HomeMy WebLinkAbout20092628RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING LAND USE
REFERRALS WITHIN A COOPERATIVE PLANNING AREA AND AUTHORIZE CHAIR
TO SIGN - CITY OF GREELEY
WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with an Intergovernmental Agreement
Concerning Land Use Referrals within a Cooperative Planning Area between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Planning Services, and the City of Greeley, commencing upon
full execution, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement Concerning Land Use Referrals within
a Cooperative Planning Area between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Planning
Services, and the City of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of October, A.D., 2009.
BOARD OF Q�QQUNTY COMMISSIONERS
WELD COLT Y,, COLORADO
ATTEST:
Weld County Clerk to the
BY:
APPROVEQ AS
ounty Attorney
Date of signature: /9-) 1'9
eputy C
am F. Garcia, Chair
142 VICEr
ougI4 ademac er, Pro Tem
Conway
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S Cara Kirkmeyer
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cep,
David E. Long
2009-2628
PL0053
1.0(a13 -1O9
Memorandum
t**on
IIIlk
COLORADO
TO: County Commissioners
FROM: Brad Mueller
Department of Planning Services
DATE: September 30, 2009
RE: FINAL Weld -Greeley IGA, a follow-up to
the East Greeley/Weld County Study
CC: Kim Ogle, Interim Planning Director
Bruce Barker, County Attorney
Attached is a copy of the final Weld -Greeley Intergovernmental Agreement ("IGA"), prepared at the
conclusion of the East Greeley/Weld County Study, which was jointly conducted with staff at the City
of Greeley during the last two years.
Planning Staff requests that this Agreement be scheduled for adoption by the Board of County
Commissioners and recommends its approval.
Board members reviewed previous draft versions of this Agreement, most recently on June 16 at a
work session. At that time, you indicated that you would like to see a number of changes. These
changes to the draft were forwarded to the City, and their City Council has agreed to all of the edits
proposed by the Board. The City requested some minor technical revisions, which staff and
Commissioner Rademacher have reviewed, and which are incorporated in the final draft presented
to you.
As you know, the study process resulted in extensive demographic research, field work and
documentation of conditions, focus groups discussion with specific land use representatives (such
as the Greeley -Weld Airport, CDOT, etc.), and extensive public meetings with area landowners.
The resulting IGA can be used to increase communication with the City on a range of issues,
designed to address the interests expressed by County residents living in the East Greeley area.
I will look forward to presenting this to you, and I would be happy to answer any questions or provide
additional information prior to the hearing.
INTERGOVERNMENTAL AGREEMENT
CONCERNING LAND USE REFERRALS WITHIN A COOPERATIVE PLANNING AREA
THIS INTERGOVERNMENTAL AGREEMENT is made this eij-- day of OcMahg,—, 2009,
between, THE CITY OF GREELEY, COLORADO, a home rule municipality (hereinafter,
"Greeley") and the BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO, a body
politic of the State of Colorado (hereinafter referred to as "County")
WITNESSETH:
WHEREAS, the City of Greeley and Weld County cooperate on numerous land use and service
agreements for the betterment of their citizenries; and,
WHEREAS, the parties' growth management areas have been accepted by their respective
planning commissions and governing bodies; and,
WHEREAS, Greeley and County have also identified a Cooperative Planning and Referral Area
(hereinafter, "CPRA") based from a joint East Greeley/Weld County Sub -Area Study (hereinafter
"Study"); and,
WHEREAS, Greeley and County have identified beneficial opportunities to enhance
cooperation and citizen inclusion in land use considerations within the CPRA through a defined system
of land referral and comment measures; and,
WHEREAS, Greeley and County desire to enter into this Agreement, the purpose of which is to
promote orderly planning, land use and intergovernmental referrals within this important area.
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES HEREAFTER SET
FORTH, IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS:
1. Coordinated Planning and Referral Area. The CPRA shall include that area included as the
Study area, depicted on Exhibit "A," attached hereto and incorporated herein by this reference.
2. Notice and Comment for Land Use Actions Requiring Public Hearing. Referral of
completed land use applications located within the CPRA that require a public hearing by the elected
officials of the referring jurisdiction, including but not limited to actions such as for annexation,
subdivision, rezoning, conditional use, grant proposals, (hereinafter "Development Referrals") shall be
exchanged between the parties under the following terms:
A. All Development Referral notifications shall be in writing, which may include electronic
communication, unless waived by the receiving party and shall include a transmittal
memorandum and one (1) complete set of application materials for the intended proposal.
B. Development Referrals shall be provided at least twenty-one (21) days prior to the first
public hearing on the land use request. The referring party may request a shorter
turnaround time for a project review if exceptional conditions warrant a more rapid
application processing time. The reviewing party may, at its discretion, provide written
comments on the proposal to the referring party or request additional time for such
review, specifying the exceptional circumstances for an extended review period.
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C. If no written comments or testimony are received as a result to a Development Referral,
the referring party may assume there is no objection in responding to the land use
proposal as presented. If the reviewing party submits comments, objections, or
recommendations, the referring party will either incorporate those comments or provide a
written description of the reason as part of its decision for any action taken contrary to the
same or furnish such reason to the other party by separate writing.
D. It is understood and agreed that best efforts shall be made to meet the intent of the
Development Referral timeframe. In the inadvertent oversight of any referral of a project
for comment, the Development Referral system shall not require the delay of hearings or
decision on any land use matter.
E. Either party may waive any types of Development Referrals for which there is no further
interest in review upon written notification to the other party.
