HomeMy WebLinkAbout20150646.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 3, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey. Jordan Jemiola, Joyce
Smock, Michael Wailes, Terry Cross.
Absent: Nick Berryman
Also Present: Diana Aungst and Tom Parko, Department of Planning Services, Wayne Howard.
Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary
Motion: Approve the February 3, 2015 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Johnson. Motion passed unanimously.
PRESENTED BY. TOM PARKO
REQUEST: CODE ORDINANCE #2015-4, IN THE MATTER OF REPEALING AND RE-
ENACTING. WITH AMENDMENTS. CHAPTER 19 COORDINATED PLANNING
AGREEMENTS., OF THE WELD COUNTY CODE.
Tom Parko, Planning Services, presented Ordinance 2015-4 regarding the proposed code changes to
include the Coordinated Planning Agreement with the Town of Firestone. Mr. Parko briefly outlined the
new Coordinated Planning Agreement
Commissioner Maxey asked how it works with any potential cases in this area in the time that this has
been negotiated and then to public hearings. Mr. Parko said that he has directed his staff that as we are
working on these Coordinated Planning Agreements to request any applicants within this area to contact
Firestone for further discussion.
Commissioner Maxey asked how it would work if a municipality doesn't update their town limits. Mr.
Parko said the municipalities are required to update their three-mile plan annually. He added that it is
also reflected in the Weld County GIS system.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2015-4 Article II to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola. Joyce Smock,
Michael Wailes, Terry Cross.
Motion: Forward Ordinance 2015-4 Article X to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross.
Meeting adjourned at 2.18 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
-PIy,(bEuu,1'ytnnlom_ Date:2015.02.18 14:38:00-0700'
Kristine Ranslem
Secretary
1
2015-0646
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Joyce Smock,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
PRESENTED BY. TOM PARKO
REQUEST: CODE ORDINANCE #2015-4. IN THE MATTER OF REPEALING AND RE-
ENACTING. WITH AMENDMENTS, CHAPTER 19 ARTICLE II COORDINATED
PLANNING AGREEMENTS., OF THE WELD COUNTY CODE.
be recommended favorably to the Board of County Commissioners.
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County.
Colorado, adopted on February 17. 2015.
Dated the 17th of February, 2015.
Digitally signed by Kristine
Ranslem
�
� Date:2015.02.18 14:32:36-07'00'
Kristine Ranslem
Secretary
ARTICLE II
Dacono, Firestone and Frederick Plan
Sec. 19-2-10. Introduction.
This Interim Coordinated Planning Agreement is made and entered into between the BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF WELD. State of Colorado, herein after called the
"COUNTY," the CITY OF DACONO. a Colorado municipal corporation, the TOWN OF FIRESTONE, a
Colorado municipal corporation and the TOWN OF FREDERICK. COLORADO, a Colorado municipal
corporation . hereinafter called individually "MUNICIPALITY" and collectively the "MUNICIPALITIES."
Sec. 19-2-20. Recitals.
A. The COUNTY exercises governmental authority regulating land use. growth and development
in its unincorporated areas. which areas include lands surrounding each MUNICIPALITY; and
B. Each of the MUNICIPALITIES exercises governmental authority over the same matters within
its municipal boundaries, including annexations, and is able to provide certain municipal services and facilities
for efficient and desirable urban development: and
C. In Title 29, Article 20, C . R. S. , the General Assembly of the State has granted broad authority
to local governments to plan for and regulate the development and use of land within their respective
jurisdictions: and
D. In said Title 20, Article 20, C . R . S. , the General Assembly has further authorized and
encouraged local governments to cooperate and contract with each other for the purpose of planning and
regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivision,
building and related regulatory powers; and
E. Existing and anticipated pressures for growth and development in areas surrounding each
MUNICIPALITY indicate that the joint and coordinated exercise by the COUNTY and each MUNICIPALITY of
their respective planning. zoning, subdivision, building and related regulatory powers in such areas will best
promote the objectives stated in this Agreement.
Sec. 19-2-30. Purposes and objectives.
