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Home My WebLink About20011592.tiff EXHIBIT INVENTORY CONTROL SHEET CODE ORDINANCE #2001-1 Exhibit Submitted By Exhibit Description A. Planning Staff Memorandum re: Summary of Changes (03/01/2001) B. James Mountain Letter of concern (03/07/2001) C. Planning Staff E-Mail re: Subdivision Ordinance questions nS (03/12/2001) D. Planning Staff E-Mail from Rick Dill re: definitions (03/12/2001) E. Planning Staff E-Mail re: type (03/14/2001) F. Fred Walker Letter (E-Mail) re: proposed definitions (03/13/2001) G. LuAnn Penfold E-Mail re: Subdivision water supply (03/14/2001) H. Trevor Jiricek Proposed language for concrete batch facilities Fred Walker E-Mail re: Proposed changes for 2nd Reading (03/21/2001) J. Clerk to the Board Work Session Notes (03/15/2001) K. Stanley Everitt E-Mail re: Proposed changes for 2nd Reading (03/21/2001) L. Planning Staff Code Change M. Health Staff Code Change N. Planning Staff Summary of Changes since Work Session O. Planning Staff Reply to Todd Hodges' E-Mail (03/23/2001) P. Planning Staff Minor Changes (03/23/2001) cc Q. Gloria Kane Letter re: Roadway/urban scale development (03/23/2001) R. Town of Milliken Letter of Opposition (03/28/2001) 2001-1592 0, 8 '6 S. City of Dacono/Wade Carlson Letter of Concern (04/12/2001) T. Paul Schavor, CRMCA Letter of Opposition (04/13/2001) U. Planning Staff Staff's Amendments for 3rd Reading (Anne's notes) V. Clerk to the Board Exhibit U after modifications by CTB W. Stan Everitt Fax of Comments, Observations, and Suggestions (04/24/2001) X. Planning Staff Memo re: 3rd Reading Changes (04/26/2001) Y. County Attorney Proposed Changes for comparison Z. Public Works Proposed language for 3rd Reading AA. Clerk to the Board Work Session Notes from April 26, 2001 • Attni MEMORANDUM WigCTo: Commissioner Mike Geile and Monica Daniels-Mika O From: Anne Best Johnson COLORADO Subject: County Code Amendments Date: March 1, 2001 This memorandum serves as an Executive Summary of all proposed amendments to the County Code. These amendments were approved by Planning Commission members on November 21, 2000. Over-riding minor changes in all Chapters of the County Code shall reflect repagination, grammatical changes, changing the case of letters of words within this document for County-wide consistency, correction of agency names after the agency has changed names and any reference to the Right to Farm Covenant shall be changed to "Weld County's Right to Farm." Intergovernmental Agreement with Dacono, Frederick and Firestone, Chapter 19 The community of Firestone has requested an amendment to exhibit 19-C by amending the current map to reflect a smaller Urban Growth Boundary. Zoning Ordinance, Chapter 23 Additional Amendment not heard at Planning Commission: to add the printed or typed name of all signees directly under where someone has signed their name. This proposal will affect Section 23-2- 160 6a. Minor Change 1: To clarify where the Collateral Improvements Agreement is located. Minor Change 2: To make reference to all IGAs where appropriate. Minor Change 3: Grammatical change corrected with publication of Code. Minor Change 4: Addition of three uses in the Agricultural Zone District: Commercial Roping Arenas, Indoor and Outdoor Roping Arenas, and to add uses such as water skiing lakes and dirt bike courses as a Recreational Facility. Minor Change 5: Clarification of the intent of Principally Employed, flood proof certification, and Board of Adjustment duties of interpreting the Zoning Ordinance. Minor Change 6: Change process of amending particular USRs to make the process less cumbersome for applicants. Minor Change 7: Clarification of Sections based upon current policy and Procedural Guides: County Treasurer certificate, mineral owner notification and ditch owner notification. Minor Change 8: Mylar Plat Submittal requirements consistent with state standards. Minor Change 9: Provide Easement Certificate example for citizen use. Substantial Change 1: New terms to be defined: Agricultural Exempt Building, Building Envelope, Cluster, Conservation Easement, Double Frontage, Mobile Home Pad, Principally Employed or Principally Engaged, Reverse Frontage, Sign, Flush Wall Sign, Super Elevation, Training Facility, and Travel Way. Terms to be clarified include: Animal Unit, Mobile Home, Non Urban Scale and Urban Scale Development, Recreational Vehicle, Screened, Setback and Structure. Substantial Change 2: Mobile Homes may not be a Temporary Accessory Structure. Substantial Change 3: Motor vehicles/trailers are not an acceptable sign base. d2cx7/—O 7 2 I/ *matt SERVICE,TEAMWORK,INTEGRITY,QUALITY CO I-I Substantial Change 4: Amendments to Parking Lot requirements by Public Works: Surface construction, ADA Requirements, plant material height, turning radius width. Substantial Change 5: Disallow development in the Flood Way. Substantial Change 6: To allow one Temporary Accessory Structures in the Agricultural Zone District as a use by right. Additional Temporary Accessory Structures will require a permit process, similar to the ZPMH. This proposal offers safeguards while taking into consideration the need for such structures. Substantial Change 7: Amendments to concrete batch plant USR requirements (engineered vehicle washing area) by Public Health. Subdivision Ordinance, Chapter 24 Minor Change 1: Adding a space for the typed or printed name under signature blocks, Certificate examples. Minor Change 2: Mineral Owner/Lessee Notification consistent with Chapter 23 made nearly one year ago and was overlooked in this Ordinance. Minor Change 3: This change was made during Codification. Minor Change 4: Reference to all applicable ordinances for consistency. Minor Change 5: Deletion due to obsolete language. Correction to reduce confusion on open space dedication calculation that has been replaced by percentages. Minor Change 6: Include information found in the Amendment Index regarding the time frame for subsequent Recorded Exemptions into the text of this Section so that this information is not lost with the publication of the County Code. Minor Change 7: Mylar Plat Submittal requirements consistent with state standards. Substantial Change 1: Definition Section Additions: Building Envelope, Double Frontage, Maintained County Road, Non Maintained County Road, Reverse Frontage, Super elevation, Structure, Travel Way. Definition Amendments: Urban and Non Urban Scale Development, Site Specific Development Plan, Sketch Plan, Subdivision or Subdivided Land. Substantial Change 2: Additions of references to road classification table and cross sections to be located in the Subdivision Ordinance only to reduce confusion. All other ordinances will cross-reference these tables and charts. Other amendments regarding road, access and sidewalk construction standards at the request of Public Works. Substantial Change 3: Clarification of Sections based upon current policy and Procedural Guides: County Treasurer certificate, erosion control plan, road plan specifications, public dedications, deed requirements, building envelopes, irrigation company notification, a description of what constitutes a technical error. Substantial Change 4: Clarification and amendment to the resubdivision plat requirements: to illustrate the property before and after the resubdivision. Substantial Change 5: An amendment passed by the Planning Commission in 1999 by the Assistant County Attorney but never heard by the Board of County Commissioners regarding elapsed time and the right to develop a Sketch Plan. Substantial Change 6: Sanitary Sewer requirements at the request of the Department of Public Health, consistent with Public Health chapters of the County Code. SERVICE,TEAMWORK,INTEGRITY,QUALITY Substantial Change 7: An option for developers to pay Cash-in-Lieu of developing Common Open Space. Mixed Use Development Ordinance, Chapter 26 Substantial Change 1: Amendments at the request of Public Works to require developers to improve typical roadway cross sections. Substantial Change 2: An option for developers to pay Cash-in-Lieu of developing Common Open Space. Planned Unit Development Ordinance, Chapter 27 Minor Change 1: Amendments to reflect where the Collateral requirements are found in the Code. Minor Change 2: Amendments to prohibit certain signs (rotating components, light movement, etc.). Minor Change 3: Amendments consistent with current policy and provides safeguards to reduce conflict between surface and mineral property owners. Minor Change 4: Mineral Owner/Lessee notification similar to same notification in the Zoning Ordinance and missed in this Chapter of the Code. Minor Change 5: Public notification consistency with state statute. Minor Change 6: Parking lot surface at the request of Public Works. Substantial Change 1: New terms to be defined: Conservation Easement. Amended terms: Non Urban and Urban Scale Development. Substantial Change 2: Cluster PUD mechanism called out in State Statute. This provides the mechanism to accomplish a Cluster PUD in Weld County. Substantial Change 3: Public Water and Public Sewer requirements proposed by the Public Health Department and consistent with Public Health chapters of the County Code. Substantial Change 4: Final Plat and Vesting of Property Rights proposed one year ago by the Assistant County Attorney to the Planning Commission members. This has not been heard by the Board. Substantial Change 5: Roadway Improvements language addition at the request of Public Works. Substantial Change 6: An option for developers to pay Cash-in-Lieu of developing Common Open Space. Substantial Change 7: An option to develop Guest Quarters as a non-income producing addition to new PUD's (housing elderly parents, live-in household help, etc.) SERVICE.TEAMWORK,INTEGRITY,QUALITY JAMES H. MOUNTAIN Architecture: Space and Site Planning 436 Coffman St. Suite 200 Longmont, Co. 80501 (303) 774-2391, March 7, 2001 Page 1 of 3 Weld County Commissioners 10th Ave and 10th St. Greeley, Colorado Re: Proposed changes to the Subdivision Regulations regarding road/street construction size requirements for new subdivisions. Dear Commissioners, Attached are several sketches showing the intersections of new roads based upon the requirement that the first developer of any area build the entire road cross section for county roads adjacent to his subdivision. My concerns are based upon several points of view of this requirement: 1. There is the neighbor relationship to each other and the fairness of the first developer building the road and the adjacent neighbor not contributing either land or money to the contruction of the County required road section 2. There is the financial factor, building twice the road is twice as expensive for the first developer. 3. There is the physical aspect of the construction, geometry of the road layout and durability of the final portion of the road. Item #1 While the County has right of way of 60 feet wide along section lines, the newer traffic requirements and design requirements for 80 foot wide collectors and 120 foot wide arterial require additional land from each owner adjacent to county roads under all circumstances. However if the first developer has to build the entire road section he must contribute 20 to 60 feet additional land to meet the county regulations. In addition the entrances from the county road to the private roads will require additional accel/decel lanes. Depending upon the development's traffic count and the physical size of the development the accel/decel lanes on a quarter section will require a 12 foot additional lane for the nearly the entire length of the property. RXHI!IT Page 2 of 3 WC roads March 7, 2001 For a quarter section of land, the taking an additional 30 feet from the first developer amounts to taking 30ft. x 2,640ft. strip of land (1.81 acres of open space or approximately eleven 6000 sq.ft. home sites). At the same time the adjacent neighbor is being given the offsetting 30ft strip because he does not have to build that portion of the road. Item #2 - Financial The cost of building the entire road section is really three parts. The actual cost of building half of the road width is approximately $200,000 to $250,000 for one half mile. Building twice the road width is at least double this cost, if other factors such as irrigation ditches or relocation of overhead and underground utilities is not involved. If the first developer is fortunate enough to receive some reimbursement for "overbuilding the road" due to proportionate shares of outside user loads. He will not receive the reimbursement for some lengthy amount of time and he will not collect much interest if any on the initial cost investment. The first developer losses the ground for the extra width of road and the income from the ground if it were developed into saleable property. Assuming residential sites at 35,000 each he losses $385,000 in lot sales. The adjacent neighbor gains the equivalent amount through no effort of his own. These financial impacts on the first developer are enough to kill a project where the developer is building roads on three sides of the project, as he may have to do on quarter section of land in the MUD area. Item #3 —the physical aspect The attached sketches, labeled figures 1, 2, 3, 5, 6, & 7 represent the road alignment problems when developers build at different times. They represent the most difficult condition, which occur at the intersections. Figures 1,2, & 3 represent the current regulations of one developer building first and the second developer on the diagonal corner building second and the long- term goal of full development of the area. Page 3 of 3 WC Roads March 7, 2001 Figures 5 & 6 represent the proposed regulation where each opposing developer builds the entire road section on the current right of way and a portion of his land. The major difference being that the street does not align over time and the lanes make a 20 to 40 foot jog across the intersection. Given the anticipated higher traffic volumes and high-speed traffic the jog is even more dangerous than the original regulations would create. The jog in the lanes would be forever, not just during the development stages. Figure 7 represents the condition which will happen at WCR #28 and the Proposed WCR #9 ' , if all parties developing in the area elect not to develop at the same time, or maybe never to develop. In this condition there is no existing ROW for the first and second developers to build in and they would have to build on their own land. The resulting road alignment would not work for many safety and functional reasons. Durability The construction of the full width of the road represents long term maintenance problems. Asphalt roads require traffic to keep their compaction up. If the full width of the road is built before the number of cars and bicycles demands it, the road will not receive the heavy traffic need to keep the compaction up. It will disintegrate from lack of use. If the cross section includes, turn lanes, and extra one way lanes, and the areas around it have not developed completely, the lanes will not receive the compaction needed to keep the road in good shape. Thank you for considering these points before adopting these regulations. Sincerely, James Mountain, Architect and Planner File:Weld County Road Regulations 1 .. i : {I E I : : I , E I. 