HomeMy WebLinkAbout20041964.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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: 2004-XX
APPLICANT: Melody Homes/DR Horton
PLANNER: Monica Mika
LEGAL DESCRIPTION: A tract of land located in the NE & SE Quarter of the Section 33, T3N,
R68W of the 6th P.M., Weld County, Colorado.
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 188 +/- total acres designated for potential Residential, Regional
Park,School Site,and Neighborhood Center Development with a proposed
population density of 3000 residents.
LOCATION: West of and adjacent to CR 7 between CR 26 and CR 28; east of and
adjacent to CR 7; north of and adjacent to CR 26
be recommended favorably to the Board of County Commissioners 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 22-1-150 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 22-1-150 of the Weld County Code:
22-1-150.B.1.`Comprehensive Plan amendment proposals shall be considered bi-annually with a
public hearing process beginning in March or September of each year."
22-1-150.8.2."The petitioner shall pay for the cost of legal publication of the proposed amendment
and all land use application fees."
22-1-150.B.3. "A typewritten original and eleven(11) copies of the proposed amendment must be
submitted to the Department of Planning Services no later than February 1 or August 1 of each year
to be considered for review and public hearings."
22-1-150.B.3.a "A statement describing why the comprehensive plan is in need of revision."
Currently, a portion of the Adler property is within the existing boundaries of the Mixed Use
Development area. The applicants are proposing inclusion of their entire property into the MUD
boundaries. The MUD plan was developed to allow for expansion, as service providers became
capable of providing urban services. The proposed parcels are able to receive sanitary sewer from
St Vrain Sanitation District and potable water from Longs Peak Water District.
22-1-150.B.3.b.Astatementdescribinghowtheproposedamendmentwillbeconsistentwithexisting
and future goals, policies, and needs of the County."
The applicants have examined the amenities of the MUD plan and have committed to provide the
open space and the future school site locations as required. The applicants have discussed the need
for appropriate pedestrian circulation within the site and have committed to meet these needs. The
applicants have not made a specific commitment for a pedestrian crossing on CR 7, but stated this
issue would be resolved. Currently, Weld County Public Works is not requiring a pedestrian
underpass or overpass.
The proposed site will be designed to accommodate CR 7 improvements and other design
requirements as needed to ensure the safety of the residents and traveling public.
Resolution 2004-XX
Melody Homes
Page 2
The proposed site does not lie within any Intergovernmental Agreement areas,nor is the site included
in a municipal growth area. To be consistent with Section 22-2-100 of the Weld County Code, Urban
scale residential development must occur within either one of these areas or within the MUD. The
applicant is proposing inclusion into the MUD.
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."
As proposed, the site will be developed with 45 acres of open space divided into three parks with
open space connections throughout the subdivision. In accordance with Appendix 26.E., 20% (60
acres)of the site will need to be dedicated to open space.
22-2-60.C. A.Policy3 of the Comprehensive Plan states that"Conversion of agricultural land to
urban-scale residential, commercial and industrial development will be discouraged in areas where
adequate services and infrastructure are not currently available or reasonably obtainable."
The site can be provided urban scale water and sewer capabilities.
22-2-170. R. Goal 2 of the Comprehensive Plan states that any proposed residential
development shall, "Promote efficient and cost effective delivery of public facilities and services to
residential development or district." R. Policy 2 further elaborates, "The land-use applicant has
demonstrated 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." In a referral from the Weld County Sheriff's office,the agency stated they will be the
enforcement agency. The Sheriffs office noted that the level of service will be dependent upon
available funds. It is the opinion of the Department of Planning Services based on referral agency
comments that the applicant has adequately demonstrated compliance.
22-1-150 The following procedures to amending the 1-25 Mixed Use Development Area Map
are outlined in Section 22-1-150.6.4 of the Weld County Code, as amended:
22-1-150.4.a."Demonstrate the proposed inclusion into the Mixed Use Development are map or
modification to the existing land use classification,is adjacent to and contiguous with the existing 1-25
MUD Area Map."
