HomeMy WebLinkAbout20172317BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Proposed Timnath CPA
DEPARTMENT: Planning Services DATE: 06.05.17
PERSON REQUESTING: Tom Parko
Brief description of the problem/issue:
The Town of Timnath has officially annexed three (3) properties owned by the City of Thornton on the Weld
County side. A map depicting the three (3) properties is attached. The Town of Timnath reached out to the
County and is requesting a CPA.
Following a meeting with Timnath officials, the town is not proposing any modifications to the Coordinated
Planning Agreement. All CPA's use the statutory three-mile notification. There have been some discussions on
utilizing a lesser notification standard for Timnath, but to be consistent with all CPA's, the notification should
remain at three miles.
If the Commissioners approve a CPA with Timnath there will be an overlap with the Severance and Windsor
CPA's. This overlap is not unique. The County has several overlapping CPA's in the SW part of the County and
it hasn't created a problem. If a project is located within two or more CPA boundaries, everyone receives
notice.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
• Enter into a CPA with Timnath utilizing the three-mile notification boundary which is consistent with all
the current CPA's.
• Enter into a CPA with Timnath utilizing a lesser notification boundary.
• Do not enter into a CPA with Timnath.
Recommendation:
The Planning Services Director recommends the first option to remain consistent with all other CPA's. Timnath
is not proposing any changes to the agreement. If Commissioner's are ok with recommendation, the item will
require a three -reading process and a courtesy notification of the hearings can be sent to nearby municipalities
like Severance.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Schedule
Work Session Other/Comments:
2017-2317
COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN OF TIMNATH, COLORADO, AND WELD COUNTY, COLORADO
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of
the _ day of , 2017, A.D., between the Board of County Commissioners of the
County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, CO 80631,
hereinafter called the "COUNTY," and the Town of Timnath, a Colorado municipal corporation,
whose address 4800 Goodman Street, Timnath, CO 80547, hereinafter called the
"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to
individually as "party" and collectively as "the parties."
RECITALS
A. COUNTY exercises 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 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 (not including water and
sewer services, which are provided by overlapping water and sanitation districts) based on the
municipality's code and/or other municipal service policies within the THREE (3) MILE AREA, as
defined herein; and
C. MUNICIPALITY will be annexing property in Weld County; and
D. Title 29, Article 20 of the Colorado Revised Statutes, grants broad authority to local
governments to plan for and regulate development and the use of land within their respective
jurisdictions, accomplishing such activities through public processes that respect, protect, and
promote private property rights; and
E. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages
local governments to cooperate and contract with each other for planning and regulating the
development of land by the joint and coordinated exercise of planning, zoning, subdivisions,
building, and related regulatory powers; and
F. 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; and
G. 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.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties agree as follows:
1. 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 of the parties 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
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MUNICIPALITY, for incorporated areas, and within COUNTY, for unincorporated areas, is subject
to exclusive final approval by the governing body of MUNICIPALITY or COUNTY, respectively.
2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined
as set forth herein:
2.1 DEVELOPMENT. Any land use requiring regulatory approval by the
elected governing body of the applicable party in the THREE (3) MILE AREA except for
an amendment to a plat or a down zoning, neither of which creates any additional lots,
and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural
uses, which are lawful uses, either as uses -by -right under the Weld County Code, or as
legally existing non -conforming uses, are also exempt from the definition of
"DEVELOPMENT."
2.2. THREE (3) MILE AREA. The area as defined by Colorado Revised
Statutes, C.R.S. 31-12-105.1.E.