'r I OWNER # 1 I I OWNER #2 c I : , 6O FT RIGHT OF WAY SECTION LINE , �__ 1 - i Ii ; OWNER #3 I I OWNER #4 i 1 • Y j : i i I, I ' __I 80 FOOT COLLECTOR TYPICAL INTERSECTION P11 G U '1117A1 # 2 . ... �� J ; j 1 ; ° ` ' s ; ; OWNER # 1 ; OWNER #2 0 FT RIGHT OF WAY SECTION LINE "Is-% 1 � • • OWNER #3 OWNER #4 1 , 1 i t ; ' II I IIIII 80 FOOT COLLECTOR TYPICAL INTERSECTION F1GUFJ # 3 1 I 1 I I1 III :; , i ;: ' t, OWNER # 1 OWNER #2 . s;; SECTION LINE ----" : ( - - - - - - - I -.44S\ 60 FT ROW NEW ROW LINE 1111 OWNER #3 1 1111 OWNER #4 1 1 1 1 :1 I H I I I I III 80 FOOT COLLECTOR TYPICAL INTERSECTION UNDER PROPOSED REVISION TO ORDINANCES Ili l}I I I: ` III II i OWNER #1 1 II I OWNER #2 I MI SECTION LINE I - - - - - - - - -) 60 FT ROW NEW ROW LINE OWNER #3 I I II ' OWNER #4 I I II III I IIiI II In 80 FOOT COLLECTOR TYPICAL INTERSECTION UNDER PROPOSED REVISION TO ORDINANCES FIGURE # 6 11 111 1 111111 '• 1111 111 OWNER # 1 : OWNER #2 SECTION LINE E•jI r . - _. ____. ..... .___. WCR --#28-- - - ---- ---c\l- --... / N . . . _ . : ; : , ! : , i .. iu , . .. PROPERTY LINE I OWNER #3:1 . . : - OWNER #4 1I II I I 1 1 1 1 1 1 120 FOOT ARTERIAL WCR # 9 1 / 2 @ WCR # 28 FIGURE # 7 • 7• 120'-0' ARTERIAL RIGHT OF WAY .I j 16 FOOT I 88'-0' FLOWUNE TO FLOWUNE I 16'-0' I LANDSCAPED AREA 1 6'-0•I 1Z'-o' I. 12'-0' 1 14'FO' 1 12'-0• 1 12'-0' 16'-0'T LANDSCAPED AREA to. a# 1 BIKE I DRIVE LANE I DRIVE LANE MED@d OR DRIVE LANE DRIVE LANE I BIKE 1 g 6' VERTICAL I LANE I I I TURN LANE I I LANE I MINIMUM 2% Iy 6 R. •NC. SIDEWALK CATCH CURB I B 1/2' FULTHICK ASPIMLS EARTH SLOPE 16 FOOT CONC. SIDEWALK I I I OR 6 1/21 CONCRETE ROAD I TYPICAL I I I SURFACES PER SOILS RtiPORT I \ • �Jq��c�frenW`y�\�� '��*-*i`, ,. . . . , . �I r , . . . •.o•.. . .I b.\Ti <otxo \.:\��:\��\\•\�i\\i.\\i. ��i/ U .ER ALL a'N/>\y\iilr\�ij�ii\�i�nfir\\O�\y�\\i��p\p�i�i\\i�\\i`�\\q\\iYY�\\p��i�L\\A.1\tiittiAt\\ir�n#\'.i\\iY�i„i-1 an f-i�!\�G\�>i\X \\ice.AS N,INCRE .i.F.i-.S4W2 I�\/ i�'':•'\lily\.\/i\\y�'\\Iiyi��/,�J\\A�/�9y%iyv\'\/i\/��\/M \I��\\i��\�D\\%i�J�/i�Y1et/i`\\li�Av UNCOMPACTED....,,v\\Ay�\/ 120 FOOT ARTERIAL SCALE: 1 ' = 10'-0" 7 i 60'-0• COLLECTOR RIGHT OF WAY I w gi I II—�I 50'-0' FLOWUNE TO FLOWUNE I I ,z 0 11' 5""FLL00T ' 6'-0'% 12'-0' 1 14'-0' 1 12'-0' 16'-0'• 15' J a 11IANDSCPIED AREA! BIKE I DRIVE MEDIAN OR DRIVE II BIKE ,ELAN D AREl,In 6 FT MEANDERING I I I LANE LANE TURN LANE I LANE LANE I I CONC. SIDEWALK 6 VERTICAL ' I 8 1/2' FU THICK T Ia a FT MEANDERING CATCH CURB I CONC SIDEWALK I I I OR 6 1/2 CONC ROAD MINIMUM 2% \\/pp�\22-• \ I I I I I SURFAC —i PER SOILS Rfl'QRf I EARTH SLOPE TYPICAL A\i/�i\\ 16,6\16PEpp\ ZOA.r : .62026'p; OG/i`//\i,VNY�t2•)•'yi Ii i• /. v\\\\�1"."\�/N//Q/� UN.a ALL '. //Q•••:" /\\O�• . ��///\//`\/i`\//�\O\\GO//\�/\\O\\//�/\\/i\\Q\\�G�//\\4\/\Q\�ji��,/;\�,�i\��/\\GOB/Q�/\\Qy/�NATURAL'EARTH' Jj/\��\��Q�/O�/O�j\� .�O//* '1/\/(/\/�j 6. AN. CU : • R .1/tit ee'S/'S•0•A/O//\��//te,4/\\��Qj/\\/\/M/\%/\\\//\\i\\I\\%\�i\tti\i\%\\/\\/ (UNCOMP .ACTED) i\\i/\\RIS,/\\�/�,A, .Va./.S�\/\\/a�!�\/\.12•*/!2\. •..I� ' ...........•v82�.2:SA.R.!A•184A•10A,28!\.a.•\J!O!O!\\!O!Qa\!p!OA�O!\\!\!J!p!6..R.A!J!OR\.28.*R2AA!\.2NA2R\n2n\A�\\\0 • 80 FOOT COLLECTOR SCALE: 1 ' = 10'-0" r CAROL Harding Subdivision Ordinance Questions Page 1 From: Anne Johnson To: Harding, CAROL Date: 3/12/01 3:03PM Subject: Subdivision Ordinance Questions Ok. Subdivision Ordinance. Minor Change#5 and Substantial Change#7. The following is what I have come to the conculsion based upon PC Resolution: 24-7-180A amended as written: PLEASE SEE PC RESOLUTION FOR CORRECT LANGUAGE 24-7-1806 amended as written 24-7-180C remains the same 24-7-180D deleted 24-7-180E amended as written 24-7-180E1 and E2 deleted Please send a copy of the ordinance. I have found several items where the language from PC to BOCC Resolution has changed or language has been deleted. The second reading will be correcting some of this, but I will need to find it all to make sure our Chapters are correct. Thanks. 4 EXHIBIT L.` Caoft, Dd zool-( r CAROL Hardin Proposed Ordinance Change _ u, Page 1 WELD COUTY From: RICKuILL , -• To: Jffhqs p„,,no e Date: 31'f2/u1,4`.3 PMAi1 u: 02 Subject: Proposed Ordinance Change RFFC;:t`y�- I am very concerned ab out'fh'e proposed re-definition of Non-Urban Scale Development being currently considered by the Board of County Commissioners. The change appears to broaden the scope of residential development and support more growth outside urban growth corridors. Increasing the number to residential lots from five to eight will likely cause a corresponding increase in the concentrations of residents from 12.5 to 20. This adds that many more residents to areas not normally within the routine call service area for the Sheriffs Office. As a result, law enforcement services are stretched by increasing the likelihood services will be needed and distance traveled to respond to emergencies. We have already seen several instances where residences built outside urban growth corridors have installed intrusion alarms. These responses have significant impacts on the Sheriffs Office When deputies service calls in outlying areas, response capability within the routine call service area is compromised because that response resource is no longer proximate to the largest service demand. It is far more efficient to provide services to more concentrated populations and this proposal appears to support just the opposite. I am concerned the cumulative effects of this change over time will result in: 1)Accelerated degradation of emergency response time, and, 2)The need for additional personnel and support resources at a rate far greater than could be funded by corresponding tax revenues. CC: COOKE, JOHN; Jordan, ED 51..._. ad aDtli-i CAROL Harding- Re: 23-3-40 mistake do you have this one Page 1 From: Anne Johnson To: Morrison, LEE Date: 3/14/01 7:15AM Subject: Re: 23-3-40 mistake do you have this one No. It's a spelling error and I don't think it needs to go to BOCC, I'll forward this to Carol. Thanks, Lee. The correct word should be"filed". Thanks. >>> LEE Morrison 03/13/01 04:55PM >>> P. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four percent(4%)of the total lot area, as detailed in Section 23-3-30 above, per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan field prior to adoption of any regulations controlling subdivisions. CC: Harding, CAROL LEXHIBIt t.CAROL Harding -3DEFINITIONS.doc Page 1 W LUrtL March 13, 2001 V 1,1/:17 14 All II: 53 Weld County Commissioners 915 10h Street EG iJ Greeley, Colorado 80631 Dear Commissioner: At last week's meeting about the adoption of the changes to the County Code, I spoke to you about the planning commission's meeting that recommended those proposed changes. As a member of the planning commission,I wanted to actually do some"planning for the future", so I submitted to the rest of the commission my own definitions for their consideration. Mr. Lee Morrison was able to find the document which had four definitions that I proposed. Those definitions are listed below. My conservation easement definition was approved by the planning commissioners. The other three definitions were defeated on a vote of 4 to 4. As I mentioned last week, one of the dissenting members qualified their vote by stating that if the word public had been used instead of potable,that member would have voted in favor of the three new definitions. My proposed Non-Urban development and Sub-Urban development left out the reference to being adjacent to PUD's, subdivisions,municipal boundaries,or urban growth corridors. It seems unfair and impractical to restrict a property from development if it meets all the other requirements but is located adjacent to one of these categories. I think that those properties would be appropriate to develop because the water, roads, and other services would already be there. The third level of development (Sub-Urban scale)was proposed to address the changing areas within Weld County, such as Windsor and Severance. I live in this area, and I see how it is changing from strictly agricultural to a low density residential environment. Both Windsor and Severance have this type of development(public water and septic systems) in their communities and do not object to similar kinds of developments in the county. One of the goals of the planning staff is to have development standards that are consistent within the communities of an area, and this third classification would do that. g4 CONSERVATION EASEMENT- An encumbrance upon an identified parcel of land stipulating the restriction of additional or future development. The easement removes 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. NON-URBAN SCALE DEVELOPMENT-Developments comprised of eight or fewer residential lots located in a non-urban area as defined by the Weld County Comprehensive Plan. NON-SUBURBAN SCALE DEVELOPMENT may include 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 years. SUB-URBAN SCALE DEVELOPMENT-Developments comprised of more than eight residential lots but whose gross densities are no higher than 2 1/2 acres per lot,with a minimum lot size of one acre per residential lot. All lots would he serviced by potable water and enhanced septic sewer systemic. URBAN SCALE DEVELOPMENT_-Developments comprised of more than eight residential lots and are 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. URBAN SCALE DEVELOPMENT requires support services including potable water, sewer systems,road networks, and storm drainage. EXHIBIT Thank you for your consideration. IdAH co*too!-/ CAROL Harding -3DEFINITIONS.doc - Page 2j Fred Walker 4 CAROL Harding - Subdivisions Page 1 [ i.7 D CUU9!-,-., . J: I . From: LuAnn Penfold <Ipenfold@firehousemail.com> To: "A Johnson" <ajohnson@co.weld.co.us> - Date: 3/14/01 10:06AM ""' ^4 `j FM /(: 9 Subject: Subdivisions RECEI\/ED Hi Anne, Regarding our phone call yesterday about subdivisions. When a subdivision is planned we require access and water supply for fire fighting operations. When a subdivision is planned for an outlying area they are, in a lot of cases, residential estate type subdivisions and homes built in these areas are typically a lot larger and require a higher water supply for fire fighting operations. Because they are located in outlying areas the required water supplies are not usually available as the needed larger waterlines are not extended to these areas and it becomes very costly for the developer to extend these needed waterlines or provide the required fire flow. Hope this information is helpful. LuAnn Get Your Own Free E-Mail! Firehouse.Com The Web's Community and Resouce for Fire, Rescue and EMS http://www.Firehouse.Com EXHIBIT Cr c4 aR/t o/-I IX tali 12 George- Please review. Mike will give you a call tomorrow. We intend to propose something very similar to the following: All concrete batch facilities shall be equipped with an appropriately designed vehicle washing area. The washing area shall be designed and constructed to capture all effluent and revent discharges from drum washing and the washing of vehicles in accordance withal e Riles and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Thanks, Trevor CAROL Harding-COUNTYCODELETTER#2.doc Page 1 WELD COUNTY V! LIAR 20 AN 9: 23 March 19, 2001 REOE: > _D Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Commissioner: I want to say that the discussion at last Thursday's meeting about revisions to the County Code was stimulating, and hopefully a balance between development requirements and individual landowner rights can be achieved. Changing the wording in the definition of Non-Urban Development by deleting the adjacent to language is a big step toward fairness to all property owners in a given area. As I mentioned on Thursday,many people want to live in a low density rural development because it offers more separation between homes, enhanced views, less noise, less traffic, an opportunity to have larger animals as pets, and a safer place for their children to play, especially if their children wander out onto the less traveled internal road. The higher market price of these lots is the true indicator of where people want to live and raise their families. I have had conversations with people on the Windsor Planning Commission about low density rural developments, and they see this type of development as a way to preserve the character of the town. This low density development could be incorporated in the non-urban definition or as a third development definition. The main components of this low density development would include: a minimum density(overall gross lot acreages no smaller than),public water, adequate sewage disposal,roads, and storm drainage. Development standards that included such things as curb and gutter, sidewalks, and bike paths are appropriate for developments in urban areas but not in a rural setting. Snow removal and maintenance of these things are two examples of excessive burdens to large lot owners and their homeowner associations. Page 11 of the revisions document has a proposed definition of urban-scale development. This new definition now requires both central water and sewer. I propose that the word"and" between water and sewer be deleted and a comma be placed after water. There was discussion at Thursday's meeting about whether the Soaring Eagle Ranch approved development was urban scale development or not. In the planning staff's comments to the planning commission,one of the reasons for recommending denial of the application was the fact that it was urban scale development. The planning staff and counsel may have resisted the application,but the fact remains that Soaring Eagle was approved and it had both septic systems and more than five lots (114). Pages 26 thru page 31 seem to be excessive and cost prohibitive to some developments. Traffic studies for minor's and pedestrian rights-of-ways of ten feet are some examples. Page 32 (24-8-80)refers to protection of irrigation practices,the flow of irrigation water, and the access to the irrigation system. This section could be used to attempt to couple water rights to the land to preserve prime irrigated agricultural lands. As president of one of the major mutual ditch companies in the State of Colorado,I can tell you that water rights are real property in this state and can only be tied to the land if done so in the by-laws of the mutual ditch that holds the decrees or the individual himself. .7260/—//99 EXHIBIT E CAROL Harding COUNTYCODELETTER#2.doc Page 2 Water rights in the Larimer and Weld County areas are being converted in"change of use cases" at an increasing rate due to the growth. "Change of use cases"is the legal term for changing the water use from it's original decreed use, such as agricultural,to either industrial or municipal use. When the change occurs,the water rights becomes much more valuable. If owners of irrigated lands are not given some better options for economically feasible development,their water will go somewhere else. As the market attracts more and more water out of agriculture,the