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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 repealed and re-enacted, with amendments.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 26th--29th day of AprilSeptember, 1999-2014. 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 OR CITY OF
KEENESBURGTown of Keenesburq, a Colorado Municipal corporation. whose address is 140
South Main Street , PO , Box 312 , Keenesburq , CO 80643, hereinafter called the
"MUNICIPALITY."
Amend Sec. 19-5-20. Recitals.
A. The COUNTY exercises exclusive governmental authority regulating land use, growth and
development in itswithin the unincorporated areas of Weld County, Colorado, which areas
include lands surrounding the MUNICIPALITY; and
B . The MUNICIPALITY exercises exclusive governmental authority over the same matters
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with respect to land use . growth , and development within its municipal boundaries, and
regarding its annexations, and is able to provide has demonstrated the capability of
providing municipal services and facilities for efficient and desirable urban development;
and including water and sewer services based on the municipality's code) with in the
THREE ;3) MILE AREA, as defined herein: and
C. 141-Title 29, Article 20, C. R.S. , the General Assembly of the State of Colorado has granted
of the Colorado Revised Statutes, grants broad authority to local governments to plan for
and regulate, the development and use of land within their respective jurisdictions _
accomplishing such activities through public processes that respect, protect, and promote
private rights ; and
D. In said Title 29, Article 20. C. R . S . , the General Assembly has furtherof 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. 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 agreementCPA.
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 Agreement CPA is to establish procedures and standards pursuant to
which the parties will move toward greater coordination in the exercise of their land use and
related regulatory powers within unincorporated areas surrounding the MUNICIPALITY. The
objectives of such efforts are to accomplish the type of development in such areas which best
protects the health , safety, prosperity and general welfare of the inhabitants thereof by reducing
the waste o= p -iysica , 'inancia anc 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 Agreement
that pertains to any land within the municipalityMUNICiPALITY, for incorporated areas, and
within the CountyCOUNTY , for unincorporated areas, is subject to exclusive final approval by the
governing body of the municipality or countyMUNICIPALITY or COUNTY , respectively.
Amend Sec. 19-5-40. Definitions.
For the purposes of this AgreementCPA, 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 Urban Growth Area THREE (3j MILE except for an amendment to a
plat or a down-zoning . neither of which creates any additional lots and except for a Recorded
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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 nonconforming
uses. are also exempt from the definition of Development.
Non Urban Development. Land uses which typically do not require services such as
combine clustered residential usc,J and agricultural uses in a manner that the agricultural lands
) miles of the
MUNICIPALITY's municipal boundaries.
THREE (3) MILE AREA . The area as defined by Colorado Revised Statutes, C. R. S .
31 - 12- 105. 1 . E.
,
which are typically furnished by the MUNICIPALITY.
"Primary Urban Growth Area" on the map contained in Appendix 19 E of this Chapter,
EXCEPTING those lands located within the MUNICIPALITY's municipal boundaries. The map
depict •
_
Amend Sec. 19-5-50. Planning coordination.
This Agreement-CPA 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 of
this Agreement CPA by both parties, applications to COUNTY Development approvals in the
MUNICIPALITY's Referral Area will be for DEVELOPMENT within the THREE (3' MILE AREA
shall be processed and determined in accordance with the following:
A. Referral . The COUNTY will-shall 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 wilt-shall 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 same referral
a e efea_ 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 next-immediately preceding the meeting of the Board
of County Commissioners or Planning Commission at whichwhen the matter will--shall be
considered will shale 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 shah
either include within its written decision the reasons for any action taken contrary to the
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same or furnish such reasons to the MUNICIPALITY by a separate writing .
S. -Development Outside Urban Growth Area. To the extent legally-possible the COUNTY will
disapprove proposals for Urban Development in areas of the MUNICIPAL Referral Area
outside tie Urban Growth Area. In reviewing proposals for Non-Urban Development in
such areas, the COUNTY will apply its Comprehensive Plan and zoning and subdivision
ordinances, and, where appropriate, the RUA Plan.
CB . Development Within the THREE (3; MILE REFERRAL AREAin Urban Growth Area. The
fo owing sia app y to proposec Deve opment in tie Urban Growti Area:
1 . Upon receipt of any proposal for Development DEVELOPMENT within the THREE (3)
MILE REFERRAL AREA of property then currently eligible for voluntary annexation to the
MUNICIPALITY, the COUNTY wilishall , 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 anc notify tie NUN C PAL TY of tie proposa .
2-
Urban Growti Area, subject to its ru es anc regu ations, wiici inc uce-provisions requiring
a wri-:en con:rac- or extra:erri:oria service anc • ie cons:ruc-ion o= new mains anc o:ner
faci ities necessary to serve tie property witi costs assessec in accorcance wit-i the
y
proposee c -iange in saic ru es anc regu ations to he COUNTY twenty-one (21 ) days prior
to adoption.
