HomeMy WebLinkAbout20161538.tiff WELD COUNTY
CODE ORDINANCE 2016-02
(Corrected as to Article reference number throughout)
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19
COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 19
COORDINATED PLANNING AGREEMENT
Repeal and re-enact ARTICLE IX - Kersey Plan in its entirety.
ARTICLE IX
Kersey Plan
Sec.19-9-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
9th day of May, 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, Kersey, CO 80644, hereinafter called the "MUNICIPALITY." The COUNTY and
MUNICIPALITY are hereinafter sometimes referred to individually as "party" and collectively as
"the parties."
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Carly Koppes, Clerk and Recorder, Weld County, CO ,III Wi'dg kr lN M itilifrilkIMIIIMllk Bill
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Sec. 19-9-20. Recitals.
A. The COUNTY exercises governmental authority regulating land use, growth and
development within the unincorporated areas of Weld County, Colorado, which areas include
lands surrounding the MUNICIPALITY; and
B. The 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 the MUNICIPALITY and COUNTY indicate that
the joint and coordinated exercise by the 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.
Sec. 19-9-30. 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 the 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 the MUNICIPALITY, for incorporated areas,
and within the COUNTY, for unincorporated areas, is subject to exclusive final approval by the
governing body of the MUNICIPALITY or COUNTY, respectively.
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Sec. 19-9-40. Definitions.
For the purposes of this CPA the following terms shall be defined as set forth herein:
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 fora 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.
THREE (3) MILE AREA. The area as defined by Colorado Revised Statutes, C.R.S. 31-
12-105.1.E.
Sec. 19-9-50. Planning Coordination.
This CPA is intended to be a Comprehensive Development Plan adopted and implemented
pursuant to Section 29-20-105(2) C.R.S. Following the execution of this CPA by both parties,
applications to the COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
processed and determined in accordance with the following:
A. Referral. The COUNTY shall refer all proposals for the DEVELOPMENT within the
THREE (3) MILE AREA to the 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. The COUNTY shall allow not less than twenty-one (21)
days for the MUNICIPALITY to review the referral and furnish its recommendations to the
COUNTY staff prior to formulation of the COUNTY staff recommendation. If the
MUNICIPALITY does not respond within such time, the COUNTY staff may proceed with its
recommendation, but any comment or recommendation from the 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, the COUNTY may assume it has no objection to the proposal. If the
= MUNICIPALITY submits recommendations, the COUNTY shall either include within its written
MI decision the reasons for any action taken contrary to the same or furnish such reasons to the
MUNICIPALITY by a separate writing. The MUNICIPALITY shall be given notice of, and may
appear and be heard at, any hearing or other proceeding at which the COUNTY shall consider
a DEVELOPMENT subject to the foregoing referral process.
3 B. Development within THREE (3) MILE AREA. Upon receipt of any proposal for
DEVELOPMENT within the THREE (3) MILE AREA then currently eligible for voluntary
m3M annexation to the MUNICIPALITY, the COUNTY shall, in writing, at time of a pre-application
�
with the Department of Planning Services, notify the proponent of the opportunity for
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r) annexation. The Director of Planning Services shall, in writing, notify the MUNICIPALITY's
Mce&S- mayor and his or her designee of the proposal. The MUNICIPALITY shall have twenty-one
in,-cre (21) days following contact by the proponent, which shall be documented, in writing, (with a
1N"M copy of the COUNTY), to notify the COUNTY, in writing, that the MUNICIPALITY and the
dm applicant have agreed to the terms of a pre-annexation agreement. The COUNTY shall not
NU-4
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process any application until the completion of said twenty-one (21) days, or until the
COUNTY receives notification from the MUNICIPALITY that a pre-annexation agreement
between the MUNICIPALITY and the applicant will not be pursued, whichever occurs sooner.
If no such notification is received by the COUNTY during said twenty-one (21) days,
processing of the application shall continue by the COUNTY to completion.
C. 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.
D. Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT
which lie within five hundred (500) feet of any property in unincorporated Weld County to the
COUNTY for its review and recommendation. Such referral shall include at least a copy of
the written DEVELOPMENT proposal. The MUNICIPALITY shall allow not less than twenty-
one (21) days for the COUNTY to review same and furnish its recommendations to the
MUNICIPALITY. If the COUNTY submits no comment or recommendation, the
MUNICIPALITY may assume it has no objection to the proposal. If the COUNTY submits
recommendations, the MUNICIPALITY shall either include within its written decision the
reasons for any action taken contrary to the same or furnish such reasons to the COUNTY by
a separate writing. Where the DEVELOPMENT is proposed as part of an annexation of more
than ten (10) acres, the provisions of this section shall be deemed satisfied by compliance by
the MUNICIPALITY with the notice and impact report provisions of the most current version
of the Municipal Annexation Act then in effect. The COUNTY shall be given notice of, and
may appear and be heard at any hearing or other proceeding at which the MUNICIPALITY
shall consider a DEVELOPMENT subject to the foregoing referral process.
