HomeMy WebLinkAbout20142565.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: ORDINANCE 2014-10
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE.
be recommended favorably to the Board of County Commissioners.
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
•
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 5, 2014.
Dated the 5'h of August, 2014.
Digitally signed by Kristine
tkint `/ an stu ru Ranslem
Date:2014.08.1 1 09:44:06-06'00'
Kristine Ranslem
Secretary
2014-2565
ARTICLE V
Keenesburg Plan
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Sec. 19-'f -10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the day of , 2014,
A. D. between the Board of County Commissioners of the County of Weld, State of Colorado, whose address is
9-15 1-Oth Street 1150 O Street P.O. Box 758, Greeley, CO 80632, hereinafter called the "COUNTY," and the
Town of Keenesburg, Colorado Municipal corporation , whose address is 140 South Main Street. P. O. BOX
312. Keenesburg, CO , 80643 hereinafter called the "MUNICIPALITY."
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Sec. 19-12:20. Recitals.
A. H . COUNTY exercises exclusive governmental authority regulating land use, growth and
development within the ! r h unincorporated areas of Weld County. Colorado. which areas include lands
surrounding MUNICIPALITY; and
B . i MUNICIPALITY exercises exclusive governmental authority with respect to land use, growth. and
development over the same matters within its municipal boundaries and regarding its-and annexations, and
has demonstrated the capability of providing a ovide-municipal services and facilities (including
water and sewer services based on the municipality's code) within the THREE (3) MILE AREA, as defined
herein; and for efficient-and--desi,rabie urban development; and
C. In-Title 29, Article 20. of the Colorado Revised Statutes, C.R.S. , the General Assembly of the State of
Colorado-has--grants broad authority to local governments to plan for and regulate the 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. fn-said Title 29. Article 20. of the Colorado Revised Statutes, C. R.S. . the General-Assembly has
further 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. Existing and anticipated Pressures for growth and development in MUNICIPALITY and County
indicate that the joint and coordinated exercise by the COUNTY and the MUNICIPALITY of their respective
planning, zoning, subdivision , building and related regulatory powers in such areas will best promote the
objectives stated in this CPA. Agreement.
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.
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Sec. 19)121/4-30. Purposes and objectives.
The purpose of this CPA Agreement 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 thereof by-reducing-the waste-of physica4, -financ+al and-hurnan resources-which-result-from either
excessive-congestion or excessive scattering-of population-, and to achieve maximum efficiency and economy
in the process of development. However, any action taken pursuant to this CPA Agreement that pertains to
any land within MUNICIPALITY the municipality, for incorporated areas, and within the COUNTY County, for
unincorporated areas, is subject to exclusive final approval by the governing body of MUNICIPALITY the
municipality or county-COUNTY, respectively.
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Sec. 19)12-40. 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 Urban Growth 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 Chapter 23 of 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.
Non-Urban Development. Land uses which typically do not require services such as central water and sewer
systems, road networks, park and recreation services,- storm drainage and the like, and which are generally
considered to be rural in -nature, expres.,ly-including land used or capable of being used for agricultural
production and including developments which combine clustered residential uses and agricultural uses in a
manner that the agricultural lands are suitable for farming and ranching operations for the next forty (40) years.
MUNICIPAL Referral Area The area located outside of but within three (3) miles of the MUNICIPALITY's
municipal boundaries.
Urban Development. Development which is characterized-by-development density typical to urbanized areas
and requires support services such as central water and sewer systems, road networks, park and recreation
facilities and programs, storm drainage anc other simi ar services wiici are typica y furnished by tie
MUNICIPALITY.
Tie Urban Growth Area is hereby estab isied and sha consist of a I lanes so designated on the map at
Apoencix ' 9 _ o` .his Ciaoter, EXCEP— NG 'hose anes ,oca ec wi-iin 'ie MUNICIPALITY's municipal
boundaries.
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Sec. 19-18:50. Planning Coordination .
This CPA Agreement is intended to be a Comprehensive Development Plan adopted and implemented
pursuant zo Section 29-20 105(2), C. R.S. § 29-20-105(2) Following the execution this CPA Agreement by
both parties, applications to COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
Development approvals in the MUNICIPALITY's -Referral Arca wilt be processed and determined in
accordance with the following:
A. Referral . line COUNTY shall will refer all proposals for Development DEVELOPMENT within the
THREE (3) MILE AREA to MUNICIPAL ReferralArea to-- The- MUNICIPALITY for its review and
recommendation. Such referral shall 7. H-include at least a copy of the written Development DEVELOPMENT
proposal and preliminary COUNTY staff summary of the case. The COUNTY will shall allow not less than
twenty-one (21 ) days for :H _-MUNICIPALITY to review the referral same and furnish its recommendations to
COUNTY staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not
respond within such time, COUNTY staff may proceed with its recommendation, but any comment or
recommendation from MUNICIPALITY comment or recommendation received on or before the Thursday
immediately n,e preceding the meeting of the Board of County Commissioners or Planning Commission
when the matter H shall be considered wilt-shall be transmitted to the Board or Commission. If the
MUNICIPALITY submits no comment or recommendation,-HE: COUNTY may assume it has no objection to the
proposal . If He MUNICIPALITY submits recommendations, COUNTY ,-v:: shall either include within its
written decision the reasons for any action taken contrary to the same or furnish such reasons to J':E:
MUNICIPALITY by a separate writing.
a Development-outside Urban Growth Area To the extent legally possible, the COUNTY will disapprove
proposals for Urban Development in areas oe -ie VUN C PA _ Re'erra Area ou-sce tie Lrban Grow-i Area.
In reviewing proposals for Non Urban Development in such areas, the COUNTY will apply its Comprehensive
Plan-and zoning and-sbdMs4on-ordhnanccs and, where appropriate, the RUA Plan-:
B C. Development Within the THREE (3) MILE REFERRAL AREA. inklrban-Growth Area. The following
shall---apply to- -proposed -Develoome-n1--in-the-Urban- Growth--Area=—Upon receipt of any proposal for
DEVELOPMENT within the THREE (3) MILE REFERRAL AREA of-property then currently eligible for
voluntary annexation to the MUNICIPALITY. COUNTY shall in writing, at the time of a pre-application
with the Department of Planning Services. notify the proponent of the opportunity for annexation . The Director
of Planning Services shall , in writing. notify MUNICIPALITY's mayor and his or her designee of the proposal.
MUNICIPALITY shall have twenty-one (21 ) days following contact by the proponent. which shall be
documented in writing (with a copy of COUNTY), to notify COUNTY in writing that MUNICIPALITY and the
applicant have agreed to the terms of a pre-annexation agreement. COUNTY shall not process any application
until the completion of said twenty-one (21 ) days, or until COUNTY receives notification from the
MUNICIPALITY that a pre-annexation agreement between MUNICIPALITY and the applicant will not be
pursued, whichever occurs sooner. If no such notification is received by COUNTY during said twenty-one (21 )
days, processing of the application shall continue by COUNTY to completion .
notify the-proponent of the opportunity for annexation and notify the MUNICIPALITY of-the
proposal. The COUNTY will not consider such proposal for Development unless the applicant or its
predecessor has submitted a complete annexation petition and been denied said annexation by the
MUNICIPALITY Board or electorate for a substantially similar development on the same property
within the preceding twelve-(12) months. The COUNTY may consider such a proposal if, after a
period of seven (7) months from the date of filing of a complete annexation petition pursued in good
faith by the applicant or its predecessor, the MUNICIPALITY has failed to approve or deny such
annexation.