land could turn into a weed patch, like some of the open space in Boulder County. The tax revenues from the land will decrease, especially compared to the potential revenues from some sort of development on the land. Page 41(sec. 27-4-50) asks to limit the time to one year from the date of staff comments on a sketch plan to the submittal for change of zone. This is too restrictive given the number of developmental standards the applicant must resolve before change of zone. My suggestion would be two years,with extentions, if the applicant can show just cause. Substantial change#5 starting on page 41 strikes me as being very open ended and subject to differing interpretations. In road impact fee areas of Weld County,wouldn't those fees generated address improving adjacent roadways (27-7-30.J)? Requiring the purchase of rights- of-ways to lands owned by someone else,who may not be a willing seller, is also a concern of mine. I will not be able to attend the second reading, so I have written to you instead. Thank you for reading my comments. Fred Walker WORK SESSION NOTES MARCH 15, 2001 TAPE #2001-12 The Board of County Commissioners of Weld County, Colorado, met for a work session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, Thursday, March 15, 2001, at the hour of 8:00 a.m. ROLL CALL: The work session was called to order by the Chair and the following members were present, constituting a quorum of the members thereof: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tem Commissioner William H. Jerke Commissioner David E. Long Commissioner Robert D. Masden - EXCUSED REGARDING CODE ORDINANCE #2001-1, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19, COORDINATED PLANNING AGREEMENTS; CHAPTER 23 ZONING; CHAPTER 24 SUBDIVISIONS; CHAPTER 26 MIXED USE DEVELOPMENT; AND CHAPTER 27 PLANNED UNIT DEVELOPMENT,OF THE WELD COUNTY CODE:Anne Best Johnson, Department of Planning Services, gave a brief description of the proposed minor changes to Chapter 19. In response to Chair Geile, Ms. Johnson stated a Use by Special Review (USR) Permit will only be required for commercial arenas. Commissioner Vaad clarified Section 23-2-40.6 states a USR is required for activities carried out on a fee or contract basis. Responding to Commissioner Vaad, Ms. Johnson stated the two additional items under this section will be renumbered correctly for second reading. Following further review, Ms. Johnson responded to Commissioner Jerke by stating citizens will still be able to appeal the Board of Adjustment decisions. In response to Arlan Maars, County resident, regarding Section 23-2-200.G.2, Lee Morrison, Assistant County Attorney, stated a USR does not need to be amended when creating a separate parcel, that is a separate planning process. Responding to Commissioner Jerke, Ms. Johnson stated applicants are currently required to determine the mineral owners and under this amendment, they will also be required to provide evidence of an agreement with the mineral owners. Mr. Morrison stated the last addition under Minor Change#7 is intended to require the applicant to enter into an agreement with the ditch companies, or make an attempt to mitigate the ditch company's concerns. Commissioner Jerke suggested the last sentence be incorporated into the statement prior to the "or" option. Brad James expressed concern with oil and gas production leases hampering the surface uses. Mr. Morrison stated if a mineral interest agreement cannot be reached, then the Board can determine if an adequate attempt has been made. Following further review, Ms. Johnson stated some conservation easements include terms for tax benefits. Mr. Morrison added each conservation easement will refer to other documents, and the definition needs to indicate that easements require a perpetual term. Fred Walker stated he proposed the definition of"conservation easement" at the Planning Commission meeting, and he explained the intent is to acknowledge the impact of a conservation easement on a piece of property. Responding to Chair Geile, Mr. Walker stated under his proposed definition, a conservation easement cannot be developed in the future, and the land owner holds the title, can restrict access, and has the right to transfer the property. EXHIBIT Arlan Maars stated as the Planning Commission considered the proposed definition; however, there was concern regarding whether the land will remain in its natural state. (Switched to Tape #2001-13.) Ms. Johnson stated each conservation easement is different and this definition does not determine what is absolutely required. Mr. Morrison suggested they simply reference the definition from State statute since that has to be followed anyway. Responding to Commissioner Vaad, Ms. Johnson stated building envelopes are used in developments as an attempt to preserve the remaining agricultural land. Responding to Commissioner Vaad, Ms. Johnson stated the public can refer to the bulk requirements regarding septic system design. Fred Walker stated a property owner should be allowed to place a home wherever he chooses on his land and indicated building envelopes are too restrictive. Todd Hodges stated the overlay districts have setback restrictions in relation to the septic systems. Responding to Commissioner Vaad, Ms. Hodges stated most people are not familiar with the bulk requirements and he feels the definition should be more specific. Ms. Johnson stated she will propose language at the second reading. Arlan Maars stated building envelopes are restrictive, and he suggested the property owner be allowed to designate several building envelopes, and allowing the land owner to have the final say in where the home will be placed. Ms. Johnson reviewed the definition of a "cluster," and stated it would be appropriate to amend the definition of "conservation easement" so that it simply references the definition in the State statutes. Commissioner Vaad commented additions to an agricultural conservation easement can specify allowances for improvements that maintain the land,such as sprinklers,barns,sheds,accessory structures to a farm. Mr. Morrison stated there is a mechanism for terminating a conservation easement; however, it may result in some taxation penalties. Mr. Morrison stated he and Ms. Johnson will propose new language for the definition of"conservation easement"for second reading. Ms.Johnson stated a sentence will be added to the definition of"mobile home." Responding to Chair Geile, Monica Mika stated if a mobile home is lawful, the use will be allowed to continue as a nonconforming use. She stated this definition is specific to mobile homes located in the unincorporated areas of Weld County in the Agricultural Zone District. Mr. Morrison clarified the addition does not apply to modular homes. In response to Todd Hodges, Ms. Johnson stated this applies to mobile homes only, not structures designed for storage. In response to Commissioner Jerke, Ms. Mika stated new mobile homes that are moved in will have to adhere to today's standards, and added that a Mobile Home Pad is not allowed in Flood Hazard Overlay District. Chair Geile commented the definition of"Non-Urban Scale Development" be amended to ensure that a Homeowners' Association is established. Mr. Morrison stated this is only the definition, the actual requirements for a Homeowners' Association are dealt within a different section of the Code. Commissioner Jerke suggested "gross acreage" be added to the definition of Non-Urban Scale Development on public water and septic systems for second reading. Ms. Johnson noted the Minor Subdivision process is based on five or fewer lots, and is considered to be non-urban in nature; however, the proposed amendment may require further amendments to the definitions of a Minor and Major Subdivision. Stan Everitt suggested Minor Change #1 under Chapter 24 also be amended from five to eight lots if this definition change is approved. He further stated Non-Urban Scale Developments should not be restricted from locating adjacent to other developments. Commissioner Vaad commented the intent is to preserve agricultural land, and questioned whether adjacent also included locating across the street from an existing development. Mr. Morrison stated several non-urban scale developments located adjacent to each other appear to become an urban scale development without the proper improvements. He suggested an amendment which will allow the land owner the opportunity to display how they are not superceding the intent of the minor subdivision process. Ms. Mika stated this language is intended to maintain consistency of the infrastructure between separate development, and added non-urban scale developments allow flexibility. Mr. Everitt commented that if a development is located within an urban growth boundary area,the municipality will have the opportunity to review the proposal. In response to Mr. Everitt, Ms. Johnson stated agricultural land would allow for clusters. Mr. Morrison suggested the second Work Session Notes, March 15, 2001 Page 2 sentence be amended to replace the word "shall"with "may," and Ms. Johnson suggested the sentence also be amended to replace "agricultural production" with "agricultural purposes," and correct the word "framing" to "farming." Mr. Morrison clarified this amendment will need to remain consistent with State statute. Todd Hodges stated he concurs with Mr. Everitt's concern with limiting the allowance of development adjacent to existing subdivisions or planned unit developments. He stated this language dictates if they are located adjacent to urban scale development,they must also develop as an urban scale development. Mr. Hodges suggested the Board consider a number other than eight(8)lots for non-urban developments. He stated the number of lots should be consistent with the number of lots allowed per well. Commissioner Jerke suggested nine (9) be allowed since three residences are allowed for each water well. Fred Walker stated the Board needs to ensure the definition provides consistency for all landowners, and the preclusion of developments adjacent to existing development will prevent some from developing their land. He discussed his definition of"suburban scale development," and stated he is in favor of allowing potable water if it can be brought up to public water standards; however, he is not in favor of private wells in urban areas. Ms. Mika stated if the Board approves the change to the definition of"non-urban scale," the twelve municipalities that have intergovernmental agreements with the County should be notified. Arlan Maars stated the current proposed changes to the definition of"non-urban scale"set up a first-come, first-serve situation, which is unfair. However, if non-urban scale developments are allowed to locate adjacent to municipalities, they may need to have more standards for development. Chair Geile called a five minute recess. Upon reconvening, Ms. Johnson reviewed the proposed changes to the definition of"non-urban scale development,"and added staff will also review the definitions of major and minor subdivisions. She indicated the Mountain View Fire Protection District and the Sheriff's Office have expressed concern with increasing the number of lots from five to eight. Regarding the definition of "Recreational Vehicles," Wendi Inloes, Department of Planning Services, stated the proposed definition is consistent with previous findings of the Board regarding violations involving recreational vehicles. Responding to Commissioner Jerke, Ms. Johnson stated the definition of"Training Facilities"will require a Use by Special Review Permit if the facility exceeds the number of animal units allowed on the property by right. Chair Geile commented the definition of Urban Scale Development does not allow for wells,other than those defined as public water systems. In response to Commissioner Jerke, Ms. Johnson stated the definition of "urban scale development" implies that it does not allow individual sewer systems. Mr. Everitt proposed the word "and" be removed from the definition. Ms. Mika explained staff has been defining urban scale as those developments which require urban support services and the word "and" should be left in. Ms. Johnson reviewed Substantial Change#2,which clarifies mobile homes cannot be used as accessory structures. Wendi Inloes stated there have been a lot of violations with accessory structures. Ms.Johnson stated this amendment clarifies the application process, and specifies that temporary mobile homes must be blocked and tied. She stated engineered foundations are only required in the Flood Hazard Overlay District. Ms. Mika stated recreational vehicles can be allowed for temporary construction, and no more than two mobile homes can be attached to a dwelling unit. Responding to Commissioner Jerke, Ms. Johnson stated this amendment will prevent business from having two signs on the face of a building, and staff usually recommends a monument sign with the various businesses be posted. The Board concurred with Commissioner Vaad that item #2 under Substantial Change #3 should be deleted. In response to Commissioner Geile, Ms. Johnson stated flags will not be considered as signs. Responding to Commissioner Vaad, Ms.Johnson explained Section 23-4-30.F is being added to ensure that parking lots within a commercial development are consistent in the type of surface used. She continued by stating Work Session Notes, March 15, 2001 Page 3 Substantial Change#5 is designed to ensure no development is allowed in the floodway. She explained the floodway is only two percent of the flood plain, and the applicant can challenge FEMA's determination as to the floodway boundary. Following further review, Ms. Johnson explained to Chair Geile that more than one temporary accessory structure may be permitted for storing agricultural goods. Regarding Substantial Change#7,Trevor Jiricek,Weld County Department of Public Health and Environment, stated the only other County that requires storage and recycling of effluent from concrete batch facilities is Denver County. He explained recycling of effluent is difficult and may be unnecessary because the facilities are already required to follow State and Federal rules. Responding to Commissioner Vaad, Mr. Jiricek stated groundwater is also considered a State water and holding ponds must be lined to prevent seepage into groundwater. He proposed this section reference the State and Federal regulations,and he read proposed language for the record that removes the requirement for recycling. Ms. Johnson reviewed the various minor and major changes to Chapter 24. In response to Chair Geile, Frank Hempen, Jr., Director of Public Works, stated six lots on a stump street can be continued at a later date. Diane Houghtaling stated the length of six lots is short enough for fire trucks to back out, but longer than that requires a turn-a-round. In response to Commissioner Vaad, Mr. Hempen stated items 7, 8,and 9, under Section 24-7-20.A can be deleted because they are being added to the appendices. In response to Commissioner Jerke, Ms. Houghtaling stated item #14 indicates a maximum of 1,500 feet for safety purposes,and added emergency services will