Sec. 19-9-60. 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 19-4-50. 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.
Sec. 19-9-70. Establishment of Common Development Standards.
The 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 the 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).
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Sec. 19-9-80. Miscellaneous provisions.
A. 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.
B. 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.
C. 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 D. and E. below).
D. Adoption by the MUNICIPALITY. The MUNICIPALITY shall at public hearing(s),
consider this CPA for adoption upon published notification. The MUNICIPALITY shall
provide a complete record of such public hearing(s) to the COUNTY for review prior to the
start of the COUNTY's adoption process detailed in Section E. below.
E. Adoption by the COUNTY. The 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, the COUNTY shall review the complete record of the public
hearing(s) held by the 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.
F. 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.
G. 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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2016-02 was, on motion duly made and
seconded, adopted by the following vote on the 9th day of May, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di,a.„
� '1.c.,...
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
BY 2,,_p Sean P. Conway, Pro-Tern
eputy Clerk to the Board .., Lu1'
�I � t J . Cozad
APPROV- D AS e r% � �` XCUSED
.arbara Kirkmeyer
ounty :Orrney �r�' ,► `�! 'Z-�-�S s
�/ Steve Moreno U
:Moo
Publication: February 24, 2016 G 131
mm
,q`�
First Reading: March 28, 2016 0 0_0
Publication: April 6, 2016, in the Greeley Tribune �oLL
Second Reading: April 18, 2016 1100.4;
Publication: April 27, 2016, in the Greeley Tribune go( -=
dmm,
No
Final Reading: May 9, 2016
Publication: May 18, 2016, in the Greeley Tribune I.-19 a
No
CO�Y�
Effective: May 23, 201610
�U
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Carly Koppes, Clerk and Recorder, Weld County, CO
111114Ur1MNIYE l 11
JE C F
MAY 10 20W
COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN/CITY OF.I Ws-Q4-, COLORADO, AND We1 b f ping Ceparimerrt
COLORADO G ELEy� OFFICE
This Coordi ated Planning Agreement ("CPA") is made and entered into effective as of
the day o , 201& A.D., between the Board of County Commissioners of the
County of Weld, State of C lorado, whose address is 1150 O Street, Greeley, CO 80631,
hereinafter called the"COUNTY,"and the Town/City of n- t , a Colorado
municipal corporation, whose address is n7, zal , , 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
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Carly Koppes, Clerk and Recorder, Weld County, CO Carly Koppes, Clerk and Recorder, Weld County, CO
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welfare of the inhabitants of the parties and to achieve maximum efficiency and economy in the
process of development. However, any action taken pursuant to this CPA that pertains to any
land within MUNICIPALITY, for incorporated areas, and within COUNTY, for unincorporated
areas, is subject to exclusive final approval by the governing body of MUNICIPALITY or
COUNTY, respectively.
2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined
as set forth herein:
2.1 DEVELOPMENT. Any land use requiring regulatory approval by the
elected governing body of the applicable party in the THREE (3) MILE AREA, except for
an amendment to a plat or a down-zoning, neither of which creates any additional lots,
and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural
uses, which are lawful uses, either as uses-by-right under the Weld County Code, or as
legally existing non-conforming uses, are also exempt from the definition of
"DEVELOPMENT."
2.2. THREE(3)MILE AREA. The area as defined by Colorado Revised
Statutes, C.R.S. 31-12-105.1.E.