The site is immediately adjacent to the MUD boundary. This MUD boundary has been in place since
the original adoption of the MUD (1992).
22-1-150.4.b."Describe how the proposed amendment will address the impact on existing or planned
service capabilities. This statement shall include how emergency services will be provided to the
proposed area."
The applicant has provided documentation of coordination with Longs Peak Water District and the
St Vrain Sanitation District. The municipalities of Mead, Dacono, Frederick and Longmont have
reviewed this application. While Frederick declined comment, Dacono and Longmont stated caution
in further expansion of the MUD, and Mead opposes the expansion stating concerns regarding
densities, case processing, lack of urban standards, future road concerns, and inadequate school
impact fees.
22-1-150.4.c."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, such as schools, of the proposed population." •
The application materials indicate that 3,000 people will reside in approximately 1,200 residential
structures, of the 3,000 people, 792 will be school aged children. The break down of school impact
is 420 elementary school and 168 middle school children, as stated in the districts referral dated
4/15/04. (This information was given to Weld County Planning from St.Vrain School District, as the
applicant declined to include this information.)
Resolution 2004-XX
Melody Homes
Page 3
In further follow up with District representatives, opposition to this application rests with already
crowded school conditions. While a high school is planned for the adjacent property to the east,due
to infrastructure concern, no date has been cited for building completion.
The applicants have agreed to pay the school impact fee, but have declined to comment on the
school capacity fee as stated in their application materials.
The Public Works Department has no objections to including these properties into the Mixed Use
Development Area. (Department of Public Works)
The Planning Commission recommends the following Conditions of Approval and Development Standards:
1. 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 April 15, 2004.
Evidence or acknowledgment of such shall be provided to the Department of Planning
Services. (Department of Planning Services)
2. The applicants shall work with the Weld County Attorney's office to establish a law
enforcement district.
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 below and Section 26.1.20 of
the MUD plan.
Appendix 22.G
Land Use Plan Distribution
Land Use/Intensity Acres % Total Remarks
Area
Employment Center — 248 19 % 31 million total square feet of floor space
High Intensity 2,769.66
Regional Commercial— 43-7- 3 % 19 million total square feet of floor space
Medium Intensity 495.50
Neighborhood Center— 195 1 % .9 million total square feet of floor space
Low Intensity
Residential — 6;263 42%43% Maximum population: GO,070 62,076 people and
Mixed Intensity 6,477.28 approximately 23,5G1 26,561dwelling units
Limiting Site Factors — 4 , 2 1 5 28 % All areas delineated are within the 100-year
Lowest Intensity 4,213.34 floodplain or have elements that obstruct or are
hazardous to certain types of development
Regional Park 862 912 6 % Areas delineated as open space
TOTAL 14,710 100%
15,062.78
Source: Weld County Department of Planning Services.
Assumptions:
Resolution 2004-XX
Melody Homes
Page 4
• 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.
• 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.
Motion seconded by Tonya Strobel
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
Doug Ochsner
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 May 18, 2004.
Dated the 18th of May, 2004.
G
Voneen Macklin
Secretary
.5- /? dot.--/
considering the access is the concern.
Bryant Gimlin commented (inaudible)
James Rohn commented that his recommendation of denial was based not only on the access but also for
the health, safety and welfare of the residents. This business would be better suited in a commercial area.
The access is interfering with the residences that are there and disrupting their livelihood.
Stephen Mokray indicated that the number of vehicles may be limited now but with a growing business the
need for room will expand. This is a residential area with a commercial use in the middle.
Bryant Gimlin commented (inaudible) •
Bruce Fitzgerald moved that Case USR-1470, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, no; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, no; Tonya
Strobel, no; Doug Ochsner, yes; Bruce Fitzgerald, yes; Chad Auer, yes. Motion carried.
John Folsom commented that the boulders that are in the right of way need to be removed and there are
severe restrictions on this application.
