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Home My WebLink About20142564.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-10 was introduced on first reading on August 18, 2014, and a public hearing and second reading was held on September 8, 2014. A public hearing and final reading was completed on September 29, 2014, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE EFFECTIVE DATE: October 13, 2014 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 3, 2014 PUBLISHED: October 8, 2014, in the Greeley Tribune ,Zo/y-a56y Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Cassie Clarken of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, Ithat the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state;that the notice or advertisement,of which the annexed is a true copy, has been published in said daily newspaper for consecutive(days): that the notice was published in the regular and entire issue of every number of said NOTICE OF newspaper during the period and time of FINAL READING OF ORDINANCE publication of said notice, and in the newspaper Pursuant to the Wald County Horne Ririe Charter,OrdinanCeproper and not in a supplement thereof; that the Number 2014-10 was introduced on first reading on August 18, 2014.and a public hearing end second reading was held on September 8.2014. A public hearing and first leading was first publication of said notice was contained in the completed on September 20,2014,with no change being made Eighth day of October A.D. 2014 and the last to the text of said Ordinance,and on motion duly made and sec- ,wrled,was adopted Effective date of said Ordnance is listed publication thereof: in the issue of said newspaper below Any backup material,exhibits or Information previously submitted to the Board of County Commissioners concerning this bearing the date of the matter may be examined in the office of the Clerk to the Board of County Commissioners,located within the Weld County Admin. Eighth day of October A.D. 2014 that said The islration Building,115(1 O Street,Greeley,Colorado,between the hours of 8.00 a.m.and 5.00 p m,Monday thru Friday.or may be Greeley Tribune has been published continuously accessed through the Wald County Web Page (www.co.w+etd.cc.us). E-.Mad messages sent to an individual and uninterruptedly during the period of at least six Commissioner may not be included in the case file. To ensure inclusion of your E-Mail Corrmonths next prior to the first issue thereof ,weI .c correspondence into the case fire.plwaa. °oriJ a copyy toeg esick�co.weld.co.us. ORDINANCE NO. 2014-10 contained said notice or advertisement above ORDINANCE t REPEALING REENACTING,WITH AMENDMENTS,CHAPTEHIB COORDI- NATED referred to; that said newspaper has been admitted COD PLANNING AGREEMENTS.OF THE WELD COUNTY to the United States mails as second-class matter EFFECTIVE DATE October 13,2014 under the provisions of the Act of March 3,1879,or BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO any amendments thereof; and that said newspaper DATED: October 3,2014 is a daily newspaper duly qualified for publishing The Tribune legal notices and advertisements within the October 8,2014 meaning of the laws of the State of Colorado. October 8, 2014 Total Charges: $7.46 8th day of October 2014 My Commission Expires 6/14/2017 0/14/ ./eld‘ Notary Public ti ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO ti ti NOTARY ID 20014018494 ti MY COMMISSION EXPIRES JUNE 14,2017 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-10 was introduced on first reading on August 18, 2014, and a public hearing and second reading was held on September 8, 2014, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on September 29, 2014. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE DATE OF NEXT READING: September 29, 2014, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 12, 2014 PUBLISHED: September 17, 2014, in the Greeley Tribune aoi'/—as44 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Desirea Larson of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or NOTICE OF advertisement, of which the annexed is a true copy, SECOND READING OF ORDINANCE has been published in said daily newspaper for Pursuant to the Weld County Home Rule Charter.Ordinance Number 2014-10 was introduced on brat reading on August 18, consecutive(days): that the notice was published in 2014.antra public hearing end second reading was held on September 8,2b14.with no change biing made to the text of the regular and entire issue of every number of said said Ordinance A public healing and third reading is scheduled a during the period and time of to be held in newspaper the Chambers of the Board.located within the Weld P P County Administration Budding,1150 O Street.Greeley.Colo- rado ft0A.71,on Seiptembei 29,2014. All persons in any mem publication of said notice, and in the newspaper ner interested in the next reading of said Ordirarrca are request- edsupplement to attend and may be heard, Please contact the Clerk to the proper P pP Board's Office at phone(970)33&7215,Extension 4225,or fax first publication of said notice was contained in the (970)352 0242,prior to the day of the hearing if.as a result of a disability,you require reasonable accommodations in order to Seventeenth day of September A.D. 2014 and the