F. Each party shall provide the other with a single point of contact for transmission of the
Development Referrals.
G. The East Greeley/Weld County Sub -Area Study may be referenced in conjunction with
referral comments provided or land use action taken on the Development Referral to the
extent relevant.
3. Courtesy Notice and Comment for Land Use Actions Not Requiring a Public Hearing. To
the extent practical, the parties may use the Development Referral system to communicate plans for site
planning, variances, land use studies, capital improvements, service delivery, and related activity to
enhance communication and cooperation consistent with the goals of this agreement.
4. Release, Hold Harmless, Indemnification. Greeley and Weld County are public entities, as
that term is defined pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
The parties to this Agreement have the benefits and responsibilities enumerated in the Colorado
Governmental Immunity Act. Each party shall defend any and all claims for injuries or damages
pursuant to and in accordance with the requirements and limitations of the Colorado Governmental
Immunity Act occurring as a result of negligent or intentional acts or omissions of the parties, their
officers, agents, employees and assignees. Each party shall provide adequate workmen's compensation
insurance for all of their employees, agents and assigns engaged in activities and functions upon the
property of any other party.
5. No Third Party Beneficiary. It is expressly understood and agreed that the terms and the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, are strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right or cause of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that no person and/or entity, other than
the undersigned parties receiving services or benefits under this Agreement, shall be deemed any more
than an incidental beneficiary.
6. Additions and Modifications. The parties hereto agree that they shall cooperate with each other
in making such additions and modifications to this Intergovernmental Agreement as may be necessary to
effectuate its purpose.
7. Agreement all Inclusive. The terms and conditions within this IGA shall constitute the entire
understanding of the parties with respect cooperation within the CPRA. There are no promises,
covenants or representations other than those set forth herein with respect to cooperation within the
CPRA.
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8. Other Agreements to Remain in Full Force and Effect. Nothing contained within this IGA
shall modify, alter, amend, or otherwise negate any of the terms and conditions of any other Agreement
by or between any of the parties, and therefore all terms and conditions of any other such Agreements by
and between any of the parties shall continue to remain in full force and effect.
9. Term and Termination. This Agreement shall remain in effect indefinitely, but shall be subject
to termination upon six (6) months' written notice by any party.
10. Colorado Laws. This Agreement shall be governed by and construed in accordance with the
laws of the State of Colorado with venue in Weld County.
11. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute
waiver or a waiver of any subsequent breach of the same or another provision of this Agreement.
12. Notices. All notices or other communications hereunder shall be sufficiently given and shall be
deemed given when personally delivered, or after the lapse of ten (10) business days following mailing
by first-class mail, postage prepaid, addressed as follows:
TO GREELEY:
TO WELD COUNTY:
City of Greeley
1000 10th Street
Greeley, Colorado 80631
ATTN: Director of Community Development
Weld County
918 10th Street
Greeley, Colorado 80631
ATTN: Director of Planning Services
13. Effect of Invalidity. If any portion of this Agreement is finally held invalid or unenforceable by
a court of competent jurisdiction as to any party or as to all parties, the parties agree to take such
action(s) as may be necessary to achieve to the greatest degree possible the intent of the entirety of this
Agreement. If any portion of any other paragraph of this Agreement is finally held invalid or
unenforceable by a court of competent jurisdiction as to any party or as to all parties, such invalidity or
unenforceability shall not affect the other paragraphs of this Agreement, except that nay corresponding
right or obligation or any other party shall be deemed invalid.
14. Amendments. This Agreement may be amended in writing only by the mutual agreement of the
governing bodies of the parties hereto.
15. Reliance by the Parties. Greeley and Weld County understand that each is relying upon all of
the promises made by the other party in this Agreement, and each agrees (i) not to assert to any court or
other body the invalidity or unenforceability of any portion of this Agreement; (ii) to promptly notify the
other parties of any legal action which might affect this Agreement; (iii) to allow the other party to
participate in such legal action as the other party deems appropriate; and (iv) to defend this Agreement
in such legal action.
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement
the day and year first written above.
CITY OF GREELEY, COLORADO
APPROVED AS T
By:
orney
L FORM:
APPROV D AS TU SUBSTANCE:
By:
APPR1W D AS TO AVAILABILITY OF FUNDS
COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
County Commissioners of Weld County
By:
ATTEST ,t ,I
Deputy Clerk to the
APPROV
By:
Director .t" nance
Chair, William F. Garcia
T-5
County Attorney
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East Greeley /Weld County
Sub-Area _ Study Summary
September 2009
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East Greeley / Weld County Sub -Area Study
September 2009
Table of Contents
Study Summary
Chapter 1 — Study Overview (with Chapter Table of Contents from full study)
I. Study Background
II. Key Facts and Objectives
III. Progress
IV. Key Findings
V. Recommendations
Chapter 2 — Area History (with Chapter Table of Contents from full study)
I. Background
II. Key Facts and Objectives
Chapter 3 - Demographics (with Chapter Table of Contents from full study)
I. Background
II. Key Facts
III. Key Findings
Chapter 4 - Existing Conditions & Characteristics (with Chapter Table of Contents from full study)
I. Background
II. Key Facts
III. Key Findings
Chapter 5 - Development Suitability (with Chapter Table of Contents from full study)
I. Background
I I. Key Facts
III. Key Finding
Chapter 6 — Study Methods & Findings (with Chapter Table of Contents from full study)
I. Background
II. Key Findings
Chapter 7 — Study Conclusions & Recommendations (with Chapter Table of Contents from full study)
I. Background
II. Key Findings
III. List of Recommendations by Full Study Chapters
Chapter 8 — Implementation/Timetable
I. Implementation Options
II. Recommendation for Implementation of IGA
Study Summary
The East Greeley/Weld County Study is a joint exploration of the existing and future land uses in
a defined area of incorporated and unincorporated land in eastern Greeley. This study can be a
useful tool to help address the existing combination of industrial, commercial and residential
uses that may lead to land use conflicts in the future if they are uncoordinated. While there has
been planning in East Greeley since its inception as part of the Union Colony, no overarching
plan exists that would effectively guide land uses, services and infrastructure development in
order to achieve complementary growth of this community.
