HomeMy WebLinkAbout20010729 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Ordinance 197-A
APPLICANT: Weld County
PLANNER: Anne Best Johnson
REQUEST: Amendments to the Planned Unit Development Ordinance. Substantial Changes shall
include additions to the Definition Section, Cluster PUD procedure, and Public Water and
Sewage Disposal additions. Other amendments include document-wide renumbering,
spelling corrections,type face,and alignment for consistency.Amendments to the Planned
Unit Development Ordinance. Substantial Changes shall include amendments to Section
2.5 and 6.4.5 to cover substantial changes to the Open Space requirement including a land
dedication or cash-in-lieu option.
be recommended favorably to the Board of County Commissioners for the following reasons:
Page 1-2 of the Comprehensive Plan, Item 2, Weld County Ordinance 147P:
A. The petitioner shall pay for the cost of legal publication of the proposed amendment and all
land use application fees.
Weld County shall pay for the cost of legal publication.
The following items shall be submitted as part of the proposed amendment:
(1) A statement describing why the comprehensive plan is in need of revision.
(2) A statement describing how the proposed amendment will be consistent with existing and
future goals, policies, and needs of the County.
The Planned Unit Development Ordinance amendments proposed herein are necessary to allow
an alternative method for property owners and developers to apply flexibility in developing land.
The additional objectives of the PUD Ordinance shall be met,as outlined in Section 1 of the Planned
Unit Development Ordinance.
Unless it is noted otherwise,added Section do not replace current sections. Document-Wide renumbering
shall occur accordingly.
Minor Changes
Repagination,grammatical changes,changing the case of letters of words within this document for County-
wide consistency, and to correct agency names after the agency has changed names.
Alignment of Table 27-1
Add numbering to information in Table 27-1 for consistency as follows:
Table 27-1 TOTAL: Specific Guide 150- 180 days
Conceptual Guide 150 - 195 days
Addition of Section 27-3-40:
27-3-40 GeneralRequirementforCollateral-The policy on Collateral as outlined in the Weld
County Administrative Manual shall be followed.
2001-0729
RESOLUTION 197A
Weld County
Page 2
Period replacing commas or semicolons and the addition of periods:
Section 27-1-10 Al 1, delete"And" in Section 27-1-10 Al 1, Page 2
Sections 27-4-30 B1 -27-4-30 B12, delete"And" in Section 27-4-30 B12, Pages 10- 11
Sections 27-6-30 A-27-6-30 H, delete "And" in Section 27-6-30 G, Pages 14-15
Sections 27-6-40 B1 -27-6-40 B18, add periods, Pages 15- 16
Sections 27-6-50 B1 -27-6-50 B4, add periods, Page 16
Section 27-6-80 B1 -27-6-80 B6, add periods, delete "And"in Sections 27-6-80 B5 and
27-6-80 B6a, Page 19
Sections 27-6-90 Bla -27-6-90 B1 c, add periods, delete"And" in Section 27-6-90 Ble, Page 21
Sections 27-9-20 Ll -27-9-20 L4, add periods at the end of each Section, with the exception of
Section 27-9-20 M
Miscellaneous Minor Amendments
Section 27-2-60,third sentence add comas around phrase",except for those containing residential USES,"
Section 27-2-60, fourth sentence replace"proportioned according"with the word "proportional"
Section 27-6-120 B6h to read, "Consistency exists between the proposed Zone District(s) USE(S)
and the Specific or Conceptual Development Guide. The comma after the word
"District(s)" shall be deleted.
Minor Change
Component 2: Addition to Section 27-6-90 F to be consistent with the Comprehensive Plan
27-6-90 (F) (5) Signs or components of signs that change physical position or light intensity by any
movement or rotation of the physical sign or components which make up the sign or which
give the visual impression of movement or rotation.
Minor Change
Component 3: Additions to application procedures for consistency with current policy add new 27-4-20 E;
new 27-5-30 E.
The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer
showing no delinquent taxes for the parcel area.
Additions to application procedures for consistency with current policy add new Sections 27-5-30 F;27-5-30
G; 27-5-30 H; 27-5-30 I.
27-5-30 F The applicant shall submit to the Department of Planning Services a copy of an agreement
with the mineral owners associated with the subject property. Such agreement shall
stipulate that the oil and gas activities on the subject property have been adequately
incorporated into the design of the site,OR shall provide written evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owners on the subject
property.
27-5-30 G 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.
27-5-30 H The applicant shall submit to the Department of Planning Services a copy of an existing
easement or dedicated right-of-way when it is contiguous to an easement or right-of-way
of the proposed PUD.
RESOLUTION 197A
Weld County
Page 3
27-5-30 I The applicant shall submit to the Department of Planning Services an erosion control plan,
if required as a result of a Sketch Plan requirement.
Minor Change
Component 4:Mineral Owner/Lessee Notification. Current Section does not provide adequate procedures.
This was amended with Zoning Ordinance 89KK. Amending PUD Ordinance allows for consistency in all
Weld County Planning Documents.
Amendments to Section 27-5-30 C; Section 27-7-30 M.
An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records of the
Weld County(or adjacent County)Clerk and Recorder,and shall be current as of a date no more than thirty
(30)days prior to the date the application is submitted to the Weld County Department of Planning Services.
Minor Change
Component 5:Notification clarification. A 14-day publication notice is required for regular zone changes and
subdivision final plats. The PUD Ordinance,Sections 27-6-120 B3 and 27-7-40 B3c dictate a 15 day notice
prior to hearing for PUD Final Plans. It is unclear if the 15 day requirement was made arbitrarily to
correspond with the 15 day requirement for PUD mailing requirements. According to Attorneys Barker and
Morrison, the 15-day requirement does not appear to be a statutory requirement, and may therefore, be
modified to a 14 day requirement.
Sections 27-6-120 B3, 27-7-40 B3c shall be amended to have a 14 day publication notice rather than a 15
day publication notice.
Minor Change
Component 6: Amendments at the request of the Department of Public Works.
The addition of Section 27-2-150. Subsequent sections shall be renumbered accordingly.
27-2-150 Parking Lot Surface - Parking lot surface and construction shall be compatible with the
surrounding development.
Substantial Changes
Component 1: Additions to the definition section. Renumbering shall occur for consistency.
27-2-80
CONSERVATION EASEMENT-An encumbrance upon an identified parcel of land stipulation 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.
Amend the definition of"Non-Urban Scale Development" on page 4, and "Urban Scale Development"on
page 5, to incorporate definition in current IGA:
27-2-140
NON-URBAN SCALE DEVELOPMENT - Developments comprised of eight (8) or fewer residential lots,
located in a non-urban area as defined by the Weld County Comprehensive Plan, 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 systems shall have a minimum lot size of one
RESOLUTION 197A
Weld County
Page 4
(1) acre and an overall gross density of two and one-half (21/2) 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(21/2)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.
27-2-190
URBAN SCALE DEVELOPMENT- Developments exceeding eight(8)lots 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, and storm drainage.
Substantial Changes
Component 2: Addition of a Cluster PUD Option to allow flexibility allowed by State Statute.
CLUSTER PUD-A CLUSTER PUD is a division of land creating single family residential parcels less than
thirty-five (35) acres each pursuant to the CLUSTER PUD process. A minimum of two-thirds of the total
area of the tract shall be reserved for contiguous land preservation. The density of a CLUSTER PUD shall
not exceed two(2)residential units for each thirty-five(35)acres. The CLUSTER PUD option requires the
preservation of land for agricultural purposes, view corridors, or wildlife habitat or critical areas. This
preserved land shall not be developed for at least forty(40)years from the date the final plan is approved.
Addition of Section 27-3-40:
27-3-40 The intent and standards of the CLUSTER PUD are located in Section 27-10-10 of this
Ordinance.
Addition of Section 27-10-10:
27-10-10 CLUSTER PUD
27-10-10 Intent
27-10-10 A To recognize the current 35-acre exemption law and implement the provisions of
30-28-401,et.seq.,C.R.S.,the definition of"Rural Land Use Process"found in 30-
28-402, et. seq., C.R.S., and the conditions for Cluster Development found in 30-
28-403, et. seq., C.R.S.
27-10-10 B To preserve and protect critical areas in the County by recognizing inherent
qualities of individual properties. Such qualities may include agricultural land,
regional preserves, parks and trails, distinctive landscapes, ecosystems, riparian
zones,wetlands,ecosystems,view corridors,water-sheds,wildlife habitat,historic
and archeological sites,and to encourage development respectful of these inherent
qualities.
27-10-10 C To encourage development which fosters continued agricultural land uses and
protects the County's rural character, agricultural heritage, and the character of
existing communities while recognizing private property rights.
27-10-10 D To recognize Weld County's Right to Farm and W. Goal 3 in the Comprehensive
Plan, the Zoning Ordinance, and applicable County ordinances in effect.
27-10-10 E To promote the goal of contiguous land preservation.
27-10-10 F To develop new methods and incentives to encourage the retention of agricultural
and critical lands as productive, non-renewable resources.
RESOLUTION 197A
Weld County
Page 5
27-10-10 G To consider the impact of the development on infrastructure and the environment.
27-10-10 H To encourage partnerships of the public/private communities to retain the County's
rural character.
27-10-10 I To respond to the needs of the agricultural land owner.
27-10-10 J To evaluate the impact on surrounding properties.
27-10-10K To establish rural development standards while encouraging innovative subdivision
design technologies.
27-10-10 L To recognize and respect both individual rights and community interests and values
when development is proposed.
10-10-20 Standards
27-10-20 A If the CLUSTER PUD is proposed on agricultural lands, the land shall be currently
used or capable of being used for agricultural production such as farming and
ranching operations for the next forty(40)years from the date of final approval.
27-10-20 B The Outlot shall be restricted to operations and be free from development for any
other uses for a period of forty (40)years from the date of final approval.
10-10-20 C A minimum of 2/3 of the total area of the tract must be reserved for the preservation
of contiguous land.
10-10-20 D The Outlot may be used for all agricultural uses by right,as passive view corridors,
recreation,or the preservation of environmentally-sensitive features such as wildlife
habitat, or critical areas.
10-10-20 E Public access to the Outlot is not a requirement. The Outlot may be substituted for
the COMMON OPEN SPACE requirement used in the traditional PUD application.
10-10-20 F The intent of the Agriculture(A)Zone District as outlined in the Zoning Ordinance
and the Comprehensive Plan, including the Right to Farm Covenant,shall be met.
10-10-20 G A CLUSTER PUD may be used in URBAN and NON-URBAN AREAS. A
CLUSTER PUD shall follow the procedures as outlined in this Ordinance.
10-10-20 H The number of single family residential units must not exceed two(2)per thirty-five
(35)acre increment. The residential lots created by this option may not be further
subdivided in the future. This ratio is illustrated in the table below.
Table 27
Combined Size of Size of Agricultural Outlot
Initial Parcel Size Total Number of Residential Building Site (OPEN SPACE) in Acres
in Acres Residential Lots Site
80 4 26.6 acres 53.3 acres
160 9 53.3 acres 106.6 acres
240 13 80 acres 160 acres
320 18 106.6 acres 213.3 acres
Additional The equivalent of 2 The equivalent of one- The equivalent of two-thirds
increments of 80 Residential Lots per third of the entire site of the entire site acreage
acres, not to 35 acres not to acreage
exceed 640 acres exceed 36
Residential Lots
27-10-30 Application Process and Time Parameters
27-10-30 A The CLUSTER PUD is a three-step process following the established PUD process
of this Ordinance.
