HomeMy WebLinkAbout20002360.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple 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: Town of Kersey Intergovernmental Agreement
•
APPLICANT: Town of Kersey
PLANNER: Anne Best Johnson
REQUEST: An Intergovernmental Agreement between the Town of Kersey and Weld County
•
be recommended favorably to the Board of County Commissioners for the following reasons:
It is the Planning Commission's recommendation that the above mentioned Intergovernmental Agreement
meets the intent of the Weld County Comprehensive Plan as follows:
1. Comprehensive Plan UGB.Goal 1 states that Weld County will encourage and assis: each
municipality in establishing an intergovernmental urban growth boundary agreement. The
following UGB.Policy 1 states, Weld County recognizes that municipalities can and should
plan their own futures in terms of the nature and rate of growth.
The Town of Kersey has worked with Weld County in establishing this proposed Intergovernmental
Agreement. Through this agreement. the Town of Kersey has indicated their interest in planning for
responsible growth. The Town of Kersey is assisting the Department of Planning Services in conducting land-
use research in the proposed Urban Growth Boundary Area. A direct outcome of a commitment to conserve
natural and managed resources while directing growth and enhancing economic development through efficient
use of infrastructure. (Comprehensive Plan, page 3-1).
2. Comprehensive Plan UGB.Goal 2 and UGB.Policy 2 indicate that Urban developmert shall
be concentrated in or adjacent to urban growth boundary areas that provide an official designation
between future urban and non-urban uses. These boundaries shall be established through an
intergovernmental agreement between the municipality and the County.
The Town of Kersey has delineated their Urban Growth Boundary on the attached map. Through this
Intergovernmental Agreement, the Town of Kersey has specified the future growth of their community.
Further, it is noted that Weld County recognizes that it is appropriate for its municipalities to plan for growth
at their current boundaries and in the surrounding areas. Comprehensive Plan, page 3-1).
3. Comprehensive Plan UGB.Goal 3 states that the County and municipalities should coordinate
land use planning in urban growth boundary areas, including development policies and standards,
zoning, street and highway construction, open space, public infrastructure and other matters affecting
orderly development.
Through this Intergovernmental Agreement with the Town of Kersey, these principles will be met. The county
recognizes that an intergovernmental urban growth boundary agreement is by far the best tool for
coordinating development for municipal/county interface. (Page 3-1, Comprehensive Plan.) It is further noted
that the County Commissioners imparted the following criteria to guide the municipalities in developiig their
urban growth boundaries. These guidelines are the impetus for many communities in establishing an
Intergovernmental Agreement with Weld County:
2000-2360
RESOLUTION, Kersey IGA
Kersey I.G.A.
Page 2
1. Growth should pay for itself in terms of initial costs, and in the long range, through gooc
design and functional efficiency.
2. Annexation patterns should directly correlate with municipal service areas.
3. Infill of communities is a far more efficient use of land than urban sprawl.
As outlined on pages 3-1 and 3-2 of the Comprehensive Plan, the county recognizes that when growth at the
municipal/county level is not coordinated, problems arise. Additionally, when a municipality and the County
enter into an Urban Growth Boundary agreement, the County agrees to abide by the municipality's vision for
future development in the area. Likewise, the municipality agrees to limit its expansion to the defines areas
where it plans to provide municipal services. It is understood that urban growth is an ongoing process and
Urban Growth Boundary agreements will be subject to revision as needed.
4. The county recognizes that through intergovernmental agreements the municipality agrees
to limit its expansion to the defined areas where it plans to provide municipal services, therefore,
participating in responsible growth.
It is this belief that Weld County and the Town of Kersey desire to enter into this Intergovernmental
Agreement.
The purpose of this Intergovernmental Agreement between the Town of Kersey and Weld Coun:y 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 each
municipality. The community of Kersey exercises governmental authority over the same matter w'thir its
boundaries; including annexations.