The Colorado State Demography Office identified the Weld County population to be about
237,000 in 2006 and projects a population of around 550,000 in the year 2035. This growth
represents an increase of 317,000 people in less than 27 years — an average increase of a new
town the size of Windsor every year for the next 27 years (Windsor's 2006 population being
approximately 11,800). While most of the growth will be in municipalities, there also will be
pressure for development in rural areas adjacent to municipalities such as in the East Greeley
area, the subject area for this East Greeley/Weld County Study.
Land management efforts should take into account natural boundaries that are not always aligned
with existing political boundaries. The multi jurisdictional efforts to produce this East Greeley/
Weld County Study have encouraged cooperative thinking about the study area, which includes
land within both the municipal boundaries of the City of Greeley and unincorporated Weld
County. The study area encompasses 8.8 square miles of land and 3,183 structures. Cohesive
development of this land, given its size and diversity, will benefit from involvement and
cooperation between the governmental jurisdictions, agencies and organizations involved in this
area.
This Study Summary is a brief composite of the full East Greeley / Weld County Sub -Area
Study, dated September 2009. Readers are advised to consult the entire study in order to fully
understand the data supporting the findings and recommendations. The full study also functions
as a complete reference document for historic, existing, and projected conditions in East Greeley.
Study Elements
The East Greeley/Weld County Study includes the following elements:
1. An inventory of natural features, infrastructure and demographics within the study area.
2. An analysis of current land uses and impacts (including zoned, assessed and actual uses).
3. Results from a field survey and research.
4. Results from a citizen survey.
5. Results from citizen open house meetings and citizens involvement in small group meetings
on specific topics such as stormwater drainage, transportation, land uses and schools.
Findings
The Study resulted in numerous findings, which are listed and explored in detail in Chapters 4
and 6 of the full Study.
3
Recommendations
Over 60 recommendations are presented in the full study, based on findings from each of the
study elements. These recommendations are for future on -going consideration by the elected
officials of Greeley and Weld County.
Implementation
The Study can be implemented through a number of tools, which are discussed in greater detail
in Chapter 8:
1. An Intergovernmental Agreement (IGA) between Weld County and the City of Greeley has
been anticipated with the State grant that helped initiate the Study. The grant does not specify
the nature of an IGA, but it is envisioned that an IGA would establish procedures and standards
pursuant to which the City and the County will move toward greater coordination in the exercise
of their land use powers within the unincorporated areas surrounding East Greeley.
2. Sub -Area Plans. Either jurisdiction may want to translate the findings and recommendations
of this study into goals or policies that would apply as a portion of its regulatory framework.
Implementation of the recommendations of this study is at the sole discretion of the respective
jurisdictions, but could take the form of a sub -area plan, land use regulations or changes to
capital planning programs.
3. Resolution of immediate issues. Where citizens identified a specific community problem or
concern, such issues have been addressed while the Study was being conducted. Some resulted
in immediate actions such as monitoring of speeding or reviewing stormwater fee policies, while
others have resulted in separate initiatives such as exploring the possibility of constructing
sidewalks leading to the Bella Romero Elementary School.
4. On -going coordination. Implementation of the findings and information from this study can
and should be on -going. The Study becomes a common point of reference for both the City and
County, with each jurisdiction utilizing it as a basis for on -going communication and
coordination on issues of mutual interest.
4
Chapter 1. Study Overview
Chapter 1 - Project Content (Full Study Table of Contents)
A. Authorization, Scope and Goal E. Public Involvement
. B. Study Area F. Related Plans
C. Key Objectives G. Study Methods
D. Participants
Study Background
In 2007, the City of Greeley and Weld County received a Colorado Heritage Planning
Grant from the Colorado Department of Local Affairs to conduct a comprehensive plan -
study of the East Greeley/Weld County area. The purpose of this study is to evaluate
existing conditions and plan for growth and land uses in the area in a cooperative and
coordinated manner. (See Attachment A, page 21.)
The intent of this study process has been to provide residents, business and property
owners, community leaders and elected officials a means to articulate a shared vision of
the community they hope to enjoy in the future and leave as a guide to those who follow.
It defines how the area is expected to grow in ways that support its City and County
citizens' values by providing guidance through recommendations that will help decision -
makers move toward this desired future.
II. Key Facts and Objectives
Table 1 - Study Area Acreage
Area
Acres
Percent
Total Study Area
5,708
100%
Unincorporated Weld County
3,488
61%
Incorporated City of Greeley
2,220
39%
Area
# of
Parcels
Percent
Total Study Area
2,024
100%
Unincorporated Weld County
502
25%
Incorporated City of Greeley
1,522
75%
Ten key objectives for the East Greeley/Weld County Study are:
1. Strengthen public partnership to facilitate shared goals for the area, while protecting
private property rights.
