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Home My WebLink About20142984.tiff 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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, 'AGE 1 2014-2984 4060135 Pages: 1 of 18 11/07/2014 01:29 PM R Fee:$0.00 ORD2014-10 Steve Moreno. Clerk and Recorder, Weld County, CO VIII PAM hiICti414J,'MtiiC M rAillrw III erB, t�It2 �}. A Clerk, t^(P1k, 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 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. 4060135 Pages: 2 of 18 'AGE 2 2014-2984 11/07/2014 01:29 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ORD2014-10 lIII MI:1ti.1MAthfitlAI!al ANINt «+1,YA Ell 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 4060135 Pages: 3 of 18 'AGE 3 2014-2984 11/07/2014 01:29 PM R Fee:$0.00 ORD2014-10 Steve Moreno, Clerk and Recorder, Weld County, CO •III M�� I':' I �c 'c i Ylh�UIY�l:hIL'tli lWLi vi11I II I 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. 4060135 Pages: 4 of 18 11/07/2014 01:29 PM R Fee:$0.00 'AGE 4 2014-2984 Steve Moreno, Clerk and Recorder, Weld County, CO ■III�1�1�''�Yr�kfRr�{;Y�1 IOW k' M 11111 ORD2014-10 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 4060135 Pages: 5 of 18 'AGE 5 2014-2984 11/07/2014 01:29 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ORD2014-10 ��N FJP7Vi iii% 11111 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 4060135 Pages: 6 of 18 'AGE 6 2014-2984 11/07/2014 01:29 PM R Fee:$0.00 ORD2014-10 Steve Moreno, Clerk and Recorder, Weld County, CO VIII r L'Y%IUIII1 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, 4060135 Pages: 7 of 18 'SAGE 7 2014-2984 11/07/2014 01:29 PM R Fee:$0.00 ORD2014-10 Steve Moreno: Clerk and Recorder, Weld County: CO ■III l��11Lh�Y �l 2h14�Yt 4 1�1 :�'MIIWRFk'hIv Bill 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 4060135 Pages: 8 of 18 'AGE 8 2014-2984 11/07/2014 01:29 PM R Fee:$0.00 ORD2014-10 Steve Moreno, Clerk and Recorder, Weld County, CO ■iii�l�l�rnw,t+'laictilLa , iciatiaimellivi11111 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 ELD COUNTY, RADO ATTEr! ,,� Scc _�/'��: "If 7 Gee (Q2' - t+N/ •uglas R7ademache , hair Weld County Clerk to the Board EXCUSED EL rbara Kirkmeyer, Pro-Tem D pt' Clerk to the =oar j to i ,•� •, ��_ - �� n P. Conway c AP D M: ®�- .,t` 1r � ike Free n unty Attorney i is . Garcia 4060135 Pages: 9 of 18 11/07/2014 01:29 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO Vti II III AGE 9 2014-2984 ORD2014-10 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 4060135 Pages: 10 of 18 Steve l Moreno,4 OCler9k and Recorder,M R 0 Weld County, CO VIII M!P1!'IL R' il':Ww:NW III PAGE 10 2014-2984 ORD2014-10 COORDINATED PLANNING AGREEMENT BETWEEN THE TOWN OF KEENESBURG, COLORADO, AND WELD COUNTY, COLORADO 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, Greeley, CO 80631, hereinafter called the "COUNTY," and the Town of Keenesburq, a Colorado municipal corporation, whose address is 140 S. Main Street, Keenesburq, CO 80643, hereinafter called the "MUNICIPALITY." 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 Statutes, grants broad authority to local governments to plan for and regulate development and the use of land within their respective jurisdictions, accomplishing such activities through public processes that respect, protect, and promote private property rights; and D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers; and E. Pressures for growth and development in 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 co promote the objectives stated in this CPA. 0 F. This CPA adheres to the objectives and Policies of the Weld County o Comprehensive Plan, set forth in Section 22-2-40 of the Weld County Code and, in particular, mus UD.Goal 2., which encourages the establishment of intergovernmental agreements concerning ail= growth areas with each municipality in Weld County. • `4• mY copNOW THEREFORE, for and in consideration of the mutual promises and undertakings v herein set forth, the parties agree as follows: "r` 1. PURPOSES AND OBJECTIVES. The purpose of this CPA is to establish daAV Amx� procedures and standards pursuant to which the parties will move toward greater coordination oN 3 in the exercise of their land use and related regulatory powers within unincorporated areas and surrounding MUNICIPALITY. The objectives of such efforts are to accomplish the type of ~mom �No � development in such areas which best protects the health, safety, prosperity, and general omvZ welfare of the inhabitants thereof and to achieve maximum efficiency and economy in the 20,4 -7,9814 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. 2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined as set forth herein: 2.1 DEVELOPMENT. Any land use requiring regulatory approval by the elected governing body of the applicable party in the THREE (3) MILE AREA, except for an amendment to a plat or a down-zoning, neither of which creates any additional lots, and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural uses, which are lawful uses, either as uses-by-right under the Weld County Code, or as legally existing non-conforming uses, are also exempt from the definition of "DEVELOPMENT." 2.2. THREE(3) MILE AREA. The area as defined by Colorado Revised Statutes, C.R.S. 31-12-105.1.E. 3. 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: 3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within the THREE (3) MILE AREA to MUNICIPALITY for its review and recommendation. Such referral shall include at least a copy of the written DEVELOPMENT proposal and preliminary COUNTY staff summary of the case. 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 the MUNICIPALITY submits no comment or recommendation, COUNTY may assume it has no objection to r 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. 