ppaarnticipate in this hearing..Any backup material,exhth tr or minis. pre�+iously sulxnitted to the Board of County Gommis• last publication thereof: in the issue of said sinners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners.located within newspaper bearing the date of the the Weld Col rado betwee ih hour aof 8:O0 a,and 50 O Street,0 .nt, Seventeenth day of September A.D. 2014 that Monday thru Friday,or may be=ceased the Weld County Web Pane fwww.eoweirtmo us) B _messages sent said The Greeley Tribune has been published to an indvidual Commissiorer may not be included in the case tile. To ensure irldusiofl of your E-Mail correspondence into the continuously and uninterruptedly during the period case file,please send a copy to egesick Wco.weld.ca.us. ORDINANCE NO. 2014-10 of at least six months next prior to the first issue ORDINANCE EEDfNACT NG.IWITHAMENDMENTS,: IN THE ROHAPF E REPEALING9 CO AND I- thereof contained said notice or advertisement NATED PLANNING AGIIEEMENI'S,OF THE WELD COUNTY CODE above referred to; that said newspaper has been DATE OF NEXT READING: September 25.2014,.at 9:00 a.m. admitted to the United States mails as second-class BOARD OF COUNTY COMMISSIONERS matter under the provisions of the Act of March WELL,COUNTY,COLORADO DATED: September 12.2014 3,1879, or any amendments thereof; and that said The Tribune newspaper is a daily newspaper duly qualified for September,7 2014 publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. September 17,2014 Total Charges: $8.71 agkr 0:.(A 17th day of Se e e 2014 My Commission Expires 6/14/2017 41(1/64/ Notary Public ROBERT LITTLE r ti NOTARY PUBLIC ti STATE OF COLORADO ti NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14,2017 d, NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-10 published below, was introduced and, on motion duly made and seconded, approved upon first reading on August 18, 2014, A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on September 8, 2014. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE DATE OF NEXT READING: September 8, 2014, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 22, 2014 PUBLISHED: August 27, 2014, in the Greeley Tribune 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, and has demonstrated the capability of providing municipal services and facilities (including water and sewer services based on the municipality's code) with in the THREE (3) MILE AREA, as defined herein; and C. Title 29, Article 20, of the Colorado Revised Statutes, grants broad authority to local governments to plan for, and regulate, development and use of land within their respective jurisdictions, accomplishing such activities through public processes that respect, protect, and promote private rights; and D. Title 29, Article 20, of the Colorado Revised Statutes authorized and encouraged local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building and related regulatory powers; and E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate that the joint and coordinated exercise by COUNTY and MUNICIPALITY of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this CPA. F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan, set forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which encourages the establishment of intergovernmental agreements concerning growth areas with each municipality in Weld County. Amend Sec. 19-5-30. Purposes and objectives. The purpose of this CPA is to establish procedures and standards pursuant to which the parties will move toward greater coordination in the exercise of their land use and related regulatory powers within unincorporated areas surrounding MUNICIPALITY. The objectives of such efforts are to accomplish the type of development in such areas which best protects the health, safety, prosperity and general welfare of the inhabitants thereof, and to achieve maximum efficiency and economy in the process of development. However, any action taken pursuant to this CPA that pertains to any land within MUNICIPALITY, for incorporated areas, and within COUNTY, for unincorporated areas, is subject to exclusive final approval by the governing body of MUNICIPALITY or COUNTY, respectively. Amend Sec. 19-5-40. Definitions. For the purposes of this CPA, the following terms shall be defined as set forth herein: Development. Any land use requiring regulatory approval by the elected governing body of the applicable party in the THREE (3) MILE except for an amendment to a plat or a down- zoning, neither of which creates any additional lots and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural uses, which are lawful uses, either as uses by right under the Weld County Code, or as legally existing nonconforming uses, are also exempt from the definition of Development. THREE (3) MILE AREA. The area as defined by Colorado Revised Statutes, C.R.S. 31- 12-105.1.E. 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 AREAUpon 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 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. 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 boundariesand 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 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) MILEAREA 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 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, 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). 