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HomeMy WebLinkAbout20020752.tiff CAROL Harding - 26-1-20 Planning Area Boundaries.,......,.,....,,., ...... .......................... .e.,..,.,..,..,.,..,..,.,,.,.................... .... ..... .....Pa.�e,� From: Robert R. Anderson To: Harding, CAROL Date: 3/5/02 1:17PM Subject: 26-1-20 Planning Area Boundaries Sec. 26-1-20. Planning area boundaries. The MUD area covers approximately fourteen thousand seven hundred and fifty (14,750) acres with approximate boundaries at Weld County Road (WCR) 1 on the west, WCR 15 on the east, WCR 32 on the north and WCR 20 on the south. The MUD planning area boundaries are shown on Map 2.1, Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. (Weld County Code Ordinance 2001-4) Carol, Hope this is what you needed, if not give me a ring. . .Thanks Robert X3546 2002-0752 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS ' Moved by Fred Walker that the following resolution be introduced for passage by the Wei'd'County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: County Code 2001-XX Planner: Robert Anderson Applicants: Reynolds & Reynolds Woods Address: c/o AgPro 4311 Highway 66, Ste. 4 Longmont, Colorado 80504 Request: Amendment to Map#2.1: Structural Land Use Plan of the Comprehensive Plan (Chapter 22) and the Mixed Use Development Plan (Chapter 26) to include 800 +/- total acres designated for potential Residential, Regional Commercial, Employment Center, Regional Park, School Site, and Neighborhood Center Development. Legal Description: East Half of Section 23 and the Southwest Quarter of Section 24, Township 3 North, Range 68 West and the Northeast Quarter of the Southeast Quarter and the east one-half of the Northeast Quarter of Section 30, Township 3 North, Range 67 West all of the 6th Prime Meridian, Weld County, Colorado. be recommended favorably to the Board of County Commissioners for the following reasons: THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. Criteria I: MUD Plan, Chapter 26, Weld County Code. That the application is consistent with Section 26-1-30 Weld County Mixed Use Plan which establishes procedures for amending Chapter 26 in accordance to procedures established in Section 22-1-50 of the County Code. The procedures for submittal have been met. 2. Criteria II: Comprehensive Plan, Chapter 22, Weld County Code. The following procedures are outlined in Section 22-1-50 of the Weld County Code: 22-1-50.B.1. "Comprehensive Plan amendment proposals shall be considered bi-annually with a public hearing process beginning in November or May of each year." 22-1-50.B.2. "The petitioner shall pay for the cost of legal publication of the proposed amendment and all land use application fees." There is currently no charge to amend the Structural Land Use Map, #2.1. The applicant was informed that there is a fee for legal publication and will pay for the publication. 22-1-50.B.3. "A typewritten original and eleven (11)copies of the proposed Comprehensive Plan amendment must be submitted to the Department of Planning Services no later than October 1 or April 1 of each year to be considered for review and public hearings." The applicant has met this requirement. The application was submitted on September 21, 2001 22-1-50.B.3.a "A statement describing why the comprehensive plan is in need of revision." Resolution County Code 2001-XX Reynolds/Woods Reynolds Page 2 The applicants have stated the desire to develop the properties at an urban scale density by complying with standards established in Chapter 26, Mixed Use Development area plan. Application materials also state the properties are within the St. Vrain Sanitation District boundary. Capability of serving these properties by St. Vrain Sanitation District does exist. 26-2-30.D.1 "Residential districts within the MUD area are encouraged to be cohesive, identifiable and diverse, while retaining the current agrarian lifestyle of residents in the area." The creation of an expansion to the MUD area is of concern for surrounding land uses. Agricultural uses currently occur on land referred to in this application. Adjacent Land uses are predominantly agricultural in nature with associated rural residences. When developing the MUD Plan, a ratio of employment centers, residential areas, parks and transit centers appear carefully planned in correlation to the total planned area. The applicants have examined this mixture of uses and have proposed a similar mixture, keeping true to the intent of the MUD Area. 22-1-50.B.3.b. "A statement describing how the proposed amendment will be consistent with existing and future goals, policies, and needs of the County." The applicants have apparently examined this mixture of uses and have proposed a similar proposed mixture, keeping true to the intent of the MUD Area. 22-2-60. A. Goal.3 of the Comprehensive Plan states that, "Urban-scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities" shall be discouraged. A.Policy3 of the Comprehensive Plan further states that"Conversion of agricultural land to urban-scale residential, commercial and industrial development will be discouraged when the subject site is located outside of an approved Intergovernmental Agreement area, urban growth boundary area, or 1-25 MUD area and urban development nodes." This proposal is located adjacent to the Urban Growth Boundary for the Town of Mead, and within the vicinity of current commercial and industrial activities taking place in the area. 22-2-170.R. Goal 2 of the Comprehensive Plan states that any proposed residential development shall, "Ensure that adequate public services and facilities are available to serve the residential development or district." R. Policy 2 further elaborates, "The land-use applicant will demonstrate, to the Board of County Commissioners, that adequate sanitary sewer and public water systems are available to all residential development, and that the street or highway facilities providing access to the property are adequate in width, classification, and structural capacity to meet the requirements of the proposed district or development." 