HomeMy WebLinkAbout20011150.tiff rmca Ca COLORADO RetyyMDZEOCIEVgfATE ASSOCIATION
April 13, 2001
..2C11 XO7 17 PI 9' b
REC:E .'IT) Weld County Planning Dept.
APR 1 6 20N
RECEIVED
To: Ann Bess Johnson
From: Paul Schauer
Subject: Attached Letters Re: Ordinance Revision
There six copies of the letter I have prepared to the Weld County Commissioners. If you
would be as kind as to distribute them to the Board it would be greatly appreciated. If you
need any additional copies or other information please let me know.
Thank you for your cooperation.
4 EXHIBIT
oxit,Orj tor*,-1.-
6880 SOUTH YOSEMITE CT. *150 • I NGI.EWOOD, CO 80112
NIIONI!: 303-290-0304 • FAA_ 404-2908008
crmca COLORADO READY MIXED CONCRETE:ASSOCIATION
April 13, 2001
Board of County Commissioners
Weld County Colorado
915 10th Street
Greeley, CO 80631
Dear Commissioners,
Reference: Proposed Ordinance Revision to 23-4-290-1 Washout Facilities for Concrete
Batch Facilities.
The purpose of this letter is to express our objection to the addition of this proposed
ordinance to the Weld County code.
It appears to our association members, that the requirements of the ordinance are already
in existence through the Rules and Regulations of the Colorado Water Quality Control
Commission and the Federal Environmental Protection Agency. These regulations
require that there not be an impact on surface or ground water. Because regulations are
already in place to adequately protect water we think that the proposed ordinance is
unnecessary and only creates additional cost to the industry. Also, we find that the fact it
targets only concrete batch facilities unfair.
It is our request that you reject this specific ordinance as it is unnecessary in meeting
appropriate environmental safe guards.
Sincerely,
All,e0afd
Paul Schauer, Managing Director
6880 SOUTH YOSEMITE CT. #150 • ENGLEWOOD, CO 80112
PIIUNI7 i0i•290-0301 • FAX_ 303.290-8008
NOTES TO CAROL: Re -
Chapter 23, page 2, Definition of Double Frontage and Livestock, the graphic needs to go with Double
Frontage, not Livestock. The way the graphic is in the 3rd Resolution is confusing.
Chapter 23, page 4, definition of Non-Urban Scale Development, third line had a comma and a period ending
a sentence.
Section 23-2-160.W.6.c. Easement Certificates elsewhere are adding a line under the signature:
Printed/typed name
Section 23-2-730.G. page 8 make sure codifiers know to add the remainder of the section.
Section 23-4-100.D. #2 was deleted at 2nd reading. Renumbering is needed.
Section 24-7-20.A. Items 7, 8, 9 were deleted, so may I assume renumbering will occur?
Section 27-5-30.1. page 33 6th line, the word should be that, not than.
Section 27-6-120.6.3 add a period at the end of the sentence, please.
Section 27-6-120.B.6.h make sure codifiers know to add the remainder of the section.
EXHIBIT
Lp°l / .
Public Works:
Section 24-5-25 page 20 add a new last sentence:
The design criteria, as presented, are intended to aid in preparation of plans and specifications, and include
minimum standards where applicable. These design criteria are considered minimum and a complete design
will require more than is presented. As with any design criteria,the minimum standards may be determined to
be inappropriate or cannot be justified economically. In these cases, the Department of Public Works shall
work with the applicant in determining appropriate standards for site-specific applications.
Section 24-7-20.E add
,or studies or reports corn-Dieted-by the United States Department of Transportation, or by the Colorado
Department of Transportation.
Section 24-7-30.A add
This requirement is based upon recommendations of the Institute of Transportation Engineers, the Federal
highway Administratiorrand the United States Department of Transportation;
Clarification Effort:
Delete proposed 23-3-30 KM. and replace with the following:
23-3-30X 8 A TEMPORARY Accessory STRUCTURE shall not be allowed to become in a state of
disrepair. Such disrepair may include-a TEMPORARY Accessory STRUCTURE that is partially
or totally damaged by fire,earthquake;windror other natural causes, or is in a'state of general
dilapidation, deterioration or decay resultingµfrom improper lack of maintenance, vandalism or
infestation withemiin orrodents.Any suchTEMPORARY Accessory STRUCTURE shall be
restored to and ttnaintaine&irrthe original condition it was in at the time it was placed on the site
as established byathe original inspectionby the Building Inspection Department, or it shall be
removeditom site
Section 24-1-40 Definition of Public Purpose:
Public Purpose. Shall be defined as parks, playgrounds, trails, paths, and other recreational areas
and open spaces; scenic and historic sites. A Public Purpose may also include productive agricultural
lands; riparian areas and thauffers; wetlands and their buffers; conservation areas; buffer zones or
areas; scenic areas; view corridors; floodways and floodplains; groundwater resources and recharge
areas; historic, archaeological and cultural features; scenic viewsheds from public roads; wildlife
preserves; and conservation areas. Areas such as wetlands and their buffers, conservation areas,
buffer zones or areas; scenic areas;and view corridors are areas that may or may not allow public
access. These spaces shall serve a public purpose by providing for the protection of environmentally
sensitive lands, agricultural practices, and scenic areas or corridors.
Amend definitions in 24-1-40:
NOTE: SI IOULD TI IE DEFINITION OF Non-urban Scale Development and Urban scale development
change to be based upon nine (9) lots, all reference to five (5) lots shall also be changed throughout
the CODE, including the definition of Minor Subdivision and Sections 22-2-70, 22-2-80, 22-2-00, (urban
goals); 22 2-1G0, 22-2-170, (residential goals); 22-2-100, 22-2-100, 22-1-200, (pup goals); 23-1-
90, (definition of both); 24-1-40, (definition of urban, non urban, minor); 24-3-10, (minor procedure);
27 2 140, (non urban); 27 2 100, (urban); 27 2 210, 27-4 20 C 5.