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 19-12-80D and 19-12-80E 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 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. Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Desirea Larson of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement,of which the annexed is a true copy, has been published in said daily newspaper for consecutive(days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty-seventh day of August A.D. 2014 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty-seventh day of August A.D. 2014 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. August 27,2014 Total Charges: $135.00 27th day of Apgu t 14 My Commission Expires 6/14/2017 i Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO MY COMMISSIONIPEXPIIRES JUNE 14,2017 0 FIRST NEAJI :F R NONCE t- A 0c 19 5 l0 Purposes and oblectives AurSant in the Nerd Court' "a li 3 e m., .c,2014-10 pub- The asipose or this CPA is to establish procedures sb standards pursuant to which shed below was introduced and,on roman duly made and seconded approved the parties will me se toward greater d atio' ha exercise of their land use and upon first reading on August 18 20'4.A public nearing and second reading is related regulatory powers within c porated areas surrou tl ng MUNICIPALITY scheduled to be held in the Chaniter5 of the Board.located Alan the Weld County The objectives of such efforts are to accomplish the type of development in such Administration Building 1150 0 Street.Greeley Colorado 80631 or September areas which best protects the he nth.safety prosperity and general welfare of the 8.2014 All persons any manner interested in the reading of said Ordinance are innabitants thereof and to achieve maximum efficiency and economy in the process requested to attend and may be heard. of development.However any action taken pursuant to this CPA that pertains to any lend within MUNICIPALITY-nor incorporated areas,and within COUNTY,for Please contact the eters to the Board office at pnone 1970,336-7215 Extension unincorporated areas is aublec1 to exclusive final approval oy the governing body of 4225.or fax(9701352-0242 prior is the day of the hearing if as the result of a dis- MUNICIPALITY or COUNTY.respectively ability you require reasonable ac' n odatidns rr order to panic pate this hearing. Amend Sec. 19-5 40 D Onhtions- Any backup material exhibits o r intormat to previously submitted to the Board of For the purposes his CPA,the folio*ng terms snail be defined as set forth County Commissioners concerning this matter may be examined in the office of herein - the Clerk to the Board of County Commissioners,looted within the Weld County Deeelo en[Any land use requiring e u!am approval by the erected Administration Building 1150 0 Street Greeley.Colorado between the tours of pm r g ry ppr 8.00 a m.and 5-00 p m. Monday thru Friday or may be accessed through the Weld governing body of the applicable party in the THREE(3i MILE except for an amend- County Web Page(www co weld no us) E-Mail messages sent to an individual 'rent to a plat or a down-zoning neither of which creates any additional lots and Commissioner may not be included in the case file. To ensure inclusion of your E- except tor a Recorded Exemption or Subdivision Exemption.Existing agricultural Mail correspondence into the case file please send a copy to egesick Saco weld co ususes-which are lawful uses either as uses by right under the Weld County Code. or as legally existing nonconforming uses are also exempt from me definition of ORDINANCE NO 201410 Development. ORDINANCE TITLE IN THE MATTER OF REPEALING AND REENACTING.WITH THREE(31 MILE AREA- The area as defined by Colorado Revised Statutes. AMENDMENTS.CHAPTER 19 COORDINATED PLANNING AGREEMENTS.OF C.R.S.31-12.105.1.E. THE WELD COUNTY CODE Amend Sec. 19x5-50.Planning coordination DATE OF NEXT READING. September 8.2014.at 3'00 a.m. This CPA is intended to be a Comprehensive Development Plan adopted and implemented pursuant to C.R.S.29-20-10512).Following the execution of this CPA BOARD OF COUNTY COMMISSIONERS by both parties applications to COUNTY for DEVELOPMENT within the THREE(31 WELD COUNTY COLORADOMILE AREA shall be processed and determined in accordance with the following- DATED. August 22.2014 A. Referral.COUNTY shell refer all proposals for DEVELOPMENT within the PUBLISHED- August 27 20'4.In the Greeley Tribune THREE a)MILE C AREA m MUNICIPAL fpr tsosa review foiD and DEVELOPMENT within.Such ..