HomeMy WebLinkAbout20010727 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cathy Clamp 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:
PLANNER: Anne Best Johnson
CASE NUMBER: Mixed Use Development Plan, Ordinance, 191F, County Code
APPLICANT: Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
REQUEST: Amendments to the Mixed Use Development (MUD) Plan to encompass the addition of
Section 26.2.80 C4 and Section 26.2.40 C.
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:
(1) A statement describing why the MUD Plan [comprehensive plan] is in need of revision.
The Department of Public Works has requested the addition of Section 26.2.80 C4 for clarification of current
practice and to eliminate conflict between county ordinances.
The Board of County Commissioners has requested an option to the Open Space requirements by adding
Section 26.2.40 C. This option allows greater flexibility in design and development.
(2) A statement describing how the proposed amendment will be consistent with existing and
future goals, policies, and needs of the County.
Accurate information is essential for citizens to have when preparing application materials for the County.
In addition, the Cash-in-Lieu option provides greater flexibility in development.
More specifically, the proposed amendments are as follows:
MUD Section 26.2.80 C4
Structural Road Improvements
Adjacent roadways shall be improved 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 the nexus and proportional 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.
Substantial Change Component 2: Section 26.2.40 C - 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.
2001-0727
RESOLUTION 171F
Weld County
Page 2
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 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.
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 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.
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 purpose. 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 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.
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.
RESOLUTION 171F
Weld County
Page 3
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.
The required acreage shall be determined according to Table 26-E. Land shall be dedicated to a public
agency for one or more essential PUBLIC PURPOSES. This option does not provide a complete elimination
of COMMON OPEN SPACE within the proposed development. This option does provide a reduced amount
of COMMON OPEN SPACE based upon the site features of the applicant site. Individual site features shall
be taken into consideration by the Department of Planning Services upon review of the application.
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.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
Arlan Marrs Bryant Gimlin
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
21 1 of November, 2000.
Trisha Swanson
Secretary
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 21, 2000
Page 8
Michael Miller moved to approve Substantial Component#2 of the MUD Ordinance. 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; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, no; Cristie Nicklas, yes. Motion carried.
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 minor changes of Ordinance 173-F.
Michael Miller moved to approved minor change#1. 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 moved to approved minor change#2. 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; Jack Epple, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
Cathy Clamp moved to approved minor change#3. 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.
Stephen Mokray moved to approved minor change#4. 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.
Cathy Clamp moved to approved minor change#5. 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 21, 2000
Page 17
Discussion followed concerning what structures would be allowed under the new rules of this section.
Stephen Mokray moved to accept Substantial Change#6 to Ordinance 89LL and to forward Ordinance 89LL
to the Board of County Commissioners with the Planning Commissions recommendation of approval. 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; Cristie Nicklas, yes. Motion carried unanimously.
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 changes to Ordinance 191-F.
Cathy Clamp moved to approve Ordinance 191-F with the approved amendments from Ordinance 197-A and
forward 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; Cristie Nicklas, yes. Motion carried unanimously.
Meeting adjourned at 5:00 p.m.
Respectfully submitted
Trisha Swanson
Secretary
n
Kits terw.NsrIDEPARTMENT OF PLANNING SERVICES
W�`p�. PHONE (970) 353-6100, EXT.3540
155FAX (970) 304-6498
5 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
October 27, 2000
Weld County Planning Department
Attn:Anne Best Johnson
1555 N. 17'"Ave
Greeley, CO 80631
Subject: Ordinance 191-F- 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.
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 MUD Ordinance,
Ordinance 191F,
County Code
Submitted or Prepared
Prior to At Hearing
Hearing
1 Staff Comments(4 pages) X
2 Notice of Public Hearing X
3 Application (6 pages) X
4 Referral List, Letter to Referral Agencies, Letter to Applicant(3 X
pages)
5 Substantial Change#2, Memo from Department of Planning X
Services dated November 7, 2000 (5 pages)
6 Weld County Sheriff's Office, referral dated 11/6/00 X
7
8
2 Items submitted at planning commission
I hereby certify that the 6 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.