2. Address infrastructure service issues in a coordinated and area -wide fashion including
clarifying which entities will provide service or the infrastructure, the costs and
associated fees of development and overall development standards, while protecting
the property of existing residents from new development impacts to the degree
possible.
3. Reduce development conflict including urban/rural adjacency issues and those
associated with stormwater, the flood plain/floodways and the airport.
5
4. Limit urban growth within a designated "urban growth area," which is urban -scale
development that is either in current Greeley city limits or is envisioned to be
eventually.
5. Promote high quality future development that is complementary to both urban and
rural lifestyles, which helps protect family farms.
6. Promote quality industrial development, particularly in the northwest and airport
regions.
7. Explore better shopping in the area, particularly a full service grocery store.
8. Promote public safety and the coordination of police and sheriff efforts, reduce
nuisance issues, address vandalism and increase traffic safety.
9. Reduce negative impacts of growth in the area, particularly scenic and wildlife areas.
10. Promote safer equestrian, pedestrian and bicycle use in the area, particularly for
students at Bella Romero Elementary School.
III. Progress
Public input has been a critical component in the conduct of the study. The public has
been involved through three public meetings (August 30, 2007, December 13, 2007 and
March 19, 2009), a mail -out survey to all landowners, an on-line survey located on both
the City of Greeley and the Weld County Web sites and a series of public utility and
service meetings that included property owners.
As of May 2009, Greeley and Weld County already have begun a more concerted effort
to:
1. Consider the East Greeley neighborhood input in the development of capital
construction plans.
2. Consider East Greeley neighborhood input in the development of the update of the
Greeley transportation master plan and development of the Weld County
transportation master plan.
3. Dramatically reduce rural residential stormwater drainage fees, in most cases, by up
to 75%.
4. Hire additional law enforcement personnel in 2008, which has increased the overall
police on the beat in Greeley. While there continues to be vandalism problems,
particularly at the Discovery Bay pool, there seems to be overall improvement in the
area.
5. Fully staff Greeley Code Enforcement, implement new technology, and streamline
the City enforcement process, which is beginning to see positive results.
6. Coordinate efforts to investigate the feasibility of pedestrian sidewalks from the
neighboring residential subdivisions to Bella Romero Elementary School.
IV. Key Findings
A representative sample of neighborhood meeting and citizen survey comments include:
1. The rural residents love the quiet environment of the rural areas.
2. Rural residents do not want to be annexed by Greeley.
3. Residents want more law enforcement present.
4. There is concern about heavy truck traffic.
5. Rural streets are dusty.
6
6. Speeding traffic on 16`h and 18`h Streets is a concern.
7. There are weed and trash problems.
8. Pedestrian and bicycle safety in the area is a concern.
9. Concern is felt about the negative impacts of growth in the area.
V. Recommendations
A list of recommendations based on these and other findings is compiled. See Chapter 7.
7
Chapter 2. Area History
Chapter 2 — Area History (Full Study Table of Contents)
A. Overview and General History F. Sewer Infrastructure
B. Sugar Beets and Migrant Labor G. Residential Development
C. Sugar Beets to Cheese H. Schools
D. Airport I. Cache la Poudre River
E. Highways J. Projecting Land Uses
Background
The east side of Greeley was referred to by early settlers as "The Delta." A rise in the
sugar beet industry resulted in East Greeley area growth that included the construction of
the Greeley Sugar Factory at the east end of 13th Street. In 1905, Colorado entrepreneur
Charles Boettcher helped finance a new venture called the Great Western Sugar
Company. In 2008, Leprino announced it will build a new cheese factory on the site. The
$265 million facility (1st phase) is set to open in 2012.
East Greeley has also been defined by its small truck farms/markets, many of which
remain today. The 1930s brought the current sewer plant which has grown in capacity
and is an award winning modern facility. In the 1940s, Greeley -Weld County Airport
moved to its current location. The 1940s to the 1970s saw the development of the
highways that define two of the study area boundaries. In the early part of the 2000's,
there was rapid residential development due in part to lower cost land and water in the
study area. It is as a result of this rapid growth that many rural residents are concerned
about the future of the East Greeley area.
II. Key Facts and Objectives
The Colorado Historical Society (CHS) has indicated there are no designated historical
sites in the East Greeley study area, though this should not be considered as evidence that
there are no historically significant sites. In fact, at least one resident, speaking at an
open house, asserted that the area included an Indian wintering area and burial grounds.
The CHS indicated that since the areas in question are private, there is little opportunity
for exploration of the area unless it is with the property owners' consent. The CHS has
indicated it could conduct a study for no cost if given the opportunity. This service could
be of great value if interest in preserving such property develops, or if there is a
possibility of public projects in the area in the future.
8
Chapter 3. Demographics
Chapter 3 - Demographics (Full Study Table of Contents)
A. Overview D. Median Income
B. Population
C. Age
E. Home Ownership
F. Summary
Background
According to the 2000 U.S. Census, there were 4,336 residents living in the area with
over 73% of the population living in the Greeley City limits. Approximately 650
dwelling units have been built in the study area since 2000, adding between 1,600 and
1,800 new residents.
II. Key Facts
Table 2 -' Population Comparison
2000
Census
2001-'07
Growth
Total
Percent
Growth
Study Area
4,281
1,700
5,981
39.7%
Airport
0
0
0
0.0%
Eastern Delta
132
0
132
0.0%
Central
587
0
587
0.0%
N.W. Industrial
464
0
464
0.0%
S.W. Residential
3,141
1,700
4,841
45.8%
Greeley
76,818
16,568
93,384
21.6%
Weld County
180,963
243,579
62,616
34.6%
1. The majority of residents live in the central and south west portions of the study area.
2. The southwest residential sector of the study area grew at almost 10% per year
between 2000 and 2004, which was more than double, sometimes triple, the rate of
growth for the rest of Greeley.
