HomeMy WebLinkAbout20182040.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-07 was introduced on
first reading on July 2, 2018, and a public hearing and second reading was held on July 23, 2018.
A public hearing and final reading was completed on August 13, 2018, with no change being
made to the text of said Ordinance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2018-07
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: August 27, 2018
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 17, 2018
PUBLISHED: August 22, 2018, in the Greeley Tribune
020/8'-020
Affidavit of Publication
NOTICE OF ANAL. READING
OF ORDINANCE
Pursuant to the Weld County Home Rule Charter Ordinance
Number 2018-07 was introduced on first reading on July 2, 2018,
and a public hearing and second reading was,held on July 23,
2018: A public hearing and final reading was completed on Au-
gust 13, 2018, with no change'being made to the text of said Or-
dinance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below. Any backup ma-
terial, exhibits or information previously submitted to the Board
of County Commissioners concerning this matter may be exam-
"' filed in the office of the Clerk to the Board of County Commis-
isioners, located within the Weld County Administration Building,
1150 O Street, Greeley, Colorado, between the hours of 8:00
a.m. and 5:00 p.m., Monday thru Friday, or may be accessed
through the Weld County Web Page (www.co.weld.co.us). E-
-Mail. messages sent to an individual Commissioner may not be
included in the case file. To ensure inclusion of your C -Mall
correspondence into the case file, please send a copy to eg
eickfto.vreld.co.us.
.co.us.
--ORDINANCE N€3- 2018-07 ORDINANCE TITLE. IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 18 COORDI-
NATED PLANNING AGREEMENTS, Of THE WELD COUNTY
CODE
EFFECTIVE DATE August 27, 2018
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
i DATED: August 17, 2018
TheTrrbune
August 22, 2018
STATE OF COLORADO
County of Weld,
I Vickie Garretts
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Twenty -Second day of August A.D. 2018 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty -Second day of August A.D. 2018 that
said The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
August 22, 2018
Total Charges: $10.07
Nkske.C.Leg,
22th clay of August2018
My Commission Expires 09/28/2021
NOTARY ASH
NOTTAPUB C
STATE OF COLORADO
NOTARY ID 20174040535
MY COMMISSION EXPIRES SEPTEMBE'R 28, 2021
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-07 was introduced on
first reading on July 2, 2018, and a public hearing and second reading was held on July 23, 2018,
with no change being made to the text of said Ordinance. A public hearing and third reading is
scheduled to be held in the Chambers of the Board, located within the Weld County Administration
Building, 1150 O Street, Greeley, Colorado 80631, on August 13, 2018. All persons in any
manner interested in the next reading of said Ordinance are requested to attend and may be
heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2018-07
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
DATE OF NEXT READING: August 13, 2018, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 27, 2018
PUBLISHED: August 1, 2018, in the Greeley Tribune
Affidavit of Publication
Pursuant
Number 2'0 t ^zntrAitsubd'0 F�rat
and a r,ublic h nnr.y aF 0 second reading was held on lain 23,
7_018, with no a anrld being made to the text of said Ordinance.
A pl mica hearing an laO reading is scheduled to to held in the
Chambers of Foe Board, located within the raved County Admin-
str^iion Building, 1'i.50 J Street,Greeley, Colorado 80631. on
August 13, 2018' acpersons in an; manner interested in the
next , no, inq of said,Ordinance ciinance are requested to attend and may
be heard. Please contact the Clerk tone Board's s Office at
phone (a, F[ ) 400-4225, or tax ,971;1 336 7233, prior eo the day of
the needing it as a refigit of if disability. you require ret5onaoie
,comnm dat n- in °infer to participate in this nearing. Ant
backup material. l f,ib t or information anon, cs v sdbroitt- a is
he Board of County Commissioners concerning this matter may
be examined t t,office > Clerk o the Board or County.