The premise for this Intergovernmental Agreement is similar to the agreement for the seven previous
agreements this board has approved. Customized modifications include the following:
1. Section 3.3 (a) The last sentence was modified to include, "The County will not consider such
proposal for Development unless the applicant or its predecessor has submitted a ccmp'ete
annexation petition and been denied said annexation by the municipality Board or electorate
for a substantially similar development on the same property within the preceding 12 months "
This was added to strengthen the coordination in planning between the community's future
growth and the development process in the county.
2. Section 3.5 (iii)was removed. This subsection was eliminated because it was redundant to p-evious
subsections and often provided confusion in Section 3.5. "That the MUNICIPALITY's anti:ipated
zoning classification of the property is unreasonable because of existing or planned uses of adjacent
property."
It is the opinion of the Planning Commission and at the direction of the County Attorney that this
Intergovernmental Agreement be forwarded to the Board of County Commissioners with favorable
recommendation.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
Motion seconded by Stephen Mokray.
RESOLUTION, Kersey IGA
Kersey l.G.A.
Page 3
VOTE:
For Passage Against Passage
Cristie Nicklas Fred Walker
John Folsom Arlan Marrs
Jack Epple Bryant G'mlin
Stephen Mokray
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of?his
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, 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 March 21, 2000.
Dated the 21st of March, 2000.
0. TtMetA,LoCD--------
Trisha Swanson
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 21, 2000
Page 6
Tom Haren, representative for the applicant, noted that Development Standards#23 through#29 seem o be
covered by Development Standard #22 and that they would prefer to have just the one all-encompassing
Development Standard on the permit. Discussion followed concerning the need for these Developrner.t
Stancards.
Cristie Nicklas moved to delete Development Standards#23,#24,#25,#26, #27,#28, and#29. Arlan Marrs
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes; =red Walker, yes. Motion carried unanimously.
Cristie Nicklas moved that Case USR-1257 be forwarded to the Board of County Commissioners along wife
the Conditions of Approval and Development Standards as amended and renumbered with the Flaming
Commissions recommendation of approval. Arlan Marrs seconded the moron.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Gristle Nicklas,
yes; =red Walker, yes. Motion carried unanimously.
CASE NUMBER: Town of Kersey IGA
APPLICANT: Town of Kersey
PLANNER: Anne Best Johnson
REQUEST: An Intergovernmental Agreement between the Town of Kersey and Weld County.
Anne Best Johnson, Long Range Planner, presented the Town of Kersey IGA. The Department of Plar ning
Services is recommending approval of this application. Anne asked Bruce Barker to discuss tie changes to
the IGiA from previous IGA's. Bruce noted the following two changes:the removal of Section 3.5(iii)as it was
redundant to previous subsections and a time limit of 12 months for submitting a substantially similar rec uest
to the county after an annexation has been denied by the town.
Fred Walker asked if the time limit that is applied to the county could be applied to the towns as well, to Flak
it less possible to table the applications.
Glen Hansen,Vice Chair for the Kersey Planning Commission, was representing the town of Kersey. Arlan
Marrs asked if surrounding property owners were notified anc if the town would truly be able to supp y water
and sewer to the area included in the Urban Growth Boundary. Glen noted that the applicant lad to pa/the
cost for extending the lines, but that the town was in the process of a sewer study that would better note Nhat
services could be provided. Arlan noted that people in the Urban Growth Boundary area would be affected
by the town's decision, yet they are unable to vote for town elections. Fred Walker further noted that a I the
property owners affected need to be notified what is happening with this agreement. John Folsom questioned
if notirication would make that much of a difference to those in the area. Cristie Nicklas notec the hope that
this would open a dialogue between the different agencies in the area.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jack Epple moved that the Intergovernmental Growth Agreement for Kersey be forwarded to the Board of
County Commissioners along with the Planning Commissions recommendation of approval. Stephen Mokray
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, no; Stephan Mokray,yes;Jack Epple,yes; Bryant Gimlin, no; Cristie Nicklas.yes;
Fred Walker, no. Motion carried.
INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Town of Kersey and Weld County Case Number Ordinance
Submitted or Prepared
Prior to At Hearing
Hearing
1 Staff Comments (2 pages) X
2 Press Release X
3 Letter from the Town of Kersey, including the Coordinated X
Planning Agreement application (8 pages)
4 Weld County Public Health and the Environment, referral X
received, 2/29/2000
5 Referral List X
6 Referral Letter X
7 Letter to the Town of Kersey X
8 Maps prepared by the Town of Kersey (2 pages) X
9 Division of Wildlife, referral received 3/9/2000 (3 pages) X
10 Affidavit of Publication in the South Weld Sun X
11 Welborn Sullivan Meck & Tooley, P.C., for Union Pacific Rail X
Road, referral received 3/7/2000 (3 pages)
12 West Greeley Soil Conservation District, referral received X
3/6/2000
13 Weld County Department of Public Works, referral X
received/9/2000
14 City of Greeley, referral received/10/2000 X
2 Items submitted at planning commission
I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were fonNa-ded to
the Clerk to the Board's office. f j'
NI /2&
Anne Best Johnson
Long Range Planner\_
STATE OF COLORADO )
COUNTY OF WELD ) I
SUBSCRIBED and SWORN TO BEFORE ME THIS d\ I_day of //n (kWh _g9 f.)c)
SEAL
12 x lark/14z
n NOTARY PUBLIC
MY COMMISSION EXPIRES "(/c /A00
(r1 MEMORANDUM
hiDe TO: Weld County Planning Commission DATE: February 28, 2000
COLORADO FROM: Anne Best Johnson, Long Range Planner
SUBJECT: Intergovernmental Agreement for Kersey and
Weld County
Since 1995, Weld County has been working with communities in establishing Intergovernmental
Agreements. For your consideration, the Kersey and Weld County agreement has been prepared.
It is the Department of Planning Services recommendation that the above mentioned
Intergovernmental Agreement meets the intent of the Weld County Comprehensive Plan as fellows.
1. Comprehensive Plan UGB.Goal 1 states that Weld County will encourage and assist each
municipality in establishing an intergovernmental urban growth boundary agreement. The following
UGB.Policy 1 states, Weld County recognizes that municipalities can and should plan their own
futures in terms of the nature and rate of growth.
The Town of Kersey has worked with Weld County in establishing this proposed Intergovernmental
Agreement. Through this agreement, the Town of Kersey has indicated their interest in planning
for responsible growth. The Town of Kersey is assisting the Department of Planning Services in
conducting land-use research in the proposed Urban Growth Boundary Area. A direct outcome of
a commitment to conserve natural and managed resources while directing growth and enhancing
economic development through efficient use of infrastructure. (Comprehensive Plan, page 3-1 ).
2. Comprehensive Plan UGB.Goal 2 and UGB.Policy 2 indicate that Urban development shell be
concentrated in or adjacent to urban growth boundary areas that provide an official designation
between future urban and non-urban uses. These boundaries shall be established through an
intergovernmental agreement between the municipality and the County.
The Town of Kersey has delineated their Urban Growth Boundary on the attached map. Through
this Intergovernmental Agreement, the Town of Kersey has specified the future growth of their
community. Further, it is noted that Weld County recognizes that it is appropriate for its
municipalities to plan for growth at their current boundaries and in the surrounding areas.
(Comprehensive Plan, page 3-1).
3. Comprehensive Plan UGB.Goal 3 states that the County and municipalities should coordinate
land use planning in urban growth boundary areas, including development policies and standards,
zoning, street and highway construction, open space, public infrastructure and other matters
affecting orderly development.
Through this Intergovernmental Agreement with the Town of Kersey, these principles will be met.
