HomeMy WebLinkAbout20063196.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Roy Spitzer that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1576
APPLICANT: Scott Deemer
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part SW4 SE4 of Section 32, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
any use permitted as a use by right, an accessory use, or use by
special review in the Commercial or Industrial Zone District
(Office and Storage of Landscape Materials) in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to State Highway 52; approximately 0.5
mile west of CR 5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1.The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to non urban residential,commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Application materials
indicate that the site can support the proposed use.Conditions of Approval and Development
Standards ensure that a reasonable attempt will be made to be compatible with the region.
The single family home on the property will be converted into office uses and the storage of
materials will be screened and located in the rear of the property. The site is proposed to be
serviced by the existing septic system on-site and Left Hand Water District.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a
Use by Special Review in the Commercial or Industrial Zone District(Office and Storage of
Landscape Materials) in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties to the north and east are primarily
agricultural in nature. USR-1488 for gravel mining is located to the west of the site and the
New Consolidated Lower Boulder Ditch runs along the northeast property line. Single family
homes are located to the south of the site. No letters have been received from surrounding
property owners. The Development Standards and Conditions of Approval will ensure
compatibility with adjacent properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property does not lie within any Intergovernmental Agreement
Area. The subject property does lie within the three mile referral area of the Towns of
Dacono, Erie, and Frederick and Boulder County. The Town of Dacono and Boulder County
did not respond to the referral indicating no concerns. The Town of Erie in their referral
received August 24,2006 has no objections to the application. The Town of Frederick stated
EXHIBIT
2006-3196
its! to
Resolutions USR-1576
Scott Deemer
Page 2
in their referral dated September 18, 2006 that the site is within the Town's Planning Area and
annexation will be required upon contiguity. The Town's Comprehensive Plan has designated this
parcel as Mixed Use Highway 52 Commercial. In lieu of annexation at this time the Town will
require the development to comply the Town's development standards.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
Water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The site consists of a little
over three acres and is currently being utilized as a single family home.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. If applicable,the applicant shall submit a detailed signage plan to the Department of Planning
Services. (Department of Planning Services)
B. A Landscaping and Screening Plan shall be submitted to the Department of Planning
Services demonstrating how the outdoor storage area is to be screened from adjacent
properties and public rights-of-way. (Department of Planning Services)
C. The applicant shall provide current evidence that the facility has a commercial tap from the
Left Hand Water District to the Department of Planning Services. (Department of Planning
Services)
D. The applicant shall submit to the Department of Planning Services written evidence from the
Colorado Department of Transportation that an access permit has been applied for.
(Department of Planning Services)
E. The applicant shall submit a copy of a recorded shared access agreement with the property
to the west to the Department of Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of written approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
Resolutions USR-1576
Scott Deemer
Page 3
B. The septic system serving the home shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed hydraulic load (commercial
office). The review shall be submitted to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed, the system shall be brought into compliance with
current Regulations. Evidence of written approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
C. The applicant shall provide the Department of Planning Services with a maintenance plan
that is in compliance with Section 23-2-250.F of the Weld County Code. (Department of
Planning Services)
D. The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into a
Private Improvements Agreement according to policy regarding collateral for improvements
and post adequate collateral for all landscaping,transportation(access drive, parking areas,
etcetera) and non-transportation (plant materials, fencing, screening, water, signage
etcetera). The agreement and form of collateral shall be reviewed by County Staff and
accepted by the Board of County Commissioners prior to recording the Use by Special
Review plat. Or the applicant may submit evidence that all the work has been completed and
approved by the Department of Planning Services and the Department of Public Works.
(Department of Planning Services)
E. The applicant shall provide the Department of Planning Services with an access permit from
the State of Colorado Division of Transportation, as outlined in the referral dated August 27,
2006. (Department of Planning Services)
F. The applicant shall attempt to address the requirements(concerns)of Town of Frederick,as
stated in the referral response dated September 8,2006 and September 18,2006. Evidence
of such shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
G. The applicant shall address the requirements(concerns)of Department of Public Works,as
stated in the referral response dated August 29, 2006. Evidence of such shall be submitted
in writing to the Department of Planning Services. (Department of Planning Services)
H. The applicant shall attempt to address the requirements (concerns) of New Consolidated
Lower Boulder Reservoir and Ditch Company, as stated in the referral response dated
August 27, 2006. Evidence of such shall be submitted in writing to the Department of
Planning Services. (Department of Planning Services)
The applicant shall address the requirements (concerns)of Mountain View Fire Protection
District as stated in the referral response dated August 28,2006. Evidence of such shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
J. The applicant shall submit to the Department of Planning Services written evidence from the
Colorado Department of Transportation that an access permit has been obtained.