22-1-50.5 The following procedures to amending the 1-25 Mixed Use Development Area Map are outlined in Section 22-1-50.5 of the Weld County Code, as amended: 22-1-50.5.a. "The proposed amendment must demonstrate the proposed amendment is adjacent to and contiguous with the existing 1-25 MUD Area Map." Resolution County Code 2001-XX Reynolds/Woods Reynolds Page 3 The combination of these parcels create a .40 contiguity boundary with the existing MUD area. 22-1-50.5.b. "The proposed amendment must describe how the proposed amendment will not place a burden upon existing or planned service capabilities. This statement shall include how emergency services will be provided to the proposed area." The applicant has coordinated with personnel representing the Towns of Firestone and Mead, Little Thompson Water District, St Vrain Valley Water and School District and the Mountain View Fire Protection District. 22-1-50.5.c. "The proposed amendment must delineate the number of people who will reside in the proposed area. This statement shall include the number of school-aged children and address the cultural and social service provision needs of the proposed population." The Application materials indicate approximately 1008 students will reside, 1558 Residential units will be constructed and 234 jobs will be created within the proposed amendment boundaries. The applicants has broadly addressed the cultural and social services needs of said population. The Weld County Department of Public Works, in their referral response dated February 12, 2002, stated: "In two letters dated January 7, 2002, and January 10, 2002, Eugene G. Cappola, P.E., made preliminary estimates of the traffic that will be generated from the two different sites. The western site will generate approximately 14,600 trips per day and the eastern site will generate 1,400. Mr. Cappola's preliminary traffic studies do not provide information on the impact to the roadway systems that serve the area. Traffic that will be generated by development of these properties will have a significant impact on the 1-25 Interchange, State Highway 66, and County Roads 32, 9 '/, and 13. Some of the necessary roadway improvements will be additional lanes, turning lanes, intersection improvements and traffic signals. In the application materials, under the section entitled Roads, the last sentence reads, "As development occurs, impact fees will be assessed by the County to provide adequate funding to design and construct the necessary roadway improvements." We wish to make it clear, impact fees were created strictly for capacity improvements to the overall roadway system. Any improvements necessary to facilitate access to a development are the responsibility of that development. At the time a site is developed, detailed traffic studies will be required identifying traffic impacts of that development and the roadway improvements needed to facilitate access to the development.(Weld County Department of Public Works) The St. Vrain School District in their referral response dated November 5, 2001 did not support the applicants proposal and stated: "The District opposes the approval of plats within this development proposal until there is capacity available in these schools (Mead Elementary and Middle Schools, Skyline High School) or there are new schools available to serve this area. Should this proposal be considered for approval by the County, the District's land dedication and cash-in-lieu requirements would still need to be satisfied." (St.Vrain Valley School District) Resolution County Code 2001-XX Reynolds/Woods Reynolds Page 4 The Planning Commission's recommendation for approval is conditional upon the following: 1. Any improvements necessary to facilitate access to a development are the responsibility of that development. At the time a site is developed, the applicants shall be required to provide detailed traffic studies identifying traffic impacts of that development and the roadway improvements needed to facilitate access to the development. Evidence or acknowledgment of such shall be provided to the Department of Planning Services. (Weld County Department of Public Works) 2. The applicants shall attempt to address the St. Vrain Valley School District's land dedication, cash-in-lieu and the requirements identified in the referral response dated November 5, 2001. Evidence or acknowledgment of such shall be provided to the Department of Planning Services. (St. Vrain Valley School District) 3. The applicant shall attempt to address the Mountain View Fire Protection District's referral request of October 30, 2001. "When development occurs, plans for such development must be submitted to the Fire District for review and approval; and all applicable code as they pertain to water supply, fire hydrant locations, fire department access, street designs and building construction must be met." Evidence or acknowledgment of such shall be provided to the Department of Planning Services. (Mountain View Fire Department) 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. If this amendment application is approved, Table 22.4 reflecting the land mass associated with proposed land distribution categories will require the appropriate amendment as outlined on Page 6 (attached). Table 22.4 Land Use Plan Distribution Land Use/Intensity Acres % Total Remarks Area Employment Center — 2,400 18.8% 24 31.0 million total square feet of floor space High Intensity 2,870 21% Regional Commercial — 380 2.07% 3-&4.4 million total square feet of floor space Medium Intensity 437 3% Neighborhood Center — 80 0.C3% 8—8.8 million