Anne's Notes:
Uniform Code for Abatement of Dangerous Buildings 29-2-60
recent case saying semi tractor trailers when used as storage is defined as STRUCTURES in UBC. Now our
code and Supreme Court says it is STRUCTURE when used this way.
just for reference- if it's not just ugly, but also dangerous, provisions under building code that might apply.
Cash-in Lieu Consolidation Effort:
CHAPTER 26
MIXED USE DEVELOPMENT
Add 26-2-40.C. Cash-in-lieu of Common Open Space Regulation. In lieu of the preservation of land for on-
site common open space, and subject to the discretion of the Board of County Commissioners, the applicant
may utilize the Cash-in-lieu of Common Open Space option outlined in Section 27-6-80 B. 8 with terms defined
in Section 27-2 of the County Code. This option shall be outlined in the Sketch Plan application to the
Department of;Planning Services.
1. Definitio.rc.
-Transition-Zone;
rn,a;vorrzonc
Conservation Area. C,,v;ronrnentally sensitive areas with characteristieb such as steep slopes,
•
•
•
•
•
•
corridors.
Sec-nit Area. An open area with natural features that arc-v;sually sign;fcant or gL,ologically or
botanically-unique:
Wetland. An arca that is inundatcd or saturated by surface-water or groundwater at a
Appraiser through the State Board of Real Estate Appraisers. An appraiser with
additional qualifications of a MAI or an ARA is desirable. The appraiser shall be
selected by both thc Board of County Cone,ds iunk.r it. The applicant
shall be responsible for all fees asaet.iuk.d-nitl rtl ica1pi a;oa-
ten years from the collection date for common open space, parks, wildlife preserves,
riparian areas, trails, or other lands to be preserved.- Details regarding this option are
outlined in erection 2C 2 40 of this Code:
d. Any area so dedicated shall be approved by the proper public agency and shall be
maintained by the public agency. A written agreement to this effect shall be provided to
the Department of Planning Services at the time the Sketch Plan application is
submitted. The agreement shall indicate the agency's readiness and ability to accept
the land dedication or conservation easement. A brief statement regarding the
maintenance of the property shall also be provided. Failure to provide this information
may result in the Department of Planning Services inability to accept the Change of
Zone application on the subject site.
e. Performance Standards and Dulk Standards of thc proposed zoning district shall be
adhered to.-
f. The required acreage shall be determined according to Appendix#26-E. Land-shall-be
dedicated to a public agency for one or more essential public purposes. This option
does not provide a complete elimination of common open space within the proposed
development. This option does provide a reduced amount of common open space
based upon the site features of the applicant site. Individual site features shall also be
taken into consideration by the Department of Planning Services upon review of the
application.
CHAPTER 27
PLANNED UNIT DEVELOPMENT
Add 27-2-35. Buffer Zone or Area. An area used as a protection zone between two land uses of different
intensity and compatibility. A Buffer Zone or Buffer Area is also referred to as a Transition Zone.
Add 27-2-74. Conservation Area. Environmentally sensitive areas with characteristics such as steep slopes,
wetlands, flood plains, high water tables, endangered species habitat, riparian areas, historic woodlands,
native prairie, areas of significant biological productivity or uniqueness, or areas of significant cultural
resources that have been designated for protection from any activity that would significantly alter their
ecological integrity, balance or character.
Add 27-2-76. Conservation Easement. An encumbrance upon an identified parcel of land stipulating the
restriction on additional or future development. The easement restricts the development rights to the land, but
the landowner still holds the title to the property, the right to restrict public access, and the right to sell, give, or
transfer ownership of the property.
Add 27-2-165. Public Purpose. Parks, playgrounds, trails, paths, and other recreational areas and open
spaces; scenic and historic sites; schools and other buildings and structures; and other places where the
public is directly or indirectly invited to visit or permitted to congregate. A public purpose may also include
productive agricultural lands; riparian areas and their buffers; wetlands and their buffers; conservation areas;
buffer zones or areas; scenic areas; seenievievt corridors; floodways and floodplains; groundwater resources
and recharge areas; historic, archaeological and cultural features; scenic viewsheds from public roads; wildlife
preserves; and conservation areas. Areas such as wetlands and their buffers; conservation areas; buffer
zones or areas; scenic areas; and seenieview corridors are areas that may or may not allow public access.
These spaces shall serve a public purpose by providing for the protection of environmentally sensitive lands,
agricultural practices, and scenic areas or corridors.
Add 27-2-172. Scenic Area. An open area with natural features that are visually significant or geologically or
botanically unique.
Add 27-2-174. View Corridor. An area visible from a highway, waterway, railway, or major hiking, biking, or
equestrian trail that provides scenic vistas over water, across expanses of land, such as farmlands, wetlands,
prairies and grasslands, or riparian habitat.