(Department of Planning Services)
K. A change of use building permit shall be submitted to the Department of Building Inspection.
Evidence of such shall be submitted in writing to the Department of Planning Services.
(Department of Building Inspection)
Resolutions USR-1576
Scott Deemer
Page 4
L. The plat shall be amended to delineate the following:
1. All the sheets of the plat shall be labeled USR-1576. (Department of Planning
Services)
2. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. The off street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
4. Should exterior lighting be a part of this facility,all light standards shall be delineated
on the Use by Special Review Plat. (Department of Planning Services)
5. State Highway 52 requires 200 feet of right-of-way at full build out.A total of 100 feet
from the centerline of State Highway 52 shall be delineated on the plat. (Colorado
Department of Transportation)
6. The applicant shall provide a minimum of twelve(12)parking spaces, one of which
should meet the intent of the American's with Disabilities Act. The parking spaces
shall be equipped with wheel guards or curb blocks when necessary to prevent
vehicles from extending beyond the boundary of the space and from coming into
contact with other vehicles, walls, fences or plantings. (Departments of Public
Works and Planning Services)
7. The access shall be delineated on the plat as approved by the Mountain View Fire
Protection District. Evidence of such shall be submitted in writing to the Department
of Planning Services. (Mountain View Fire Protection District)
8. The attached Development Standards. (Department of Planning Services)
9. The approved Landscape and Screening Plan including the location of the outdoor
storage shall be delineated on the plat. (Department of Planning Services)
10. The applicant shall submit two(2)paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. (Department of Planning
Services)
3. Upon completion of 1. and 2. , above, the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsaco.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
Resolutions USR-1576
Scott Deemer
Page 5
and Recorder. (Department of Planning Services)
6. Prior to issuance of building permit:
A. One month prior to construction actives a storm water discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. Contact the Water Quality Control
Division of the Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
B. The applicant shall submit building plans to the Mountain View Fire Protection District for
review and approval. A letter of approval shall be submitted to the Department of Building
Inspection. (Department of Building Inspection)
7. Prior to Certificate of Occupancy:
A. A final inspection of the occupancy will be required by a member of the Mountain View
Fire Protection District. (Mountain View Fire Protection District)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Scott Deemer
USR-1576
1. The Site Specific Development Plan and a Special Review Permit for any use permitted as a use by
right,an accessory use,or use by special review in the Commercial or Industrial Zone District(Office
and Storage of Landscape Materials) in the A (Agricultural) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.(Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Hours of operation will be 7:00 am to 6:00 pm Monday through Friday as stated in the application
materials. (Department of Planning Services)
4. The site shall be limited to no more than ten (10) employees on site as stated in the application
material. (Department of Planning Services)
5. There shall be no parking or staging of trucks within the public right-of-way.(Department of Planning
Services)
6. No retail sales shall be allowed from the site. (Department of Planning Services)
7. No outdoor storage of materials shall be permitted outside of the approved fenced/screened area.
(Department of Planning Services)
8. Materials stored on the site may not be stacked higher than the fencing. (Department of Planning
Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
12. The applicant shall operate in accordance with the submitted"waste handling plan". (Department of
Public Health and Environment)
13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
16. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
17. The facility shall utilize the existing public water supply (Left Hand Water District). (Department of
Public Health and Environment)
18. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
19. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
21. The applicant shall submit building plans to the Mountain View Fire Protection District for review and
approval prior to the issuance of building permits. A letter of approval shall be submitted to the
Department of Building Inspection. (Department of Building Inspection)
22. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
23. The site must take into consideration storm water capture/quality and provide accordingly for best
management practices. (Department of Public Works)
24. Building permits shall be obtained prior to the construction of any building. (Department of Building
Inspection)
25. A plan review is required for any additional building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
26. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently, the following has been adopted by Weld County: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
27. Buildings may require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection preformed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
28. Fire resistance walls and opening,construction requirement,maximum building height and allowable
areas will be reviewed at the plan review. Setback and offset distances shall be determined by the
Weld County Code. (Department of Building Inspection)
29. Building heights shall be measured in accordance with 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements for Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
^ projection from the building. Property lines shall be clearly identified. (Department of Building
Inspection)
30. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
31. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Storm Water/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
32. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
33. On site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-
250.6.6 of the Weld County Code. (Department of Planning Services)
34. All construction or improvements occurring in a geological hazard area as delineated by the Colorado
Geological Survey shall comply with Overlay District requirements of Chapter 23,Article V, Division 2
of the Weld County Code.
35. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
36. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
38. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
39. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 17,2006.
