HomeMy WebLinkAbout20152308.tiff 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:
CASE NUMBER : ORDINANCE 2015- 13
PRESENTED BY : TOM PARKO
REQUEST : IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS .
•
CHAPTER 19 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 July 7 , 2015 .
Dated the 7th of July , 2015 .
Kristine Ranslem
Secretary
2015-2308
ARTICLE I
Platteville Plan
COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN OF PLATTEVILLE, COLORADO, AND WELD COUNTY,
COLORADO
This Coordinated Planning Agreement("CPA")is made and entered into effective as
of the day of , 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 Platteville, a
Colorado municipal corporation, whose address is 400 Grand Avenue, Platteville, CO
80651, 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 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 meeting 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 five hundred ( 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 ten
( 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 meeting 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 , recognizing that neither
party can agree by this CPA to contract away its police power . 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 one ( 1 ) year prior 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 a public
hearing , 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 declaratory and /or injunctive relief, or other equitable relief, but not by specific
performance . 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 .
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday , July 7 , 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 : 40 pm .
Roll Call .
Present : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jason Maxey , Jordan Jemiola , Joyce
Smock , Michael Wailes , Nick Berryman , Terry Cross .
Also Present : Chris Gathman , Diana Aungst , and Tom Parko , Department of Planning Services ; Wayne
Howard , and Jennifer Petrik , Department of Planning — Engineering Division ; Lauren Light and Heather
Barbare , Department of Health ; Brad Yatabe , County Attorney , and Kris Ranslem , Secretary .
Motion : Approve the June 16 , 2015 Weld County Planning Commission minutes , Moved by Michael
Wailes , Seconded by Bruce Johnson . Motion passed unanimously .
CASE NUMBER : ORDINANCE 2015- 13
PRESENTED BY : TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS , OF THE WELD
COUNTY CODE .
CASE NUMBER : ORDINANCE 2015- 14
PRESENTED BY : TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS , OF THE WELD
COUNTY CODE .
Tom Parko , Planning Services , presented Ordinance 2015- 13 , and stated that there is an existing
agreement with the Town of Platteville . However, he added that they would like to pursue the new
coordinated planning agreement. The Town has met with staff and the Board of County Commissioners
and all parties agreed to the language . The Department of Planning Services recommends approval of
this request.
Tom Parko , Planning Services , presented Ordinance 2015- 14 , and stated that this is a new Coordinated
Planning Agreement with the Town of Mead . The Department of Planning Services recommends
approval of this request .
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- 13 to the Board of County Commissioners along with the Planning
Commission ' s recommendation of approval , Moved by Jordan Jemiola , Seconded by Benjamin
Hansford .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 9) .
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jason Maxey , Jordan Jemiola , Joyce Smock ,
Michael Wailes , Nick Berryman , Terry Cross .
Motion : Forward Ordinance 2015- 14 to the Board of County Commissioners along with the Planning
Commission ' s recommendation of approval , Moved by Joyce Smock , Seconded by Michael Wailes .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 9) .
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jason Maxey , Jordan Jemiola , Joyce Smock ,
Michael Wailes , Nick Berryman , Terry Cross .
Commissioner Maxey extended appreciation for staff in building relationships with the municipalities
within the county .
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Meeting adjourned at 4 : 08 pm .
Respectfully submitted ,
Digitally signed by Kristine Ranslem
•
411..)\1661-e--91a4,16&44_,
Date: 2015 .07 . 10 07 :29:42 -06'00'
Kristine Ranslem
Secretary
2
Cheryl Hewitt
From : Cheryl Hewitt
Sent : Tuesd - June 23 , 2015 10 : 20 AM
To : Parko Jr ; Kristine Ranslem ; Michelle Martin ; Esther Gesick
Subject : Ord #2015- 13 /and Ord #2015- 14
P(Rtel/A110.
All : Someone just brought it to my attention that these 2 ordinances were scheduled ( by me ! ) for 3rd ( final ) reading on a
holiday, Sept 7 . . . . so I think we can kept our publish and effective dates the same, but change the 3rd reading to
Wednesday, Sept 9 . Is that okay with everyone ?
tYherylL. Hewitt
Deputy Clerk to the Board
1150 O Street ! P. O. Box 758 ' Greeley, CO 80632
email: chewitt@weldgov. com
tel: (970) 336- 7215 X4227
4y ., 1, .
tY
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 .
1
Cheryl Hewitt
To : Kristine Ranslem ; Esther Gesick ; Tom Parko Jr.
Subject : RE : New Ordinance for code changes
/ ce
00410,t0/5.e
Kris/Tom :
How' s this ?
PC — 7/7
Kris to CTB — 7/ 14
1st reading — 7/27
Send to paper — 7/31
Publish 8/5
2n`{ reading — 8/ 17
Send to paper -- 8/21
Publish — 8/26
3rd reading Th.3s 9 q
Send to paper -- 9/ 11
Publish — 9/ 16
Effective -- 9/21
Please let me know ! Thanks . u
Cheryl L. Hewitt
Deputy Clerk to the Board
1150 0 Street 1 P. O. Box 758 j Greeley, CO 80632
email: chewitt@weldgov. com
tel: (970) 336- 7215 x4227
' + --a„
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 .
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From : Kristine Ranslem
Sent : Tuesday, June 02, 2015 8 : 27 AM
To : Cheryl Hewitt; Esther Gesick
Subject : New Ordinance for code changes
1
Cheryl Hewitt
From : Kristine Ranslem
Sent : Tuesday , June 02 , 2015 8 : 27 AM
To : Cheryl Hewitt; Esther Gesick
Subject : New Ordinance for code changes
Follow Up Flag : Follow up
Flag Status : Flagged
Tom Parko, Planning Director, will be presenting code changes to the PC to include a Coordinated Planning Agreement
with the Town of Platteville on July 7th . The code change will be in Chapter 19 Coordinated Planning Agreements . Could
you please schedule BOCC hearing dates ? P ----
.//1
If you have any questions, please let me know . Thank you ! ! • tb �, 775 7/� y
Kristie Tea yiStG'pu. Me a-c-Lel 7kijPlanning Technician � i '� /
Weld County Planning Department 42/kal,Chtt I
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1555 N 17th Ave
Greeley, CO 80631 o� �t. i- � 1/ 1
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Confidentiality Notice : This electronic transmission and any attached currents 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 .
1
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