HomeMy WebLinkAbout20151951.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Terry Cross, 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 2015-12
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 Bruce Sparrow.
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 June 16, 2015.
Dated the 16th of June, 2015.
Digitally signed by Kristine Ranslem
T lYl. Date:2015.06.19 09:34:56-06'00'
Kristine Ranslem
Secretary
2015-1951
ARTICLE VIII
Milliken Plan
COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN OF MILLIKEN, 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 Milliken, a
Colorado municipal corporation, whose address is1101 Broad Street, Milliken Colorado,
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.
TOWN OF MILLIKEN
RESOLUTION NO. 15-11
Affirming the need to coordinate with Weld County for purposes of regulating land use,
growth and development.
WHEREAS, Weld County exercises governmental authority regulating land use, growth and
development within the unincorporated areas of Weld County, Colorado, which areas include
lands surrounding the Town of Milliken; and
WHEREAS, the Town of Milliken 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 within the proposed Coordinated Planning
Agreement; and
• WHEREAS, Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages
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
WHEREAS, 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
WHEREAS, pressures for growth and development in the Town of Milliken and Weld County
indicate that the joint and coordinated exercise by the Town of Milliken and Weld County of their
respective planning, zoning, subdivision, building and related regulatory powers in such areas
will best promote the objectives stated in the proposed Coordinated Planning Agreement; and
WHEREAS, the Town of Milliken Planning and Zoning Commission reviewed the proposed
agreement at their April 1, 2015 meeting and has recommended approval to the Town's Board
of Trustees;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF MILLIKEN THAT:
Section 1: The Coordinated Planning Agreement as attached as Exhibit A between the Town of
Milliken and Weld County is hereby approved, and the Mayor is authorized to execute the
• Agreement on behalf of the Town of Milliken.
PASSED AND APPROVED ON:
c9-0 t
Date:
•
ATTEST:
j
Ch L. Powel , Town Co-Clerk Milt To naga, Mayor
Tom Parko,Planning Services,presented Ordinance 2015-12,adding that this is a Coordinated Planning
Agreement between Weld County and the Town of Milliken.
Jordan Jemiola noted that he serves on the Milliken Town Board; however he abstained from the Town
meeting as he had discussions on a county level with this agreement.
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 2015-12 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Terry Cross,Seconded by Bruce Sparrow.
Vote:Motion carried by unanimous roll call vote(summary:Yes=7).
Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent:Jason Maxey.
CASE NUMBER: ORDINANCE 2015-1
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING,OF THE WELD COUNTY CODE.
Tom Parko, Planning Services, presented Ordinance 2015-1, and stated that this has been continued
over the past three months as staff has held three(3)stakeholder meetings with the oil and gas industry.
He said that initially he was directed by the Board of County Commissioners to look at designating
pipelines carrying crude, petroleum derivatives or high pressure gas under Chapter 21 of the Weld
County Code. However,after these meetings the Board has agreed to not pursue the 1041 process for
these pipelines and the proposed changes are only being considered to Chapter 23.
Mr.Parko said that the current code states that if the pipelines are regulated,licensed or permitted under
the federal regulations then it would be exempt from obtaining any permit through Weld County. The
proposed code change would remove this language from the Non-1041 process and require a standard
USR permit. He noted that electric transmission lines and substations will still be required to follow the
Non-1041 process.
In response to Commissioner Sparrow's inquiry,Mr. Parko stated that when these pipelines cross state
lines they fall under the Colorado Department of Transportation regulations.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kim Cooke, Anadarko Petroleum, 1099 18th Street, Denver, Colorado, stated that she also represents
Kerr McGee Gathering. Ms.Cooke stated that Anadarko and Kerr McGee support the draft that has been
proposed. She expressed appreciation to staff for considering their recommendations through the
stakeholder meetings.
Patrick Groom,822 7'h Street, Suite 760,Greeley,stated that he is the attorney representative for DCP
Midstream LP. He also commended staff for the effort they put into making a constructive dialogue take
place between the stakeholder industry and the County. Mr.Groom said that DCP generally supports the
proposed code changes. He clarified that intrastate pipelines can also be federally regulated pipelines
and currently there are FERC lines that do not cross state lines that are not submitted under the current
code to the Planning Commission for approval. Under this proposed code change,those pipelines will be
submitted to the Planning Commission along with interstate pipelines that are regulated by the
Department of Transportation. He believes that there is a question of whether the County has jurisdiction
to regulate those pipelines and it may be addressed potentially in court if there turns out to be a conflict
between a federal permit and the denial of the County of a USR.
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