Substantial Changes
Component 3: Section 27-2-210 amendments and a new Section 27-2-220 at the request of the Weld
County Department of Public Health and Environment pertaining to sewage disposal.
27-2-210 Water Provisions-A PUD Zone District shall be served by an adequate water supply. All PUD's
shall be served by a PUBLIC WATER system as defined in this Ordinance. An exception may
be granted eight lot 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 the Ordinance.
A PUD not served by public water shall preserve a minimum 80 acre agricultural out-lot. The
Department of Planning Services and the Weld County 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.
27-2-220 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 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 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 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 Home Owners Association, etc.), who will
perform each of the various parts of the plan, and enforcement provisions.
Substantial Changes
Component 4: The PUD Ordinance does not contain information on vested rights as that language
remains in §90 of the Weld County Zoning Ordinance. However, final plat phases of PUDs approved by
staff are not eligible to obtain vested rights due to the hearing requirement. If someone wants to have
vested rights, protection must come from the final plan hearing process. To accomplish this, legal counsel
proposed the following language in January, 2000 to members of the Planning Commission. These
amendments were passed by the Planning Commissioners in January,2000 but have not been heard before
the Board of County Commissioners. These proposals do not require a vote of the Planning
Commissioners, as they were previously approved.
RESOLUTION 197A
Weld County
Page 7
Section 27-7-40 D2a
In the event that it is determined that the Final Plan submittal is not consistent with the previous Sketch Plan
and Change of Zone submittals, or if a Conceptual Development Guide was submitted for the Change of
Zone application,or if the applicant has requested the creation of a site specific development plan pursuant
to the Colorado Vested Rights Act and § 90 of the Weld County Zoning Ordinance, the Board of County
Commissioners shall hold a public hearing to consider the Final Plan application and to take final action
thereon. The Board's decision shall consider the recommendation of the planner, referral agency
responses,and the application case file to determine compliance with Sections 27-7-40 D2a through 27-7-
40 D2h of this Ordinance.
Section 27-6-120 B6h
Consistency exists between the proposed Zone District(s); USES, and the Specific or Conceptual
Development Guide and concerns identified in sketch plan comments provided pursuant to § 4.4 of this
Ordinance have been adequately addressed.
Section 27-4-50
Major Changes to a Sketch Plan: Major changes from a reviewed Sketch Plan may require resubmittal of
a new Sketch Plan for the site. 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 be required prior to submittal of an application for a PUD
zone change and the "application,"for purposes of compliance with 24-68-102.5, shall be the application
for the amended sketch plan.
Substantial Changes
Component 5: Section additions at the request of the Weld County Department of Public Works
New PUD Section 27-4-20 E8 (Renumber accordingly)
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 the Subdivision Ordinance. 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 Road
Improvements Agreement and Roadway Construction Plans shall be accepted by the Board of County
Commissioners.
New PUD Section 27-6-50 B6 (Renumber accordingly)
Structural Road Improvements Plan -- All development within a PUD Zone District shall provide a plan
describing how the applicant intends to improve adjacent roadways to meet the full typical section specified
in the Weld County Transportation Plan and the Subdivision Ordinance. 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. The Road Improvements Agreement and Roadway Construction Plans shall
be accepted by the Board of County Commissioners.
Addition to PUD Section 27-7-30 J
New amendment after the first sentence, "All development within a PUD Zone District shall provide a plan
describing how the applicant intends to improve adjacent roadways to meet the full typical section specified
in the Weld County Transportation Plan and the Subdivision Ordinance. 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. The Road Improvements Agreement and Roadway Construction Plans shall
be accepted by the Board of County Commissioners."
RESOLUTION 197A
Weld County
Page 8
Major Change Component 6:
The following are addition and shall not delete existing sections. Rather, renumbering shall occur.
New 27-2-40
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.
New 27-2-70
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.
New 27-2-170
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; SCENIC 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 SCENIC 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.
New 27-2-180
SCENIC AREA An open area with natural features that are visually significant or geologically or
botanically unique.
New 27-2-190
SCENIC 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.
New 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.
Section 27-4-20 E 16 (Sketch Plan Requirements for Submittal)
In-lieu of the preservation of land for COMMON OPEN SPACE and subject to the discretion of the Board
of County Commissioners,the applicant has the option of paying to a public entity approved by the County
an amount equal to a proportionate share of the market value of the overall property under development
consideration at the time of final plat, or dedicating an equal number of acres at a different site. Should the
RESOLUTION 197A
Weld County
Page 9
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.
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.
The amount collected shall be deposited in a segregated account to be expended within 10 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 the MUD Chapter of the County Code.
Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public
agency. A written agreement to this effect shall be provided to the Department of Planning Services at the
time the Sketch Plan application is submitted. The agreement shall indicate the agency's readiness and
ability to accept the land dedication or conservation easement. A brief statement regarding the maintenance
of the property shall also be provided. Failure to provide this information may result in the Department of
Planning Services inability to accept the Change of Zone application on the subject site.
Performance Standards and Bulk Standards of the proposed zoning district shall be adhered to.
Add a last sentence to the following Sections for adequate public notice:
27-6-120 B3 Legal Notice Publication
"The public notice shall include a legal description of the property being considered for off-site dedication
for a PUBLIC PURPOSE. If the Cash-In-Lieu option is selected, the public notice shall also include a
statement to that effect."
27-6-120 B4 Notice to those within 500 feet
"Notice shall include a legal description of the property being considered for off-site dedication for a PUBLIC
PURPOSE. If the Cash-In-Lieu option is selected, the public notice shall also include a statement to that
effect."
27-6-120 B5 Sign Posting
"The sign posting shall also include a legal description of the property being considered for off-site
dedication for a PUBLIC PURPOSE. A sign shall be posted on the property under consideration as the off-
site dedication. If the Cash-In-Lieu option is selected,the public notice shall also include a statement to that
effect."
Section 27-6-80 B 8 (Development Guide on Open Space @ 15%)
All PUD's may apply for a greater density and have reduced COMMON OPEN SPACE when applying the
Cash-In-Lieu alternative listed in the MUD Chapter of the County 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.
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. A written agreement to this effect shall be provided to the Department of Planning Services
at the time the Sketch Plan application is submitted. 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.
RESOLUTION 197A
Weld County
Page 10
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.
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.
The amount collected shall be deposited in a segregated account to be expended within 10 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 the MUD Chapter of the County Code.
Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public
agency. A written agreement to this effect shall be provided to the Department of Planning Services at the
time the Sketch Plan application is submitted. The agreement shall indicate the agency's readiness and
ability to accept the land dedication or conservation easement. A brief statement regarding the maintenance
of the property shall also be provided. Failure to provide this information may result in the Department of
Planning Services inability to accept the Change of Zone application on the subject site.
Performance Standards and Bulk Standards of the proposed zoning district shall be adhered to.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Bryant Gimlin
Fred Walker
Arlan Marrs
John Folsom
Michael Miller
Jack Epple
Stephen Mokray
Cathy Clamp
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on November 21, 2000.
Dated the 21st of November, 2000.
≤MTh
Arco
Trisha Swanson
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 7, 2000
Page 6
Arlan Marrs moved that Development Standard# 11 read as follows: "In the event the parent parcel seeks
annexation, the applicant shall not object to said annexation." Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Sheble McConnellogue noted that the number stated in Development Standard should read 30-20-100.5.
Michael Miller moved that the number in Development Standard#6 be changed to 30-20-100.5. Cathy Clamp
seconded the motion
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs, yes; Stephan Mokray,yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Arlan Marrs asked if the applicant was okay with the engineering plans being submitted to the Town of
Firestone. Ms. Sangster noted that they had agreed to this in order to make the Town of Firestone feel more
comfortable with the structure going up near them.
Stephen Mokray moved that Case USR-1293 be approved along with the Conditions of Approval and
Development Standards. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Stephen Mokray moved that Case USR-1293 is noted as being in compliance with the proposed Amendment
24. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller, yes; Bryant Gimlin,yes;Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: Ordinance 197-A and Ordinance 197-B
APPLICANT: Weld County
PLANNER: Anne Best Johnson
REQUEST: Amendments to the Planned Unit Development Ordinance. Substantial Changes shall
include additions to the Definition Section, Cluster PUD procedure, and Public Water and
Sewage Disposal additions. Other amendments include document-wide renumbering,
spelling corrections, type face, and alignment for consistency. Also, amendments to the
Planned Unit Development Ordinance. Substantial Changes shall include amendments to
Section 2.5 and 6.4.5 to cover substantial changes to the Open Space requirement
including a land dedication or cash-in-lieu option.
Anne Best Johnson, Long Range Planner, noted that this will combine both#5 and#10 of the agenda as they
deal with the same ordinance. Anne presented changes to the Weld County Planned Unit Development
Ordinance. Anne noted that there were 6 minor changes and 6 major changes.
Ms. Best Johnson started with minor change component#1, noting that this change deals with repagination,
grammatical changes, county-wide consistency, and correct names. Anne noted that component#2 deals
with an addition to Section 6.3.6.6 to clarify what signs are not allowed in the PUD area and to be consistent
with the Comprehensive Plan. Mr. Folsom asked if this had anything to do with a previous decision of the
Board of Adjustment. Anne noted that this change was a direct outcome of that decision. Anne stated that
minor change component#3 covered changes that made general policy part of application procedures. Ms.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 7, 2000
Page 7
Johnson noted that component#4 involved updating the mineral owner list requirements that have already
been updated in Ordinance 89. Anne noted that component#5 consisted of modifying the notification date
to 14 days from 15 days as it only needs to be 14 days by state statute. The final of the minor components
involves an addition of parking lot surfaces to the ordinance.
Anne began to speak concerning the first of the major change components. Anne noted that these are
additions to the definition section,with renumbering for consistency. Discussion concerning the conservation
easement definition, urban versus non-urban, and the definitions in general.
John Folsom asked if the conservation easements were perpetual or term. Lee noted that the definition is
just to identify the term conservation easement,that the land owner would be able to choose whether or not
they were a term easement to suit their tax purposes. Bruce Barker noted that the state tax cut required the
conservation easement must be in perpetuity.
Cathy Clamp stated that she would like to see more leniency for returning the land to its natural state,allowing
the property owner room in the way of wetlands. Discussion covering the meaning of"natural state"to remove
the water from the land,or for allowing farming,or even changing the land from its current use. Arlan offered
the wording of"free of development"to allow more freedom. Michael Miller asked if undeveloped would be
a better idea for the wording.
Fred Walker noted that he feels the 5-lot specified in the non-urban development was backward progress from
what the Board of County Commissioners has allowed,noting that some slightly larger subdivisions have been
allowed and this would negate what he feels is forward progress. Fred Walker noted that there was a larger
subdivision on public water and septics approved this summer and that the state allows this,that the addition
of a single number would be too constricting.
Cristie Nicklas noted that she agrees with Fred Walker that the Board of County Commissioners has made
their own rules against the what the ordinance states, but that she feels this definition is still sound.