3. — -If The MUNICIPALITY provides municipa water service to propery wi- iin i-s bouncaries,
subject to its ru es anc regu ations, it wi provice water uneer provisions simi ar to t lose
indicated above for sewer service. Where water furnished by the MUNICIPALITY is
receivec in who e or in part from an outsice water provicer cuci a, a water cistrict uncer a
Water Service Agreement dated N/A, the MUNICIPALITY shall exercise its obligations
under this agreement consistent with the terms of the Water Service Agreement including
9
( ist any specia restrictions inc-ucing imit on service area) . Tie IV-UN -C-PAL-TY wi-I
negotiate in gooc faiti witi tie water provicer to exp ore ways in wiici tie extension of
water service outside VUN C 2A _ —Y bouncaries can be coorcina-ec so as :o aciieve :ne
of the water provider and its constituents.
4 In recognition of the availability of public water and sewer service within the Urban Growth
Area as indicatec in Paragraphs 2 anc 3 above, tie COUNTY wi require pubic water and
sewer service as a condition of approval of any-subdivision. rezoning or planned unit
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•
MUNICIPALITY cannot provide water. This Agreement shall be prima facie evidence of
32 - 1 -203(2. 5)(a), G. R. S.
5.
Deve opmen• wit iout tie consent o= tie MUN -C-PA -Y.
6. To the extent legally possible, as determined by the COUNTY, the COUNTY will deny
recorded exemption or subdivision exemption, the isolated partition or division of
ownership parcels located in the Urban Growth Area having existing residential
improvement s-
Nevertheless, the COUNTY will not permit such a concentration of such divisions in any
particular ar a as will frustrate or materially hinder the evolution of genuine Urban
Furthermore, the County shall not be restricted from allowing the expansion of legally
included in any such approval.
7.
based upon a conflict or incompatibility between proposed USCG in the Development and
anticipated MUNICIPALITY zoning classification for the property, the COUNTY will not
or of ier proceecing at wiici i tie COUNTY wi consicer suci Sues.
8. The parties anticipate that Paragraphs 5 through 7 above will be addressed in more detail
if a Mutually Acceptable Plan is considered and adopted for the UGA or the Referral Area .-
DC. Mutuality of Impact Consideration . The parties recognize that decisions by one ( 1 ) party
regarding development may impact property outside of each particularits 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.
ED . Referrals to County. The- MUNICIPALITY will refer proposals for Development
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 trTe COUNTY to review the same and furnish its
recommendations to 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
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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 the extent legally possible the MUNICIPALITY will not approve the same unless the
applicant demonstratesmay approve the same if MUNICIPALITY finds: ( 1 ) that no such
conflict or incompatibility will shall reasonably occur, (2) any such conflict or incompatibility
is deemed 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. or (3) that the MUNICIPALITY's
anticipated zoning classification of the property is unreasonable because of existing or
planned uses of adjacent property. 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 .
Delete Sec. 19-5-60. Annexation.
A. -
properties, without limitation , the following factors: ( 1 ) the extension of one ( 1 ) or more
municipa services to tie area wou c pace an unreasonab e economic burden on the
,
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
MUN C PAL TY for municipa purposes SUG-1 as uti ities,
C. To the extent legally possible, the MUNICIPALITY will annex the full width of each
properties, in-which ease the MUNICIPALI-TY will annex none of such COUNTY road
right -of-way.
D-.
to annex any property wit uin a Deve opment approvec by tie COUNTY
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.
F In determining off-site improvements to be constructed by proponents of
in NUN C PA _ TY Deve opment, tie NUN C ?A _ TY will consider identifiable impacts on
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the COUNTY road system resulting from such Development on the same basis as
in MUNICIPALITY impacts.
Amend Sec. 19-54O60. Implementation of AgreementCPA.
Following the mutual execution of this AgreementCPA, each party 44-1—shall promptly
enact and implement such amendments to its existing regulations as may be necessary to give
effect to the provisions of Sections 19-5-50 and 19-5 60 above . Each party shall have sole and
exclusive discretion to determine such measures and any new ones enabling it to perform this
AgreementCPA. 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 Agreement CPA 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.
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 Agreement CPA
be judicially determined invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this AgreementCPA, 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 Agreement CPA should be terminated.
B Enforcement. Either party may seek specific performance or enforcement of this
rem
Agreement confer on either part standing to contest a land use decision or action of the
standing the parties may possess incepencent o' tiis agreement. This Agreement is
between the MUNICIPALITY and the COUNTY and no third party rights or beneficiaries
exist or are created hereby.
GB. Termination. This Agreement wiIICPA shall continue in effect until June 30, 200'1for 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 Agreement CPA by giving at least twelve ( 12) months'
written notice thereof to the other party.