2. The MUNICIPALITY will require extension of sanitary sewer service to property in the Urban
Growth Area, subject to its rules and regulations, which include provisions requiring a written
contra for extraterritorial service and the construction of new mains and other facilities necessary to
serve the property with costs assessec 'n accordance W . 1 sic VUN C PA _ -Y's r' es and
regulations. The MUNICIPALITY agrees to give notice of any proposed change in said rules and
regulations to the COUNTY twenty-one (21 ) days prior to adoption.
3. If the MUNICIPALITY provides municipal water service to property within its boundaries,
subject to its rules and regulations, it will provide water under provisions similar to those indicated
above for sewer service. Wiere water furnis lee by tie MU V C PAL-ITY is received in whole or in
part from an outside water provider such as a water district under a Water Service Agreement dated
January 18, 1994,--the-MUNICIPALITY shall exercise-its obligations under-this Agreement consistent
with the terms-of-the Water-Service Agreement. The MUNICIPALITY-will negotiate in good-faith-with
the water provider to explore-ways-in which the extension of water -outside MUNICIPALITY
boundaries can be coordinated so as to achieve the purposes--stated in Section 19 12 30 above
wife--still-recognizing--he-Tights and obligations-of-the-water- provider-and-its-constituent
4. In recognition of the availability of public water and sewer service within the Urban Growth
Area as indicated in Paragraphs 2 and 3 above, -the COUNTY will require public water and sewer
service as a condition of approval of any subdivision, rezoning or planned unit development and will
not approve such Development until the applicant obtains a written contract for the same with the
MUNICIPALITY, or water service from the Northern Colorado Water Conservancy District, if the
MUNICIPALITY cannot provide water. This Agreement shall be prima facie evidence of the
availability of municipal water and sewer service within--the meaning-of Section 32 1 203(2.5)(a),
C.R.S.
5. The COUNTY will not grant any waiver of current Municipal street standards for any
Development without the consent of the MUNICIPALITY-and will consider identifiable impacts on the
MUNICIPALITY's road system resulting from such Development on the same basis as in COUNTY
impacts.
6. To the extent legally possible, as determined by the COUNTY, the COUNTY will deny
proposals for-Non-Urban Development in the Urban Growth Area. Nothing in this Subsection shall
restrict the COUNTY from approving, by means of a process such as recorded exemption or
subdivision exemption, the isolated-3ari 'ion or civision o: owners lip parce s ocatec in tie Lrban
Growth-Area Laving existing-residential improvements-served by septic-system-s1 regardless-of-the
size of resulting lots. Nevertheless, the-CO-UN-TY will not-permit such a concentration- of-such
divisions in any-par#icuiar-area- as will frustrate-or-materially-hinder--tie evolution of genuine Urban
Development, as defined in Section-19-1-2-40-of this-Agreement, in---the-Urban Growth Area
Furthermore, the County-shall-riot-be--restricted-from allowing the expansion of legally existing-non-
urban uses, provided that adequate protection for future-urban-uses is-included in any-such approval.
7. If any MUNICIPALITY recommencation of cisapprova of a Deve opmen- proposa is based
upon a conflict or incompatibility between proposed uses in the Development and anticipated
MUNICIPALITY zoning classification for the property, the COUNTY will-not approve the same unless
the applicant demonstrates=-(a) that no-such conflict or-incompatibility will reasonably occur, (b) that
suitable mitigation measures to be-imposed by the COUNTY as conditions of approval will eliminate
or adequately mitigate adverse -consequences of incompatibility or conflict, or (c) that the
MUNICIPALITY's anticipated zoning classification of the property is unreasonable because-of
existing-or planned uses of adjacent property—The MUNICIPALITY shall be given notice of, and-may
appear and be heard at, any hearing or other proceeding at which the-COUNTY will consider such
issues.
8. The parties anticipate that Paragraphs 5 through 7 above will bo addressed in more detail if a
Mutually Acceptable Plan is considered and adopted for the UGA or the Referral Area
9. The COUNTY shall require that all stormwater detention facilities in subdivisions approved
within the UGA shall be designed to detain the stormwater runoff from the fully developed
subdivision-from a one iunc red year storm anc re ease tie detainee water at a quantity anc rate not
to exceed the quantity and rate of a five year storm falling on the undeveloped site.
C L9 . Mutuality of Impact Consideration. The parties recognize that decisions by one ( 1 ) party regarding
development may impact property outside of its ach particular jurisdiction. The parties agree that those
jurisdictional boundaries :,;i ' • shall not be the basis for giving any greater or lesser weight to those impacts
during the course of deliberations.
D El . Referrals to County. The MUNICIPALITY . 'i 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 will include at least a copy of the written Development proposal . The
MUNICIPALITY-will shall allow not less than twenty-one (21 ) days for the COUNTY to review the-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 wall 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 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 statementprovisions of the most current version of the Municipal Annexation Act then in effect. If any
p Y
COUNTY recommendation of disapproval of a Development proposal within five hundred (500) feet of any
property in unincorporated Weld County is based upon a conflict or incompatibility between proposed uses in
the Development and existing or anticipated zoning classification for the property, to the extent legally
possible, the MUNICIPALITY may approve the same if MUNICIPALITY finds witlnotapprove-the-same-unless
the-applicant-demonstrates ( 1 ) that no such conflict or incompatibility will shall reasonably occur, or (2) any
such conflict or incompatibility is deed to be minimal, or (3) that suitable mitigation measures to be imposed
by MUNICIPALITY as conditions of approval °.;t HI shall eliminate or adequately mitigate adverse
consequences of incompatibility or conflict. Tn COUNTY shall be given notice of. and may appear and be
heard at any hearing or other proceeding at which- MUNICIPALITY yirll shall consider such issues.
Sec. 19 k60. Annexation.
A. The MUNICIPALITY will give-serious consideration to all petitions-for annexation of lands within the
Urban Growth Area and will consider, in any -determination-to annex-such properties, without limitation,the
following factors: (1 ) the extension of one (1 for more municipal-services to the area -would place an
unreasonable economic-burden on the existing users of such-services or upon the future residents-or-owners
of property-in the area itself; (2) the-area is not reasonably contiguous in fact to the MUNICIPALITY's existing
boundaries and-its annexation would result in disconnected municipal satellites.
B. The MUNICIPALITY will-not annex properties located outside the Urban Growth Area unless such
property-is-both-eligible for annexation and is necessary to the-MUNICIPAL TY for municipal purposes such as
util�t�es-
C. To-the-extent-legally possible;the-MUNICIPALITY will-annex the full width-o€-each COUNTY road
right of way contiguous to-newly-annexed properly-unless such road serves primarily COUNTY properties
rather than-existing or newly annexed Municipal properties, in-which case the MUNICIPALITY will annex none
of such COUNTY road right-of way.-
D.-Notwithstanding--any provision hereof to the contrary, the MUNICIPALITY is-not-obligated to annex any
property--within a Development approved--by--the County after the execution of this Agreement by both parties
which does not conform-to the County Urban Growth--Standards, unless a waiver or modification of such
standards was granted by the COUNTY-and-approved by the MUNICIPALITY.
E. Nothing in this Section shall be construed to limit the MUNICIPALITY from annexing any land within
the Urban Growth Area, regardless-whether such annexations are involuntary or result in disconnected
municipal satellites.
R- In- determining off site improvements to be constructed by proponents of in MUNICIPALITY
Development, the MUNICIPALITY will consider identifiable impacts on the -COUNTY road system resulting
from such-Development on the same basis as in-MUNICIPALITY impact
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Sec. 19't2,-7 60. Implementation of CPA Agreement.
