HomeMy WebLinkAbout20082866.tiff Planning Commission
Hearing Exhibits
Memorandum
To Brad Mueller, Long Range Planner,Weld County
Subject Planning Comments on Weld County Comprehensive Plan Update
From Bruce Nickerson, Firestone Town Planner
Date October 7, 2008
Thank you for your efforts in addressing the combined comments from Firestone,
Frederick and Dacono in reference to the draft of the Weld County Comprehensive Plan.
Upon reviewing the current draft dated September 19, 2008, which the Weld County
Planning Commission is currently reviewing,there are still a few sections that we believe
warrant some further clarification or modification. We have noted them below along with
the section reference number and suggested text modifications in Track change.
Comments are noted in bold font. Please contact us if you have any questions. Again,
thank you for all the effort you are putting forth to accommodate our comments.
22-2-60 Agriculture Goals and Policies r 19)
3. A. Policy 6.3. Encourage multi-generational, caretaker, guest, and accessory
quarters.
a. Recommended Strategy A.6.3.a. Develop land use requlalior that outr7_allow for ,
m r
Deleted:polloes
auxiliary housing,without an attachment or square footage requirement on agricultural
lands that are suitable for those uses. This would include those units that are now
considered non-conforming., Regulations con.d address compatibility cind impacts
a.,..a,oc bled t..'-:h u h pLm,n q, n Judi w a li rital tin cm, the maximum number of a vts Comment b m T ''
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Ste "H' t
/Sec. 22-2-70. Urban development. ( p• z4)
t. The Regional Urbanization Areas ("RUA's") are also identified as areas of potential I Deleted:d
urban growth. The RUA's are intended to provide a foundation to enable the County and
its citizens to make appropriate decisions regarding future development within specified
geographic areas. RUA's are based on several central ideas, including employment
development, interconnection of neighborhoods within the RUA, consistent development
and design standards, diverse land uses, and a planned transportation network.
Specific Goals and Policies concerning RUA's are found in Section 22-2-230.
Comment:
Any existing or planned RUA or RUA expansion areas should be shown on the
Comprehensive Plan Map.
Urban Growth Nodes are also identified as areas of potential urban growth. An Deleted:K
Urban Development Node is defined as a site of potentially concentrated urban
development located along or adjacent to the intersection of two or more roads in the
state highway system, or as otherwise defined. 7 hesse are typically located in the more
cthluar pm caste p,.,lnrm of the ICountiA - Comment[bpm2]:":-:: ';;: 'Mr,
1
HIBIT
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Comment:
Any existing or planned Urban Growth Nodes should be shown on the
Comprehensive Plan Map.
Definitions. (7. 244)
County Urban Growth Boundary ("UGB") — Unincorporated portions of the County
located _viti:in a one-quarter-mile perimeter around the physically-existing centrra' sewer
tac iili s local d viit' i municipal limits. These are only recognized when an IGA is not Comment .ms
•
in force between the County and the municipality. A UGB will not typically correspond to Y.
a municipality's own comprehensive planning areas but typically will not appl,• to legal
Deleted: that are currently
physically served by central sewer
Sec.22-2-110. Urban development goals and policies. Cy. 2 5)
A. UD.Goal 1. Concentrate urban development within existing municipalities, an
approved Intergovernmental Agreement urban growth area, the Regional
l!hen:;anon „i-Jas, County Urban Growth Boundary areas, Urban Development Deleted:Mixed Use Development
Nodes,pr where urban infrastructure is currently available or reasonably bbtainablef. .. areas
The optimum o1Jticn is to have: urban development occur within existing Comment
Inutiicioliti€ provided th I one in ..lose.pr ximl!y
f. Establish provisions addressing extension of infrastructure and services required by
urban development. Include a definite timeline and capital improvements funding Deleted:cooperative planning areas,
strategy for roadways, sewer, water, drainage, schools, emergency services, civic
facilities and other infrastructure and services necessary to support urban
development, defining how and when these areas will be served.
g. Establish provisions for removal of property from the Intergovernmental Agreement
urban growth area if infrastructure and service provision is not completed as
described above.