- .,. referral shall include at least a copy of the written DEVELOPMENT proposal and pre- WELD COUNTY uminary COUNTY staff summary of the case.COUNTY shall allow not less than twen- CODE ORDINANCE 2014-10 ry-one(211 days for MUNICIPALITY to review the referral and furnish its recommen- dations to COUNTY staff prior to formulation of the COUNTY staff recommendation If IN THE MATTER OF REPEALING AND REENACTING.WITH AMENDMENTS the MUNICIPALITY does not respond within such time.COUNTY staff may proceea CHAPTER 19 COORDINATED PLANNING AGREEMENTS.OF THE WELD wan its recommendation Put any comment or recommendation from MUNICIPALITY COUNTY CODE received on or before the Thursday immediately preceding the meeting of the Board of County Commissioners 0 Planning Commission when the matter shall be con- BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE aidered shall be transmitted i, ' fl d or Commission if MUNIC PALITY submits COUNTY OF WELD.STATE OF COLORADO. no comment or recommerc,„r me it has nn objection to the proposal.It MUNICIPALITY I- _ 'JNTY shall either include WHEREAS.the Board of County Commissioners of the County of Weld.State of within'its written decision A, - ontrary to the same or Colorado-pursuant to Colorado statute and Inc Wet°County Home Rule Charter is furnish such reasons to MI 7 ,err n19. vested with the authority of administering the affairs at Weld County Colorado.and g. Development Within Iri.T -- !ILF' 1.^,EAUpo,•..eceipt of any WHEREAS.Inc Board of County Commissioners,or December 28.2000.adopted or000sal for DEVELOP t n _ TAT REFERRAL AREA then Weld County Code Ordinance 2000 i enacting a comprehensive Code for the County currently eligible for volur ra( 1 >_*TY COtINTY shall in wnt- dl Weld including the codincation of all previously adopted ordinances of a general ing.at the time of a pre-applicatio n ir s i.r of Planning Services,notify and permanent nature enacted on ur before sale date of adoption and the proponent of the opportunity tor annexation I rie Ar,'actor of Planning Services shall in writing.notify MUNICIPALITY's mayor and his or her designee of the pro- WHEREAS the Weld County Code is in need oh rev Sion ass clarification with regard posal. MUNICIPALITY shall have twenty-one t2li days following contact by the to procedures terms and'equirements therein proponent-whicn snail be documented in writing'with a copy of COUNTY)-to notify COUNTY in writing that MUNICIPALITY and the applicant have agreed to the terms NOW.THEREFORE-BE IT ORDAINED by the Board of County Commissioners of of a pre-annexation agreement-COUNTY shall not process any application until the the County of Weld State of Colorado-that certain existing Chapters of he Weld completion of said twenty-one'21i days or until COUNTY receives notification from County Code be and hereby are repealed and re-enacted with amendments and the MUNICIPALITY that a pre-annexation agreement between MUNICIPALITY and the various Chapters are revised to read as'ollows. the applicant will not be pursued-whichever occurs sooner If no such notification is received by COUNTY during said twenty-one 1211 days processing of the application CHAPTER i9 shall continue oy COUNTY to completion. COORDINATED PLANNING AGREEMENTS C. Mutuality of Impact Consideration.The cartes recognize that decisions by one ill party regarding development may impact property outside of its jurisdiction.The par- Article V ties agree mat jurisdictional boundaries shall not be the basis for giving any greater or nuunwsupig Ilan lesser weight to those impacts during the course of deliberations. Amend Sec 19.5-10.Introduction. 0 Referrals to County MUNICIPALITY will refer proposals for DEVELOPMENT This Coordinated Planning Agreement i'CP is made and entered into dbec- which lie within five hundred i5001 feet of any property in unincorporated Weld We as of the 29th day of September 20'4 Al oe weer the Board of County County to COUNTY tot its review and recommendation.Such referral will include at Commissioners of the County of Weid.State of Colorado.*nose address is 1150 least a copy of the written Development proposal.MUNICIPALITY shall allow not O Street P O Sin 758 Greeley CO 80632 nereinafler called the"COUNTY'and less than twenty-one(21)days for COUNTY to review same and furnish its recom- the town of Keenesburg.o Colorado Moninipai nrimnrntion whose address is i40 mendations to MUNICIPALITY a COUNTY sutras comment endation, South Main Street.P 0.Box 312 Keenesburg.CO 80643-hereinafter called the MUNIDIPALI I Y may assume it has no oblection io the proposal II COUNTY submits 'MUNICIPALITY' recommendations.MUNICIPALITY shall either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to Amend Sec 19-5-20.Recitals. COUNTY by a separate writing.Where the DEVELOPMENT is proposed as part of A. COUNTY exercises exclusive governmental autnorrty regulating land use growth an annexation of more than ten i10)acres.the provisions of this Section shall be and development within the unincorporated areas of Weld County.Colorado which deemed satisfied by compliance by MUNICIPALITY with the Notice and impact state- areas include lands surrounding MUNICIPALITY arc went provisions of toe most current version of the Municipal Annexation Act then in effect.If any COUNTY recommendation of disapproval of a Development proposal a. MUNICIPALITY exercises exclusive governmental authority with respect to land within five Hundred;5001 feet of any properly in unincorporated Weld County is based use growth a ro development wimin its municipal boundaries and regarding its upon a conflict is iincompatibility between proposed uses In the Development and annexations and has demonstrated the capability of Providing municipal set Ices and existing or anticipated zoning classification for the property.MUNICIPALITY may facilities i in *mini waisev desnaanr mem nu .11y_.,oriel with in approve reasonably oItMUN) such conflit11 that oosuch conflict iserrincompatibility the THREE i3)MILE AREA.as tlefinetl herein and shall r is!that occur e mi2)tigation any such conflict orto be imposed incompatibility is deemed to beTY mini- as meld or(sh that vale hall eliminate measures de to o by MUNI consequences nseI a as tCo Title rn.Article 2pl plan the and Colorado Revised Statutdevelopment grants of dis authority to conditionincompatibility offyapproval rnf shall ts al adequately mitigate adversemaconse r and of treat governments o saccomplishingcol pis ing suc ae itiemem agha c lr c within mein neard affi,y y err innfori COUNTY eda11 wr ic oUNI I ALI Y s allconr err be respective otect.and pr such activities through pudlic processes fifth heard at any hearing or diner proceeding at which MUNICIPALITY shall consider such respell,protect and promote Private rights and rsadea. 