have an opportunity for input on specific cases. She further stated shorter stretches of road help reduce the speeds. In response to Mr. Everitt, Ms. Houghtaling stated the new street design for a minor subdivision does not require a paved road, and added minor subdivisions must have all lots accessing off of the internal road. Responding further to Mr. Everitt, Mr. Hempen explained trip generation can be determined with some flexibility based on each situation. Mr. Everitt suggested the Board consider a hybrid road design for specific situations. Responding to Commissioner Jerke, Mr. Hempen stated Section 24-7-50.K only applies within a subdivision, no individual parcels. Concerning Substantial Change#5,Todd Hodges suggested some flexibility be allowed for active cases. Mr. Morrison stated there is an opportunity for the property owner to show the proposed use is being pursued, and added this refers only to the Sketch Plan phase. Mr. Hodges stated he would like to ensure that the one-year deadline apply only to those where no action is taking place. Commissioner Jerke suggested the addition be amended to change "shall" to"may" in the last sentence. Mr. Morrison stated the vested rights law has changed and he wants to ensure there aren't different rules for different cases based on when they were submitted. Mr. Hodges stated there are instances when the applicant may be actively pursuing a development; however,delays are caused by other agencies that cannot be controlled by the applicant. He stated those instances should not be required to resubmit a Sketch Plan. Fred Walker stated there are two processes an applicant can follow and he agrees there should be some flexibility based on the individual circumstances of each case. Ms. Johnson stated the first sentence of Substantial Change #6 will be amended to replace the word "underlying" with "overlaying." Pam Smith, Department of Public Health and Environment,stated the stricken portions of Substantial Change#6 were done at request of the Planning Commission; however, she expressed concern that those changes may be inconsistent with the I.S.D.S. Regulations. Ms. Johnson reviewed the proposed substantial changes to Chapter 26 regarding structural road improvements and definitions to be included under the cash-in-lieu regulations. Ms.Johnson reviewed the proposed changes to Chapter 27. Pam Smith stated the Planning Commission also removed sentences similar to those discussed in the Subdivision section, and again she expressed concern that the change may be inconsistent with other existing regulations. In response to Commissioner Work Session Notes, March 15, 2001 Page 4 Jerke, Ms. Johnson stated the scenic corridors are determined through the cash-in-lieu options. Commissioner Vaad commented the term"scenic corridor"should be termed as a"view corridor"to ensure there are not conflicts as to the definition of "scenic." Ms. Smith stated at the request of Mr. Everitt, Sections 24-7-70 and 27-2-176 could be amended to state,"Enhanced treatment systems can incorporate one or more of the following..." Fred Walker reiterated the definition of suburban would address many issues and asked the board to consider his proposal. Stan Everitt concurred there is a void between the types of development, and the third category proposed by Mr. Walker may adequately address that issue. Mr. Everitt also referred to Section 26-2-40.C.2 and asked that the time of valuation for the land be determined. There being no further business, this work session was adjourned at 11:30 a.m. Work Session Notes, March 15, 2001 Page 5 CAROL}iarding -Weld Code comments 3-20-01 doc Page 1 j WELD COUNTY 2h,1t1 MAR 21 AM 8: 29 RECEIVED Thank you for your presentation of the revisions and additions to the Weld County Codes last Wednesday. I am particularly appreciative of Commissioner Geile's willingness to engage in a thorough discussion of these changes so everyone can gain a good understanding of what is being proposed. I agree that, for the most part, the revisions presented are "house cleaning" items and will help in the interpretation and execution of the Code, but there are some elements in the draft that have significant influence on how things are done in Weld County. There are two major items that I would like to discuss, and three minor items that are more clarification than dispute. Ma. 1) New definition of"URBAN-SCALE DEVELOPMENT." This new definition requires all developments that are not NON-URBAN SCALE I i (more than 9 lots or clustered equivalent to 17.5 acre lots) to have central sewer, regardless of the size of the lots, the conditions of the property, or any other variables. €, Clearly this is a significant change. Other sections of the Code make reference to upgrading septic systems with enhanced treatment, management and maintenance, and I believe that these more stringent requirements will alleviate the concerns about septic I systems in new developments. If Weld County wants to exclude all developments over 9 lots from being on septic systems then this would have major consequence throughout the I County. 2) The other major concern I have is in the areas concerning road standards. There are several changes being proposed to road design and construction that may have profound impacts on all developments in the County. I fully recognize that internal and external roads must be built to high standards to meet the health and safety needs of the citizens of the County as well as the residents of new subdivisions, but it appears that some of the new requirements are excessive and may not be achievable or practical. Also,there are several references to other documents and/or appendices that are not a part of this package that I have for review. I think it is important to have Appendices #24-D and #24-E, the Colorado State Highway Access Code (2 C.C.R. 601.1 Chapters 3 and 4), a Policy on the Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials; the Guide for Design of Pavement Structures the Trip Generation Manual, and the Weld County Transportation Plan and other support documents all put together in one package for review along with these code revisions since these documents will be used as the basis for design and construction of roads. I believe these documents describe very urban standards that would not be appropriate to use in most of Weld County. It would be very helpful to everyone if there were a presentation of what the existing standards are compared to the proposed standards. I would suggest that the following be removed from adoption at this g EXHIBIT CAROL4-larding -Weld Code comments 3-20-01 doc Page 2 time so more information about what these changes really mean can be presented and understood: a) Substantial Change#2 of Chapter 24: SUBDIVISIONS on pages 26-31; b) Substantial Change#3 of Chapter 24: SUBDIVISIONS 24-4-40.D.3 on page 31; c) Substantial Change #1 of Chapter 26: MIXED USE DEVELOPMENT on page 34; d) Substantial Change #5 of Chapter 27, PLANNED UNIT DEVELOPMENT on page 41. Minor Items: 1) Section 23-5-250 dealing with development in the floodway eliminates the possibility of replacing existing crossings or other non-residential improvements such as fencing, corrals, etc., which may get damaged or need maintaining, that are in the floodway. With all of the creeks, ditches, rivers and other waterways in Weld County that are on farms and ranches, it seems practical to allow for these replacements and/or maintenance without being in violation of the Code. 2) The timing for Sketch Plan review should be extended to 2 years with additional 1-year extensions available, if needed. 3) Appraisals for cash-in-lieu payments for open space should be done based on the undeveloped value of the land. The language in the Code is not very clear and appraisers would have difficulty determining a value based on the unclear direction given. Thanks again for allow me to comment on these revisions. I look forward to discussing them again at the second reading on March 26t. Sincerely, Stanley K. Everitt Executive Vice President SICE:dr CAROL Harding -Code Page 1 From: Anne Johnson To: Harding, CAROL Date: 3/19/01 12:14PM Subject: Code 27-1-96 was deleted at first reading. EXHIBIT Code 04 1#2001. CAROL Harding - Re: County Code Page 1 l From: Anne Johnson To: Jiricek, TREVOR Date: 3/22/01 3:38PM Subject: Re: County Code Thanks. I'll forward to Carol Harding and read the proposal into the record. >>>TREVOR Jiricek 03/22/01 01:59PM >>> Anne- Suggest you make one minor change to proposed Section 23-4-290.L. (this is the section pertaining to vehicle washing at concrete batch plants). The change is: prior to the phrase"Water Quality Control Division"add the word "Colorado". Probably not a big deal but definitely adds some clarity....Sorry for the late notice.... Trevor Jiricek Environmental Health Services Weld County Department of Public Health and Environment tiiricekeco.weld.co.us 970-304-6415 Extension 2214 >>>Anne Johnson 03/19/01 04:24PM >>> Attached is the Code for the second reading. Also attached are changes to be made from 1st to 2nd reading at the 2nd reading. Please review all sections pertaining to your agency to make sure these are correct. CC: Harding, CAROL I EXHIBIT 4. zcnr-f Overall: All reference to the Right to Farm Covenant shall be changed to "Weld County's Right to Farm." CHAPTER 23 ZONING Add and amend definitions in 23-1-90: Add BUILDING ENVELOPE: The two-dimensional space within which a structure(s) is permitted to be built on a lot. The bulk requirements addressed in this Code shall also be followed. Add one of the two following definitions of Conservation Easement: CONSERVATION EASEMENT: An encumberance upon an identified parcel of land stipulating the restriction on additional or future development. The grant of a property right stipulating that the described land will remain in its natural state and preclude future or additional development. The easement remavesrestricts 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. Identical to the definition of"Conservation Easement in gross"found at § 38-30.5-102 C.R.S. as of April 30, 2001 which reads as follows: A right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area or airspace above the land or water owned by the grantor appropriate to the retaining or maintaining of such land, water, or airspace, including improvements, predominantly in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, recreational, forest, or other use or condition consistent with the protection of open land having wholesome environmental quality or life-sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural interest or value. Amend LIVESTOCK: Table 23-1C Table 23-1C Animal Units in the R-1 (Low-Density Residential) Zone District Number of Animals Maximum Equivalent Number Animal Unit to one Per Equivalents Animal Unit Acre Cattle 1 1 2 Horse 1 1 2 Swine 1 1 1 Sheep .2 5 10 Goat .2 5 10 Poultry .02 50 100 Rabbit .02 50 100 Amend NON-URBAN SCALE DEVELOPMENT. Developments comprised of eight (8) Nine (9) 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 4. EXHIBIT 1 Nthat 4dtol-1 • 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 framing 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 eight (8) 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 support services such as central water and sewer systems, road networks, park and recreation facilities and programs, and storm drainage and other similar services which are typically furnished by a municipality. Add 23-2-260.A.8, 23-2-370.D.2.k, 23-4-260.G.12, 23-2-50.B.14, and 23-2-160.Z. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. Add 23-3-40.B.16. Roping Arenas to include both indoor and outdoor arenas, commercial. Add 23-4-100.D. Attached, FLUSH-WALL SIGNS shall follow the following principles: 2. One (1) nameplate SIGN per business shall be allowed on the building face. Such SIGN shall not exceed two (2) square feet in area, and shall be located at or near the rear entrance of such business. Add 23-4-100.E. A SIGN shall not include the following: 8. Temporary interior paper window signs or painted signs on windows intended to promote sale merchandise for limited periods. Amend 23-4-130. No MOBILE HOME may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME issued pursuant to Chapter 29 of this Code. An application for any zoning permit for a MOBILE HOME required by this Division shall include the following: Add 23-4-290.L. All concrete batch facilities shall be equipped with an appropriately designed engineered vehicle washing area. All waste water generated from the washing of vehicles shall be recycled in the concrete batching process. The washing area shall be designed and constructed to capture all effluent, and prevent any-discharges from drum washing and the washing of vehicles exteriors. in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission and the Environmental Protection Agency. 2 Amend 24-3-50.D and 24-4-30.B.4.b. A summary of any concerns identified during the minor subdivision sketch plan application process with an explanation of how the concerns will be addressed or resolved. Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site. The applicant is responsible for providing evidence to the Department of Planning Services that diligence is being made to meet standards and conditions outlined in Sketch Plan comments. The Department of Planning Services is responsible for determining whether a major change exists except that when more than a year has elapsed since the Sketch Plan comments, a resubmittal of a new Sketch Plan for the site shall may be required prior to submittal of an application for a Minor Subdivision and the "application," for purposes of compliance with Section 24-68-102.5, et. seq., C.R.S., shall be the application for the amended Sketch Plan. Amend 24-4-30.C.1.i.2. Compliance with Chapter 22 of the Weld County Code, the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by Chapter 22, and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements Amend 24-7-20.A. All streets within subdivisions and planned unit developments will be designed and constructed in accordance with the following standards: 7. Right of-Way. County streets shall have the following minimum right-of-way widths: a. Local: sixty (GO)feet. b. Collector: eighty (80)feet. e. Arterial: one hundred (100)feet. 8. Lane and Shoulder Width. County roads and streets shall have the minimum lane and shoulder width shown on Table 24.1 below: fable-2474 StreetIffelths �eeetflal Lone Width C&u le, Width Le.,al 10 feel-te 11 Let 44eet A...nid 12 fat 8 fcct 9. Lane and shoulder widths for an arterial street with an average daily traffic count greater than one thousand two hundred fifty (1,250) vehicles is determined on an individual project basis. Amend 24-7-70. The proposed subdivision shall comply with the sanitary sewage disposal requirements of the underlying overlaying zone district. Plans for the proposed subdivision shall be referred to the Department of Public Health and Environment for review. The Department of Public Health and Environment may also require the applicant to submit additional engineering or geological reports or data and to conduct a study of the economic feasibility of the sewage treatment works prior to making a recommendation. The Department of Public Health and Environment may also require that all proposed septic systems provide enhanced treatment, and a design, installation, monitoring, maintenance, and management plan for all the individual sewage disposal systems. Enhanced treatment systems are those that incorporate aeration, alternating fields, effluent filters, sand filter systems, trickling filter systems, etc. Monitoring and maintenance should outline any scheduled inspections, septic tank pumping schedule, and other duties performed on each system. The management component should outline the funding source for the oversight of the plan (i.e. the Homeowners' Association, etc.), who will perform each of the various parts of the plan, and enforcement provisions. Amend 24-7-180. Public sites and open spaces. A. Within a Subdivision, the Board of County Commissioners may require the dedication, development or reservation of individual parcels, or the placement or purchase of a conservation easement upon lands within a subdivision or PUD plan for parks, greenbelts or 4 other necessary public purposes. The type of use, lot size and residential density shall be considered when determining parcels necessary for public purposes. Public purposes may include common open space, parks, wildlife preserves, riparian areas, trails, or other lands to be preserved. E. The amount of land that may be required for public dedication, reservation, or as a measure of money to be paid in lieu of such dedication or servation, reservation shall be determined by the standards outlined in Chapters 26 and 27. Add 24-8-30.M.9. Building envelope(s) shall be designated. If the applicant intends to designate a building envelope as a means of establishing compliance with the provisions of this Code including, but not limited to, Sections 1.3.1 and 1.3.10. 