— CASE NUMBER: 2004-XX
APPLICANT: Melody Homes/DR Horton
PLANNER: Monica Mika •
LEGAL DESCRIPTION: A tract of land located in the NE &SE Quarter of the Section 33, T3N,
R68W of the 6th P.M., Weld County, Colorado.
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 188 +/- total acres designated for potential
Residential, Regional Park, School Site, and Neighborhood Center
Development with a proposed population density of 3000 residents.
LOCATION: West of and adjacent to CR 7 between CR 26 and CR 28; east of and
adjacent to CR 7; north of and adjacent to CR 26
Monica Mika, Department of Planning Services presented Case 2004-XX, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application.
John Folsom quoted Section 26-1-30.C and Section 22-1-150.B.3 regarding submittal deadlines and
asked about the application submittal date of February 26, 2004, he suggested that the case should not
be heard until September and asked if Ms. Mika agreed?. Ms. Mika indicated she does not because the
spirit and intent of this section have been met because the applicants met with her in January and at the
same time she gave them a copy of the procedural guide that contained two dates. In her opinion these
two dates represented confusion. Therefore Ms. Mika directed them to adhere to the March 1 date. Ms.
Mika also gave the same date to another applicant applying for the same case. Mr. Morrison added the
purpose of the date was to keep the cases clustered instead of having them throughout the year. The
deadline date was not a reason to deny the application.
John Folsom continued with quotations from Section 22-1-150.B.4 regarding emergency services. Mr.
Folsom then quoted from the Sheriff's referral letter about them not being able to provide services unless
the resources recommended in the multi-year plan were obtained. Ms. Mika stated her interpretation is
the language from the referral is consistent with what is placed on most referrals indicating the Sheriffs
Office does not oppose development, but there ability to serve is always referenced in relationship
with further funding. Ms. Mika also noted that a HOA is included to ensure the future of a Law
Enforcement agency.
John Folsom quoted Section 22-1-150.B.5 and asked if the emergency service requirement has been
met? Ms. Mika indicated that a referral was sent to Dave Bresler, Ambulance Service, and he stated they
were not first responders, rather Tri Area Ambulance is the primary service provider.
John Folsom quoted Section 26-1-60.C.1.c MUD goals and policies and asked if the applicant has
petitioned the Town of Mead for annexation. Ms. Mika indicated the applicant has had discussions with
Mead but the County has not mandated they petition for inclusion since there is no longer an IGA and
furthermore the property is not nor has never been part of the Mead IGA. Ms. Mika stated that the
applicant has also spoken to Longmont.
John Folsom quoted Section 26-1-60.C.2.b and stated that Section 26-1-60.C.1.c would need to be
referenced. Mr. Folsom then went on to reference:
Section 26-1-60.C.3.c, Section 26-1-60.C.4.a, Section 26-1-6.C.4.b and Section 22-2-230 and asked if
those section have been addressed. Ms. Mika indicated that the applicant has agreed to participate in the
School Impact Fee but has declined to comment on the School Capacity Fee.
Ken Poncerelli, representative for Melody Homes, provided additional clarification on the inclusion into the
MUD. A PowerPoint presentation was given on the points for discussion for the approval of the
application. There are seven points to the discussion: 1. Site context and surrounding development as
well as the MUD plan, 2. Project intent, 3. Proactive approach in the process that has been taken,4.