Add 27-2-220. Wetland. An area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
Add 27-4-20.E.17. In lieu of the preservation of land for on-site common open space, and subject to the
discretion of the Board of County Commissioners, the applicant may utilize the Cash-in-lieu of Common Open
Space option outlined in Section 27-6-80 B. 8 with terms defined in Section 27-2 of the County Code. This
option shall be outlined in the Sketch Plan application to the Department of Planning Services. In-lieu of the
preservation of land for common open space and subject to the discretion of the Board of County
Commissioners, the applicant has the option of paying to a public entity approved by the County an amount
equal to a proportionate share of the market value of the overall property under development consideration at
the time of final plat, or dedicating an equal number of acres at a different site. Should the developer select to
purchase land for reduced on-site common open space, the land shall be purchased within the MUD Area, or
an alternative site designated by the Board of County Commissioners.
a. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be
determined by a land appraiser with the minimum qualifications of a Certified General Appraiser
through the State Board of Real Estate Appraisers. An appraiser with additional qualifications
of a MAI or an ARA is desirable. The appraiser shall be selected by both the Board of County
Commissioners and the applicant. The applicant shall be responsible for all fecs associated
with the appraisal.
b. The amount collected shall be deposited in a segregated account to be expended within ten
years from the collection date for common open space, parks, wildlife preserves, riparian areas,
trails, or other lands to be preserved. Details regarding this option are outlined in Chapter 26 of
this Code.
c. Any area so dedicated shall be approved by the proper public agency and shall be maintained
by the public agency. A written agreement to this effect shall be provided to the Department of
Manning Services at the time the Sketch Plan application is submitted. The agreement shall
indicate the agency's readiness and ability to accept the land dedication or conservation
easement. A brief statement regarding the maintenance of the property shall also be provided.-
Failure to provide this information may result in the Department of Planning Services inability to
accept the Change of Zonc application on the subject site.
d. Performance Standards and Bulk Standards of the proposed zoning district shall be adhered-to:-
Add 27-6-80.B.8 All PUD's may apply for a greater density and have reduced common open space when
applying the Cash-In-Lieu alternative listed herein.
a. In-lieu of the preservation of land for common open space and subject to the discretion of the
Board of County Commissioners, the applicant has the option of paying to a public entity
approved by the County an amount equal to a proportionate share of the market value of the
overall property under development consideration at the time of final plat, or dedicating an
equal number of acres at a different site. Such public entity shall possess the authority to hold
land for public purposes. Should the developer select to purchase land for reduced on-site
common open space, the land shall be purchased within the MUD area,_or an alternative site
designated by the Board of County Commissioners. Such alternative sites shall include, but not
be limited to land preservation activities and trail easements outlined in regionally-accepted
masteeplansk.
b. The required acreage may be determined according to the overall common open space
requirement reduction. Such Open Space shall be dedicated to a public agency for one or
more essential public purposes. Any area so dedicated shall be approved by the proper public
agency and shall be maintained by the public agency. The required acreage as determined
may be reserved through deed restrictions as open area, the maintenance of which shall be
ensured by specific obligations in the deed of each lot within the subdivision.
c. The tequired acreage's- haJFbedetermined accord'ingto Appendix#26-E Land shall be
dedicated to a public agency for one or more essential public purposes. This option does not
provide a complete elimination of common open space within the proposed development. This
option does provide a reduced amount of common open space based upon the site features of
the applicant site. Individual site features shall also be taken into consideration by the
Department of Planning Services upon review of the application..
d. Any area so dedicated shall be approved by the proper public agency and shall be maintained
by the public agency. A written agreement to this effect shall be provided to the Department of
Planning Services at the time the Sketch Plan application is submitted. The agreement shall
indicate the agency's readiness and ability to accept the land dedication or conservation
easement. A brief statement regarding the maintenance of the property shall also be provided.
Failure to provide this information may result in the Department of Planning Services inability to
process the"reviewo�tite=Sketch Plan application accept the Change of Zone appli,.aL, r on the
subject site.
e. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be
determined by a land appraiser with the minimum qualifications of a Certified General Appraiser
through the Cotorado'State Board of Real Estate Appraisers. An appraiser with additional
qualifications of a MAI or an ARA is desirable. The appraiser shall be selected by both the
Board of County Commissioners and the applicant. The applicant shall be responsible for all
fees associated with the appraisal.
1: Payments ttbwmade according to-the followinqiorrnula. tTheanticipated average
retail-lot value for aiuots in th development/phase'shall_be multiplied by the percentage
of Common Ope)11Space the-development is proposing to eliminate:-:
f. The amount collected shall be deposited in an escrow a segrega e"d account upon:recording the
Final Platin the-Department of Plannin Services
g. Th m _ co" Stiat be expended within ten years from the collection date for common
open space, parks, wildlife preserves, riparian areas, trails, or other lands to be preserved.
Details regarding this option are outlined in Chapter 26.
h. Performance Standards and Bulk Standards of the proposed zoning district shall be adhered to.
Definition of Urban and Non-Urban Scale Development:
Amend NON-URBAN SCALE DEVELOPMENT: Developments comprised of Nirie19) or fewer residential lots,
located in a non-urban area as defined in Chapter 22 of this Code and current Intergovernmental Agreements,
not ADJACENT to other IUDs, subdivisions, municipal boundaries or urban growth corridors. NON-URBAN
SCALE DEVELOPMENT shall also include land used or capable of being used for agricultural production and
including developments which combine clustered residential uses and agricultural uses in a manner that the
agricultural lands are suitable for farming and ranching operations for the next forty (40) years. NON-URBAN
SCALE DEVELOPMENT on PUBLIC WATER and septic systems shall have a minimum lot size of one (1)
acre and an overall gross density of two and one-half (2%) acres per septic system. NON-URBAN SCALE
DEVELOPMENT proposing individual, private wells and septic systems shall have a minimum lot size of two
and one-half (2%) acres per lot. A NON-URBAN SCALE PUD preserving a minimum 80-acre agricultural out-
lot may be located adjacent to other NON-URBAN SCALE PUD's which also preserve a minimum 80-acre
agricultural out-lot.
