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Home My WebLink About20152307.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-13 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. 2015-13 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 ,/s a.3b 7 Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1 Kiara K. Garrett of said County of Weld, being duly sworn, say that 1 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, , AL READMG OF DINS , has been published in said daily newspaper for Pursuant to the Weld County Home Rule Charter,Ordirtesee consecutive (days): that the notice was published in Number 2015-13 was introduced on first reading on July 2T, regular and entire issue of every number of said the 2015,and a public hearing and second reading was heldon Au- gust 17,2015. A public hearing and final reading was complet- ed on September 9,2015,with no change being made to the text b p of said Ordinance,and on motion duly made and seconded,was publication saidnotice, in the newspaper adopted. Effective date of said Ordinance is listed below. Any p on of and news p P backup material,exhibits or information previously submitted to proper and not in a supplement thereof; that the the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County first publication of said notice was contained in the Commissioners,located within the Weld County Administration Building,1150O Street,Greeley,Colorado,between the hours Sixteenth day of September 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 Commissioner may not be included in the case file. To ensure bearing the date of the inclusion of your E-Mail correspondents into the case file,please send a copy toegesick@co.weld.co.us. Sixteenth day of September A.D. 2015 that said ORDINANCE NO. 201'5-1s 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: September 21,2015 thereof contained said notice or advertisement BOARD OF COUNTY COMMISSIONERS p WELD COUNTY,COLORADO 1 above referred to; that said newspaper has been DATED: September 11,2015 admitted to the United States mails as second-class The Tribune matter under the provisions of the Act of March 3, September 1.8 20' 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 Charges: $8.06 16th day of September 2015 My Commission Expires 6/14/17 ,,Z1X4#1 Notary Public ROBERT LITTLE NOTARY PUBLIC • ST,4TE 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 2015-13 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. 2015-13 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 2015-13 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 c.2-0/,5-- 02 7 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 I in its entirety. ARTICLE I Platteville Plan Sec.19-1-10. 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 Platteville, a Colorado municipal corporation, whose address is 400 Grand Avenue, Platteville, CO 80651, hereinafter called the "MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as "party" and collectively as "the parties." Sec. 19-1-20. 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. 19-1-30. 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. 19-1-40. 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. 19-1-50. 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. 19-1-60. 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. 19-1-70. 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. 19-1-80. 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 a one (1) year prior 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. 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 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. 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: $95.32 ;s✓t (( l r { +I 26th day of August 2015 My Commission Expires 6/14/17 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 2015-13 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,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. 2015-13 • 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 2015-13 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 I in its entirety.ARTICLE I Platteville Plan Sec.19-1-10. 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 O Street,Greeley,CO 80631,hereinafter called the"COUNTY,"and the Town of Platteville,a Colorado municipal corporation,whose address is 400 Grand Avenue,Platteville,CO 80651,hereinafter called the"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter some- times referred to individually as"party"and collectively as'the parties." Sec.19-1-20. 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 en 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 develop- ment and the tree of land within their respective jurisdictions,accomplishing such activities through public processes that respect, protect,and promote private property rights;and D.Titte 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 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.19-1-30. 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.19-1-40. 