Public Outreach with the adjacent land owners, 5. Community character and intent for the master plan
community, 6. Comprehensive Plan Compliance and 7. Benefits of the development. Mr. Poncerelli
added that the school district is looking at a 2007 construction date for the high school and those impact
fees will be paid for by the applicant. In the MUD area residential is planned for the adjoining area as well
as a neighborhood commercial. The intent is to develop a master plan for several different types of
homes in the area including single family attached and detached. Mr. Poncerelli added that several
County departments, as well as other agencies have been contacted with regards to possible implications
and improvements for the site. The applicant will be paying for improvements as they pertain to the
development. There has been no geological surveys done at this time, but the information will be
reviewed prior to preliminary plat. The surrounding municipalities were contacted and the reason for not
proceeding through the Town of Mead was due to contractual obligations. The process in Mead is
uncertain, the entire process can be completed and then a vote by the public could deny the application
without opportunity to mitigate any concerns. This application is not within an Urban Growth Boundary,
IGA or contiguous for annexation into the Town of Mead. One third of the existing property is within the
MUD and Mead is unable to provide services to this area. There has been several meetings with
surrounding land owners to provided information and several topics were discussed. The applicants
believe this application is in compliance with the Comprehensive Plan. Growth should pay for itself. The
applicants will pay the school district, roadways, utility lines to the area, parks and open space. The open
space, trails and parks will be HOA maintained.
John Folsom asked about the negotiations for the sale of the Mountain View Fire District property? Mr.
Poncerelli indicated he is not aware of this. Mr. Folsom asked about a traffic impact report on CR 1 and
CR 20%with regard to revenue versus expenses? Mr. Poncerelli stated that a report has not been asked
for and nothing has been prepared but infrastructure costs have been evaluated.
James Rohn asked about the size of the lots. Mr. Poncerelli stated they will be less than 1/2 acre sites, at
this time a subdivision design has not been done. Mr. Rohn asked if a church could be in place of the
school. Mr. Poncerelli stated that it would be a consideration. Mr. Rohn asked if a HOA would be
maintaining the property. Mr. Poncerelli indicated there would be a HOA and they would be responsible
for maintenance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Heard, Mead Trustee, indicated concerns with the proposal. Mike Friesen, Mead Town
Administrator was also present. Mr. Heard added that Centex Homes, the other proposed MUD inclusion,
was annexed into the Town of Mead, as well as the High School site. Of political concerns is the IGA, at
present time, there is not an IGA with Weld County, however that agreement is very close. There are
several different ways to interpret when the application should have been applied and which process is
should have gone through either Mead versus Weld County. As stated by Mr. Heard his opinion is that
this application should have to come to Mead for annexation. A comment was made that the applicant
had spoken with Mead in an informal 30 minutes conversation and he does not seriously considered this
as coming to Mead. Mr. Heard feels that this plan should be submitted to Mead and the applicant is
utilizing a loop hole because of a lapse in IGA and it is unfair. There is a possible annexation problem but
education of the voters needs to be done. Centex was successful and they are located to the north of this
site. The health safety and welfare for the residents of the County and Mead can be properly addressed
through Mead. The library district and Mead is doing a joint venture at the proposed new high school.
Mike Friesen, Mead Administrator, indicated that"the Town of Mead can only reply to that which we have
received in terms of material." Mead believes the petitioner is painting a picture that is not reality. The
text indicates the property is unuseable unless they get into the MUD, Mead totally disagrees. The Sketch
Plan that Mead received did not show employment or regional centers as is suggested now. The
information also indicates a Public Works expansion project and Mead has not received anything
concerning this. The 1-25 parallel issues is a County issue not CDOT. The library is doing studies and
have not determined where they are putting any branches. Mr. Friesen indicated that"the Town of Mead
is still waiting for now almost nine months for and IGA from the County in order to be able to implement it."
The 1-25 Parallel Study is the only thing that has been done, an IGA is needed in order to implement. The
applicants have ignored the existence of the Town of Mead in their replies and presentation. Mead has
annexed the High School site, Frederickson Farm and CR 7 in front of the property, thus giving them
contiguity. Mead is not willing to provide services to the site because it is not within the town. Mead
stated that HOA's do not maintain parks and trails well and the County will not be doing the maintenance.
Mr. Friesen stated"in my 25 years of experience I have never seen an HOA successfully manage a site
this large, maintenance of parks, doing snow plowing and requiring HOA assessments or homeowners to
do this. This project clearly belongs in a municipality." Mr. Friesen continued with the argument that the
petition was not submitted in a timely manner for this hearing therefor this hearing was improper and
should not be heard. According to Mr. Friesen this application should come to the Town of Mead and
would be halfway through the process before they are finished at the County.