24-1-30.A and 24-1-30.J. CHAPTER 26 MIXED USE DEVELOPMENT Add 26-2-40.C. Cash-in-lieu of Common Open Space Regulation. 1. Definitions. Scenic ViewCorridor. 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. CHAPTER 27 PLANNED UNIT DEVELOPMENT Add one of the two following definitions of Conservation Easement, Section 27-2-76: 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. Identical to the definition of"Conservation Easement in gross" found at § 38-30.5-102 C.R.S. as of April 30, 2001, which reads as follows: A right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area or airspace above the land or water owned by the grantor appropriate to the retaining or maintaining of such land, water, or airspace, including improvements, predominantly in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, recreational, forest, or other use or condition consistent with the protection of open land having wholesome environmental quality or life-sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural interest or value. To be consistent with other chapters of this code, the definition of Non Urban Scale and Urban Scale Development shall be amended at second reading as follows: Amend 27-2-140. Non-Urban Scale Development. Non-urban scale development consists of developments comprised of eight (8) or fewer residential lots, located in a non-urban area as defined in Chapter 22 of this Code, not adjacent to other PUD's, 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 5 systems shall have a minimum lot size of one (1) acre and an overall 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 agricultural outlot of eighty (80) acres may be located adjacent to other non- urban scale PUD's which also preserve a minimum agricultural outlot of eighty (80) acres. Non-urban Scale Development: Developments comprised 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 Scale Development shall also include land used or capable of being used for agricultural production, 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. Add 27-2-174. Scenic 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 27-2-176. Sewer Provisions. A PUD Zone District shall be served by an adequate sewage disposal system. All PUD's containing commercial and/or industrial uses, or those considered urban scale development, shall be served by an approved sewer system, as defined by the Board of County Commissioners. The proposed subdivision shall comply with the sanitary sewage disposal requirements of the underlying overlaying zone district. Plans for the proposed subdivision shall be referred to the Weld County Department of Public Health and Environment for review. For those residential PUD's where sewage is proposed to be treated by septic systems, the Department of Public Health and Environment may require the applicant to submit additional engineering or geological reports or data and to conduct a study of the economic feasibility of the sewage treatment work prior to making a recommendation. The Department of Public Health and Environment may also require that all proposed septic systems provide enhanced treatment, and a design, installation, monitoring, maintenance, and management plan for all the individual sewage disposal systems. Enhanced treatment systems are those that incorporate one or more of the following: aeration, alternating fields, effluent filters, sand filter systems, trickling filter systems, etc. Monitoring and maintenance should outline any scheduled inspections, septic tank pumping schedule, and other duties to be performed on each system. The management component should outline the funding source for the oversight of the plan, i.e. the Homeowners'Association, who will perform each of the various parts of the plan, and enforcement provisions. Amend 27-2-190. Urban Scale Development. Urban scale development consists of developments exceeding cight (8) 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 development. Urban scale development requires support services such as central water and sewer systems, road networks, park and recreation facilities and programs, storm drainage and other similar services which are typically furnished by a municipality. Developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. Urban scale development requires support services such as central water and sewer systems, road networks, park and recreation facilities and programs, and storm drainage and other similar services which are typically furnished by a municipality. 6 Amend 27-2-210. Water provisions. A PUD Zone District shall be serviced by an adequate water supply. All PUD's shall be served by a public water system as defined in this Chapter. An exception may be granted for eight (8)/five (5) nine (9) lots or less residentially clustered PUD's when public water is not available and the residential PUD results in an intensity of development that preserves and enhances agricultural lands and production. A PUD applying for an exception to the public water requirement must be considered a non- urban scale development as defined in this Chapter. A PUD not served by public water shall preserve a minimum eighty-acre agricultural outlot. The Department of Planning Services and the Department of Public Health and Environment shall review any PUD applying for an exception to public water to determine if the application meets the intent of the PUD regulations and state water requirements. Add 27-4-20.E.16. A statement describing how the applicant intends to improve adjacent roadways to meet the full typical section specified in the Weld County Transportation Plan and Chapter 24. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with nexus of proportionality and shall be equivalent to the impacts of the development. The improvements attributed to the development shall be consistent with the direct impact a particular development has on the county road system. The Road Improvements Agreement and Roadway Construction Plans shall be accepted by the Board of County Commissioners. Amend 27-4-50. Major Changes to a Sketch Plan. Major changes from a reviewed sketch plan may require a resubmittal of a new sketch plan for the site. The applicant is responsible for providing evidence to the Department of Planning Services that diligence is being made to meet standards and conditions outlined in Sketch Plan comments. The Department of Planning Services is responsible for determining whether a major change exists except that when more than a year has elapsed since the sketch plan comments, a resubmittal of a new Sketch Plan for the site shall may be required prior to submittal of an application for a Planned Unit Development zone change and the "application," for purposes of compliance with Section 24- 68-102.5, C.R.S., shall be the application for the amended sketch plan. Add 27-5-30: The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence than an adequate attempt to reach such agreement has been made. 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 in Chapter 26 of this Code. Should the applicant choose the Cash-In-Lieu alternative, the site may be developed at a density equivalent to the remainder of the proposal. d. The amount collected shall be deposited in an-escrow 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. 7 CAROL HardingRe Weld CountyCode Ordinance 2001-1 Page 1 From: Anne Johnson To: "toddhodgesdesign@earthlink.net".GWIA.CENTDOMAIN Date: 3/23/01 10:03AM Subject: Re: Weld County Code Ordinance 2001-1 Thanks for your time, Todd. You really put quite a bit of long range thinking into your correspondence. I will forward this to Carol Harding at Clerk to the Board, Trevor Jiricek and Pam Smith with Environmental Health, and Frank Hempen and Diane Houghtaling with Public Works. >>> "Todd Hodges Design, LLC" <toddhodgesdesign@earthlink.net>03/23/01 09:41AM >>> Anne: Thank you for your consideration of the items that have been discussed in the 1st reading and the open work session with the Board concerning the amendments to the County Code. I believe that the goal of Weld County staff, the Planning Commission members and the Board is to require conscientious planning and design that encourages smart growth while preserving our natural and agricultural resources. Though discussed in the public realm, I am still compelled to bring up items that influence the way Weld County will develop as a viable"community". There are three items that I would like to focus your attention on and will address them based on their order in the Code: 1.) Minor Change#2: This section deals with intergovernmental agreements with municipalities. I support the concept and use of such agreements but would like to make the comment that some municipalities tend to interpret such agreements differently than staff and the Board once the agreement is in place. 2.) The definition of NON-URBAN SCALE DEVELOPMENT vs. URBAN SCALE DEVELOPMENT: I applaud staff on their willingness to re-evaluate how the current definitions of non-urban vs. urban have been interpreted in the past, however, I feel that it is critical to discuss how these new definitions will be interpreted in the future. I am interested in the idea of a"sub-rural" category that may fill some of the void between the rural and urban areas. Good land-use planning dictates that when defining urban vs. rural areas there is a transition zone which acts as a buffer between the different land use areas. One of the ways to accomplish this is to offer the ability to provide residential/estate/agricultural uses that are at a density which are consistent with uses on both sides and create a smooth transition instead of putting up an imaginary wall between the urban community and the agricultural community. Smart growth requires that we take into account existing and proposed infrastructure, environmental impacts, mineral resources, natural resources, stable water sources for potable and non-potable uses, health and safety issues, and surrounding land uses. Through creative, conscientious design we can provide a buffer/transition zone that allows for a"NON-URBAN"and "sub-rural"development that is consistent with the adjacent municipality or urban development and the agricultural zone district of Weld County. a EXHIBIT Coda Droi' *&yjI- CAROL Harding Re Weld County Code Ordinance 20W 1 Pa e 2 3.) Substantial Change#2 and Substantial Change#5: These items are pertaining to road improvements required through the approval of a subdivision or PUD in Weld County. I am concerned that the proposed road standards are"URBAN SCALE" in nature and do not allow flexibility for a"NON-URBAN" or"sub-rural" development. It is understood that developments should "pay their way" but these standards could have a major impact based on the way they are interpreted. Substantial Change#5 implies that all PUD developments are going to build the County road system whether the impact is there or not. I believe this should be discussed at greater length and some clarification be offered by staff on how these changes will be imparted upon a "NON-URBAN SCALE"development vs. an "URBAN SCALE"development. Thank you again for your time and consideration of these items. If you have any questions, I may be reached via email or at(970)207-0272. Please forward this to the appropriate staff and Board members. Have a good day. Todd A. Hodges, ASIA Todd Hodges Design, LLC CC: Harding, CAROL; Hempen, FRANK; Houghtaling, Diane M.; Jiricek, TREVOR; Smith, PAM CAROL Harding Code email Page 1 From: Anne Johnson To: Harding, CAROL Date: 3/23/01 12:34PM Subject: Code email This is a list of items changed since the last email I sent earlier in the week. These a a few minor changes to incorporate into the Resolutions for Monday. 23-1-90 Chapter 23 definition of Conservation Easement 23-4-290L 24-1-40 Building envelope definition 27-4-50 24-3-50 D 24-4-30 B4b 4 'EXHIBIT Ord 01-1 CAROL Hardin Smile Pate 1 1 From: Anne Johnson To: Harding, CAROL Date: 3/23/01 2:38PM Subject: Smile One more minor change. Please see 24-7-70 5th Sentence Thanks. 03/23/2001 05:31 5063697 G W FINANCE GLORIA PACE 02 MARCH 23, 2000 BOARD OF COMMISSIONERS WELD COUNTY GREELEY, CO 80631 .. GENTLEMEN: IT HAS COME TO MY ATTENTION THAT THERE ARE CHANGES TO THE WELD COUNTY CODES BEING PROPOSED. TWO ITEMS IN WHICH I AM INTERESTED ARE: 1. I HAVE BEEN CONCERNED WITH OUR ROADWAYS AND TRAFFIC PATTERNS. IT SEEMS TO ME THAT THE PRUDENT WAY TO PROCW WITH ANY CHANGES IN THE ROAD STANDARDS IS TO POSTPONE ADOPTIQp UNTIL THERE HAS BEEN MUCH MORE PUBLIC EDUCATION AND XNiPI[1H IT WOULD BE COUNTERPRODUCTIVE TO BRING ALL ROADS TO FULL ,t},JTIIAL STANDARDS IF IT IS NOT PRESENTLY IN THE COUNTY COMPREHE,W91E PLAN OR THE COMPREHENSIVE PLAN OF THE COMMUNITY WHICH Iii LOCATED CLOSEST TO THE SUBJECT PROPERTY. ROAD IMPR r':; r ? u SHOULD BE MADE ONLY AFTER COORDINATION WITH THE COMMUNITY4 POSSIBLY THROUGH AN INTERGOVERNMENTAL AGREEMENT TO ENSWgrAT ALL EFFECTED PARTIES HAVE INPUT. 