3. PLANNING COORDINATION. This CPA is intended to be a Comprehensive
Development Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2). Following the
execution of this CPA by both parties, applications to COUNTY for DEVELOPMENT within the
THREE (3) MILE AREA shall be processed and determined in accordance with the following:
3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within
the THREE (3) MILE AREA to MUNICIPALITY for its review and recommendation. Such
referral shall include at least a copy of the written DEVELOPMENT proposal and
preliminary COUNTY staff summary of the case. COUNTY shall allow not less than
twenty-one (21) days for MUNICIPALITY to review the referral and furnish its
recommendations to COUNTY staff prior to formulation of the COUNTY staff
recommendation. If the MUNICIPALITY does not respond within such time, COUNTY
staff may proceed with its recommendation, but any comment or recommendation from
MUNICIPALITY received on or before the Thursday immediately preceding the meeting
of the Board of County Commissioners or Planning Commission when the matter shall
be considered shall be transmitted to the Board or Commission. If the MUNICIPALITY
submits no comment or recommendation, COUNTY may assume it has no objection to
the proposal. If MUNICIPALITY submits recommendations, COUNTY shall either
include within its written decision the reasons for any action taken contrary to the same
or furnish such reasons to MUNICIPALITY by a separate writing. MUNICIPALITY shall
be given notice of, and may appear and be heard at any hearing or other proceeding at
which COUNTY shall consider a DEVELOPMENT subject to the foregoing referral
process.
3.2 Development Within THREE (3) MILE AREA. Upon receipt of any
proposal for DEVELOPMENT within the THREE (3) MILE AREA then currently eligible
for voluntary annexation to MUNICIPALITY, COUNTY shall, in writing, at time of a pre-
application with the Department of Planning Services, notify the proponent of the
opportunity for annexation. The Director of Planning Services shall, in writing, notify
MUNICIPALITY's mayor and his or her designee of the proposal. MUNICIPALITY shall
have twenty-one (21) days following contact by the proponent, which shall be
documented in writing (with a copy of COUNTY), to notify COUNTY in writing that
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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,
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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 2F
specific performance, declaratory and/or injunctive relief, or other equitable relief. The a�
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. x
No other person or entity shall have any right to enforce the provisions of this CPA. ms
r 3
IN WITNESS WHEREOF,the parties have executed this CPA effective as of the date "�
first above written. GILL BB
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ATTEST: ;� iE12
CLERK OF �D • BOARD OF COUNTY �aY
COMMISSIONERS OF dn
WELD COUNTY, COLORADO -(
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FTOWN/CITY OF
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WELD COUNTY
CODE ORDINANCE 2016 -02
IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 19
COORDINATED PLANNING AGREEMENTS , OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD , STATE OF COLORADO :
WHEREAS , the Board of County Commissioners of the County of Weld . State of
Colorado. pursuant to Colorado statute and the Weld County Home Rule Charter. is vested with
the authority of administering the affairs of Weld County, Colorado . and
WHEREAS, the Board of County Commissioners, on December 28, 2000 , adopted Weld
County Code Ordinance 2000- 1 . enacting a comprehensive Code for the County of Weld ,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption , and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures . terms, and requirements therein .
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld , State of Colorado , that certain existing Chapters of the Weld County Code be ,
and hereby are . repealed and re-enacted . with amendments. and the various Chapters are
revised to read as follows .
CHAPTER 19
COORDINATED PLANNING AGREEMENT
Repeal and re-enact ARTICLE IX - Kersey Plan in its entirety.
ARTICLE IX
Kersey Plan
Sec. 19-4-10. Introduction .
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
9th day of May. 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, Kersey , CO 80644, hereinafter called the "MUNICIPALITY. " The COUNTY and
MUNICIPALITY are hereinafter sometimes referred to individually as "party" and collectively as
' the parties . -
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Sec . 19-4-20 . Recitals .
A. The COUNTY exercises governmental authority regulating land use, growth and
development within the unincorporated areas of Weld County . Colorado, which areas include
lands surrounding the MUNICIPALITY ; and
B. The 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 the MUNICIPALITY and COUNTY indicate that
the joint and coordinated exercise by the 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.
Sec. 19-4-30 . 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 the 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 the MUNICIPALITY. for incorporated areas,
and within the COUNTY, for unincorporated areas , is subject to exclusive final approval by the
governing body of the MUNICIPALITY or COUNTY , respectively.
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Sec. 19-4-40 . Definitions .
For the purposes of this CPA the following terms shall be defined as set forth herein :
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.
THREE (3) MILE AREA. The area as defined by Colorado Revised Statutes . C . R . S . 31 -
12- 105 . 1 . E .
Sec. 19-4-50. Planning Coordination.