DC. Amendment. Upon the request of either party, this Agreement 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
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detailed in Sections 19-5-80 . D and 19-5-80. E of this CPA); provided, however, that
resolution of the MUNICIPALITY concurred in by the COUNTY when the change is a
ce etion to tie UGA or an adcition of property which ( 1 ) was in common ownership and
containec wit uin a common ega cescription wit u property previous y inc-ucec in tie UGA;
or (2) direct y acjacent to anc contiguous wit -i property previous y containee wit uin tie
UGA and capable of being servee by N/UN C PAL services, inc using water or sewer,
within a reasonable period of time.
D . Adoption by MUNICIPALITY.p 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 hearings) 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 1 'lth 29th day of NovemberSeptember, 20002014, A. D. between the Board of Count
Y
Commissioners of the County of Weld , State of Colorado , whose address is 915 10th1150 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. The COUNTY exercises exclusive governmental authority regulating land use. growth and
development in itowithin the unincorporated areas of Weld County, Colorado, which areas
include lands surrounding the MUNICIPALITY: and
B. The MUNICIPALITY exercises exclusive governmental authority over the same
matterswith respect to land use. growth , and development within its municipal boundaries.
aedand regarding its annexations , and is able to providehas demonstrated the capability
of providing municipal services and facilities for efficient and desirable urban
development(includinq water and sewer services based on the municipality's code: within
the THREE (3) MILE AREA, as defined herein ; and
C . 441-Title 29. Article 20, C. R.S. , the General Assembly of the State of Colorado hasof the
Colorado Revised Statues, 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 throughpublic processes that respect, protect, and promote
private property rights; and
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it
D. In said Title 29, Article 20, C. R.S. , the General Assembly has furtherof 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 . 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 AgreementCPA.
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 Agreement 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 tMUNICIPALITY. 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 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 Agreement
CPA that pertains to any land within the municipalityMUNICIPALITY, for incorporated areas, and
within the CountyCOUNTY , for unincorporated areas, is subject to exclusive final approval by the
governing body of the municipalityMUNICIPALITY or countyCOUNTY, respectively.
Amend Sec. 19-12-40. Definitions.
For the purposes of this AgrecmcntCPA, the following terms shall be defined as set forth
herein :
Development. Any land use requiring regulatory approval by the elected governing body
q 9 9 rY PP
of the applicable party in the Urban Growth AreaTHREE (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.
Non Urban Development. _anc uses wiici typica y co not require services suci as
centra water anc sewer systems, roac networks, parrs anc recreation services, storm crainage
anc tie ke, anc wiici are genera y consicerec to be rura in nature, express y inc-using ano
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used or capable of being used for agricultural production anc including developments ments which
are suitable for farming and ranching operations for tie next forty (40) ycars.
MUNICIPAL Referral Area. The area located outside of but within three (3) miles of the
MUNICIPALITY's municipal boundaries.
networks, park and recreation facilities and programs, storm drainage and otier similar services
wiic-i are typica y furnisiec by tie NUN -C PAL TY.
on the map at Appendix 19 L of this Chapter, EXCEPTING those lands located within the
MUNICIPALITY's municipal boundaries.
Amend Sec. 19-12-50. Planning coordination.
This Agreement CPA is intended to be a Comprehensive Development Plan adopted and
implemented pursuant to Section 29 20 105(2), C . R. S. Section 29-20- 105(2), Following the
execution of this Agreement CPA by both parties, applications to COUNTY Development
aoprova s in : ie NUN C 'A_ Re'erra Area wi befor DEVELOPMENT within the THREE (3)
MILEAREA SHALL BE processed and determined in accordance with the following:
A. Referral . The COUNTY will shall refer all proposals for Development DEVELOPMENT
within the MUNICIPAL Referral Area THREE (3) MILE AREA to the MUNICIPALITY for its
review and recommendation. Such referral wilt--shall 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 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 next immediately preceding the meeting of the Board
of County Commissioners or Planning Commission at-_w-whichwhen the matter wi 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-shah
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 outside Urban Growth Area. To the extent legally possible, the COUNTY will
cisapprove proposa s for Urban Deve opment in areas of tie NUN C PAL Referra Area
outsice the Urban Growti Arca. n reviewing proposa s for Non Urban Deve opment in
suc-i areas, tie COUNTY wi app y its Comprehensive elan and zoning and subdivision
ordinances and, where appropriate, the RUA Plan.
GB. Development in Urban Growth AreaWithin the THREE (3) MILE REFERRAL AREA. The
following shall apply to proposed Dc-ielopment in the Urban Growth Area:
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1 . Upon receipt of any proposal for Development of propertyDEVELOPMENT within the
THREE (3; MILE REFERRAL AREA then currently eligible for voluntary annexation to the
MUNICIPALITY, the-COUNTY willshall , 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
posal . The COUNTY
will----not consider such p • ant or its predecessor
opment on the same
property within the preceding twelve
MUNICIPALITY has failed to approve or deny such
a written contract for extraterritorial service and the c
MUNICIPALITY's rule° and
to adoption .