2. WITH THE URBAN SCALE DEVELOPMENT STANDARDS IT SEEMS ¶'Q BE ENCOURAGING SPRAWL BY REQUIRING ESTATE LOTS TO HOOK UP SEWER. WELD COUNTY SHOULD ADOPT MANDATORY STANDARDS FOR pr GRADED SEPTIC SYSTEMS AND CONTINUE USAGE IN ESTATE LOTS (MINIMUM 2 1/2 ACRE LOTS) . AS A MEMBER OF THE WINDSOR PLANNING COMMISSION I KNOW THAT ��'r ' BEEN WORKING WITH SOME OF THE SAME ISSUES. WE ARE ALWAYS HAPPY T9pRK TOGETHER FOR COOPERATIVE PLANNING. THANKS FOR YOUR ATTENTION. SINCERELY, GLORIA J KANE 1030 PINYON COURT WINDSOR, CO 80550 lig EXHIBIT Q 04114200H -O WELD Cc: 7,1r f it lilven Town Flall, 1101 Broad St.. Drawer 290 • Milliken, CO 80543 • t9t0 547 P,31 'j19-'8 33 2678 fax 3 6' 4bilnie# March 28, 2001 The Honorable M. J. Geile, Chair Weld Board of County Commissioners P. O. Box 758 Greeley, CO 80632 Dear Mike: The Town of Milliken has received a letter indicating that Weld County is proposing to change the definitions of Non-Urban Scale Development and Urban Scale Development. In effect, the proposed change would allow "non-urban scale development"to occur outside Urban Growth boundaries at nearly double the current number of residential lots per development - increasing from five (5) lots to nine (9) lots. While it is true that urban scale development "requires support services such as central water and sewer systems, road networks, park and recreation facilities and programs, and storm drainage and other similar services are typically furnished by a municipality", allowing an increase in the size of non-urban scale developments in outlying areas by such a significant amount will only place a greater burden on the area's infrastructure as densities increase in these rural areas. This increase would contribute to sprawl and work against the principles of "smart growth". Therefore, the Town of Milliken strongly opposes the proposed amendments to these definitions by Weld County. Furthermore, the Town is disappointed to have received this letter on March 27, 2001 when the second reading of this amendment was apparently considered by Weld County on March 26, 2001. Sincerely, Ted Ch ez Mayor 2 EXHIBIT' ��' WE „l,, i t i� City o ►Dacono , Colorado v rr. April 12, 2001 M. J. Geile, Chair Weld Board of County Commissioners 915 10th Street P. O. Box 758 Greeley, Co 80632 Dear Mike: The City of Dacono has received the County's recent correspondence regarding changes proposed to the definitions of Urban Scale Development and Non-Urban Scale Development. An increase from five to nine lots allowed in Non-Urban Scale Development will have a dramatic increase in the number of rural residents. In turn, the impacts on and demand for services created by residents of these rural subdivisions on the adjacent municipalities will also increase. We believe developments of this size (over five lots) are urban in nature and therefore, should be located within a municipality. We are also concerned about the use of wells and septic systems on lots as small as 2-1/2 acres and the potential problems that can be caused by wells and septic systems being located too close together. In summary, the City of Dacono's position is to oppose the proposed changes to these definitions. Also, we received your correspondence after the date of the second reading on these changes and in the future, would appreciate more notice being given on such items. Sincerely, Wade Carlson, Mayor 4 EXHIBIT s Oafs Oirl tool;- 512 Cherry Street • Post Office Box 186 • Dacono, Colorado 80514 Local— (303) 833-2317 Metro—(303) 833-5562 Fax—(303) 833-5528 carmca COLORADO R t CI CITE ASSOCIATION ,M April 13, 2001 77 APR 17 Al 9: 16 RECEY!__D Weld County Planning Dept. APR 1 6 2001 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. 4o/- /150 2 'EXHIBIT (ydi,o-a tZoot'1 6880 SOUTH YOSEMITE CT. #150 • ENGLEWOOD, CO 80112 PHONE_ 10i 290.0303 • FAY_ ills-290-8008 crmca COLORADO READY MIXED CONCRETE ASSOCIATION iiir April 13, 2001 Board of County Commissioners Weld County Colorado 915 10`h 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, Alie0elie Paul Schauer, Managing Director 6880 SOUTH YOSEMITE CT. #150 • ENGLEWOOD, CO 80112 PHONE'. i0i-290-0303 • FAX'. 311i-290-8008 . NOTES TO CAROL: - 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 3'" 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 2n° 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.B.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. 2 'UMW 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 ,orstudies or reports corripfeted-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 redommeridatigns of the instituteof Transportation Engineers, the Federal highway Adinistrationfand=the United States Department of Transportation. Clarification Effort: Delete proposed 23-3-30 K.8. and replace with the following: 23-3-30-IC 8 A TEMPORARY Accessory STRUCTURE shall not be a►lowed to become in a state of disrepair. Such disrepair may include a TEMPORARYLAccessory STRUCTURE that is partially or totally damaged_by fire, earthquakewincor other naturaFcauses,or is in a state of general dilapidation7deterioration;_or dscayresultinpfrom imp[oper lack of maintenance,vandalism or infestation with vermin or rodents.An‘suctfTEMPORARY Accessory STRUCTURE shall be restored to and maintained:in original conditionit was in at the time it was placed on the site as established bythe original inspection b i the Bailding Inspection Department, or it shall be romp- ved4ibm s* 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 areastd that-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. Amend definitions in 24-140: NOTE: Cl IOULD TI IC DE1INITION or 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 Cubdiviaion and Cection3 22 2 70, 22 2 80, 22-2-90, (urbait goals); 22-2-160, 22-2-170, (residential goals); 22-2-180, 22-2-190, 22-1-200, (r UD 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); 27-2-190, (urban); 27-2-210, 27-4-20 E 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. Definitions. • ;,,ttn0,t a,,,i-u,,,,,,,oti . . -Transition-Zone: Conservation Area. Environmentally sensitive areas with chara,tcristic3 such as steep-slopes, • • conservation areas. Areas such as wetlands and their buffers; conservation areas, allow public access. These 3pac 3 shall 3crvc a Public Purperc by providing f.,r the prot0 ton of enviro, mentally sensitive la.ids, agricultural pra..,tiees, and scenic areas or corr;dors. botanically unique. equestrian trail that pr.,vid..3 3cCnlc Vi3t33 OVer Water, acnrz3 expan3 3 of land, such as Wetland. An area that is inundated or saturated by surface water or groundwater at a 2. In lieu of thc pr 3crvation of land for common opcn 3pacc and subject to thc discretion of the equal numbcr of acr 3 at a different site. Ouch publi entity shall poascSs the authority to hold land for public purpose. Should th5 dweloperaela.t to purchaseland for reduced on Site a. This option does not provide a complete elimination of common open apacew;thin the taken into consideration by the Department of rlanning Services upon a rcv;ew of the application. b. If the in lieu method chosen by the applicant i3 the payment of cash, such value shall be Appraiser through the State Board of Real Estate Appraisers. An approisvrrv;llr 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 arc outlined in Section 26-2-40 of this Code. d. Any area so dedicated shall be approved by the proper public agency unJ-J RAH, 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 rlan application '— 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 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; 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. 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 forr on-site common4open 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 p,opa.ty--u..JcrJcdcl.jN. .h.,.n10.Jc.al..,rat 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 i3 the payment of cash, such value al 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 fees 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 Codc- 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 flan 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. Perfornmartee Standards and Bulk Standards of the proposed zoning district shall be adhered to. Add 27-6-80.8.8 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 shalfinclude, but not be limited to land preservation activities and;trail easements outlined in regionally-accepted masterplans�: 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 shal1be'determined according to-Appendix-#26-E. Land shall be dedicated to a public aqencyfor 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. Individualsite 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 processathe review of:tfi ke ch Plan the Change of Zone applicati..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 Payrrrent she".1.t_made aceordin o the-- o(lowinq formula.=The anticipa a average retaiflot valuefo IF lots inlhe development/phase shattbe multiplied bythe percentage of Common Open-ESpace thtdevelopmenUisproposmg≥to eliminate. f. The amount collected shall be deposited in an escrow a segregated2account upon-recording the Final Plat in tWDepartmentof Planbing.Sennces g. Th m1n " cte ; abbe 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. . Amend Section 23-2-160.W.6.c. Easement Certificates elsewhere are adding a line under the C7 J 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 IC DEFINITION Of Non urban Scale Development and Urban scalc 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 00, 22-2-00, (urLa,r goals); 22-2-160, 22-2-170, (residential goals); 22-2-180, 22-2-190, 22-1-200,-(r'UD 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. Public Works: 4. Section 24-5-25 page 20 add a new last sentence: The design criteria as pre es nted,are intended`to aid in preparation of plans and specifications, and include minimum standards where applicable." These designcriteriaare 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: , orstudies orreports completed by the United States Department of Transportation, or by the Colorado Department of Transportation. 6. Section 24-7-30.A add: Thts=reguirement:rs based upon recommendations of the Institute of Transportation EngineersAhe Federal highway Administration and the United States Department of Transportation. Clarification Effort: 7. Delete proposed 23-3-30 K8. and replace with the following: 23:3-30-KrA TE IPORARY 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. CHAPTER 26 MIXED USE DEVELOPMENT 8. 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. Definitn,n3. • Transition-Zorn • balance or character. • .d cultural f..ulUt..row 1;c v e.rsl eJs-f to rpublic Vc� al .} • l.v ,;duos— botanically unique. 2. In lieu of thc pr scrvation-of land for eommon opcn space and subject to thc discretion of the equal number of acres at a-fffcrcnt--site. Such-public entity shall possess the authority to hold • • application. 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 rc3pon3iblc for all foes 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 othcr lands to be preserved. Details regarding this option arc 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 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 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-C.- Land shall be dedicated to a public agency for one or more essential public purposes. This option ltucSl rut-pi uvhJct Cui ANIctCLIo i m latiui i ufz,uR Amon open space witl Ali l-tl ie-NNNw�} development. This option does provide a reduced amount of common open space based upon the site features of the applicant site. Individual site fcatures 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. 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 payi,,g-hrapubli , 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 rcduccd on 3it0 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 fees associated with the appraisal. b. The amount collected shall be deposited in a segrettate&account to be eApended-W;tld,r-tO,r years from the collection date for common open space, parks, wildlife preserves, riparian areas, hails, or other lands to be preserved. Details regarding this option are outlined in Chapter 2G 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 bricf 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 tee 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 the Sketch-Flan application .. Nt the Changc .,f Z. icapph..ati. .t 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 shall bbe made according to'afie 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 the development is proposing to eliminate. f. The amount collected shall be deposited in an-eserew a segregated account upon recording the Final Plat in the Department of Planning Services. g. The arhount 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 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 Nine'(9)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 bLtzt or mbai ryrowtl r-ei ridura. 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%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'/z) 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 Nine" ,=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 support services such as central water, and sewer systems, road networks, park and recreation facilities and programs, and storm drainage andjitlier similarservtceswhict are typically furnished,by,a municipality. s , a:3tA,GdwL,r„N,.;`.. . _.. s #�„».,nss;:.,,,.,.v,.a»a:.;.W`w:».s,,,wWar��,da:d'uri+�,!:+(".�� i:�,'�,'�ltUw �` 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 APR-24-2001 TUE 10:07 AM EVERITT COMPANIES FAX NO. 19702234156 P. 01/07 4De !ma April 24, 2001 MEMORANDUM TO: WELD COUNTY BOARD OF COMMISSIONERS PROM: STAN Evf ff RE: CODE REVISIONS Attached are my observations and remarks about the Weld County Code Ordinance 2001-1. I hope you will have an opportunity to consider these remarks prior to the meting this Thursday. Thank you. Stan Everitt I EXHIBIT Corporate Offices 3030 South College Avenue•Fort Collins•Colorado•$0525 Moiling Address:P.O.Box 2125•Port Collins•Colorado•80522 Telephone:(970)226-150O•PAX:(970)223 415h APR-24-2001 TUE 10:07 AM EVERITT C0MPANIES• FAX NO. 19702234156 P. 02/07 WELD COUNTY CODE REVISIONS OBSERVATIONS BY STAN EVERITT: • CLUSTER Definition Front Page 2 of 35,Weld County Code Ordinance 2001-1: "CLUSTER: A residential development technique that concentrates individual lots on part of 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 producU. m such as farming and rjmp • g 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 tjrp Right to Farm Covenant, shall be met. A CLUSTER development may be used in URBAN AND NON-URBAN AREAS." REMARKS: The definition for CLUSTER developments seems to imply that nip land not used for lots is to be a"common" owned and managed property. Recreation; 'pen space,environmentally sensitive land protection, is well as agricultural use, shop be allowed on land owned by individual lot owners whose homes may be"clustere4` in the development plan so as to achieve the same outcome. For instance, a subdivisic ,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 'ould be a"bluster" development with conservation casements on 3 lots which would ?,e owned and managed by the individual lot owners instead of common ownership and nr anent. The definition does not seem to allow this. NEW PROPOSED DEFINITION; "CLUSTER: A residential development technique that concentrates individual lots on part of the site to allow the remaining land to be used individvagt or collectively for recreation,open space, and the preservation of cnvirongientally- 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 sgcl 9s fanning and ranching operations for the next forth(40)years. The intent of the A Agricultural Zone District as outlined in Chapters 22,23,24 and 27 pf e Code, including the Right to Farm Covenant,shall be met. A CLUSTER den>!opment may be used in URBAN AND NON-URBAN AREAS." 