The purpose of this Agreement 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 the
unincorporated areas surrounding each MUNICIPALITY. The objectives of such efforts are to accomplish the
types of development in such areas which best protect the health, safety. prosperity and general welfare of the
inhabitants thereof by reducing the waste of physical, financial and human resources which result from either
excessive congestion or excessive scattering of population, and to achieve maximum efficiency and economy
in the process of development.
Sec. 19-2-40. Definitions.
For the purposes of this Agreement, the following terms shall be defined as set forth:
Development. Any land use requiring regulatory approval by the elected governing body of the
applicable party in the Urban Growth Area except for an amendment to a plat or a down-zoning, neither of
which creates any additional lots, and except for a Subdivision Exemption.
Non-Urban Development. Land uses which typically do not require services such as central water and
sewer systems. road networks, park and recreation services. storm drainage and the like, and which are
generally considered to be rural in nature, expressly including land used or capable of being used for
agricultural production and including developments which combine clustered residential uses and agricultural
uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty
(40) years.
Recorded Exemption. The division of one(1)lot into two(2)or three(3)lots pursuant to Sections 24-
8-20 and 24-8-90 of this Code.
Southern Weld Planning Area. The area located outside of, but within three (3) miles of, each
MUNICIPALITY's respective municipal boundaries as of the effective date of this Agreement.
Subdivision Exemption. The division of one (1) parcel or interest in one (1) parcel which does not
result in the creation of a new residential or permanent building site,for adjustment of property lines between
two (2) contiguous parcels, creation of lots for financing purposes or for the temporary use of a parcel for
public utility facilities pursuant to Section 24-8-100 of this Code.
Urban Development Development which is characterized by development density typical to
urbanized areas and requires services such as central water and sewer systems, road networks, park and
recreation facilities and programs, storm drainage and other similar services which are typically furnished by
municipalities.
Urban Growth Area. All lands within the Southern Weld Planning Area which, as of the effective date
of this Agreement,are not located within the boundaries of any of the MUNICIPALITIES, but are defined within
a MUNICIPALITY's comprehensive plan as being within that Municipality's urban growth area. (See Appendix
19-C)
Sec. 19-2-50. Development of Southern Weld Area Land Use Plan.
A. Promptly upon the execution of this Agreement the parties will begin good faith negotiations to
develop a comprehensive development plan authorized by Section 29-20-105, C.R.S., and herein called the
"Plan." Such Plan will govern all land use decisions in the urban growth area and will contain, at a minimum,
the following: (1)specific land use standards for each MUNICIPALITY's urban growth area: (2)procedures for
COUNTY coordination with each MUNICIPALITY in the review and approval process for proposed
development;and(3)procedures and guidelines relating to the annexation of lands, all for the achievement of
the purposes stated in Section 19-2-30 above.
B. It is anticipated that land use regulations applicable to each MUNICIPALITY's Urban Growth
Area, and applicable to the COUNTY, will include without limitation, each party's own comprehensive plan,
and each party's regulations addressing the phasing of development,zoning and subdivision. environmental
and landscaping controls, development impact fees, specifications for the design and construction of public
improvements, and requirements regarding the extension of streets, storm drainage and water and sewer
utility services.
C. The parties intend to develop the Plan in sufficient time for its adoption by all of them not later
than twelve (12) months after the effective date of this Agreement. Concurrently with such adoption, the
COUNTY and each MUNICIPALITY will amend its respective land use and other regulations in such
particulars as will authorize and enable each of them to achieve the purposes, intent and effect of the Plan.
and to implement, administer and enforce the same within each party's jurisdiction.
D. The parties shall update the Plan once every five(5)years after the effective date of the Plan,
unless a greater or lesser time frame is agreed to by all of the parties by a separate writing. The update shall
include a review of all elements of the Plan.
Sec. 19-2-60. Interim planning coordination.
