HomeMy WebLinkAbout20031497.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant WCR#1 Coalition Inclusion into the MUD Case Number CC2002 XX
Submitted or Prepared
Prior to Al Hearing
Hearing
1 Staff Comments X
Letter to Applicant X
Field Check(s) X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
3 Referral List X
Referrals without comment X
Colorado Division of Wildlife, referral received 5/17/02. X
4 Referrals with comments X
City of Longmont Council Communication dated 6/4/02. X
City of Longmont, referral received 6/6/02. X
Weld County Department of Public Works, referral received 5/31/02. X
St Vrain Valley School District, referral received 5/28/02. X
Mountain View Fire Protection District referral received 5-28-2002 X
Union Reservoir/Wm. Southard,Attorney. Fax received 6/17/02 2:41 X
Weld County Attorneys Office/DPS email exchange dated 6/11/02-6/12/02 X
"Request for Inclusion In Service Boundary"dated June 12,2002 X
5 PC Exhibits X
6 Planning Commission Resolution
I hereby certify that the -f items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
2003-1497
it
0 COMPREHECHAPTERS 22 & 26,WELD COUNTY CODE
NSI APLAN& ED U S#2 1 VEOP AMENDMENT PLAN
STRUCTURAL LAND USE
COLORADO
SUMMARY SHEET
Case Number: CC 2002-XX Hearing Date: June 18, 2002
Applicants: WCR#1 Coalition Planner: Robert Anderson
Address: c/o Don Leffler, Design Development Consultants
2627 Redwing Road, Suite 350 Fort Collins, Colorado 80525
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 387 +/- total acres
designated for potential Residential,Regional Commercial,Employment Center,Regional
Park, School Site, and Neighborhood Center Development.
Legal Part of the West half of Section 31,Township 3 North Range 68 West and Part of the
Description Northwest Quarter of Section 6,Township 2 North, Range 68 West of the 6th P.M., Weld
County, CO
Locations: South of and adjacent to Weld County Road 28,North of an adjacent to Weld County Road
26, East of and adjacent to Weld County Road 1.
Parcel#s: 120731000062, 120731000063, 120731000058, 120731000066, 120731200064,
120731000002, 120731200068, 120731000004, 127031000061, 127031000060,
120731000050, 120731000055, 120731000007, 120731000006, 131306000054.
Parcel Size: Approximately 387+/-acres in the 15 parcels described above.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
There are two criteria for review of this amendment to Chapters 22 and 26 Map#2.1: Structural Land Use
Map. The first criteria is found in Section 26-1-30(MUD Plan). The second criteria is found in Section 22-
1-50 (Comprehensive Plan).
The Department of Planning Services' staff has received responses from the following agencies:
• Department of Public Works, referral response received 5/31/02.
• Mountain View Fire Protection District,referral response received 5/13/02.
• St Vrain Valley School District, referral response received 5/28/02.
• Colorado Division of Wildlife,referral response received 5/17/02.
• City of Longmont, Colorado,referral response received 6/6/02.
• Department of Public Health and Environment,no referral response received
• Weld County Sheriffs Office,no referral response received
PRELIMINARY
WCR#1 Coalition, Amend MUD 1
CHAPTERS 22 & 26,WELD COUNTY CODE
COMPREHENSIVE PLAN& MIXED USE DEVELOPMENT PLAN
STRUCTURAL LAND USE MAP#2.1 AMENDMENT
ADMINISTRATIVE REVIEW
Case Number: CC 2002-XX Hearing Date: June 18, 2002
Applicants: WCR#1 Coalition Planner: Robert Anderson
Address: c/o Don Leffler, Design Development Consultants
2627 Redwing Road, Suite 350 Fort Collins, Colorado 80525
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 387 +/- total acres
designated for potential Residential,Regional Commercial,Employment Center,Regional
Park, School Site, and Neighborhood Center Development.
Legal Part of the West half of Section 31,Township 3 North Range 68 West and Part of the
Description Northwest Quarter of Section 6,Township 2 North, Range 68 West of the 6th P.M., Weld
County, CO
Locations: South of and adjacent to Weld County Road 28,North of an adjacent to Weld County Road
26, East of and adjacent to Weld County Road 1.
Parcel#s: 120731000062, 120731000063, 120731000058, 120731000066, 120731200064,
120731000002, 120731200068, 120731000004, 127031000061, 127031000060,
120731000050, 120731000055, 120731000007, 120731000006, 131306000054.
Parcel Size: Approximately 387+/-acres in the 15 parcels described above.
