HomeMy WebLinkAbout20182041.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: City of Evans CPA and Common Development Standards
DEPARTMENT: Planning
PERSON REQUESTING: Tom Parko
Brief description of the problem/issue:
DATE: May 30, 2018
The Town of Evans has submitted a signed copy of the Coordinated Planning Agreement, coupled with
Common Development Standards. Both the CPA and the Development Standards have been modified to reflect
the changes agreed upon by both parties during a work session held on 02.20.2018.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
• Consider the CPA w/ D.S.
• Modify the CPA w/ D.S.
• Reject the CPA / D.S.
Recommendation:
The Town of Evans signed the CPA with the changes that both parties agreed to during the work session. Staff
recommends that the CPA be placed on the Commissioner's agenda for consideration and adoption.
Approve
Recommendation
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Sean P. Conway
Julie Cozad
Steve Moreno, Chair
Schedule
Work Session
Other/Comments:
2018-2041
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. Alt 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 a
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 sick 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.
COORDINATED PLANNING AGREEMENT
BETWEEN THE CITY OF EVANS, COLORADO, AND WELD COUNTY, COLORADO
This Coordinated Planning Agreement ("CPA") is made and entered Into effective as of
the 2r `day of Marl .h , 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 3T" Street, Evans Colorado 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
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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 one (1) complete set of all application materials for the
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 are in discussions regarding conceptual terms of a
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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 eitherinclude 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
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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
Donald Warden
BOARD OF COUNTY
COMMISSIONERS OF
WELD COUNTY, COLORADO
Deputy Clerk to the Board , Chairman
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ATTEST:
tal Eucker, City Cte
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MUNICIPALITY
TOWN / CITY OF
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 as identified in the
respective transportation plans of the County or City.
Setbacks. All setbacks shall he 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 a
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 he 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.
lily oF
a
�Eiios,
If you would like to address City Council.
please place your name on the sign-up sheet
located at the back of the council room.
You will be recognized to speak during the
"audience participation" portion of the agenda.
RESULTS
Regular Meeting
March 20. 2018 - 7:00 p.m.
City Council meeting packets are prepared several days prior to the meetings. This information is reviewed
and studied by the Councilmembers. eliminating lengthy discussions to gain basic understanding.
Timely action and short discussion on agenda items does not reflect lack of thought or analysis
An informational packet is available for public inspection on our website at www.cityofevans.org and posted
immediately on the bulletin board adjacent to the Council Chambers.
1. CALL TO ORDER
2. PLEDGE
3. ROLL CALL
Present: Mayor Morris, Mayor Pro Tem Rudy. Council Members: Clark, Finn,
Homann, Johnson, Speer
4 PROCLAMATION
A. Fair Housing Month
5. AUDIENCE PARTICIPATION
6. APPROVAL OF AGENDA
[PASSED UNANIMOUSLY]
CONSENT AGENDA
A. Approval of the March 6, 2018 Regular Meeting Minutes
[PASSED UNANIMOUSLY]
NEW BUSINESS
A Consideration of Resolution No 15-2018 - Financial Policies
[PASSED UNANIMOUSLY]
B Consideration of Resolution No 16-2018 -Surplus Property Disposal
Policy
[PASSED UNANIMOUSLY]
C Consideration of Resolution No. 17-2018 — Consideration of Approval to
apply for a DOLA Energy Impact Grant for 37'h Street utility improvements
[PASSED UNANIMOUSLY]
D. Consideration of Weld County Coordinated Planning Agreement
[PASSED UNANIMOUSLY]
E. Consideration of Resolution 18-2018 — Authorizing Letters of Support for
CDBG-DR and Housing Tax Credit Funding
[PASSED UNANIMOUSLY]
F. Consideration of Ordinance No. 676-18 — Amending Chapter 2.12 of the
Evans Municipal Code Regarding Police Department Functions (First
Reading)
[ITEM REMOVED FROM THE AGENDA]
G Consideration hrsfsr n� Mn 677-18 m nrIi n r� �n� r C f n4 *hrs
v � Ordinance �a� �� ��1.— i� ��a as,,t�� ;� �l 1apte .1 2.4 �►� the
Evans Municipal Code Regarding Theft and Criminal Mischief (First
Reading)
[PASSED UNANIMOUSLY]
H. Consideration of Amendment to Employment Agreement with City
Manager James Becklenberg
[PASSED UNANIMOUSLY]
g. REPORTS
A. City Manager
B. City Attorney
4 r1 n 1 IflI 1/44cE n QTJr`I1'� 1 '01 (general comments)
S`
i V. t'1VL.�1LIVVL A t C1 t v (ge tics
4
1 . Ai. JOURNMENT
[ADJOURNED AT 7:56 p.m.]
CITY OF EVANS - MISSION STATEMENT
"To deliver sustainable, citizen -driven services for the health, safety, and welfare
of the community."
it is the policy of the City of Evans that all programs and activities shall be accessible to. and usable by,
persons with disabilities. Persons needing assistance shall contact the Safety & Risk Management Specialist
at the City of Evans. Please provide three to five business day's advance notice so we can adequately meet
your needs.
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Attachments:
Fred Starr <FStarr@evanscolorado.gov>
Friday, May 25, 2018 5:04 PM
Tom Parko Jr.
Krystal Eucker; Dawn Anderson
Coordinated Planning Agreement Evans
2 - Attachment #1 - Evans CPA_CLEAN_02.21.18.doc; 1 - #2 -Weld County Planning
Agreement.docx; 3 - Attachment #2 - COMMON DEVELOPMENT STANDARDS_CLEAN_
02.21.18,docx; 03.20.18 Council Results.pdf
Tom,
Dawn mentioned that you had not received a copy of the signed Coordinated Planning Agreement.
I am including the packet information we presented to the City Council and the minutes of the March 20, 2018 meeting
where the City Council took action to approve the agreement and authorize the mayor to sign the agreement.
Our City Clerk at the time, Ragen Robb, should have had the mayor sign the agreement and forward a copy to you or the
County Clerk.
If we did not execute the agreement I will have it signed and sent to you.
Sorry for the confusion.
Fred
Fred Starr, AICP
Public Works & Community Development Director
City of Evans
Evans Colorado, 80620
970-475-1110
fstarrra;evanscolorado.gov
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Hello