3.2 Development Within THREE (3) MILE AREA. 03 w SOS �G Upon receipt of any proposal for DEVELOPMENT within the THREE (3) MILE w .. p P P P v2 AREA then currently eligible for voluntary annexation to MUNICIPALITY, COUNTY shall, in writing, at time of a pre-application with the Department of ce�� Planning Services, notify the proponent of the opportunity for annexation. The is; Director of Planning Services shall, in writing, notify MUNICIPALITY's mayor and aNv his or her designee of the proposal. MUNICIPALITY shall have twenty-one (21) G ,� days following contact by the proponent, which shall be documented in writing a ddos (with a copy of COUNTY), to notify COUNTY in writing that MUNICIPALITY and Mal N o the applicant have agreed to the terms of a pre-annexation agreement. COUNTY o�v- shall not process any application until the completion of said twenty-one (21) �o.m>—_— v N IIIIII 2 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. 3.3 Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding development may impact property outside of its jurisdiction. The parties agree that jurisdictional boundaries shall not be the basis for giving any greater or lesser weight to those impacts during the course of deliberations. 3.4 Referrals to County. MUNICIPALITY shall refer proposals for Development which lie within 500 feet of any property in unincorporated Weld County to COUNTY for its review and recommendation. Such referral shall 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 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 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 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 (i) that no such conflict or incompatibility shall reasonably occur, or (ii) any such conflict or incompatibility is deemed to be minimal, or (iii) 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. 4. 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 o be necessary to give effect to the provisions of Sections 3. Each party shall have sole and exclusive discretion to determine such measures and any new ones enabling it to perform this oN 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 cost y 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 O w o be liberally construed in light thereof. v8 flLLo y_ N� ce�` 5. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS. "11 MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this CPA, m a mx� attempt to agree to establish common development standards within designated areas, which U may include areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE @a AREA. Common development standards should include, but not be limited to, roadways (types, pro ti widths, horizontal design, access and spacing) and drainage (on-site, off-site, discharge, o�m easements, and regional facilities). >Io.v- IIII, 3 6. MISCELLANEOUS PROVISIONS. 6.1 Severability. Should any one or more sections or paragraphs of this CPA be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this CPA, the intention being that the various sections and paragraphs are severable; provided, however, that the parties shall then review the remaining provisions to determine if the CPA should continue, as modified, or if the CPA should be terminated. 6.2 Termination. This CPA shall continue in effect for a period of one year from the date first written above, and shall be renewed automatically thereafter for successive one (1) year periods. Notwithstanding the foregoing, however, either party may terminate this CPA by giving at least twelve (12) months' written notice thereof to the other party. 6.3 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 6.4 and 6.5 of this CPA). 6.4 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 6.5, below. 6.5 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. IN WITNESS WHEREOF, the parties have executed this CPA effective as of the date first above written. _ ATTEST: Matt,y ' i' '�� BOARD OF COUNTY COMMISSIONERS OF gzj \ La% WELD COUNTY, COLORADO CLERK OF THE BOARD -, dm t'�- ap o 3 \a,lz wv.(v�l. S� wG D=•uty Clerk to the Board �� Mt Douglas Rademach , Chair ATTEST: MUNICIPALITY Wit oi a a`m++ aunt:fr cLN.—•in;v Municipal Clerk j , Mayor nNO oNw w v= ��wIIIM 20/4 — 2981-1 4 p,h20/y—lo COORDINATED PLANNING AGREEMENT BETWEEN THE CITY OF FORT LUPTON, COLORADO, AND WELD COUNTY, COLORADO 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, Greeley, CO 80631, hereinafter called the "COUNTY," and the City of Fort Lupton, a Colorado municipal corporation, whose address is 130 S. McKinely, Fort Lupton, CO 80621, hereinafter called the "MUNICIPALITY." 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 Statutes, grants broad authority to local governments to plan for and regulate development and the use of land within their respective jurisdictions, accomplishing such activities through public processes that respect, protect, and promote private property rights; and D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers; and E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate • that the joint and coordinated exercise by COUNTY and MUNICIPALITY of their respective planrina z_ninn subdivision building and related regulatory powers in such areas will best m promote the objectives stated in this CPA. rOE F. This CPA adheres to the objectives and Policies of the Weld County ac Comprehensive Plan, set forth in Section 22-2-40 of the Weld County Code and, in particular, 8 UD.Goal 2., which encourages the establishment of intergovernmental agreements concerning °:1m vy growth areas with each municipality in Weld County. ,.., •a u v_ NOW THEREFORE, for and in consideration of the mutual promises and undertakings ,nLL'y herein set forth, the parties agree as follows: Ctv 1. PURPOSES AND OBJECTIVES. The purpose of this CPA is to establish mamr mmY . 