HomeMy WebLinkAbout20182367.tiffWELD 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
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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."
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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.
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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
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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).
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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.
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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.
The above and foregoing Ordinance Number 2018-07 was, on motion duly made and
seconded, adopted by the following vote on the 13th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Steve Moreno, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Julie A. Cozad
County Attorney
Mike Freeman
Date of signature:
First Reading:
Publication:
July 2, 2018
July 11, 2018, in the Greeley Tribune
Second Reading: July 23, 2018
Publication: August 1, 2018, in the Greeley Tribune
Final Reading: August 13, 2018
Publication: August 22, 2018, in the Greeley Tribune
Effective: August 27, 2018
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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.
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