HomeMy WebLinkAbout20161136.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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 2016-02
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.
Motion seconded by Bruce Johnson.
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 March 15, 2016.
Dated the 15th of March, 2016
Digitally signed by Kristine Ranslem
46,\A"b6"_,�} A'l. Date:2016.03.17 08:08:09-06'00'
Kristine Ranslem
Secretary
2016-1136
Nap- -.0MIENNI
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: Town of Kersey CPA
DEPARTMENT: Planning DATE: January 29.2016
PERSON REQUESTING: Tom Parko
Brief description of the problem/issue• l
e Town of Johnstown submitted a CPA to the County w/o amendments
What options exist for the Board? (Include consequences,impacts, costs, etc. of options)
• Consider the CPA with Kersey
• Modify the CPA with Kersey
• Do not consider the CPA with Kersey
Recommendation:
The Town of Kersey signed the CPA w/o changes. Staff recommends that the CPA be placed on the
Commissioner's agenda for consideration and adoption.
Approve Schedule
Recommendation Work Session Other/Comments:
Mike Freeman, Chair mP
Barbara Kirkmeyer ?(-
Sean P. Conway
Julie Cozad
Steve Moreno Jvt
Add Article IX in its entirety:
ARTICLE IX
Kersey Plan
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
day of , 2016, 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 Kersey, a Colorado municipal corporation, whose address is 332
3rd Street, 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
0 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 15, 2016
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,
Jordan Jemiola, at 12:45 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Diana Aungst, and Tom Parko, Department of Planning Services; Wayne Howard,
Department of Planning Services— Engineering Division; Lauren Light, Department of Health; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the March 1, 2016 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: ORDINANCE 2016-02
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 2016-02 and provided an explanation on Weld
County's Coordinated Planning Agreement with the Town of Kersey.
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 2016-02 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Meeting adjourned at 2:11 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
444-1.41,2fvu Date: 2016.03.17 08:03:31 -06'00'
Kristine Ranslem
Secretary
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332 3rd Street P.O. Box 657 Kersey, CO 80644
Office-970-353- 1681 Fax-970-353-2197
January 22, 2016
Weld County Commissioners
PO Box 758
Greeley, CO 80632
Re: Coordinated Planning Agreement
To Whom It May Concern:
Please find enclosed the Coordinated Planning Agreement signed by the mayor. Also
attached are the notes that the public hearing was held to approve the agreement. We
look forward to a signed copy from the commissioners once that is completed. Please let
me know if anything further is needed.
Sincerely,
C4jJLiu
Juli Piper
Town Clerk/Treasurer
Enclosures
L
COORDINAT Q PLANNING AGREEMENT
BETWEEN THE TOWN / CITY OF r ' L COLORADO, AND WELD COUNTY,
COLOR O
This Coord gated Planning Agreement ("CPA") is made and entered into effective as of
the IL day ofjchlatalit, 2016 A. D . between the Board of County Commissioners of the
County of Weld , State of G lorado whose address is 1150 O Street, Greeley, CO 80631 ,
hereinafter called the "COUNTY, " and the Town / City of ret cu , a Colorado
municipal corporation, whose address is 50)i ?rd jyf &- 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
1
welfare of the inhabitants of the parties and to achieve maximum efficiency and economy in the
process of development.
p nt 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
2
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,
3
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 b
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, uponpublished notification
p
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.
IN WITNESS WHEREOF, the parties have executed this CPA effective as of the date
first above written .
ATTEST:
CLERK OF THE BOARD BOARD OF COUNTY
Donald Warden COMMISSIONERS OF
WELD COUNTY, COLORADO
Deputy Clerk to the Board , Chairman
4
ATTEST: MUNICIPALITY
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NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing to be held before the Board of Trustees of
the Town of Kersey at 7 : 00 p.m. on the 12th day of January, 2016, at the Kersey Town Hall,
332 Third Street, Kersey, Colorado for the purpose of considering the Coordinated Planning
Agreement between the Town of Kersey, Colorado and Weld County, Colorado.