Comment:
Such information can be discussed during the development of an IGA, but it
would be unrealistic to expect to establish and adhere to such timelines. It should
be recognized that for the most part municipalities strive to have growth pay its
own way. This is accomplished by real estate developers responding to market
demands, proposing and processing developments through the municipality and
then extending the necessary municipal and other infrastructure to serve the
development.Thus,it is the market that will ultimately establish the timelines.
h. Strive to set common urban development fees within the Intergovernmental
Agreement urban growth area, to encourage parity when a developer is processing
land use cases in either the County or a municipality.
Comment:
2
For a number of reasons, this provision seems unachievable. For example, the
development review process between the municipalities and the County are
different.As are tap fees, impact fees,service costs, etc.
I 4. JD.PoI p 4 Rtasonably_ nform property owners within and uem ohs areas , - Comment bnms
discussed in a potential Intergovernmental Agreement that the area is being considered 1
for Intergovernmental Agreement policies. ="--
Deleted:I
UD.Policy 2.C. Support the formation of a Joint Planning Board to consider specified Deleted:5
urban land use proposals within an Intergovernmental Agreement urban growth area Deleted:5
and within portions of the municipal boundary(i.e. town limits). A simple majority of
the Joint Planning Board members should be unincorporated County residents, to
reflect the single elected official representation by these citizens (versus dual
representation for town residents).
Comment:
For a number of reasons, this provision seems unachievable from a municipal
standpoint. As we discussed, if the goal is to provide a greater voice to
unincorporated residents on municipal land use matters, then consider a
provision to provide for pre-hearing neighborhood meetings with County planning
staff present so that pertinent County resident concerns can be added to County
planning staff referral comments.
Comment:
Consider the addition of a new section and goal in Sec. 22-2-170. Commercial 33)
development Goals and Policies to read as follows: CP
C.Goal 2. Encourage appropriate commercial development to annex into a
municipality if the new or expanding commercial development is adjacent to the
municipality's corporate limits.
1.C.Policy 2.1 Municipalities may have comprehensive plans that include lands in
unincorporated areas of the County. Applicants are encouraged to discuss their
land use plans with those affected municipalities.
a. Recommended Strategy C.2.1.a Pursue Intergovernmental Agreements
between municipalities and the County.
Comment:
Consider the addition of a new section and goal in Sec. 22.2.190. Residential (r. 34
development Goals and Policies to read as follows:
R.Goal 2. Encourage appropriate commercial development to annex into a
municipality if the new or expanding commercial development is adjacent to the
municipality's corporate limits.
3
1.R.Policy 2.1 Municipalities may have comprehensive plans that include lands in
unincorporated areas of the County. Applicants are encouraged to discuss their
land use plans with those affected municipalities.
a. Recommended Strategy R.2.1.a Pursue Intergovernmental Agreements
between municipalities and the County.
4
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Phone Number: 970-352-7286 • (-`—)
Fax Number 970-352-7286 M� r�0
FAX TRANSMITTAL FORM
To: Bruce Barker From:: Ed Meyer
Weld County Attorney Date Sent: 09-29-2008
CC:
Phone: 970-336-7235 Number of Pages: 1 l o
Fax: 970-352-0242
Message: gru.ce, tints artLcle appeared 1.14., �eeLLu c,raKt's report owJuLtu, 22. ThLs
paragrapli Ls avt, ar'cLc.Le that foLt2s Lw WLscowsLw discussed w[tlh Fred. Our covu.vu.Lttee feLt
that tlnLs Ls sowt.ethi.wg that luou awd our covu.w,Lsstowers slnoul.d hwow about. If out Dave
av1.0 rIuestLows ?Lease coo.tact v1,4,8 at 352-7286.