III. Key Finding
1. Rural residents do not want further residential growth in the area.
9
Chapter 4. Existing Conditions and Characteristics
Chapter 4 - Existing Conditions & Characteristics (Full Study Table of Contents)
A. M. Transportation
B.
C.
D.
E.
F.
G.
H.
J.
K.
L.
Physical Characteristics
Comparison of Zoning Districts
Analysis of Existing Land Uses
Land Use/Growth
Gateway Elements
Airport
Railroads
Sewer
Water
Stormwater
Irrigation
Gas & Electric
N. Law Enforcement
Oil & Gas
Sand & Gravel
Prime Farmland
Natural Environment
Areas of Ecological Significance
Wetlands
Floodplain/Floodway
Rivers Water Quality
O. Parks and Recreation
Background
The East Greeley/Weld Study area is a 5,708 -acre area bordered by U.S. Highway 34 on
the south, Highway 85 on the west, the South Platte River from its confluence with the
Cache la Poudre River on the east, and Colorado Highway 263 and the Greeley/Weld
County Airport on the north. Over three -fourths of the study area acreage is in
unincorporated Weld County with the remaining portion within the municipal limits of
the City of Greeley.
II. Key Facts
Greeley and Weld County zoning are similar and have been generalized for the purpose of
analysis for the Study.
Table 5 —Percent of Generalized Zoning in the Study Area
Zoning Type
City
County
Total
Acres
Percent
Acres
Percent
Acres
Percent
Total Study Area
2,225
39.0%
3,483
61.0%
5,708
100%
Agricultural
0
0%
2,330
41%
2,330
41%
Residential Estate
102
2%
1
0%
103
2%
Residential Low Density
264
5%
611
11%
875
15%
Residential Medium Density
59
1%
13
0%
72
1%
Residential High Density
0
0%
0
0%
0
0%
Residential Mobile Home
40
1%
0
0%
40
1%
Commercial Low Intensity
4
0%
7
0%
11
0%
Commercial High Intensity
48
1%
75
1%
122
2%
Industrial Low Intensity
34
1%
34
1%
68
1%
Industrial Medium Intensity
1,356
24%
8
0%
1,364
24%
Industrial High Intensity
115
2%
405
7%
520
9%
Planned Unit Development (PUD)
48
1%
0
0%
48
1%
Conservation District
155
3%
0
0%
155
3%
1 Approximately 625 acres, or 70%, of the total residentially zoned property in the
study area is located in unincorporated Weld County. If the Weld County
residentially zoned areas were to fully develop, there could be approximately 2,500
new dwelling units, though 1000 units is a more likely limit. Even if developed at
10
lower densities, the area could support double the number of units that were built in
East Greeley between 2000 and 2008.
2. Bella Romero Elementary School is surrounded by Weld County residentially zoned
land. The high study area population growth from 2000 - 2004, the potential for East
Greeley residential growth and the expected doubling of Greeley and Weld County
population are all factors that may impact Bella Romero Elementary School.
3. Raw water dedication required for development is often more complicated in East
Greeley because of Greeley Ditch #3 water, though it may provide an overall price
advantage.
4. Stormwater management in the study area is a major concern.
5. Virtually the entire study area is within the Greeley Wastewater 208 Service Area.
Central sewer service generally stops at Cherry Avenue due to topography. Of the
318 septic sewer permits in the East Greeley Study Area, nineteen are in Greeley.
6. East Greeley has two of Greeley's seven major entryways and is poised to be a major
employment center, with industrial development at Leprino and the airport. Such
development may prompt the need for construction of an extension County Road 49
through the area, at the preferred alignment designated by County Commissioners in
2004 as part of the Weld County Road 49 Arterial Corridor Study.
7. An East Greeley Traffic Study speed analysis indicated the following three areas of
concern in the unincorporated areas:
1. 16th Street at about Bluebell
2. 18`h Street east of Elder
3. 20`h Street east of Bella Romero Elementary School
There were no significant areas of traffic speed concern within the Greely portion of
the study area.
8. The 97 existing oil and gas wells in the East Greeley Study area have a significant
land use impact on future development due to the required 200' setback for habitable
structures from well heads and tank batteries.
Table 10 — Oil and Gas Locations
Area
Acres
Percent
Total Study Area
5,708
100%
Restricted Land Use, City
75
1.3%
Restricted Land Use, County
230
4.0%
Restricted Land Use, Total
305
5.3%
Well Type
In
City
In
County
Producing
10
83
Shut In
0
4
Permitted, Not Drilled
1
8
9. The confluence of the Cache la Poudre and South Platte Rivers (the delta
region) makes up about one-third of the entire study area. The flood plain and
floodway for the two rivers impact about 27% of the total study area.
10. Commercially viable gravel deposits located on the Poudre River make up
approximately 20% of the study area, while the South Platte River has none in the
study area.
11. The Greeley parks in the East Greeley Study area include 123 acres of soccer fields,
picnic areas, a dog park and the Discovery Bay swimming pool that opened in 2008.
11
III. Key Findings
1. The full development of the Weld County R-1 residential zone district at higher
densities is the alternative to which unincorporated rural residents are most opposed.