0. Title 29.Article 20.of the Cateredo Revised Statutes authorized and encouraged Delete Sec-19360.Annexation. local governments to cooperate and contract with each other tor the purpose 01 plan- ning and regulating the development of land by the joint and coordinated exercise of Renumber Sec 195-70 to become Sec. 19-5-60 Implementation of CPA,and amend planning zoning subdivisions building and related regulatory powers and as follows. E. Pressures ton growth and development in MUNI CIPALITY and COUNTY indicate Following the mutual execution of this CPA,each party shall promptly that the mint and coordinated exercise by COUNTY and MUNICIPALITY of then enact and implement such amendments to its existing regulations as may be neces- respective planning,zoning subdivrsion.building and related regulatory powers in tam to give effect to the provisions of Section 19-5-50 above Each party shall have such areas will oast promote me objectives staled in this CPA sole and exclusive discretion to determine such measures and any new ones enabling rt to perform this CPA.Each party s land use regulations as referred to herein are F This CPA adheres to the objectives and Policies of the Weld County ordinances whose amendment requires certain formalities including notice and public Comorenensive Plan-set forth in Section 22-2-40 of the Weld County Code ana in hearings. The mutual covenants in this Section and elsewhere to implement this CPA a-tic lar.Ufa_pal 2. which encourages the establishment of intergovernmental promptly are given and received with mutual recognition and understanding of the agreements e ing growl*areas with each mr.n c oa ity Weld County legislative processes involved,and such covenants shall be liberally construed in light thereof Add Sec 19-5-7C ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS MUNICIPALITY and COUNTY shall wdM1ln one 1')year of the effective date of this CPA.enema'to agree to estabhsn common development standards within designated leas 'uh,' e Cie ,n Olr,NinRAUTM s bourdarles anolor within Inc tHREE i31 Maiedw AREA.Common uhorm opmedl sign.access should spicing but not to e inland is- roadwaye'types we ea emensta and uaceseantl spacing)and drain tape,or-site.off-;rte.discharge easements.and Ieyional facilities? 7r V Sec 19.5-HO Miscellaneous provisions A- Severamlit., Shoupd ant one i I or mere -ctions of paragraphs of this CPA be B. Development Within the THREE(3)MILE REFERRAL AREA.Upon receipt of hidictally determtned trivaiin of unenforceable such ludgme t shall not affect impair any proposal for DEVELOPMENT within the THREE(31 MILE REFERRAL AREA then or alit t the rerecii0r9 provisions of this CPA.the intention being that the various currently eligible for voluntary annexation to MUNICIPALITY.COUNTY shall.in writ- sections and y ep v everable provided however that the parties shall then mg,at the time of a pre-application with the Department of Planning Services.notify ror eview the cernaininb urothrons to determine if the CPA should continue.as modified, the proponent of the opportunity for annexation.The Directoi of Planning Services if the CPA should oe e t too shall.In writing,notify MUNICIPALITY's mayor and his or her designee of the pro- g rermmatioa TM1is CP4 shall continue in enact until for a period of oneyear hum posal. 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 the date first written above,and shall be renewed automatically thereafter for suc- COUNTY in writing that MUNICIPALITY and the applicant have agreed to the terms cessive one-year periods.Notwithstanding the foregoing however-either party may of a pre-annexation agreement.COUNTY shall not process any application until the lermtnate this CPA oy grvmg at least twelve I'21 months'written notice thereof to the completion of said twenty-one(21)days,or until COUNTY receives notification from other party the MUNICIPALITY that a pre-annexation agreement between MUNICIPALITY and C Amendment.Upon the request of either patty.this CPA shall be subject to the applicant will not be pursued.whichever occurs sooner. If no such notification is amendment 1 received by COUNTY during said twenty-one(21)days.processing of the application according to the same procedures as the original adoption(requiring the shall continue by COUNTY to completion. written consent of the amendment by both parties and compliance with the proce- dures detailed in Sections I9-5-80.D and 19-5-8RE 01 thus CPA). C. Mutuality of Impact Consideration.The parties recognize that decisions by one(1) D. Adoption by MUNICIPALITY MUNICIPALITY shall at public heering157 consitler party regarding development may impact property outside of its jurisdiction.The par- Nis CPA for adoption upon published notification. MUNICIPALITY shallprovide a ties agree e i that jurisdictional thimpacts ibs during the shall not be f the basis i for giving any greater or complete record of such public heanng(st to COUNTY for review prior to he start of lesser weight to[hose impacts during course of tlelibarations- COUNTY's adoption process detailed in Section 19-5-80.E.below. 