This CPA is intended to be a Comprehensive Development Plan adopted and implemented
pursuant to Section 29-20- 105(2) C . R. S . Following the execution of this CPA by both parties ,
applications to the COUNTY for DEVELOPMENT within the THREE (3) MILE AREA shall be
processed and determined in accordance with the following :
A. Referral . The COUNTY shall refer all proposals for the DEVELOPMENT within the
THREE (3) MILE AREA to the 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. The COUNTY shall allow not less than twenty-one (21 )
days for the MUNICIPALITY to review the referral and furnish its recommendations to the
COUNTY staff prior to formulation of the COUNTY staff recommendation . If the
MUNICIPALITY does not respond within such time, the COUNTY staff may proceed with its
recommendation , but any comment or recommendation from the 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 , the COUNTY may assume it has no objection to the proposal . If the
MUNICIPALITY submits recommendations . the COUNTY shall either include within its written
decision the reasons for any action taken contrary to the same or furnish such reasons to the
MUNICIPALITY by a separate writing . The MUNICIPALITY shall be given notice of. and may
appear and be heard at. any hearing or other proceeding at which the COUNTY shall consider
a DEVELOPMENT subject to the foregoing referral process .
B . 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 the MUNICIPALITY, the 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 the MUNICIPALITY's
mayor and his or her designee of the proposal . The MUNICIPALITY shall have twenty-one
(21 ) days following contact by the proponent, which shall be documented . in writing . (with a
copy of the COUNTY) , to notify the COUNTY, in writing , that the MUNICIPALITY and the
applicant have agreed to the terms of a pre-annexation agreement. The COUNTY shall not
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process any application until the completion of said twenty-one (21 ) days . or until the
COUNTY receives notification from the MUNICIPALITY that a pre-annexation agreement
between the MUNICIPALITY and the applicant will not be pursued , whichever occurs sooner.
If no such notification is received by the COUNTY during said twenty-one (21 ) days,
processing of the application shall continue by the COUNTY to completion .
C . 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 .
D. Referrals to County. The MUNICIPALITY shall refer proposals for DEVELOPMENT
which lie within five hundred (500) feet of any property in unincorporated Weld County to the
COUNTY for its review and recommendation . Such referral shall include at least a copy of
the written DEVELOPMENT proposal . The MUNICIPALITY shall allow not less than twenty-
one (21 ) days for the COUNTY to review same and furnish its recommendations to the
MUNICIPALITY. If the COUNTY submits no comment or recommendation , the
MUNICIPALITY may assume it has no objection to the proposal . If the COUNTY submits
recommendations , the MUNICIPALITY shall either include within its written decision the
reasons for any action taken contrary to the same or furnish such reasons to the COUNTY by
a separate writing . Where the DEVELOPMENT is proposed as part of an annexation of more
than ten ( 10) acres , the provisions of this section shall be deemed satisfied by compliance by
the MUNICIPALITY with the notice and impact report provisions of the most current version
of the Municipal Annexation Act then in effect. The COUNTY shall be given notice of, and
may appear and be heard at any hearing or other proceeding at which the MUNICIPALITY
shall consider a DEVELOPMENT subject to the foregoing referral process.
Sec. 19-4-60. 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 19-4-50. 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.
Sec. 19-4-70. Establishment of Common Development Standards.
The 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 the 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) .
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Sec. 19-4-80 . Miscellaneous provisions.
A. 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 .
B . 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.
C . 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 D . and E . below) .
D . Adoption by the MUNICIPALITY. The MUNICIPALITY shall at public hearing (s) ,
consider this CPA for adoption upon published notification . The MUNICIPALITY shall
provide a complete record of such public hearing (s) to the COUNTY for review prior to the
start of the COUNTY's adoption process detailed in Section E . below.
E . Adoption by the COUNTY . The 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 . the COUNTY shall review the complete record of the public
hearing (s) held by the 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 .
F. 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.
G . 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.
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BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is ,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein . to coincide with chapters . articles , divisions , sections . and subsections as they
currently exist within said Code : and to resolve any inconsistencies regarding capitalization ,
grammar, and numbering or placement of chapters . articles. divisions. sections , and subsections
in said Code .
BE IT FURTHER ORDAINED by the Board , if any section , subsection . paragraph ,
sentence . clause , or phrase of this Ordinance is for any reason held or decided to be
unconstitutional . such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section . subsection , paragraph . sentence , clause , and phrase thereof irrespective
of the fact that any one or more sections . subsections , paragraphs . sentences. clauses . or
phrases might be declared to be unconstitutional or invalid .
