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WELD COUNTY
CODE ORDINANCE 2014-10
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 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
Article V
Keenesburg Plan
Amend Sec. 19-5-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of
the 29th day of September, 2014, A.D., between the Board of County Commissioners of the
County of Weld, State of Colorado, whose address is 1150 O Street, P.O. Box 758, Greeley, CO
80632, 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."
Amend Sec. 19-5-20. 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 MUNICIPALITY; and
B. MUNICIPALITY exercises exclusive governmental authority with respect to land use,
growth, and development within its municipal boundaries, and regarding its annexations,
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and has demonstrated the capability of providing municipal services and facilities
(including water and sewer services based on the municipality's code) with in 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 use of land within their respective
jurisdictions, accomplishing such activities through public processes that respect, protect,
and promote private rights; and
D. Title 29, Article 20, of the Colorado Revised Statutes 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. Pressures for growth and development in MUNICIPALITY and COUNTY indicate that the
joint and coordinated exercise by COUNTY and MUNICIPALITY of their respective
planning, zoning, subdivision, building and related regulatory powers in such areas will
best promote the objectives stated in this CPA.
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.
Amend Sec. 19-5-30. 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 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, and to achieve maximum
efficiency and economy in the process of development. However, any action taken pursuant to
this CPA that pertains to any land within MUNICIPALITY, for incorporated areas, and within
COUNTY, for unincorporated areas, is subject to exclusive final approval by the governing body
of MUNICIPALITY or COUNTY, respectively.
Amend Sec. 19-5-40. 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 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 nonconforming 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.
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Amend Sec. 19-5-50. Planning coordination.
This CPA is intended to be a Comprehensive Development Plan adopted and
implemented pursuant to C.R.S. 29-20-105(2). Following the execution of this CPA by both
parties, applications to COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
processed and determined in accordance with the following:
A. Referral. COUNTY shall refer all proposals for DEVELOPMENT within the THREE (3)
MILE AREA to MUNICIPAL for its review and recommendation. Such referral shall include
at least a copy of the written DEVELOPMENT proposal and preliminary COUNTY staff
summary of the case. COUNTY shall allow not less than twenty-one (21) days for
MUNICIPALITY to review the referral and furnish its recommendations to COUNTY staff
prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does not
respond within such time, COUNTY staff may proceed with its recommendation, but any
comment or recommendation from MUNICIPALITY received on or before the Thursday
immediately preceding the meeting of the Board of County Commissioners or Planning
Commission when the matter shall be considered shall be transmitted to the Board or
Commission. If MUNICIPALITY submits no comment or recommendation, COUNTY may
assume it has no objection to the proposal. If MUNICIPALITY submits recommendations,
COUNTY shall either include within its written decision the reasons for any action taken
contrary to the same or furnish such reasons to MUNICIPALITY by a separate writing.
B. Development Within the THREE (3) MILE REFERRAL AREA. Upon receipt of any
proposal for DEVELOPMENT within the THREE (3) MILE REFERRAL AREA then
currently eligible for voluntary annexation to 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.
C. Mutuality of Impact Consideration. The parties recognize that decisions by one (1) 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. MUNICIPALITY will refer proposals for DEVELOPMENT which lie
within five hundred (500) feet of any property in unincorporated Weld County to COUNTY
for its review and recommendation. Such referral will include at least a copy of the written
Development proposal. MUNICIPALITY shall allow not less than twenty-one (21) days for
COUNTY to review same and furnish its recommendations to MUNICIPALITY. If
COUNTY submits no comment or recommendation, MUNICIPALITY may assume it has
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no objection to the proposal. If COUNTY submits recommendations, MUNICIPALITY shall
either include within its written decision the reasons for any action taken contrary to the
same or furnish such reasons to COUNTY by a separate writing. Where the
DEVELOPMENT is proposed as part of an annexation of more than ten (10) acres, the
provisions of this Section shall be deemed satisfied by compliance by 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: (1)that no such conflict or
incompatibility shall reasonably occur, (2) any such conflict or incompatibility is deemed to
be minimal, or (3) that suitable mitigation measures to be imposed by MUNICIPALITY as
conditions of approval shall eliminate or adequately mitigate adverse consequences of
incompatibility or conflict. COUNTY shall be given notice of, and may appear and be heard
at any hearing or other proceeding at which MUNICIPALITY shall consider such issues.
Delete Sec. 19-5-60. Annexation.
Renumber Sec. 19-5-70 to become Sec. 19-5-60. Implementation of CPA, and amend as
follows:
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 19-5-50 above. 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.
Add Sec. 19-5-70. 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. 19-5-80. Miscellaneous provisions.
A. Severability. Should any one (1) 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.
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B. Termination. This CPA shall continue in effect until for a period of one year from the date
first written above, and shall be renewed automatically thereafter for successive one-year
periods. Notwithstanding the foregoing, however, either party may terminate this CPA by
giving at least twelve (12) months' written notice thereof to the other party.