Following the mutual execution of this CPA Agreement, 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
19-12-50 S 9o\c'e. Each party shall have sole and exclusive discretion to determine such measures and any
new ones enabling it to perform this CPA Agreement. 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 Agreement promptly are given and
received with mutual recognition and understanding of the legislative processes involved, and such covenants
: :-1 !, shall be liberally construed in light thereof.
Sec. 19-12-70. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS.
MUNICIPALITY and COUNTY shall , within one ( 1 ) year of the effective date of this CPA, attempt to agree to
establish common development standards within designated areas, which may include areas within
MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA. Common development standards
should include, but not be limited to. roadways (types, widths, horizontal design, access and spacing) and
drainage (on-site. off-site. discharge. easements, and regional facilities) .
Sec. 19 80. Miscellaneous provisions.
A. Severability. Should any one ( 1 ) or more sections or paragraphs of this Agreement CPA be judicially
determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining
provisions of this CPA Agreement, 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 Agreement
CPA should continue as modified, or if the CPA Agreement should be terminated.
B. Enforcement. Either party may seek specific performance or enforcement of this Agreement in a
Court of competent :urisciction, but neitner party sia I lave any c aim or remecy for damages arising from an
alleged breach hereof against the other, nor shall this Agreement confer on either part standing to contest a
land use decision or action of the other-except as a breach of this Agreement. This Agreement is not intended
to mocify tie stancing tie parties may possess incepencent of his Agreement. Tiis Agreement is between
the MUNICIPALITY and the COUNTY anc no hire party rig its or beneficiaries exist or are createc iereby.
B G. Termination. This CPA Agreement will shall continue in effect for a period of one year from the date
first written above, until June 30, 2004. and shall be renewed automatically thereafter for successive one-year
periods. Notwithstanding the foregoing, however. either party may terminate this CPA-Agreement by giving at
least twelve (12) months' written notice thereof to the other party.
C-ED . Amendment. Upon the request of either party. this CPA Agreement shall be subject to amendment
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 19-12-80.D and 19-12-80.E of this CPA)
provided, however, that changes in-the Urban Growth-Area defined in Section 19 12 40-herein may-occur-by
resolution of the MUNICIPALITY-concurred in by the COUNTY when the change is a deletion to the UGA or
an addition of property which:- (1 ) was in common ownership and contained within a common legal description
with property previously included in the UGA; or (2) directly adjacent to and contiguous with property
previously contained-within the UGA and capable of being served by-MUNIC4PALservices, including water-or
sewedwithin a reasonable period of time,
D. Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s) consider this CPA for
adoption upon published notification. MUNICIPALITY shall provide a complete record of such public
hearing(s) to COUNTY for review prior to the start of COUNTY's adoption process detailed in Section 19-12-
80. E. below.
E. Adoption by COUNTY. COUNTY shall. upon published notification consider this CPA for adoption
and amendment to Chapter 19 of the Weld County Code. In the course of such adoption process. COUNTY
shall review the complete record of the public hearing(s) held by MUNICIPALITY wherein it considered this
CPA for adoption. The effective date of this CPA shall be its effective date of amendment to the Weld County
Code.
ARTICLE XII
Fort Lupton Plan
Sec. 19-12-10. Introduction .
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the day of ,
2014, A. D. between the Board of County Commissioners of the County of Weld, State of Colorado, whose
address is 915 10th Street, 1150 O Street, P.O. Box 758. Greeley, CO 80632, hereinafter called the
"COUNTY." and the CITY OF FORT LUPTON. a Colorado Municipal corporation, whose address is 130 S.
McKinley, P O. Box 148, Fort Lupton , CO 80621 . hereinafter called the "MUNICIPALITY."
Sec. 19-12-20. Recitals.
A. COUNTY exercises exclusive 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 exclusive governmental authority with respect to land use, growth ,
and development over the same-matters within its municipal boundaries and regarding its
annexations. and has demonstrated the capability of providing is able to provide municipal services and
facilities (including water and sewer services based on the municipality's code) within the THREE (3) MILE
AREA, as defined herein: and for efficient and desirable urban development, -and
C. In-Title 29, Article 20, of the Colorado Revised Statutes, C.R.S. , the General Assembly of the
State-of-Colorado-has granted broad authority to local governments to plan for and regulate the
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. In-said Title 29. Article 20. of the Colorado Revised Statutes, G. R.-S. . the General-Assemble-has
further authorized and encouraged 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. Existing and anticipated pPressures for growth and development in areas surrounding the
MUNICIPALITY and County indicate that the joint and coordinated exercise by the COUNTY and the
MUNICIPALITY of their respective planning, zoning, subdivision, building and related regulatory powers in
such areas will best promote the objectives stated in this CPA Agreement.
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. 19-12-30. Purposes and objectives.
The purpose of this CPA Agreement 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 thereof by reducing the waste of physical, financial and human
resources-which -r-esolt-from either-excessive congestion-or-excessive-scattering--of popes-lation and to
achieve maximum efficiency and economy in the process of development. However, any action taken
pursuant to this CPA Agreement that pertains to any land within MUNICIPALITY the--rnanieipatfty, for
incorporated areas. and within the COUNTY County, for unincorporated areas, is subject to exclusive final
approval by the governing body of MUNICIPALITY the municipality or COUNTY county, respectively.
Sec. 19-12-40. Definitions.
For the purposes of this CPA Agreement, 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 Urban--Growth 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 Chapter 23 of
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 defined by Colorado revised Statutes. C . R. S 31 -12-105. 1 . E
Non Urban Development. Land uses which-typ-icatl-y-do---not-r- quire services such as central water and
sewer systems, road networks, park and recreation services, storm drainage and the like, and which are
generally considered to be rural in nature, expressly including land used or capable of being used for
agricultural production and including developments which combine clustered residential uses and
agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations
for the next forty (10) years-
MUNICIPAL Referral Area. The area located outside-of but within three (3) miles of the MUNICIPALITY's
municipal boundaries-
Urban Development. Development wiic-i is cnaracterizee by deve opment censity typica to urbanized
areas and requires support services such as central water and sewer systems, road networks, park and
recreation faci ities anc programs, storm crainage anc otter simi ar services which are typically furnished
by the MUNICIPALITY.
The Urban Growth Area is hereby estab ished anc nail consist of al ands so designated on the map at
Appendix 19 L of this Chapter, EXCEPTING those lands located within the MUNICIPALITY's municipal
boundaries.
Sec. 19-12-50. Planning Coordination.
This CPA Agreement-is intended to be a Comprehensive Development Plan adopted and implemented
pursuant to-Section 29 20 105(2), C. R. S. § 29-20-105(2). Following the execution this CPA Agreement
by both parties. applications to COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
Development-approvals in the MUNICIPALITY's-Referr-al-Area wilt-be processed and determined in
accordance with the following:
A. Referral. The COUNTY shall will refer all proposals for Development DEVELOPMENT within the
THREE (3) MILE AREA to MUNICIPAL Referral-Area to the MUNICIPALITY for its review and
recommendation. Such referral shall will-include at least a copy of the written Development
DEVELOPMENT proposal and preliminary COUNTY staff summary of the case. The COUNTY will- shall
allow not less than twenty-one (21 ) days for the-MUNICIPALITY to review the referral same and furnish its
recommendations to COUNTY staff prior to formulation of the COUNTY staff recommendation. If the
MUNICIPALITY does not respond within such time. COUNTY staff may proceed with its recommendation.
but any comment or recommendation from MUNICIPALITY comment-or-r000rnmendation received on or
before the Thursday immediately next preceding the meeting of the Board of County Commissioners or
Planning Commission at which when the matter shall be considered will shall be transmitted to the
Board or Commission. If the MUNICIPALITY submits no comment or recommendation,-He COUNTY may
assume it has no objection to the proposal. If 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 H --MUNICIPALITY by a separate writing.