Chad Auer asked how this proposed development would fit into the Comprehensive Plan for the Town of
Mead? Mr. Friesen stated this is compatible with Mead because once the high school site is developed
the area will become residential. There is no ability to have commercial in the area and there is the
question of density and housing mixes in the right spot. Mr. Heard added that part of the Centex
development contains another site for elementary school. The Comprehensive Plan contains school
mitigation fees to assist in the development of schools in the area. The welfare of the residents and the
impact on the schools in Mead is a huge issue.
John Folsom asked if the IGA between Mead and the County was in effect at the time of the submittal.
Mr. Friesen stated it has expired in June 2002 but it was not considered expired until after the Board of
County Commissioners voted not to continue the amendment on March 1. Mr. Folsom stated that the IGA
was not in effect at the time of the application but it was treated as such therefor the applicant should have
petitioned Mead for annexation.
Lee Morrison and Mr. Folsom discussed the relevancy and interpretation of when the IGA in fact expired
as to the submission date of the application. Ms. Mika indicated a letter was received on February 26,
2004 and reiterated that the site was not in the Mead IGA boundary. Mr. Morrison commented (inaudible)
Mr. Folsom added (inaudible) •
John Folsom asked if Centex is partially paying for the paving of CR 7 south of Hwy 66 and also the
school district mitigation. Mr. Heard stated they are paying school fees as well as putting land aside for
the school site. CR 7 was paved my Centex south to the school site. Mr. Heard stated that as part of the
agreement was that Mead took CR 7 all the way down to the high school. Mr. Folsom asked if the Centex
site and the High School will be serviced by the Mead sewer system? Mr. Heard indicated it would not,
the Town of Mead contracts with St. Vrain Sanitation District. If Mead was to provide services a pump
station would be needed.
Bryant Gimlin asked if Mead could provide services such as water, sewer, police and fire protection to this
location? Mr. Heard stated that the water, depending on the location,will be provided by Long Peak. The
St. Vrain Sanitation District provides sewer, Law Enforcement is contracted with Weld County but Mead
pays for more services and the Fire District is with Mountain View Fire District. Mike Friesen added that
"all around here there are different combinations of units of government that are providing different kinds
of services, you are not going to find one entity that is going to provide everything, but the issue is can
there be services, yes there can. What does the Town of Mead do that is unique into itself? It provides
parks and recreation services, senior programs, other kinds of social services and obviously public works.
A subdivision here is not going to get plowed for snow by the County Public Works Department, they don't
do that. A municipality does provide that level of service and as the tax base grows I'm anticipating that
our social services will grow too. That is what a municipality does." The health and criminal system will
still be done by the County. The Town of Mead believes that it is better for the residents, of a
subdivisions, quality of life to be in a municipality.
James Rohn asked about the Sheriff's Department and if there are deputies stationed in Mead. Mr. Heard
indicated there were not, the contract is for additional hours and the town pays for this.
Stephen Mokray asked how emergencies are covered? Mr. Heard stated it was considered mutual aid.
John Folsom referred to the City of Dacono referral and quoted a section of that letter regarding the MUD
area, and it being a tool to counter the planning effort of the municipalities. Mr. Heard agrees with this
concern. Any comprehensive or corridor plan needs revisions by the time of final approval. The MUD
along with the Town of Mead are not helping each other. This is a MUD not an IGA issue, if there was an
IGA this application would be coming through the Town of Mead. Mr. Heard added that the moral side to
this application is it should come to Mead. The financial aspect is the reason for the applicant to proceed
in the Country process. Mr. Heard would like the Planning Commission to not expand the MUD and send
this application to the Town of Mead for their annexation process.