The above and foregoing Ordinance Number 2016-02 was , on motion duly made and
seconded . adopted by the following vote on the 9th day of May, A. D . . 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
Width& Jdze.-4
ATTEST :
Mike Freeman , Chair
Weld County Clerk to the Board
EXCUSED
S n P. Co way, Pro-Tern
BY : 1. `
Dep ty Clerk to the Board •
ig61 Juie .' Cozad
APPRO D = O RM : EX ED
(� . Bar Ora Kirkmeyer
oun ttorney
Steve Moreno
Publication : February 24 , 2016
First Reading : March 28. 2016
Publication : April 6 , 2016. in the Greeley Tribune
Second Reading : April 18, 2016
Publication : April 27 . 2016, in the Greeley Tribune
Final Reading : May 9 . 2016
Publication : May 18 , 2016 , in the Greeley Tribune
Effective : May 23 , 2016
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RECEIVED
MAY 10 2016
COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN / CITY OF icersu , COLORADO, AND WELD t1G RtELIV OFFICE
E rtment
COLORADO
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of
the _ _ day ofIAn(.4Cl,ft ", 201& A. D. , between the Board of County Commissioners of the
County of Weld, State of Cdllorado, whose address is 1150 O Street, Greeley, CO 80631 ,
hereinafter called the "COUNTY," and the Town / City of J1t' e-ijt a Colorado
municipal corporation, whose address is -rat ZJIC3 t-r&( , 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
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welfare of the inhabitants of the parties and to achieve maximum efficiency and economy in the
process of development. However, any action taken pursuant to this CPA that pertains to any
land within MUNICIPALITY, for incorporated areas, and within COUNTY, for unincorporated
areas, is subject to exclusive final approval by the governing body of MUNICIPALITY or
COUNTY, respectively.
2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined
as set forth herein :
2 . 1 DEVELOPMENT. Any land use requiring regulatory approval by the
elected governing body of the applicable party in the THREE (3) MILE AREA, except for
an amendment to a plat or a down-zoning, neither of which creates any additional lots,
and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural
uses, which are lawful uses, either as uses-by-right under the Weld County Code, or as
legally existing non-conforming uses, are also exempt from the definition of
"DEVELOPMENT."
2.2. THREE (3) MILE AREA. The area as defined by Colorado Revised
Statutes, C.R.S. 31-12-105. 1.E.
3. PLANNING COORDINATION. This CPA is intended to be a Comprehensive
Development Plan adopted and implemented pursuant to C. R.S. § 29-20-105(2). Following the
execution of this CPA by both parties, applications to COUNTY for DEVELOPMENT within the
THREE (3) MILE AREA shall be processed and determined in accordance with the following :
3. 1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within
the THREE (3) MILE AREA to MUNICIPALITY for its review and recommendation. Such
referral shall include at least a copy of the written DEVELOPMENT proposal and
preliminary COUNTY staff summary of the case. COUNTY shall allow not less than
twenty-one (21 ) days for MUNICIPALITY to review the referral and furnish its
recommendations to COUNTY staff prior to formulation of the COUNTY staff
recommendation . If the MUNICIPALITY does not respond within such time, COUNTY
staff may proceed with its recommendation, but any comment or recommendation from
MUNICIPALITY received on or before the Thursday immediately preceding the meeting
of the Board of County Commissioners or Planning Commission when the matter shall
be considered shall be transmitted to the Board or Commission . If the MUNICIPALITY
submits no comment or recommendation , COUNTY may assume it has no objection to
the proposal . If MUNICIPALITY submits recommendations , COUNTY shall either
include within its written decision the reasons for any action taken contrary to the same
or furnish such reasons to MUNICIPALITY by a separate writing . MUNICIPALITY shall
be given notice of, and may appear and be heard at any hearing or other proceeding at
which COUNTY shall consider a DEVELOPMENT subject to the foregoing referral
process.
3.2 Development Within THREE (3) MILE AREA. Upon receipt of any
for DEVELOPMENT within the THREE (3) MILE AREA then currently eligible
proposal
9
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
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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,
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III
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.
IN WITNESS WHEREOF, the parties have executed this CPA effective as of the date
first above written.
ATTEST: s,t
CLERK OF REMCAnD BOARD OF COUNTY
COMMISSIONERS OF
WELD COUNTY, COLORADO
rin1eLizt/
Deputy Cler • to the' . oard I 1 ` f 3(1/42
Mike Freeman , Chair
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4Carly Koppes . Clerk and Recorder Weld County . CO
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ATTEST: • • MUNICIPALITY
TOWN / CITY OF
. •
ucow 0R,44,
Tow City Clerk _ SEALMaYor
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Carly Koppes . Clerk and Recorder . Weld County . CO
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