C. Amendment. Upon the request of either party, this CPA 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 19-5-80.D and 19-5-80.E of this CPA).
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 19-5-80.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
Amend Sec. 19-12-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of
the 29th day of September, 2014, A.D. between the Board of County Commissioners of the
County of Weld, State of Colorado, whose address is 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."
Amend 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 MUNICIPALITY; and
B. MUNICIPALITY exercises exclusive 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) within the THREE
(3) MILE AREA, as defined herein; and
C. Title 29, Article 20, of the Colorado Revised Statues, granted 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
PAGE 5 2014-2754
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D. Title 29, Article 20, of the Colorado Revised Statutes, 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. 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.
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.
Amend Sec. 19-12-30. 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 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, and to achieve maximum
efficiency and economy in the process of development. However, any action taken pursuant to
this CPA that pertains to any land within MUNICIPALITY, for incorporated areas, and within
COUNTY, for unincorporated areas, is subject to exclusive final approval by the governing body
of MUNICIPALITY or COUNTY, respectively.
Amend 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 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.
Amend Sec. 19-12-50. Planning coordination.
This CPA is intended to be a Comprehensive Development Plan adopted and
implemented pursuant to C.R.S. Section 29-20-105(2), Following the execution of this CPA by
both parties, applications to COUNTY for DEVELOPMENT within the THREE (3) MILE AREA
SHALL BE processed and determined in accordance with the following:
A. Referral. COUNTY shall refer all proposals for DEVELOPMENT within the THREE (3)
MILE AREA to the MUNICIPALITY for its review and recommendation. Such referral shall
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include at least a copy of the written DEVELOPMENT proposal and preliminary COUNTY
staff summary of the case. COUNTY shall allow not less than twenty-one (21) days for
MUNICIPALITY to review the 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 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 MUNICIPALITY submits no comment or recommendation, COUNTY may
assume it has no objection to the proposal. If MUNICIPALITY submits recommendations,
COUNTY shall either include within its written decision the reasons for any action taken
contrary to the same or furnish such reasons to the MUNICIPALITY by a separate writing.
B. Development Within the THREE (3) MILE REFERRAL AREA. Upon receipt of any
proposal for DEVELOPMENT within the THREE (3) MILE REFERRAL AREA then
currently eligible for voluntary annexation to 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.
C. Mutuality of Impact Consideration. The parties recognize that decisions by one (1) 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. MUNICIPALITY shall refer proposals for DEVELOPMENT which lie
within five hundred (500) feet of any property in unincorporated Weld County to COUNTY
for its review and recommendation. Such referral will include at least a copy of the written
Development proposal. MUNICIPALITY shall allow not less than twenty-one (21) days for
the COUNTY to review same and furnish its recommendations to MUNICIPALITY. If
COUNTY submits no comment or recommendation, MUNICIPALITY may assume it has
no objection to the proposal. If COUNTY submits recommendations, MUNICIPALITY shall
either include within its written decision the reasons for any action taken contrary to the
same or furnish such reasons to COUNTY by a separate writing. Where the
DEVELOPMENT is proposed as part of an annexation of more than ten (10) acres, the
provisions of this Section shall be deemed satisfied by compliance by 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,
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MUNICIPALITY may approve same if MUNICIPALITY finds: (1) that no such conflict or
incompatibility shall reasonably occur, or (2) any such conflict or incompatibility is deemed
to be minimal, or (3) that suitable mitigation measures to be imposed by MUNICIPALITY
as conditions of approval shall eliminate or adequately mitigate adverse consequences of
incompatibility or conflict. COUNTY shall be given notice of, and may appear and be heard
at any hearing or other proceeding at which MUNICIPALITY shall consider such issues.
Delete Sec. 19-12-60. Annexation.
Amend Sec. 19-12-70 to become 19-12-60. 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 19-12-50. 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.
Add 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).
Amend Sec. 19-12-80. Miscellaneous provisions.
A. Severability. Should any one (1) 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 will continue in effect for a period of one year from the date first
written above, and shall be renewed automatically thereafter for successive one-year
periods. Notwithstanding the foregoing, however, either party may terminate this CPA by
giving at least twelve (12) months' written notice thereof to the other party.
C. Amendment. Upon the request of either party, this CPA 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 the CPA).
D. Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s) consider this
CPA for adoption upon published notification. MUNICIPALITY shall provide a complete
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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.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions. sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections,
and subsections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2014-10 was, on motion duly made and
seconded, adopted by the following vote on the 29th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Douglas Rademacher, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Mike Freeman
County Attorney
William F. Garcia
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Publication: July 16, 2014
First Reading: August 18, 2014
Publication: August 27, 2014, in the Greeley Tribune
Second Reading: September 8, 2014
Publication: September 17, 2014, in the Greeley Tribune
Final Reading: September 29, 2014
Publication: October 8, 2014, in the Greeley Tribune
Effective: October 13, 2014
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