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WELD COUNTY
CODE ORDINANCE 2015-4
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 AGREEMENTS
ARTICLE II
Dacono and Frederick Plan
Amend Sec. 19-2-10. Introduction.
This Interim Coordinated Planning Agreement is made and entered into between the
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, State of Colorado,
herein after called the "COUNTY,"the CITY OF DACONO, a Colorado municipal corporation, and
the TOWN OF FREDERICK, COLORADO, a Colorado municipal corporation, hereinafter called
individually "MUNICIPALITY" and collectively the "MUNICIPALITIES."
Amend Sec. 19-2-60. Interim planning coordination.
This Agreement is intended to be an interim Comprehensive Development Plan adopted
and implemented pursuant to Section 29-20-105(2), C.R.S. Following the execution of this
Agreement by all parties, COUNTY Development approvals in the Southern Weld Planning Area
will be processed and determined in accordance with the following:
A. Referral. The COUNTY will refer all proposals for development within the Southern Weld
Planning Area to both MUNICIPALITIES for their review and recommendations. Such
referral will include at least one (1) copy of the written Development proposal and
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preliminary COUNTY staff summary of the case. The COUNTY will allow twenty-one (21)
days for each of the MUNICIPALITIES to review and furnish comments,
recommendations and objections, if any, to COUNTY staff prior to formulation of the
COUNTY staff recommendation. If the MUNICIPALITIES do not respond within such time
limitation, COUNTY staff may proceed with its recommendation. However,
notwithstanding such time limitation, any comments, recommendation or objection from
any MUNICIPALITY which is received by the COUNTY on or before the Thursday next
preceding the meeting of the Board of County Commissioners or Planning Commission at
which the matter will be considered will be transmitted to the Board or Commission. If no
MUNICIPALITY submits any comment, recommendation or objection, the COUNTY may
assume none of the MUNICIPALITIES have any objection to the proposal. If one (1) or
more of the MUNICIPALITIES submits a recommendation or objection, the COUNTY will
either include within its written decision the reasons for any action taken contrary to the
same or furnish such reasons to the applicable MUNICIPALITY or MUNICIPALITIES by a
separate writing.
Remainder of Section and Article - No change.
Add Article X as follows:
ARTICLE X
Firestone Plan
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of
the 4th day of May, 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 Firestone, a Colorado municipal corporation, whose address is
151 Grant Avenue, Firestone, Colorado 80520, 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
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regulating the development of land by the joint and coordinated exercise of planning,
zoning, subdivisions, building, and related regulatory powers; and
E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate that the
joint and coordinated exercise by COUNTY and MUNICIPALITY of their respective
planning, zoning, subdivision, building and related regulatory powers in such areas will
best promote the objectives stated in this CPA; and
F. This CPA adheres to the objectives and Policies of the Weld County Comprehensive Plan,
set forth in Section 22-2-40 of the Weld County Code and, in particular, UD.Goal 2., which
encourages the establishment of intergovernmental agreements concerning growth
areas with each municipality in Weld County.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties agree as follows:
1. PURPOSES AND OBJECTIVES. The purpose of this CPA is to establish procedures
and standards pursuant to which the parties will move toward greater coordination in the
exercise of their land use and related regulatory powers within unincorporated areas
surrounding MUNICIPALITY. The objectives of such efforts are to accomplish the type of
development in such areas which best protects the health, safety, prosperity, and general
welfare of the inhabitants of the parties and to achieve maximum efficiency and economy
in the process of development. However, any action taken pursuant to this CPA that
pertains to any land within MUNICIPALITY, for incorporated areas, and within COUNTY,
for unincorporated areas, is subject to exclusive final approval by the governing body of
MUNICIPALITY or COUNTY, respectively.
2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined as set
forth herein:
2.1 DEVELOPMENT. Any land use requiring regulatory approval by the elected
governing body of the applicable party in the THREE (3) MILE AREA, except for an
amendment to a plat or a down-zoning, neither of which creates any additional
lots, and except for a Recorded Exemption or Subdivision Exemption. Existing
agricultural uses, which are lawful uses, either as uses-by-right under the Weld
County Code, or as legally existing non-conforming uses, are also exempt from the
definition of "DEVELOPMENT."
