested In Me reading of raid Ordinance are rectoeeled m enend and maybe heard.Please cn-
e the Clerk to the Board.office et phone(970)3367215,Extension 4225,or lax(970)336-7233,prior to the day of the hearing if,
as the result of a disability,you require reasonable accommodations In order to pert'x:ipate in this nearing.Any backup material,ex-
hibits or information Nev.*submitted to the Board or County Commissioners concerning thfs manor may be examined In the of-
fice of the Clerk to the sa0
in Board of County Comminers,orated within the Weld County Administration Building,11500 Street.
Greeley,Colorado,between the hours of BOO a.m.and 5:00 0.0.,Monday
n Individual thru Friday,or may be accessed through the Weld County
Web Page Inclusion of your E-Mall coneapond nce Into the cases sent in file.please seen.a copy to egenmissioner sickOn.wel not be d co us.h the�n tits.To en-
sure ORDINANCE NO.2015-12
ORDINANCE TITLE:IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS.CHAPTER 19 N:S COORDINAT-
DATE OF NEXT READE('PLANNING ING:July27,2015.at 900 am.
CAGE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED:July 10,2015
PUBLISHED 001915.2015,In the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2010-12
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:
WeldRCounttHome Rum Cltroerr.A oeeled with the eNho�1 stint neiednp thte eC ttfaceof weld Cunry COMedo:and en'
the
WHEREAS,the Board a County Commlesionere,n December 26 20W,adopted Wem Court Code Ordnance 200D1,enacting a
nentnaature a enacted on orbefore said dated adopt!ioonn,theand
cddtlicaln of all prevbuety adopledadinances of ageneral antl perme-
WHEREAS,the Weld County Code is In reed of revision arm clarification with regard m procedures,terms,aud requirements therein.
NOW,THEREFORE,BE IT ORDAINED Dy the Board of County Commissioners of the County of Weld,State of Colorado.that cer-
tain existing Chapters o1 the Weld County Code be-,ant hereby are,repealed and re-enacted.with amendment,ant the various
Chapters are reeled to read as follow..
CHAPTER 19
COORDINATED PLANNING AGREEMENTS
Add Article VIII in he entkery.
ARTICLE VIII
MdlAen Plan
Sec.19-&10.ItNoductbn.
This Coordinated Planning Agreement I'CPA')Is made and entered Into effective as d the 17th day 01 August,2015,A.D.between
the Board of County Commtk00ats of the County of Weld.Stale of Colorado.whose address Is 1150 0 Street.Greeley.CO 90631.
hereinafter called the"COUNTY..and the Town of Mtlkken,a Colorado muncpal corporation,whose address is1101 Broad Street,
Milliken Colorado,hereinafter called the'MUNICIPALITY.'The COUNTY and MUNICIPALITY are heehafter sometimes referred to
individually as"party'end collectivery as The Ponies'
5.19-8-20.Recitals,
WR Cwn Colorado.which areas include tlwnry lands suuround'ng Ma MUNp IC Mine"'wtthin Me unincaporeted erase of
B The MUNICIPALITY exercises governmental authority with respect to lad use,growth,end development wltsn Its municipal
boggundaries and ragardine it aneeetbns,and has demonstrated the capebl0N Of providngg mu topeI service and facifnies lud
AREA.as defined herein:eS beeetl on the municinlirye code and/or other municipal service pulkke)within Me THREE(31 hLE
nd
C Tde 29,Ankle 20 of the Colorado Revised Statutes.grata broad authority to local government to plan for.end regulate davel-
opmnt and the use of land within.their respective Pxisdictions.accomplishing such activities through public processes that respect.
protect,and promote private property right;and
D TNe 29,Article 20 of one Colorado Revised Statutes.euthoizes and encourages local governments to cooperate and contract with
each other for the purpose of planning and regulating the development of lard by the joint and coordinated exercise of planning.zon-
ing,subdNisbns,budding.and related regulatory powers:and
E,Preesurea for growth and development he MUNICIPALITY and COUNTY Indicate that the pint and coordinated exercise by the
COUNTY and MUNICIPALITY of their respective planning,zoning,subdivision.building and related regulatory powers in such areas
will best promote the objectives hated in this CPA;end
F.Thu to CPA adheres to the objectives and policies of the Weld County Comaehenava Plan,set loon in Section 22.2-40 of the Weld
County Coda and,in particular,UD.Goa12.,which encourages the establishment of ireergwemmentl agreements concerning growth
areas web each municipality in Weld County.