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 unde"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.19-1-50. 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 trecommendation. If the:NIUNICIPALITY does not respond within such o review the referral and furnish its recommendations to the COUNTY staff prior to formulation of the COUNTY staff recommendation,but any comment or recommendation time, roceed with its from the MUNICIPALITY received on o 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)en the days,or until the COUNTY receives notification from the occurs Csoonner. Ifhat a no such notification isgrece received the COUNTY during said twenty-one TY and the applicant1)days,l not be 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 is 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.19-1-60. Implementation of CPA. Following the mutual execution of this CPA,each party shall promptly enact and implement such amendments to its existing regulations as its may be necessary to give effect to the provisions of Section 3,recognizing that neither party can agree by this CPA to enabling it to perform this CPA. Each ower. Each party's lanl have sole and nd use regulations,as rreferred discretion to herein,arerdinan es whose amendment any new requires ones certain formalities,including notice and public hearings. The mutual covenants in this section and elsewhere to implement 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. P t this CPA Sec.19-1-70. 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.19-1-80. 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 a one(1)year prior 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 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 eta 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. Adopti of on by the COUNTY. The COUNTY shall,upon published notification consider this CPA for adoption and amendment to public hear gOhe diby the MUNICIPALITY wherein Code. In the course it consideradoed thition s CPA for adop the tUNTY ion. shall review the a date of complete record of the CPA shall bets 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 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. BE IT B rd that Publishing to FURTHER supplement tthe by the County Code the the amendme t coard oma ned her and ein,to to coincidewith arrange articles,divisions, sions, 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, g any reason held or decided to be unconstitutional,suoh decision shall not affect he validity of the remaining or n portions of this hereof.re The is for 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 2015-13 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. 2015-13 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 . ` (A--?"e'L ./t 'V id(V(7/X-.4 070/5- Z3o7 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 circulation and printed and published in the City of NOTICE OF Greeley, in said county and state; that the notice or FIRST READING OF ORDINANCE advertisement, of which the annexed is a true copy, Pursuam to the Weld County Home Rule Charter-ordinanne has been published in said daily newspaper for Number 2015-13 pubbshnd below,was introduced and on mo- tion OrNy made and seconded.approved upon first reading::on consecutive(days): that the notice was published in July 27,2015.A public heanng and second reading is sched- uled to be held In the Chambers of the Board.located wthinthe the regular and entire issue of every number of said Weld Coun,y Admnrsirahgn Building.1150©Street,Greeley. Colorace 80631.„August'7.2015.All persons,n any manner newspaper during the period and time of into rigid m thereading 01 said Ordinance aro requested to al- publication of said notice and in the newspaper to o and may be heard_ Please contact the Clerk to the Boatel phone,9.70,336-7215 E rins,on 4225 or tax{971); proper and not in a supplement thereof that the 336-7233 prior to II e day of,he hearing if as the result of a dis- at,ity.you require reasonable accornmedatrons order °;par- first publication of said notice was contained in the kr{a,e rn this hcadng.,Any backup matenat,exhi s or torma- T,n .revro„sly submitted 10 the Hoard of County Cornmiss,arzrs Fifth day of August A.D. 2015 and the last co rcerning this matter may be examined in the office of the C='vrk to me BOa,d of C0u W Con,,,ssioners locat,ii Within the Weld publication thereof: in the issue of said newspaper Co0nty Admrzstration Bu l,Png 11150 O Street,Greeley.Colo- redo,between toe hours cd 8 EC a.rn and 5 0C p m..Monday to- bearing the date of the ru Fnday,or Tr may be accessed Ihocugh the Weld County Web Page ien;w.cc meld cc us, E Nail messages sent to an€ndrvid- Fifth day of August A.D. 2015 that said The oat Commissioner rnas nu'be dacluded the ca r e h sure,ncl0s,ott et your E,Mrrl corresporde ce into �n case 1de. Greeley Tribune has been published continuously pease send a corny to egesicks;co.weld.co on and