The county recognizes that an intergovernmental urban growth boundary agreement is by far the
best tool for coordinating development for municipal/countY interface. (Page 3-1, Comprehensive
Plan.) It is further noted that the County Commissioners imparted the following criteria to guide the
SERVICE,TEAMWORK,INTL':)RITY.QUALITY
MOW
municipalities in developing their urban growth boundaries. These guidelines are the impetus for
many communities in establishing an Intergovernmental Agreement with Weld County:
1. Growth should pay for itself in terms of initial costs, and in the long range, through good
design and functional efficiency.
2. Annexation patterns should directly correlate with municipal service areas.
3. Infill of communities is a far more efficient use of land than urban sprawl.
As outlined on pages 3-1 and 3-2 of the Comprehensive Plan, the county recognizes that when
growth at the municipal/county level is not coordinated, problems arise. Additionally, when a
municipality and the County enter into an Urban Growth Boundary agreement, the County agrees
to abide by the municipality's vision for future development in the area. Likewise, the municipality
agrees to limit its expansion to the defined areas where it plans to provide municipal services. It is
understood that urban growth is an ongoing process and Urban Growth Boundary agreements will
be subject to revision as needed.
4. The county recognizes that through intergovernmental agreements the municipality agrees to
limit its expansion to the defined areas where it plans to provide municipal services, therefore,
participating in responsible growth.
It is this belief that Weld County and the Town of Kersey desire to enter into this Intergovernmental
Agreement.
The purpose of this Intergovernmental Agreement between the Town of Kersey and Weld County
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 each municipality. The community of Kersey exercises governmental authority
over the same matter within its boundaries; including annexations.
The premise for this Intergovernmental Agreement is similar to the agreement for the seven
previous agreements this board has approved. Customized modifications include the following
1. Section 3.3 (a) The last sentence was modified to include, "The County will not consider such
proposal for Development unless the applicant or its predecessor has submitted a complete
annexation petition and been denied said annexation by the municipality Board or electorate for a
substantially similar development on the same property within the preceding 12 months." This was
added to strengthen the coordination in planning between the community's future growth and the
development process in the county.
2. Section 3.5 (iii) was removed. This subsection was eliminated because it was redundant to
previous subsections and often provided confusion in Section 3.5. "That the MUNICIPALITY'S
anticipated zoning classification of the property is unreasonable because of existing or planned uses
of adjacent property."
It is the opinion of the Department of Planning Services staff and at the direction of the County
Attorney that this Intergovernmental Agreement be forwarded to the Board of County
Commissioners with favorable recommendation.
This recommendation is based, in part, upon a review of the application materials submitteci by the
applicant, other relevant information regarding the request, and responses from referral entities.
SI(VICL', IEAMIXORK,INTEGRITY,QUALITY
TOWN OF KERSEY
332 THIRD STREET TELEPHONE 970-353-1681
P.O. BOX 67 FAX 970-353-2197
KERSEY, COLORADO 80644
February 14, 2000
r S-� it r
Mr. Bruce T. Barker s+>
Weld County Attorney FL i ?( CC
915 Tenth Street
P. O. Box 1948 :LE) i JP 7
Greeley, Colorado 80632 As 'ORNEY S OF.4
RE: Proposed Coordinated Planning Agreement
Dear Mr. Barker:
The Board of Trustees of the Town of Kersey unanimously approved the proposed
Coordinated Planning Agreement at their regular meeting of February 8, 2000.
Both copies are signed. Please return an executed copy to this office.
Very� yours,
Candace Bridgwater
Town Clerk
CB
Enclosures (2)
Expert
fitt ‘''''
Weld County Referral
WIIDc
February 24. 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Town of Kersey Case Number Ord. 217 -Town of Kersey
IGA
Please Reply By March 3, 2000 planner Anne Best Johnson
Project An •
•
•
-,
•
.
AIntergovernmental Agreement between the Town of Kersey and Weld County my
Legal Please see attached map •
Location Please see attached map. _ _
•
Parcel Number
The application is submitted to you for review and recommendation. Any comments or recommendation ynnu
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may he
deemed to be a positive response to the Department of Planning Services. If you have any further qu estions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) March 21, 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive plan
❑ We have reviewed the request and find no conflicts with our interests
❑ See attached letter.