Anne Best Johnson •8 ong ange Planner
4**=;,
MIXED USE DEVELOPMENT SHEET
AMENDMENT
SUMMARY
COLORADO
Case Number: Mixed Use Development Plan, Ordinance, 191, County Code
Hearing Date: November 21, 2000
Applicants: Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Request: Amendments to the Mixed Use Development Ordinance. Substantial Changes
shall include amendments to MDU.CPolicy 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
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
There are two criteria for review of this amendment to the Comprehensive Plan and Mixed Use
Development Area Plan. The first criteria is found in Section 1.1.3 of the Mixed Use
Development Plan. The second 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 Sheriff's Office, referral dated 11/6/00
SERVICE,TEAMWORK,INTEGRITY,QUALITY
AMENDMENT TO THE MUD PLAN
WELD COUNTY ORDINANCE 191
The Department of Planning Services staff recommends that this request be approved for the
following reasons:
Criteria for amending the text of the MUD Plan are not listed in the MUD Ordinance. Therefore,
staff has consistently relied upon criteria used when amending the Comprehensive Plan.
Page 1-2 of the Comprehensive Plan states that the petition shall pay for publication of the
proposal. Weld County shall pay this fee. These proposed amendments are at the request of
the Board of County Commissioners. Therefore the amendment structure of receiving
completed application packets prior to October shall not come into play.
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.
Page 1-2 of the Comprehensive Plan states that, "Evaluation of the Comprehensive
Plan is necessary to provide an accurate statement of county land-use goals and
policies based on current data and the needs of Weld County citizens." This goal can only be
accomplished by these amendment procedures.
(2) A statement describing how the proposed amendment will be consistent with existing
and future goals, policies, and needs of the County. The proposed amendment is consistent
with the MUD Plan and the Comprehensive Plan.
For component 1: P.Goal 1 states, "Promote efficient and cost effective delivery of public
facilities and services." This component will ensure the efficient coordination of road
development.
For component 2: MUD.CGoal3 states, "Community form and identity shall be encouraged
through the enhancement and preservation of natural resources and features."
Comprehensive Plan W.Goal1 further states, "New developments should be located and
designed to preserve critical ecosystems components." The cash in lieu option provides for
such protection.
Substantial Change Component 1 represents proposed amendments at the request of the
Department of Public Works.
Structural Road Improvements
Adjacent roadways shall be improved 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.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Substantial Change Component 2 represents amendment requests by the Board of County
Commissioners. This is a Cash-In-Lieu of Common Open Space Dedication proposal which
provides the developer another option to the Common Open Space requirement.
Section 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 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.
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 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.
in-lieu of the preservation of land for COMMON OPEN SPACE and subject to the discretion of
the Board of County Commissioners, the applicant has the option of paying to a public entity
approved by the County an amount equal to a proportionate share of the market value of the
overall property under development consideration at the time of final plat, or dedicating an
equal number of acres at a different site. Should the developer select to purchase land for
reduced on-site COMMON OPEN SPACE, the land shall be purchased within the MUD Area, or
an alternative site designated by the Board of County Commissioners.
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
SERVICE.TEAMWORK INTEGRITY,QUALITY
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.
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 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 be adhered to.
The required acreage shall be determined according to Table 2.2. Land shall be dedicated to a
public agency for one or more essential PUBLIC PURPOSEs. This option does not provide a
complete elimination of COMMON OPEN SPACE within the proposed development. This option
does provide a reduced amount of COMMON OPEN SPACE based upon the site features of the
applicant site. Individual site features shall be taken into consideration by the Department of
Planning Services upon review of the application.
These recommendations are based in part upon a review of the application materials, other
relevant information regarding the request, and responses from referral entities.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
MUD Section 2.7.3
Structural Road Improvements
Adjacent roadways shall be improved 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.
EXHIBIT
REFERRAL LIST
NAME:Weld County CASE NUMBER: Ordinance 191-G
REFERRALS SENT: October 27, 2000 REFERRALS TO BE RECEIVED BY:August 30,2000
COUNTY TOWNS and CITIES
_X Attorney Ault
X_Health Department Brighton
_Extension Service Broomfield
Emergency Management Office Dacono
_X Sheriff's 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
_X_Ginny Shaw West Adams
COMMISSION/BOARD MEMBER EXHIBIT
John Folsom A
(it\ MEMORANDUM
T To: Planning Commission Members
From: Anne Best Johnson
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,
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 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.
SCENIC AREA An open area with natural features that are visually significant or geologically or
botanically unique.
EXHIBIT
SERVICE,TEAMWORK,INTEGRITY,QUALITY
SCENIC CORRIDOR An area risible from a highway. waterway, railway, or major hiking, hiking 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/hr COMA-ION OPEN SPA CE 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 oldie overall properly 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 ca 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.