Stephen Mokray(inaudible) Mr. Heard stated that the best way would be for the Planning Commission to
recommend denial or accept the submittal dates were untimely. Centex utilized the County as a Plan B
incase the Town of Mead did not annex.
James Rohn asked if the Town of Mead would be willing to annex this development once it gets built? Mr.
Friesen stated it would be almost impossible, all 1200 homeowners would have to agree to the
annexation. Mr. Heard added that Mead charges more impact fees then the County, have a regional park
and provide open fishing for free. There are services in the Town. The impact fees would be hard to
obtain once they are already in the County and developed.
John Folsom asked if Mead was the only municipality in the St. Vrain School District that has mitigation
fee. Mr. Heard added that was correct.
James Rohn asked Mr. Friesen about a letter he drafted stating the density was to high. Mr. Friesen
stated that the Frederickson Farms annexation has a density of 3 dwelling units (DU)to the acre, this
application is for 4 DU per acres. Mr. Rohn asked about a MUD and the ability to provide urban type
services. Mr. Friesen indicated that it has not been taken care of. The definition in Mead of what
constitutes urban services is not the same as the County definition. The County is looking at this as the
bare basic infrastructure of water, sewer and roads. Mead is looking at a full service municipality that has
to look at the social equation. Mr. Heard added that all the homeowners will be utilizing Meads services.
Michael Miller asked Mr. Morrison how they contract with the County to get more service. Mr. Morrison
stated that Mead pays for coverage above what the ordinary unincorporated area of coverage is. A Law
Enforcement Agency works the same way instead of coming out of general fund it creates additional
revenue. Mr. Miller stated that there is no net savings to the County if this were to be annexed? Mr.
Morrison stated that there would not be from Law Enforcement standpoint. The County provides the jail
which is huge cost to the County. The contracts are not for the purpose of providing base service they are
additional service.
James Rohn asked what the population of Mead was? Mr. Heard stated 2200-2300 with a projected 2500
homes to be built. There is a police department plan on line but the town obtains better police service
when contracted with the County. Mr. Rohn pointed that the Town of Ault has a force. Mr. Heard stated
that in order to purchase a force it would take the close to one third of the entire budget.
Monica Mika asked when the high school annexation was recorded. Mr. Friesen stated that both the High
School and the Frederickson annexation have been recorded within the last three weeks which would
have been approximately the last week in April to the middle of May.
Frank Gemaldi, citizen, indicated concerns with the proposal. The Comprehensive Plans states that the
MUD will accommodate the development of land outside municipalities as long as the infrastructure is
capable of handling the intensity of development. There is a problem with ingress and egress for the
residents of the project. CR 7 has been annexed and is designated as a two lane collector street. The
question is how are the projected number of residents to enter and exit on a two lane collector? The
applicant needs to provide better access through the existing roadways. Mr. Gemaldi referred to CRS 31-
23-212 referring to territorial jurisdiction over the subdivision of land including all land located within the
legal boundaries of the municipality and also includes all land lying within three miles of the municipality
not located in any other municipality. Mr. Gemaldi pointed out that this referred to"jurisdiction" not
"referral". Mead is adjacent to this site because of the High School. According to Mr. Gemaldi there is a
County policy that Mead has jurisdiction of a site if it is within a %mile of sewer line. Once the Centex and
High School are connected to St. Vrain Sanitation this places this project within the 1/2 mile status. The
applicant does not want to go through Mead because of money. There is merit in making a profit but not
at the expense of the school system. Mead has impact fees for storm drainage, transportation,
undeveloped open space, parks, police, recreation center, municipal facilities and capitol equipment. The
school system will be over burdened, and this does not meet the criteria to expand the MUD. The
applicant should go through the Town of Mead.