Sec.19-8.30,Purposes and objectives.
The purpose of this CPA ie to establish procedures and standards,pursuant to which the parties will move toward greater coordina.
tln in the exercise of their land use and related regulatory powers within unncorporated areas surrounding the MUNICIPALITY.The
objectives of such efforts are to accomplish the we of development In such areas which best protects the lteelt.salary.prosper
aY
and general welfare of the inhabitants of the padres and to achieve maximum efficiency and economy In the process of development.
However,any action taken pursuant m this CPA Mat pertains to any land whin the MUNICIPALITY,tor ncaporated areas,and
wItNn the COUNTY,for unincorporated areas,is subject to exclusive final approval by the governing body of the MUNICIPALITY on
COUNTY,respectively.
Sec.19-&M.Definition
For the purposes of this CPA.the following tent hill be defined as set forth herein:
Development.Any land use requiring regulatory approval by the elected govemfrg body of the applicable party in the THREE(3) •
MILE AREA,except for an amendment to a ptl ore down-zoning,neither of which creates any additional lots,end 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)MIN Area.The area as defined by Colorado Revised Statutes,C.R.S.31-12-I05.1.E.
Sec.19-0-50.Planning Coordination.
This CPA Is Intended to bee Comprehhensive Development Plan adopted and implemented pursuant m S tlow 29-26105(2)ORS.
AREA shathe h be execution
of this
and CPAdeter by
r nponies.a cecef ns to following:
ethe
for DEVELOPMENT within the THREE(31 MILE prA.Refenel.The COUNTY shall refer se proposals for DEVELOPMENT whin the THREE(3)MILE AREA to the MUNICIPALITY for
Its review and recommendation.Such ref enal shag include at mast a copy of the written DEVELOPMENT proposal and preliminary
COUNTY staff summary of the case.The COUNTY shall allow not lees than lweotyae(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.PI the
MUNICIPALITY does not respond within such time,The COUNTY staff may proceed with Is recommendation,but any comment or
recommendation from Me MUNICIPALITY received n or before the Thursday immediately aecedng the meeting of the Board of
County Commissioners or Planning Commission when the matter shall be considered shall be transmitted to the Board a
Commission II the MUNICIPALITY submits no commenter recommendation,the COUNTY may assume It has no objection to the
proposal,If the MUNICIPALITY submits recommendations,one COUNTY shall either Maude within its writtte teegn decision Me reason.
1 any action taken tic contraryand to tire same or furnish such reasons to the MUNICIPALITY by a may appear and be heard at any hear hg or other proceeding at which athe COUNTY shelf c IConaider a
IPALfTY
hatbe-g notice au je y
BEVELOPMENTobjectR E 01 MILE
Enq lA.upon UNICdartypropose for DEVELOPMENT shall,
well the THREE(3)MILE AREA
then currently eligible for voluntary annexation to the MUNICIPALITY one COUNTY shall,n The D 1 time of ae nstg Saruloes with
the Depunmeot of PuUblg 5ANldas,meyo the Pnoponant of the w50r Ye-ter annexation The Dlreclm a Pbnnng toe ices shell.
days
ofollowing
�l nicthect by to propY'amayorh shell
br douneoftheingpos(wit The oofhe CONVY),t havethe COUN(211
dap tang.t at the MUNICIPALITY U the q nan015 sph icaelt he documented,to Zr welling,l ap copy pre-annexation the COeemen tT reCO Ma COUNTn,
In writing,the the sriOnu end 10aOf sold I have agreed fo the amts of a OUNT agreement.The COUNTY atoll not
W Y pp1 until the completer of said he U de- tell the COUNTY fecewes 05 puts on trap Me
o.ure sconer.If ALIN nit such ratification a received by the CbeatOUNTY during said tvrnryanaep(2f)dap'aaessi g of the application
shell continue by the COUNTY to completion.