T1/10 4,125 "Bruce,
weLd coLtvttl, cLtLze4,'s covu.vu.Lttee
>✓d Meier
Wisconsin:
For two days last week,Jay Verhals, Michael Dean(an attorney from Milaukee)and Jay's •
wife spent discussing strategy for combating a"smart growth"planning and zoning mandate which all
their local areas face no later than January 1, 2010. On that date all jurisdictions have to have enacted a
"smart growth"zoning plan which will restrict the type of use to which farmers can put their lands. The
conservation groups that have pushed this law contend that farmers have to stop looking to their land as
a retirement plan. They say farmers have to go to the more traditional retirement plans used by city and
urban dwellers, that the land is too important to the public to allow farmers to develop it or sell it for
retirement income.
These folks are members of Americans for Prosperity who want to make a national issue out
of"smart growth"and try to fight it off nationally. While I helped them put together a resolution for
coordination assertion by towns and townships, it will be a challenge to create a successful strategy that
can beat back a zoning act that is already on the books,guiding the manner in which towns and counties
will plan and zone.
The ownership of private property is considered by many to be the foundation of
America's freedom and success. The Supreme Court of the United States appears
to agree. It held in the case of Lynch v. Household Finance Corporation, decided
March 23, 1972:
The dichotomy between personal liberties and property rights is a false one.
Property does not have rights. People have rights. The right to enjoy property
without unlawful deprivation, no less than the right to speak or the right to travel,
is in truth, a 'personal' right, whether the 'property' in question be a welfare
check, a home, or a savings account. In fact, a fundamental interdependence
exists between the personal right to liberty and the personal right in property.
Neither could have meaning without the other. That rights in property are basic
civil rights has long been recognized.
405 U. S. 538, 92 S. CT. 1113
Dichotomy: a division into two parts; strongly contrasted groups or classes.
Deprivation: to take a thing away from; to prevent from using or enjoying; act of
depriving; state of being deprived; or loss.
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Weld County Planning Department
GREELEY OFFICE
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EXHIBIT
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Health Impact Assessment 4
Factsheet . ;
Health Impact Assessments
Health Impact Assessments (HIA's) are a new approach for determining the potential health effects of
a policy, program, or project on a population and the distribution of those effects within the population.
HIA's can be conducted before a project is built or implemented and offer recommendations to increase
positive health outcomes and minimize adverse health outcomes.
Health Impact Assessments are based on the concept that health is not just the absence of disease, but the
state of complete physical, mental and social well-being. That means they take a look at such things as air
quality, housing, crime, community design and transportation options, employment, recreation and leisure
opportunities, access to public services and the quality of services among other areas.
What Health Impact Assessments Offer
HIA's offer an opportunity to gather valuable information on all of the health aspects of a project in an
effort to provide local decision makers materials for consideration as concepts are developed through the
planning process. This enables informed policy decisions to be made based on a valid, objective assess-
ment. The intent of an HIA is to provide options that maximize the proposals'positive health effects and
minimize the negative health effects.
Who is Involved in a Health Impact Assessment
HIA's draw on the expertise and experience of a wide range of stakeholders, who are involved throughout
the process. Stakeholders may include professionals with experience relevant to the issues being ad-
dressed, key decision makers, relevant voluntary organizations and representatives of the community in
the assessment area.
What is Involved in a Health Impact Assessment
NIA's rely on scientific data(community surveys, literature reviews, etc) and also on the opinions, experi-
ence and expectations of the people most directly affected and tries to balance the various inputs.
Steps to an HIA:
• Scoping - Identifying what to do and how to do it—What resources are available and committed to
the HIA
• Assessing risks and benefits - Identifying health hazards and considering the evidence of health
impacts. This is where a large amount of HlA work is carried out.
• Reporting—Presenting the results of the HIA to the decision makers. Developing recommenda-
tions to reduce hazards and/or improve of health. A key output of an HIA is the set of
recommendations to the proposal.
COMMENTS REGARDING THE WELD COUNTY COMP PLAN UPDATE
ARTICLE 1
SECTION 22-1-20: There is no mention of the aquifer water in this new section. At 22-2-30 of the old
Comp Plan it states in addition shallow and deep wells made possible by the existence of deep broad
aquifers are productive sources of irrigation water. The development of these resources and features
has made agriculture an important industry in the county since the founding of the Greeley Union
Colony in 1870. We think this should be stated in the new Comp Plan.