O(1;omrritheiforiers, located r the Weld County Administration
Building, 1150 0 Street Breeley,r ! oo, between the hours
of 8:00 c.er: r a rr0 k tor;ctay limit Friday,of may be act
c s is L,.c the: 1Vt- o County 1fficr Cage (La✓ww oe.wela.CO.rs
individual C:ttr.,m ,cons,: may nui
hF t�lt. or r the r `- ensure _ , :pin - yeti!" v
ltry! r tf C,°, u 13 .Y}- f 8°0° .c aoffipy
ORETINANCE NO, 120112°7
w"hs.J6, d; NCE TO -LE: JTHL MATTER OF REPEALING AffiD
REENACT iNTAMENDMENTS, (i1�JAp'7cf1 .vC;ClCrfsrk-
rfi NA -;-ED ,'.> Iii ,_r As(a k �..._co"? OF far WELD CCthINT
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DATE Ovi XiREA t . ALyl 1s70`lbat9:00 a.m.
MOrr -D OF CC,DUNTY COMMISSIONERS
WELD (Jrcr T a c 121 (tRau7C
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The Tribune
August 1, 2018
STATE OF COLORADO
County of Weld,
I Vickie Garretts
ss.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
First day of August A.D. 2018 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
First day of August A.D. 2018 that said The
Greeley Tribune has been published continuously
and uninterruptedly during the period of at least six
months next prior to the first issue thereof
contained said notice or advertisement above
referred to; that said newspaper has been admitted
to the United States mails as second-class matter
under the provisions of the Act of March 3,1879, or
any amendments thereof; and that said newspaper
is a daily newspaper duly qualified for publishing
legal notices and advertisements within the
meaning of the laws of the State of Colorado.
August 1, 2018
Total Charges: $11.92
1st day of August 2018
My Commission Expires 09/28/2021
Notary Public
KELLY ASH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174040535
MY COMMISSION EXPIRES SEPTEMB!R 28, 202
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-07 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
July 2, 2018. A public hearing and second reading is scheduled to be held in the Chambers of the
Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado
80631, on July 23, 2018. All persons in any manner interested in the reading of said Ordinance
are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2018-07
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE
DATE OF NEXT READING: July 23, 2018, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 6, 2018
PUBLISHED: July 11, 2018, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2018-07
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
2018-2040
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
Add ARTICLE XIX - Evans Plan, in its entirety.
ARTICLE XIX
Evans Plan
Sec.19-19-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the
13th day of August, 2018, 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 City of Evans, a Colorado municipal corporation, whose address is 1100
37th Street, Evans, CO 80620, hereinafter called the "MUNICIPALITY." The COUNTY and
MUNICIPALITY are hereinafter sometimes referred to individually as "party" and collectively as
"the parties."
Sec. 19-19-20. 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. 19-19-30. 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.
Sec. 19-19-40. 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. 19-19-50. 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 one (1) complete set of all application materials for the
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 to the COUNTY), to notify
the COUNTY, in writing, that the MUNICIPALITY and the applicant are in discussions regarding
conceptual terms of a pre -annexation agreement. The COUNTY shall not 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. 19-19-60. 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 19-19-50. 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. 19-19-70. 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).
Sec. 19-19-80. 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 (1) 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.
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.
APPENDIX 19-Q
CITY OF EVANS COMMON DEVELOPMENT STANDARDS
Site Access. Development as defined in Title 18, Land Development Code, of the City of Evans
Municipal Code, shall utilize shared access points or other mutually approved alternatives to the
adjacent County road to avoid multiple driveways onto streets and roads identified in the
transportation plans of the County or City.
Setbacks. All setbacks shall be measured from the future right-of-way line as identified by the
Weld County Code or the City of Evans Transportation Master Plan, whichever is greater.
Screening. Any development proposing outdoor storage and/or non-residential uses within 1,000
feet of residential uses shall be screened from view by opaque fencing, earth berms, dense
landscaping, hardscaping or any combination of these methods. For the purposes of this section,
opaque fencing shall not include chain -link fencing with slats.
Lighting. All lighting fixtures, including wall pack lighting and other service area and security
lighting, shall be full cutoff fixtures and mounted so that light is directed downward. Light sources
shall be concealed or shielded so as to minimize up -light, spill -light, glare and unnecessary
diffusion on neighboring properties.
Signage. Freestanding signs shall meet a minimum setback distance of fifteen (15) feet from the
property line (or property lines based on future right-of-way dedications) and are encouraged to
be mounted on a monument base. Pole -mounted signs are prohibited. Such signs shall not
exceed sixteen (16) feet in height or seventy-two (72) square feet per side of sign. All other
signage shall be in conformance with the City of Evans Sign Code or the Weld County Code
depending on where the development is situated.