Bruce Barker noted that the definition is already implied by the definitions that exist, this is just making the
non-urban definition reflect the opposite of the urban definition.
Fred Walker noted that he would like more time to really decide on some of the wording of the ordinances that
are placed before the Planning Commission, allowing that this is the time to make a statement, before the
decision becomes law. John Folsom noted that this might be allowing an exception become the rule.
Anne Best Johnson explained that the reason for the definitions becoming part of the ordinance was to allow
room for the Cluster PUD being proposed to preserve 2/3 of a larger piece of land, while also allowing larger
than the ususal number of lots for a subdivision.
Discussion following the requirements needed in a cluster PUD. Fred Walker noted that he still is
uncomfortable with the minor subdivision being limited to 5 lots. Arlan Marrs asked if the outlot not being
allowed next to another outlot might restrict some neighboring property owners from developing if they were
not the first ones to develop. Anne Best Johnson noted that the restriction may be lifted for two cluster PUD's
for non-urban development.
Michael Miller and Bryant had previous appointments and left the meeting at this time.
Arlan Marrs moved that the first sentence of the Conservation Easement definition read as follows:"The grant
of a property right stipulating that the described land will preclude future or additional development." Fred
Walker seconded the motion. Fred Walker seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Arlan Marrs,yes; Stephan Mokray,yes; Cathy Clamp,no; Fred Walker, no; Cristie Nicklas, no.
Motion failed.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 7, 2000
Page 8
Fred noted that he agrees with the conservation easement definition but does not agree with the rest of the
minor changes. Following discussion, Fred Walker noted that he had misunderstood the motion to cover all
of minor change number one, not just the conservation easement and asked that the vote be made again.
Arlan Marrs moved that the previous motion be re-voted. Fred Walker seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs, yes; Stephan Mokray, yes; Cathy Clamp,yes; Fred Walker, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Arlan Marrs moved that the first sentence of the Conservation Easement definition read as follows:"The grant
of a property right stipulating that the described land will preclude future or additional development." Fred
Walker seconded the motion. Fred Walker seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Cathy Clamp, no; Fred Walker, yes; Cristie Nicklas,
no. Motion carried.
Fred Walker noted that he feels the Cluster PUD is a good thing, but to be making a valid decision at the end
of the day without a sufficient educational curve seems inappropriate.
Cristie Nickles commented that a work session might be in order to truly work on the ordinances before the
Planning Commission made any comments to the Board of County Commissioners. Lee Morrison noted that
the Board of County Commissioners was trying to get these done before the end of the year and also in case
Amendment 24 passed, to allow for some development.
Arlan Marrs noted that he understands the frustration of not having a lot of control over changes to the
ordinances and he further noted that today is not the day to change the direction. Arlan noted that in the
future, if the Planning Commission could be informed of the proposed ideas, to better look at these changes
and give ideas before they are brought to the Planning Commission rather than barely getting to look at the
changes or to improve them during the hearing.
Fred Walker noted that the two definitions are very important to him and that this is the time to make a stand,
rather than let one more change move through without having the proper input from the Planning Commission.
Fred noted that the Road Impact Fees were brought to the Planning Commission after they had already been
read two times, and were pushed through and finished at the Board of County Commissioners the following
day. Mr.Walker commented that he was unhappy with the way the Road Impact Fee ordinance was handled
was a slap in the face of the Planning Commission and does not want this to happen yet again.
John Folsom noted that he has questions on most of the changes and is willing to stay until midnight if need
be, but would prefer the time given in a work session.
Lee Morrison commented that the Planning Commission members could continue the cases to a regularly
scheduled day,and also have a work session before that date. Fred noted that he feels these changes to the
ordinances are probably a very good idea being brought before them and very proactive as well, it just feels
like the Planning Commission is not allowed to have any freedom to make changes. Arlan Marrs stated that
he does not want to see something good being delayed and pushed aside because there are questions with
past issues or definitions that have existed for years, that the Planning Commission members were mailed
these packets and should have read and studied the information before them.
Bruce Barker noted that the Board of County Commissioners would like to have the honest opinion of the
Planning Commission, even if that meant continuing these cases to the following date.
Stephen Mokray moved that agenda items 5, 6, 7, 8, 9, and 10 be continued to November 21, 2000. John
Folsom seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 7, 2000
Page 9
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, no; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin,yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried.
Arlan Marrs commented that he feels that the Planning Commission members had adequate notice and
should have been prepared, that this continuance is inappropriate.
Stephen Mokray moved that Planning Commission start at 10:00 a.m.on November21,2000,with the already
scheduled cases not being heard until 1:30 as scheduled. John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Cathy Clamp, yes; Fred Walker, yes; Cristie Nicklas,
yes. Motion carried unanimously.
Meeting adjourned at 5:45 p.m.
Respectfully submitted
Trisha Swanson
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 21, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, November 21, 2000, in the
Weld County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The
meeting was called to order by Chair, Cristie Nicklas, at 10: 05 a.m.
ROLL CALL
Fred Walker Present o '_ r
Cristie Nicklas Present 0 t rri
ri
John Folsom Present Co
Jack Epple Present Fri
Michael Miller Present C) L
Stephan Mokray Present Frl ;' 5
Arlan Marrs Present
Bryant Gimlin Absent
Cathy Clamp Present
Also Present: Anne Best Johnson, Monica Daniels-Mika, Julie Chester, Robert Anderson, Chris Gathman,
Kim Ogle, Wendi Inloes, Department of Planning Services; Trevor Jiricek, Pam Smith, Sheble
McConnellogue, Department of Planning Services; Don Carroll, Diane Houghtaling, Public Works; Lee
Morrison, Bruce Barker, Weld County Attorney; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on November 7,
2000, was approved with changes votes after Michael Miller and Bryant Gimlin left, as well as some minor
spelling and grammatical corrections..
REQUEST: Approval of Planning Commission Hearing Dates and Fee Schedule for 2001
PRESENTER: Wendi Inloes
Wendi Inloes, Planning Tech, presented the Planning Commission hearing dates for 2001 as well as the fee
schedule for the following year. Wendi noted that the only change in the fee schedule would be the removal
of the COC(Certificate of Compliance)from the applications available. Wendi stated that the ZPMH (Zoning
Permit for a Mobile Home) has taken the place of this application at the same cost.
John Folsom moved to approve the Planning Commission Hearing Dates and Fee Schedule for 2001.
Michael Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: Ordinance 197-A
APPLICANT: Weld County
PLANNER: Anne Best Johnson
REQUEST: Amendments to the Planned Unit Development Ordinance. Substantial Changes shall
include additions to the Definition Section, Cluster PUD procedure, and Public Water and
Sewage Disposal additions. Other amendments include document-wide renumbering,
spelling corrections,type face,and alignment for consistency.Amendments to the Planned
Unit Development Ordinance. Substantial Changes shall include amendments to Section 2.5
and 6.4.5 to cover substantial changes to the Open Space requirement including a land
dedication or cash-in-lieu option.
la la -mow
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 21, 2000
Page 2
Anne Best Johnson, Planner, presented Ordinance 197-A. Anne noted that she had discussed the minor
changes at the previous hearing and was moving on to the first substantial change, concerning the addition
of several definitions.
Fred Walker presented his alternate wording for the definition of conservation easement. Discussion followed
concerning wording for the definition.
Fred Walker moved to have the definition of conservation easement to read as follows: "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." Arlan Marrs seconded
the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Fred Walker presented the wording for the definition of non-urban and urban development, as well as a new
definition for suburban development. Discussion followed concerning the presented changes, covering the
number of lots, allowing two adjacent subdivisions,and the restriction on the size of subdivisions with septics
systems.
Bruce Barker and Lee Morrison noted that there are no set-ups to allow for development as a "suburban
development". Anne stated that this would be problematic in the administration of subdividing land.
Fred Walker noted that he does not like that the health department has the final say on whether or not to allow
certain septic systems in a subdivision,that he feels the Board of County Commissioners should have the final
say in allowing the systems. Cristie Nicklas noted that the Department of Public Health and Environment and
Department of Planning Services are only making recommendations to the Planning Commission. Fred
Walker noted that the Health Department still has the final say as the current wording of the Conditions of
Approval state.
Stephen Mokray moved that the definition of Urban, Non-Urban, and Suburban development to read as
follows:"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(40)
years. SUBURBAN SCALE DEVELOPMENT: Developments comprised of more than eight residential lots
but whose gross densities are no greater than 2 '/: acres per lot, with a minimum lot size of one acre per
residential lot. All lots would be serviced by a potable water and enhanced septic systems. URBAN SCALE
DEVELOPMENT: Developments comprised of more that eight residential lots and are located in close
proximity to existing PUD's, subdivision, municipal boundaries, or urban growth corridors. All urban scale
developments shall pave the internal road systems of the development. URBAN SCALE DEVELOPMENT
requires support services including potable water,sewer systems,road networks,and storm drainage." Cathy
Clamp seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Arlan Marrs,yes; Stephan Mokray, yes; Michael Miller, no;Jack Epple, no; Cathy Clamp,yes;
Fred Walker, yes; Cristie Nicklas, no. Motion failed.
Arlan Marrs noted that he understands the problem presented by the suburban definition, but thinks that this
may be the start of a new idea for development in the county. Arlan also stated that he does like the removal
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 21, 2000
Page 3
of restricting two side-by-side lots and the removal of the minimum 80-acre agricultural outlot, but that he is
not comfortable with the 40 year restriction.
Jack Epple noted that he understands some of the concerns that Fred Walker has stated, but that there is
validity to cutting off the number of homes allowed on septic systems.
John Folsom noted that the wording proposed by the Department of Planning Services because it is more
restrictive, as having a subdivision in the middle of a city on septics systems is very difficult.
Cathy Clamp commented that the municipalities are planning too much for the county and that the county is
meant to be rural, that there is not enough freedom to develop in the existing definitions.
Stephen Mokray noted that he feels this simplifies the definitions and make new ground to work with in the
future.
Fred Walker commented that he understands the philosophies presented by the other members, but he feels
individuals should have the ability to chose how to develop their land.
Cristie Nickles commented that she feels that the Suburban definition presented would create a problem with
potable water and density. Ms. Nicklas commented that she feels the Department of Planning Services staff
could work on a possible suburban definition and use in the future.
Michael Miller noted that he does like the 8 lot minimum and that the 5 lot subdivision is too restricting.
Michael Miller also noted that he feels the 80 acre minimum outlot may slow urban sprawl, as more
amendments like Amendment 24 may be facing the voters in the future.
Fred Walker noted that he would like to remove the requirement that the subdivisions not be next to each
other. Cathy Clamp asked why 80 acres is the specific number of acres required. Anne Best Johnson noted
that part of the reason may be the need for 80 acres to accomplish allowing a well on the property. Monica
Daniels-Mika, Director of Planning Services, noted that the 80 acre lot size also corresponds with the
minimum buildable lot size in Weld County. Lee Morrison noted that the 80 acres is also a holdover from
existing rules before the creation of the cluster option, to avoid attached clusters of 5 lots next to each other
on the same land. Arlan Marrs asked why some are required at the 80 acre lot size, but some are allowed
at the 2/3 of the farm land. Lee noted that this allows alternatives for the cluster. Arlan Marrs asked why the
40 year requirement is attached to the cluster development. Lee pointed out that this is a requirement of the
State, but to never remove the development ban on these acres allows people to qualify for the tax break,as
well as allowing the subdivision to apply for the wells on the subdivision.