This Agreement is intended to be an interim Comprehensive Development Plan adopted and
implemented pursuant to Section 29-20-105(2), C.R.S. Following the execution of this Agreement by all
parties. COUNTY Development approvals in the Southern Weld Planning Area will be processed and
determined in accordance with the following:
A. Referral. The COUNTY will refer all proposals for development within the Southern Weld
Planning Area to altthree(a)both MUNICIPALITIES for their review and recommendafions. Such referral will
include at least a copy of the written Development proposal and preliminary COUNTY staff summary of the
case. The COUNTY will allow not less than twenty-one(21)days for each of the MUNICIPALITIES to review
the same and furnish its comments, recommendations and objections, if any, to COUNTY staff prior to
formulation of the COUNTY staff recommendation. If the MUNICIPALITIES do not respond within such time
limitation, COUNTY staff may proceed with its recommendation. However, notwithstanding such time
limitation, any comments, recommendation or objection from any MUNICIPALITY which is received by the
COUNTY on or before the Thursday next preceding the meeting of the Board of County Commissioners or
Planning Commission at which the matter will be considered will be transmitted to the Board or Commission.
If no MUNICIPALITY submits any comment, recommendation or objection,the COUNTY may assume none of
the MUNICIPALITIES have any objection to the proposal. If one(1)or more of the MUNICIPALITIES submits
a recommendation or objection,the COUNTY will either include within its written decision the reasons for any
action taken contrary to the same or furnish such reasons to the applicable MUNICIPALITY or
MUNICIPALITIES by a separate writing.
B. Development outside urban growth area. To the extent legally possible pursuant to the Plan
and the COUNTY's land use regulations as described in Section 19-2-50 B above, the COUNTY will
disapprove all proposals for Urban Development in areas of the Southern Weld Planning Area outside the
Urban Growth Area. This Subsection shall not require disapproval of a recorded exemption solely because
the smaller parcel is less than two and one-half(21/2) acres in size.
C. Development in urban growth area. The following shall apply to proposed Development in
any MUNICIPALITY's Urban Growth Area:
1. Upon receipt of any proposal for Development of property then currently eligible for
voluntary annexation to one(1)or more of the MUNICIPALITIES, the COUNTY will, in writing, notify
the proponent of the opportunity for annexation and notify each such MUNICIPALITY of the proposal.
2. An essential purpose of this Agreement is to ensure that urban development will
occur only within the limits of the applicable MUNICIPALITY or in areas which are eligible for
annexation to such MUNICIPALITY. Therefore, as a condition of approval of any rezoning, planned
unit development,subdivision or use by special review for any commercial or industrial use pursuant
to Section 31.4.18 of the Weld County Zoning Ordinance#89 (renumbered as Section 23-3-40 R of
this Code),contained in Appendix 19-D,the COUNTY shall require that there be executed annexation
agreement between the applicant and the MUNICIPALITY which requires the owners to annex the
property to the MUNICIPALITY upon the terms and conditions and within the time stated in the
agreement. No such agreement shall be required in the case of a recorded exemption, subdivision
exemption or use by special review for oil and gas wells.
3. The MUNICIPALITY will extend, or use its best efforts to cause any special district
providing sewer services within the MUNICIPALITY to extend, sanitary sewer service to property in
the MUNICIPALITY's Urban Growth Area, subject to applicable rules and regulations. Such rules and
regulations, if the MUNICIPALITY is the entity extending such sewer services,shall include provisions
requiring a written contract for extraterritorial service and the construction of new mains and other
facilities necessary to serve the property,with costs of such construction assessed in accordance with
said rules and regulations. If the MUNICIPALITY is the entity extending such sewer services, the
MUNICIPALITY agrees to give notice of any proposed change in such rules and regulations to the
COUNTY at least twenty-one (21) days prior to adoption.
4. Each MUNICIPALITY provides municipal water service to property within its
boundaries, subject to its rules and regulations. Each MUNICIPALITY furnishes such water service
pursuant to agreements with one(1)or more water districts and/or water conservancy districts. Each
such agreement prohibits the applicable MUNICIPALITY from serving outside its boundaries or
outside the boundaries of the applicable water district. Water service is currently available directly
from one (1)or more of said districts in portions of the Urban Growth Area, subject to the applicable
district's rules and regulations Contemporaneously with the development of the Plan, the
MUNICIPALITY will negotiate in good faith with the applicable water district to explore ways in which
the extension of water service within five (5) years outside each MUNICIPALITY's boundaries,
particularly in areas not presently included in a district's boundaries, can be coordinated so as to
achieve the purposes stated in Section 19-2-30 above while still recognizing the rights and obligations
of each such district.