2. Weld County has a Right to Farm policy that supports agricultural users of the land
who are not expected to change their long-established agricultural practices to
accommodate the encroachment of urban uses into a rural area.
3. Rural residents and property owners would like to maintain and protect the rural
nature of the East Greely area.
4. That future development in the East Greeley area is of quality design, an asset to the
area that also honors the rural nature of East Greeley.
5. The operation of the sewer plan in relation to odor and truck traffic will require
continued management.
6. Residents desire the opportunity to convert from septic to standard sewer service, if
affordable
7. The cost of water to rural residents is high.
8. The poor stormwater drainage system in rural East Greeley and negative impacts to
the stormwater system by other improvements such as street overlays are a concern.
9. Increasing traffic volume in the area, speeding and truck traffic increasingly
jeopardize pedestrian safety.
10. Increased law and code enforcement presence and coordination in the area to deal
with speeding, vandalism, gangs, weeds and trash is appreciated.
11. There is a desire to protect the natural beauty of the East Greeley area, particularly
along the rivers.
12
Chapter 5 - Developability Analysis
Chapter 5 - Analysis of Development Suitability (Full Study Table of Contents)
A. Overview
B. Assumptions
C. Observations and Recommendations
Background
As part of the East Greeley study, an inventory was made and mapped of the natural
features such as the rivers and floodways as well as the location and capacity of
infrastructure such as roads, the airport, water and sewer systems to understand both the
opportunities and constraints. Developability analysis involves creating maps of
inventory information superimposed on one another to identify areas that provide, first,
opportunities for particular land uses and, second, constraints to development. (See
Attachment B.)
II. Key Facts
The composite map suggests that, generally, the area from the western study boundary to
Cherry Avenue offers minor levels of infrastructure and regulatory incompatibility for
development. Development to the east of Cherry Avenue has increasing levels of cost
and incompatibility between specific land uses and regulatory restrictions, including
development prohibitions in the floodway, the oil and gas tank battery setback
requirements, and impacts from the airport critical flight zones.
III. Key Finding
The mapping exercises identified areas most suitable for urban -level development, and
also indicated areas where it appears urban development would not be as supportable.
Table 17 — Developability Map Observations
#
Key Factors
Observations for "Any Development Category"
1
Flood
Flood plain — Impacts almost one-third of the non -airport study area
Flood way — Exact percent undetermined since not yet designated on S. Platte
2
Mineral Extraction
Gravel — Extraction required by statute when feasible, provides income & opportunities
Oil & Gas Wells — Buyout, capping, directional drilling etc. can add significant cost
3
Water & Fire Lines
North Weld Water has very limited capacity in area. Cost to loop lines is very expensive
4
Roadways
Access and roadways in delta region is very limited but could change with WCR 49
5
Fire Service
Response
Access and water availability significantly limit service beyond main roads. A fire sub -
station at the airport could improve service
6
Sewer
Gravity service is only available to Cherry Ave. Airport has excess capacity and
development of Terra Ciea may open most land south of 18th St. to gravity service
7
Airport
Critical flight zone impacts residential development east of Cherry to S. Platte River
8
Ecological
Category includes critical wildlife, plants and wetlands areas. This map does not impose
any new restrictions but only identifies items regulated elsewhere
13
Chapter 6. Study Methods and Findings
Chapter 6 — Study Methods (Full Study Table of Contents)
A. Citizen Survey & Citizen Comments
B. Field Survey
C. Utility and Citizen Advisory/Focus
D. Notice
Background
A survey was sent to all landowners in the study area in August 2007. The purpose of the
study was to measure residents' level of satisfaction with services and facilities in the
East Greeley/Weld County area. In addition to multiple choice questions, citizens were
invited to make open-ended comments. Residents were asked questions about how much
they like living in the area, their perceptions of the condition of facilities such as access
and street signs, their satisfaction with schools and other public services and their sense
of safety and comfort. The survey and results, the analysis and citizen comments are
presented in the appendix of the full study.
University of Northern Colorado interns physically viewed each parcel and primary
structure in the study area during the summer of 2007 to verify the condition of the site
and structures against the zoning and Weld County Assessor information. The
information gathered through this effort formed much of the basis for the mapping and
analysis efforts found in Chapter 4 — Existing Conditions and Characteristics.
Individual meetings were held with all of the service and utility providers in the study
area. Typically, the meetings were also attended by two to four area property
owner/residents interested in the particular topics. The citizen representatives were
individuals that had signed up for participation at the two open houses. The summary
and final report were also reviewed with the citizens that had participated in the advisory
review throughout the process and their comments have been incorporated throughout the
report.
Initial notice of the study and the first neighborhood meeting were provided by a letter to
all property owners and businesses and Home Owner Associations. There was also
notice posted in the Greeley Tribune, on the Greeley and Weld County Web sites and
utilizing A -frame signs that were posted five days in advance of the meetings in strategic
locations. There were three neighborhood meetings, held on August 20, 2007, December
13, 2007, and March 19, 2009.
II. Key Findings
1. Two-thirds of the citizen survey respondent are 55 years of age or older.
2. Almost 80% of the citizen survey respondents were unincorporated Weld residents.
3. Stormwater drainage is an important issue to unincorporated residents.
4. Almost 75% of the survey respondents were concerned about traffic volume and speed.
5. Both law and code enforcement are very important in the study area.
14
Chapter 7. Study Conclusions and Recommendations
Chapter 7 — Study Conclusions & Recommendations
A. Recommendations
Background
As the Colorado North Front Range grows by up to one million people in the next 10 to
20 years, the East Greeley area can anticipate receiving some proportional share of this
growth. Central to this trend is the idea that such growth can be thoughtfully
coordinated, rather than take place randomly and incrementally with negative impacts.