uninterruptedly during the period of at least six ORDINANCE NO 21115,3 ORDINANCE TITLE, IN THE MATTER OF REPEALING.Ais months next prior to the first issue thereof REENACTING,WITH AMENDMENTS,CHAPTER 19 COORDI HATED PLANNING AGREEMENTS,OF THE WELD COUNTS contained said notice or advertisement above CLUE DATE of NEXT READING August 17,2,115,at 9:CX;a-nit- referred to; that said newspaper has been admitted BOARD OF COUNTY COMMISSIONE Fib to the United States mails as second-class matter AT EC. .!uiy;l',�015 D COUNTY,,2015 DO G under the provisions of the Act of March 3,-1879, AT 7r rr, uor., 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 5,2015 Total Charges: $9.18 5th day of August 2015 My Commission Expires 6/14/17 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 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 O 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 ) 1 353-6100 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 0 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 # : 2015-75 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- 13 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 : June 19 , 2015 PUBLISHED : June 24 , 2015 , in the Greeley Tribune 2015-2307 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, NOTICE that the same is al daily newspaper of genera! Pursuant to the zoning laws of Weld Courr , Code a �, ethe t £e o Colorado and the circulation and printed and published in the City of Csour Planning Gomm ton and thing e Boaer Co my the Greeley, in said county and state; that the notice or sioners in the Hearing Hoorn, Weld County Building, 11 � O Street, County Commis- sioners below A Greeley. tY Administration advertisement, of which the annexed is a true copy. Second and Third reading s at the times speci- fied complete on August 17 2015 andSeptember iidOrdinance will has been published in said daily newspaper for The complete case file may be examined b rnent of !tanning 5' ange- meets with the Services at (970) 353-6100 calling ke aDep - consecutive (days) : that the notice was published in ward of Countycase planner. or at the office of the Clem to the the regular and entire issue of every number of said_boa 'Commissioners, Weld Count y Administration sent to an individual Commissioner 8O631 E-Mail me$. newspaper during the period and time of rages case fide. To ensure inclusion of Mail corres . into the case file prior to the P ma�` not be included "' publication of said notice, and in the newspaper please call the Department of leyPlanning Commission hearing, -Mail appropriate contact information. For inclusion cof to obtain then- he proper and not ini a supplement thereof; that the dick e @co wr to the Board of Commissioners hearing E-matt first ege- publication of said notice was contained in the sick �co weld.co.us. Y correspon. If a court reporter is desired for either hearing.Department of Planning 9 please advise Twenty-fourth_day of June A . D . 20 15 and the last lice. inDepartment Services or the Clerk to the the — en a in writing, at least ire days prior to the Board's Of- publication thereof: in the issue of said news a er g 9 9 a court reporter shall be borne by the a egguestn cost of P p In accordance with the Americans with Disabilities Art if' bearing the date of the accommodations are required in order for this hearing, please contact the you to sl es at (970) 353 slop a Department of P n Se inial Twent��-fourth day of June A. D. 20 I that said bee at (970) 336-7215E Ext. 42 6� ®Clerk to the Senric- f is cases scheduled of the a Of- The Greeley Tribune has been published Coun before the Planning Y the hearing. . Commissioners are subject to continuance, oto ,a continuously and uninterruptedly during the period quorum or otherwise. or Board of vices or the Clerk to the Board%ontact Officee at the numbers Plannin of hearing continuance information. � sir` of at least six months next prior to the first Issue DOCKET oa 2015-7g above. for PLANNING COMMISSION DATE: July 7, 2 thereof Contained said notice or advertisement TIME ! p'r" 0 ' S above referred to ; that said newspaper has been BOARD OF COMMISSIONERS DATE: July 27, 2015 TIME 9,O© a.m. admitted to the United States mails as second-class CASE S NTEBER: TOM ORDINANCE 2015- 13 matter under the rovisions of the Act of March 3 PRESENTED BY TOM PARKA P REQUEST IN THE MATTER OF REPEALING REE - ggACTING, WITH AMENDMENTS CHAPTER 19 AND REINA 1879, or any amendments thereof; and that said 0Pfr4tNNsNG AGREEMEPVTS OF THEWEI,C� COUNTYhews a er is a doll news a er dui ualiied for PLANpP y Pp ya PLANNING COMMISSION WELD COUNTY COLORADO publishing legal notices and advertisements within DATED, June � 9. 2015 the meaning of the laws of the State of Colorado . The Tribune .June 24. 2015 June 24, 2015 Total Charges : S 1 1 . 81 KOLA Cu< • aff 24th day of June 2015 My Commission Expires 2/ 14119 Notary Public JERILYN L. MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID EXPRES FE Wt4 2015 "%e Hello