5. In recognition of the availability of water and sewer service from a MUNICIPALITY or
a district within the Urban Growth Area as indicated in Subparagraphs 3 and 4 above,the County will
require water and sewer service therefrom as a condition of approval of any subdivision,rezoning or
planned unit development, and will not approve such development until and unless the applicant has
obtained an approved written contract for the same with the applicable MUNICIPALITY and/or district.
This Agreement shall be prima facie evidence of the availability of municipal water and sewer service
within the meaning of Section 32-1-203(2.5)(a), C R.S.
6. The COUNTY will not grant any waiver of the then-current street standards of any of
the MUNICIPALITIES for any development without the consent of the affected MUNICIPALITY or
MUNICIPALITIES. Where no standards have been adopted,the COUNTY will apply the RUA street
standards.
7. To the extent legally possible pursuant to the Plan and the COUNTY'S land use
regulations as described in Section 19-2-50 B above,the COUNTY will deny proposals for Non-Urban
Development in the Urban Growth Area. Nothing in this Subparagraph shall restrict the COUNTY
from approving, by means of a process such as a recorded exemption or subdivision exemption, the
isolated partition or division of an ownership parcel containing at least one(1)residence served by an
individual sewage disposal system at the time of adoption of this Agreement regardless of the size of
the resulting parcels. Nevertheless, the COUNTY will not permit any such partition or division if the
same would frustrate or hinder genuine Urban Development, as defined in Section 19-2-40 of this
Agreement, in the Urban Growth Area.
8. If a MUNICIPALITY's objection to or recommendation of disapproval of a
Development proposal is based upon a conflict or incompatibility between proposed uses in the
Development and the MUNICIPALITY's anticipated zoning classification for the property, the
COUNTY will not approve same unless, in the COUNTY'S judgment: a) such conflict or
incompatibility is unlikely to occur; b)that suitable mitigation measures to be imposed by the COUNTY
as conditions of approval will eliminate or adequately mitigate adverse consequences of
incompatibility or conflict;or c)the MUNICIPALITY's anticipated zoning classification of the property is
unreasonable because of existing uses of adjacent property. The MUNICIPALITY shall be given
notice of, and may appear and be heard at, any hearing or other proceeding at which the COUNTY
will consider such issues.
9. The parties anticipate that Subparagraphs 6 through 8 above will be addressed in
more detail when the Plan is adopted.
D. Mutuality of impact consideration. The parties recognize that decisions by one (1) party
regarding development may impact property outside of each particular jurisdiction. The parties agree that
those jurisdictional boundaries will not be the basis for giving any greater or lesser weight to those impacts
during the course of deliberations.
E. Referrals to County.
1. The applicable MUNICIPALITY will refer each proposal for Development which is
presented to the MUNICIPALITY, and which lies within five hundred (500) feet of any property in
unincorporated Weld County, to the COUNTY for its review and recommendation. Such referral will
include at least a copy of the written Development proposal and maps. The MUNICIPALITY will allow
not less than twenty-one (21) days for the COUNTY to review the same and furnish its comments,
recommendations and objections, if any, to the MUNICIPALITY. If the COUNTY submits no
comment, recommendation or objection, the MUNICIPALITY may assume the COUNTY has no
objection to the proposal. If the COUNTY submits a recommendation or objection, the
MUNICIPALITY will either include within its written decision the reasons for any action taken contrary
to the same or furnish such reasons to the COUNTY by a separate writing. Where the Development
is proposed as part of an annexation, the provisions of this Section shall be deemed satisfied by
compliance by the MUNICIPALITY with the notice and impact statement provisions of the most
current version of the Municipal Annexation Act then in effect
2. If any COUNTY recommendation of disapproval of a Development proposal within
five hundred (500) feet of any property in unincorporated Weld County is based upon a conflict or
incompatibility between proposed uses in the Development and the COUNTY's existing zoning
classification for the property, the MUNICIPALITY will not approve same unless, in the
MUNICIPALITY's judgment: a) such conflict or incompatibility is unlikely to occur; b) suitable
mitigation measures to be imposed by the MUNICIPALITY as conditions of approval will eliminate or
adequately mitigate adverse consequences of incompatibility or conflict;or c)the COUNTY's existing
zoning classification of the property is unreasonable because of existing or planned uses of adjacent
property. The COUNTY shall be given notice of, and may appear and be heard at, any hearing or
other proceeding at which the MUNICIPALITY will consider such issues. (Weld County Code
Ordinance 2009-8)
Sec. 19-2-70. Annexation.