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 he 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:
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-sue 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 theproperty being considered.for off--site dedication for
a PUBLIC PURPOSE. A sign shall be posted on the property under consideration as the of-site dedication. If the
Cash-ln-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'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-
Liett 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 he reserved through deed restrictions as open area,
the maintenance of which shall be ensured by specific obligations in the deed bleach 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.
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 ofpaying to a public entity approved by the County an
amount equal to a proportionate share of the market value of the overall property under development
consideration at the time of final plat, or dedicating an equal number of acres at a different site. Should the
developer select to purchase land.for reduced on-site COMMON OPEN SPACE, the land shall be purchased
within the MUD Area, or an alternative site designated by the Board ofCounty Commissioners.
lithe 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 ()fa MAI or an ARA is desirable. The appraiser
shall be selected by loth 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 fur COMMON OPEN SPACE,parks. wildlife preserves, riparian areas, trails, or other lands to he
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 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 bricifistatement regarding the maintenance of the
property shall also be provided. Failure to provide this infbrmation 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.
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.
CONSERPA HON 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;
CONSERVATIONAREAS; 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.
SCENIC AREA An open area with natural,features that are visually significant or geologically or
botanically unique.
SCENIC CORRIDOR An area visible from a highlway, 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.
In-lieu of the preservation of land for COMMON OPEN SPACE and subject to the discretion of the Board of
County Commissioners, the applicant has the option of paying to a public entity approved by the County an
amount equal to a proportionate share of the market value of the overall property under development
consideration at the time of final plat, or dedicating an equal number of acres at a different site. Should the
developer select to purchase land for reduced on-site COMMON OPEN SPACE, the land shall be purchased
within the MUD Area. or an alternative site designated by the Board of County Commissioners.
This option does not provide a complete elimination al COMMON SPACE within the proposed
development. This option does provide a reduced amount of COMMON OPEN SPACE based upon the site
features oftlre 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
If the in-lieu method chosen by the applicant is the payment of cash. such value shall he 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 he selected by both the Board of County Commissioners and the applicant. The applicant shall he
responsible,for all fees associated with the appraisal.
The amount collected shall be deposited in an escrow account to be expended within 10 years firom the collection
date for COMMON OPEN SPACE,parks. wildlife preserves, riparian areas, trails, or other lands to he
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 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 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.
The required acreage shall he 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 elimination of COMMON
OPEN SPACE within the proposed development. This option does provide a reduced amount ofCOMMON 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
S 6
Weld County Referral
IDOctober 27, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Weld County Case Number Ordinance 191-F
Please Reply By November 17, 2000 Planner Anne Best Johnson
Project 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.
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
It, We have reviewed the request and find no conflicts with our interests.
O See attached letter.
Comments:
Signature / P Date ��-06 'trio
Ct
Agency ) �) r§7rap
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 •+(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Referral
WIlD 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 191-F
Please Reply By November 17, 2000 Planner Anne Best Johnson
Project 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.
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
24 We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature A-. Q M(J/�y1 16- Date //NA cod
Agency f/ (AJ('6 fi -f Weld County Planning Dept.
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)tr,V491t 4,P000
RECEIVED
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 17, 2000
Page 4
Cathy Clamp asked if the site would be by wholesale only or if it would be open to the public. Mr.Yost noted
that they could possibly open to the public. Cathy Clamp noted that because of possible molds in the area
they should post signs warning of the possible health hazard of the mold. Mr.Yost noted that they would be
willing to do this.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cristie Nicklas asked if the applicant was in agreement with the Conditions of Approval and Development
Standards. Mr. Yost noted they are in agreement.
Cristie Nicklas asked Don Carroll if Public Works felt the improvements agreement will suffice for the issue
of road maintenance. Mr. Carroll noted that Public Works will work with the applicant to get an acceptable
agreement.
Cathy Clamp moved that Case USR-1285 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the amendment to Development Standard#15
wording with the Planning Commissions recommendation of approval, noting that the application was in
compliance with the proposed Amendment 24. Michael Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes; Cathy Clamp,yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Cathy Clamp moved that the Certificate of Designation for USR-1285 be approved and forwarded to the Board
of County Commissioners along with the Planning Commissions recommendation of approval. Michael Miller
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,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 191-f)C
APPLICANT: Weld County
PLANNER: Anne Best Johnson
REQUEST: Amendments to the Mixed Use Development (MUD) Plan to encompass the removal of
Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
Anne Best Johnson, Planner, noted that this is to remove Section 3 from Ordinance 191-E, as this was
mistakenly recorded. Anne noted that Section 3 is the background information used to create the ordinance
and was never intended to be a part of the document. Anne also noted that Figure 2.10 is a part of the
Subdivision Ordinance and will be easier to reference and change if it is only in one ordinance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Michael Miller asked if this would create a new ordinance that contained the background information. Anne
noted that no new ordinance would be created.