Cristie Nicklas asked why they could not take out the programs required on the urban scale development.
Cathy Clamp moved to amend the staff proposed Non-Urban Scale Development to allow 8 lots, the change
from an 80 acres outlot to a 40 acre outlot. Fred Walker seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller, no; Jack Epple, no; Cathy Clamp, yes;
Fred Walker, yes; Cristie Nickles, no. Motion failed.
Diane Houghtaling noted that the paving of the roads would be required after the 21st lot on the road.
Michael Miller commented that he feels this is a step in the wrong direction and the 8 lot adjacent subdivisions
would not cover preservation of the agricultural outlots.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 21, 2000
Page 4
John Folsom noted that he agrees with Michael Miller that this loosens the protection for the agricultural lands.
Michael Miller moved to change the Non-Urban definition to allow 8 or fewer lots and state gross density. Jack
Epple seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Arlan Marrs,yes;Stephan Mokray,yes; Michael Miller,yes;Jack Epple,yes; Cathy Clamp,yes;
Fred Walker, no; Cristie Nicklas, yes. Motion carried.
John Folsom commented that he does not like allowing 8 lots in an non-urban subdivision.
Fred Walker commented that he feels this is a slap in the face of private property rights.
Michael Miller moved to change the Urban definition to allow 8 or more lots and state gross density. Stephen
Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, abstain; Arlan Marrs, abstain; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy
Clamp, yes; Fred Walker, abstain; Cristie Nicklas, yes. Motion carried.
Anne Best Johnson presented the substantial change component 5,to allow the gentleman who made up the
public to speak concerning the changes. Anne noted that substantial change component 5 deals with the
paving of roads within the PUD ordinance at the direction of Public Works and Diane Houghtaling would
answer any questions associated with the change.
Diane Houghtaling noted that the changes dealt with the 1/2 paving of streets causing safety problems and
would require the property owner to acquire the right-of-way for the entire roadway in the PUD and MUD area.
The Chair asked if there was anyone in the audience who wished to speak for or against this change. Jim
Mountain, a land planner, noted that this puts too much burden on the developing property owner, noting
possible problems if the property owner would not sell. Mr. Mountain also noted that the cost would all be
carried by the developer and a future landowner would be able to develop without having to incur any costs
for paving the road near their subdivision, leaving all the costs to the initial developer.
Jack Epple noted that municipal sewer and water work this way as well for subdivisions. Mr. Mountain noted
that many of the services mentioned by Mr. Epple reimburse the original developer when new subdivisions
are added for a specific time period.
Lee Morrison noted that the developer could contest the Condition of Approval at the state level and that the
developer does not have to pay all the costs associated. Fred Walker asked why this could not be clarified
for the applicants.
Arlan Marrs noted that the phrasing"required improvements MAY include the acquisition of right-of-way" is
not fair to the applicant as the wording is too nebulous, that the applicant will not know until the subdivision
is done.
Lee noted that the following wording could be added to the statement: Improvements attributed to the
development shall be consistent with nexus of proportionality and shall be equivalent to the impacts of the
development.
Discussion concerning the impacts upon the road being larger than assumed would possibly be borne by the
developer as well as the ability of the developer to dedicate the entire right-of-way on the property being
developed.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 21, 2000
Page 5
Jack Epple moved to add Mr. Morrison's sentence to Section 4.2.5.8 as the fourth sentence in the paragraph.
Michael Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs, no;Stephan Mokray,yes; Michael Miller,yes;Jack Epple,yes; Cathy Clamp,no;
Fred Walker, no; Cristie Nicklas, yes. Motion carried.
Arlan Marrs commented theat he is uncomfortable with the acquisition of right-of-way being required.
Cathy Clamp commented that the wording of"required" bothers her.
Fred Walker commented that he agrees with Arlan Marrs and Cathy Clamp.
Michael Miller to approve moved that Ordinance 197-Abe forwarded to the Board of County Commissioners
along with the Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Arlan Marrs commented that he feels the same as his previous comment, also noting that he feels that
property taxes should be used to cover the additional need in the road system.
Anne Best Johnson presented Substantial Change#2, which covers the Cluster PUD.
Fred Walker commented that he is happy to see this attempt by the Department of Planning Services to
respect private property rights. Mr.Walker noted that the 40 year requirement of the Cluster PUD is a bit hard
to take,but supports the Cluster PUD nonetheless. Cristie Nicklas noted that she understands the frustration
of the 40 year requirement with the uncertain farming conditions being faced.
Cathy Clamp noted that she would like to see W.Goal 3 placed somewhere in the section to notify people that
hunting is allowed on the private farm areas.
Discussion covering the placement of this section followed.
Cathy Clamp moved to add "and W. Goal 3" in Section 10.1.4 after "Farm". Michael Miller seconded the
motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Arlan Marrs moved to accept Substantial Change#2. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Anne Best Johnson explained that Substantial Change#3 covers requests by the Department of Public Health
and Environment. Pam Smith noted that the section used to cover both water and sewer, that the two new
sections would replace the previous section and add more details to the separate parts.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 21, 2000
Page 6
Fred Walker asked for a definition of potable water and if this would include private water districts. Lee
Morrison noted that this would cover public water systems created by the Homeowner's Association. Fred
Walker noted that he feels that the restrictions imposed by the Department of Public Health and Environment
could be too restricting, including the requirement of an economic feasibility study. Fred Walker noted that
he feels the Department of Public Health and Environment has too much authority to deny PUDswithout some
room for the Board of County Commissioners to change the regulations.
Cristie Nicklas noted that the applicant could appeal the decision before the Board of County Commissioners.
Arlan Marrs asked Lee Morrison if someone had less than eighty acres, could they still use the Cluster PUD
to create lots. Mr. Morrison noted that the Cluster PUD does allow for smaller acreage to be developed.
Sheble McConnellogue noted that the new EPA requirements ban motor vehicle or automobile wastes into
the septic system.
Fred Walker noted that this would require an enhanced septic system with zero tolerance and noted that this
is a good concept.
Discussion followed concerning the amount of control that the Department of Public Health and Environment
should have over the septic systems allowed, as well as the word "economic" in the section.
Cathy Clamp moved to accept 2.20 with eight lots. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Michael Miller noted that he feels the appeal process of the Board of Health is fast enough for the applicants
to contest the requirements by the Department of Public Health and Environment.
Fred Walker moved to accept Section 2.21 with the removal of the word"economic"before the word feasibility.
Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Anne Best Johnson presented the changes to the vested rights section as well as the cash in-lieu change to
the PUD Ordinance. Ms.Johnson noted that the cash-in-lieu option allowed for open space dedication outside
of the land being developed.
Cristie Nicklas noted that there were no members of the public present for any of the changes to the PUD
other than Mr. Mountain,who had commented concerning the change to the requirements for roads.
Fred Walker noted that he likes the idea of the cash-in-lieu, but does not want this to become a transfer of
development rights. Michael Miller asked if the open space had to be within the MUD. Anne noted that it
would either be in the MUD or somewhere specified by the Board of County Commissioners. John Folsom
asked if the public entity by the county could use this money to buy conservation easements. Ms. Johnson
noted that this would be an option for that public entity.
Cathy Clamp asked if the "scenic farmland" section would be used to force farmers to make their farms
"pretty"? Anne noted that the farmland would stay as it originated.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 21, 2000
Page 7
Discussion covered a wording change for the public entity that would take care of the funds in question.
Michael moved to amend Ordinance 197-A to include amendments made as well as an addition of language
stating "Such public entity shall possess the authority to hold land for public purposes." In paragraph 2,
second to last sentence of Section 6.3.2.5.7.1 and Ordinance 197-A be forwarded to the Board of County
Commissioners with the Planning Commissions recommendation of approval. Stephen Mokray seconded
the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: Ordinance 173-F
APPLICANT: Weld County
PLANNER: Anne Best Johnson
REQUEST: Amendments to the Subdivision Ordinance. Substantial Changes shall include additions
to the Definition Section; Amendments at the request of the Department of Public Works;
Amendments to Section 4, 7, and 11 for consistency with other Weld County Planning
Ordinances and current policy;Section 8 amendments for clarification on what information
is required for the Resubdivision process;and Sections 4 and 6 on Vested Property Rights.
Other amendments include document-wide renumbering, spelling corrections, type face,
and alignment;and consistency between all Weld County Planning Ordinances and current
policy. Amendments to the Subdivision Ordinance. Substantial Changes shall include
amendments to Section 10 to cover substantial changes to Public Sites and Open Spaces,
including a land dedication or cash-in-lieu option.
Anne Best Johnson presented the cash-in-lieu option of the Subdivision Ordinance.
Jack Epple was absent from the room for about five minutes.
Michael Miller questioned Anne if the language was the same as the previous ordinance. Anne noted that
there were small changes to make it fit with the Subdivision Ordinance, but that the language had the same
intent.
Michael Miller moved to approve Substantial Change#7 of Ordinance 173-F. John Folsom seconded the
motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes;Stephan Mokray,yes; Michael Miller,yes;Jack Epple,abstain; Cathy Clamp,
yes; Fred Walker, no; Cristie Nicklas, yes. Motion carried.
CASE NUMBER: Ordinance 191-F
APPLICANT: Weld County
PLANNER: Anne Best Johnson
REQUEST: Amendments to the Mixed Use Development (MUD) Plan. Substantial Changes shall
include amendments to MUD Policy 2.8, Section 2.3, Section 2.4 to cover substantial
changes to the Open Space and Maximum Lot Coverage requirements, including a land
dedication or cash-in-lieu option. Amend Section 2.7.3 regarding Structural Road
Improvements.
Anne Best Johnson presented the cash-in-lieu section of the MUD Ordinance.
.eTh
‘1, 1(ta
' DEPARTMENT OF PLANNING SERVICES
W�`��. PHONE (970) 353-6100, EXT.3540
FAX (97(970) 304-04-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
October 2, 2000
Subject: Ordinance 197-A - Amendments to the Planned Unit Development Ordinance. Substantial
Changes shall include additions to the Definition Section, Cluster PUD procedure, and Public
Water and Sewage Disposal additions. Other amendments include document-wide
renumbering, spelling corrections, type face, and alignment for consistency.
Dear Ms Best-Johnson:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for November 7,2000,at 1:30 p.m. This meeting will
take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Ann
Anne Best Johnson
Long Range Planner
ractitiet-
I
TMENT OF PLANNING SERVICES�`P1 �. DEPARTMENT
(970)353-6100, EXT.3540
155FAX (970)304-6498
5 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
October 27, 2000
Subject: Ordinance 197-B - Amendments to the Planned Unit Development Ordinance. Substantial
Changes shall include amendments to Section 2.5 and 6.4.5 to cover substantial changes to the
Open Space requirement including a land dedication or cash-in-lieu option.