The proposed Agreement would modify the former Coordinated Planning Agreement
between the Town of Kersey, Colorado and Weld County, Colorado concerning notifications
regarding annexations and developments and establishing common development standards for
roads, bridges, drainage, and similar facilities .
A copy of the proposed Agreement is available for public inspection at the Kersey Town
p
Hall during normal business hours.
This Notice is given and published by order of the Board of Trustees of the Town of
Kersey, Colorado.
DATED this
day of December, 2015 .
Julie i r Town Clerk
Unapproved Minutes — 1121/ 16
TOWN OF KERSEY
BOARD OF TRUSTEES MEETING
JANUARY 12, 2016 - MINUTES
The Kersey Board of Trustees met in a regular meeting on Tuesday, January 12 , 2016 , at the Kersey Town Hall.
Mayor Bob Kellerhuis at approximately 7: 00 p. m . called the meeting to order. Trustees present were: Sheri
OIk , Coralie Slusher, Christopher Smith , Jeff Flot, Gary Mount, and Jay Pier.
Audience present were : Landon Cogburn , Sarah Jones, Douglas Myers , Allen Salser, Nancy Adame, Sherri
Kaspar, Stan Sameshima, Cody Meeker, RaeAnn Meeker, and David Profit.
Town Staff present were : Julie Piper, Town Clerk/Treasurer, Brett Bloom , Town Administrator/Public Works
Director, David Gottschalk, Chief of Police, and Don Hoff, Town Attorney.
Pledge of Allegiance
Consent Agenda
1 . Approval of the consent agenda to include approval of the minutes of the December 8, 2015 regular
meeting minutes and the December 29, 2015 special meeting minutes and approval of bills paid .
Motion was made by Trustee Pier and seconded by Trustee Flot to approve the consent agenda .
Motion carried with a 7-0 vote.
Public Invited to be Heard
Sarah Jones, 705 7th Street, thanks the public works crew for having the main streets of town plowed .
Landon Cogburn , 144 W 2"4 Street, asks why during the big storm in December the streets were not
plowed and he saw the plows without the blades down several times. He notes that he saw on social
media that there is limited funding for snow removal and suggests that be addressed in the future since
that has been an issue for a long time.
Sherry Kaspar, KMHP, agrees about the snow removal , always saw the blades up, nothing was being
done, the sidewalk from the mobile home park has not been cleared . She also states the handicapped
parking spot here is being blocked . She also notes that her caregiver has been given a parking ticket in
the mobile home park, however, she notes other cars that are parked the wrong direction and parking
on the street are not being ticketed .
Doug Myers, PVFD , states the fire department's position regarding snow removal is the same as stated
in the letter from last year. They agree for safety reasons that snow be pushed to the side so that
emergency vehicles can get thru on the streets. Trustee Slusher asks how long he has lived in Kersey.
He states he lives in LaSalle but has worked in Kersey for eight years. When he first started here, snow
was pushed to the middle and then removed but had to go over the ridge or go down and around the
middle ridge until the snow was removed . He states he was asked to attend this meeting by the town
administrator and the police chief. Mayor Kellerhuis thanks the fire department for their help with the
waterline break on First Street a couple months ago.
Public Hearing — Coordinated Planning Agreement
Mayor Bob Kellerhuis opens the public hearing at approximately 7: 19 p. m. Don Hoff explains the
Coordinated Planning Agreement with Weld County is being considered for adoption . Last one being
several years ago. The only change is that Weld County is requesting that they be notified of any land
use referrals and that adoption of the agreement requires a public hearing . There are no public
comments. Public hearing is closed at approximately 7:22 p. m .
Motion made by Trustee Pier and seconded by Trustee Slusher to approve the Coordinated Planning
Agreement with Weld County. Motion carried with a 7-0 vote.
January 22, 2016
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