Comments:
Signature F // L""'�� }l / l// 6 QY@ 1 Z 0 , t' \ Date ( /c;.-e y/.2 (JO C
Agency (A/ U P //t t (/
tVJeld County Planning Dept. •'x1555 N 17th Ave. Greeley, CO. 80631 {•(970)353-6100 ext.3540 :•(970)304-6498 fa.<
1171
03/06/2000 16: 09 9703510392 USDA SERVICE CENTER FATE r ; t±1
ftS i: ,:,
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Imi I
•
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1firWecountWeIdcounRekrr
February 24 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review
Applicant Town of Kersey Case Number Ord. 217-Town of Kersey
IGA
Pease Reply/43y March 3, 2000 Planner Anne Best Johnson
Project An Intergovernmental Agreeme }t between the Town of Kersey and Weld Co my
Legal Please see attached map
Location Please see attached map,
Parcel Number
•
The application is submitted to you for review and recorpmendation. Any comments or recommendation ycu
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date nay be
deemed to be a positive response to the Department oflPtanning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) March 21, 2000
O ,We have reviewed the request and find that it does/does not comply with our Comprehensive Pier
V We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Date 3/4 !
00
•
Agency W"*"` & Ste. /
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 8b631 4(970)353-6100 ext.3540 •s(970)304-6498 fax
REFERRAL L ST
NAME: Town of Kersey CASE NUMBER: Ord. 217-Town of Kersey IGA
REFERRALS SENT: February 24, 2000 REFERRALS TO BE RECEIVED BY: March 3, 2000
COUNTY TOWNS and CITIES
_X Attorney _Ault
_X Health Department Brighton
__Extension Service Broomfield
__E.mergency Management Office Dacono
Sheriffs Office Eaton
_X Public Works Erie
_Housing Authority Evans
Airport Authority _Firestone
Building Inspection Fort Lupton
Code Enforcement Frederick
STATE _X Garden City
_Division of Water Resources Gilcrest
__Geological Survey _X Greeley
__Department of Health Grover
__Department of Transportation Hudson
Historical Society Johnstown
__Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
West of I-25 (Loveland) Lochbuie
X EEast of I-25 (Greeley) Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Elerthoud F-2 Northglenn
Elriggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
_ La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
_Pawnee F-22 Larimer
Platteville F-13
_X Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
:southeast Weld F-16 Federal Aviation Administration
_ Windsor/Severance F-17 Federal Communication Commission
_ Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X School District RE-7 _X Greeley
_2X_Ditch Companies: Latham and Plumb Longmont
X Union Pacific Railroad West Adams
COMMISSION/BOARD MEMBER_X Stephen Mokray
LiiTh
Weld County Referral
ifulitilip,' 0 February 2.4, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Town of Kersey Case Number Ord. 217 -Town of Kersey
I GA
Please Reply By March 3, 2000
Planner Anne Best Johnson •
Project
An Intergovernmental Agreement between the Town of Kersey and Weld County.
Legal
Please see attached map •
Location Please see attached map.
Parcel Number
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) March 21, 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests
❑ See attached letter.
Comments:
Signature Date
Agency
•Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 •:•(970)353-6100 ext.3540 :•(970)304-6498 fa>
I (o
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100. EXT.3540
FAX (970) E
17TH 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
February 24, 2000
Town of Kersey
PO Box 67
Kersey, CO 80644
Suoject: Ord. 217-Town of Kersey IGA- Request for an Intergovernmental Agreement betweer the Town
of Kersey and Weld County on a parcel of land described as of the 6th P.M., Weld County,
Colorado.