C.MuOJeEy of Impact Consideration.The parties recognize that decisln5 by one Pant regarding development may Impeo property
outside of its prediction.The parties agree that jurisdictional boundaries shall not be the bane for giving any greater or lesser weight
to Rose Impacts during the course of deliberations.
D. s t County. MUNICIPALITY shall refer pmwaals for DEVELOPMENT which lie wit.500 font of any property'unin leT DEVELOPMENT
Weld County m Me COUNTY for its review end recammaeahsn.Such referral star include at man a copy of in
written DEVELOPMENT proposal,.The MUNICIPALITY shall allow not mss than eventy-one(21)dap for the COUNTY to review
same and furnish es recommendations to Me MUNICIPALITY.If Me COUNTY submits no comment or recommendation,the
MUNICIPALITY may assume II has no objection to the proposal.If the COUNTY submits recommenda.ns,the MUNICI PALMY
shell either Include within its written decision the reasons for any action also contrary to the same or Or to lumiah such reasons to Me
COUNTY by separaN writing Where Me DEVELOPMENT is pro o proposed as pen/an annexation of more than 10 acres,the
...ions of the section stall be deemed Municipal Annexation
by contemn.by the MUNICIPALITY with the
NTY shall.gnotice and impact moon provision.
of end he hea current rd at.any hearing or othe the r�prooccel edingxattwhic tM MUNICIPALITY smal then h en..The l consider a DEVELOPMENT abject to the
appear
and
referral process.
Sec.too-CO.Implementation of CPA. ly a
Following the mutual execution a this CPA,each pent prom shalt pt nact and Implement such amendments to its edsag
regulations as maybe necessary to give suet to the provisions of Section 3.Each pant shall have sole ant exclusve disaretbn to
determine such measures end any new ones enabling it toperbn this CPA Each party's and use regula ns as referred to herein
are ordinances whose amendment requires certain formalities,Including notice and public nsanngs.Themutual covenants
in this
section and elsewhere.to implement this CPA promptly.are given and received with mutual recognition end understanding of the le-
islative processes involved,and such covenants shall be liberally construed in light thereof.
Sec.19-8-70 Establishment of Common Development Standards.
The MUNICIPALITY end COUNTY shall,within one(t)year of the effective date a this CPA,attempt to agree to ea blish common
development standards within desigraad areas,which may fncbAe areas within the MUNICIPALITY'S boundaries anon witNn the
THREE 131 MILE AREA.Common development standards should Include.but not be limited to.roadways(types,widths,horizontal
design,access and spacing)and drainage(on one.oft-ape.discharge,easements,and regional ledaue).
Sec.19-690.MlsceleneouS provisions.
A,SeverabilTy,Should any one or more sections or paragraphs of this CPA be judicially determined invalid or unenforceable.such
judgment shall not affect,Impair or in validate the remaning provisions of this CPA,the intention being that the venous sections and
paregrelons are saverabm;provAed,however,that the parties shall then review the remaining awemna to determine it the CPA
should bnue,as modfisd,or ff Ma CPA shnld be lermfreled,
B.Termination This CPA shall canine in effect fora period of one year from the date first wrinnn above,and shall be renewed
eetometiceely thereafter
succeseive one
moon ll year periods,
Notwithstanding
to the other oi
ing the foregng.however,either parry may term..then en CPA b y gMng at leaalwo C.Amendment.T.CPA may be amended only by a writing executed by the parties and adopted according to the same
as the original adoption(requkng the writtencconsen of the amendment by both pane.and compliance with the procedures detailed in Sections 6.4 and 6.5 of the CPA).
D,Adaplion by the MUNICIPALITY The MUNICIPALITY shall et public hearing(s)consider the CPA for adoption upon published
notificaof the Oow.
The aUNICIP process detailedor MUNICIPALITY shall
providea comps to record
e ord of such public hearing(s)to the COUNTY for review poor to Me can
A.