D: Development-outside-Urban--Growth-Area. To--the extent- leg-ally possible1-the COUNTY will
disapprove proposals for Urban Development in areas of-the MUNICIPAL-Referral Area outside-the Urban
Growth Area. In--reviewing--proposals for Non-Urban--Development in such areas, the COUNTY-wilt-apply
its Comprehensive Plan and zoning and subdivision ordinances and, where appropriate, the R-UA Plan.
B C. Development Within the THREE (3) MILE REFERRAL AREA. in Urban Growth Area. The
following-shall -apply to-proposed Development-in-the -Urban Growth-Area: Upon receipt of any proposal
for DEVELOPMENT within the THREE (3) MILE REFERRAL AREA of-property then currently eligible for
voluntary annexation to the MUNICIPALITY, the-COUNTY shall will, in writing, at the time of a pre-
application with the Department of Planning Services, notify the proponent of the opportunity for
annexation. The Director of Planning Services shall, in writing , notify MUNICIPALITY's mayor and his or
her designee of the proposal . MUNICIPALITY shall have twenty-one (21 ) days following contact by the
1
proponent, which shall be documented in writing (with a copy of COUNTY), to notify COUNTY in writing
that MUNICIPALITY and the applicant have agreed to the terms of a pre-annexation agreement. COUNTY
shall not process any application until the completion of said twenty-one (21 ) days, or until COUNTY
receives notification from the MUNICIPALITY that a pre-annexation agreement between MUNICIPALITY
and the applicant will not be pursued, whichever occurs sooner. If no such notification is received by
COUNTY during said twenty-one (21 ) days, processing of the application shall continue by COUNTY to
completion.
notify the proponent of -t-
proposal. The COUNTY will not considerch--proposal for Development unless the applicant or its
predecessor has submitted a complete annexation petition and been denied said annexation by the
MUNICIPALITY Board or electorate-o substantially similar development on the same property
within the preceding tw proposal if, after a
faith by the applicant or its predecessor, the-MUNICIPALITY has failed to approve or deny such
annexation.
2. The MUNICIPALITY will require extension of sanitary sewer-service to property in the Urban
Growth Area, subject to its rules and regulations, which include provisions requiring a written
contract for extraterritorial service and the construction ofnew mains-and other facilities necessary to
serve the property with costs assessed in accordance with the MUNICIPALITY's rules and
regulations. The MUNICIPALITY agrees to give notice of any proposed change in said rules and
3. If the MUNICIPALITY provides municipal water service to property within its boundaries,
subject-to-its-rules and regulations, it-will provide water-under-provisions similar to those indicated
above for sewer service. Where water furnished by the MUNICIPALITY is received in whole or-in
part from an outside-water provider such as-a- water district under a Water Service Agreement dated
January 18, 1994, the MUNICIPALITY shall-exercise its obligations-under this Agreement consistent
with the terms of the Water Service Agreement. The-MUNICIPALITY will-negotiate in good faith with
the water provider to explore ways in which the extension of water outside MUNICIPALITY
boundaries can be coordinated so as to achieve the purposes stated in Section-19 12 30 above
while still recognizing-the rights and obligations of the water provider and its-constituents:
hin the Urban Growth
Area as indicated in Paragraphs 2 and 3 above, the COUNTY will require public water and sewer
service as a condition of approval of any subdivision, rezoning or planned unit development and will
not approve such Development until the applicant obtains a written contract for the same with the
MUNICIPALITY, or water service from the Northern ColoradoWater Conservancy District, if the
MUNICIPALITY cannot -pr •
availability of municipal water and sewer service within the meaning of Section 32 1 203(2.5)(a),
C. R.S.
5. The COUNTY will not grant any waiver of current Municipal street standards for any
Development without the consent of the MUNICIPALITY and will consider identifiable impacts on the
MUNICIPALITY's road system resulting from such Development on the same basis as in-COUNTY-
impacts.
6. To the extent legally--possible, as determined by the COUNTY, the COUNTY will deny
proposals for Non Urban-Development in the Urban Growth-Area. Nothing in this Subsection shall
restrict the COUNTY from approving, by means of a process such as recorded exemption or
subdivision exemption,-the isolated partition or -division-of ownership parcels-located in the Urban
Growth Area having existing residential improvements served by septic-systems, regardless of the
size of resulting lots. Nevertheless, the COUNTY -will--net-pew-such a concentration of such
divisions in any particular-area-as will frustrate-or-materially-hinder the evolution o€-genuine-Urban
Development, as -defined in Section 19 12-40-of this Agreement, in the Urban Growth Are&
Furthermore; the County shall not be restricted from-allowing the-expansion of legally existing non-
urban-uses, provided that-adequate protection-for future-urban-uses is included in any-such approval.
7. If any MUNICIPALITY recommendation of disapproval of a Development proposal is based
upon a conflict or incompatibility between proposed uses in the Development and- anticipated
MUNICIPALITY zoning classification for the property, the COUNTY will not approve the same unless
the applicant demonstrates: (a) that no such conflict or incompatibility will reasonably occur, (b) that
suitable mitigation measures to be imposed by the COUNTY as conditions of approval will eliminate
or adequately mitigate—adverse consequences of incompatibility or conflict, or (c) that the
unreasonable because of
existing or given notice of, and may
appear he COUNTY will consider such
issues-
8. The parties anticipate that Paragraphs 5 through 7 above will be addressed in more detail if a
Mutua ly Acceptable Plan is considered and adopted for the UGA or the -Referral Area.
9. The COUNTY shall require that all stormwater detention facilities in subdivisions approved
within the U
subdivision from a one hundred year storm and release the detained water at-a-quantity and rate not
to exceed the quantity and rate of a five year storm falling on the undeveloped site.
C D . Mutuality of Impact Consideration. The parties recognize that decisions by one ( 1 ) party regarding
development may impact property outside of its each-particular jurisdiction. The parties agree that those
jurisdictional boundaries will shall not be the basis for giving any greater or lesser weight to those impacts
during the course of deliberations.
D E . 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 will include at least a copy of the written Development proposal. The
MUNICIPALITY-wiL shall allow not less than twenty-one (21 ) days for the COUNTY to review -same
and furnish its recommendations to th_e-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 will 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 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 statement provisions of the most current version of the Municipal Annexation
Act then in effect. If any COUNTY recommendation of disapproval of a Development proposal within five
hundred (500) feet of any property in unincorporated Weld County is based upon a conflict or
incompatibility between proposed uses in the Development and existing or anticipated zoning
classification for the property, to -t-he-e-x-tent legally-passible; the MUNICIPALITY may approve the same if
MUNICIPALITY finds will-not approve the same unless the applicant-demonstrates (1 ) that no such conflict
or incompatibility will shall reasonably occur, or (2) any such conflict or incompatibility is deed to be
minimal. or (3) that suitable mitigation measures to be imposed by the MUNICIPALITY as conditions of
approval will shall eliminate or adequately mitigate adverse consequences of incompatibility or conflict.
The-COUNTY shall be given notice of. and may appear and be heard at any hearing or other proceeding
at which-the MUNICIPALITY will-shall consider such issues.
Sec. 19 12 60. Annexation.