Dear Ms Best-Johnson:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for November 21,2000,at 1:30 p.m. This meeting will
take place in Room 210,Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Anne Best Johnson
Long Range Planner
INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Weld County Case Number Ordinance 197A, PUD
Ordinance, County
Code
Submitted or Prepared
Prior to At Hearing
Hearing
1 Staff Comments (11 pages) X
2 Notice of Public Hearing X
3 Application (8 pages) X
4 Referral List, Letter to Referral Agencies, Letter to Applicant(3 X
pages)
5 Weld County Department of Public Health and Environment, X
referral received October 11, 2000
6 Staff memo to Planning Commission Members, dated November X
7, 2000 (5 pages)
X Notice of Public Hearing (2 pages) X
8 Referral List, Letter to Referral Agencies, Letter to Applicant(3 X
pages)
q IN',-/74e.
Item submitted at planning commission
�C7 C..kaQe✓��7U.ar
I hereby certify that the 8 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office. Ann,
Anne Best Johnso ❖ Lo Range Planner
PLANNED UNIT DEVELOPMENT ORDINANCE
AMENDMENT
WIIDc. SUMMARY SHEET
COLORADO
Case Number: Planned Unit Development Ordinance, Ordinance 197A, County Code
Hearing Date: November 7, 2000
Applicants: Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Request: Amendments to the Planned Unit Development Ordinance. Substantial Changes
shall include additions to the Definition Section, Cluster PUD procedure, and
Public Water and Sewage Disposal additions. Other amendments include
document-wide renumbering, spelling corrections, type face, and alignment for
consistency.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
Criteria outlined for amending the Comprehensive Plan were adhered to for amending the
Planned Unit Development Ordinance. The applicable criteria is listed on pages 1-2 through 1-
5 of the Weld County Comprehensive Plan.
The Department of Planning Services' staff has received responses from the following
agencies:
Weld County Department of Public Health and Environment, referral dated October 10,
2000
Maliarr
SERVICE,TEAMWORK,INTEGRITY,QUALITY
AMENDMENT TO THE PLANNED UNIT DEVELOPMENT ORDINANCE
WELD COUNTY ORDINANCE 197-A
Request: Amendments to the Planned Unit Development Ordinance. Substantial Changes
shall include additions to the Definition Section, Cluster PUD procedure, and
Public Water and Sewage Disposal additions. Other amendments include
document-wide renumbering, spelling corrections, type face, and alignment for
consistency.
Page 1-2 of the Comprehensive Plan, Item 2, Weld County Ordinance 147P:
B. The petitioner shall pay for the cost of legal publication of the proposed
amendment and all land use application fees.
Weld County shall pay for the cost of legal publication.
The following items shall be submitted as part of the proposed amendment:
(1) A statement describing why the comprehensive plan is in need of revision.
(2) A statement describing how the proposed amendment will be consistent with
existing and future goals, policies, and needs of the County.
The Planned Unit Development Ordinance amendments proposed herein are
necessary to allow an alternative method for property owners and developers to apply
flexibility in developing land. The additional objectives of the PUD Ordinance shall be
met, as outlined in Section 1 of the Planned Unit Development Ordinance.
SERVICE.TEAMWORK,INTEGRITY,QUALITY
This recommendation is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral
entities.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
PUD Ordinance, Ordinance iv7A
Proposed Amendments
Editorial Note: Red Lined Italic type represents items to be amended in. Strikeout type represents
items to be amended out.
Minor Changes
Repagination, grammatical changes, changing the case of letters of words within this document for
County-wide consistency, and to correct agency names after the agency has changed names.
Alignment of Section 3.4.2, page 8
Add numbering to information in Section 3.4.3 for consistency as follows:
3.4.4 TOTAL: Specific Guide 150- 180 days
Conceptual Guide 150- 195 days
Addition of Section 3.5:
3.5 General Requirement for Collateral- The policy on Collateral as outlined in the Weld
County Administrative Manual shall be followed.
Period replacing commas or semicolons and the addition of periods:
Sections 1.1 - 1.11, delete "And" in Section 1.10, Page 2
Sections 4.3.1.1.1 -4.3.1.1.12, delete "And" in Section 4.3.1.1.12, Pages 10 - 11
Sections 6.3.1 -6.3.8, delete "And" in Section 6.3.7, Pages 14-15
Sections 6.3.1.2.1.1 - 6.3.1.2.1.18, add periods, Pages 15 - 16
Sections 6.3.2.2.1.1 - 6.3.2.2.1.4, add periods, Page 16
Section 6.3.5.2.1 through 6.3.5.2.6.2, add periods, delete "And" in Sections 6.3.5.2.5 and
6.3.5.2.6.1, Page 19
Sections 6.3.6.2.1.1 - 6.3.6.2.1.5, add periods, delete "And" in Section 6.3.6.2.1.4, Page 21
Sections 9.2.1.12.1 - 9.2.1.14, add periods at the end of each Section, with the exception of
Section 9.2.1.13
Miscellaneous Minor Amendments
Section 2.5, third sentence add comas around phrase ", except for those containing residential USES,"
Section 2.5, fourth sentence replace "proportioned according" with the word "proportional"
Section 6.4.2.6.8 to read, "Consistency exists between the proposed Zone District(s) USE(S)
and the Specific or Conceptual Development Guide. The comma after the word
"District(s)" shall be deleted.
Minor Change
Component 2: Addition to Section 6.3.6.6 to be consistent with the Comprehensive Plan, Section 2.8.
6.3.6.6.5 Signs or components of signs that change physical position or light intensity by
any movement or rotation of the physical sign or components which make up the
sign or which give the visual impression of movement or rotation.
1
Minor Change
Component 3: Additions to application procedures for consistency with current policy add new
Sections 4.2.5, Page 9; 5.3.5, Page 13 (Renumber accordingly).
The applicant shall provide the Department of Planning Services with a certificate from the County
Treasurer showing no delinquent taxes for the parcel area.
Additions to application procedures for consistency with current policy add new Sections 5.3.6; 5.3.7;
5.3.8; 5.3.9; Page 13 (Renumber accordingly).
5.3.2 A copy of any agreements signed by agricultural irrigation ditch companies specifying the
agreed upon treatment of any problems resulting from the location of the ditch, or oil and gas
facilities, if applicable.
5.3.6 The applicant shall submit to the Department of Planning Services a copy of an agreement with
the mineral owners associated with the subject property. Such agreement shall stipulate that
the oil and gas activities on the subject propeity have been adequately incorporated into the
design of the site, OR shall provide written evidence that an adequate attempt has been made
to mitigate the concerns of the mineral owners on the subject property.
5.3.7 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.
5.3.9 The applicant shall submit to the Department of Planning Services a copy of an existing
easement or dedicated right-of-way when it is contiguous to an easement or right-of-way of the
proposed PUD.
5.3.9 The applicant shall submit to the Department of Planning Services an erosion control plan, if
required as a result of a Sketch Plan requirement.
Minor Change
Component 4: Mineral Owner/Lessee Notification. Current Section does not provide adequte
procedures. This was amended with Zoning Ordinance 89KK. Amending PUD Ordinance allows for
consistency in all Weld County Planning Documents.
Amendments to Section 5.3.3, page 13; Section 7.3.14, page 31
"A certified list of the names, addresses and the corresponding parcel identification number assigned
by the Weld County Assessor of the property owners of the property owners (the surface estate)-within
five hundred (500) feet of the property subject to the.application. The source of such list shall be the
records of the Weld County Assessor, or an ownership update frm a title or abstract An affidavit listing
the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land
being considered. The list shall be prepared from the real property records of the Weld County(or adjacent
County) Clerk and Recorder, and shall be current as of a date no more than thirty(30) days prior to the date the
application is submitted to the Weld County Department of Planning Services.
2
Minor Change
Component 5: Notification clarification. A 14-day publication notice is required for regular zone
changes and subdivision final plats. The PUD Ordinance, Sections 6.2.4.3 and 7.4.2.2.3 dictate a 15
day notice prior to hearing for PUD Final Plans. It is unclear if the 15 day requirement was made
arbitrarily to correspond with the 15 day requirement for PUD mailing requirements. According to
Attorneys Barker and Morrison, the 15-day requirement does not appear to be a statutory requirement,
and may therefore, be modified to a 14 day requirement.
Sections 6.2.4.3, 7.4.2.2.3 shall be amended to have a 14 day publication notice rather than a 15 day
publication notice.
Minor Change
Component 6: Amendments at the request of the Department of Public Works.
The addition of Section 2.14. Subsequent sections shall be renumbered accordingly.
2.14 Parking Lot Surface - Parking lot surface and construction shall be compatible with the
surrounding development.
Substantial Changes
Component 1: Additions to the definition section. Renumbering shall occur for consistency.
CONSERVATION EASEMENT- 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 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.
Amend the definition of"Non-Urban Scale Development" on page 4, and "Urban Scale Development"
on page 5, to incorporate definition in current IGA:
"NON-URBAN SCALE DEVELOPMENT- Developments ee ni%isity comprised of five of less-or fewer
residential lots, located in a non-urban area as defined by the Weld County Comprehensive Plan, 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 systems shall have
a minimum lot size of one (1) acre and an overall density of two and one-half (21/2) 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 (21/2) 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.
"URBAN SCALE DEVELOPMENT - Developments exceeding five (5) 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.
3
Substantial Changes
Component 2: Addition of a Cluster PUD Option to allow flexibility allowed by State Statute.
CLUSTER PUD -A CLUSTER PUD is a division of land creating single family residential parcels less
than thirty-five (35) acres each pursuant to the CLUSTER PUD process. A minimum of two-thirds of
the total area of the tract shall be reserved for contiguous land preservation. The density of a
CLUSTER PUD shall not exceed two (2) residential units for each thirty-five (35) acres. The CLUSTER
PUD option requires the preservation of land for agricultural purposes, view corridors, or wildlife habitat
or critical areas. This preserved land shall not be developed for at least forty (40) years from the date
the final plan is approved.
Addition of Section 3.5:
3.5 The intent and standards of the CLUSTER PUD are located in Section 10 of this Ordinance.
Addition of Section 10:
10 CLUSTER PUD
10.1 intent
10.1.1 To recognize the current 35-acre exemption law and implement the provisions of
30-28-401, et. seq., C.R.S., the definition of"Rural Land Use Process"found in
30-28-402, et. seq., C.R.S., and the conditions for Cluster Development found in
30-28-403, et. seq., C.R.S.
10.1.2 To preserve and protect critical areas in the County by recognizing inherent
qualities of individual properties. Such qualities may include agricultural land,
regional preserves, parks and trails, distinctive landscapes, ecosystems, riparian
zones, wetlands, ecosystems, view corridors, water-sheds, wildlife habitat,
historic and archeological sites, and to encourage development respectful of
these inherent qualities.
10.1.3 To encourage development which fosters continued agricultural land uses and protects
the County's rural character, agricultural heritage, and the character of existing
communities while recognizing private property rights.
10.1.4 To recognize Weld County's Right to Farm in the Comprehensive Plan, the Zoning
Ordinance, and applicable County ordinances in effect.
10.1.5 To promote the goal of contiguous land preservation.
10.1.6 To develop new methods and incentives to encourage the retention of agricultural and
critical lands as productive, non-renewable resources.
10.1.7 To consider the impact of the development on infrastructure and the environment.
10.1.8 To encourage partnerships of the public/private communities to retain the County's rural
character.
10.1.9 To respond to the needs of the agricultural land owner.
10.1.10 To evaluate the impact on surrounding properties.
10.1.11 To establish rural development standards while encouraging innovative
subdivision design technologies.