Amend URBAN SCALE DEVELOPMENT: DEVELOPMENTS exceeding inea 7lots and/or located in close
proximity to existing PUD's, subdivisions, municipal boundaries or urban growth corridors and boundaries. All
URBAN SCALE DEVELOPMENTS shall pave the internal road systems of the DEVELOPMENTS. URBAN
SCALE DEVELOPMENT requires support services such as central water, and sewer systems, road networks,
park and recreation facilities and programs, and storm drainage in--other similar services which are typically
furnished by_a municipality.
'�� i '�Ik •.�.�:��..���>�� !I}l ;{!�! a31 . 3. 3. �N1x k iq� lE�i;�w ��3 •, i�1 ti I "' _ sj5'
.w.-
Subdivision Minor Non-Urban 5 - Outside NO R & E: Septic R& E: Public
C/I: Adequate C/I: Adequate
Subdivision Major Non-Urban 6 - 9 Outside NO R& E: Septic R&E: Public
C/I: Adequate C/1: Adequate
Subdivision Major Urban 10+ Inside NO R & E: Septic R& E: Public
C/I: Adequate C/I: Adequate
PUD Non-Urban Non-Urban 9 - Outside Yes, if enough land preserved in R & E: Septic R & E: Public See
outlot and if 5 or fewer Residential C & I: Public Option of Well
lots are proposed Clustered (State 3
Residences per 35 acres; Weld C &I: P ublic
County minimum 80)
PUD Urban Urban 10+ Inside Yes, if enough land preserved in R& E: Septic R& E Public
outlot(State) C/I: Public C/I:Public
-44
. Amend Section 23-2-160.W.6.c. Easement Certificates elsewhere are adding a line under the G�I
signature:
Printed/typed name
2. Amend Section 24-1-40 Definition of Public Purpose:
Public Purpose. Shall be defined as parks, playgrounds, trails, paths, and other recreational areas
and open spaces; scenic and historic sites. A Public Purpose may also include productive agricultural
lands; riparian areas and their buffers; wetlands and their buffers; conservation areas; buffer zones or
areas; scenic areas; view corridors; floodways and floodplains; groundwater resources and recharge
areas; historic, archaeological and cultural features; scenic viewsheds from public roads; wildlife
preserves; and conservation areas. Areas such as wetlands and their buffers, conservation areas,
buffer zones or areas; scenic areas; and view corridors are areas that may or may not allow public
access. These spaces shall serve a public purpose by providing for the protection of environmentally
sensitive lands, agricultural practices, and scenic areas or corridors.
3. Amend definitions in 24-1-40:
NOTE: SI IOULD TI IE DEIINITION Of Non-urban Scale Development and Urban scale development
change to be based upon nine (9) lots, all reference to five (5) lots shall also be changed throughout
the CODE, including the definition of Minor Subdivision and Sections 22-2-70, 22-2-80, 22-2-90,-(urban
yvals); 22-2-160, 22 2 170, (re3idential goals); 22-2 180, 22-2-190, 22-1-200, (CUD goals); 23-1-
90, (definition of both); 24-1-40,-(definition of urban, non urban, minor); 24-310, (minor procedure);
27 2-140, (non urban); 27 2 190, (urban); 27 2-210, 27-4 20 E 5.
Public Works:
4. Section 24-5-25 page 20 add a new last sentence: the design criteria;as presented, are intended to
aid in preparation of plans and specifications, and include minimum standards where applicable.
These design'criteria are considered minimum and a complete design will require more than is
presented. As with any design criteria,the minimum standards may be determined to be inappropriate
or cannot be justified economically. In these cases, the Department of Public Works shall work with
the applicant in determining appropriate standards for site-specific applications.
5. Section 24-7-20.E add: brstudies orreports completed by the United States Department of
Transportation, or by;the Colorado Department of Transportation.
6. Section 24-7-30.A add: This requirement;is based upon recommendations of the Institute of
Transportation Engineers, the Federal highway Administration and the United States Department of
Transportation:
Clarification Effort:
7. Delete proposed 23-3-30 K.B. and replace with the following: 23- 33 b K. 8. A'TEMPORARY
Accessory STRUCTURE shall not be allowed to become in a state of disrepair.'Such disrepair may
include a TEMPORARY Accessory STRUCTURE that is partially or totally damaged by fire,
earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay
resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. Any such
TEMPORARY Accessory STRUCTURE shall be restored to and maintained in the original condition it
was in at the time it was placed on the site as established by the original inspection by the Building
Inspection Department, or it shall be removed from site.
EXHIBIT
CHAPTER 26
MIXED USE DEVELOPMENT
8. Add 26-2-40.C. Cash-in-lieu of Common Open Space Regulation. 1n lieu of the preservation of land
for on-site common open space, and subject to the discretion of the Board of County Commissioners,
the applicant may utilize the Cash-in-lieu of Common Open Space option outlined in Section 27-6-80 B.
8 with terms defined in Section 27-2 of the County Code. This option shall be outlined in the Sketch
Plan application to the Department of Planning Services.
1. Definitio.is.
Transition Zane
•
•
•
•
•
•
eerr;dors.