Jack Epple moved that Ordinance 191-F be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephen Mokray seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 17, 2000
Page 5
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray,yes; Michael Miller, yes; Jack Epple,yes; Bryant Gimlin, yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nickles, yes. Motion carried unanimously.
CASE NUMBER: USR-1290
APPLICANT: Nextel Communications
PLANNER: Lauren Light
LEGAL DESCRIPTION: SE4 SE4 of Section 18,Township 3 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Major Facility of a Public
Utility(Wireless Communication Facility).
LOCATION: North of and adjacent to WCR 32; approximately 1/2 mile east of SH 85.
Lauren Light,Planner,read the Department of Planning Services recommendation of approval into the record.
Lauren noted that the antennas will be placed on an existing water tower with existing antennas.
Cathy Clamp asked if the antennas would be larger than the existing antennas. Lauren noted the applicant
would be able to answer that.
Fred Walker asked why Development Standard#8 allowed industrial noise levels. Sheble McConnellogue,
Department of Public Health and Environment, noted that the past USR's for the same application have all
had this Development Standard. Sheble noted that this is usually for construction purposes.
Herb Quintana, Representative for Nextel Communications, noted that the antennae would be similar to the
existing antennae on the water tower.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Herb Quintana noted that they are in agreement with the Development Standards and Conditions of Approval.
Stephen Mokray moved to approve Case USR-1290 with the Conditions of Approval and Development
Standards, noting that the application was in compliance with the proposed Amendment 24. Michael Miller
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray,yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin,yes; Cathy Clamp,
yes; Fred Walker, yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: USR-1288
APPLICANT: Mike Goss
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SE4 of the SW4 of Section 16, Township 5 North, Range 66
West of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establish (Animal Training and Boarding) in the Agricultural Zone District.
LOCATION: North of and adjacent to 28`" Street and approximately 800 feet west of 65"Avenue.
Sheri Lockman, Planner, presented Case USR-1288 and read the Department of Planning Services
recommendation of approval into the record. Sheri noted that the City of Greeley asked for denial of this
application, but the City of Greeley is not part of an IGA with Weld County. The applicant will be required to
attempt to address the concerns of the city.
Michael Miller asked if there would be any changes to the site from its current state.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple 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: Mixed Use Development Plan, Ordinance 191-F, County Code 2000-1 -
Planner: Anne Best Johnson
Applicant: Weld County Department of Planning Services
Address: 1555 N. 17'Avenue
Greeley, CO 80631
Request: Amendment to the Mixed Use Development (MUD) plan to encompass the removal of
Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
be recommended favorably to the Board of County Commissioners for the following reasons:
The following items are the criteria for reviewing amendments to the MUD Plan based upon criteria used
in reviewing amendments to the Comprehensive Plan. These criteria shall be submitted as part of the
proposed amendment.
Page 1-2 of the Comprehensive Plan, Item 2, Weld County Ordinance 147P:
(1) A statement describing why the MUD Plan [comprehensive plan] is in need of revision.
Section 3 was never intended to be recorded as part of the MUD Plan. In fact,the Department of Planning
Services has physically separated Section 3 from the remainder of the MUD Plan and titled Section 3, "MUD
Plan Background Document." This was intended to be a separate document due to the statistics being tied
to a specific period of time. These statistics are easily outdated and are in need of constant revision.
Further, this information is not regulatory, but rather, used as an informative document when making land
use decisions.
Figure 2.10 was removed with amendment proposals of Ordinance 191-E. When the entire recorded
document was provided to the Department of Planning Services, one additional figure titled,
Collector/Employment Center, has never been included in the MUD Plan, Ordinance 191. Due to the fact
that Figure 2.10 was removed at Ordinance 191-E, it is consistent to remove this figure and place it in the
Subdivision Ordinance along with all other figures.
(2) A statement describing how the proposed amendment will be consistent with existing and
future goals, policies, and needs of the County.
Accurate information and ordinances which reflect current practice are important for the public to have.
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.
Motion seconded by Stephen Mokray.