4
10.1.12 To recognize and respect both individual rights and community interests and
values when development is proposed.
10.2 Standards
10.2.1 If the CLUSTER PUD is proposed on agricultural lands, the land shall be currently used
or capable of being used for agricultural production such as farming and ranching
operations for the next forty (40) years from the date of final approval.
10.2.2 The Outlot shall be restricted to operations and be free from development for any other
uses for a period of forty(40) years from the date of final approval.
10.2.3 A minimum of 2/3 of the total area of the tract must be reserved for the preservation of
contiguous land.
10.2.4 The Outlot may be used for all agricultural uses by right, as passive view corridors,
recreation, or the preservation of environmentally-sensitive features such as wildlife
habitat, or critical areas.
10.2.5 Public access to the Outlot is not a requirement. The Outlot maybe substituted for the
COMMON OPEN SPACE requirement used in the traditional PUD application.
10.2.6 The intent of the Agriculture (A) Zone District as outlined in the Zoning Ordinance and
the Comprehensive Plan, including the Right to Farm Covenant, shall be met.
10.2.7 A CLUSTER PUD maybe used in URBAN and NON-URBAN AREAS. A CLUSTER
PUD shall follow the procedures as outlined in this Ordinance.
10.2.8 The number of single family residential units must not exceed two (2) per thirty-five (35)
acre increment. The residential lots created by this option may not be further subdivided
in the future. This ratio is illustrated in the table below.
Combined Size of Size of Agricultural Outlot
Initial Parcel Size Total Number of Residential Building Site (OPEN SPACE) in
in Acres Residential Lots Site Acres
80 " 4 26.6 acres 53.3 acres
160 9 53.3 acres 106.6 acres
240 13 80 acres 160 acres
320 18 106.6 acres 213.3 acres
Additional increments The equivalent of 2 The equivalent of one- The equivalent of two-thirds of
of 80 acres, not to Residential Lots per 35 third of the entire site the entire site acreage
exceed 640 acres acres not to exceed 36 acreage
Residential Lots
10.3 Application Process and Time Parameters
10.3.1 The CLUSTER PUD is a three-step process following the established PUD process of
this Ordinance.
5
Substantial Changes
Component 3: Section 2.20 amendments and a new Section 2.21 at the request of the Weld County
Department of Public Health and Environment pertaining to sewage disposal.
2.20 Water and Sewer Provisions - A PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system. All PUD's containing commercial and/or industrial uses
shall be served by a public sewer system. All PUD's shall be served by a PUBLIC WATER
system as defined in this Ordinance. An exception may be granted for five lot 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 the Ordinance. A PUD not served by public water shall
preserve a minimum 80 acre agricultural out-lot. The Department of Planning Services and the
Weld County I lealth Department 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. Water Provisions -A PUD Zone District shall be served by an adequate water
supply. All PUD's shall be served by a PUBLIC WATER system as defined in this Ordinance.
An exception may be granted for five lot 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 the Ordinance. A
PUD not served by public water shall preserve a minimum 80 acre agricultural out-lot. The
Department of Planning Services and the Weld County 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.
2.21 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 a public sewer system. The proposed subdivision
shall comply with the sanitary sewage disposal requirements of the underlying 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 al!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 to be performed on each system. The management
component should outline the funding source for the oversight of the plan (i.e. the Home
Owners Association, etc.), who will perform each of the various parts of the plan, and
enforcement provisions. No sewage disposal system plan shall receive the approval of the
Board unless the Department of Public Health and Environment has made a favorable
recommendation. Appeal of an unfavorable Department of Public Health and Environment
recommendation shall be in accordance with the procedures set out in Section 3.11 of the Weld
County individual Sewage Disposal Systems Regulations.
6
Substantial Changes
Component 4: The PUD Ordinance does not contain information on vested rights as that language
remains in §90 of the Weld County Zoning Ordinance. However, final plat phases of PUDs approved
by staff are not eligible to obtain vested rights due to the hearing requirement. If someone wants to
have vested rights, protection must come from the final plan hearing process. To accomplish this,
legal counsel proposed the following language in January, 2000 to members of the Planning
Commission. These amendments were passed by the Planning Commissioners in January, 2000 but
have not been heard before the Board of County Commissioners. These proposals do not require a
vote of the Planning Commissioners, as they were previously approved.
Section 7.5.1
In the event that it is determined that the Final Plan submittal is not consistent with the
previous Sketch Plan and Change of Zone submittals, or if a Conceptual Development Guide was
submitted for the Change of Zone application, or if the applicant has requested the creation of a site
specific development plan pursuant to the Colorado Vested Rights Act and§ 90 of the Weld County
Zoning Ordinance, the Board of County Commissioners shall hold a public hearing to consider the
Final Plan application and to take final action thereon. The Board's decision shall consider the
recommendation of the planner, referral agency responses, and the application case file to determine
compliance with Sections 7.5.3.1 through 7.5.3.8 of this Ordinance.
Section 6.4.2.6.8
Consistency exists between the proposed Zone District(s); USES, and the Specific or Conceptual
Development Guide and concerns identified in sketch plan comments provided pursuant to §4.4 of this
Ordinance have been adequately addressed.
Section 4.4.3
Major Changes to a Sketch Plan: Major changes from a reviewed Sketch Plan may require resubmittal
of a new Sketch Plan for the site. 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 be required prior to submittal of an
application for a PUD zone change and the "application,"for purposes of compliance with 24-68-102.5,
shall be the application for the amended sketch plan.
7
Substantial Changes
Component 4: Section additions at the request of the Weld County Department of Public Works
New PUD Section 4.2.5.8 (Renumber accordingly)
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 the Subdivision
Ordinance. 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. The Road Improvements Agreement and Roadway Construction Plans shall be
accepted by the Board of County Commissioners.
New PUD Section 6.3.2.2.1.6 (Renumber accordingly)
Structural Road Improvements Plan -- All development within a PUD Zone District shall
provide a plan describing how the applicant intends to improve adjacent roadways to meet
the full typical section specified in the Weld County Transportation Plan and the Subdivision
Ordinance. 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. The Road Improvements Agreement and Roadway Construction Plans shall be
accepted by the Board of County Commissioners.
Addition to PUD Section 7.3.10
New amendment after the first sentence, "All development within a PUD Zone District shall
provide a plan describing how the applicant intends to improve adjacent roadways to meet
the full typical section specified in the Weld County Transportation Plan and the Subdivision
Ordinance. 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. The Road Improvements Agreement and Roadway Construction Plans shall be
accepted by the Board of County Commissioners."
8
n
PUD Ordinance, Ordinance 197A
Proposed Amendments
Editorial Note: Red Lined Italic type represents items to be amended in. Strikeout type represents
items to be amended out.
Minor Changes
Repagination, grammatical changes, changing the case of letters of words within this document for
County-wide consistency, and to correct agency names after the agency has changed names.
Alignment of Section 3.4.2, page 8
Add numbering to information in Section 3.4.3 for consistency as follows:
3.4.4 TOTAL: Specific Guide 150 - 180 days
Conceptual Guide 150 - 195 days
Addition of Section 3.5:
3.5 General Requirement for Collateral- The policy on Collateral as outlined in the Weld
County Administrative Manual shall be followed.
Period replacing commas or semicolons and the addition of periods:
Sections 1.1 - 1.11, delete "And" in Section 1.10, Page 2
Sections 4.3.1.1.1 - 4.3.1.1.12, delete "And" in Section 4.3.1.1.12, Pages 10 - 11
Sections 6.3.1 -6.3.8, delete "And" in Section 6.3.7, Pages 14-15
Sections 6.3.1.2.1.1 - 6.3.1.2.1.18, add periods, Pages 15 - 16
Sections 6.3.2.2.1.1 - 6.3.2.2.1.4, add periods, Page 16
Section 6.3.5.2.1 through 6.3.5.2.6.2, add periods, delete "And" in Sections 6.3.5.2.5 and
6.3.5.2.6.1, Page 19
Sections 6.3.6.2.1.1 - 6.3.6.2.1.5, add periods, delete "And" in Section 6.3.6.2.1.4, Page 21
Sections 9.2.1.12.1 - 9.2.1.14, add periods at the end of each Section, with the exception of
Section 9.2.1.13
Miscellaneous Minor Amendments
Section 2.5, third sentence add comas around phrase ", except for those containing residential USES,"
Section 2.5, fourth sentence replace "proportioned according" with the word "proportional"
Section 6.4.2.6.8 to read, "Consistency exists between the proposed Zone District(s) USE(S)
and the Specific or Conceptual Development Guide. The comma after the word
"District(s)" shall be deleted.
Minor Change
Component 2: Addition to Section 6.3.6.6 to be consistent with the Comprehensive Plan, Section 2.8.
6.3.6.6.5 Signs or components of signs that change physical position or light intensity by
any movement or rotation of the physical sign or components which make up the
sign or which give the visual impression of movement or rotation.
Minor Change
Component 3: Additions to application procedures for consistency with current policy add new
Sections 4.2.5, Page 9; 5.3.5, Page 13 (Renumber accordingly).
The applicant shall provide the Department of Planning Services with a certificate from the County
Treasurer showing no delinquent taxes for the parcel area.
1 E
Additions to application procedures for consistency with current policy add new Sections 5.3.6; 5.3.7;
5.3.8; 5.3.9; Page 13 (Renumber accordingly).
5.3.2 A copy of any agreements signed by agricultural irrigation ditch companic3 3pccifying the
agreed upon treatment of any problems resulting from the location of the ditch, or oil and gas
facilities, if applicable.
5.3.6 The applicant shall submit to the Department of Planning Services a copy of an agreement with
the mineral owners associated with the subject property. Such agreement shall stipulate that
the oil and gas activities on the subject property have been adequately incorporated into the
design of the site, OR shall provide written evidence that an adequate attempt has been made
to mitigate the concerns of the mineral owners on the subject property.
5.3.7 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.
5.3.9 The applicant shall submit to the Department of Planning Services a copy of an existing
easement or dedicated right-of-way when it is contiguous to an easement or right-of-way of the
proposed PUD.
5.3.9 The applicant shall submit to the Department of Planning Services an erosion control plan, if
required as a result of a Sketch Plan requirement.
Minor Change
Component 4: Mineral Owner/Lessee Notification. Current Section does not provide adequte
procedures. This was amended with Zoning Ordinance 89KK. Amending PUD Ordinance allows for
consistency in all Weld County Planning Documents.
Amendments to Section 5.3.3, page 13; Section 7.3.14, page 31
"A certified list of the namcs, addre3ses and the corresponding parcel identification number assigned
by the Weld County Assessor of the property owners of the property owners (the surface estate) within
five hundred (500) feet of the property subject to the application. The source of such list shall be the
records of the Weld County Assessor, or an ownership update frm a title or abstract An affidavit listing
the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land
being considered. The list shall be prepared from the real property records of the Weld County(or adjacent
County) Clerk and Recorder, and shall be current as of a date no more than thirty(30) days prior to the date the
application is submitted to the Weld County Department of Planning Services.