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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."
PRELIMINARY
WCR#1 Coalition, Amend MUD 2
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 the requirements of 22-1-50.B. A minimum of eleven (11) copies of the
application were submitted on April 1,2002 and the applicant has paid the cost of legal publication
and application fees.
22-1-50.B.3.a "A statement describing why the comprehensive plan is in need of revision. "
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 all of the applicants proposed area by St.Vrain Sanitation District is in question and the
issue of adequate infrastructure is in negotiations at the time of this review.
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."
When developing the MUD Plan,a ratio of employment centers,residential areas,parks and transit
centers does not appear to be planned in correlation to the total planned area. The applicants have
examined this mixture of uses and have attempted to proposed a similar mixture, but have not
maintained the intent of the MUD Area. The proposed inclusion into the MUD appears to be in
direct conflict with existing and future goals,policies and needs of the County as well as with many
aspects of the proposed Longmont Intergovernmental Agreement(IGA). The application is in close
proximity to the City of Longmont and existing and future goals, policies and needs of the County
encourage annexation of such intense residential/urban scale use.
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 to the north and west of
the proposal are predominantly agricultural in nature with associated rural residences.The municipal
boundary of the City of Longmont and property owned by the city constitute the bulk of the southern
boundary of the application area, Union Reservoir and parcels owned by the City of Longmont make
up the Eastern boundary.
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 I-25 MUD area and urban development nodes."
This submission is located within the proposed Intergovernmental Agreement/Urban Growth
Boundary for the City of Longmont.
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
WCR#1 Coalition, Amend MUD 3
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." It is the opinion of the Department of
Planning Services based on referral agency comments that the applicant has not adequately
demonstrated or resolved issues surrounding the provision of sanitary sewer. The applicant in their
application materials state they are "in the process of submitting a 208 application to the St Vrain
Sewer District"which may be in conflict with the City of Longmont's 208 application.
22-1-50.5 The following procedures to amending the I-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."
It is the opinion of the Department of Planning Services, as well as the City of Longmont, that the
applicant has not demonstrated that the proposed amendment is adjacent or contiguous to the
existing I-25 MUD Area. A parcel of land owned fee simple by the Union Reservoir Company,
which is not a party to this application, on the northern perimeter of the parcel owned by Clover
Industrial LLC(13 13 06 000 054)separates the remaining parcels included in the application. WCR
1 is on the eastern boundary of the application area. Per Chapter 22 of the Weld County Code, as
interpreted by the Department of Planning Services,adjacent and contiguous is used to differentiate
inclusion into the MUD from annexation statutes, therefore WCR1 cannot be used to establish
contiguity and The Union Reservoir Parcel to the South and Union Reservoir to the east preclude
"adjacent-ness". Union reservoir is not a party to the application and the MUD does not exist to
north of the applicants proposal.
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 provided documentation of coordination with personnel representing the Little
Thompson Water District, St Vrain Valley Water and School District and the Mountain View Fire
Protection District but has provided no evidence of discussions with the City of Longmont. The St.
Vrain School District and City of Longmont oppose the inclusion of this area into the Mixed Use
Development Area.
The City of Longmont has expressed the following concerns regarding the proposed inclusion into
the MUD: 1)incompatibility with the Longmont Area Comprehensive Plan, Annexation potential,
2) inconsistency with the pending Intergovernmental Agreement with Weld County, 3) Union
Reservoir and its future expansion,4)water and waste water service, 5)parks,open space and trail
linkages, 6) transportation and 7) contiguity to the existing MUD. (City of Longmont).
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. "
WCR#1 Coalition, Amend MUD 4
The Application materials indicate approximately 356 students will reside, 539 Residential units
will be constructed and 852 potential jobs will be created within the proposed amendment
boundaries. The applicants has not adequately addressed the cultural and social services needs of
said population.
The Weld County Department of Public Works, in their referral response dated May 29, 2002,
stated:
"In a letter dated April29,2002,Eugene G.Cappola,P.E.,made preliminary estimates of the traffic
that will be generated from the proposed development of the properties to be included into the MUD.
Based on the proposed land uses, the total daily trips are estimated to be 12,587. Mr. Cappola's
preliminary traffic studies do not provide information on the impact to the roadway systems that
serve the area.