RESOLUTION, Ordinance 191-F
Weld County Mixed Use Development Area
Page 2
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Arlan Marrs
Fred Walker
John Folsom
Michael Miller
Bryant Gimlin
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 October 17, 2000.
Dated the 17th of October, 2000.
354- 57-011C
Trisha Swanson
Secretary
Wi`NC MIXED USE
SUMMARY SHEET DEVELOPMENT PLAN
COLORADO
Case Number Mixed Use Development Plan, Ordinance, 191F, County Code
Hearing Date: October 17, 2000
Applicants: Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Request: Amendments to the Mixed Use Development (MUD) Plan to encompass the
removal of Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
There are two criteria for review of this amendment to the Comprehensive Plan and Mixed Use
Development Area Plan. The first criteria is found in Section 1.1.3 of the Mixed Use
Development Plan. The second 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 Works, referral dated August 28, 2000
Weld County Department of Public Health and Environment, referral dated August 22,
2000
SERVICE,TEAMWORK,INTEGRITY,QUALITY
AMENDMENT TO THE MUD PLAN
WELD COUNTY ORDINANCE 191-F
Request: Amendments to the Mixed Use Development (MUD) Plan to encompass the
removal of Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
The following items are the criteria for reviewing amendments to the MUD Plan based upon
criteria used in reviewing amendments to the Comprehensive Plan. These criteria shall be
submitted as part of the proposed amendment.
The Department of Planning Services staff recommends that this request be approved for the
following reasons:
Page 1-2 of the Comprehensive Plan, Item 2, Weld County Ordinance 147P:
(1) A statement describing why the MUD Plan [comprehensive plan]is in need of
revision.
Section 3 was never intended to be recorded as part of the MUD Plan. In fact, the Department
of Planning Services has physically separated Section 3 from the remainder of the MUD Plan
and titled Section 3, "MUD Plan Background Document." This was intended to be a separate
document due to the statistics being tied to a specific period of time. These statistics are easily
outdated and are in need of constant revision. Further, this information is not regulatory, but
rather, used as an informative document when making land use decisions.
Figure 2.10 was removed with amendment proposals of Ordinance 191-E. When the entire
recorded document was provided to the Department of Planning Services, one additional figure
titled, Collector/Employment Center, has never been included in the MUD Plan, Ordinance 191.
Due to the fact that Figure 2.10 was removed at Ordinance 191-E, it is consistent to remove
this figure and place it in the Subdivision Ordinance along with all other figures.
(2) A statement describing how the proposed amendment will be consistent with
existing and future goals, policies, and needs of the County.
Accurate information and ordinances which reflect current practice are important for the public
to have.
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
� n
DEPARTMENT OF PLANNING SERVICES
WliDePHONE (970) 353-6100, E46498
FAX (97(970) 3004-.6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
August 8, 2000
Weld County Planning Department
Attn:Anne Best Johnson
1555 N. 17'"Ave
Greeley, CO 80631
Subject: Ordinance 191-F- Amendments to the Mixed Use Development(MUD)Plan to encompass the
removal of Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
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 October 17, 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.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore,our office has forwarded a copy of the submitted materials to the Firestone, Frederick, Mead, and
Longmont Planning Commissions for their review and comments. Please call the Town of Firestone at 303-
833-3291, the Town of Frederick at 303-833-2388, the Town of Mead at 970-535-4477, and the City of
Longmont at 303-651-8330 for further details regarding the date, time, and place of these meetings. It is
recommended that you and/or a representative be in attendance at the Firestone, Frederick, Mead, and
Longmont Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Anne Best Johnson
Long Range Planner
/ 6 MEMORANDUM
ApeO
WCTo: Referral Agencies
COLORADO From: Anne Best Johnson, Long Range Planner
Subject: MUD Ordinance
Date: August 8, 2000
Attached are copies of Section 3 and Figure 2.10 of the current MUD Ordinance, Ordinance
147. Section 3 contains material found in the MUD Background Document. This Section was
never intended to be adopted by Ordinance as it contains statistics that are outdated. These
figures were used in the preparation of the MUD Plan and intended for reference only. The
figures listed as Figure 2.10 are being removed and placed in the Subdivision Ordinance. This
lone Figure 2.10 has never been included in our MUD Ordinance and shall be included in the
Subdivision Ordinance with all other Figures previously labeled 2.10 of the MUD Ordinance.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
RIM
Fig. 2.1€ ,continued)
LOYNIENT CENTER
COLLECTOR/EMPLOYMENT
80'
RIGHT OF WAY
•` NG LAME DRIVING LANE
BIKE LANG AY
BIKE LANs DRIVI _�► z
P 13'__------ 13' 8, (TURNS AS COVIRED)
21' 6'
LANE AS REQUIRED � `
a d 4!)