2.2. THREE(3) MILE AREA.The area as defined by Colorado Revised Statutes,
C.R.S. 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
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and preliminary COUNTY staff summary of the case. COUNTY shall allow not
less than twenty-one (21) days for MUNICIPALITY to review the referral and
furnish its recommendations to COUNTY staff prior to formulation of the COUNTY
staff recommendation. If the MUNICIPALITY does not respond within such time,
COUNTY staff may proceed with its recommendation, but any comment or
recommendation from MUNICIPALITY received on or before the Thursday
immediately preceding the meeting of the Board of County Commissioners or
Planning Commission when the matter shall be considered shall be transmitted to
the Board or Commission. If the MUNICIPALITY submits no comment or
recommendation, COUNTY may assume it has no objection to the proposal. If
MUNICIPALITY submits recommendations, COUNTY shall either include within its
written decision the reasons for any action taken contrary to the same or furnish
such reasons to MUNICIPALITY by a separate writing. MUNICIPALITY shall be
given notice of, and may appear and be heard at any hearing or other proceeding
at which COUNTY shall consider a DEVELOPMENT subject to the foregoing
referral process.
3.2 Development Within THREE (3) MILE AREA. Upon receipt of any proposal for
DEVELOPMENT within the THREE (3) MILE AREA then currently eligible for
voluntary annexation to MUNICIPALITY, COUNTY shall, in writing, at time of a
pre-application with the Department of Planning Services, notify the proponent of
the opportunity for annexation. The Director of Planning Services shall, in writing,
notify MUNICIPALITY's mayor and his or her designee of the proposal.
MUNICIPALITY shall have twenty-one (21) days following contact by the
proponent, which shall be documented in writing (with a copy of COUNTY), to
notify COUNTY in writing that MUNICIPALITY and the applicant have agreed to
the terms of a pre-annexation agreement. COUNTY shall not process any
application until the completion of said twenty-one (21) days, or until COUNTY
receives notification from the MUNICIPALITY that a pre-annexation agreement
between MUNICIPALITY and the applicant will not be pursued, whichever occurs
sooner. If no such notification is received by COUNTY during said twenty-one
(21) days, processing of the application shall continue by COUNTY to completion.
3.3 Mutuality of Impact Consideration. The parties recognize that decisions by
one party regarding development may impact property outside of its jurisdiction.
The parties agree that jurisdictional boundaries shall not be the basis for giving any
greater or lesser weight to those impacts during the course of deliberations.
3.4 Referrals to County. MUNICIPALITY shall refer proposals for Development
which lie within 500 feet of any property in unincorporated Weld County to
COUNTY for its review and recommendation. Such referral shall include at least
a copy of the written Development proposal. MUNICIPALITY shall allow not less
than twenty-one (21) days for COUNTY to review same and furnish its
recommendations to MUNICIPALITY. If COUNTY submits no comment or
recommendation MUNICIPALITY may assume it has no objection to the proposal.
If COUNTY submits recommendations, MUNICIPALITY shall either include within
its written decision the reasons for any action taken contrary to the same or furnish
such reasons to COUNTY by a separate writing. Where the DEVELOPMENT is
proposed as part of an annexation of more than 10 acres, the provisions of this
section shall be deemed satisfied by compliance by MUNICIPALITY with the
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notice and impact report provisions of the most current version of the Municipal
Annexation Act then in effect. COUNTY shall be given notice of, and may appear
and be heard at any hearing or other proceeding at which MUNICIPALITY shall
consider a DEVELOPMENT subject to the foregoing referral process.