E.Adoption by the COUNTY_The COUNTY shall,upon published notification consider the CPA for adoption and amendment to
Chapter 19 of the Weld County Code.In the worse of such adoption process,the COUNTY shall review the complete record of the
public
amendment held
by the bmam M Weld County Coda.MUNICIPALFTY
h considered this CPA for adoption.The effective date of Mis CPA shall be its
effective date
F.Reserved Rights.Nothing herein shall be construed to lime any procedural or substantive nights afforded a path under law without limitation rafal�edto any en.the ters Mat are the us.or developmentect of this CPA.procedure o approvalnof one other party,which rights of
areehereb deserved to eation of ch iParry. w
G.Enforcement Either pony may enforce the CPA by an action Iof Speak penormance,declaratory and/or injunctive relief.or othot
equeeble reliant to seek damhe parties ages nee the any violation of this CPA.emedies for enforcement
her.l are No other person oriled tentfry shall havveerany rght m enfor each ce Perry
waive.any right ges orally
provisions of INe CPA.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be.and hereby is.directed to arrange for Colorado Cade
Publ.hfng to Supplement the Weld CountyyCode with the amendment contained herein,to coincide with chapters,articles,divisions,
gram-
mar, and
of placement Al chapters,rb exist tcles.dihin visions.secto s.anE ubny seehlecons in laid Code.ies rring capitalization.gram-
BEnIT FURTHER ORDAINED by the Board,if any section,subsection.paragraph.sentence,clause,or phrase of this Ordinance le for
y reason held or decided to be uncnsslutio el,such decision shall not ailed the validity of the remaining portions hereol.The
Board of County Commissioners hereby decAres Mal it would have enacted this Ordnance in each and every section,ubMctbn,
paragrph,sentence,clause.and pha d th se thereof irrespective of the feat any one or more sections.subsecnona,pagraphs,
swences,clauses,or phrases might be declared to be unconstitutional or Invalid.
The Tribune
July 15,2015
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter.Ordinance Number 2015-12 published below,was introduced and,on motion duly
made and seconded,approved upon first reading on July 6,2015.A buonc nearing 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 July 27,
2015.All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard.Please con-
tact 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,ex-
hibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the of-
fice 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 en-
sure inclusion of your E-Mail correspondence into the case file,please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2015-12
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING.WITFf AMENDMENTS,CHAPTER 19 COORDINAT-
ED PLANNING AGREEMENTS,OF THE WELD COUNTY CODE
DATE OF NEXT READING: July 27,2015,at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED: July 10,2015
PUBLISHED' July 15,2015,in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2015-12
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 VIII in its entirety.
ARTICLE VIII
Milliken Plan
Sec.19-8-10. Introduction.
This Coordinated Planning Agreement("CPA')is made and entered into effective as of the 17th day of August,2015,A.D.,between
the Board of County Commissioners of the County of Weld,State of Colorado,whose address is 1150 O Street,Greeley,CO 80631.
hereinafter called the"COUNTY,"and the Town of Milliken,a Colorado municipal corporation,whose address is1101 Broad Street,
Milliken Colorado,hereinafter called the"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to
individually as"party"and collectively as"the parties."
Sec.19-8-20. Recitals.
A.The COUNTY exercises governmental authority regulating land use.growth and development within the unincorporated areas of
Weld County,Colorado.which areas include lands surrounding the MUNICIPALITY;and
B.The MUNICIPALITY exercises governmental authority with respect to land use,growth,and development within its municipal
boundaries and regarding its annexations,and has demonstrated the capability of providing municipal services and facilities(includ-
ing water and sewer services based on the municipality's code and/or other municipal service policies)within the THREE(3)MILE
AREA.as defined herein;and
C.Title 29,Article 20 of the Colorado Revised Statutes,grants broad authority to local governments to plan for,and regulate devel-
opment and the use of land within,their respective jurisdictions,accomplishing such activities through public processes that respect,
protect,and promote private property rights;and
D.Title 29,Article 20 of the Colorado Revised Statutes,authorizes and encourages local governments to cooperate and contract with
each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning,zon-
ing,subdivisions,building,and related regulatory powers;and
E.Pressures for growth and development in the MUNICIPALITY and COUNTY indicate that the joint and coordinated exercise by the
COUNTY and MUNICIPALITY of their respective planning.zoning,subdivision,building and related regulatory powers in such areas
will best promote the objectives stated in this CPA:and
F.This CPA adheres to the objectives and policies of the Weld County Comprehensive Plan,set forth in Section 22-2-40 of the Weld
County Code and,in particular.UD.Goal 2.,which encourages the establishment of intergovernmental agreements concerning growth
areas with each municipality in Weld County.