Paving of parking lots. All parking lots and driveways which are designed to be used for
employee, visitor or customer parking with direct access to a City street shall be paved with
asphalt, concrete or other material mutually approved by the County and City. Additionally, all
parking lots and driveways shall include an approved method of tracking control to prevent
tracking of mud and debris onto City streets.
Affidavit of Publication
STATE OF COLORADO
County of Weld,
I Vickie Garretts
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Eleventh day of July A.D. 2018 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Eleventh day of July A.D. 2018 that said The
Greeley Tribune has been published continuously
and uninterruptedly during the period of at least six
months next prior to the first issue thereof
contained said notice or advertisement above
referred to; that said newspaper has been admitted
to the United States mails as second-class matter
under the provisions of the Act of March 3,1879, or
any amendments thereof; and that said newspaper
is a daily newspaper duly qualified for publishing
legal notices and advertisements within the
meaning of the laws of the State of Colorado.
July 11, 2018
Total Charges: $ 146.82
11th day of July 2018
My Commission Expires 09/28/2021
KELLY ASH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174040535
MY COMMISSION EXPIRES SEPTEMBER 28, 202
NOTICE OF FIRST READING
OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018.07 published below, was introduced and, on motion
duty made and seconded, approved upon first reading on July 2, 2018. A public hearing and second reading is scheduled to be
held in the Chambers of the Board, located within the Weld County Administration Building, 1150 0 Street, Greeley, Colorado
80631, on July 23, 2018. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be
heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970)336-7233. prior to the day of the hearing
if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material,
exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the
office of the Clerk to the Board or County Commissioners, located within the Weld County Administration Building, 1150 0 Street,
Greeley, Colorado, between the hours of 8:00 am. and 5:00 p.m., Monday thnf Friday, or may be accessed through the Weld
County Web Page (www.co.weid.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file:
To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesickffeco.weld.ca.us.
ORDINANCE NO. 2018-07
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDitIATED
DATE OF NEXT READING: OJuly 23, 01 F THE WELD at�0Oaa m CODE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 6, 2018
WELD COUNTY
CODE ORDINANCE 2018-07
IN THE AGREEMENTS, OF OF REPEAUNG AND OF THE WELD COUNTY ENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING
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
ompenature siv a enacted om
Code
e County
before said Weld,
n including dg ththe ification of all previously adopted ordinances of a general and
permanent
and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures. terms, and requirements
therein. _
NOW, THEREFORE, IT h ORDAINED by the Boardand herby are, rCommissioners
pealed and re-enacted, wifth amendments and Colothe varthat
cer-
tain existing Chapters of the Weld County Code be, Y P
Chapters are revised to read as follows. CHAPTER 19
COORDINATED PLANNING AGREEMENTS
Add ARTICLE XIX - Evans Plan, In its entirety. ARTICLE XIX
Evans Plan
Sec.19-19-10. Introduction.
This Coordinated Planning Agreement ("CPA") is made and entered into effective as of the 13th day of August, 2018, _ between
the Board of County Commissioners of the County of Weld, State of Colorado, whose address is 1150 0 Street, Greeley, CO
80631, hereinafter called the °COUNTY," and the City of Evans, a Colorado municipal corporation, whose address is 1100 37th
Street, Evans, CO 80620, hereinafter called the "MUNICIPALITY.' The,COdNT'Y and MUNICIPALITY are hereinafter sometimes
referred to individually as "party" and collectively as "the parties."
Sec. 19.19-20. 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 MUNICIPAUTI': 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
tiejurisdictions, accomplishing such activities through public processes that
respect, protect. and promote private property ig
D. Title 29, Article20 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 plan-
ning, 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. UO.Goal 2., which encourages the establishment of intergovernmental agreements concern-
ing growth areas with each municipality in Weld County.
Sec. 19-19-30. Purposes and Objectives.
The purpose of this CPA is to establish procedures and standards pursuant to which the parties will move toward greater coordi-
nation 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 incorpo-
rated areas,
and
or within COUNTY, respectively.
COUNTY,
for unincorporated areas, is subject to exclusive final approval by the governing body of the MUNICIPALTYSec. 19-19-40. Definitions.