total square feet of floor space Low Intensity 210 1% Residential — 5,1,5O 40.2% Maximum population: 39,813 59,076 people and Mixed Intensity 5,785 40% approximately 18,097 23,651 dwelling units Limiting Site Factors — 4,040 31.G% All areas delineated are within the 100-year Lowest Intensity 4,215 29% floodplain or have elements that obstruct or are hazardous to certain types of development Regional Park — 750 5.8% Areas delineated as open space 858 6% TOTAL 42000 100% 14,375 Source: Weld County Department of Planning Services. Assumptions: • Residential densities were calculated using an average of four dwelling units per acre for all development throughout the MUD area. It was assumed that 25% of the gross land area in residential areas would account for roadways,neighborhood parks and various residential amenities. The estimated population was calculated by multiplying the total number projected households by 2.5. • Employment center calculations are based on an average of 15,000 square feet of floor area per acre. • Regional commercial calculations are based on an average of 10,000 square feet of floor area per acre. The Planning Commission's recommendation is based upon review of applicable chapters of the Weld County Code, responses from referral entities, and other relevant information. Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Absent Fred Walker Cristie Nicklas Michael Miller Bryant Gimlin John Folsom Cathy Clamp Stephan Mokray Bruce Fitzgerald Luis Llerena The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, 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 February 19, 2002. Dated the 19'h of February, 2002. Voneen Macklin Secretary Cristie Nicklas asked Drew Scheltinga, Department of Public Works, about the not paving of the internal road way. Mr. Scheltinga stated Public Works has issues with Weld County getting the road back as an improvement district. Mr.Scheltinga added that there was the additional expense to the tax payer when this happens. There is also a checklist of items that Public Works goes through before the final determination for paving is made. Some of those items include complaints about dust, traffic counts, and the nature of surrounding developments. Mr.Scheltinga would have to look in to those issues. Luis Llerena asked about the traffic counts moving onto a well traveled road. Mr. Scheltinga stated that the traffic count on WCR 3 was 180 vehicles per day and this development would move it to over 200 vehicles per day. Once the count gets over 200 maintenance issues and fugitive dust start to become a problem. Stephen Mokray asked about the letter from the State Engineer with regard to the lack of water. Mr. Anderson stated they did receive a letter for water main extensions and it has been covered with an agreement. The Berthoud Fire Protection concerns are addressed in a Condition of Approval. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Theodore Sprague, prior property owner, is in favor of the zoning change. The land was sold for the purpose of paying off the farming loses. Mr. Sprague does live on an adjacent property (west). Roger Kinney, neighbor(immediately to the North) is in support of the project. This project will not create additional impact. His concern is with the dust and the traffic on WCR 3 because of the apparent illegal watering operation. Don Leffler stated that the comments from the Department of Public Works will be addressed and they will continue to work in further discussions. The traffic from the subdivision will not necessarily create the need fora paved road surface. Mr. Leffler stated they have met with the Berthoud Fire Protection. The applicant has met with them and it was agreed upon that there will be two fire hydrants added. Luis Llerena asked about the location of the bus stop for the children of the development. Mr. Leffler stated that they have worked with the school district and the post office for mail delivery and there will be a central location for each. The traffic will be taken off the county road and placed in the development. John Folsom asked if there should be need to change the Condition of Approval number 9 to reflect the change. Mr. Gimlin and Ms. Nicklas stated that the issue will be taken care of today and no change to the Conditions of Approval were required. Cristie Nicklas moved that Case Z-564, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephen Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Bryant Gimlin,yes;Cristie Nicklas,yes; Fred Walker,yes; Luis Llerena, yes. Motion carried CASE NUMBER: County Code 2001-XX APPLICANT: Reynolds&Woods Properties PLANNER: Robert Anderson LEGAL DESCRIPTION: E2 of Section 23,T3N, R68W and the N2 and the SW4 of Section 24,T3N, R68W and the NE4 of the SE4 and the E2 of the NE4 of Section 30, T3N, R67W 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). LOCATION: North of and adjacent to State Hwy 66, and Y mile east of 1-25. Robert Anderson, Department of Planning Services presented Case County Code 2001-XX, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. John Folsom asked if the IGA with the Town of Mead came into affect. The site is within the Urban Growth Area for Mead, is the application a proposal for development. This would cause it to be sent to Mead for the possible annexation. Mr.Anderson stated a referral was sent to the Town of Mead and the response indicating at this point there were no issues, they would address those issues as development was proposed. Mr. Folsom stated that is was a responsibility of the applicant to send an petition to the Town of Mead and have the town act on that petition. Mr. Morrison stated that this application includes no development it is merely an inclusion into the MUD. The Town of Mead will give the comments at a more direct time once development begins. Tom Haren, representative