Dear Town of Kersey:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for March 21, 2000, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Greeley and Garden City Planning
Commissions for their review and comments. Please call the city of Greeley at 970-350-9780 and the town
of Garden City at 970-352-0041 for further details regarding the date, time, and place of these meetings. It
is recommended that you and/or a representative be in attendance at the Greeley and Garden City Planning
Commission meetings to answer any questions the Commission members may have with respect to your
application.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the
soneduled hearing. It is the responsibility of the applicant to call the Department of Planning Services office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Anne Best Johnson
Long Range Planner
EXHMIT
I
Wellborn Sullivan Meck & Tooley, P.C. Attorneys .it Law
1775 Sherman Street, Sui c 18(0
Denver.. Colorsdc 80203
Telephone: (303) 830-2 (0
Facsimile (303) 832-2366
Facsimile Transmission
The information in this facsimile transmission is CONFIDENTIAL AND LEGALLY PRIVILEGED, and is
intended only for the use ofthe individual or entity named below. If you are not the intended recipient,or you have
received this transmission in error, please return the original message to us at the above address. Thank you.
To; Anne Best Johnson Fax Phone No. 970-304-6498
From: Molly Sommerville, Esq.
Number of Pages Transmitting: 4 (Including Cover Sheet)
Date: March 7,2000 Time: 12:22 PM
Description: Proposed Coordinated Planning Agreement between Weld County and the
Town of Milliken and between Weld County and the Town of Kersey
Original Followed By: U.S. MAIL
If you have any problems with the transmission please call Cathy Hensel at(303)830-2.500
Message:
MOT
tO/[0 'd 96bb9L££0£ 'ON Xd.d Wd bt : IO 111 00-L0-8H ;
Welborn Sullivan Meck & Tooley, P.C. Attorneys ; t Law
1775 Sherman Srreol,S.it,)SOO
Veneer,Colonu o 311203
Telephone: 303,.30-,500
r'neslmdc: 303 1.32.2366
E-1111.111' wu.olr<oolcoin
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S'.cpheo.f Sunk..n
301.E F Me,ie
licit}. ) TraLy
March 3, 2000 Kral!): P Jnm
ItriH. -G r,Ly
M:r, V
:,:oily Sr
'.Villinrn R,,, .n
Via Facsimile 970-304-6498 Slop!r ,;, k,,n
and U.S. Mail "' 1`""
Dn rnir I r V.n nr n
Cm.n,d
Ms. Anne Best Johnson llohcr. W..;i,r
Weld County Planning Department Spa (1,.,n.cd
1555 N. 17th Avenue
N w.
Greeley, CO 80631 ,rr
RE: Proposed Coordinated Planning Agreement between Weld County and the
Town of Milliken and between Weld County and the Town of Kersey
Dear Anne:
Enclosed arc two letters for the members of the Planning Commission and the Board of
County Commissioners for Weld County with respect to the proposed Intergovernmental
Agreements between Weld County and the Town of Milliken and between Weld County and the
Town of Kersey. Please provide the members of the Planning Commission with a copy of the
letter in the hearings on the two agreements to be held on March 21, 2000 and please make the
letters a part of the record in each of the proceedings.
Very truly yours,
Molly Sommerville
MS:crh
Enclosures
cc: Mr. Tom Maranzino (w/encl.)
Marla Jones, Esq. (w/encl.)
Mr. Dan Casper (w/encl.)
inter,0.-i :yec POJ.r'
17020 'd 966b9L££0£ 'ON Xdd Wd 91 : 10 dill} 0C, LO 8N
Welborn Sullivan Meek & Tooley, P.C. Attorney. :,t LAW
1775 Fh,',Mtn Sl.rr et.S ilte 1800
nencc,,Cote.,at,60203
Telephone: 303 830.2000
FacEimller 303 832 2366
March 3,2000 r,,,,:,;1: *nol.conr
Join Welborn
Jci rk
Via Facsimile 970-304-6498 roll' D Tooley
andU,b, Mail n: r p lone
Sri:: 3.'loolcy
Mn V L,u'v
MOllySr
Members of the Planning Commission „en„=e Mohoo
and the Board of County Commissioners wan!,^ ' r„tron
for i`o'" ���� r"'�n Weld County It
1555 N. 17th Avenue nan;e l `'-';m.Ih
Greeley, CO 80631
12aL .t Wrlb•rn
RE: Proposed Coordinated Planning Agreement between Weld County and the wee,
Town of Milliken Jr. ``''alto'
r.orman 1Jv:lr, It.