3. if the MUNICIPALITY provides municipal water service to property within its boundaries,
received • to
Water Service Agreement dated January 18, 11 4, the MUNICIPALITY shall exercise its
Agreement. The MUNIC
recognizing the rights and obligations of the water provider and its constituents.
4 n •r
public
contract for the same—with the MUNICIPALITY, or water service from the Northern
,
se • '
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•
5-
•
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
improvements served by septic systems, regardless of the size of resulting lots.
Development, as defined in Section 19 12 40 of this Agreement, in the Urban Growth
Area. Furthermore, the County shall not be restricted from allowing the expansion of
included in any such approval .
If any MUNICIPALITY recommendation of disapproval of a Development proposal is
based upon a conflict or incompatibility between proposed uses in the Development and
e
•
incompatibility will reas ,
consequences of incompatibi ity or conf ict, or (c) hat he MUNICIPALITY's anticipated
8- -
r 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 hundred-year storm and release the detained water at a quantity
and rate-
site.
DC . Mutuality of Impact Consideration . The parties recognize that decisions by one ( 1 ) party
regarding development may impact property outside of each particularits 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.
ED. Referrals to County. The MUNICIPALITY will---shall refer proposals for Development
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-shalt 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
PAGE 12 2014-2562
ORD2014- 10
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 the extent legally possible, the MUNICIPALITY will not approve the same unless the
applicant demonstratesmay approve same if MUNICIPALITY finds: ( 1 ) that no such
conflict or incompatibility will 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 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.
Delete Sec. 19-12-60. Annexation.
A. Tie NUN C PAL TY wi give serious consiceration to a petitions for annexation of ancs
within tie Urban Growti Area anc wi consicer, in any cetermination to annex suci
properties, without limitation, the following factors: ( 1 ) the extension of one ( 1 ) or more
municipal services to the area would place an unreasonable economic burden on the
existing users of suci services or upon tie future resicents or owners of property in tie
area itsef; (2) tie area is not reasonab y contiguous in fact to tie NUN C. PAL TY's
existing bouncaries, anc its annexation wou-c resu - in oisconnectec municipal satellites.
B. Tie MUN C PAL TY wi not annex properties ocatec outsice tie Urban Growti Area
unless such property is both eligible for annexation and is necessary to the
NUN C PAL TY for municipa purposes suci as uti ities.
C. To the extent legally possible, the MUNICIPALITY will annex the full width of each
COUNTY road right-of way contiguous to newly annexed property unless such road
serves primarily COUNTY properties rather than existing or newly annexed Municipal
prooeries, in wild case -tie NUR CPA_ -Y wi annex none o' suci COUN—Y roac
right-of -way.
B. Notwithstancing any provision iereof to tie contrary, tie NUNIC PAL TY is not ob igated
to annex any property wit uin a Deve opment approvec by tie County after tie execution of
tiis Agreement by !Doti parties wiici coes not conform to tie County Urban Growti
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.
PAGE 13 2014-2562
ORD2014- 10
F. In deter in-ing off site improvements to be constructed by proponents of
in-MUNICIPALITY Development, the MUNICIPALITY will consider identifiable impacts on
in MUNICIPALITY impacts.
Amend Sec. 19-12-70 to become 19-12-60. Implementation of AgreementCPA.
Following the mutual execution of this AgreementCPA, 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 Sections 19- 12-50 and 19 -12--60 above. Each party shall have sole and
exclusive discretion to determine such measures and any new ones enabling it to perform this
AgreementCPA. 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 Agreement CPA promptly are given
and received with mutual recognition and understanding of the legislative processes involved ,
and such covenants wilt-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) .
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 AgreementCPA, 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 Agreement CPA should be terminated.
B. Enforcement. Ei
er party shall have any claim or
e other, nor shall this
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.
C3 . Termination. This Agreement CPA will continue in effect until June 30, 2004,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 Agreement CPA by giving at least twelve ( 12) months' written notice
thereof to the other party.
D'- . Amendment. Upon the request of either party, this Agreement CPA shall be subject to
PAGE 14 2014-2562
ORD2014- 10
amendment according to the same procedures as the original adoption (requiring the
written consent of h teamendment by both parties and compliance with the procedures
detailed in Sections 19- 12-80D and 19-12-80E of the CPA); provided, however, that
changes in the Urban Growth Area defined in Section 19 12 40 herein may occur by
containec within a common egal description wits property previous y inc udec in tie UGA;
or (2) directly adjacent to anc contiguous witi property previously contained within the
,
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 hearinq(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 .
PAGE 15 2014-2562
ORD2014- 10
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
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
PAGE 16 2014-2562
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