Dated the
Doni 17th of October, 2006.
c�l�y
Secretary
10- I-1—ZOCCsi
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 17, 2006
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24.5, Longmont,Colorado. The meeting was called to order by Vice Chair,Doug
Ochsner, at 1:30 p.m.
7.3
ROLL CALL ABSENT
71
Chad Auer- Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Roy Spitzer
James Welch
Mark Lawley
Also Present: Kim Ogle, Jacqueline Hatch, Chris Gathman, Michelle Martin, Department of Planning; Don
Carroll, Jesse Hein, Department of Public Works; Char Davis, Environmental Health Department; Cyndy
Giauque, County Attorney; Voneen Macklin, Recording Secretary
The summary of the last regular meeting of the Weld County Planning Commission held on October 3,2006,
was approved as read.
The following cases are on the Consent Agenda:
1. CASE NUMBER: AmUSR-1508
APPLICANT: Longmont Broadcasting LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3507; Pt N2 of Section 33, T2N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Amended Special Review
Permit for two communication transmission towers (two guyed
broadcast towers approximately 1,459 feet, an increase from the
previously approved height of 1,180 feet, with support buildings)
in the A (Agricultural)Zone District.
LOCATION: East of and adjacent to CR 17; south of and adjacent to CR 16.
2. CASE NUMBER: USR-1572
APPLICANT: Suncor Energy
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of AmRE-2918; being part of the NW4 of Section 20, T2N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas
Storage Facility in the A (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 20; 1/4 mile east of SH 85.
3. CASE NUMBER: USR-1574
APPLICANT: New Hope Family Christian Church
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of RE-4300 being part of the N2 NW4 of Section 28, T2N,
R67W of the 6th P.M., Weld County, Colorado. •
REQUEST: Site Specific Development Plan and a Special Review Permit for f
a church, childcare center, and private school in the A e
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 18 and east of and adjacent to CR ;f
17. .
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4. CASE NUMBER: USR-1575
APPLICANT: Marilyn Taylor
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-4053 being part of the NW4 of Section 32, T2N,
R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a use similar to the uses listed as Use by Special Review as long
as the use complies with the general intent of the A(Agricultural)
Zone District(Assisted Living Residence) in the A(Agricultural)
Zone District.
LOCATION: South of and adjacent to CR 16 and approximately one mile west
ofCR41.
5. CASE NUMBER: USR-1576
APPLICANT: Scott Deemer
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part SW4 SE4 of Section 32, T2N, R68W of the 6th P.M.,Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
any use permitted as a use by right, an accessory use, or use by
special review in the Commercial or Industrial Zone District
(Office and Storage of Landscape Materials) in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to State Highway 52; approximately 0.5
mile west of CR 5.
Roy Spitzer moved to approve the Consent Agenda. Tom Holton seconded. Motion carried.
The following case will be heard:
6. CASE NUMBER: 2006-XX
APPLICANT: Newby Farms LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 of Section 33, T3N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Petition for inclusion into the Mixed Use Development Area of
Unincorporated Weld County, Changes to Chapter 22
(Comprehensive Plan)and Chapter 26 (Mixed Use Development
Plan Structural Land Use Map 2.1).
LOCATION: North of and adjacent to CR 26; east of and adjacent to CR 5.
Michelle Martin, Department of Planning Services, presented Case 2006-XX, Newby Farms LLC, reading
the comments and recommendations into the record. The Department of Planning Services
recommended approval of the application. Ms. Martin stated the applicants have applied for a petition for
inclusion into the Mixed Use Development Area of Unincorporated Weld County. Changes to Chapter 22
(Comprehensive Plan)and Chapter 26 (Mixed Use Development Plan Structural Land Use Map 2.1). The
property is located North of and adjacent to County Road 26 and east of and adjacent to County Road 5.
There are two criteria for review of this amendment to Chapters 22 and 26 Map#2.1: Structural Land Use
Map. The property in question is not located within the Mixed Use Development (MUD) area. Inclusion
into MUD would allow the applicants the opportunity to propose an urban scale development in an area
that can obtain adequate services. The proposed subdivision would include 600 single family residences
utilizing St. Vrain Sanitation and Longs Peak Water. The applicants have examined the goals and policies
of the MUD and have committed to provide 65 acres of open space. The applicants have discussed the
need for appropriate pedestrian circulation within the site and have committed to meet these needs. The
application states that the goal in creating this subdivision rests in the ability to create a mixture of
residential land uses with both passive and active recreational uses. The proposed site lies within
Longmont's Intergovernmental Agreement area. The City of Longmont at their September 12, 2006 City
Council meeting decided not to annex the property in question. To be consistent with Section 22-2-100 of
the Weld County Code, urban scale residential development must occur within either an IGA boundary or
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