3. PLANNING COORDINATION. This CPA is intended to be a Comprehensive
Development Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2). Following the
execution of this CPA by both parties, applications to COUNTY for DEVELOPMENT within the
THREE (3) MILE AREA shall be processed and determined in accordance with the following:
3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within the
THREE (3) MILE AREA to MUNICIPALITY for its review and recommendation. Such
referral shall include at least a copy of the written DEVELOPMENT proposal and
preliminary COUNTY staff summary of the case. COUNTY shall allow not less than
twenty-one (21) days for MUNICIPALITY to review the referral and furnish its
recommendations to COUNTY staff prior to formulation of the COUNTY staff
recommendation. If the MUNICIPALITY does not respond within such time, COUNTY
staff may proceed with its recommendation, but any comment or recommendation from
MUNICIPALITY received on or before the Thursday immediately preceding the meeting
of the Board of County Commissioners or Planning Commission when the matter shall be
considered shall be transmitted to the Board or Commission. If the MUNICIPALITY
submits no comment or recommendation, COUNTY may assume it has no objection to
the proposal. If MUNICIPALITY submits recommendations, COUNTY shall either include
within its written decision the reasons for any action taken contrary to the same or furnish
such reasons to MUNICIPALITY by a separate writing. MUNICIPALITY shall be given
notice of, and may appear and be heard at any hearing or other proceeding at which
COUNTY shall consider a DEVELOPMENT subject to the foregoing referral process.
3.2 Development Within THREE (3) MILE AREA. Upon receipt of any
proposal for DEVELOPMENT within the THREE (3) MILE AREA then currently eligible for
voluntary annexation to MUNICIPALITY, COUNTY shall, in writing, at 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 to 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 may continue by COUNTY to completion.
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3.3 Mutuality of Impact Consideration. The parties recognize that decisions
by one party regarding development may impact property outside of its jurisdiction. The
parties agree that jurisdictional boundaries shall not be the basis for giving any greater or
lesser weight to those impacts during the course of deliberations.
3.4 Referrals to County. MUNICIPALITY shall refer proposals for
DEVELOPMENT which lie within 500 feet of any property in unincorporated Weld County
to COUNTY for its review and recommendation. Such referral shall include at least a copy
of the written DEVELOPMENT proposal. MUNICIPALITY shall allow not less than twenty-
one (21) days for COUNTY to review same and furnish its recommendations to
MUNICIPALITY. If COUNTY submits no comment or recommendation MUNICIPALITY
may assume it has no objection to the proposal. If COUNTY submits recommendations,
MUNICIPALITY shall either include within its written decision the reasons for any action
taken contrary to the same or furnish such reasons to COUNTY by a separate writing.
Where the DEVELOPMENT is proposed as part of an annexation of more than 10 acres,
the provisions of this section shall be deemed satisfied by compliance by MUNICIPALITY
with the notice and impact report provisions of the most current version of the Municipal
Annexation Act then in effect. COUNTY shall be given notice of, and may appear and be
heard at any hearing or other proceeding at which MUNICIPALITY shall consider a
DEVELOPMENT subject to the foregoing referral process.
4. IMPLEMENTATION OF CPA. Following the mutual execution of this CPA, each
party shall promptly enact and implement such amendments to its existing regulations as may be
necessary to give effect to the provisions of Section 3. 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.
5. 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).
6. MISCELLANEOUS PROVISIONS.
6.1 Severability. Should any one or more sections or paragraphs of this CPA
be judicially determined invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this CPA, the intention being that the various
sections and paragraphs are severable; provided, however, that the parties shall then
review the remaining provisions to determine if the CPA should continue, as modified, or
if the CPA should be terminated.
6.2 Termination. This CPA shall continue in effect for a period of one year
from the date first written above, and shall be renewed automatically thereafter for
successive one (1) year periods. Notwithstanding the foregoing, however, either party
may terminate this CPA by giving at least twelve (12) months' written notice thereof to the
other party.
6.3 Amendment. This CPA may be amended only by a writing executed by
the parties and adopted according to the same procedures as the original adoption
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(requiring the written consent of the amendment by both parties and compliance with the
procedures detailed in Sections 6.4 and 6.5 of this CPA).
6.4 Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s)
consider this CPA for adoption upon published notification. MUNICIPALITY shall provide
a complete record of such public hearing(s) to COUNTY for review prior to the start of
COUNTY's adoption process detailed in Section 6.5, below.
6.5 Adoption by COUNTY. COUNTY shall, upon published notification
consider this CPA for adoption and amendment to Chapter 19 of the Weld County Code.