A Each MUNICIPALITY will give serious consideration to all petitions for annexation of lands
within its Urban Growth Area and will not decline to annex such properties except for good cause- For the
purposes of this Section, good cause includes without limitation the following: (1)the extension of one(1)or
more municipal services to the area would place an unreasonable economic burden on the MUNICIPALITY,
on the existing users of such services or on the current and future residents or owners of property in the area
itself, or(2)the area is not reasonably contiguous in fact to the MUNICIPALITY'S existing boundaries and its
annexation would result in disconnected municipal satellite. No MUNICIPALITY will annex any property
located outside its Urban Growth Area unless such property is both eligible for annexation and is desired by
the MUNICIPALITY for municipal functions such as water or sewer facilities, or other municipal facilities.
B. To the extent legally possible,each MUNICIPALITY will annex the full width of each COUNTY
road right-of-way adjacent to property annexed by it after the effective date of this Agreement, unless the
COUNTY determines that such an annexation will create piecemeal road jurisdiction, in which case the more
appropriate jurisdiction will be requested to annex. However, if the MUNICIPALITY determines that such road
serves primarily COUNTY properties rather than existing or newly annexed properties in the MUNICIPALITY,
in which case the MUNICIPALITY will annex none of such COUNTY road right-of-way.
C. Notwithstanding any provision hereof to the contrary, no MUNICIPALITY is obligated to annex
any property within a Development approved by the COUNTY after the effective date of this Agreement, if the
Development does not conform to the Urban Growth Standards established under Sections 19-2-50 A and B
herein unless a waiver or modification of such standards was granted by the COUNTY and approved by the
MUNICIPALITY.
D. In determining off-site improvements to be constructed by proponents of development in each
MUNICIPALITY,the MUNICIPALITY will consider identifiable impacts on the COUNTY's road system resulting
from such development on the same basis as impacts to the MUNICIPALITY's road system.
Sec. 19-2-80. Development fees.
As part of the Plan, the parties will establish a schedule of development fees to be assessed in both
the Urban Growth Area. The parties will avoid duplication of development fees to the extent feasible.
Sec. 19-2-90. Implementation of agreement.
Following the mutual execution of this Agreement,each party will promptly enact and implement such
amendments to its existing land use or annexation regulations as may be necessary to give effect to the
provisions of Sections 19-2-60 through 19-2-80 above. Each party shall have sole and exclusive discretion to
determine such measures and any new ones as will enable it to perform this Agreement. Each party's land
use regulations as referred to herein are ordinances or resolutions whose amendment requires certain
formalities, including notice and public hearings. The mutual covenants in this Section and elsewhere to
implement this Agreement promptly are given and received with mutual recognition and understanding of the
legislative processes involved, and such covenants will be liberally construed in light thereof.
Sec. 19-2-100. Miscellaneous provisions.
A. Severability. Should any one (1) or more sections or paragraphs of this Agreement be
judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining provisions of this Agreement the intention being that the various sections and paragraphs are
severable.
B. Enforcement. Any party to this Agreement may seek specific performance or enforcement of
this Agreement in a court of competent jurisdiction, but no such party shall have any claim or remedy for
damages arising from an alleged breach hereof against any other party, nor shall this Agreement confer on
any party standing to contest a land use decision or action of another, except as a breach of this Agreement,
and except as otherwise provided by law. This Agreement is between the MUNICIPALITIES and the
COUNTY and no third party rights or beneficiaries exist or are created hereby.