CONCRETE
wN ,��11{�}� E Y
PEDB.SIIAN
AY s `'T 9 5.4 i ASPHALT
N/ // > A
IRE//\�\/\\/\\" \\ \/\\/\\/\�/\\/\\/`\/ / \/\/ / /
AGGREGATE BASS COURSE SUB GRADE
REFERRAL LIST
NAME:Weld County CASE NUMBER: Ordinance 191-F
REFERRALS SENT: August 8,2000 REFERRALS TO BE RECEIVED BY:August 30,2000
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 _X Firestone
Building Inspection Fort Lupton
Code Enforcement _X 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 _X Longmont
Division of Minerals/Geology _X 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 _X 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
_X_Ginny Shaw West Adams
COMMISSION/BOARD MEMBER
_X_John Folsom
RECEIVED
a 1;;V:�C',';fl ,;.'li 6_AITN SERVICES
KisSE
Weld County Referral
VIID
August 8, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Weld County Case Number Ordinance 191-F
Please Reply By August 30, 2000 Planner Anne Best Johnson
Project Amendments to the Mixed Use Development(MUD) Plan to encompass the
removal of Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
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) October 17, 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 Date 417.7(0-0
Agency lQ EJ
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax
7
Weld County Planning Dept. RECEIVED
AUG 28 2000 AUG 1 0 2000
E C E I V E D PUDLIC YVWELDCOUNTDEPT
Y
00, it
Weld County Referral
August 8, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Weld County Case Number Ordinance 191-F
Please Reply By August 30, 2000 Planner Anne Best Johnson
Project Amendments to the Mixed Use Development (MUD) Plan to encompass the
removal of Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
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) October 17, 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
N We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Date rr //—pa
Agency .JLA in tic OAS
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
}y EXHIBIT
7 W
Weld County Planning Dept. 'wl'
0 SEP 07 2000 aan vaRom t
(et\CCEIV,,JId County R grra $b6�
woia°
' August 8, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Weld County Case Number Ordinance 191-F
Please Reply By August 30, 2000 Planner Anne Best Johnson
Project Amendments to the Mixed Use Development(MUD) Plan to encompass the
removal of Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
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) October 17, 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 J""-"" .�eG""`_ '_� Date K � Oen
Agency n •di /`tc a ✓ Y
6-Weld County Planning Dept. 91555 N. 17th Ave.Greeley,CO.80631 9(970)353-6100 ext.3540 9(970)304-6498 fax
EXHIBIT
A JG.31.2000 8:17AM NO.508 P ct 0 AreC
PLANNING Mask
AM 1 4 NI
'lam Weld County Referral
Ce 1 August 8, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Weld County Case Number Ordinance 191-F
Please Reply Ely August 30, 2000 Planner Anne Best Johnson
Project Amendments to the Mixed Use Development(MUD) Plan to encompass the f
removal of Section 3 and Figure 2.10 from the MUD Plan, Ordinance 191.
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 riot 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) October 17, 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 Oh our interests.
See attached letter.
Comments:
signature _ “ Date /s fro
Agency C�v csV L •
*weld County Planning Dept. 01555 N. 17th Ave.Greeley,CO.BO631 0(970)353.6100 ext,3540 0(970)8046408 fax
EXHIBIT
3
AUG.31.2000 8: 18AM NO.508 P.2
a LOAirG
j
DEPARTMENT OF COMMUNITY DEVELOPMEN°LOR���
PLANNING & PUBLIC WORKS DIVISIONS
CIVIC CENTER COMPLEX/LONGMONT, CO 80501
(303)-651-8330/(303)-651-8304
FAX(303)-6514696
FAX COVER SHEET
TO: /OAF-ParceN �o k1J�db 1J
COMPANY: / l.® Inn PLAWI.O.-4%1r��
FAX#: y/Sb+ .GoIi/ca,
FROM: F
DATE: t IOO
NOTES: Amiss- -^r te Vet ItmAr..,1SR.Car A cUCC.11,1a d�
atg a9I>dti c acy A Etc Cowx-
/(14.nste.-tEN17. lS ►C3 EL
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TOTAL U OF PACES 2 ORIGINAL/COPY TO FOLLOW; LI p
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OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED
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