4. IMPLEMENTATION OF CPA. Following the mutual execution of this CPA, each party
shall promptly enact and implement such amendments to its existing regulations as may
be necessary to give effect to the provisions of Section 3. Each party shall have sole and
exclusive discretion to determine such measures and any new ones enabling it to perform
this CPA. Each party's land use regulations as referred to herein are ordinances whose
amendment requires certain formalities, including notice and public hearings. The
mutual covenants in this section and elsewhere to implement this CPA promptly are given
and received with mutual recognition and understanding of the legislative processes
involved, and such covenants shall be liberally construed in light thereof.
5. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS. MUNICIPALITY
and COUNTY shall, within one (1) year of the effective date of this CPA, attempt to agree
to establish common development standards within designated areas, which may include
areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE AREA.
Common development standards should include, but not be limited to, roadways (types,
widths, horizontal design, access and spacing) and drainage (on-site, off-site, discharge,
easements, and regional facilities).
6. MISCELLANEOUS PROVISIONS.
6.1 Severability. Should any one or more sections or paragraphs of this CPA be
judicially determined invalid or unenforceable, such judgment shall not affect,
impair or invalidate the remaining provisions of this CPA, the intention being that
the various sections and paragraphs are severable; provided, however, that the
parties shall then review the remaining provisions to determine if the CPA should
continue, as modified, or if the CPA should be terminated.
6.2 Termination. This CPA shall continue in effect for a period of one year from the
date first written above, and shall be renewed automatically thereafter for
successive one (1) year periods. Notwithstanding the foregoing, however, either
party may terminate this CPA by giving at least twelve (12) months' written notice
thereof to the other party.
6.3 Amendment. This CPA may be amended only by a writing executed by the
parties and adopted according to the same procedures as the original adoption
(requiring the written consent of the amendment by both parties and compliance
with the procedures detailed in Sections 6.4 and 6.5 of this CPA).
6.4 Adoption by MUNICIPALITY. MUNICIPALITY shall at public hearing(s)
consider this CPA for adoption upon published notification. MUNICIPALITY shall
provide a complete record of such public hearing(s) to COUNTY for review prior to
the start of COUNTY's adoption process detailed in Section 6.5, below.
6.5 Adoption by COUNTY. COUNTY shall, upon published notification consider this
CPA for adoption and amendment to Chapter 19 of the Weld County Code. In the
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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.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing 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.
PAGE 6 2015-0847
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The above and foregoing Ordinance Number 2015-4 was, on motion duly made and
seconded, adopted by the following vote on the 20th day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Julie A. Cozad
County Attorney
Steve Moreno
Publication: February 6, 2015
First Reading: March 9, 2015
Publication: March 18, 2015, in the Greeley Tribune
Second Reading: March 30, 2015
Publication: April 8, 2015, in the Greeley Tribune
Final Reading: April 20, 2015
Publication: April 29, 2015, in the Greeley Tribune
Effective: May 4, 2015
PAGE 7 2015-0847
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COORDINATED PLANNING AGREEMENT
BETWEEN THE TOWN OF FIRESTONE, COLORADO, AND WELD COUNTY, COLORADO
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of
the 7�%N'day of 9 yU:2tti° , 2015, A.D., between the Board of County Commissioners of the
County of Weld, tate of &olorado, whose address is 1150 O Street, Greeley, CO 80631,
hereinafter called the "COUNTY," and the Town of Firestone, a Colorado municipal corporation,
whose address is 151 Grant Avenue, Firestone, CO 80520, hereinafter called the
"MUNICIPALITY." The COUNTY and MUNICIPALITY are hereinafter sometimes referred to
individually as "party" and collectively as "the parties."