A. The MUNICIPALITY will give seriousconsideration to all petitions for annexation of lands within
the Urban Growth Area and will consider, in any determination to annex such properties, without limitation,
the following factors: (1 ) the extension of one (1 ) or more municipal services to the ar a would place an
unreasonable economic burden on the existing users of such services or upon the future residents or
owners of property in the area itself; (2) the area is not reasonably contiguous in fact to the
MUNICIPALITY's existing boundaries, and its annexation would result in disconnected municipal satellites.
8. The MUNICIPALITY will not annex properties located outside the Urban Growth Area unless such
property is both eligible for-annexation and is necessary to-the MUNICIPALITY for municipal purposes
such as utilities.
C. To the extent legally possible, the MUNICIPALITY will annex the full width of ach COUNTY road
right of way contiguous to newly annexed property unless such road serves primarily COUNTY properties
rather than existing-or newly annexed Municipal properties, in which-case the MU-NI.C+RALITY will annex
none of--such COUNTY road right-of way=
D. Notwithstanding any provision hereof to the contrary, the MUNICIPALITY is not obligated to annex
any property-within a Development approved-by-the County after the-execution of this Agreement by both
parties which does not conform to the County y Urban
a Growth Standards, unless a waiver or modification of
such-standards was granted by the COUNTY and approved by the MUNICIPALITY.
E. Nothing in this Section shaft-be-construed to limit-the MUNICIPALITY from annexing any land
within the Urban Growth Area, regardless whether such annexations are involuntary or result in
disconnected municipal satellites.
F. In determining off site improvements to be constructed by proponents of in MUNICIPALITY
Development, the MUNICIPAL Y-will consider identifiable impacts on the COUNTY road system resulting
from such Development on the came bads as in MUNICIPALITY impacts.
Sec. 19-12-7 60. Implementation of CPA Agreement.
Following the mutual execution of this CPA Agreement, each party will shall promptly enact and implement
such amendments to its existing regulations as may be necessary to give effect to the provisions of
Section 19-12-50 above. Each party shall have sole and exclusive discretion to determine such measures
and any new ones enabling it to perform this CPA Agreement. 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 Agreement
promptly are given and received with mutual recognition and understanding of the legislative processes
involved, and such covenants wLL shall be liberally construed in light thereof.
Sec. 19-12-70. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS.
MUNICIPALITY and COUNTY shall. within one (1 ) year of the effective date of this CPA. attempt to agree
to establish common development standards within designated areas. which may include areas within
MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA. Common development standards
should include, but not be limited to, roadways (types. widths, horizontal design, access and spacing) and
drainage (on-site, off-site, discharge, easements. and regional facilities).
Sec. 19-12-80. Miscellaneous provisions.
A. Severability. Should any one ( 1 ) or more sections or paragraphs of this Agreement CPA be
judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining provisions of this CPA Agreement, 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 Agreement CPA should continue as modified, or if the CPA Agreement should be terminated .
B. Enforcement. Either party may seek specific performance or enforcement of this Agreement in a
Court of competent jurisdiction, but neither party shall have any claim or remedy for damages arising from
an-alleged breach hereof against the other, nor shall this Agreement confer on either part standing to
contest a land use decision or action of the other except as a breach-of this Agreement. This Agreement
is not intended to modify the standing the parties may possess independent of this Agreement. This
Agreement is between the MUNICIPALITY and the COUNTY and no third party rights or beneficiaries
exist or are created hereby-
B C . Termination. This CPA Agreement will shall continue in effect for a period of one year from the
date first written above, until June 30, 2001 , and shall be renewed automatically thereafter for successive
one-year periods. Notwithstanding the foregoing, however, either party may terminate this CPA
Agreement by giving at least twelve ( 12) months' written notice thereof to the other party.
C-D. Amendment. Upon the request of either party, this CPA Agreement shall be subject to
amendment 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 19-12-80. D and
19-12-80.E of this CPA): provided, however, that changes in the Urban Growth Area defined in Section
19 12 40 herein may occur-by-resolution of the MUNICIPALITY concurred in by the COUNTY when the
change is a celetion to tie UGA or an addition of property whist: (1 ) was in common ownership anc
contained within a common legal description with property previously included in the UGA; or (2) directly
adjacent to and contiguous with property-previously contained -within the UGA and capable of-being
served by MUNICIPAL services, including water or sewer, within a reasonable period of time..
D. Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s) consider this CPA for
adoption upon published notification. MUNICIPALITY shall provide a complete record of such public
hearing(s) to COUNTY for review prior to the start of COUNTY's adoption process detailed in Section 19-
12-80. E, below.
E. Adoption by COUNTY. COUNTY shall, upon published notification consider this CPA for adoption
and amendment to Chapter 19 of the Weld County Code. In the course of such adoption process,
COUNTY shall review the complete record of the public hearing(s) held by MUNICIPALITY wherein it
considered this CPA for adoption. The effective date of this CPA shall be its effective date of amendment
to the Weld County Code.
contamination as it is all contained via pipelines. There will be more traffic during construction but it will
be an unmanned facility. He cannot speak to the drilling operations as that is not on their immediate
radar of when that will take place. However that does not mean that they will take concerns and deal with
that. He hopes to convey to the community that they are willing to listen and hope that they will use the
hotline to express their concerns.
Commissioner Wailes said that we often hear about odor from compression plants and added that he
understands that you should not be able to smell natural gas at this stage of production.
Jack Murray, 1099 18th Street, Suite 1800, Denver, stated that during this part of the process there is no
venting and it is a closed system. He added that after market there is an odor given to natural gas so that
the public can detect any leaks. Commissioner Sparrow noted that the employees working on these sites
don't wear masks so it appears to him that there are no poisonous gases.
Motion: Amend Development Standard 16 to add "The applicant shall operate in accordance with the
approved noise abatement plan at all times" to the end, Moved by Nick Berryman. Seconded by
Benjamin Hansford. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR14-0019 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Sparrow, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
Commissioner Sparrow expressed to the audience that this was not an easy decision. He understands
how this affects your lives and hopes that the company will work with you.
Commissioner Maxey echoed Mr. Sparrow's comments. He added that Anadarko has been good to work
with and mitigate these issues.
CASE NUMBER: ORDINANCE 2014-10
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE.
Bruce Sparrow noted that he is Chair of the Keenesburg Planning Commission and feels that he can be
impartial; however if anyone feels that he should recuse himself he will. Brad Yatabe, County Attorney,
recommended that he should recuse himself.
Michelle Martin, Planning Services, presented the proposed code changes for Chapter 19. Weld County
and the City of Ft. Lupton and the Town of Keenesburg have been working on these new Coordinated
Planning Agreements which are identical to each other. The changes include that at the time of pre-
application that the county will notify the municipality for potential annexation and that the municipality will
have 21 days to follow up with pre-annexation agreement. Additionally, the 3 mile referral area for the
municipality would be set from the municipal limits and not from the current set boundary.
Todd Hodges, Todd Hodges Design, 2412 Denby Court, Ft. Collins, Colorado, stated that he hopes that
this agreement will be a template for other municipalities to follow.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2014-10 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin
Hansford.
war
OrD&N-Io
Vote: Motion carried by unanimous roll call vote(summary: Yes =6).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman.
Excused: Bruce Sparrow.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Jemiola requested that a group tour be scheduled to a compressor station facility and
injection well site.
Meeting adjourned at 5:48 pm.