The increased traffic will have significant impact. Weld County Road(WCR) 1 is identified as an
arterial roadway and will require significant improvements. hi an effort to plan for future needs,
Weld County and The City of Longmont has hired a consulting engineer to perform preliminary
designs for a five lane arterial on WCR 1. State Highways 119 and 66 will be impacted. The levels
of service at intersections with the State Highways and WCR 1 will be reduced unless there are
major modifications. Also, the local roadways, such as WCR 24, 9th Ave. and 17th Ave. will be
impacted. Improvements to these roadways may include additional lanes,turning lanes, shoulders,
bike lanes, sidewalks, curb and gutters, medians and traffic signals. Construction of these
improvements will require the relocation of utilities and the acquisition of easements and rights-of-
way.
In the application materials,under the section titled Roads,the second to last sentence reads,"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 that 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.
The Public Works Department has no objections to including these properties into the Mixed Use
Development Area. (Department of Public Works)
The St. Vrain Valley School District in their referral response dated May 23, 2002 did not support
the applicants proposal and stated:
"The District is opposed to the approval of this application due to this developments impact
on already crowded school facilities. Should the County decide to recommend approval of this
development proposal,the School District's cash-in-lieu and/or land dedication requirements would
still need to be satisfied." (St. Vrain Valley School District)
Should the Planning Commission approve this request for inclusion to the MUD the Department of Planning
Services'staff recommends the following Conditions of Approval and Development Standards:
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
WCR#1 Coalition, Amend MUD 5
evidence of compliance with the Department of Public Works referral dated May 29,2002
including 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.
(Department of Planning Services)
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 May
23, 2002. Evidence or acknowledgment of such shall be provided to the Department of
Planning Services. (Department of Planning Services)
3. The applicant shall attempt to address the Mountain View Fire Protection District's referral
request of May 9, 2002. "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. (Department of Planning Services)
4. The applicant shall attempt to address the concerns outlined in the City of Longmont's
referral dated June 6, 2002. Evidence or acknowledgment of such shall be provided to the
Department of Planning Services. (Department of Planning Services)
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.
WCR#1 Coalition, Amend MUD 6
Table 22.4
Land Use Plan Distribution
Land Use/Intensity Acres % Total Remarks
Area
Employment Center — 2,748 19 % 3+ million total square feet of floor space
High Intensity 2,748 0 18 %
Regional Commercial— 43=7 3 % 474 minion total square feet of floor space
Medium Intensity 437 0
Neighborhood Center— +95 47% 8&-8 million total square feet of floor space
Low Intensity 195 0
Residential — 6,263 +320 43 % Maximum population: S9,076 people and
Mixed Intensity 6,583 44% approximately 23,651 dwelling units
Limiting Site Factors— 472+5 28 % All areas delineated are within the 100-year
Lowest Intensity floodplain or have elements that obstruct or are
0 hazardous to certain types of development
Regional Park 852 +67 6-% Areas delineated as open space
919
TOTAL 14,710 100%
15,097
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.
WCR#1 Coalition, Amend MUD 7
CASE NUMBER: CC2O02-XX
APPLICANT: WCR #1 Coalition
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Pt of the W2 of Section 31, T3N,
R68W and NW4 of Section 6,T2N, R68, of the 6th P.M.,
Weld County, Colorado.
REQUEST: Petition for inclusion into the Mixed Use
development area of unincorporated Weld County, Change
to Chapter 22 and Chapter 26.
LOCATION: South of and adjacent to CR 28; north of and
adjacent to CR 26;west of and adjacent to CR 1.
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Att;
MEMORANDUM
COLORADO
DATE: August 20, 2002
TO: WELD COUNTY PLANNING COMMISSION
FROM: Robert Anderson
SUBJ: Request for Continuance, County Code CC2002-XX, Weld County
Road One (WCR #1) Petition of Inclusion into the MUD and
Amendment to Map #2.1: Structural Land Use Plan/Comprehensive
Plan (Chapter 22)and the Mixed Use Development Plan (Chapter 26)
of the Weld County Code.
LEGAL Part of the West Half of Section 31, Township 3 North and part of
DESCRIPTION: the Northwest Quarter of Section 6, Township 2 North, Range 68
West of the 6th Prime Meridian, Weld County, Colorado.
Dear Commissioners:
The Department of Planning Services recommends that the Weld County Planning
Commission grant a date specific continuance to the hearing scheduled for November 19,
2002.
ROM : DESIGN/LEND COMPANIES OF COLO PHONE NO. : 970 282 7123 Aug. 19 2002 02:20PM P2
Design Development Consultants
DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY
August 19, 2002
Robert Anderson,Planner III
Weld County Planning Department
1555 North 17th Avenue
Greeley, Colorado 80631
RE: Request to Continue Hearing on Weld County Road#1 Coalition Inclusion to the
MUD.