Scenic Area. An open area with natural featurca that are viaually significant or geologically or
botanically unique.
additional qualifications of a MAI or an ARA is desirable. The appraiser shall be
selected by both the Board of County Commissioners and the applicant. The applicant
shall be responsible for all fees associated with the appraisal.
c. The amount collected shall be deposited in a segregated account to be expended within
ten years from the collection date for common open space, parks, wildlife preserves,
riparian areas, trails, or other lands to be preserved.- Details regarding this option are
outlined in SectIon 26-2-40 of this Code.
d. Any area so dedicated shall be approved by the proper public agency and shall be
maintained by the public agency. A written agreement to this effect shall be provided to
the Department of Planning Services at the time the Sketch Plan application is
submitted. The agreement shall indicate the agency's readiness and ability to accept
the land dedication or conservation easement. A brief statement regarding the
maintenance of the property shall also be provided. Failure to provide this information
may result in the Department of Planning Services inability to accept the Change of
Zone application on the subject site.
e. Performance Standards and Bulk Standards of the proposed zoning district shall be
adhered to.
f. The required acreage shall be determined according to Appendix#26-E. Land shall be
dedicated to a public agency for one or more essential public purposes. This option
does not provide a complete elimination of common open space within the proposed
development. This option does provide a reduced amount of common open space
based upon the site features of the applicant site. Individual site features shall also be
taken into consideration by the Department of Planning Services upon review of the
application.
CHAPTER 27
PLANNED UNIT DEVELOPMENT
9. Add 27-2-35. Buffer Zone or Area. An area used as a protection zone between two land uses of
different intensity and compatibility. A Buffer Zone or Buffer Area is also referred to as a Transition
Zone.
10. Add 27-2-74. Conservation Area. Environmentally sensitive areas with characteristics such as steep
slopes, wetlands, flood plains, high water tables, endangered species habitat, riparian areas, historic
woodlands, native prairie, areas of significant biological productivity or uniqueness, or areas of
significant cultural resources that have been designated for protection from any activity that would
significantly alter their ecological integrity, balance or character.
11. Add 27-2-76. Conservation Easement. An encumbrance upon an identified parcel of land stipulating
the restriction on additional or future development. The easement restricts the development rights to
the land, but the landowner still holds the title to the property, the right to restrict public access, and the
right to sell, give, or transfer ownership of the property.
12. Add 27-2-165. Public Purpose. Parks, playgrounds, trails, paths, and other recreational areas and
open spaces; scenic and historic sites; schools and other buildings and structures; and other places
where the public is directly or indirectly invited to visit or permitted to congregate. A public purpose
may also include productive agricultural lands; riparian areas and their buffers; wetlands and their
buffers; conservation areas; buffer zones or areas; scenic areas; seenieview corridors; floodways and
floodplains; groundwater resources and recharge areas; historic, archaeological and cultural features;
scenic viewsheds from public roads; wildlife preserves; and conservation areas. Areas such as
wetlands and their buffers; conservation areas; buffer zones or areas; scenic areas; and seenieview
corridors are areas that may or may not allow public access. These spaces shall serve a public
purpose by providing for the protection of environmentally sensitive lands, agricultural practices, and
scenic areas or corridors.
13. Add 27-2-172. Scenic Area. An open area with natural features that are visually significant or
geologically or botanically unique.
14. Add 27-2-174. View Corridor. An area visible from a highway, waterway, railway, or major hiking,
biking, or equestrian trail that provides scenic vistas over water, across expanses of land, such as
farmlands, wetlands, prairies and grasslands, or riparian habitat.
15. Add 27-2-220. Wetland. An area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions.
16. Add 27-4-20.E.17. Inlieu of the preservation-ofrand'for on-site common open space, and subject to
the discretion of the Board of County Commissioners, the applicant may utilize the Cash-in-lieu of
Common Open Space option outlined in Section 27-6-80 B. 8 with terms defined in Section 27-2 of the
County Code. This option shall be outlined in the Sketch Plan application to the Department of
Planning Services. In lieu of the preservation of land for common open space and subject to the
discretion of the Board of County Commissioners, the applicant has the option of paying to a public
entity approved by the County an amount equal to a proportionate share of the market value of the
overall property under development consik«Gu,rat-tl is i c f-f al plat, or dedicating an equal
number of acres at a different site. Should the developer select to purchase land for reduced on-site
common open space, the land shall be purchased within the MUD Area, or an alternative site
designated by the Board of County Commissioners.
a. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be
determined by a land appraiser with the minimum qualifications of a Certified General Appraiser
through the State Board of Real Estate Appraisers. An appraiser with additional qualifications
of a MAI or an ARA is desirable. The appraiser shall be selected by both the Board of County
Commissioners and the applicant. The applicant shall be responsible for all fccs associated
with the appraisal.
b. The amount collected shall be deposited in a segregated account to be expended within ten
years from the collection date for common open space, parks, wildlife preserves, riparian areas,
trails, or other lands to be preserved. Details regarding this option are outlined in Chapter 26 of
this Code.
c. Any area so dedicated shall be approved by the proper public agency and shall be maintained
by the public agency. A written agreement to this effect shall be provided to the Department of
Planning Services at the time the Sketch Plan application is submitted. The agreement shall
indicate the agency's readiness and ability to accept the land dedication or conservation
easement. A brief statement regarding the maintenance of the property shall also be provided.-
Failure to provide this information may result in the Department of Planning Services inability to
accept the Change of Zone application on the subject site.
d. Performance Standards and Bulk Standards of the proposed zoning district shall be adhered to.