Respectfully submitted,
Digitally signed by Kristine
6i66nli /1ti Ranslem
Date:2014.08.11 09:29:59-06'00'
Kristine Ranslem
Secretary
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 19, Keenesburg Coordinated Planning
Agreements
DIVISION OR ARTICLE TO BE MODIFIED: Article V
SECTION(S) PROPOSED TO BE MODIFIED: Sections 19-5-10 through 19-5-80
RATIONALE FOR MODIFICATION:
The proposed changes reflect the proposed coordinated planning agreement between the Town of
Keenesburg and the Board of County Commissioners.
PROPOSED MODIFICATION(S):
S
Sec. 19 x,; 10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
day of , 2014, A.D. between the Board of County Commissioners of the County of Weld, State
of Colorado, whose address is 915 10th Street, P.O. Box 75g, Greeley, CO 80632 1150 O Street,
Greeley CO 80631 , hereinafter called the "COUNTY," and the Town of Keenesburg, a-Colorado
Municipal corporation, whose address is 140 South Main Street, P.O. BOX 312, Keenesburg,
CO, 80643 hereinafter called the "MUNICIPALITY."
5
Sec. 19-1424-20. Recitals.
A. The COUNTY exercises exclusive governmental authority regulating land use, growth
and development within the in its unincorporated areas of Weld County, Colorado, which areas
include lands surrounding the-MUNICIPALITY; and
B. The MUNICIPALITY exercises exclusive governmental authority with respect to land
use, growth, and development over the same matters within its municipal boundaries and
regarding its, and annexations, and has demonstrated the capability of providing is able to
provide municipal services and facilities (including water and sewer services based on the
municipality's code) within the THREE (3) MILE AREA, as defined herein; and for efficient
and desirable urban development; and
C. In Title 29, Article 20, of the Colorado Revised Statutes, C.R.S., the General Assembly
of the State of Colorado has grants broad authority to local governments to plan for and regulate
the 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. In said Title 29, Article 20, of the Colorado Revised Statutes, C.R.S., the General
Assembly has further 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. Existing and anticipated Pressures for growth and development in areas surrounding the
MUNICIPALITY and County indicate that the joint and coordinated exercise by the COUNTY
and the MUNICIPALITY of their respective planning, zoning, subdivision, building and related
regulatory powers in such areas will best promote the objectives stated in this CPA. Agreement.
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- 12-30. Purposes and objectives.
The purpose of this CPA Agreement 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 thereof by reducing
• , and to achieve maximum efficiency and
economy in the process of development. However, any action taken pursuant to this CPA
Agreement that pertains to any land within MUNICIPALITY the municipality, for incorporated
areas, and within the COUNTY County, for unincorporated areas, is subject to exclusive final
approval by the governing body of MUNICIPALITY the municipality or county COUNTY,
respectively.
Sec. 19--�'�Z--40. Definitions.
For the purposes of this CPA Agreement, 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 Urban Growth 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 Chapter 23 of 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.
MUNICIPAL Refcrral Arca. The area located outside of but within three (3) miles of the
9
�<.l�;nl� nry t<m;i.nll<s �i»-nic.l,orl 1�< t�� AifT T?�TT�''TD A T TTV
dilly furnished V'' Lhe M —�
S
Sec. 19- h2-50. Planning Coordination.
This CPA Agreement is intended to be a Comprehensive Development Plan adopted and
implemented pursuant , C.R.S. § 29-20- 105(2). Following the
execution this CPA Agreement by both parties, applications to COUNTY for DEVELOPMENT
within the THREE (3) MILE AREA shall be De „t .nl� _ T\itT TTY ICIP A T TTV �
Referral Area \\-ill he processed and determined in accordance with the following:
A. Referral. The COUNTY shall will refer all proposals for Development
DEVELOPMENT within the THREE (3) MILE AREA to MUNICIPAL Referral Area to the
MUNICIPALITY for its review and recommendation. Such referral shall will-include at least a
copy of the written Development DEVELOPMENT proposal and preliminary COUNTY staff
summary of the case. The COUNTY will- shall allow not less than twenty-one (21 ) days for the
MUNICIPALITY to review the referral same and furnish its recommendations to COUNTY staff
prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not
respond within such time, COUNTY staff may proceed with its recommendation, but any
comment or recommendation from MUNICIPALITY comment or recommendation received on
or before the Thursday immediately next preceding the meeting of the Board of County
Commissioners or Planning Commission at which when the matter will shall be considered will
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 will 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.
B7
T7Ei�TEi �nmP '1t n„+,. �o T Trl.nr, rr ..yth J�raz T., +L,o o.,+o„+ lo«nll<, r. +c.c.;l�lo �o !''!1T Tl�TTV
and, where appropriate, the RUA Plan.
B G. Development Within the THREE (3) MILE REFERRAL AREA. in Urban Growth Area.
: Upon receipt of
any proposal for DEVELOPMENT within the THREE (3) MILE REFERRAL AREA of
property then currently eligible for voluntary annexation to the MUNICIPALITY, the-COUNTY
shall will, in writing, at the time of a pre-application with the Department of Planning Services,
notify the proponent of the opportunity for annexation. The Director of Planning Services shall,
in writing, notify MUNICIPALITY"s mayor and his or her designee of the proposal.
MUNICIPALITY shall have twenty-one (21 ) days following contact by the proponent, which
shall be documented in writing (with a copy of COUNTY), to notify COUNTY in writing that
MUNICIPALITY and the applicant have agreed to the terms of a pre-annexation agreement.
COUNTY shall not process any application until the completion of said twenty-one (21 ) days, or
until COUNTY receives notification from the MUNICIPALITY that a pre-annexation agreement
between MUNICIPALITY and the applicant will not be pursued, whichever occurs sooner. If no
such notification is received by COUNTY during said twenty-one (21 ) days. processing of the
application shall continue by COUNTY to completion.
approve or deny such annexation.
2. The MUNICIPALITY will require extension of sanitary sewer service to property in the
written contract or extraterritoria_ service anc tie construction of new-mains-anfroaer-faebities
necessary to serve tile property with costs assessed in accordance witi be—MUNICIPALIT-Yls
�' lll� 1'll�ne. nra� rotT»�n+��«n +� +�ao f nT TATTV hzrorat�, �r.o l7 � � Ynre- rar�rar +� near.+ �.«
saAiK a Kies and reg Klations o he ti .
3. If the MUNICIPALITY provides municipal water service to property within its
Service Agreement dated January 18, 1994 , the MUNICIPALITY shall exercise its obligations
t le extension of water outsice MUNICIPALITY bouncaries can be coorcinateei so-as-to-acaieve
7
contract for tie same witi tie MUNICIPALITY, or water service from tie Nort_zern Co oraco
meaning of Section 32 1 203(2.5)(a), C.R.S.
5. The COUNTY will not grant any waiver of current Municipal street standards for any
COUNTY impacts.
6. To the extent legally possible, as determined by the COUNTY, the COUNTY will deny
evolution of genuine Urban Development, as defined in Section 19 12 10 of this Agreement, in
nsn .n ss+n�»�o� �r nr niin� nrs�s•�cn�
u •
7. If any MUNICIPALITY recommendation ofdisapproval of a Development proposal is
anticipated MUNICIPALITY zoning classification for the property, the COUNTY will not
MUNICIPALITY shall or other
proceeding at which the COUNTY will consider such issues.
S. The parties anticipate that Paragraphs 5 through 7 above will be addressed in more detail
u Gel . .
C D. Mutuality of Impact Consideration. The parties recognize that decisions by one ( 1 ) party
regarding development may impact property outside of its each particular jurisdiction. The
parties agree that these jurisdictional boundaries will shall not be the basis for giving any greater
or lesser weight to those impacts during the course of deliberations.
