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Home My WebLink About20152311.tiff BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Joyce Smock , that the following resolution be introduced for passage by the Weld County Planning Commission . Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER : ORDINANCE 2015- 14 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 Michael Wailes . VOTE : For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross 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 July 7 , 2015 . Dated the 7th of July , 2015 . Kristine Ranslem Secretary ARTICLE IV Mead Plan COORDINATED PLANNING AGREEMENT BETWEEN THE TOWN OF MEAD, COLORADO , AND WELD COUNTY, COLORADO This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the day of , 2015 , A . D . , between the Board of County Commissioners of the County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, CO 80631 , hereinafter called the COUNTY, and the Town of Mead, a Colorado municipal corporation, whose address is 441 3rd Street, Mead, CO 80542 , hereinafter called the AMUNICIPALITY . The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as a 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 A 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 MUNICIPALITYs 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 . 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 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) . MISCELLANEOUS PROVISIONS. 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 . 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 . 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) . Adoption by MUNICIPALITY. MUNICIPALITY shall , after published notice and public hearing(s) consider this CPA for adoption. 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. 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 . 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 . Choice of Law . In all litigation arising out of the Agreement, the statutory and common law of the State of Colorado shall be controlling, and venue shall be in the District Court of Weld County, Colorado . Original Counterparts. This Agreement may be executed in counterparts, each of which shall be an original , but all of which together shall constitute one and the same instrument. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday , July 7 , 2015 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, Jason Maxey , at 1 : 40 pm . Roll Call . Present : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jason Maxey , Jordan Jemiola , Joyce Smock , Michael Wailes , Nick Berryman , Terry Cross . Also Present : Chris Gathman , Diana Aungst , and Tom Parko , Department of Planning Services ; Wayne Howard , and Jennifer Petrik , Department of Planning — Engineering Division ; Lauren Light and Heather Barbare , Department of Health ; Brad Yatabe , County Attorney , and Kris Ranslem , Secretary . Motion : Approve the June 16 , 2015 Weld County Planning Commission minutes , Moved by Michael Wailes , Seconded by Bruce Johnson . Motion passed unanimously . CASE NUMBER : ORDINANCE 2015- 13 PRESENTED BY : TOM PARKO REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 19 COORDINATED PLANNING AGREEMENTS , OF THE WELD COUNTY CODE . CASE NUMBER : ORDINANCE 2015- 14 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- 13 , and stated that there is an existing agreement with the Town of Platteville . However, he added that they would like to pursue the new coordinated planning agreement . The Town has met with staff and the Board of County Commissioners and all parties agreed to the language . The Department of Planning Services recommends approval of this request . Tom Parko , Planning Services , presented Ordinance 2015- 14 , and stated that this is a new Coordinated Planning Agreement with the Town of Mead . The Department of Planning Services recommends approval of this request . The Chair asked if there was anyone in the audience who wished to speak for or against this application . No one wished to speak . Motion : Forward Ordinance 2015- 13 to the Board of County Commissioners along with the Planning Commission ' s recommendation of approval , Moved by Jordan Jemiola , Seconded by Benjamin Hansford . Vote : Motion carried by unanimous roll call vote (summary : Yes = 9) . Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jason Maxey, Jordan Jemiola , Joyce Smock , Michael Wailes , Nick Berryman , Terry Cross . Motion : Forward Ordinance 2015- 14 to the Board of County Commissioners along with the Planning Commission ' s recommendation of approval , Moved by Joyce Smock , Seconded by Michael Wailes . Vote : Motion carried by unanimous roll call vote (summary : Yes = 9 ) . Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jason Maxey , Jordan Jemiola , Joyce Smock , Michael Wailes , Nick Berryman , Terry Cross . Commissioner Maxey extended appreciation for staff in building relationships with the municipalities within the county . 