RECITALS
A. COUNTY exercises governmental authority regulating land use, growth and
development within the unincorporated areas of Weld County, Colorado, which areas include
lands surrounding MUNICIPALITY; and
B. MUNICIPALITY exercises governmental authority with respect to land use,
growth, and development within its municipal boundaries and regarding its annexations, and
has demonstrated the capability of providing municipal services and facilities (including water
and sewer services based on the municipality's code and/or other municipal service policies)
within the THREE (3) MILE AREA, as defined herein; and
C. Title 29, Article 20 of the Colorado Revised Statutes, grants broad authority to
local governments to plan for and regulate development and the use of land within their
respective jurisdictions, accomplishing such activities through public processes that respect,
protect, and promote private property rights; and
D. Title 29, Article 20 of the Colorado Revised Statutes, authorizes and encourages
local governments to cooperate and contract with each other for the purpose of planning and
regulating the development of land by the joint and coordinated exercise of planning, zoning,
subdivisions, building, and related regulatory powers; and
E. Pressures for growth and development in MUNICIPALITY and COUNTY indicate
that the joint and coordinated exercise by COUNTY and MUNICIPALITY of their respective
planning, zoning, subdivision, building and related regulatory powers in such areas will best
promote the objectives stated in this CPA; and
F. This CPA adheres to the objectives and Policies of the Weld County
Comprehensive Plan, set forth in Section 22-2-40 of the Weld County Code and, in particular,
UD.Goal 2., which encourages the establishment of intergovernmental agreements concerning
growth areas with each municipality in Weld County.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties agree as follows:
1. PURPOSES AND OBJECTIVES. The purpose of this CPA is to establish
procedures and standards pursuant to which the parties will move toward greater coordination
in the exercise of their land use and related regulatory powers within unincorporated areas
surrounding MUNICIPALITY. The objectives of such efforts are to accomplish the type of
development in such areas which best protects the health, safety, prosperity, and general
welfare of the inhabitants of the parties and to achieve maximum efficiency and economy in the
process of development. However, any action taken pursuant to this CPA that pertains to any
land within MUNICIPALITY, for incorporated areas, and within COUNTY, for unincorporated
areas, is subject to exclusive final approval by the governing body of MUNICIPALITY or
COUNTY, respectively.
2. DEFINITIONS. For the purposes of this CPA the following terms shall be defined
as set forth herein:
2.1 DEVELOPMENT. Any land use requiring regulatory approval by the
elected governing body of the applicable party in the THREE (3) MILE AREA, except for
an amendment to a plat or a down-zoning, neither of which creates any additional lots,
and except for a Recorded Exemption or Subdivision Exemption. Existing agricultural
uses, which are lawful uses, either as uses-by-right under the Weld County Code, or as
legally existing non-conforming uses, are also exempt from the definition of
"DEVELOPMENT."
2.2. THREE(3) MILE AREA. The area as defined by Colorado Revised
Statutes, C.R.S. 31-12-105.1.E.
3. PLANNING COORDINATION. This CPA is intended to be a Comprehensive
Development Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2). Following the
execution of this CPA by both parties, applications to COUNTY for DEVELOPMENT within the
THREE (3) MILE AREA shall be processed and determined in accordance with the following:
3.1 Referral. COUNTY shall refer all proposals for DEVELOPMENT within
the THREE (3) MILE AREA to MUNICIPALITY for its review and recommendation. Such
referral shall include at least a copy of the written DEVELOPMENT proposal and
preliminary COUNTY staff summary of the case. COUNTY shall allow not less than
twenty-one (21) days for MUNICIPALITY to review the referral and furnish its
recommendations to COUNTY staff prior to formulation of the COUNTY staff
recommendation. If the MUNICIPALITY does not respond within such time, COUNTY
staff may proceed with its recommendation, but any comment or recommendation from
MUNICIPALITY received on or before the Thursday immediately preceding the meeting
of the Board of County Commissioners or Planning Commission when the matter shall
be considered shall be transmitted to the Board or Commission. If the MUNICIPALITY
submits no comment or recommendation, COUNTY may assume it has no objection to
the proposal. If MUNICIPALITY submits recommendations, COUNTY shall either
include within its written decision the reasons for any action taken contrary to the same
or furnish such reasons to MUNICIPALITY by a separate writing. MUNICIPALITY shall
be given notice of, and may appear and be heard at any hearing or other proceeding at
which COUNTY shall consider a DEVELOPMENT subject to the foregoing referral
process.