Ladies and Gentlemen:
This law firm represents Union Pacific Resources Company ("UPRC") with respeGL to
land use matters in Colorado that may affect the mineral interests owned by UPRC or its affiliate,
Union Pacific Land Resources Corporation ("UPLRC"). UPLRC and UPRC together own
extensive mineral holdings throughout Weld County.
Weld County has in the past recognized the general principle of law in Colorado that a
County regulation that prohibits an oil and gas well from being drilled in a location that has been
approved by the Colorado Oil and Gas Conservation Commission is preempted by state law.
UPRC assumes that the County and the Town of Milliken will recognize this principle when it
applies the provisions in the Coordinated Planning Agreement("Agreement") to any notices or
applications that are filed with either governmental entity for a permit to drill an oil well and
specifically when the entities apply the provisions in the Agreement in Section 3.3 (f).
Very truly yours,
Molly Sommerville
cc: Mr. Tom Maranzino
Marla Jones, Esq.
Ken Wonstolen, Esq.
Mr. Dan Casper
' See J.undvall.Bros..Tnc. v. Voss, 812 P.2d 693 (16 Colo, App. 1990), affd, Voss v.
Lugdvall Bros., Inc., 831 P.2d 1061 (Colo.1992);Bowen/Rdwards Assoc„Inc. v. Board Ef
County Cpmm'rs., 812 P.2d 656 (Colo. App.1990), affd in part and rev'd in part, 831 P.2d 104 ti
(Colo. 1992).
r.rinkdei-cyckdpsper
10/£0 'd 96bb9L££0£ 'ON Xdd Wd 81 : 10 3f.,, 00- L0-elU 4
STATE OF COLORADO
8111 Owens,Governor CR4),DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL CPPORTUNITY EIFLOVER John W.Mumma,Director
0000 Denver,Br
oadway
802e For Wildlife-
Telephone:(3O3)237-1192 For People
Larry Rogatad,District Wildlife Manager March 9, 2000
1528 28te Avenue Court
Greeley,Colorado 80634 Phone:910-352-2143
Anne Best Johnson,Planner
Weld County Department of Planning Services
1555 North 17th Avenue Case: Ord. 217-Kersey
Greeley, Colorado 80631 Ord. 215-Milliken
Dear Anne,
I received the abover referenced packets concerning intergovernmental agreements, between Weld
County and the Towns of Kersey and Milliken,which when approved will establish a coordinated
process for land use planning and regulatory powers.
The Division of Wildlife applauds your efforts to provide coordinated land use planning in areas
surrounding towns in Weld County. With the current building boom along the Front Range, it is
essential that local governments work together in an effort to maximize efficient, reasonable growth and
to provide the best service to shared customers.
The division's only concern with the draft agreement is the lack of any statement concerning the
protection of precious natural resources,wildlife, and open space. We feel that these elements are
critical to sound and progressive land use planning efforts! If land use planning neglects quality natural
resources,the resulting development may be less attractive for people, and may create long term
negative impacts on adjacent systems. Therefore,we would recommend that in paragraph 1 (Purposes
and objectives)on page 1, sentence two should be modified as follows;The objectives of.... ... .....
of the inhabitants and natural resources of the area (' f by -
Thank you for the opportunity to review these draft agreements. Please contact me if I can be of
further service.
Best Regards,
Larry Rogstad
Cc Dave Clarkson, Area Wildlife Manager
DEPARTMENT OF NATURAL RESOURCES,Greg Watcher,Emcutne Director
WILDUFE COMMISSION,Chuck Lewis,Chairman-Mark LeVailsy,Vice-CtSnnan-Bernard L Black Jr.,Secretary
Rick Enstrom,Member•,Rtlip James Member•Marianna Raaopoulos,Member
Arnold Salazar,Member•Bob Shoemaker,Member -Greg Welcher,Non-Voting Member •Don Arnett,Non-Voting Member
2 ' d Et• I -2SE-OL6- T aJ' TPTTM Jo u0IsIATEI e64 : Tt OO 6O Ae.4
Legend ,_..w.