Sec.19-8-30. Purposes and objectives.
The purpose of this CPA is to establish procedures and standards,pursuant to which the parties will move toward greater 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.19-8-40. Definitions.
For the purposes of this CPA,the following terms shall be defined as set forth herein:
Development. Any land use requiring regulatory approval by the elected governing body of the applicable party in the THREE(3)
MILE AREA,except for an amendment to a plat or a down-zoning,neither of which creates any additional lots,and except for a
Recorded Exemption or Subdivision Exemption, Existing agricultural uses,which are lawful uses,
either as Uses-by-Right under the Weld County Code,or as legally existing non-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.19-8-50, Planning Coordination.
This CPA is intended to be a Comprehensive Development Plan adapted and implemented pursuant to Section 29-20-105(2)C.R.S.
Following the execution of this C""A by both parties,applications to the COUNTY for DEVELOPMENT within the THREE(3)MILE
AREA shall be processed:;,id determined in accordance with the felowing:
A.Referral. The COUNTY shall refer all proposals for DEVELOPMENT within the THREE(3)MILE AREA to the MUNICIPALITY for
its review and recommendation. Such referral shall include at least a copy of the written DEVELOPMENT proposal and preliminary
COUNTY staff summary of the case. The COUNTY shall allow not less than twenty-one(21)days for the MUNICIPALITY to review
the referral and furnish its recommendations to the COUNTY staff prior to formulation of the COUNTY staff recommendation. If the
MUNICIPALITY does not respond within such time,the COUNTY staff may proceed with its recommendation.but any comment or
il recommendation from the MUNICIPALITY received on or before the Thursday immediately preceding the meeting of the Board of
County Commissioners or Planning Commission when the matter shall be considered shall be transmitted to the Board or
Commission. If the MUNICIPALITY submits no comment or recommendation,the COUNTY may assume it has no objection to the
proposal. If the MUNICIPALITY submits recommendations.the COUNTY shall either include within its written decision the reasons
for any action taken contrary to the same or furnish such reasons to the MUNICIPALITY by a separate writing. The MUNICIPALITY
shall be given notice of,and may appear and be heard at,any hearing or other proceeding at which the COUNTY shall consider a
DEVELOPMENT subject to the foregoing referral process.
B.Development within THREE(3)MILE AREA.Upon receipt of any proposal for DEVELOPMENT within the THREE(3)MILE AREA
then currently eligible for voluntary annexation to the MUNICIPALITY,the COUNTY shall,in writing,at time of a pre-application with
the Department of Planning Services,notify the proponent of the opportunity for annexation.The Director of Planning Services shall,
in writing,notify the MUNICIPALITY's mayor and his or her designee of the proposal. The MUNICIPALITY shall have twenty-one(21)
days following contact by the proponent,which shall be documented.in writing,(with a copy of the COUNTY),to notify the COUNTY,
in writing,that the MUNICIPALITY and the applicant have agreed to the terms of a pre-annexation agreement.The COUNTY shall not
process any application until the completion of said twenty-one(21)days,or until the COUNTY receives notification from the
MUNICIPALITY that a pre-annexation agreement between the MUNICIPALITY and the applicant will not be pursued,whichever
occurs sooner. If no such notification is received by the COUNTY during said twenty-one(21)days.processing of the application
shall continue by,the COUNTY to completion.