0 Referrals to County.MUNICIPALITY shall refer proposals for DEVELOPMENT E Adoption by COUNTY COUNTY shall,upon published notification consider this 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 CFA for adoption and amendment to Chapter i9 of the Weld County Code. In the copy of the written Development proposal.MUNICIPALITY shall allow not less than course of such adoption process.COUNTY shall review the complete record of the twenty-one(21)days for the COUNTY to review same and furnish its recommen- public hearing(s)held by MUNICIPALITY wherein it considered this CPA for adoption dations to MUNICIPALITY-II COUNTY submits no comment or recommendation, The effective date of this CPA shall be its effective date of amendment to the Weld MUNICIPALITY may assume it has no objection to the proposal.If COUNTY submits County Code recommendations,MUNICIPALITY shall either include within its written decision ARTICLE XII the reasons for any action taken contrary to the same or furnish such reasons to Fort Lupton Plan COUNTY by a separate writing.Where the DEVELOPMENT is proposed as part of an annexation of more than ten 110)acres-the provisions of this Section shall be Sec. 19-t 2-10.Introduction deemed satisfied by compliance by MUNICIPALITY with the Notice and impact state- Amend This Coordinated Planning Agreement('CPA-)is made and entered ment provisions of the most current version of the Municipal Annexation Act then In into effective as of the 29th day inning September.r ment A.D.between st a Board t of effect,If any COUNTY recommendation of disapproval of a Development proposal County Commissioners of the County of Weld,State of Colorado,whose address is Loin five hundred incompatibility feet of any en proposed o in unincorporated s Development Weld e is based 1150 0 Street.P.O.Box 758,Greeley CO 00632.nereinafter called the''COUNTY.• upon a conor flict anorticipated It d zoning between r uses in.MUNICIPALITY Uand and the CITY OF FORT LUPTON,a Colorado Municipal corporation-whose address approvng santicipatedCIPAgTYfinds:(1) for the property. may is'30 S.McKinley.P O.Box art.Fort Lepton CO 80621.hereinafter calletl the approve same if MUNICIPALITY finds:(1)that no such conflict or incompatibilitymni shall -MUNtCIPALIT'- or(3)that 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 coral- Amend Sec. 19.1 240 Recitals lions of approval shall eliminate or adequately b egi mitigate adverse consequences of A. COUNTY exercises exclusive governmental authority regulating land use.growth incompatibility or conflict-COUNTY shall be given notice of,and may appear and be and development within the unincorporated areas of Weld County.Colorado.which heard at any hearing or other proceeding at which MUNICIALITY shall consider such areas include lands surrounding MUNICIPALITY and issues. B MUNICIPALITY exercises excausivegovernmental authority Delete Sec.19-12-60.Annexation. 'and.Ise LI and development with respect to growth pment within its municipal boundaiiesand regarding its Amend Sec.19-12-70 to become 19-12-6D Implementation of CPA.annexations.and nos demonstrated the capaoibty of providing municipal services and Following p y facilities(including water and sewer services based on the municipality's code)within the mutual nts to of this regulations e each party may be promptly ry to ot and the THREE;3t MILE AREA as defined nereih and implement such amendments io its existing as necessary give effect to the provisions of Section 19-12-50.Each party shall have sole and exclusive CTitle 29-ArLme 20 ci the Gatorade Revised Statues,granted broad authority to discretion to determine such measures and any new ones enabling 1t to perform this local governments to plan for add regulate development and the use of land within CPA.Each party's land use regulations as referred to herein are ordinances whose their respective lurisdiction accomplishing such activities through public processes amendment requires certain formalities,including notice and public hearings.The that respect protect and promote private property rights:and mutual covenants in this Section and elsewhere to implement this CPA promptly are given and received with mutual recognition and understanding of the legislative pro- cesses' Title 29.Article 20.of the Colorado Revised Statutes authorized and encouraged involved,and such covenants shall be liberally construed in light thereof. local governments to cooperate and contract with each other for the purpose of plan- Add Sec. 19-1290.ESTABLISHMENT OF COMMON DEVELOPMENT nine and regulating the development of rand by the joint and coordinated exercise of STANDARDS. MUNICIPALITY and COUNTY shall,within one(1)year of the effec- planning,zoning,subdivisions outiding and