Monica Mika added that the interpretation of CRS 31-23-212 is different. This application is not a
subdivision of land rather this is an inclusion into the Comprehensive Plan. The County does recognize
that any subdivision within three miles of a municipality is given the opportunity to comment and the Town
of Mead was sent a referral. Mr. Gemaldi added that another concern brought forward was whether this
was in Mead Sanitary Sewer. In answer to what is an urban area, Ms. Mika stated the Comprehensive
Plan indicates that"until an IGA is in place the UGB will be defined as 1/2 mile from existing public sanitary
sewer facilities." It does not allow an UGB to be determined based upon the possibility that where the
•
• sewer may be in the future. The Weld County Attorneys office supplied a map to Mead defining the
sanitary sewer lines and asked for comment or corrections. The County has received nothing to date,
therefor this is the map the County is utilizing. According to the above mentioned map the proposed site
is 1 %3 miles outside the boundary. Ms. Mika stated that Urban Growth is defined either through an IGA or
by development that exists within the MUD. This is defined as urban density development.
Frank Gemaldi asked Ms. Mika about the statement that Planning Commission is not approving a
subdivision and therefor the three miles has nothing to do with this, does this mean that Melody Homes
will be required to go through Mead when a subdivision is submitted. Ms. Mika stated the interpretation
was this application deals with referral within the three mile status. There is a three step process and
today this is for the inclusion into the MUD area. There are two remaining processes for land division,
today's application is to modify the structural land use map.
Frank Gemaldi would like to ask the applicant how they intend to address the statement that the
infrastructure is capable of handling the intensity of the development?
John Heard stated that the MUD map actually has large parts of the Town of Mead that are on septic
systems and are still included as part of the Town. The 1/2 mile sanitary sewer boundary is Weld County's
interpretation of what is included and what is not. Mr. Miller stated that the intent is that you have to show
you are within % mile of public sewer, septic systems are not public sewer. Mr. Heard stated that the
bigger picture is this development abuts Mead. Mr. Miller(inaudible)
James Rohn asked Mr. Schei about CR 7 and the fact it dead ends with no direct connection to Hwy 119
from this site. Mr. Schei stated that there are future plans for CR 7 to be an arterial roadway. The intent is
to take CR 7 to CR 26 then down to Hwy 119. Mr. Schei added that there are no plans to connect CR 7 to
Hwy 119. The applicant is willing to pave the area of CR 7 that affects this development. The applicant is
willing to work with the County for a bridge for alignment. Mr. Rohn asked if all residents would have to go
to Hwy 66? Mr. Schei stated a traffic study would need to be done to gain a positive perspective. Public
Works does not believe that not having south connectivity would be impeding to this development. Mr.
Schei stated that if a development comes in in phases it will be reviewed as to traffic count.
The Chair closed the public portion of the meeting.
Ken Poncerelli, addressed the comments and concerns brought forth by the public. With regards to
contiguity the high school was not annexed when Melody homes began this process. The Centex
application was originally denied, the process in Mead does not allow an outcome that is fair. The
applicant can agree to things and at the end of the process have nothing. The applicant made a business
decision based on the client choice to go through the County. 1/3 of the site was already included in the
MUD. The density is based on the comments and the MUD language, the question is rather that will be
achieved or not at the end phase. There are several variable factors that will play into the final density
numbers. This application will have no regional commercial employment centers, this will only be a mixed
residential development. The sanitary sewer is not a contract with Mead it will be owned and operated by
St. Vrain Sanitation District and Longs Peak Water District. Melody Homes will pay the fees that are
needed to make sure there is Law Enforcement in the area. The initial traffic study indicated that currently
65% in area heads south on CR 5 '// to get to Hwy 119, 35% goes north on CR 7. The applicant will pay
their share of improvements to roadway improvements. David Andrews, representative Melody Homes,
proviced additional information on infrastructure. The discussions are preliminary and the development
would responsible for half of the roadway that they affect. The applicant has no concern with paving two
lanes of the road to help alleviate any of the traffic that this development causes. The applicant is willing
to help in the mitigation of any road that they impact. The school impact fees are not a problem, $2700
dollars a household is fine with the applicant. The HOA will be able to maintain the internal parks, the
track record has been established through past developments.