C. Effective date of Agreement. The effective date of this Agreement shall be the last date on
which a party to this Agreement approved and executed this Agreement.
a Termination. This Agreement will continue in effect until the Plan is developed,adopted and
implemented by all parties. Notwithstanding the foregoing, however,any party may terminate this agreement
by giving at least twelve (12) months'written notice thereof to each of the other parties.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
PRESENTED BY: TOM PARKO
REQUEST. CODE ORDINANCE #2015-4. IN THE MATTER OF REPEALING AND RE-
ENACTING. WITH AMENDMENTS, CHAPTER 19 ARTICLE X COORDINATED
PLANNING AGREEMENTS, OF THE WELD COUNTY CODE.
be recommended favorably to the Board of County Commissioners.
Motion seconded by Bruce Johnson.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 17, 2015.
Dated the 171h of February, 2015.
Digitally signed by Kristine Ranslem
K )1(�yC7t7! .4Li'1l zin, Date:2015.02.18 14:32:53-07'00'
Kristine Ranslem
Secretary
ARTICLE X
Firestone Plan
This Coordinated Planning Agreement("CPA")is made and entered into effective as of the 20'"day of
January, 2015,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
Firestone,a Colorado municipal corporation,whose address is 151 Grant Avenue, Firestone Colorado 80520,
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 (including water and sewer services based on the
municipality's code and/or other municipal service policies) within the THREE (3) MILE AREA, as defined
herein; and
C. Title 29, Article 20 of the Colorado Revised Statutes, grants broad authority to local
governments to plan for and regulate development and the use of land within their respective jurisdictions,
accomplishing such activities through public processes that respect, protect, and promote private property
rights; and
D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages local
governments to cooperate and contract with each other for the purpose of planning and regulating the
development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and
related regulatory powers; and
E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate that the joint
and coordinated exercise by COUNTY and MUNICIPALITY of their respective planning,zoning, subdivision,
building and related regulatory powers in such areas will best promote the objectives stated in this CPA; and
F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan,set
forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which encourages the
establishment of intergovernmental agreements concerning growth areas with each municipality in Weld
County.
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 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 of COUNTY), to notify COUNTY in writing that MUNICIPALITY
and the applicant have agreed to the terms of a pre-annexation agreement. COUNTY shall not
process any application until the completion of said twenty-one(21)days, or until COUNTY receives
notification from the MUNICIPALITY that a pre-annexation agreement between MUNICIPALITY and
the applicant will not be pursued, whichever occurs sooner. If no such notification is received by
COUNTY during said twenty-one(21)days, processing of the application shall continue by COUNTY
to completion.
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(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.
FIRESTONE MEMORANDUM
COLORADO
A COMIRM►YMMOfiOM
DATE January 29, 2015
TO Donald Warden, Clerk of the Board
FROM Carissa Medina, Town Clerk
RE Coordinate Planning Agreement
CC N/A
Enclosed are two (2) executed originals of the Coordinated Planning Agreement
between Weld County and the Town of Firestone. Please return one (1) original to the
Town of Firestone, 151 Grant Ave., P.O. Box 100, Firestone, CO 80520 to my attention.
Please let me know if you have any questions or concerns.
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
Firestone
A Community
" In Motion
August 3,2006
Weld County Commissioners
915 Tenth St.
P.O. Box 758
Greeley, CO 80632
Dear Commissioners:
The Interim Coordinated Planning Agreement between Weld County, Firestone,
Frederick, and Dacono that was adopted in 1997 has served as an excellent tool for
intergovernmental cooperation and positive growth management for many years.
However, given the development pressures in the region and the County's desire to
continue approving urban style developments in the unincorporated area just outside the
Firestone Urban Growth Boundary, it appears that the existing agreement has become
ineffective. Therefore, a new specific intergovernmental agreement between Weld County
and Firestone might be more appropriate in an effort establish fixed urban growth
boundaries and limit urbanization to within them. In such a new intergovernmental
agreement Firestone would request that the County set a specific urban boundary around
the County's Mixed Use Development Area (MUD). Please consider this letter an
invitation to initiate discussions for the establishment such an intergovernmental
agreement between Weld County and Firestone. Also please consider this letter a formal
notice to terminate our existing Interim Coordinated Planning Agreement and the
associated uniform baseline standards agreement for the reasons noted above.