C.Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding development may impact property
outside of its jurisdiction. The parties agree that jurisdictional boundaries shall not be the basis for giving any greater or lesser weight
to those impacts during the course of deliberations,
D.Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT which lie within 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 10 acres,the
provisions of this section shall be deemed satisfied by compliance by the MUNICIPALITY with the notice and impact report provisions
of the most current version of the Municipal Annexation Act then in effect. The COUNTY shall be given notice of.and may appear
and be heard at,any hearing or other proceeding at which the MUNICIPALITY shall consider a DEVELOPMENT subject to the
foregoing referral process.
Sec.19-8-60. Implementation of CPA.
Following the mutual execution of this CPA,each party shall promptly enact and implement such amendments to its existing
regulations as may be necessary to give effect to the provisions of Section 3. Each party shall have sole and exclusive discretion to
determine such measures and any new ones enabling it to perform this CPA. Each party's land use regulations as referred to herein
are ordinances whose amendment requires certain formalities.including notice and public hearings. The mutual covenants in this
section and elsewhere.to implement this CPA promptly,are given and received with mutual recognition and understanding of the le-
gislative processes involved.and such covenants shall be liberally construed in light thereof,
Sec.19-8-70. Establishment of Common Development Standards.
The MUNICIPALITY and COUNTY shall,within one(1)year of the effective date of this CPA,attempt to agree to establish common
development standards within designated areas.which may include areas within the MUNICIPALITY's boundaries and/or within the
THREE(3)MILE AREA.Common development standards should include,but not be limited to,roadways(types,widths,horizontal
design,access and spacing)and drainage(on-site,off-site,discharge,easements.and regional facilities).
Sec.19-8-80. Miscellaneous provisions.
A.Severability. Should any one or more sections or paragraphs of this CPA be judicially determined invalid or unenforceable.such
judgment shall not affect,impair or invalidate the remaining provisions of this CPA,the intention being that the various sections and
paragraphs are severable;provided,however.that the parties shall then review the remaining provisions to determine if the CPA
should continue,as modified,or if the CPA should be terminated,
B. Termination. This CPA shall continue in effect for a period of one year from the date first written above,and shall be renewed
automatically thereafter for successive one(1)year periods. Notwithstanding the foregoing,however,either party may terminate this
CPA by giving at least twelve(12)months'written notice thereof to the other party.
C. Amendment. This CPA may be amended only by a writing executed by the parties and adopted according to the same
procedures as the original adoption(requiring the written
consent of the amendment by both parties and compliance with the procedures detailed in Sections 6.4 and 6.5 of the CPA).
D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall at public hearing(s)consider this CPA for adoption upon published
notification. The MUNICIPALITY shall provide a complete record of such public hearing(s)to the COUNTY for review prior to the start
of the COUNTY's adoption process detailed in Section 6.5 of the CPA.
E.Adoption by the COUNTY. The COUNTY shall,upon published notification consider this CPA for adoption and amendment to
Chapter 19 of the Weld County Code. In the course of such adoption process,the COUNTY shall review the complete record of the
public hearing(s)held by the MUNICIPALITY wherein it considered this CPA for adoption. The effective date of this CPA shall be its
effective date of amendment to the Weld County Code.
F.Reserved Rights. Nothing herein shall be construed to limit any procedural or substantive rights afforded a party under taw
respecting the matters that are the subject of this CPA.including without limitation any rights of referral,participation or judicial review
related to any land use or development procedure or approval of the other party,which rights are hereby reserved to each party.
G.Enforcement. Either party may enforce this CPA by an action for specific performance,declaratory and/or injunctive relief,or other
-equitable relief. The parties agree the remedies for enforcement hereof are limited to non-monetary relief,and each party hereby
waives any right to seek damages for arty 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,gram-
mar,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 lot affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have erected this Ordinance in each and every section.subsection,
paragraph,sentence.clause.and phrase thereof irrespective of the tart that any one or more sections,subsections,paragraphs.
sentences.clauses,or phrases might be declared to be unconstitutional or invalid
The Tribune
July 15,2015
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 July 27, 2015, and August 17, 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#: 2015-72
PLANNING COMMISSION DATE: June 16, 2015
TIME: 1:30 p.m.
BOARD OF COMMISSIONERS DATE: July 6, 2015
TIME: 9:00 a.m.