Minor Change
Component 5: Notification clarification. A 14-day publication notice is required for regular zone
changes and subdivision final plats. The PUD Ordinance, Sections 6.2.4.3 and 7.4.2.2.3 dictate a 15
day notice prior to hearing for PUD Final Plans. It is unclear if the 15 day requirement was made
arbitrarily to correspond with the 15 day requirement for PUD mailing requirements. According to
Attorneys Barker and Morrison, the 15-day requirement does not appear to be a statutory requirement,
and may therefore, be modified to a 14 day requirement.
Sections 6.2.4.3, 7.4.2.2.3 shall be amended to have a 14 day publication notice rather than a 15 day
publication notice.
2
Em
Minor Change
Component 6: Amendments at the request of the Department of Public Works.
The addition of Section 2.14. Subsequent sections shall be renumbered accordingly.
2.14 Parking Lot Surface - Parking lot surface and construction shall be compatible with the
surrounding development.
Substantial Changes
Component 1: Additions to the definition section. Renumbering shall occur for consistency.
CONSERVATION EASEMENT- 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 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.
Amend the definition of"Non-Urban Scale Development" on page 4, and "Urban Scale Development"
on page 5, to incorporate definition in current IGA:
"NON-URBAN SCALE DEVELOPMENT - Developments comprising comprised of five of less -or fewer
residential lots, located in a non-urban area as defined by the Weld County Comprehensive Plan, 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 systems shall have
a minimum lot size of one (1) acre and an overall density of two and one-half (21/2) 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(21/2) 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.
"URBAN SCALE DEVELOPMENT - Developments exceeding five (5) 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 public 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.
Substantial Changes
Component 2: Addition of a Cluster PUD Option to allow flexibility allowed by State Statute.
CLUSTER PUD -A CLUSTER PUD is a division of land creating single family residential parcels less
than thirty-five (35) acres each pursuant to the CLUSTER PUD process. A minimum of two-thirds of
the total area of the tract shall be reserved for contiguous land preservation. The density of a
CLUSTER PUD shall not exceed two (2) residential units for each thirty-five (35) acres. The CLUSTER
PUD option requires the preservation of land for agricultural purposes, view corridors, or wildlife habitat
or critical areas. This preserved land shall not be developed for at least forty (40) years from the date
the final plan is approved.
3
Addition of Section 3.5:
3.5 The intent and standards of the CLUSTER PUD are located in Section 10 of this Ordinance.
Addition of Section 10:
10 CLUSTER PUD
10.1 Intent
10.1.1 To recognize the current 35-acre exemption law and implement the provisions of
30-28-401, et. sect. C.R.S., the definition of"Rural Land Use Process"found in
30-28-402, et. sea., C.R.S., and the conditions for Cluster Development found in
30-28-403, et. seq., C.R.S.
10.1.2 To preserve and protect critical areas in the County by recognizing inherent
qualities of individual properties. Such qualities may include agricultural land,
regional preserves, parks and trails, distinctive landscapes, ecosystems, riparian
zones, wetlands, ecosystems, view corridors, water-sheds, wildlife habitat,
historic and archeological sites, and to encourage development respectful of
these inherent qualities.
10.1.3 To encourage development which fosters continued agricultural land uses and protects
the County's rural character, agricultural heritage, and the character of existing
communities while recognizing private property rights.
10.1.4 To recognize Weld County's Right to Farm in the Comprehensive Plan, the Zoning
Ordinance, and applicable County ordinances in effect.
10.1.5 To promote the goal of contiguous land preservation.
10.1.6 To develop new methods and incentives to encourage the retention of agricultural and
critical lands as productive, non-renewable resources.
10.1.7 To consider the impact of the development on infrastructure and the environment.
10.1.8 To encourage partnerships of the public/private communities to retain the County's rural
character.
10.1.9 To respond to the needs of the agricultural land owner.
10.1.10 To evaluate the impact on surrounding properties.
10.1.11 To establish rural development standards while encouraging innovative
subdivision design technologies.
10.1.12 To recognize and respect both individual rights and community interests and
values when development is proposed.
10.2 Standards
10.2.1 If the CLUSTER PUD is proposed on agricultural lands, the land shall be currently used
or capable of being used for agricultural production such as farming and ranching
operations for the next forty (40) years from the date of final approval.
4
10.2.2 The Outlot shall be restricted to farming and ranching operations and be free from
development for any other uses for a period of forty(40) years from the date of final
approval.
10.2.3 A minimum of 2/3 of the total area of the tract must be reserved for the preservation of
contiguous land.
10.2.4 The Outlot may be used for all agricultural uses by right, as passive view corridors,
recreation, or the preservation of environmentally-sensitive features such as wildlife
habitat, or critical areas.
10.2.5 Public access to the Outlot is not a requirement. The Outlot maybe substituted for the
COMMON OPEN SPACE requirement used in the traditional PUD application.
10.2.6 The intent of the Agriculture (A) Zone District as outlined in the Zoning Ordinance and
the Comprehensive Plan, including the Right to Farm Covenant, shall be met.
10.2.7 A CLUSTER PUD may be used in URBAN and NON-URBAN AREAS. A CLUSTER
PUD shall follow the procedures as outlined in this Ordinance.
10.2.8 The number of single family residential units must not exceed two (2) per thirty-five (35)
acre increment. The residential lots created by this option may not be further subdivided
in the future. This ratio is illustrated in the table below.
initial Parcel Size Total Number of Combined Size of Size of Outlot Site
in Acres Residential Lots Residential Building Site (OPEN SPACE) in Acres
80 4 26.6 acres 53.3 acres
160 9 53.3 acres 106.6 acres
240 13 80 acres 160 acres
320 18 106.6 acres 213.3 acres
Additional increments The equivalent of 2 The equivalent of one-third of The equivalent of two-thirds of
of 80 acres, not to Residential Lots per 35 the entire site acreage the entire site acreage
exceed 640 acres acres not to exceed 36
Residential Lots
10.3 Application Process and Time Parameters
10.3.1 The CLUSTER PUD is a three-step process following the established PUD process of
this Ordinance.
5
•
>^
Substantial Changes
Component 3: Section 2.20 amendments and a new Section 2.21 at the request of the Weld County
Department of Public Health and Environment pertaining to sewage disposal.
2.20 Water and Sewer Provisions A PUD Zone District shall Lemei vn,eLl-bya,radequalt-vnatti
supply and sewage disposal system. All I'UD's containing commercial and/or industrial uses
°hall be served by a public sewer system. All PUD's shall be served by a PUBLIC WATER
system as defined in this Ordinance. An exception may be granted for five lot 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
IUD applying for an exception to the public water requirement must be considered a non-urban
scale development as defined in the Ordinance. A f UD not served by public water shall
preserve a minimum 80 acre agricultural out lot. The Department of Planning Services and the
Weld County I lealth Department shall review any PUD applying for an exception to public water
to determine if the application meets the intent of the IUD regulations and state water
requirements. Water Provisions -A PUD Zone District shall be served by an adequate water
supply, as determined by the Weld County Department of Public Health and Environment. All
PUD's shall be served by a PUBLIC WATER system as defined in this Ordinance. An exception
may be granted for five lot 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 the Ordinance. A
PUD not served by public water shall preserve a minimum 80 acre agricultural out-lot. The
Department of Planning Services and the Weld County 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.
2.21 Sewer Provisions -A PUD Zone District shall be served by an adequate sewage disposal
system. All PUD's containing commercial, industrial, and/or urban-scale uses shall be served by
a public sewer system. The proposed subdivision shall comply with the sanitary sewage
disposal requirements of the underlying 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
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 Home Owners
Association, etc.), who will perform each of the various parts of the plan, and enforcement
provisions. No sewage disposal system plan shall receive the approval of the Board unless the
Department of Public Health and Environment has made a favorable recommendation. Appeal
of an unfavorable Department of Public Health and Environment recommendation shall be in
accordance with the procedures set out in Section 3.11 of the Weld County Individual Sewage
Disposal Systems Regulations.
6
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REFERRAL LIST
NAME:Weld County CASE NUMBER: Ordinance 197-A
REFERRALS SENT: October 2,2000 REFERRALS TO BE RECEIVED BY: October 24,2000
COUNTY TOWNS and CITIES
_X Attorney Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
_X Public Works Erie
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
Code Enforcement Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: _LaSalle
Loveland Lochbuie
Greeley _Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
School District Greeley
Ditch Company Longmont
West Adams
UMW
COMMISSION/BOARD MEMBER 4
t ‘its,""s•
'�■� Weld County Referral
"ligOctober 2, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Weld County Case Number Ordinance 197-A
Please Reply By October 24, 2000 Planner Anne Best Johnson
Project Amendments to the Planned Unit Development Ordinance. Substantial Changes
shall include additions to the Definition Section, Cluster PUD procedure,
and Public Water and Sewage Disposal additions. Other amendments include
document-wide renumbering, spelling corrections, type face, and alignment for
consistency.
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 7, 2000
❑ W have reviewed the request and find that it does/does not comply with our Comprehensive Plan
.0'We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Azi Date /9OAa
Agency IA/A /C Weld County Planning Dept.
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 6(970)353-6100 ext.3540 +(970)304-6498 fax
OCT 11 2000
EXHIBIT
RECEIVED
MEMORANDUM
(it
To: Planning Commission Members
From: Anne Best Johnson
wig 0 Subject: Cash-In Lieu/Land Dedication
COLORADO Date: November 7, 2000
The following items represent amendments to the Planned Unit Development(PUD) and Mixed Use
Development (MUD) Ordinances at the direction of the Board of County Commissioners. These proposed
amendments provide an option to the Open Space requirement of proposed developments.
The MUD Area is the identified urban corridor in unincorporated Weld County. According to Map 2.1 of the
MUD Ordinance, Map 4.7 of the MUD Background Document, various parks and a regional trail network are
designated. Furthermore, the St. Vrain Valley Open Lands and Trails Master Plan identifies areas to preserve
wildlife habitat, riparian areas, and active agricultural lands, for example. In the absence of a Land Evaluation
and Site Assessment(LESA)Program for greater Weld County, it is problematic to identify receiving areas for
the following Cash-in-Lieu dedication alternative outside the MUD area where lands have been identified in the
MUD Plan and the St. Vrain Valley Open Lands and Trails Master Plan.
The intent of these proposed amendments is to adhere to the land preservation goals of the St. Vrain Valley Open
Lands and Trails Master Plan, the goals and policies of the Comprehensive Plan and the MUD Plan.
MUD and PUD Ordinance: Definition Section Additions
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.
CONSERVATION AREA Environmentally sensitive areas with characteristics such as steep slopes,
ETLANDs,flood plains, high water tables, endangered species habitat,
riparian areas, historic woodlands, native prairie, areas ofsignificant biological
productivity or uniqueness, or areas ofsignificant cultural resources that have
been designated for protection from any activity that would.significantly alter
their ecological integrity, balance or character.
PUBLIC PURPOSE Parks,playgrounds, trails,paths, and other recreational areas and open spaces;
and scenic and historic sites. A PUBLIC PURPOSE mqy also include
productive agricultural lands; riparian areas and their BUFFERS; WETLANDs
and their BUFFERS; CONSERVATION AREAS; BUFFER ZONES or AREAS:
SCENIC AREAS;SCENIC CORRIDORS:floodways and floodplains;
groundwater resources and recharge areas; historic. archaeological and
cultural features; scenic viewsheds from public roads; wildlife preserves: and
CONSERVATIONAREAs. Areas such as WETLANDs and their BUFFERS;
CONSERVATION AREAS; BUFFER ZONES or AREAS; SCENIC AREAS; and
SCENIC CORRIDORS are areas that may or may not allow public access.