1 • APR-24-2001 TUE 10 08 AM EVER ITT COMPANIES FAX NO. 19702234156 P. 03/07 • NON-URBAN SCALE DEVELOPMENT: Definition From Page 4 of 35,Weld County Code Ordinance 2001-1: "NON-URl3AN SCALE DEVELOPMENT: Developments comprised of pine(9) or fewer residential lots,located in a non-urban area as defined in Chapter 2,2 of this Code and current Intergovernmental Agreements. NON-URBAN SCALE DEVELOPMENT shall also include land used or capable of being useci fpr agricultural production and including developments which combine clustered residential uses and agricultural uses in a manner that the agricultural prude are suitable for farming and ranching operations for the next forty(40)yogis. NON- URBAN SCALE DEVELOPMENT on PUBLIC WATER and septic systems shall have a minimum lot size of one 0) 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 systcttrs shall have a minimum lot size of two and one-half(2 '/s) 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 SOALE DEVELOPMENT shall also include land used or capable of being yspd for agricultural purposes and including developments which combine clustered residential uses and agricultural uses in a manner that the agricultural jatllis arc suitable for farming and ranching operations for the next forty(40)years NON- URBAN SCALE DEVELOPMENT on PUBLIC WATER and septje systems shall have a minimum lot size.of one(1) acre and an overall gross dp;lis4ty 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 '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 SO-acre agricultural out-lot." 2 APR-24-2001 TUE 10:08 All EVERITT 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,municinal boundaries or urban growth corridors and boundaries. All URBAN SC4R DEVELOPMENTS shall pave the internal road systems of the DEVELOPMENTS. URBAN SCALE DEVELOPMENT requires su ;aort services such as central water, sewer systems,road networks,park an 61 fR:reation 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"close 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 he 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 be"developments exceeding 9 lots,"period. NEW PROPOSED DEFINITION: "URBAN SCALE DEVELOPMENT: Developments exceeding nine(9) tots. All URBAN SCALE DEVELOPMENTS shall pave the internal road systems'of the DEVELOPMENTS. URBAN SCALE DEVELOPMENT requires supper( services such as central water,sewer systems,road networks, park anti regreation 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 cif subdivisions proposing a maximum of 9 lots, excluding those outlots wtrleh;will not 3 1; APR-24--2001 TUE 10:08 AM EVER ITT COMPANIES FAX NO. 19702234156 P. 05/07 be used for residential, industrial or commercial purposes. The minor subdivisj)n process utilizes the minor subdivision sketch plan application process and Ole 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 com;na should be placed between areas and scenic to read: "buffer zones or areas,scenic areas." i I • DESIGN CRITERIA: Chapter 24, SUBDIVISIONS,page 20 of 35, Weld County Code Ordinance ZQOl-1: REMARKS; • On Page 20, Section 24-7-20.A. The second sentence could be deleted and tilt* paragraph would serve the purpose and be less confusing: "The design criteria, as presented,are intended to aid in preparation of p44s d specifications, and include minimum standards where applicable. Tiles e-4sr criteria are-considor«a-minim*N and a complete-design will-require-more thati-is presented. As with any design criteria, the minimum standards may be detemiined 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 thalt%lip access such as circle drives or second access to outbuildings. Rather than limit cap lot to only one access,Public Works should request a lot access plan for each dew opment 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 require 'ito have 5' wide sidewalks instead of 4' wide sidewalks. Ts this necessary? 4 APR-24-2001 TUE 10:09 AN 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 Ys rpp to the full typical section specified in the Weld County Transportation Plan, apd Chapter 24. • On Page 33, Section 27-7-30.3. indicates offsite roadways would have to 1?c n proved to the full typical section specified as above,including the acquisition of ,.Q,W. from offsite property owners. Adjacent and offsite road improvements sbrpu0 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 escribe, in detail,the type of off-site road improvements to determine if the requirement;)r street or highway facilities will be adequate in functional classification,width and structural capacity to meet the traffic requirements. The method of guaranteeing the installation of off-site road improvements shall be described as part of the agreement. The method of guarantee shall conform with the County's policy regarding collateral for iruppuyements at Section 2-3-30 of this Code." CASH-IN-LIEU FORMULA; Definition From Page 31 of 35, Section 27-6-S0.G.8,Item c.t,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 . i • APR-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 average(Iretail lot value"will be at that stage of the process. It is usually the practice of 4Cve(gPers to price their lots only after final approval. Second,it sounds as though the cash-in-lieu is a very high number. If there waaS a 100 acre development of 20 lots and the average anticipated retail lot value wits $7 ,000 per lot,the total lot value would be S1,500,000. If 5%of the common opetl space was used to calculate the cash-in-lieu, this would be a fee of$75,000. Thp tp#al common open space requirement is 15%of 100 acres or 15 acres. 5%of a'+ q,c•es is .75 acres. $75,000 for three quarter of an acre is very high. PROPOSED LANGUAGE FOR CODE: `Payment shall be made according to the following formula: The per square foot appraised value of the undeveloped land multiplied by 3 shall be multiplied by the total amount of Common Open Space land proposed to be eliminated." The latest draft of the third reading still has some issues that do not appear to be resolved: I) As with earlier readings,the definitions of URBAN SCALE and NON-t4 jBAN SCALE Development do not adequately define the types of developtpQp$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 tip acres (2 '/z acre gross density)is URBAN SCALE,especially when contrast41 against typical urban subdivisions that arc two to four lots per acre. Some mg4ifigalions should be made to the definitions,or new categories could be added, 9 ti%ter fit the various circumstances, • 2) The required improvements to adjacent and off-site roads could potem)ially make any PUD unfeasible. Hopefully,this is revised before adoption, 3) The septic system issue continues to be 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,there 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 \ MEMORANDUM To: Monica Daniels-Mika, AICP, Director From: Anne Best Johnson, Long Range Planner COLORADO Subject: Third Reading County Code, continued Date: April 26, 2001 The attached outline attempts to simplify our discussion this morning. Item 1: Urban Scale Development Definition: Applicable Sections 23-1-90; 24-1-40; 27-2-190 Current Code Language: Urban Scale Development: DEVELOPMENTS exceeding five(5)lots and/or located in close proximity to existing PUDs, subdivisions,municipal boundaries or urban growth corridors and boundaries. All urban scale DEVELOPMENTS shall pave the internal road systems of the DEVELOPMENTS. Proposal A: To increase the number of lots. Urban Scale Development: DEVELOPMENTS exceeding f vc (5)nine(9)lots and/or located in close proximity to existing PUDs, subdivisions,municipal boundaries or urban growth corridors and boundaries. All urban scale DEVELOPMENTS shall pave the internal road systems of the DEVELOPMENTS. Proposal B: Add a last sentence. URBTa7SOILME _ PMENTit ires s_Y e qa llppoifservices such ascentral water`and sewer systems load netowrks,park an!recreation fagilitio and programs,and storm drainage. New Definition: Proposals A& B incorporated into existing Code Definition: Urban Scale Development: DEVELOPMENTS exceeding th eO)flvu(5)lots and/or located in close proximity to existing PUDs,subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale DEVELOPMENTS shall pave the internal road systems of the DEVELOPMENTS. URBA1�FSCALE DE GELOPMENT requires suppoFCservices such as central water and-sewer systems,road ietowrks,park and recreation facilities,and programs,and storm drainage. Proposal C: Amend last sentence to allow septic systems in an Urban Growth Boundary. URBAN SCALE DEVELOPMENT requires support services such as central water and , w . syst..lns are sewer systems,road networks,park and recreation facilities, and programs, and storm drainage. Proposal D: Delete a portion of a sentence to allow a greater concentration of Non-Urban Scale Development in Urban Areas without following Urban Scale Procedures. and/vm lv.,aLL,d in duo.. p.vni.iuty iv.,Aioting PUDs, subdivisions,,uuun,ipal bvuulaikb vi ullcan gaywtic ui c.dv1 o and buundai iCs. New Definition: Proposals A-D incorporated into existing Code Definition: Urban Scale Development: DEVELOPMENTS exceeding nine(9)five (5)lots a,nl/em locat.,d in clu,.. UDs,subdivisions, municipal bukulal is vm am ban gm gib th co..idol,and bonndaries—All urban scale DEVELOPMENTS shall pave the internal road systems of the DEVELOPMENTS. URBAN SCALElDEVELOPMENT requires support services such as central waterand-,sewer systems,road networks,park and recreation facilities,and programs,and storm drainage: EXI, ien SERVICE,TEAMWORK,INTEGRITY,QUALITY a Item 2: Non Urban Scale Development Definition, Sections 23-1-90; 24-1-40; 27-2-140 Current Code Language: NONURBAN SCALE DEVELOPMENT: Developments comprised of five(5)or fewer residential lots, located in a nonurban area as defined in Chapter 22 of this Code,not ADJACENT to other PUDs, subdivisions, municipal boundaries or urban growth corridors. NONURBAN SCALE DEVELOPMENT=on PUBLIC WATER and septic systems shall have a minimum lot size of one(1) acre and an overall density of two and one-half(2%) acres per septic system. NONURBAN SCALE DEVELOPMENT proposing individual,private wells and septic systems shall have a minimum lot size of two and one-half(2%) acres per lot. Proposal A: To increase the number of lots. NONURBAN SCALE DEVELOPMENT: developments comprised of five(5)nine(9)or fewer residential lots. . . Proposal B: To decrease overall acreage requirement,amend second sentence. NONURBAN 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%z) acres per septic system. Proposal C: To add new second sentence for consistency with IGA Definition of Non Urban Scale Development. NON`f7RBAN SCALE DEVELOPMENTfahallilso include land used&iapable of being used for agricultural production aid-including development which combine clustered residential uses and agricultural uses in'a manner that the agricultural With are suitable'for farming and ranching operations for the next forty (4years. Proposal D:_ Add a new second sentence. Chapter 2Zof .,the COMprehensiv w anOhaptef Proposal E: Allow greater concentration of Non Urban Scale Development,previously equated as an evasion of Subdivision Regulations located in a nonurban area as defined in Chapter 22 of this Code, auLd.vw.v m .uu a .}al LounJducs o. I..Lan s.o0#tl.co. s. Proposal F: Add new last sentence to allow concentration. - __ NON=URBAISCALE PUD preserving a minimum 80-ac-re agricultural out-lot may be located adjacent to other NON-URBAN-SCALE PUD's`which'also preserve-a 80-acre agricultural out-lot. New Definition: Proposals A-D incorporated into existing Code Definition: NONURBAN SCALE DEVELOPMENT: Developments comprised of five (5)nine(9 or fewer residential lots,located in a nonurban area as defined in Chapter 22 of this Code, vt6o..PUDs, ru..nipalLoumla.itsolt what.g.o.Ntl. Cm,:do.s Chapter 22 ofthirGode is the Comprehensive Plan Chapter. NON-URBAN SCALE DEVELOPMENT shall also include land used or capable of being used°for agricultural production and including development 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 grossdensity of two and one-half(2'/:) acres per septic system. NONURBAN SCALE DEVELOPMENT proposing individual,private wells and septic systems shall have a minimum lot size of two and one-half(2%) acres per lot. NON-URBANSCALE PUD preserving a minimum 80-acre agricultural out-160=y be located adjacent to other NON-URBAN SCALE PUD's which also preserve a-minimum 804cre agpltnral out-lot SERVICE,TEAMWORK,INTEGRITY,QUALITY Item 3: Major and Minor Subdivision Lot Threshold, Sections 24-1-40, 24-3-10 Current Code Language: Minor subdivision: A procedure for subdividing a tract of land being divided into no more than five(5) lots. Sec. 24-3-10. The minor subdivision procedure is a process for development and review of subdivisions proposing a maximum of five(5) lots, excluding outlots which will not be used for residential, industrial or commercial purposes. The minor subdivision process utilizes the minor subdivision sketch plan application process and the minor subdivision final plat process of this Chapter. Proposal: Increase the number of lots allowed in a Minor Subdivision Process. Minor subdivision: A procedure for subdividing a tract of land being divided into no more than five(5) nit j lots. Sec.24-3-10. The minor subdivision procedure is a process for development and review of subdivisions proposing a maximum of five (5)nixie(9), excluding outlots which will not be used for residential, industrial or commercial purposes. The minor subdivision process utilizes the minor subdivision sketch plan application process and the minor subdivision final plat process of this Chapter. Additional items may be discussed from citizens attending the third reading on April 30. Such issues may include the following sections: Section 24-7-20.A.; 24-7-20.A.6; 24-7-30; 24-4-20.E.16; 27-7-30.J; 27- 6-80.G.8.c.1; For further elaboration on these issues,please refer to a memo from Stan Everitt to the Board of County Commissioners dated April 24,2001. Mr.Fred Walker has indicated he will make comments regarding Section 24-8-80.M. SERVICE,TEAMWORK,INTEGRITY,QUALITY WHITE © HAPPY POINTER SCISSORS FACE STAR 0 CLOCK ci5 VICTORY a 0 PHONE DIAMOND CLOVER OD HAND - FLOWER WRITER POWER PENCIL DARK X MARKS SCISSORS THE SPOT HEART c/ CHECK C MULTI- MARK ARROW POINT STAR SNOW ® TAPE + JET FLAKE DRIVE PLANE ti LXHIRIT adtav,- Item 1: Urban Scale Development Definition. Applicable Sections 23-1-90; 24-1-40; 27-2-190. Current Code Language: All Proposed Changes: URBAN SCALE DEVELOPMENT: URBAN SCALE DEVELOPMENT: DEVELOPMENTS exceeding five (5) lots DEVELOPMENTS exceeding '[nine (9) and/or located in close proximity to existing f,ru(5)].6a lots Maiailui lukat.al ill aim., PUDs, subdivisions, municipal boundaries or Ineximily to existing PUDb, subdivisions, urban growth corridors and boundaries. All iuuun,ipal buundcui�a .,. u,Lau siuwllt urban scale DEVELOPMENTS shall pave the vo1,idnis and bounclaiu,.]e All urban scale internal road systems of the DEVELOPMENTS shall pave the internal DEVELOPMENTS. road systems of the DEVELOPMENTS. ©[URBAN SCALEDl3VELOPMENT requires support services such as central water *[,and]* sewer systems,road networks, park and recreation facilities;and programs, anti storm ramage]O p[(This definition does not affect or apply to those Coordinated Planning Agreements between Weld County and municipalities which are in effect as of May I4, 2001:)]e Order of Consideration: irat Proposal A: Amend first sentence to increase number of lots from 5 to 9. c Proposal B: Delete portion of first sentence. Stan Everitt and Todd Hodges. - 0 Proposal C: Add third sentence. - * Proposal D: Amend third sentence to place comma after"water" and delete word"and." 0 Proposal E: Add final sentence. - Changes Previously Made at First 3 Readings of Code Ordinance 2001-1: or, 0, *. 