Thank you for your cooperation in these matters. We look forward to working with you
on a new intergovernmental agreement in the near future. For your reference we are also
contacting Longmont, Mead, Platteville, Fort Lupton, and Frederick to initiate discussions
regarding cooperative urban growth boundaries and hopefully the establishment of
appropriate open space and agricultural community separator areas in unincorporated
Weld County betw "cipalities.
Sincerely,
Mi c Simone
Mayor
C9 vS PL 4
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 2006-2230
Clpes N( itestyaal. (303) 833-3291 • fax (303) 833-4863
ot '19 -04'9 ono t C
cc Firestone Town Board of Trustees
Cheri Andersen, Firestone Town Administrator
Mayor and Trustees, Town of Frederick
Mayor and City Council, City of Dacono
Derek Todd, Frederick Town Administrator
Karen Cumbo,Dacono City Manager
Esther Gesick
From: Kristine Ranslem
Sent: Tuesday, February 10, 2015 1:14 PM
To: Esther Gesick
Subject: FW CPA
Attachments: Ord 2015-4 Legal Affidavit.pdf
FYI —please see email string below. Also, attached is the legal notice for Ordinance 2015-4 (Firetone's CPA).
Please let me know if you need anything else. Thanks!
ICristIne Rth'Lctekkt
Planning Technician
Weld County Planning Department
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100 ext. 3519
kranslem@co.weld.co.us
ft
I. _r
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: Tuesday, February 10, 2015 12:03 PM
To: Kristine Ranslem
Subject: FW: CPA
For the file.
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-353-6100, ext 3572
Mobile: 970-302-5333
ti rim! =
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1
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: Carissa Medina [mailto:CMedina@firestoneco.gov]
Sent: Tuesday, February 10, 2015 11:25 AM
To: Tom Parko Jr.
Cc: Bruce Nickerson-E; Rebecca Toberman; Wes LaVanchy
Subject: RE: CPA
Hi, Tom:
We could not track down the original letter that was submitted to Weld County indicating our withdrawal from the old
CPA. However, our understanding is that the agreement was terminated as of August 3, 2007. Please let this email serve
as notice that Firestone is no longer a party to the old CPA with the Town of Frederick and City of Dacono. Let me know
if you need anything else. We appreciate all of your help. Thanks!
CARISSA MEDINA ( Town Clerk
Town of Firestone I Town Hall
Physical: 151 Grant Ave., Firestone, CO 80520
Mail: P.O. Box 100, Firestone, CO 80520
Direct 303.531.6264 I Cell 720.284.9751 J Fax 303.833.4863
cmedina@FirestoneCo.gov www.FirestoneCo.gov
CONNECT WITH US!
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From: Wes LaVanchy
Sent: Tuesday, February 10, 2015 9:55 AM
To: 'Tom Parko Jr.'
Cc: Bruce Nickerson-E; Carissa Medina; Rebecca Toberman
Subject: RE: CPA
Importance: High
Tom
Thank you for your help on this. It is my understanding that Firestone submitted notice to Weld County (prior to your
tenure) that had us withdraw from the old CPA. I will ask staff to try and locate the letter.
Carissa/Rebecca,
Please see if we can track down the letter of notice to the county on this matter. If we cant find it lets send
correspondence to that effect.
wes
2
From: Tom Parko Jr. [mailto:tparko@co.weld.co.us]
Sent: Tuesday, February 10, 2015 9:51 AM
To: Wes LaVanchy
Cc: Bruce Nickerson-E
Subject: CPA
Wes-
Good morning. I hope your son is ok. Bruce told me what happened. Attached is the code changes going before
the PC regarding the CPA. "Ibis goes on March 3`d. Please take a look specifically at the change dealing with the
old CPA. Am I correct that Firestone pulled out of this one with Frederick and Dacono? I might need something
from you (email would suffice) that Firestone is not party to the old CPA. If Firestone is not a party I suggest
we take you out. You don't need to be present for the Planning Commission meeting but if you want to attend
please feel free.
Regards,
Torn Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-353-6100, ext 3572
Mobile: 970-302-5333
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.
3
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