In the course of such adoption process, COUNTY shall review the complete record of the
public hearing(s) held by MUNICIPALITY wherein it considered this CPA for adoption.
The effective date of this CPA shall be its effective date of amendment to the Weld County
Code.
6.6 Reserved Rights. Nothing herein shall be construed to limit any
procedural or substantive rights afforded a party under law respecting the matters that are
the subject of this CPA, including without limitation any rights of referral, participation or
judicial review related to any land use or development procedure or approval of the other
party, which rights are hereby reserved to each party.
6.7 Enforcement. Either party may enforce this CPA by an action for specific
performance, declaratory and/or injunctive relief, or other equitable relief. The parties
agree the remedies for enforcement hereof are limited to non -monetary relief, and each
party hereby waives any right to seek damages for any violation of this CPA. No other
person or entity shall have any right to enforce the provisions of this CPA.
6.8 Notice. Any notice required under this Agreement shall be in writing and
shall be hand -delivered or sent by registered or certified mail, return receipt requested,
postage prepaid, to the addresses of the parties herein set forth. Any notice so given shall
be considered effective seventy-two (72) hours after deposit in the United States mail with
the proper address set forth below. Notice may also be given by telefax transmission, and
shall be deemed received on the date of such transmission. Either party by notice so
given may change the address to which future notices shall be sent.
Notice to Municipality:
Notice to County:
Town of Timnath
4800 Goodman Street
Timnath, CO 80547
Fax: (970) 224-3217
IN WITNESS WHEREOF, the parties have executed this CPA effective as of the date
first above written.
ATTEST:
CLERK OF THE BOARD
Donald Warden
BOARD OF COUNTY
COMMISSIONERS OF
WELD COUNTY, COLORADO
Deputy Clerk to the Board , Chairman
ATTEST: MUNICIPALITY
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TOWN OF TIMNATH
Milissa Peters, Town / City Clerk Jill Grossman -Belisle, Mayor
Please let me know and I'll calendar them for you all.
Thanks.
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Tom Parko Jr.
Sent: Wednesday, June 21, 2017 11:56 AM
To: Cheryl Hoffman <choffman@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Michelle Martin <mmartin@weldgov.com>
Subject: Re: Planning agreement
No need to go to PC. I haven't taken the last three to PC.
Sent from my iPhone
On Jun 21, 2017, at 11:53 AM, Cheryl Hoffman <choffman@weldgov.com> wrote:
Tom, does this need to go to Planning Commission or has it already?
From: Tom Parko Jr.
Sent: Wednesday, June 21, 2017 9:59 AM
To: Cheryl Hoffman <choffman@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Michelle Martin <mmartin@weldgov.com>
Subject: FW: Planning agreement
Cheryl,
Good morning. Please see attached CPA with Timnath which I need to get on the Board's
agenda. Three reading process. I also attached the pass around where the board approved to
move forward. Let me know if you have any questions.
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Thanks,
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-400-3572
Mobile: 970-302-5333
<image002.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: April Getchius [mailto:agetchius@timnathgov.coml
Sent: Wednesday, June 21, 2017 9:49 AM
To: Tom Parko Jr. <tparko@weldgov.com>
Subject: RE: Planning agreement
Yes, let's move forward, please.
3!
April D. Getchius, AICP
Town Manager
Ph. 970-224-3211
From: Tom Parko Jr. [mailto:tparko@weldgov.comj
Sent: Wednesday, June 21, 2017 9:43 AM
To: April Getchius <agetchius@timnathgov.com>
Subject: RE: Planning agreement
I don't have any dates scheduled yet, but if the CPA looks good to you all I will get that going.
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-400-3572
Mobile: 970-302-5333
<image003.jpg>
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: April Getchius [mailto:agetchius@timnathtgov.com]
Sent: Wednesday, June 21, 2017 9:16 AM
To: Tom Parko Jr. <toarko@weldeov.com>
Subject: Planning agreement
Hi, Tom. Can you please remind me of the commission dates for the agreement with Timnath? Do I
need to attend? Thanks.
acprif
April D. Getchius, AICP
Town Manager
Ph. 970-224-3211
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