These spaces shall serve a PUBLIC PURPOSE by providingfor the protection of
environmentally sensitive lands, agricultural practices, and SCENIC AREAs or
corridors.
SCENIC AREA An open area with natural features that are visually significant or geologically or
botanically unique.
SERVICE,TEAMWORK,INTEGRITY,QUALITY Y
SCENIC 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.
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.
PUD Ordinance
Section 4.2.5.15 (Sketch Plan Requirements for Submittal)
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 optic market value of the overall property under development consideration at the time of
final plat. or dedicating an equal number of acres at a different site. Should the developer select to purchase land
for reduced on-site COMMON OPEN SPACE, the land shall be purchased within the MUD Area, or an alternative
site designated by the Board of County Commissioners.
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 OPENSPACE based upon the site features of the applicant
site. Individual site features shall be taken into consideration by the Department of Planning Services upon review
of the application.
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 ofa 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.
The amount collected shall be deposited in an escrow account to be expended within 10 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 the MUD Chapter of the County Code.
Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency.
A written agreement to this effect shall be provided to the Department of Planning Services at the time the Sketch
Plan application is submitted. The agreement shall indicate the agency's readiness and ability to accept the land
dedication or conservation easement. A brief statement regarding the maintenance of the property shall also be
provided. Failure to provide this information may result in the Department of Planning Services inability to accept
the Change of Zone application on the subject site.
Performance Standards and Bulk Standards of the proposed zoning district shall he adhered to.
Add a last sentence to the following Sections for adequate public notice:
6.4.2.3 Legal Notice Publication
"The public notice shall include a legal description of the property being considered for off-site dedication,for a
PUBLIC PURPOSE. If the Cash-In-Lieu option is selected, the public notice shall also include a statement to that
effect.
6.4.2.4 Notice to those within 500 feet
"Notice shall include a legal description of the property being considered for off-site dedication for a PUBLIC
PURPOSE. If the Cash-In-Lieu option is selected, the public notice shall also include a statement to that effect. "
SERVICE,TEAMWORK,INTEGRITY,QUALITY
6.4.2.5 Sign Posting
"The sign posting shall also include a legal description of the property being considered for off-site dedication fin
-
a PUBLIC PURPOSE A sign shall he posted on the property under consideration as the off-site dedication. If the
Cash-In-Lieu option is selected. the public notice shall also include a statement to that effect. "
Section 6.3.5.2.7.1 (Development Guide on Open Space @ 15%)
All PUD'c may apply for a greater density and have reduced COMMON OPEN SPACE when applying the Cash-
In-Lieu alternative listed in the MUD Chapter of the County 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.
The required acreage may he 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 he 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.
A written agreement to this effect shall be provided to the Department of Planning Services at the time the Sketch
Plan application is submitted. Failure to provide this it;formation may result in the Department of Planning
Services inability to accept the Change of Zone application on the subject site.
In-lieu of the preservation of land for COMMON OPEN SPACE and subject to the discretion of the Board of
County Commissioners, the applicant has the option of paying to a public entity approved by the County an
amount equal to a proportionate share of the market value of the overall property under development
consideration at the time of final plat, or dedicating an equal number of acres at a different site. Should the
developer select to purchase land.for reduced on-site COMMON OPEN SPACE, the land shall he purchased
within the MUD Area, or an alternative site designated by the Board of County Commissioners.
Jfthe 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 AR 1 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
The amount collected shall he deposited in an escrow account to be expended within 10 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 the MUD Chapter of the County Code.
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 he 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 oj'Planning
Services inability to accept the Change of Zone application on the subject site.
Perfbrniance Standards and Bulk Standards of the proposed zoning district shall he adhered to.
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 be taken into consideration by the Department of
Planning Services upon review of the application.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
MUD Ordinance:
2.3.1 Cash In Lieu of COMMON OPEN SPACE Regulations
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.
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.
PUBLIC PURPOSE Parks,playgrounds, trails, paths, and other recreational areas and open spaces:
and 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; SCENIC 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
SCENIC CORRIDORS are areas that wain 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.
SCENIC AREA An open area with natural features that are visually significant or geologically or
botanically unique.
SCENIC CORRIDOR An area visible from a highway, waterway, railway, or ntafor 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.
WE'T'LAND An area that is inundated or saturated by surf ce 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.
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 offinal 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.
This option does not provide a complete elimination of'COMMON 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 he taken into consideration by the Department of
Planning Services upon review of the application.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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 M.4I 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.
The amount collected shall be deposited in an escrow account to be expended within 10 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 the MUD Chapter of the County Code.
Any area so dedicated shall he approved by the proper public agency and shall he maintained by the public
agency. A written agreement to this effect shall be provided to the Department of Planning Services at the time
the Sketch Plan application is submitted. The agreement shall indicate the agency's readiness and ability to
accept the land dedication or conservation easement. A brief statement regarding the maintenance of the
property shall also be provided. Failure to provide this information may result in the Department of Planning
Services inability to accept the Change of Zone application on the subject.site.
Perfbrmance Standards and Bulk Standards of the proposed zoning district shall he adhered to.
The required acreage shall be determined according to Table 2.2. Land shall he dedicated to a public agency for
one or more essential PUBLIC PURPOSEs. This option does not provide a complete clinzination 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 s site features shall be taken into consideration
by the Department of Planning Services upon review of the application.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
REFERRAL LIST
NAME:Weld County CASE NUMBER: Ordinance 197-B
REFERRALS SENT: October 27,2000 REFERRALS TO BE RECEIVED BY: November 17, 2000
COUNTY TOWNS and CITIES
_X Attorney _Ault
_X Health Department Brighton
Extension Service Broomfield
_Emergency Management Office Dacono
_X_Sheriffs Office Eaton
_X Public Works Erie
Housing Authority _Evans
Airport Authority _Firestone
_Building Inspection _Fort Lupton
Code Enforcement Frederick
STATE Garden City
Division of Water Resources Gilcrest
_Geological Survey Greeley
Department of Health Grover
Department of Transportation _Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
School District Greeley
Ditch Company Longmont
West Adams
DONUT I
COMMISSION/BOARD MEMBER
Weld County Referral
' October 27, 2000
•
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Weld County Case Number Ordinance 197-B
Please Reply By November 17, 2000 Planner Anne Best Johnson
Project Amendments to the Planned Unit Development Ordinance. Substantial Changes
shall include amendments to Section 2.5 and 6.4.5 to cover substantial changes to
the Open Space requirement including a land dedication or cash-in-lieu option.
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 21, 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter. Weld County Planning Dept.
Comments: Nov 14 2000
RECEIVED
Signature Date /7/I 0-O
P /L LI
Agency ()J I' !I/-
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 .•(970)353-6100 ext.3540 •:•(970)304-6498 fax
Definition of a 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(40)years.
SUBURBAN SCALE DEVELOPMENT—Developments comprised of more than eight
residential lots but whose gross densities are no greater than 2 '/2 acres per lot, with a
minimum lot size of one acre per residential lot. All lots would be serviced by potable
water and enhanced septic sewer systems.
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 of the development. URBAN SCALE
DEVELOPMENT requires support services including potable water, sewer systems, road
networks, and storm drainage.
4
F p,e�t
9
ote UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
COTM REGION 8
W 999 18 STREET - SUITE 500ovvrci
'Iry DENVER, CO 80202-2466
April 17, 2000 RECEIVED
App 1 a kW)
Ref: 8P-W-GW-UIC ENIHROmak HEALTH HE@Vigat
CERTIFIED MAIL
RETURN RECEIPT REOUESTED EXHIBIT
Pam Smith dr
1555 N. 17th Ave
Greeley, CO 80631
RE: UNDERGROUND INJECTION CONTROL
New Class V Injection Well Regulations
Dear Pam Smith:
This letter is to inform you about the U.S. Environmental Protection Agency (EPA)
Underground Injection Control (UIC) Class V Program and trewregulations that have recently
-taken effect under this progrtkaii j hellIC Class V Program regulates disposal or subsurface
placement of certain fluids into wells,`dry wells, sumps, drain fields, cesspools, industrial sepal';
systems, and many other types of wells or systems that direct waste fluids or stormwater into the
.ground: New regulations have recently taken effect that apply to large capacity cesspools and
motor vehicle waste disposal wells. As of April 5, 2000, the new regulations ban the
construction of new large capacity cesspools and new motor vehicle waste,disposal wells.
Cesspools are underground receptacles receiving untreated sewage. Unlike septic
systems that have attached leach or absorption fields, cesspools allow untreated sewage to seep
into the surrounding soil. Large capacity cesspools are those that have the capacity to serve 20 or
more people per day. Motor vehicle waste disposal wells occur in shop areas where work is done
on any type of internal combustion engine and a floor drain leads to a septic system,dry well, or
any other conduit releasing fluids into the ground. A Fact Sheet summarizing the new
regulations is included with this letter. Also attached for your reference is a complete set of the
recently modified regulations for Class V shallow disposal systems.
At this time EPA Region 8 is attempting to contact local government officials who are in
the position to review and approve building and associated plumbing plans. Your name was
included on a mailing list resulting from the Colorado Environmental Health Association annual
survey. The mailing list identified you as the contact person for your county who is in the
position to identify and possibly approve the construction of underground disposal systems.
Panted on Recycled Paper
EPA's goal in contacting you with this new regulatory information is to inform you of the recent
ban on motor vehicle disposal wells and large capacity cesspools. We are concerned that
owners/operators unaware of this recent ban will incur needless expense through construction of
new disposal systems that EPA will be forced to close because of the new regulations.
A representative from the Region 8 UIC Class V program will be calling you soon to
request information about your county's policy on cesspools and floor drains connected to septic
systems, and who else, either at the county or municipal level, you would recommend we contact
in your county.
The EPA administers the UIC Program in Colorado as mandated by Part C of the Safe
Drinking Water Act, 42 United States Code (U.S.C.) §1421 through §1428. The Federal
Regulations associated with the UIC Program can be found in 40 CFR Parts 124, 144, 146, and
147.
If you have questions about Class V regulations, policies, or guidance, please contact me
at 303-312-6276. For calls outside the Denver local calling area, I can be reached at 1-800-227-
8917 x6276.
Thank you for your cooperation.
Sincerely,
Valois Shea
Region 8 Class V Team
Enclosures: The Class V Rule Fact Sheet
Federal Register, Tuesday,December 7, 1999
•
Weld County Referral
October 27, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Weld County Case Number Ordinance 197-B
Please Reply By November 17, 2000 Planner Anne Best Johnson
Project Amendments to the Planned Unit Development Ordinance. Substantial Changes B
shall include amendments to Section 2.5 and 6.4.5 to cover substantial changes to
the Open Space requirement including a land dedication or cash-in-lieu option.
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 21, 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
&' We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature „ j14-
D_P� Date I j_ ,e5,OAgency c= t�G r(- S OrIt Cr-
•:•Weld County Planning Dept. 4.1555 N. 17th Ave.Greeley, CO.80631 •:•(970)353-6100 ext.3540 4(970)304-6498 fax
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