Dear Robert,
On behalf of our clients and in pursuit to address all of the issues for inclusion into the
MUD, we are formally requesting the continuation of the public hearing of the
application for inclusion into the MUD. We feel that the issue of the 208 application for
sewer service needs to be resolved prior to moving forward with the application.
Additionally,our efforts with working out a resolution with the City of Longmont are just
in the beginning stages of negotiations. We feel that in the efforts of being a good
neighbor to Longmont we need to work with them in trying to resolve outstanding issues.
Therefore it is with this request that we ask the Weld County Planning Commission to
continue this hearing until such time that the above issues are resolved. The period of
time is estimated to be 60-90 days for resolution. Thank you in advance for your
consideration pertaining to this issue.
Sincerely,
Design Development Consultants
Do d D. Leffler
2627 Redwing Road Suite 350 Port Collins,Colorado 80525 (970)266-0585 Fax(970)282-7123
MEMORANDUM
COLORADO
DATE: June 13, 2002
TO: WELD COUNTY PLANNING COMMISSION
FROM: Robert Anderson
SUBJ: SPECIAL MAILING - Request for Continuance, County Code CC2002-XX,
Weld County Road One (WCR1) Coalition for Petition into the MUD.
Dear Commissioners,
Attached, please find the Department of Planning Services Comments and complete application
package for County Code CC 2002-XX which the DPS previously, in the memo included in your
regular packets, requested an indefinite continuance.
After discussions with the Assistant County Attorney, the DPS is sending a SPECIAL MAILING
and will be requesting a date specific continuance for July 2, 2002 rather than an indefinite
continuance. I will make this request at the hearing with the appropriate rationale.
Please do not recycle or discard the attached package, but retain it for the July 2, 2002 hearing,
or if you prefer I will hold it for you if you bring it to me on Tuesday June 18th 2002.
MEMORANDUM
COLORADO
DATE: June 4, 2002
TO: WELD COUNTY PLANNING COMMISSION
FROM: Robert Anderson
SUBJ: Request for Continuance, County Code CC2002-XX, Weld County
Road One (WCR #1) Petition of Inclusion into the MUD and
Amendment to Map #2.1: Structural Land Use Plan/Comprehensive
Plan (Chapter 22)and the Mixed Use Development Plan (Chapter26)
of the Weld County Code.
LEGAL Part of the West Half of Section 31, Township 3 North and part of
DESCRIPTION: the Northwest Quarter of Section 6, Township 2 North, Range 68
West of the 6th Prime Meridian, Weld County, Colorado.
Dear Commissioners:
The Department of Planning Services recommends that the Weld County Planning
Commission grant an indefinite continuance to the hearing scheduled for June 18, 2002.
1,\9t6tsi \
rs
' DEPARTMENT OF PLANNING SERVICES
IE`D C PHONE (970)353-6100,AX (97 EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
May 2, 2002
Don Leffler
Design Development Consultants
2627 Redwing Road, Suite 350
Fort Collins, CO 80526
Subject: CC2002-XX- Request 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 to include 387 +/- acres into the
MUD area) on a parcel of land described as part of the W2 of Section 31, T3N, R68W and part
of the NW4 of Section 6, T2N, R68W of the 6th P.M., Weld County, Colorado of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have
scheduled a meeting with the Weld County Planning Commission for June 18, 2002, at 1:30 p.m. This
meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley,
Colorado. It is recommended that you and/or a representative be in attendance to answer any questions
the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of
the property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore,our office has forwarded a copy of the submitted materials to the Longmont Planning Commission
for their review and comments. Please call Longmont at (303) 651-8330 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance
at the Longmont Planning Commission meeting to answer any questions the Commission members may
have with respect to your application.
The Department of Planning Services'staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before
the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'
office before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Robert Anderson
Planner
FIELD CHECK
CASE NUMBER: CC2002-XX DATE OF INSPECTION: O/O
APPLICANTS NAME: WCR#1 Coalition
PLANNER: Robert Anderson
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 to include 387 +/_acres into the MUD area).
LEGAL DESCRIPTION: Part of the W2 of Section 31,T3N, R68W and part of the NW4 of Section 6, T2N,
R68W of the 6th P.M., Weld County, Colorado of the 6th P.M., Weld County,
Colorado.
LOCATION: South and adjacent to WCR 28; north and adjacent to WCR 26;west and adjacent to WCR
1.
LAND USE:
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