D E. Referrals to County. The MUNICIPALITY will 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 will include at least a copy of the
written Development proposal. The MUNICIPALITY-will shall allow not less than twenty-one
(21 ) days for the COUNTY to review the-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 will 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 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 statement provisions of the
most current version of the Municipal Annexation Act then in effect. If any COUNTY
recommendation of disapproval of a Development proposal within five hundred (500) feet of any
property in unincorporated Weld County is based upon a conflict or incompatibility between
proposed uses in the Development and existing or anticipated zoning classification for the
property, • , MUNICIPALITY may approve the same if
MUNICIPALITY finds will ( 1 ) that no
such conflict or incompatibility will shall reasonably occur, or (2) any such conflict or
incompatibility is deed to be minimal, or (3) that suitable mitigation measures to be imposed by
the-MUNICIPALITY as conditions of approval will shall eliminate or adequately mitigate
adverse consequences of incompatibility or conflict. The COUNTY shall be given notice of, and
may appear and be heard at any hearing or other proceeding at which-fie MUNICIPALITY will
shall consider such issues.
S
Sec. 19 'IV, 60. Annexation.
.
r�»rt�.rn� »+i� .+ion
C.
•
COUNTY and approved by the MUNICIPALITY.
K Nothing iM this Sections .all l e cons rue +R"to ,Cimit heZIT��SfTICGIPALITTZ frLYl7llrannex
MUNICIPALITY impacts.
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Sec. 197 60. Implementation of CPA Agreement.
Following the mutual execution of this CPA Agreement, each party will shall promptly enact and
implement such amendments to its existing regulations as may be necessary to give effect to the
provisions of Section 19-12-50 above. Each party shall have sole and exclusive discretion to
determine such measures and any new ones enabling it to perform this CPA Agreement. 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 Agreement promptly are given and received with mutual
recognition and understanding of the legislative processes involved, and such covenants will
shall be liberally construed in light thereof
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Sec. 19-1S-70. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS.
MUNICIPALITY and COUNTY shall, within one ( 1 ) year of the effective date of this CPA,
attempt to agree to establish common development standards within designated areas, which may
include areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA.
Common development standards should include, but not be limited to, roadways (types, widths,
horizontal design, access and spacing) and drainage (on-site, off-site, discharge, easements, and
regional facilities).
S
Sec. 19-19.:80. Miscellaneous provisions.
A. Severability. Should any one (1 ) or more sections or paragraphs of this Agreement CPA
be judicially determined invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this CPA Agreement, 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 Agreement CPA should continue as modified, or if the
CPA Agreement should be terminated.
B. Enforcement. Either party may seek specific performance or enforcement of this
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B G. Termination. This CPA Agreement will shall continue in effect for a period of one year
from the date first written above, until June 30, 2004 , and shall be renewed automatically
thereafter for successive one-year periods. Notwithstanding the foregoing, however, either party
may terminate this CPA Agreement by giving at least twelve (12) months' written notice thereof
to the other party.
C-P. Amendment. Upon the request of either party, this CPA Agreement shall be subject to
amendment 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 19- 12-80.D and 19- 12-80.E of this CPA); proyi �d, ho�_ ever that Chang �„ the r rrban
t.+av • a .av'�[�TI�T �L , TnTL�L7LtjT
Gro th J\ re define ivy eontio 9 2 ^n here may by reso „tio oft
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MUNICIPALITY concurred in by the COUNTY when the change is a deletion to the UGA or an
.
D. Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s) consider this
CPA for adoption upon published notification. MUNICIPALITY shall provide a complete
record of such public hearing(s) to COUNTY for review prior to the start of COUNTY's
adoption process detailed in Section 19- 12-80. E, below.
E. Adoption by COUNTY. COUNTY shall, upon published notification consider this CPA
for adoption and amendment to Chapter 19 of the Weld County Code. In the course of such
adoption process, COUNTY shall review the complete record of the public hearing(s) held by
MUNICIPALITY wherein it considered this CPA for adoption. The effective date of this CPA
shall be its effective date of amendment to the Weld County Code.
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PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE NI O I)I FEED: Chapter 19, Fort Lupton Coordinated Planning
Agreements
DIVISION OR ARTICLE TO BE MODIFIED: Article XII
SECTION(S) PROPOSED TO BE MODIFIED: Sections 19-12- 10 through 19-12-80
RATIONALE FOR MODIFICATION:
The proposed changes reflect the proposed coordinated planning agreement between the City of
Fort Lupton and the Board of County Commissioners.
PROPOSED MODIFICATION(S):
Sec. 19- 12- 10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
day of , 2014, A.D. between the Board of County Commissioners of the County of Weld, State
of Colorado, whose address is 915 10th Street, P.O. Box 758, Greeley, CO 80632 1150 O Street,
Greeley CO 80631 , hereinafter called the "COUNTY," and the City of Fort Lupton, a-Colorado
Municipal corporation, whose address is 130 S. McKinley, P O. Box 148, Fort Lupton, CO
80621 , hereinafter called the "MUNICIPALITY."
Sec. 19- 12-20. Recitals.
A. The COUNTY exercises exclusive governmental authority regulating land use, growth
and development within the in its unincorporated areas of Weld County, Colorado, which areas
include lands surrounding the-MUNICIPALITY; and
B. The MUNICIPALITY exercises exclusivegovernmental authority with respect to land
p
use, growth, and development over the same matters within its municipal boundaries and
regarding its,and annexations, and has demonstrated the capability of providing is able to
g g P Y
provide municipal services and facilities (including water and sewer services based on the
municipality's code) within the THREE (3) MILE AREA, as defined herein; and for efficient
C. In-Title 29, Article 20, of the Colorado Revised Statutes, C.R.S., the General Assembly
of the State of Colorado has grants broad authority to local governments to plan for and regulate
the 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. In said Title 29, Article 20, of the Colorado Revised Statutes, C.R.S., the General
Assembly has further 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
I E. Existing and anticipated Pressures for growth and development in areas surrounding the
MUNICIPALITY and County indicate that the joint and coordinated exercise by the COUNTY
and the MUNICIPALITY of their respective planning, zoning, subdivision, building and related
regulatory powers in such areas will best promote the objectives stated in this CPA. Agreement.
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- 12-30. Purposes and objectives.
The purpose of this CPA Agreement 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 thereof by reducing
t Ze waste of physical, financia_ and human resources which result from either excessive
congestion or excessive scattering of population, and to achieve maximum efficiency and
economy in the process of development. However, any action taken pursuant to this CPA
Agreement that pertains to any land within MUNICIPALITY the municipality, for incorporated
areas, and within the COUNTY County, for unincorporated areas, is subject to exclusive final
approval by the governing body of MUNICIPALITY the municipality or county-COUNTY,
respectively.
Sec. 19- 12-40. Definitions.
For the purposes of this CPA Agreement, 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 Urban Growth 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 Chapter 23 of 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-
10.5. 1. E.
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xt forty (4 0) years.
MUNICIPALITY's municipal boundaries.
w rich are typica__y furnis red by the MUNICIPALITY.
map at Appendix 19 L of tails C Zapter, EXCEPTING thosc _ands _ocated within t e
MUNICIPALITY's municipal boundaries.
Sec. 19-12-50. Planning Coordination.