17. Add 27-6-80.B.8 All PUD's may apply for a greater density and have reduced common open space
when applying the Cash-In-Lieu alternative listed herein.
a. In-lieu of the preservation of land for common open space and subject to the discretion of the
Board of County Commissioners, the applicant has the option of paying to a public entity
approved by the County an amount equal to a proportionate share of the market value of the
overall property under development consideration at the time of final plat, or dedicating an
equal number of acres at a different site. Such public entity shall possess the authority to hold
land for public purposes. Should the developer select to purchase land for reduced on-site
common open space, the land shall be purchased within the MUD area, or an alternative site
designated by the Board of County Commissioners. Such alternative sites shall include, but not
be limited to land preservation activities and trail easements outlined in regionally-accepted
master plans.
b. The required acreage may be determined according to the overall common open space
requirement reduction. Such Open Space shall be dedicated to a public agency for one or
more essential public purposes. Any area so dedicated shall be approved by the proper public
agency and shall be maintained by the public agency. The required acreage as determined
may be reserved through deed restrictions as open area, the maintenance of which shall be
ensured by specific obligations in the deed of each lot within the subdivision.
c. The required acreage shall be determined according to Appendix#26-E. Land shall be
dedicated to a public agency for one or more essential public purposes. This option does not
provide a complete elimination of common open space within the proposed development. This
option does provide a reduced amount of common open space based upon the site features of
the applicant site. Individual site features shall also be taken into consideration by the
Department of Planning Services upon review of the application.
d. Any area so dedicated shall be approved by the proper public agency and shall be maintained
by the public agency. A written agreement to this effect shall be provided to the Department of
Planning Services at the time the Sketch Plan application is submitted. The agreement shall
indicate the agency's readiness and ability to accept the land dedication or conservation
easement. A brief statement regarding the maintenance of the property shall also be provided.
Failure to provide this information may result in the Department of Planning Services inability to
process the review of therSketch Plan application accept the Change of Zone application on the
subject site.
e. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be
determined by a land appraiser with the minimum qualifications of a Certified General Appraiser
through the Colorado-State Board of Real Estate Appraisers. An appraiser with additional
qualifications of a MAI or an ARA is desirable. The appraiser shall be selected by both the
Board of County Commissioners and the applicant. The applicant shall be responsible for all
fees associated with the appraisal.
1. Payment shalrbe male according to the following formula: The anticipated average
retail lot value for all Tots in the development/phase shall be multiplied by the percentage
of Common Open Space th&development is proposing to eliminate.'
f. The amount collected shall be deposited in an-escrow —segregated account upon recording the
Final Plat in the Department otPlanning Services.
g. The amount collected shall be expended within ten years from the collection date for common
open space, parks, wildlife preserves, riparian areas, trails, or other lands to be preserved.
Details regarding this option are outlined in Chapter 2G.
h. Performance Standards and Bulk Standards of the proposed zoning district shall be adhered to.
APR-24-2001 TUE 10:07 AM EVERITT COMPANIES 4, FAX NO. 19702234156 /� P. 01/07
"_ T
f 0-550?-aX9z
April 24, 2001
MEMORANDUM •
TO: WELD COUNTY BOARD OF COMMISSIONERS
FROM: STAN EVERITT
RE: CODE REVISIONS
Attached are my observations and remarks about the Weld County Code
Ordinance 2001-1.
1 hope you will have an opportunity to consider these remarks prior to the meeting
this Thursday.
Thank you.
Stan Everitt
(I EXHIBIT
ti W
c. . Ali -
Corporate Offices
3030 South College Avenue•Port Collins•Colorado•110525
Mailing Address:P.O.0nx 2125•Pat Collins•Colorado•90522
Telephone:19701226-1500•PAX:(970)223 4150
APR-24-2001 TUE 10:07 AM EVER ITT COMPANIES FAX NO. 19702234156 P. 02/07
WELD COUNTY CODE REVISIONS
OBSERVATIONS BY STAN EVERITT:
• CLUSTER
Definition From Page 2 of 35,Weld County Code Ordinance 2001-1:
"CLUSTER: A residential development technique that concentrates individual
lots on part o f the site to allow the remaining land to be used for recreation,
common open space, and the preservation of environmentally-sensitive features
such as wildlife habitat,riparian zones and agricultural lands. If a CLUSTER
development is proposed on agricultural lands,the land shall be currently used or
capable of being used for agricultural production such as fanning and rµnp ng
operations for the next forth(40)years. The i tent of the A Agricultural ne
District as outlined in Chapters 22,23, 24 and 27 of the Code,including tliw Right
to Farm Covenant, shall be met. A CLUSTER development may be use4 in
URBAN AND NON-URBAN AREAS."
REMARKS: The definition for CLUSTER developments seems to imply tttalt Me land
not used for lots is to be a"common"owned and nanaged property. Recreation, epen
space,environmentally sensitive land protection, is well as agricultural use, sl1.Ru1#1 be
allowed on land owned by individual lot owners"those homes may be"clustere4' in the
development plan so as to achieve the same outcome. For instance, a subdivislglt,on 80
acres may have a total of 8 lots, all clustered on 20 acres(8 lots @ 2.5 acre each).' Five
(5)of those lots may be 2.5 acres in total;two(2.)would be 10 acres each with the 2.5
acre building envelopes clustered with the other 5; and one(1)lot could be 47.5 acres
with the 2.5 acre building envelope clustered with the others. This vould be a"cluster"
development with conservation easements on 3 lots which would 1.e owned and managed
by the individual lot owners instead of common ownership and ma —:ment. The
definition does not seem to allow this.
NEW PROPOSED DEFINITION:
"CLUSTER: A residential development technique that concentrates lndjyidual
lots on part of the site to allow the remaining land to be used indivi a I or
collectively for recreation,open space, and the preservation of envireggl tally-
sensitive features such as wildlife habitat,riparian zones and agricultural lands. If
a CLUSTER development is proposed on agricultural lands,the land shall be
currently used or capable of being used for agricultural production such 9s
fanning and ranching operations for the next forth(40)years. The ai ern of the A
Agricultural Zone District as outlined in Chapters 22,23, 24 and 27 of le Code,
including the Right to Farm Covenant, shall be met. A CLUSTER devil pment
may be used in URBAN AND NON-URBAN AREAS."