SECTION 22-1-120: In the new Comp Plan at paragraph A. PRIVATE PROPERTY RIGHTS. This should read
while protecting individual private property rights as it states in the old Comp Plan. Also at Sec. 22-1-
120 paragraph E. should say they protect the individual rights of private property owners.
SECTION 22-1-140: Paragraph G #2. The county will encourage and promote coordination and
cooperation between Federal,State, and Local Governmental Entities charged with making decisions
which significantly affect land uses in unincorporated Weld County. We think this should be located in
the Guiding Principles Section as it is in the old Comp Plan.
SECTION 22-1-150: Paragraph 5#3. We feel it should say: impacts on both the natural and human
environment. Also at Sec. 22-1-150, at Paragraph 14 (b)#3, page 15. It should read the same as above.
Also, page 18 at#3, page 19 at#3 and page 20 at#3 should read the same as above.
ARTICLE 2
The new Comp Plan eliminated the following Sections from the old Comp Plan, Section 22-2-10 and 22-
2-20. We feel because of the importance of agriculture in this county it should be stipulated that they
remain in the new plan. Also, at Sec. 22-2-20 of the old Comp Plan under (f) (4) b, conservation
easements, we feel that conservation easements eliminate some of the property owners rights such as
right to development, and they drive down property values of the surrounding properties.
SECTION 22-2-30: AGRICULTURE
At "b" we feel it should say: to protect the individual rights of the private property owners.
At "c" should include statement about the shallow, and deep wells, made possible by the existence of
deep broad aquifers are productive sources of irrigation water. The development of these resources
and features has made agriculture an important industry in the county since the founding of the Greeley
Union Colony in 1870. This is located at Section 22-2-30 (c) in the old Comp Plan and should be in the
New Comp Plan as well.
SECTIONS 22-2-40 and SECTIONS 22-2-50 of the old Comp Plan have been deleted.
Why delete the main core of agriculture in the New Comp Plan?
SECTION 22-2-60: AGRICULTURAL GOALS AND POLICIES EXHIBIT
Policy 1.1 (a) is deleted from the new Comp Plan, we would like to see policy 1.1 (a) of the old Comp
Plan reinstated. It talks about the availability of a consistent supply of irrigation water must exist in
order to have irrigated farm land. We would like the entire paragraph reinstated.
Section 22-2-60,A. Goal #3, the last sentence should read,water rights are considered real property and
should be protected as any other individual property right.
Section 22-2-60, H. A. Goal#8, in the Old Comp Plan at this same location it states. Water is a valuable
resource in the County. Water Rights are defined by State Law as real property and may be bought and
sold by individuals or entities. Land use regulations should not impact their status as real property. We
think this should be stated at the same location in the New Comp Plan.
Section 22-2-60, I.,A. Goal#9 at#4(a), it speaks about providing land owner with information about
voluntary techniques such as conservation easements. We are against conservation easements but as
long as the information and techniques are voluntary we assume this should be alright.
SECTION 22-2-70: URBAN DEVELOPMENT
At"A and B" in the new Comp Plan we agree, as long as it's not by condemnation, eminent domain, or
blight designation.
SECTION 22-2-110: URBAN DEVELOPMENT GOALS AND POLICIES
Goal#2,#4, UD Policy 2.4(a), recommended strategy UD. 2.4 (a), reads utilize a third party such as the
Department of Local Affairs,to facilitate new and revised Intergovernmental Agreement discussions.
Our research shows that the Department of Local Affairs contains the Office of Smart Growth. We as
citizens do not believe in Smart Growth Planning. Smart Growth has shown to have a detrimental effect
on individual private property owners. Is this master plan primer being used by the Weld County
Planning Department?
We submit the following vision statements that may provide a foundation for a
vision statement for the County Comprehensive Plan.Emphasis is added where
common themes emerge throughout these statements.
Weld County Community Partnerships 9-29-2008
• We preserve heritage and develop the future through collaboration,
education,and ownership of growth through individual and shared
accountability.