1 Item 2: Non Urban Scale Development Definition. Applicable Sections 23-1-90; 24-1-40; 27-2-140. Current Code Language: All Proposed Changes: NON-URBAN SCALE DEVELOPMENT: NON-URBAN SCALE DEVELOPMENT: Developments comprised of five (5) or fewer Developments comprised of Mfivc (5)nine residential lots, located in a non-urban area as (9)]'' or fewer residential lots, located in a defined in Chapter 22 of this Code, not non-urban area as defined in Chapter 22 of ADJACENT to other PUDs, subdivisions, this Code Oland current Intergovernmental municipal boundaries or urban growth Agreements]0 ffi[, not ADJACENT to other corridors. NON-URBAN SCALE PUDs, suLd;visio„s, nilxni�iyal Lvuudai vi DEVELOPMENT on PUBLIC WATER and uLLau gluvvth ..;dun.]ffi $[(Chapter 22 of septic systems shall have a minimum lot size this Code is the Comprehensive Plan of one (1) acre and an overall density of two Chapter.)]$ 0[NON-URBAN SCALE and one-half(2%) acres per septic system. DEVELOPMENT shall also include land NON-URBAN SCALE DEVELOPMENT used or capable of being used for agricultural proposing individual, private wells and septic [production purposes] and including systems shall have a minimum lot size of two development which combine clustered and one-half(2%z) acres per lot. 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 ]0 NON-URBAN SCALE DEVELOPMENT on PUBLIC WATER and septic systems shall have a minimum lot size of one (1) acre and an overall (2[gross]a, 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. e4A 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. ' Order of Consideration: Proposal A: Amend first sentence to increase number of lots from 5 to 9. - 0 Proposal B: Amend first sentence to refer to "current Intergovernmental Agreements." - ffi Proposal C: Delete portion of first sentence. Stan Everitt and Todd Hodges. Proposal D: Add new sentence. Fred Walker or Stan Everitt. 0 Proposal E: Add new sentence. Proposal F: Amend second sentence to decrease overall acreage requirement. Proposal G: Add new last sentence. Proposal H: Delete word"production" and add word "purposes." Stan Everitt. Changes Previously Made at First 3 Readings of Code Ordinance 2001-1: ', 0, ffi, 0, ©, A. 2 Item 3: Minor Subdivision Lot Threshold. Applicable Sections: 24-1-40 introduction; 24-3-10 introduction; 24-3-10.B.; and 24-3-60.I.14. Current Code Language: All Proposed Changes: Minor subdivision: A procedure for Minor subdivision: A procedure for subdividing a tract of subdividing a tract of land being divided into land being divided into no more than five (5) no more than ma [ftve lots. (53 nine (9)]°i lots. Sec. 24-3-10. The minor subdivision Sec. 24-3-10. The minor subdivision procedure is a process for procedure is a process for development and review of development and review of subdivisions proposing a subdivisions proposing a maximum of five (5) lots, maximum of '[fivc (5)nine excluding outlots which will ()]`za, excluding outlots not be used for residential, which will not be used for industrial or commercial residential, industrial or purposes. The minor commercial purposes. The subdivision process utilizes the minor subdivision process minor subdivision sketch plan utilizes the minor subdivision application process and the sketch plan application process minor subdivision final plat and the minor subdivision final process of this Chapter. plat process of this Chapter. 'w[Sec.;24-310.B and 24-3-60.1,14-. will need to reflect the change from 5.to 9 lots-Pi' a� Proposal: Increase the number of lots allowed in a Minor Subdivision Process from 5 to 9. Changes Previously Made at First 3 Readings of Code Ordinance 2001-1: None. 3 Item 4: Recorded Exemption Standards. Applicable Section: 24-8-80. Fred Walker. Current Code Language: All Proposed Changes: Recorded exemption standards. Recorded exemption standards. A recorded exemption application shall A recorded exemption application shall comply with all of the following standards: comply with all of the following standards: Currently ends with "J." ®[K. Adequate Provision has been made to protect irrigation practices,the flow of irrigation water,and access td the irrigation . systerrm. L. ke-deeisi �e . jecorded xempuvn shall mitigate impacts of additional accesses to Weld County.Roads. piatciOcut of boildijig LiivJOpcb and alLiiiat1vc loculiuit-fur a • IC ..t to TIC liulfacts on flit cuircat and. fiputun.astlLultwal lhlnluutavu of tin.. Paled,.]`]® Order of Consideration: - ® Proposal A: Add items K., L., and M. Proposal B: Delete item M. - Changes Previously Made at First 3 Readings of Code Ordinance 2001-1: ®. 4 Item 5: Introductory Paragraph. Design Standards. Streets. Applicable Section: 24-7-20.A.; 24-7-20.A.6. Stan Everitt. Current Code Language: All Proposed Changes: A. All streets within major subdivisions A. X[The design criteria, as presented, are and planned unit developments will be paved intended to aid in preparation of plans and in accordance with the following standards: specifications, and include minimum standards where applicable, 2[Tllesc dL-sig,t Lratci za& c.consadcted ulitw(ttl„It aixtl a LVlltt)llvtt•.r d4Jag11 will t ..gtnly'i',utn than la presented.]d 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;deternvning appropriate standards for site- specific applications]X All streets within subdivisions and planned unit developments will be cl[designed and constructed paved]tl in accordance with the following standards: 6. Driveways. Driveways shall not be permitted to have direct access to arterial streets. '[Ollly pL.11llttl.d per Hew lut. The applicant shall submit to the Depart ment of Public Works a lot access plan which shall state the number of potential access points for each letTh All driveways shall be off the internal subdivision road system. Order of Consideration: - X Proposal A: Add 4 new sentences. Proposal B: Delete second added sentence. - d Proposal C: Add "designed and constructed" to last sentence. Delete "paved" from last sentence. —1 Proposal D: Delete second sentence from A.6. and add new second sentence. > Changes Previously Made at First 3 Readings of Code Ordinance 2001-1: X, cf. 5 Item 6: PUD Final Plan: Step Three. Requirements for Submittal. Applicable Section: 27-7-30.J. Stan Everitt. Current Code Language: All Proposed Changes: The following completed information is The following completed information is required for the final plan. The Director of required for the final plan. The Director of Planning Services has the discretion to waive Planning Services has the discretion to waive information not deemed necessary by the information not deemed necessary by the Department of Planning Services. Department of Planning Services. J. A separate off-site road improvements J. A separate off-site road improvements agreement proposal. The off-site road agreement proposal. [ O[All d..Jelupiui.ut improvement proposal shall describe, in uitliit a PUD Zone Distiictsl:all pr©VidL a detail, the type of off-site road improvements to determine if the requirement for street or iy.vJe a.ljaGoat roadway. tti ni,c1ttl.e-fall highway facilities will be adequate in ty ,;.al ocvti ...,,f..d t'tl}..1Aklil C.,r uiy functional classification,width and structural capacity to meet the traffic requirements. The hnp.ovc i.ci.ta.iu y lad a&.the eo..staction method of guaranteeing the installation of off- of tfdv�l la.}tea, 5lietilil�rs, la.,cs site road improvements shall be described as i.i�d4: � U,gultyi ku.J�id�Wat>;�, f�. part of the agreement. The method of az..pl R quiIcd iu.inoVybleats luny alpv guarantee shall conform with the County's in Jud.,tl4 a.quiiti.i.of,iglit?-i,f-;Nay all policy regarding collateral for improvements . t�uctioi�ta�c.didts that Wll•be ckdtcattd at Section 2-3-30 of this Code. to di.,pul lic.]O The Road Improvements Agreement and Roadway Construction Plans shall be accepted by the Board'ofCounty 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 guaranteeing the installation of off- site road improvements shall be described as part of the agreement. The method of guarantee shall conform with the County's policy regarding collateral for improvements at Section 2-3-30 of this Code. Order of Consideration: Proposal A: Add 4 sentences. Proposal B: Delete first three added sentences. Changes Previously Made at First 3 Readings of Code Ordinance 2001-1: *. 6 Item 7: PUD Development Plan Requirements. Component Two - service provision impacts. Applicable Section: 27-6-50.B.11. Stan Everitt. Current Code Language: All Proposed Changes: B. Duties of the Department of Planning B. Duties of the Department of Planning Services. The Department of Planning Services. The Department of Planning Services, Public Works and other County Services, Public Works and other County agencies are responsible for determining if agencies are responsible for determining if adequate service provisions will be available adequate service provisions will be available for the proposed PUD development. The for the proposed PUD development. The Department of Planning Services will utilize Department of Planning Services will utilize the development guide for assessing each of the development guide for assessing each of the following service provision impacts. The the following service provision impacts. The applicant shall submit an explanatory applicant shall submit an explanatory statement as to how the PUD development statement as to how the PUD development will plan for and accommodate the following will plan for and accommodate the following impacts: impacts: Currently ends with "10." *[11. Structural Road Improvements Plan. O[All deyslop 11cilt'within PUD Zuni. the applicant iiitcnds'to intrin %e adjacvllt luadway,to iiioo�!t(�tin full typigal avvtiuu spev1fed YY in the as Cotuty'Tianapvltation Plait cold Cl al twr 24 of this Cody.. fultliovciuriits'111dy tII4lUdo tlic-Coirntl uohull of tia4Gl la c,,slioul lcIs,11ikc lanes, 111,44;14a,ow L1,sµttoi and Oidetwall s, Rn Laaluylv,..I vyullvd uuyiuvciucutt iva)^and lucludv tlic acquisition of ilslilwf vvay and tiuustittvtivu vasotuvuts that *ill he dcd.catvd to thy public] ) The Road Improvements Agreement and Roadway Construction Plans shall be accepted by the Board of County Commissioners:]* Order of Consideration: - Proposal A: Add new item "B.11." #? Proposal B: Delete first three added sentences. Changes Previously Made at First 3 Readings of Code Ordinance 2001-1: . 7 Item 8: Planned Unit Development. Development Guide Requirements. Component Five - common open space usage. Open Space Regulations. Applicable Section: 27-6-80.B.8.e.1. Stan Everitt. Current Code Language: All Proposed Changes: None. ®[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. 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 shall be made according to the following formula: The nuiti.ipatL,d n.tail l t __ hits iii tl,., d.,e Lluyua.ut/phaai,per square foot appraised value of the undeveloped land multiplied by 3 shall be multiplied by the percentage total amount of Common Open Space the devclupine„t :s piupuaiiig to land proposed to be;eliminate .]4- I® Order of Consideration: ® Proposal A: Add all of B.8. Proposal B: Make changes to B.8.e.l. -* Changes Previously Made at First 3 Readings of Code Ordinance 2001-1: ®. 8 RE: ORDINANCE NO. 2001-1 PAGE 29 expended within ten years from the collection date for common ope:, space, parks, wildlife preserves, riparian areas, trails, or other land' preserved. Details regarding this option are outlined in Section 26 of this Code. d. Any area so dedicated shall be approved by the proper public agen shall be maintained by the public agency. A written agreement to t effect shall be provided to the Department of Planning Services at 1' time the Sketch Plan application is submitted. The agreement shat' indicate the agency's readiness and ability to accept the land dedic or conservation easement. A brief statement regarding the mainte of the property shall also be provided. Failure to provide this inforn may result in the Department of Planning Services inability to accepi LI IC 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. Ate-t gwrc� Add 26-2-80.C.4. Structural Road Improvements. Adjacent roadways shall betprovedto meet the full typical section specified in the Weld County Transportation Plan and Chapter 24 of this Code. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be de icated to the public. Improvements attributed to the developmentshall be consistent with th direct- pact a • rticular deva n the count roads stem The Road Improvements Agreement and Roadway Construction Plans shall be accepted b the Board of County Commissioners. lib de_L ee cct;.,cd loy Q -1-,ra -.4 fre'\-+e� CHAPTER 27 6 (-cued 6`/ -kLA . Qc.?Qctt«-em,t PLANNED UNIT DEVELOPMENT o tea h 1'` 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. ig EXHIBIT ZG emj 42O1/4 CAROL Harding -wsnotes.vds.wpd Patti WORK SESSION NOTES:Aoril 26,2001 Commissioners Mike Geile,Glenn Vaad,Bill Jerke,Rob Masden Absent:Commissioner Dave Long Staff:Vicky Sprague County Code Ordinance Amendments: Don Warden, Bruce Barker, Lee Morrison, Drew Scheltinga, Monica Mika, Anne Johnson, Julie Chester, Carol Harding,Esther Gesick, Pam Smith Fred Walker,Todd Hodges,Stan Everitt The purpose of this meeting was to review proposed amendments to Code Ordinance 2001-1 prior to the third reading in the April 30 board meeting. The board discussed amendments including the number of lots allowed in a non-urban subdivision and changing urban scale development requirements regarding central water and sewer systems. The board directed staff to present a list of clearly written amendments at the April 30 meeting for the commissioners to review one at a time. Staff will also make available to the public what they intend to submit to the board for the April 30 discussion. There will be an opportunity for public comment during the meeting. cc: Commissioners '.. Don Warden Clerk to the Board County Council Bruce Barker Lee Morrison Drew Scheltinga Monica Mika Anne Johnson 4 lumen P1/4{:sk Cate_0rd 4a391-1 Hello