CASE NUMBER: ORDINANCE 2015-12
PRESENTED BY: TOM PARKO
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: May 29, 2015
PUBLISHED: June 3, 2015, in the Greeley Tribune
2015-1950
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,
sorcisew, 1111- ,9-e- 5
NOTICE that the same is a daily newspaper of general
Pursuant to the waning Saws of the State nt Dofwado and the circulation and printed and published in the City of
Weld Coursty Code,a'public nearing will held before the Weld
County Planning Commission and the Board of County Commis-
sioners in the Hearing Room,Weld County Administration
Building,1150 O Streak Greeley,Colorado,at the times spec'- advertisement, of which the annexed is a true copy,
fled be:oiw. A Second and Third reading of said Ordinance will
be considered on July 27 2015,and August 17,2015, has been published in said daily newspaper for
The complete ease file may he exclaimed toy calling the Depart-
ment of Planning Services at{970}353-6100 to make arrange- consecutive(dayS): that the notice was published in
merits with the cases planner,or at the office of the Clerk to the
Board of county Commissionears.geld County Administration the regular and entire issue of every number of said
Building,1156 O Streit,Greeley.Colorado 80831 E Mail mes-
sages sent to an individual Corrmrssiener may net be included in newspaper during the period and time of
the case file to ensrrrc in,rrssan of your E-lets l correspondence
into the case file prior to the Planning Commission heeling, publication of said notice, and in the newspaper
please call the Department ct Planning Services to obtain the
appropriate contact information.For sr:elusion of any gene pun- proper and not in a supplement thereof; that the
dente prior to the Board of Commissioners hearing E-mail ego-
-Pre first publication of said notice was contained in the
sick .weid cr.
If a court reposers desired for e=the,nearing.please advise the Third day of June A.D. 2015 and the last
• Deparuner t of Planning Serums or the Clerk to the Board's
-
free,sn writing ai lust five days prior to the heating- The cost of publication thereof: in the issue of said newspaper
engaging a court reporter shall bo borne by the requesting',party
In accordance with the Americans with Disabilities Act,ri specs& bearing the date of the
accommodations are required in order for ycd to pa#scapase to
this firearm-0 ',€ease contact the Department of Planning Serer-
es at{970 Third day of June A.D. 2015 that said The Greeley
1•-353 61O0 Ext 351$,car the Ciork to the Beard's Cal-
Toe at(9701138-7215,Eat,4226,error to trio day of the nearing, Tribune has been published continuously and
Alt cases scheduled t efore the Planning Commission or Board of
County Commissioners are subject to continuance,due to lack of uninterruptedly during the period of at least six
quorum or otherwise, Contact the Department of Pfarrhic g Ser-
vices or the Clerk to the Board's Office at the numbers above ire months next prior to the first issue thereof
hearing contrrruerwe information
DOCKET 4,20;5_72 contained said notice or advertisement above
PLANNING COMMISSION DATE:June' ?"T'
TIME: 1:30 p m. referred to; that said newspaper has been admitted
TIME:
BOARD OF COMMISSIONERS DATE-July 6,2013 to the United States mails as second-class matter
TIME, 9:00 a m.
CASE NUMBER: ORDINANCE 2015.12 under the revisions of the Act of March 3,1879,or
PRESENTED BY TOM PARK° p
REQUEST IN THE MATTER OF REPEALITIG AND REEK:
ACTING.WITH AMENDMENTS,CHAPTER 19 COORDI AT_ any amendments thereof; and that said newspaper
ED PLANNING'AGITEEtvIENTS.OF THE WELD COUNTY is a daily newspaper duly qualified for publishing
PLANNING COMMISSION MELD COUNTY,COLORADO legal notices and advertisements within the
DATED,May 26,2015 meaning of the laws of the State of Colorado.
rhe Inborn)
June s,2f,ta June 3,2015
Total Charges: $1 1.81
<I1C-
; K
3rd day of June 2015
My Commission Expires 6/14/17
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
STA1"E OF COLORADO
NOTARY ID 20014018494
', MY COMMISSION EXPIRES JUNE 14,2017
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