HomeMy WebLinkAbout20153098.tiff 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:
CASE NUMBER: ORDINANCE 2015-16
PRESENTED BY: TOM PARK()
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 for the following reasons:
Motion seconded by Terry Cross.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 September 15, 2015.
Dated the 15`h of September, 2015.
Digitally signed by Kristine Ranslem
4/ ,ye24 y, Date:2015.09.21 10:15:19-06'00'
Kristine Ranslem
Secretary
2015-3098
Add Article XVII in its entirety:
ARTICLE XVII
Severance Plan
This Coordinated Planning Agreement("CPA") is made and entered into effective as of the
15`h day of June, 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 Severance,a Colorado municipal corporation,whose address is 3 S.
Timber Ridge Parkway, Severance, CO 80550, 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.
, m ... .
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.
9— /5'5—
Michelle Martin, Planning Services, presented Ordinance 2015-22, providing a brief explanation over the
proposed code change allowing the Department of Planning Services Staff to approve minor
modifications to the change of zone plats, such as the removal of building envelopes. Additionally, this
proposed code change would allow developments within the Urban Development Nodes to develop
through USR's, SPR's, or Change of Zone requests
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 2015-22 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Gene Stille.
Motion carried unanimously.
CASE NUMBER: ORDINANCE 2015-15
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 2015-15 and provided a brief outline of the
Coordinated Planning Agreement with the Town of Windsor.
Commissioner Wailes asked if this agreement will have any bearing on any planning cases that are
currently underway. Mr. Parko replied no.
CASE NUMBER: ORDINANCE 2015-16
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 2015-16 and provided a brief outline of the
Coordinated Planning Agreement with the Town of Severance.
The Chair asked if there was anyone in the audience who wished to speak for or against Ordinance 2015-
15 or Ordinance 2015-16. No one wished to speak.
Motion: Forward Ordinance 2015-15 and 2015-16 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Terry
Cross. Motion carried unanimously.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 6:17 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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