This CPA Agreement is intended to be a Comprehensive Development Plan adopted and
implemented pursuant to Section 29 20 105(2), C.R.S. § 29-20-105(2). Following the
execution this CPA Agreement by both parties, applications to COUNTY for DEVELOPMENT
within the THREE (3) MILE AREA shall be ::evelo„ �„* „„o "1 rte a MU ICIP A T TTV1�
Referral Area will be processed and determined in accordance with the following:
A. Referral. The COUNTY shall will refer all proposals for Development
DEVELOPMENT within the THREE (3) MILE AREA to MUNICIPAL Referral Area to the
MUNICIPALITY for its review and recommendation. Such referral shall include at least a
copy of the written Development 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 same and furnish its recommendations to COUNTY staff
prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not
respond within such time, COUNTY staff may proceed with its recommendation, but any
comment or recommendation from MUNICIPALITY comment or recommendation received on
or before the Thursday immediately next preceding the meeting of the Board of County
Commissioners or Planning Commission at which when the matter will shall be considered will
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 will 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.
Developry e t o tside T Trb �rowt Aron. Tn. the e to t lega ly possibl �e !''!1T TT�TTV
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B G. Development Within the THREE (3) MILE REFERRAL AREA. in Urban Growth Area.
The following shall apply to proposed Development in the Urban Growth Area: Upon receipt of
any proposal for DEVELOPMENT within the THREE (3) MILE REFERRAL AREA of
property then currently eligible for voluntary annexation to the MUNICIPALITY, the-COUNTY
shall w , in writing, at the time of a pre-application with the Department of Planning Services,
notify the proponent of the opportunity for annexation. The Director of Planning Services shall,
in writing, notify MUNICIPALITY's mayor and his or her designee of the proposal.
MUNICIPALITY shall have twenty-one (21 ) days following contact by the proponent, which
shall be documented in writing (with a copy of COUNTY), to notify COUNTY in writing that
MUNICIPALITY and the applicant have agreed to the terms of a pre-annexation agreement.
COUNTY shall not process any application until the completion of said twenty-one (21 ) days, or
until COUNTY receives notification from the MUNICIPALITY that a pre-annexation agreement
between MUNICIPALITY and the applicant will not be pursued, whichever occurs sooner. If no
such notification is received by COUNTY during said twenty-one (21 ) days, processing of the
application shall continue by COUNTY to completion.
ropone t the oppo ecation and notify the MUNICIPALITY of the
lve ( 12) months. The COUNTY may consider such a proposal
pursued in good faith by the applicant or its
2. The MUNICIPALITY will require extension of sanitary sewer service to property in the
rules and regulations. The MUNICIPALITY agrees to give notice of any proposed change in
3 . If the MUNICIPALITY provides municipal water service to property within its
those indicated above for sewer service. Where water furnished by the MUNICIPALITY is
Lie extension of water outside MUNICIPALITY ioundarics can be coordinated so as to acraicve
[�� t�o ,ird{pr r�r� r;�or nrr� ;fn ^�r,n4;ttortn
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rae � e wi the M TT T= Y ateservice from the Northern Colorado
Writer Conser,rancy Distr ct ;f t e M T ICIP A T IY •ride water.rl 11-7 Agreement
• • µa.v v , v
meaning of Section 32 1 203(2.5)(a), C.R.S.
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rant any waiver of current Municipal street standards for any
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COUNTY impacts.
6. To the extent legally possible, as determined by the COUNTY, the COUNTY will deny
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proceeding at w Zic_Z be COUNTY wi__ -consider suc_Z issues.
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9. The COUNTY shall require that all stormwater detention facilities in subdivisions
C D. Mutuality of Impact Consideration. The parties recognize that decisions by one (1 ) party
regarding development may impact property outside of its each „articu ar jurisdiction. The
parties agree that these jurisdictional boundaries shall not be the basis for giving any greater
or lesser weight to those impacts during the course of deliberations.
D E. 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 will include at least a copy of the
written Development proposal. The MUNICIPALITY-will shall allow not less than twenty-one
(21 ) days for the COUNTY to review the-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 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 statement provisions of the
most current version of the Municipal Annexation Act then in effect. If any COUNTY
recommendation of disapproval of a Development proposal within five hundred (500) feet of any
property in unincorporated Weld County is based upon a conflict or incompatibility between
proposed uses in the Development and existing or anticipated zoning classification for the
property, t^ the tent legally rossib'D e MUNICIPALITY may approve the same if
MUNICIPALITY finds • ( 1 ) that no
such conflict or incompatibility will shall reasonably occur, or (2) any such conflict or
incompatibility is deed to be minimal, or (3) that suitable mitigation measures to be imposed by
tom-MUNICIPALITY as conditions of approval will shall eliminate or adequately mitigate
adverse consequences of incompatibility or conflict. The COUNTY shall be given notice of, and
may appear and be heard at any hearing or other proceeding at whiche MUNICIPALITY will
shall consider such issues.
Sec. 19 12 60. Annexation.
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ns�rovn4�^rc cc ^..�� ron .�4 irc �.c.�^rcron+a� mis- . .rcn� c.ntv���ton
B. The MUNICIPALITY will not annex properties located outside the Urban Growth Area
municipal purposes such as utilities.
C. To the extent legally possible, the MUNICIPALITY will annex the full width of each
COUNTY and approved by the MUNICIPALITY.
111 i i i
.rvcres+^coMes�+c. 4n �o n^rn4s. i+1-o� �c rs•^r^resrtn ^� ��
a . In deter alnng of ste 1mpro r v111ents o be construc{ed
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MUNICIPALITY impacts.
Sec. 19- 124 60. Implementation of CPA Agreement.
Following the mutual execution of this CPA Agreement, each party val shall promptly enact and
implement such amendments to its existing regulations as may be necessary to give effect to the
provisions of Section 19- 12-50 above. Each party shall have sole and exclusive discretion to
determine such measures and any new ones enabling it to perform this CPA Agreement. 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 Agreement promptly are given and received with mutual
recognition and understanding of the legislative processes involved, and such covenants will
shall be liberally construed in light thereof
Sec. 19- 12-70. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS.
MUNICIPALITY and COUNTY shall, within one ( 1 ) year of the effective date of this CPA,
attempt to agree to establish common development standards within designated areas, which may
include areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA.
Common development standards should include, but not be limited to, roadways (types, widths,
horizontal design, access and spacing) and drainage (on-site, off-site, discharge, easements, and
regional facilities).
Sec. 19- 12-80. Miscellaneous provisions.
A. Severability. Should any one ( 1 ) or more sections or paragraphs of this Agreement CPA
be judicially determined invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this CPA Agreement, 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 Agreement CPA should continue as modified, or if the
CPA Agreement should be terminated.
.
B G. Termination. This CPA Agreement will shall continue in effect for a period of one year
from the date first written above, until June 30, 2004 , and shall be renewed automatically
thereafter for successive one-year periods. Notwithstanding the foregoing, however, either party
may terminate this CPA Agreement by giving at least twelve (12) months' written notice thereof
to the other party.
C-D. Amendment. Upon the request of either party, this CPA Agreement shall be subject to
amendment 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 19- 12-80.D and 19- 12-80.E of this CPA); p o_ided, ho_ever, t � rthe r r,.►.,,,,
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> > .
D. Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s) consider this
CPA for adoption upon published notification. MUNICIPALITY shall provide a complete
record of such public hearing(s) to COUNTY for review prior to the start of COUNTY's
adoption process detailed in Section 19- 12-80.E, below.
E. Adoption by COUNTY. COUNTY shall, upon published notification consider this CPA
for adoption and amendment to Chapter 19 of the Weld County Code. In the course of such
adoption process, COUNTY shall review the complete record of the public hearing(s) held by
MUNICIPALITY wherein it considered this CPA for adoption. The effective date of this CPA
shall be its effective date of amendment to the Weld County Code.
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