II. Key Findings
1. Over 60 recommendations are presented for future, on -going consideration by the
Greeley City Council and Weld County Board of County Commissioners.
2. Greeley and Weld County currently do not have a land use intergovernmental
agreement.
3. It is not the intent of Greeley to unilaterally expand development east beyond the
existing City of Greeley city limits, but recognized that private property owners may
wish to develop their property.
4. It remains the intent of both the City and the County to respect and honor private
property rights to be developed if a property owner wishes to, and the developer is
willing to pay for the extension of adequate services.
III. List of Recommendations by Full Study Chapters
Chapter 2. Area History
1. Facilitate analysis of potential historical sites with interested private property owners.
2. Consider an East Greeley urban growth area that reflects zoning, infrastructure
capability, respective comprehensive plans and property owner interests.
Chapter 3. Demographics
3. Promote "good neighbor" education between urban and rural residents.
4. Provide neighborhood mediation where appropriate for urban and rural property
owners.
Chapter 4. Existing Conditions and Characteristics
Existing Land Uses
5. Review the Entryway Master Plan elements for possible updating in the East Greeley
area.
6. Consider joint adoption by Greeley and Weld County of an updated entryway master
plan for the East Greeley study area.
7. Develop joint Greeley -Weld standards for the urban area which promote well
designed neighborhoods and supporting infrastructure which respect and protect the
rural areas values while creating dynamic and visually interesting developments. In
urban areas, promote well -designed developments consistent with municipal design
and development standards that are sensitive to the urban and rural differences,
support or increase property values and improve the area.
15
8. Where requested, facilitate rezoning to support the Weld County R-1 zoning to a
lower density zone and in rural areas, where appropriate, promote cluster residential
development to encourage open space.
9. Explore more balanced shopping in the area, such as a full service grocery store.
10. Promote local professional services to help meet the needs of the area.
11. Examine the continued need for the amount of high intensity/I-3 zoning and the
potential for promoting the area as "shovel ready" for development.
12. Explore joint Greeley/Weld corridor design guidelines that would be appropriate
particularly along 8th Street/Colo. Hwy 263 as an entryway corridor and which will
compliment developing industrial development, the airport and the Poudre Trail.
13. Explore farmland trusts, CSA, "agriburbia" and related concepts in East Greeley
14. Develop an agreement on how Greeley and Weld County can best handle land use
referrals and public notice
Airport
15. Determine appropriate and inappropriate use of properties in and around the Greeley -
Weld County Airport in the study area to support the strategic location of compatible
business and industry and minimize the impacts of incompatible land uses.
Rail
16. Pursue the removal of 16th Street railroad spur line to the Union Pacific mainline.
Sewer Plant
17. Continue educational outreach to residents on the operation of the sewer plant —
perhaps offering special tours to area residents.
18. Inform residents of the odor complaint line and procedure.
19. Monitor sewer related truck traffic speed out of the south exit to the Greeley
Wastewater Treatment Plant.
Water
20. Explore alternatives for the provision of Greeley water to the East Greeley Urban area
without prior annexation.
21. Continue to improve water service and quality in the East Greeley Area.
Stormwater
22. Continue education programs on the need for improvement of stormwater quality.
23. Coordinate county and state construction projects with rural area property owners
with regard to stormwater impacts.
24. Explore alternatives for specific drainage problem areas such as north of Dilmont
Street where there is no culvert exit.
25. Conduct drainage basin study to determine needed East Greeley stormwater
improvements.
26. Work with Weld County in consideration of adopting MS4 standards for
unincorporated Weld County in the East Greeley Study Area.
16
Transportation
27. Work with area citizens and child safety representatives to secure funding for
sidewalks to Bella Romero Elementary School.
28. Continue to monitor traffic volumes and speeds and promote traffic calming where
appropriate. Specifically develop 2 lane street designs within the existing rights -of -
way in the Bella Romero Elementary School area, to act as traffic calming,
incorporate sidewalks and, perhaps, bike lanes and preserve existing trees and front
yards.
29. Provide citizen traffic concerns to both Greeley and Weld County as they update their
Transportation Master Plans.
30. Periodically monitor the unpaved roads in unincorporated Weld County to determine
if they qualify for dust abatement or paving.
31. Promote the implementation of US 85 Access Control Plan by the state of Colorado.
32. Monitor the status for potential development of WCR 49 in the East Greeley Study
Area.
33. Develop common city/county street and pedestrian design standards for the
unincorporated portion of the East Greeley urban area.
34. Pursue the removal of 16th Street railroad spur line to the Union Pacific mainline
35. Continue coordinated transportation and capital improvement planning between
Greeley and Weld County regarding East Greeley and make information available to
the area residents.
36. Connect the schools and residential areas to the future Poudre River Trail.
37. Explore the desire, feasibility and financial cost to unincorporated residents for street
lights.
Public Safety
38. Pursue the establishment of neighborhood watch groups in both the incorporated and
unincorporated areas of the study area.
39. Continue to monitor the noise produced at the Greeley Police Department shooting
range and training grounds. If the East Greeley area does continue to urbanize,
consider either moving high noise producing activity, such as grenade and small
explosive training, to a more remote site or increasing the sound berms.