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APR-24-2001 TUE 10:08 AM EVERITT COMPANIES FAX NO. 19702234156 P. 03/07
• NON-URBAN SCALE DEVELOPMENT:
Definition From Page 4 of 35,Weld County Code Ordinance 2001-1:
"NON--URBAN SCALE DEVELOPMENT: Developments comprised opine(9)
or fewer residential lots,located in a non-urban area as defined in Chapter 22 of
this Code and current Intergovernmental Agreements. NON-URBAN SCALE
DEVELOPMENT shall also include land used or capable of being used for
agricultural production and including developments which combine clysttrpd
residential uses and agricultural uses in a manner that the agricultural landq are
suitable for farming and ranching operations for the next forty(40)yegrs, NON-
URBAN SCALE DEVELOPMENT on PUBLIC WATER and septic systems
shall have a minimum lot size of one(1)acre and an overall gross density, Of two
and one-half(2 'A)acres per septic system. NON-URBAN SCALE
DEVELOPMENT proposing individual,private wells and septic systems shall
have a minimum lot size of two and one-half(2 ''A)acres per lot. A NON-
URBAN SCALE PUD preserving a minimum 80-acre agricultural out-lot may be
located adjacent to other NON-URBAN SCALE PUD's which also preserve a
minimum 80-acre agricultural out-lot."
REMARKS: Sentence#2 refers to"agricultural production." My notes indicate this
was changed to"agricultural purposes"since some agricultural use is not necessarily
production.
NEW PROPOSED DEFINITION:
"NON-URBAN SCALE DEVELOPMENT: Developments comprise$of nine(9)
or fewer residential lots,located in a non-urban area as defined in Chapter 22 of
this Code and current Intergovernmental Agreements. NON-URBAN SALE
DEVELOPMENT shall also include land used or capable of being yspd for
agricultural purposes and including developments which combine ehistercd
residential uses and agricultural uses in a manner that the agricultural lazltls arc
suitable for farming and ranching operations for the next forty (40)years NON-
URBAN SCALE DEVELOPMENT on PUBLIC WATER and septic systems
shall have a minimum lot size of one(1) acre and an overall gross deity of two
and one-half(2 ''4) acres per septic system. NON-URBAN SCALE
DEVELOPMENT proposing individual,private wells and septic systems shall
have a minimum lot size of two and one-half(2 %1)acres per lot. A NON-
URBAN SCALE PUD preserving a minimum 80-acre agricultural out-lot may be
located adjacent to other NON-URBAN SCALE PUD's which also preserve a
minimum 80-acre agricultural out-lot."
2
APR-24-2001 TUE 10:08 AM EVER ITT COMPANIES FAX NO. 19702234156 P. 04/07
• URBAN SCALE DEVELOPMENT:
Definition Front Page 6 of 35, Weld County Code Ordinance 2001-1:
"URBAN SCALE DEVELOPMENT: Developments exceeding nine(9)lots
and/or located in close proximity to existing PUD's, subdivisions,municipal
boundaries or urban growth corridors and boundaries. All URBAN SCALE.
DEVELOPMENTS shall pave the internal road systems of the
DEVELOPMENTS. URBAN SCALE DEVELOPMENT requires su : pit•
services such as central water,sewer systems,road networks,park and CF,rreation
facilities and programs,and storm drainage.
REMARKS: Does the"and/or" of the first sentence mean that ALL developments in
close proximity to the listed items are Urban regardless of the amount of lots or the nature
of the development? Does this exclude Non-Urban from occurring anywhere except in
very rural areas,even if the property owner that may he in"dose proximity"to other
lands labeled as listed might want to do a Non-Urban Scale Development? Taken
literally, a recorded exemption close to a town might be considered an URBAN SCALE
DEVELOPMENT. To be consistent with the striking of the"proximity"or"adjacent"
language of the NON-URBAN definition that was done at second reading,the definition
of URBAN SCALE should he"developments exceeding 9 lots,"period.
NEW PROPOSED DEFINITION:
"URBAN SCALE DEVELOPMENT: Developments exceeding nine(91 tots. All
URBAN SCALE DEVELOPMENTS shall pave the internal road system§of the
DEVELOPMENTS. URBAN SCALE DEVELOPMENT requires supppjt
services such as central water,sewer systems,road networks, park a$rp rcation
facilities and programs, and storm drainage.
• MINOR SUBDIVISION PROCESS:
Chapter 24, SUBDIVISIONS,page 13 of 35,Weld County Code Ordinance 2001-1:
REMARKS: The third reading draft has eliminated all reference to the Minor
Subdivision process as it relates to the new 9 Lot NON-URBAN definition. At the earlier
third reading meeting a chart was shown which retained the 5 Lot MINOR
SUBDIVISION process and put the 9 Lot NON-URBAN SUBDIVISION process into a
different category. This chart is not part of the new draft. To be consistent,the MINOR
SUBDIVISION procedure(section 24-3-10)should be revised to 9 Lots instead of 5
Lots.
PROPOSED LANGUAGE:
"The minor subdivision procedure is a process for development and review pf
subdivisions proposing a maximum of 9 lots, excluding those outlots which will not
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APR-24--2001 TUE 10:08 AM EVERITT COMPANIES FAX NO. 19702234156 P. 05/07
be used for residential, industrial or commercial purposes. The minor subdivi§ion
process utilizes the minor subdivision sketch plan application process and the minor
subdivision final plat process of this Chapter."
• PUBLIC PURPOSE:
Chapter 24, SUBDIVISIONS,page 14 of 35, Weld County Code Ordinance 2001-1:
REMARKS: On Page 14 in the definition of"Public Purpose"the second to the last
sentence reads: "buffer zones or areas scenic areas" A comma should be placed
between areas and scenic to read: "buffer zones or areas,scenic areas."
