HomeMy WebLinkAbout20222372.tiffMariah Higgins
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FW: City of Evans - Annexation - Liberty Draw
Exhibit Ordinance COZ Baessler 1.docx
From: Anne Best -Johnson <abiohnson@evanscolorado.gov>
Sent: Tuesday, August 2, 2022 7:07 AM
To: Tom Parko Jr. <tparko(atweldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: City of Evans - Annexation - Liberty Draw
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
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Hello Tom and Esther,
Hope all is well. The City of Evans entertained an Annexation proposal and approved the Annexation/Zoning on first
reading last night. The Ordinance is attached. This is not signed and will not be until the second reading scheduled for
8/16. Information regarding the Petition was sent to the County on or about June 1, 2022. Referral comments provided
by the County have been incorporated into the Preliminary Plan such as the Right to Farm and Right to Extract Minerals
statements.
The fully -executed Ordinance and Annexation/Zoning map will be recorded and then provided to you as a courtesy.
Sincerely,
Anne
Anne Best Johnson, AICP, MBA
Community Development Director
Email: abjohnson(a�evanscolorado.gov
Phone: 970-475-2228
Fax: 970-475-1166
1100 37`'' Street, Evans, CO 80620-2036
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2022-2372
CITY OF EVANS, COLORADO
ORDINANCE NO. 771-22
AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY
IN CONNECTION WITH THE WIEDEMAN AND BAESSLER
DEVELOPMENT, LLC PETITION FOR ANNEXATION AND
ZONING SUCH LANDS
WHEREAS, the City Council of the City of Evans, Colorado, pursuant to
Colorado statute and the Evans City Charter, is vested with the authority of administering
the affairs of the City of Evans, Colorado; and
WHEREAS, Gary Wiedeman and Baessler Development, LLC ("the Petitioners")
filed with the City Clerk a Petition for Annexation dated May 27, 2022 requesting that
the property described on Exhibit A, attached hereto ("the Property"), be annexed to the
City of Evans, Colorado; and
WHEREAS, the City Council, reviewed the Petition at its meeting on June 7,
2022 and adopted Resolution No. 16-2022, setting the matter for public hearing on July
19, 2022 to determine whether the Property was eligible for annexation; and
WHEREAS, the City Council finds that the Property is eligible for annexation
and that Ordinance 771-22 should be adopted; and
WHEREAS, pursuant to the provisions of the Evans City Code, including but not
limited to Sections 18.06.030 and 18.06.040, the matter was referred to the Planning
Commission to obtain a recommendation as to the appropriate zoning of the Property if it
is annexed to the City; and
WHEREAS, the criteria to be considered by the Planning Commission and the
City Council in zoning property, as set forth in Section 18.06.040.D of the Evans City
Code are:
1. A need exists for the proposed uses,
2. The parcel of ground is indeed the correct site for the proposed
development,
3. There has been an error in the assigned zoning, or
4. There have been significant changes in the area to warrant a zone change,
5. Adequate circulation exists and traffic movement would not be impeded by
the development,
6. Additional municipal service costs will not be incurred which the City is
not prepared to meet,
7. There are minimal environmental impacts or impacts can be mitigated,
8. The proposal is consistent with the Evans Comprehensive Plan, maps, goals
and polices, and
9. There is adequate waste and sewage disposal, water, schools, parks and
recreation, and other services to the proportional degree necessary due to
the impacts created by the proposed land use.