For the purposes of this CPA the following temps 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
except for
ReMILE AREA, corded Exemption or Subdivt for an ision Exemption.ndment to a Iat or a Existing gricutt pal. ses. which arneither ot e lawful uses eithereates any rional lots, asUses by arid
ght under th
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. 19.19-50. 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
iT SEEtE (3) MILE
AEAton ththe
UNIC t
for its review and recommendation. Such referral shall include at least one (1) compapplication
DE-
VELOPMENT proposal and preliminary COUNTY staff summary of the case. The COUNTY shall atow 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
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. Ii 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 la the MUNICIPALITY by
separate writing. The MUNICIP.AUTY shall be given notice oi, and may appear and be heard at any nearing or other proceeding at
which the COUNTY shall consider a DEVELOPMENT subject to the foregoing referral process.
S. 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 MUNICIPALIT{, the COUNTY shall, in writing, at time or 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 twen-
ty-one (21) days following contact by the proponent, which shall be documented, in writing, (with a copy to the COUNTY), to notify
the COUNTY, in writing, that the MUNICIPALITY and the applicant are in discussions regarding conceptual terms of a pre -annex-
ation agreement. The COUNTY shall riot process any application until the completion or 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. Ttte parties recognize that decisions by one party regarding development may impact prop-
erty outside of its jurisdiction. The parties agree that it.risdictionat boundaries shall riot be the basis for giving any greater or lesser
weight to those impacts during the course of deliberations.
0. Referrals to County. The MUNICIPAUYY 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 or an annexation of more than ten (10) acres,
the provisions of this section shall be deemed satisfied by compliance by the MUNICIPAUYY 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. 19-19-60. 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 19-19-50. Each party shalt 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 under-
standing of the legislative processes involved, and such covenants shall be liberally construed in light thereof.
Sec. 19-19-70. Establishment of Common Development Standards.
The MUNICIPALITY and COUNTY shall, within one (1) year of the effective date at 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).
Sec. 19-19-80. Miscellaneous provisions.
A. Severabiiity. 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 partfps shall then review the remaining provisions to determine if the CPA
should continue, as modified, or if the CPA should be terminated. a..
B. Termination. This CPA shall continue in effect for a period of one (1) year from the date first written above, and shall be renewed
automatically thereafter for successive one (1) year periods, Notwithstanding the foregoing, however, either parry 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 shalt, 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.
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 capita€ization, 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 fad that any one or more sections, subsections,
paragraphs. sentences, clauses, or phrases might be declared to be unconstitutional or Malin.
APPENDIX 19-0
CITY OF EVANS COMMON DEVELOPMENT STANDARDS
Site Access. Development as defined in Title 18, Land Development Code, of the City of Evans Municipal Code, shall utilize
shared access points or other mutually approved alternatives to the adjacent County road to avoid multiple driveways onto streets
and roads Identified in the transportation plans of the County or City.
Setbacks. All setbacks shall be measured from the future right-of-way line as identified by the Weld County Code or the City of
Evans Transportation Master Plan, whichever is greater.
Screening. Any development proposing outdoor storage and/or non-residential uses within 1.000 feet of residential uses shaft be
screened from view by opaque fencing, earth berms, dense landscaping, hardscaping or any combination of these methods. For
the purposes of this section, opaque fencing shall not include chain -link fencing with slats.
Lighting. All lighting fixtures, including wail pack lighting and other service area and security lighting, shall be full cutoff fixtures
and mounted so that light is directed downward. tight sources shall be concealed or shielded so as to minimize uptight, spill -light,
glare and unnecessary diffusion on neighboring properties.
Signage. Freestanding signs shall meet a minimum setback distance of fifteen (1 5) feet from the property line (or property tines
based on future right-ot-way dedications) and are encouraged to be mounted on a monument base. Pole --mounted signs are
prohibited. Such signs shall not exceed sixteen (16) feet in height or seventy-two (72) square feet per side of sign. All other signage
shall be in conformance with the City of Evans Sign Code or the Weld County Code depending on where the development is situat-
ed.
Paving of parking lots. All parking lots and driveways which are designed to be used for employee, visitor or customer parking
with direct access to a City street shall be paved with asphalt, concrete or other material mutually approved try the County and
City. Additionally, at parking lots and driveways shall include an approved method of tracking control to prevent tracking of mud
and debris onto City streets.
The Tribune
July 11, 2018
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