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 a") surrounding MUNICIPALITY. The objectives of such efforts are to accomplish the type of W. development in such areas which bestprotects the health, safety, prosperity, and general MNoti P ,.,.E. welfare of the inhabitants thereof and to achieve maximum efficiency and economy in the ,, m process of development. However, any action taken pursuant to this CPA that pertains to any QtiNlllll, 0,90/4/-4.292 1 0/eDao/Y-/o 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. 2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined as set forth herein: 2.1 DEVELOPMENT. Any land use requiring regulatory approval by the elected governing body of the applicable party in the THREE (3) MILE AREA, except for an amendment to a plat or a down-zoning, neither of which creates any additional lots, and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural uses, which are lawful uses, either as uses-by-right under the Weld County Code, or as legally existing non-conforming uses, are also exempt from the definition of "DEVELOPMENT." 2.2. THREE(3) MILE AREA. The area as defined by Colorado Revised Statutes, C.R.S. 31-12-105.1.E. 3. 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: 3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within the THREE (3) MILE AREA to MUNICIPALITY for its review and recommendation. Such referral shall include at least a copy of the written DEVELOPMENT proposal and preliminary COUNTY staff summary of the case. 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 the 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. o V 3.2 Development Within THREE (3) MILE AREA. 0-� ccos3 — Upon receipt of any proposal for DEVELOPMENT within the THREE (3) MILE 00,-,S)- AREA then currently eligible for voluntary annexation to MUNICIPALITY, LOLL° s COUNTY shall, in writing, at time of a pre application with the Department of ii0E2 Planning Services, notify the proponent of the opportunity for annexation. The ma "Y Director of Planning Services shall, in writing, notify MUNICIPALITY's mayor and v� dN 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 ry (with a copy of COUNTY), to notify COUNTY in writing that MUNICIPALITY and nes,0 ti the applicant have agreed to the terms of a pre-annexation agreement. COUNTY omvaE 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- 2 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. 3.3 Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding development may impact property outside of its jurisdiction. The parties agree that jurisdictional boundaries shall not be the basis for giving any greater or lesser weight to those impacts during the course of deliberations. 3.4 Referrals to County. MUNICIPALITY shall refer proposals for Development which lie within 500 feet of any property in unincorporated Weld County to COUNTY for its review and recommendation. Such referral shall 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 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 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 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 (i) that no such conflict or incompatibility shall reasonably occur, or (ii) any such conflict or incompatibility is deemed to be minimal, or (iii) 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. 4. IMPLEMENTATION OF CPA. Following the mutual execution of this CPA, each 35 party shall promptly enact and implement such amendments to its existing regulations as may be necessary to give effect to the provisions of Sections 3. Each party shall have sole and exclusive discretion to determine such measures and any new ones enabling it to perform this 0ae CPA. Each party's land use regulations as referred to herein are ordinances whose amendment m0E* requires certain formalities, including notice and public hearings. The mutual covenants in this �e3 — section and elsewhere to implement this CPA promptly are given and received with mutual c va recognition and understanding of the legislative processes involved, and such covenants shall rLL 0—- be liberally construed in light thereof. rlmp�yaR 5. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS. mm= MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this CPA, 1:04 w •:C-a attempt to agree to establish common development standards within designated areas, which s may include areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE m" AREA. Common development standards should include, but not be limited to, roadways (types, 2t 5≥ widths, horizontal design, access and spacing) and drainage (on-site, off-site, discharge, ,LoF,,== easements, and regional facilities). 3 • 6. MISCELLANEOUS PROVISIONS. 6.1 Severability. Should any one or more sections or paragraphs of this CPA be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this CPA, the intention being that the various sections and paragraphs are severable; provided, however, that the parties shall then review the remaining provisions to determine if the CPA should continue, as modified, or if the CPA should be terminated. 6.2 Termination. This CPA shall continue in effect for a period of one year from the date first written above, and shall be renewed automatically thereafter for successive one (1) year periods. Notwithstanding the foregoing, however, either party may terminate this CPA by giving at least twelve (12) months' written notice thereof to the other party. 6.3 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 6.4 and 6.5 of this CPA). 6.4 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 6.5, below. 6.5 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. IN WITNESS WHEREOF, the parties have executed this CPA effective as of the date 2 first above written. U ATTEST: &saw sljecn.4 BOARD OF WELD OUNTY COMMISSIONERS OF COUNTY, COLORADO CLERK OF THE BOARD0 . CO LL• - De iuty Clerk to the Board �,', ; � Douglas a emac er, Chairman 0CT 2 9 1014 molt ATTEST: `�,,e�`�, MUNICIPALITY -ve 6 M IOo i l/ H\£L 0\; Municipal Clerk ;; p�? Mayor F•'•.. /PC)*or4 extaoa/-/o Hello