• We believe the future of all of Weld County depends upon
intergovernmental agreements developed with open communication in
aAGREEMENTS.iip eration. COOPERATION +COMMUNICATION =31
• We will advance the prosperity and quality of life of urban and rural
Weld County citizens by improving land use planning through more
open and effective collaboration between and among municipal and
county governments.
• We will,through positive intergovernmental cooperation, strive to be a
county with unique individual communities,to maintain our
rural/agricultural heritage and economic identity while encouraging
economic growth,wise use of resources,and efficient transportation.
EXHIBIT
Come (4w
Weld County Comprehensive plan
Proposed Guiding Principles
(As endorsed by the Committee for Positive Weld County Partnerships at its August 2007 and April 2008 meetings)
Weld County will strive to achieve the following ideals:
1. FOSTER COLLABORATIVE RELATIONSHIPS that recognize and respect property rights as well as
individuality in community development priorities and policies while working to direct urban level growth to
municipal centers in order to promote logical annexation boundaries, efficient service delivery and appropriate
design standards throughout the County.
2. ESTABLISH MUNICIPAL GROWTH BOUNDARIES in order to maximize efficiency and coordination
between all governmental entities through the orderly and timely extension of services and to prevent
premature annexations.
3. ESTABLISH STANDARDS FOR THE APPROPRIATE LOCATIONS FOR LOW AND HIGH DENSITY
RESIDENTIAL DEVELOPMENT in order that services to such housing can be provided in a cost-effective
manner and without burdening special districts, services, or our citizens and without crnating unintended
impacts to our citizens or the successful growth of agricultural or industrial development.
4. ENSURE ADEQUATE FACILITIES ARE IN PLACE TO SUPPORT DEVELOPMENT in a fiscally
responsible manner and under consistent standards for streets, water, wastewater, solid waste, fire
protection, law enforcement, schools, parks, trails and related services necessary to serve the public.
5. ATTRACT HIGH QUALITY, DIVERSE COMMERCIAL GROWTH AND ECONOMIC DEVELOPMENT,
particularly along the 1-25, US 85, US 34 and 1-76 and along other major transportation corridors within Weld
County so as to accommodate patterns of growth that promote a residential quality of life within urban
centers, thereby reinforcing the viability of the agricultural economy in the county.
6. IMPROVE THE US 85 CORRIDOR throughout the county by revitalizing older adjacent commercial and
industrial areas in a functional and attractive manner in order to preserve jobs and take advantage of existing
infrastructure thereby improving this corridor as a key county gateway.
7. ENCOURAGE THE DEVELOPMENT OF HIGH QUALITY AND DIVERSIFIED HOUSING
OPPORTUNITIES and safe, attractive neighborhoods.
8. PRESERVE THE VIABILITY AND CHARACTER OF EXISTING AGRICULTURAL AS throughout
the county, by allowing complementary rural residential development in appropriate locations and at densities
that match existing service levels.
9. ESTABLISH COMMUNITY SEPARATORS with municipalities by retaining open lands between growing
communities as a means of maintaining their identity and focusing growth in urban centers.
10. SUPPORT OPEN SPACE OPPORTUNITIES as described in various municipal and county plans, and in
particular in sensitive ecological, cultural, natural, agricultural, historic and visual areas, in order to maintain a
balance between growth and the natural environment.
11. SUPPORT AND IMPLEMENT TRANSPORTATION SYSTEMS through land use decisions that address
a full range of mobility needs and effectively connect local and regional areas in a cost effective, efficient and
comprehensive manner.
12. CHANNEL GROWTH TO EXISTING MUNICIPALITIES AND,WHERE URBAN GROWTH
BOUNDARIES ARE ESTABLISHED, REQUIRE DEVELOPMENT LOCATING IN SUCH AREAS TO
CONFORM TO MUNICIPAL DESIGN AND LAND USE STANDARDS in order to promote compatible land
use development, including the cost effective and practical installation of infrastructure and service.
EXHIBIT
/agog
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