related regulatory powers:and bye date of this CPA.attempt to agree to establish common development standards Pressures+or and development in areas surrounding the MUNICIPALITY within designated areas,which may include areas within MUNICIPALITY's boundaries and COUNTY for growth E that /e and coordinated areas exercise by the MUNICIPALITY COUNT I and/or within the THREE(3)MILE AREA Common development standards should the MUNICIPALITY of their respective planning,zoning.subdivision,building and Inclutle but not be age(o to.roadways.oR-site (types,9-e.ea. ments,t gio access and "elated'egulatory powers in such areas will best promote the objectives stated in this spacing)and drainage(on-site.off-site-discharge-easements.and regional facilities)- CPA Sec.19-12-00.Miscellaneous provisions. F rhic I'pA tlh _ ' b -_„ e and Rol 'c ,he'A. vpvllty A. Severabilpy.Should any one 111 or more sections or pamgraphc of thin CPA he Comprehe e e We set forth r Section 22-2 40 of the Weld County Code antl,m judicially determined invalid or unenforceable,such Judgment shall not affect,impair pa Lcutar UD.Ooaa 2..which encourages the establishment of intergovernmental r or invatrsate the remaining provisions of this CPA,the intention being that the various agreements concerning growth areas with each municipality in Weld County. sections and remaining paragraphs are Severable,provided,hCPAv should df the parties moll then orre if the h the remaining be termins a determine if the CPA continue as modified. Amend Sec r9-12-30.Purposes and objectives or if CPA should terminates The purpose of this CP4 s to establish procedures and standards pursuant B. rm1 pyear from the to•shirh the ei w move toward greater coordination in me cxeretse of their -r MIS CPA will continue bet renewed en In effect for a allot of one land use and related regulatory powers within unincorporated areas surrounding one-te tear penods wrinon above,and shall the automatically ether art for may terminate MUNICIPALITY The Objectives of such efforts are t0 accomplish the type of develop- one-Cear . at least twelve months' however.either party terminate went in such areas which best protects the nealth.safety. this CPA by giving at least twelve ry2)months'written notice thereof to the other cc and general c welfare of the inhabitants thereof.and to achieve maximum efficiency and economy in party the process of development However any action taken pursuant to this CPA that per- C Amendment.Upon the request of either party.this CPA shall oe subject to tains to any land within MUNICIPALITY for incorporated areas.and within COUNTY. amendment according to the same lotunincorporated areas is subject to exclusive final approval by the governing body procedures parties as the compll nce h(requiring f the of MUNICIPALITY 01 COUNTY respectively. written consent of the amendment by both 19- 2- and compliance with the p[CCe- dures detailed in Sections I9-12-BCD and 19-12-80E of the CPA). Amend Sec 19-'2-40.Definitions. D. Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearings)consider For the purposes c r, - 'he fnitowing terms shall be defined as set forth this CPA for adoption upon published notification MUNICIPALITY shall provide a harem complete record of such public heartng(s)to COUNTY for review prior to the stall of Development Any ) s9- .. he elected govern- ing COUNTY'S adoption process detailed in Section 19-12-80.E.below body of the aool.si .v aHFl d, ex::cot for an amend- E. Adoption by COUNTY COUNTY shall. CPA for adoption and amendment to Chapter 19 of notification he WeltlC unty Code. IIn the s ment to a plat or a down th it 9. tufiret 't onion z tunes. a - t t ro a cats and course of such adoption process.COUNTY shall review the complete record of the except fora Recorded tt e.r b n- , e r t stating agricultural public heartng(s)held by MUNICIPALITY wherein It considered this CPA for adoption uses,which are lawful„ses r as :see n, grit ,1e' :waster 23 of the Weld The effective date of this CPA shall be its effective date of amendment to the Weld County Code,or as legally existing non-cuntornm9 'van the alsr exempt from Inc County Code. definition of Development. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby THREE(31 MILE AREA. The area defined by Colorado Revised Statutes,C R.S. is,directed to arrange for Colorado Code Publishing to supplement the Weld County 31-12-105.1.E. Code with the amendments contained herein,to coincide with chapters,articles. divisions,sections,and subsections as they currently exist within said Code:and Amend Sec. 19-12-50.Planning coordination. to resolve any Inconsistencies regarding capitalization.grammar.and numbering or This CPA Is intended to be a Comprehensive Development Plan adopted and placement of chapters,articles,divisions,sections,and subsections in said Code. implemented pursuant to C.R S.Section 29-20-105(2),Following the execution of this CPA oy both parties,applications to COUNTY for DEVELOPMENT within the THREE BE IT FURTHER ORDAINED by the Board if any section.subsection.paragraph. (3)MILEAREA SHALL BE processed and determined in accordance with the follow- sentence.clause,or phrase of this Ordinance is for any reason held or decided to be ing' unconstitutional,such decision shall not affect the validity of the remaining