for the applicant, provided clarification with the reasons for inclusion into the MUD. There are two applications the Reynolds/Woods and the Reynolds application. The applicants are planning that the ultimate development will be with the Town of Mead. There were petitions submitted to the Town of Mead. There was more details after the amendment 24 was completed. This application can be in conjunction with the Town of Mead. There has been some preliminary planning with regard to the possible development. The preliminary applications for development are written with the school location or cash in leu offered. This is based on the property located south that is a possible school location. There is sufficient water on the property. The applicant is aware of the limitations on the sewer infrastructure. This is an integral part of a larger plan with the Town of Mead. There is conceptual plans for a sewer plant northeast of the applicants property. The Chair asked if there was anyone in the audience who wished to speak for or against this application. James Doucheff Jr., neighbor, operates a dairy in the area and has no objections to this project. He acknowledges that the area will eventually be residential in nature and plans to relocate eventually. The Co-Chair closed the public portion of the meeting. Luis Llerena asked Mr. Anderson about the concerned citizens letter. Mr. Anderson stated that the letter was a public response to the increase in growth and development in the area. Their concerns apparently revolve around quality of life issues in the area. The application is non-specific and general in nature therefore the public generally has concerns regarding the lack of detail. Mr.Llerena asked if there is specific issues with area. The MUD area was designed for this type of development. It was created as a special district and the county generally encourages development in specific areas if the appropriate infrastructure is either in place or planned. John Folsom stated that his perception of the letter is that there is sufficient lands in the MUD that can be developed and there is no need to expand the MUD area. Cristie Nicklas asked for clarification with regard to the inclusion in the MUD and not the annexation to the Town of Mead. Mr. Haren stated it was a co-permitting process with the Town of Mead and the MUD. This is a planning proposal not a development proposal. These properties fit more with the infill theory than some of the other properties that have been included in the MUD area. This is utilizing two perspectives, the County and the Town of Mead, to accomplish both desires. Fred Walker stated that the idea of infill is an just an arbitrary line on a map. This does not lend itself to where the infrastructure is available. This is conceptual in nature and not a specific development. There are ordinances which allow for properties to be included in the area. The concerns with it being "Smart Growth"or not will be determined when specific plans for development are submitted. John Folsom stated that development is appropriate on the site but he cannot concur with trying to accommodate both parties. Mr. Folsom feels as though if the annexation is intended then that is what should be done. There is not need to have the property in the MUD area if the annexation is what the applicant is trying to do. Bryant Gimlin asked for clarification with regard to any future development. Mr.Anderson stated that if there was to be any development they would have to come through the process and have it determined that appropriate infrastructure is in place. Ms. Nickles added that they would have to abide by the IGA that is in place with the Town of Mead. Tom Haren stated that there are two options available. The applicant can petition for the MUD and develop through the county while the other is to annex to the Town of Mead. The applicants have chosen to cover both the basis. John Folsom stated that if the Town of Mead declines the annexation request then the applicant can develop it through the county processes. Mr. Folsom read from the IGA that the County will not consider the proposal for development unless the applicant has submitted a petition for annexation with the municipality involved. If the annexation is denied there is a waiting period of 12 months before an application can be submitted to the county. Mr. Haren stated that the applicant has the option of the county to look at as well as going back to the town for another vote. Mr. Morrison stated that the applicant has no option under the IGA but to go to the Town of Mead first. Lee Morrison noted that this was two separate applications. Mr. Anderson stated that according to Anne Best Johnson (former Long Range Planner) who set up the case and the County Attorneys office the applications would be linked together. Mr. Morrison stated that the actions should be separated but the cases can be heard together just in case there would be separate results. Fred Walker moved that Case County Code 2001-XX, Reynolds property, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, no; Stephan Mokray, yes; Bryant Gimlin, yes; Cristie Nicklas, no; Fred Walker, yes; Luis Llerena, yes. Motion carried Mr. Folsom commented that it is true the code gives the applicants a way to ask for inclusion in the MUD but it does not guarantee it will be accepted. He does not believe it is in the best interest of the county to increase the size of the MUD, and there is no purpose since the petition for annexation needs to be made. Fred Walker moved that Case County Code 2001-XX,Reynolds/Woods property,be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, no; Stephan Mokray, yes; Bryant Gimlin, yes; Cristie Nicklas, no; Fred Walker, yes; Luis Llerena, yes. Motion carried Meeting adjourned at 3:00 p.m. Respectfully submitted 1' \S Voneen Macklin Secretary Hello