• DESIGN CR1TE:2.IA:
Chapter 24, SUBDIVISIONS,page 20 of 35, Weld County Code Ordinance 2001-1:
REMARKS:
• On Page 20, Section 24-7-20.A. The second sentence could be deleted and the
paragraph would serve the purpose and be less confusing:
"The design criteria, as presented,are intended to aid in preparation of plats id
specifications, and include minimum standards where applicable. These
criteria,are-considered-n}inirntun and-a e pletc-design-will- equine-mor.o4ha 4s
presented As with any design criteria, the minimum standards may be determined to
be inappropriate or cannot be justified economically. In these cases,the Department
of Public Works shall work with the applicant in determining appropriate standards
for site-specific applications. All streets within subdivisions and planned unit
developments will be designed and constructed in accordance with the following
standards...:" •
• On Page 21, Section 24-7-20.A. Item#6. Many lots may have more than op)e access
such as circle drives or second access to outbuildings. Rather than limit each lot to
only one access,Public Works should request a lot access plan for each development
which would state the number of potential access points for each lot.
• On Page 23, Section 24-7-30. New urban subdivisions will now be requive4 to have
5' wide sidewalks instead of 4' wide sidewalks. Is this necessary?
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APR-24-2001 TUE 10:09 AM EVERITT COMPANIES FAX NO. 19702234156 P. 06/07
• PLANNED UNIT DEVELOPMENT:
Chapter 27,PLANNED UNIT DEVELOPMENT,page 20 of 35, Weld County Code
Ordinance 2001-1:
ROADWAYS:
REMARKS.
• On Page 29,Section 24-4-20.E.16. This is a very important change, if a developer
agrees to do a PUD,this indicates that they would have to improve adjacent roadways
to the full typical section specified in the Weld County Transportation Plan, and
Chapter 24.
• On Page 33,Section 27-7-30.1. indicates offsite roadways would have to tic i$ proved
to the full typical section specified as above,including the acquisition of
from offsite property owners. Adjacent and offsite road improvements shopid be
specifically related to the impacts a development will have on those roadways as
determined by a traffic study. Additional improvements that may be in a plan or
needed in the future should be constructed when they are needed. Typically,road
impact fees are collected for these additional future improvements. This places an
unrealistic and legally questionable burden on developments.
PROPOSED LANGUAGE FOR CODE:
"A separate off site road improvements agreement proposal. The Road
Improvements Agreement and Roadway Construction Plans shall be accepted by;the
Board of County Commissioners. The off-site road improvement proposal shall describe,
in detail, the type of off-site road improvements to determine if the requirement for street
or highway facilities will be adequate in functional classification,width and structural
capacity to meet the traffic requirements. The method of guarantceiug the installation of
off-site road improvements shall be described as part of the agreement. The rpelltod of
guarantee shall conform with the County's policy regarding collateral for irg9ruycments
at Section 2-3-30 of this Code."
CASH-IN-LIEU FORMULA:
Definition From Page 31 of 35, Section 27-6-80.0.8,Item c.l,Weld County Code
Ordinance 2001-1:
"Payment shall be made according to the following formula: The anticipated average
retail lot value for all lots in the development/phase shall be multiplied by the
percentage of Common Open Space the development is proposing to eliminate."
5
SAPR-24-2001 TUE 10:09 AM EVERITT COMPANIES FAX NO. 19702234156 P. 07/07
REMARKS:
The formula for cash-in-lieu is very hard to interpret. First,in earlier sections, this
cash-in-lieu option is supposed to be used as early as the Sketch Plan part of the
process. It is impossible for a developer to know what the"anticipated avt gw retail
lot value"will be at that stage of the process. It is usually the practice of 4GYejl}pers
to price their lots only after final approval.
Second, it sounds as though the cash-in-lieu is a very high number. If there w4 a 100
acre development of 20 lots and the average anticipated retail lot value was$75,000
per lot,the total lot value would be$1,500,000. If 5%of the common open sfl sl.
ce
was used to calculate the cash-in-lieu,this would he a fee of$75,000. TM togcommon open space requirement is 15%of 100 acres or 15 acres. 5% of');U ii-,ces is
.75 acres. $75,000 for three quarter of an acre is very high.
PROPOSED LANGUAGE FOR CODE:
"Payment shall be made according to the following formula: The per square foot
appraised value of the undeveloped land multiplied by 3 shall be multiplied by the total
amount of Common Open Space land proposed to be eliminated."
The latest draft of the third reading still has some issues that do not
appear to be resolved:
1) As with earlier readings,the definitions of URBAN SCALE and NON-14U3AN
SCALE Development do not adequately define the types of developmfp(s that
occur. Clearly, a 10 or 11 lot subdivision on 80 acres is not URBAN SCALE,but
by definition,it is. It is even hard to accept that a 32 lot subdivision op Op acres
(2 ''A acre gross density)is URBAN SCALE, especially when contrast against
typical urban subdivisions that arc two to four lots per acre. Some nMifigalions
should be made to the definitions,or new categories could be added, t, l➢$ter fit
the various circumstances.
2) The required improvements to adjacent and off-site roads could potenO ly make
any PUD unfeasible. Hopefully,this is revised before adoption.
3) The septic system issue continues to he of concern. The Health Department has
added language to this code that gives them greater authority to require state-of-
the-art upgraded septic systems. However,them is still a strong sentiment that all
URBAN SCALE developments,regardless of the characteristics of the
subdivision, should have central sewer. Each development proposal should be
evaluated to determine whether or not septic systems are appropriate.
6
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