portions A. .COUNTY shall refer all for DEVELOPMENT within the hereof. The Board of County Commissioners hereby declares that lt would have THREE 3 Referral CO AREA to the MUNICIPALITY proposals o for its review and f enacted this Ordinance in each and every section.subsection.paragraph.sentence ( ) recommendation clause end phrase thereof irrespective of the fact that any one or more sections. Such referral shall include at least a copy of the written DEVELOPMENT proposal subsections.paragraphs.sentences.clauses-or phrases might be declared to he and preliminary COUNTY staff summary of the case COUNTY shall ailow not less unconstitutional or invalid. then twenty-one i21)days for MUNICIPALITY to review the same and furnish Its recommendations to COUNTY staff prior Ic formulation nt the COUNTY stab,lea: The Tribune ommerioauoo it the MUNICIPALITY coca not respond within such time.COUNTY August 27 2014 stall 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 mailer shall be considered shall be transmitted to toe Board or Commission.If MUNICIPALITY submits no comment or recommendation.COUNTY may assume �— it has no objection to the proposal.If MUNICIPALITY submits recotnntctinutions. n COUNTY shat eitherr include'thin its wnnen decision the tcucurtb any action taken contrary to the same or furnish such reasons to t t 4! oy a sepa- \-.._.01 rale writing. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on September 8, and September 29, 2014. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET#: 2014-60 PLANNING COMMISSION DATE: August 5, 2014 TIME: 1:30 p.m. BOARD OF COMMISSIONERS DATE: August 18, 2014 TIME: 9:00 a.m. PRESENTED BY: TOM PARKO REQUEST: CODE ORDINANCE #2014-10, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: July 11, 2014 PUBLISHED: July 16, 2014, in the Greeley Tribune 2014-2564 Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1 Desirea Larson _ of said County of Weld, being duly sworn, say that I am art advertising clerk of THE GREELEY TRIBUNE, NOTICE Pursuant to the zoning Was a the State of Colorado and to that the same is a daily newspaper of general weld County Code,a putts heereg wel be held ltafoia the Weld circulation and printed and published in the City of Commission and the Boma of County ComMa- D °"t Hearing Roan.Weld�ny; the � Aretilau tion Greeley, in said county and state; that the notice or aped- lied w nsoosa• ASemen end Hint mating of salon Omew awM advertisement, of which the annexed is a true copy, be considered on and Septettes(20,2014. mewco en September�w e.examined§V alkpdw*Depen- has been published in said daily newspaper for of �nestpe ueCee„t°��°i „ �" rtanqa- consecutive published or to office otd.terke pM (days): that the notice was in Boards County Commissioners,Weld County Administration the regular and entire issue of every number of said &Oleg,1150 Street Greeley,Colorado 00131.E-Mail,, . g sages eeMtoan individual Oomntaelmar may not be Included in eI news a during the period and time of h e base be.To enemy ll a. ,a your E.MNmrroeoaaarce newspaper Into case Me adorto lM Planning Commission hearmy publication said notice, in mime call the apartment a Mammy Services to obtain theP on of and the newspaper appgrpdate contact kdomatw,.For ktdwaaa any camege- proper and not in a supplement thereof; that the demes Ocoo or to veid.co NddCarmlaela.rehwlnpEa.gsee- first publication of said notice was contained in the t apoun reporter is desired lor eiderhymy plasm advise the NpartftentolNamingSendcpad.OlerktotheBoard's Oh Sixteenth day of July A.D. 2014 and the last lice,in venting,at least eve days prim to the haring. The costa inn r in ' .oue theM g publication thereof in the issue of said newspaper MOIDleatellkie Act If special accommodations are required la order lor you to participate in bearing the date of the this hearing contact the Department of Planning Serve- es avg l 3010005E 1g m.Et 4224�bawrlYm B day c4 the oards Oh Sixteenth day of July A.D. 2014 that said The AS .chedwedlbefore the planning caanwlma Boast of Greeley Tribune has been published continuously County Cam T4tonene erewp.p fo continuance.WO to lack of quowm or Shane's°.Connell the Department ol Pl(a&gser- and uninterruptedly during the period of at least six hearing the Clerk to continuance the i°"I"„the"""'°"a'°°"'for months next prior to the first issue thereof DOCKET GM0 PUNNING COMMISSION DATE:August 5.0014 contained said notice or advertisement above 144E: 1:30 0F COMMISSIONERS DATE:Muesl16.2014 referred to; that said newspaper has been admitted nt,E: 9:00 am. to the United States mails as second-class matter PRESENTED By:TOM PARKO REQUEST;CODE ORDINANCE*201410,IN THE MATTER under the provisions of the Act of March 3,1879,or OP REPEALING AND RE-ENACTING,WITH AMENDMENTS, CHAPTER 1COORDINATED PLANNING AOaPFMPNTS.OF any amendments thereof; and that said newspaper 11412 ` PLANNING CO SStON W19.00 COU is a daily newspaper duly qualified for publishing • D. 11.20114 COLORADO legal notices and advertisements within the /pitch ne meaning of the laws of the State of Colorado. /Joel 1st,2014 July 16,2014 Total Charges: $10.73 16th day of J I 2 I My Commission Expires 6/14/2017 • Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF DO NOTARY ID 20014018494 01 My COMMISSION EXPIRES JUNE 14,2017 Hello