HomeMy WebLinkAbout20161500.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 2016-04
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 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 April 19 , 2016 .
Dated the 19th of April , 2016
Digitally signed by Kristine Ranslem
Ada5V-466,11944,41.)2dieu Date: 2016.04.25 10:28:55 -06'00'
Kristine Ranslem
Secretary
2016- 1500
Add Article XIII in its entirety :
ARTICLE XIII
Ault 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 Ault , a Colorado municipal corporation , whose address is 201 1St St
Ault , Colorado 80610 , 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. 3142- 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.
I 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
I 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 , April 19 , 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , and 1150 O Street, Greeley , Colorado . This meeting was called to order by Chair,
Jordan Jemiola , at 12 : 30 pm .
Roll Call .
Present: Bruce Johnson , Bruce Sparrow, Gene Stille , Jordan Jemiola , Michael Wailes , Nick Berryman ,
Terry Cross .
Absent: Benjamin Hansford , Joyce Smock.
Also Present: Chris Gathman , Diana Aungst, Michelle Martin , and Tom Parko , Department of Planning
Services ; Wayne Howard , Department of Planning Services — Engineering Division ; Lauren Light and Ben
Frissell , Department of Health ; Janet Lundquist, Public Works ; Bob Choate , County Attorney , and Kris
Ranslem , Secretary .
•
Motion : Approve the April 5 , 2016 Weld County Planning p Commission minutes , Moved by Bruce Sparrow,
Seconded by Bruce Johnson . Motion passed unanimously .
I
CASE NUMBER : ORDINANCE 2016-04
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 2015-27 and provided a brief explanation of the
Coordinated Planning Agreement between Weld County and the Town of Ault.
The Chair asked if there was anyone in the audience who wished to speak for or against this Ordinance .
No one wished to speak.
Motion : Forward Ordinance 2016-04 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 Johnson . Motion carried unanimously .
Meeting adjourned at 6 : 44 pm .
Respectfully submitted ,
Digitally signed by Kristine Ranslem
41)\-jordnt-d
Date: 2016.04. 25 10 : 19 :08 -06 '00 '
Kristine Ranslem
Secretary
1
COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN /CITY OF AULT , COLORADO, AND WELD COUNTY,
COLORADO
This Coor ' ated Planning Agreement ("CPA") is made and entered into effective as of
the h3ro day of , 2016, A.D., between the Board of County Commissioners of the
County of Weld, ate of Colorado, whose address is 1150 O Street, Greeley, CO 80631,
hereinafter called the "COUNTY," and the Town of Ault, a Colorado municipal corporation,
whose address is 201 1st St Ault, Colorado 80610, 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. 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
orbefore the Thursday immediately preceding the meeting
received on
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.
forperiod of one year
Termination. This CPA shall continue in effect o a
6.2 e
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 which rights are hereby reserved to each party.
party, g
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: gik
.
CLERK OF D ".;<-' 1 ( j� � BOARD OF COUNTY
0� /INWELD COUNTYCOMMISSIONERS, COLOFORADO
MSI
/ al( "11 _r
Deputy Cle r' to e Boa VIi p / Mike Freeman , Chairman
alms pro I-
ATtEl . eat 1 MUNICIPALITY
TOWN/CITY OF
, Town /City Clerk , Mayor
5
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