WHEREAS, at its meeting on June 28, 2022, the Planning Commission
considered the appropriate zoning of the Property; and
WHEREAS, based on the criteria set forth above, the materials included in the
Application, the matters presented to the Commission by the Petitioner, and the
comments of staff and the public, the Commission adopted staff recommendations that
the Property be zoned to Planned Unit Development for R-1 and R-2 Residential uses;
and
WHEREAS, following proper notice, the matter was presented to the City
Council at its regular meeting on July 19, 2022; and
WHEREAS, Council determined at their July 19, 2022 meeting that more time
was needed to coordinate the Annexation Agreement with the Service Plan; and
WHEREAS, Council closed the July 19, 2022 public hearing after public
testimony was received and continued the public hearing first reading to August 1, 2022;
and
WHEREAS, based on the matters presented to it, including the Application,
comments from staff and the public, and all applicable criteria and requirements, the City
Council concludes that it is in the best interest of the City to annex the Property to the
City of Evans; and
WHEREAS, based on the recommendation of the Planning Commission, as well
as the Application, comments from staff and the public, and applying the criteria set forth
above, the Council concludes that, the Property should be zoned Planned Unit
Development for Residential R-1 and R-2 land uses as defined in the current land use
code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANS, COLORADO AS FOLLOWS:
1. The Property described in Exhibit A, attached hereto and incorporated by
reference herein, shall be and hereby is annexed to, incorporated in, and made a part of
the City of Evans, Colorado.
2. The annexation of the Property to the City of Evans shall be complete and
effective on the effective date of this ordinance, except for purposes of General Property
Taxes, and shall be effective as to General Property Taxes on and after the first day of
January 2022.
3. The Property shall be zoned Planned Unit Development for Residential R-1 and R-
2 uses as defined in the current land use code.
4. The City Clerk is hereby directed to record this Ordinance and the Staff Report
found in Exhibit B, attached hereto, with the Weld County Clerk and Recorder.
5. Staff should change the official Zoning Map for the City of Evans to reflect this
approved Annexation and zoning change.
6. Severability. If any article, section, paragraph, sentence, clause, or phrase of this
Ordinance is held to be unconstitutional or invalid for any reason such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The
City Council hereby declares that it would have passed this ordinance and each part or
parts thereof irrespective of the fact that any one part or parts be declared unconstitutional
or invalid.
7. Repeal. Existing ordinances or parts of ordinances covering the same matters
embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances
inconsistent with the provisions of this ordinance are hereby repealed except that this
repeal shall not affect or prevent the prosecution or punishment of any person for any act
done or committed in violation of any ordinance hereby repealed prior to the effective
date of this ordinance.
INTRODUCED AND PASSED AT A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF EVANS ON THIS 1St DAY OF AUGUST, 2022.
ATTEST: CITY OF EVANS, COLORADO
BY:
Julie Kamka, City Clerk Mark C. Clark, Mayor
PASSED AND ADOPTED ON A SECOND READING THIS 16th DAY OF
AUGUST, 2022.
ATTEST: CITY OF EVANS, COLORADO
BY:
Julie Kamka, City Clerk Mark C. Clark, Mayor
EXHIBIT A: LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION
26,TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD
COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26, AND CONSIDERING THE NORTH
LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO BEAR
SOUTH 89°16'27" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING
RELATIVE THERETO;
THENCE SOUTH 89°16'27" WEST, ALONG THE NORTH LINE OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SAID SECTION 26, A DISTANCE OF 1,987.58 FEET TO THE NORTHWEST
CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26;
THENCE SOUTH 04°04'33" EAST ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SAID SECTION 26 A DISTANCE OF 30.05 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 54, SAID POINT ALSO BEING THE POINT OF
BEGINNING;
THENCE NORTH 89°16'27" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD 34, A DISTANCE OF 460.82 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF
LAND DESCRIBED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER
DECEMBER 21, 2014 UNDER RECEPTION NUMBER 4072128;
THENCE SOUTH 00°43'33" EAST ALONG THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN
THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER DECEMBER 21, 2014
UNDER RECEPTION NUMBER 4072128, A DISTANCE OF 200.00 FEET TO THE SOUTHWEST
CORNER OF SAID PARCEL;
THENCE NORTH 89°16'27" EAST, ALONG THE SOUTH LINE OF THOSE PARCELS OF LAND
DESCRIBED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER DECEMBER
21, 2014 UNDER RECEPTIONS NUMBERS 4072128 AND 4072127, A DISTANCE OF 490.00 FEET
TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN THE DEED
RECORDED DECEMBER 14, 2014 UNDER SAID RECEPTION NUMBER 4072127, SAID CORNER
ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN THE
RECORDS OF THE WELD COUNTY CLERK AND RECORDER MAY 14, 2015 UNDER
RECEPTION NUMBER 4107119;
THENCE SOUTH 69°03'00" EAST, ALONG THE SOUTH LINE OF THAT PARCEL DESCRIBED IN THE
RECORDS OF THE WELD COUNTY CLERK AND RECORDER MAY 14, 2015 UNDER
RECEPTION NUMBER 4107119, A DISTANCE OF 541.41 FEET TO THE SOUTHEAST CORNER
OF SAID PARCEL, SAID CORNER ALSO BEING A POINT LYING ON THE WEST LINE OF THAT
PARCEL DESCRIBED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER
DECEMBER 20, 1963 UNDER RECEPTION NUMBER 1424201;
THENCE ALONG THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN THE RECORDS OF THE
WELD COUNTY CLERK AND RECORDER DECEMBER 20, 1963 UNDER RECEPTION NUMBER 1424201
THE FOLLOWING 5 COURSES:SOUTH 00°05'03" EAST A DISTANCE OF 1,052.67 FEET;
THENCE SOUTH 00°06'45" EAST A DISTANCE OF 99.97 FEET;
THENCE SOUTH 00°40'31" EAST A DISTANCE OF 191.95 FEET:
THENCE SOUTH 00°02'20' WEST A DISTANCE OF 525.99 FEET;
THENCE SOUTH 00°06'56" WEST A DISTANCE OF 254.06 FEET TO THE SOUTHWEST CORNER OF SAID
PARCEL;
THENCE NORTH 88°17'03" EAST, ALONG THE SOUTH LINE OF THAT PARCEL DESCRIBED IN THE
RECORDS OF THE WELD COUNTY CLERK AND RECORDER DECEMBER 20, 1963 UNDER
RECEPTION NUMBER 1424201, A DISTANCE OF 472.17 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF 35TH AVENUE;
THENCE SOUTH 00°02 20" WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID 35TH AVENUE, A
DISTANCE OF 15.76 FEET TO A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND
DESCRIBED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER
SEPTEMBER 23, 2009 UNDER RECEPTION NUMBER 3650429;
THENCE ALONG THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN THE RECORDS OF
THE WELD COUNTY CLERK AND RECORDER SEPTEMBER 23, 2009 UNDER RECEPTION
NUMBER 3650429 THE FOLLOWING 9 COURSES: NORTH 88°44'53" WEST A DISTANCE OF
54.35 FEET;
THENCE SOUTH 87°53'12" WEST A DISTANCE OF 250.00 FEET;
THENCE SOUTH 88°15'33" WEST A DISTANCE OF 300.01 FEET;
THENCE SOUTH 89°08'19" WEST A DISTANCE OF 450.00 FEET;
THENCE SOUTH 82°53'24" WEST A DISTANCE OF 65.00 FEET;
THENCE SOUTH 88°28'57" WEST A DISTANCE OF 150.00 FEET;
THENCE SOUTH 89°33'24" WEST A DISTANCE OF 100.01 FEET;
THENCE SOUTH 88°48'01" WEST A DISTANCE OF 250.00 FEET;
THENCE SOUTH 85°47'21" WEST A DISTANCE OF 133.59 FEET TO THE NORTHWEST CORNER OF SAID
PARCEL, SAID CORNER ALSO BEING ON THE WEST LINE OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 26;
THENCE NORTH 04°04'33" WEST ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SAID SECTION 26 A DISTANCE OF 2,566.01 FEET TO THE POINT OF
BEGINNING.
Hello