---- KERSEY TOWN LIMITS
- - - KERSEY PRIMARY URBAN GROWTH
AREA (PUGA)
KERSEY SECONDARY URBAN GROWTH
AREA (SUGA)
• KEiSEY PLANNING AREA
10') YEAR FLOODPLAIN
1
North
0 1500' 3000'
�J
SCALE: 1"=3000'
•
MERSEY
PLANNING AREAS
KERSEY COMPREHENSIVE PLAN
COLORADO
SEPTEMBER 1998
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(82530 DELAWARE72-328AVE., SUITE 500665 283 F X: CO.O3) 60561 �r��
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,Jeld County Planning Lei-
We/dAeotheity Referral
WIiDc
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Town of Kersey Case Number Ord. 217 -Town of Kerse✓
IGA
•
Please Reply By March 3, 2000 Planner Anne Best Johnson
Project An Intergovernmental Agreement between the Town of Kersey and VVeld Couity.Legal Please see attached map
Location Please see attached map.
Parcel Number
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this dare may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) March 21. 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
$ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature yey 1-41 CtjG,U217 Date 03 - cl -
Agency fa-41.—c_ j O--titt
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fa>
OFFICE OF COMMUNITY DEVELOPMENT
City Of 1100 10TH STREET,GREELEY,COLORADO 80631 (970)350-9780 FA;( (970i 350-98'":\
Greeley
March 10, 2000
Anne Best Johnson
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80634
Subject: Kersey Intergovernmental Agreement
Dear Anne:
Thanks for the opportunity to comment on the proposed Intergovernmental Agreement (IGA)
between Weld County and Kersey. While it should be noted the proposed location for the
agreement is not in an area Greeley expects to grow into, and therefore should have little :impact
on Greeley, several comments did arise during our review, including:
I. Section 3.1 - Suggest adjusting the last sentence. As written, a municipality can
comment, but there are no assurances the municipality's concerns will be taken seriously.
There is no binding process that will provide assurances the interests of both the County
and the Municipality will be protected.
2. Section 3.3(c) - Suggest adjusting the first sentence. It should be the responsibility of
both the developer and municipality to provide water and sewer to the proposed property
in the Urban Growth Area, not the municipality's sole responsibility.
3. Section 3.3(d) - Suggest changing the first sentence to include the underlined phrase.
"..will require public water service, capable of providing the needed fire flow for fire
protection purposes, and sewer service...": The capacity of the water system to provide
domestic and fire protection water is critical to prudent and reasonable subdivision
requirements as well as health, safety and welfare issues. It also improves the ability of a
municipality to provide adequate water service as the municipality grows.
Thanks again for the opportunity to comment on this proposed IGA
Sincerely, :void County
GrTho son
PI ing anager Q C F" F V t
(iiii EEi 1.
� l
11W Pc.
COLORADO
MEMORANDUM
TO: Towns of Kersey and Mead April 4, 2000
From: Anne Best Johnson, Long-Range Planner
SUBJECT: IGA Board of County Commissioner Hearings
Greetings. I hope this weather finds you all well.
The following schedule illustrates the three-hearing process for the Board of County
Commissioners to hear the Mead and Kersey IGAs. These hearings occur at 9 a.m. and will
take place in the Commissioner's Hearing Room, First Floor, Centennial Center, 915 10th
Street, in Greeley. It is important to have a representative from your community present at
these hearings.
First Reading: April 12, 2000
Second Reading: May 1, 2000
Final Reading: May 22. 2000
Effective: May 30, 2000
Please do not hesitate to contact me with further questions. Thanksi g.
EXHIBIT
-A
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