40. Work with appropriate governmental jurisdictions to promote pedestrian, equestrian,
bicycle and motor vehicle safety.
Mineral Extraction
41. Greeley track oil and gas activity in the unincorporated portions of the proposed
Urban Growth Area, so that Greeley may comment and make recommendations to the
Colorado Oil and Gas Commission when it is permitting a well.
42. Encourage land uses adjacent to the Poudre and South Platte Rivers to treat the rivers
as neighborhood and community amenities, and by minimizing long term negative
impacts.
43. Maintain a multi -use corridor in which the river and surrounding lands are protected
and enhance a diverse set of public values while allowing appropriate private uses
within the corridor.
44. Work with industry for the development of sand and gravel pit reclamation that
would facilitate multi -parcel reclamation, thus reducing the need for water
augmentation, and increasing the public amenity aspect.
17
45. Explore the development of wetland banking particularly as part of sand and gravel
mining reclamation areas of the Cache la Poudre River.
River Quality
46. Consider recommending a flood study for the South Platte River in the East Greeley
area.
47. Explore opportunities to implement portions of the Cache la Poudre River national
heritage area designation as a natural, cultural, historic and recreational resource in
the on -going development of the river.
48. Consider limiting development to outside the 100 -year floodplain and explore
incentives to limiting such development.
49. Update the area of Ecological significance maps with the Colorado Department of
Wildlife
50. Explore the possibility of Weld County adopting the area of ecological significance or
its equivalent.
51. Work with the Poudre Trail, schools, civic groups and others to help clean the river
corridors.
52. Investigate coordinating river water quality sampling with Weld County Health
Department.
Parks and Recreation
53. Continue to develop and work with neighborhood watch groups to promote safety and
reduce vandalism in the parks.
54. Strive to include the unincorporated property owners in any update of the Parks and
Trails Master Plan.
55. Update the Weld County Open Space Plan.
56. Encourage the incorporation of open space during land use reviews by both Greeley
and Weld County.
57. Encourage support for the Poudre-Platte River Trail Plan for East Greeley.
Land Use and Growth
58. Explore rezoning the undeveloped R-1 zone in Weld County to a low density
Residential Estate or to Agricultural.
59. As part of an intergovernmental agreement, examine the possibility of developing a
comparable Weld County and City of Greeley permit fee structure.
60. Develop joint Greeley -Weld design standards for the urban area which promote a
well designed area which respects and protects the rural areas while creating
dynamic, and visually interesting developments which protect property values in the
East Greeley community.
61. Develop and implement a strategic growth management plan that promotes and
protects East Greeley as an attractive and appealing area to live and work.
62. Direct growth in a manner which respects the rural unincorporated areas as well as
the natural environment.
63. Establish clear standards under which a property may be annexed and/or developed.
64. Consider an East Greeley study urban growth area that reflects zoning, infrastructure
capability, respective comprehensive plans and property owner interests.
18
Chapter 5 - Developability Analysis
65. Greeley and Weld County adopt a jointly selected Urban Growth Boundary.
19
Chapter 8. Implementation/Timetable
Chapter 8 — Implementation/Timetable (Full Study Table of Contents)
A. Implementation Options
B. Recommendation for Implementation of IGA
Implementation Options
A range of options are reviewed in the study ranging from doing nothing to adopting an
intergovernmental agreement, or to adopting a sub -area plan that would be a part of the
comprehensive plan for that jurisdiction choosing to do so.
II. Recommendation for Implementation of IGA
In particular, a recommendation is presented to the Greeley City Council and the Weld
County Board of County Commissioners for the adoption of an intergovernmental
agreement (IGA), which will provide for an enhanced reciprocal notice for annexation,
subdivision, site plan, variance, rezoning and conditional use grant proposals in the study
area.
20
East Greeley/Weld County Sub -Area Study Boundaries
Attachment A.
East Greeley Study Area
Attachment B
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CITY OF GREELEY, COLORADO
RESOLUTION 142 , 2009
RESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING THE MAYOR
TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE
CITY OF GREELEY, COLORADO AND THE BOARD OF COMMISSIONERS OF
WELD COUNTY, COLORADO CONCERNING LAND USE REFERRALS WITHIN A
COOPERATIVE PLANNING AREA
WHEREAS, the City of Greeley and Weld County cooperate on numerous land use and
service agreements for the betterment of their citizenries; and,
WHEREAS, the parties' growth management areas have been accepted by their respective
planning commissions and governing bodies; and,
WHEREAS, Greeley and County have also identified a Cooperative Planning and Referral
Area based from a joint East Greeley/Weld County Sub -Area Study; and,
WHEREAS, Greeley and County have identified beneficial opportunities to enhance
cooperation in land use considerations within the East Greeley/Weld County Area through a defined
system of land referral and comment measures; and,
WHEREAS, Greeley and County desire to memorialize this cooperative relationship through
the adoption of an intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL
AS FOLLOWS:
Section I.
Section 2.
An Intergovernmental Agreement Concerning Land Use Referrals within a
Cooperative Planning Area, attached hereto as Exhibit A and incorporated
herein by reference is hereby approved.
The City Council hereby authorizes the Mayor to execute this
Intergovernmental Agreement by and between the City of Greeley and the
Board of Commissioners of Weld County
Section 3. This Resolution shall become effective immediately upon its passage, as
provided by the Greeley City Charter.
PASSED AND ADOPTED, SIGNED, APPROVED AND IN EFFECT THIS 61day of
October, 2009.
ATTEST:
GREELEY, COLORADO
3
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