Doug Ochsner asked about the $7000 dollars impact if in Town of Mead per home? Mr. Poncerelli
indicated that the services are being paid for such as the sewer and Law Enforcement. An impact fee is
not being paid to the Town of Mead.
John Folsom asked if the residents would be using the Longmont recreation facility or the library. Mr.
Poncerelli stated that the recreation center requires a fee to be a member. The intention is to have pool
and parks in the development. Homes need to have amenities in order to attract clients. Mr. Folsom
commented (inaudible) Mr. Folsom asked about contiguity and if the applicant ever considered flagpole.
Mr. Poncerelli stated that it was not considered, it was a business decision based on the stability and
certainty of the County process. There is no certainty of fairness because the application goes to public
vote.
James Rohn asked Ms. Mika about the density being 4 du per acre and is that not one of the most dense
projects that has been heard in'the county. Ms. Mika stated that this is not, the MUD has been
established to propose 4 du per acre.
Michael Miller asked about the amendment to the land area of the map. Ms. Mika stated it was an
appendix from the Comprehensive Plan. The changes consist of updating the MUD map and scaled out
the existing developments. The numbers were changed to accommodate and have been included in the
staff comments.
Stephen Mokray moved to accept the proposed changes from staff. Bryant Gimlin seconded. Motion
carried.
Bruce Fitzgerald commented that the MUD was created years ago because there was no municipalities
that would take the developments on. It was identified as a growth area, Mead should have a chance at
annexation.
James Rohn commented that Mead should have a chance for annexation also with the condition that
Mead acquire a police force outside the Weld County Sheriff.
John Folsom commented the reason for the creation of the MUD is questionable. Neighboring
municipalities are capable of overseeing urban growth in the MUD are with recommendations of the state
statute. The County is permitting expansion of the MUD irresponsibly relies on municipalities and special
districts to provide the many services which the County is not prepared to provide. Mr. Folsom would
recommend denial based on the following sections:
22-1-150.9 A& B
26-1-60.C.1.c
22-1-150.B.3
22-1-150 B.4.b
Doug Ochsner commented that he sees the contiguity in the application. It is adjacent to the current
subdivision and they have met every criteria in the code. To be required to go to Mead would not be fair
when it fits in the area.
Chad Auer commented the impact is on the Town of Mead, should be heard by Town of Mead.
Stephen Mokray commented they will have an impact on the Town of Mead. The applicant is responsible
for abiding by the guidelines of the County because the application is being processed in the County.
Bryant Gimlin commented this application is not a direct debate on rather it be County or Mead. Mead is
really not offering Melody any benefit to be in the town, the water, sewer and fire protection stay the same
either way. When Melody began this process there was no contiguity. The issue is, the application should
allow the inclusion, and it is a good application.
Doug Ochsner added that it will affect the Town of Mead and that affect will be positive. The sales tax
from these residences will go to Mead.
Michael Miller commented that the entire area is under consideration not just this application. The MUD
area is turning into a city of itself. The applicant has met the standards for the inclusion. There will be
impacts on everyone in the area.
Monica Mika indicated the calculations update the existing map, the applicant is requesting that the
regional/commercial employment center be removed from the description.
Stephen Mokray moved to approve staff changes. Bryant Gimlin seconded. Motion carried
Stephen Mokray moved that Case 2004-XX, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Tonya Strobel 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; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, no;Tonya
Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald, no; Chad Auer, no. Motion carried.
John Folsom commented that his vote is based on the Comprehensive Plan needing revisions,the
application submittal date with regards to the IGA and emergency services not being provided. It has not
been demonstrated that public cost will not exceed revenues.
Michael Miller indicated that there was an issue to address for Other Business. The Hearing Room at the
South Weld County Offices are in adequate to conduct hearings. The air conditioning and acoustics are
terrible. He would suggest not having another meeting here until the concerns can be rectified.
Meeting adjourned at 8:00pm
Res ectfully submitted
Voneen Macklin
Secretary
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