1 Meeting adjourned at 4 : 08 pm . Respectfully submitted , Digitally signed by Kristine Ranslem laStieV11.01n. Date: 2015 .07 . 10 07 :29:42 -06 '00' Kristine Ranslem Secretary 2 Cheryl Hewitt To : Tom Parko Jr. ; Kristine nslem ; Michelle Martin ; Esther Gesick Subject : Ord #2015- 13 and Qpd4 -1)7‘,611- All : Someone just brought it to my attention that these 2 ordinances were scheduled ( by me ! ) for 3rd ( final ) reading on a holiday, Sept 7 . . . . so I think we can kept our publish and effective dates the same, but change the 3rd reading to Wednesday, Sept 9 . Is that okay with everyone ? Cheryl L. Hewitt Deputy Clerk to the Board 1150 O Street / P. O. Box 758 / Greeley, CO 80632 email: chewitt@weldgov. com tel: (970) 336- 7215 X4227 7 cent Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e - mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . I 1 c>2 a/5 Cheryl Hewitt From : Kristine Ranslem Sent : Tuesday , June 02 , 2015 2 : 45 PM To : Cheryl Hewitt; Esther Gesick Cc : Tom Parko Jr. Subject : FW : July 7th PC Attachments : Chapter 19_Article IV_Mead CPA. doc Hi Cheryl , Attached is another code change for Chapter 19 Coordinated Planning Agreement for the Town of Mead . We are scheduling this for the July 7th PC hearing . Could we follow the same BOCC hearing dates as the code change we discussed earlier today? G � 1/7//6 Please let me know if you have any questions . Thanks ! G�/J 1 / `I /, t 7 7/si IaYLstiv RP v Lev Pytai-eetal e pr Planning Technician Weld County Planning Services c,•24( t — 1555 17th Ave Greeley CO 806311/72d N )dl't-AtCltf°c 970- 353 - 6100 ext . 3519liAxAti'6"ed - fb-A ‘c qi I gr f�y� �A y Fd 9/if i$ 11) {rt! t_ tt AtiLet fetr- [sir igee4-&42.4; •9// X"b r 9/0.2" Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Tom Parko Jr. Sent : Tuesday, June 02, 2015 2 : 31 PM To : Kristine Ranslem Cc : Michelle Martin Subject: July 7th PC Kris , See attached . Another CPA for the July 7t} PC . Thanks, Tom Parko, M. A . Director of Planning Services Weld County Dept. of Planning Services 1 1555 N. 17th Avenue Greeley, CO. 80631 Office : 970-353- 6100, ext 3572 Mobile : 970-302-5333 S - 1861 tir is‘ Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . 2 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED : Chapter 19, Coordinated Planning Agreements (CPA) DIVISION OR ARTICLE TO BE MODIFIED : Article IV SECTION(S) PROPOSED TO BE MODIFIED : New Sections RATIONALE FOR MODIFICATION : Article IV of this chapter was reserved for future CPA ' s . The Town of Mead ' s CPA will now occupy Article IV of this Chapter. PROPOSED MODIFICATION(S) : ARTICLE IV Mead Plan COORDINATED PLANNING AGREEMENT BETWEEN THE TOWN OF MEAD, COLORADO, AND WELD COUNTY, COLORADO This Coordinated Planning Agreement (ACPA@ ) is made and entered into effective as of the day of , 2015 , A. D . , between the Board of County Commissioners of the County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, CO 80631 , hereinafter called the COUNTY, and the Town of Mead, a Colorado municipal corporation, whose address is 441 3rd Street, Mead, CO 80542 , hereinafter called the AMUNICIPALITY. The COUNTY and MUNICIPALITY are hereinafter sometimes referred to individually as a 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 CHAPTER 19_ARTICLE IV_MEAD CPA DOC 4/7/15 (10: 14 am) fIayE 1 0� 6 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 A DEVELOPMENT . CHAPTER 19_ARTICLE IV_MEAD CPA DOC 4/7/15 ( 10: 14 am) Flay 2 6 r 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 MLAICIPALITYs 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 . CHAPTER 19_ARTICLE IV_MEAD CPA DOC 4/7/15 ( 10 14 am) Flays 3 0I) 6 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 . 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. 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) . MISCELLANEOUS PROVISIONS. 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 CHAPTER 19_ARTICLE IV_MEAD CPA. DOC 4/7/15 ( 1014 am) Flays 4 6 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. 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 . 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 ) . Adoption by MUNICIPALITY. MUNICIPALITY shall , after published notice and public hearing(s ) consider this CPA for adoption . 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. 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 . 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 . Choice of Law. In all litigation arising out of the Agreement, the statutory and common law of the State of Colorado shall be controlling, and venue shall be in the District Court of Weld County , Colorado . CHAPTER 19_ARTICLE IV_MEAD CPA DOC 4/7/15 ( 10 14 am) Rays 5 o 6 I I Original Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument . CHAPTER 19_ARTICLE IV_MEAD CPA DOC 4/7/15 ( 10: 14 am) flays 6 0cp 6 Hello