3.2 Development Within THREE (3) MILE AREA. Upon receipt of any
proposal for DEVELOPMENT within the THREE (3) MILE AREA then currently eligible
for voluntary annexation to MUNICIPALITY, COUNTY shall, in writing, at time of a pre-
application with the Department of Planning Services, notify the proponent of the
opportunity for annexation. The Director of Planning Services shall, in writing, notify
MUNICIPALITY's mayor and his or her designee of the proposal. MUNICIPALITY shall
have twenty-one (21) days following contact by the proponent, which shall be
documented in writing (with a copy of COUNTY), to notify COUNTY in writing that
MUNICIPALITY and the applicant have agreed to the terms of a pre-annexation
2
agreement. COUNTY shall not process any application until the completion of said
twenty-one (21) days, or until COUNTY receives notification from the MUNICIPALITY
that a pre-annexation agreement between MUNICIPALITY and the applicant will not be
pursued, whichever occurs sooner. If no such notification is received by COUNTY
during said twenty-one (21) days, processing of the application shall continue by
COUNTY to completion.
3.3 Mutuality of Impact Consideration. The parties recognize that
decisions by one party regarding development may impact property outside of its
jurisdiction. The parties agree that jurisdictional boundaries shall not be the basis for
giving any greater or lesser weight to those impacts during the course of deliberations.
3.4 Referrals to County. MUNICIPALITY shall refer proposals for
DEVELOPMENT which lie within 500 feet of any property in unincorporated Weld
County to COUNTY for its review and recommendation. Such referral shall include at
least a copy of the written DEVELOPMENT proposal. MUNICIPALITY shall allow not
less than twenty-one (21) days for COUNTY to review same and furnish its
recommendations to MUNICIPALITY. If COUNTY submits no comment or
recommendation MUNICIPALITY may assume it has no objection to the proposal. If
COUNTY submits recommendations, MUNICIPALITY shall either include within its
written decision the reasons for any action taken contrary to the same or furnish such
reasons to COUNTY by a separate writing. Where the DEVELOPMENT is proposed as
part of an annexation of more than 10 acres, the provisions of this section shall be
deemed satisfied by compliance by MUNICIPALITY with the notice and impact report
provisions of the most current version of the Municipal Annexation Act then in effect.
COUNTY shall be given notice of, and may appear and be heard at any hearing or other
proceeding at which MUNICIPALITY shall consider a DEVELOPMENT subject to the
foregoing referral process.
4. IMPLEMENTATION OF CPA. Following the mutual execution of this CPA, each
party shall promptly enact and implement such amendments to its existing regulations as may
be necessary to give effect to the provisions of Section 3. Each party shall have sole and
exclusive discretion to determine such measures and any new ones enabling it to perform this
CPA. Each party's land use regulations as referred to herein are ordinances whose amendment
requires certain formalities, including notice and public hearings. The mutual covenants in this
section and elsewhere to implement this CPA promptly are given and received with mutual
recognition and understanding of the legislative processes involved, and such covenants shall
be liberally construed in light thereof.
5. ESTABLISHMENT OF COMMON DEVELOPMENT STANDARDS.
MUNICIPALITY and COUNTY shall, within one (1) year of the effective date of this CPA,
attempt to agree to establish common development standards within designated areas, which
may include areas within MUNICIPALITY's boundaries and/or within the THREE (3) MILE
AREA. Common development standards should include, but not be limited to, roadways (types,
widths, horizontal design, access and spacing) and drainage (on-site, off-site, discharge,
easements, and regional facilities).
6. MISCELLANEOUS PROVISIONS.
6.1 Severability. Should any one or more sections or paragraphs of this
CPA be judicially determined invalid or unenforceable, such judgment shall not affect,
impair or invalidate the remaining provisions of this CPA, the intention being that the
3
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:
CLERK OF THE BOARD BOARD OF COUNTY
COMMISSIONERS OF
WELD COUNTY, COLORADO
Deputy Clerk to the Board , Chairman
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ATTEST: UNICIPALITY
OWN OF FIRESTONE
t�
C ri a Medina, Town Clerk Paul Sorensen, Mayor
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