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Home My WebLink About20003394.tiff BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephen Mokray 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: Subdivision Ordinance,Ordinance 173F,County Code APPLICANT: Weld County Department of Planning Services 1555 North 17th Avenue Greeley,Colorado 80631 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 Sections 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. 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: 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 Subdivision Ordinance amendments proposed herein are necessary to achieve orderly and efficient development,as outlined in Section 1.3 of the Subdivision Ordinance. Unless it is noted otherwise,added Sections no not replace current sections.Document-Wide renumbering shall occur accordingly. Minor Changes Component 1: 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. Section 24-8-90 B Thirty-five(35)and One hundred twenty(120),Page 74 Section 24-8-140 A Thirty-five(35),Page 76 Section 24-2-10 A,Page 11 The following amendment shall be made to clarify the intent of the Minor Subdivision outcome ' tot_3384 RESOLUTION 173F Weld County Page 2 "The minor subdivision procedure is a process for development and review of subdivisions proposing a maximum of five(5)lots excluding those outlots which will not be used for residential, industrial,or commercial purposes. The minor subdivision process utilizes the minor subdivision sketch plan application process and the minor subdivision final plat process of this Section." Minor Changes Component 2: Surface and Subsurface/Mineral Owner/Lessee Notification. Current Sections do not provide consistent current procedures,as outlined in the Zoning Ordinance. 24-3-20 K,24-4-10 B11 Provide evidence that the surface owner has attempted to consult with authorized representatives all lessees of minerals and oil and gas associated with the site. Procedural Guide lists this as a requirement.If approved,Renumber subsequent sections accordingly. ,0411 24-3-50 T,24-4-30 B7,24-4-40 D5 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 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. 24-3-60 C Give notice of the proposed Minor Subdivision Final Plat and the public hearing date to those persons listed in the application as owners of property located within five hundred (500)feet of the parcel under consideration.Such notification shall be mailed,first class, not less than ten(10)days before the scheduled public hearing. 24-3-60 D Give notice of the proposed Minor Subdivision Final Plat and the public hearing date to those persons listed in the application as owners and lessees of the mineral estate on or under the parcel under under consideration.Such notification shall be mailed,first class, not less than ten(10)days before the scheduled public hearing. Minor Changes Component 3: General Requirements for Collateral 24-9-20 General Requirement for Collateral-The policy on Collateral as outlined in the Weld County Administrative Manual shall be followed. Minor Changes Component 4: Ordinance Reference for consistency in all Ordinances. 24-4-30 C1 Compatibility of the proposed Minor Subdivision with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. 24-4-30 C1 h4 Compatibility of the proposed Minor Subdivision with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. RESOLUTION 173F Weld County Page 3 24-4-30 C112 Compliance with the Weld County Comprehensive Plan,the existing orfuture development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan, and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. 24-4-40 E6a Compliance with the Weld County Comprehensive Plan,the existing orfuture development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan, and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. Minor Changes Component 5: Sections 24-7-180 D and 24-7-180 El shall be removed. Section 24-7-180 D has been replaced by the Collateral Improvements Agreement. Section 24-7-180 El has been replaced by percentage requirements. Minor Changes Component 6: Amendments to include significant information from the Amendment Index into the text of the Subdivision Ordinance. Section 24-8-20 B Provisions of Section 24-8-80 H shall not be applied to prohibit the approval within ten(10)years,but no less than five(5)years,of one additional application for a Recorded Exemption on a parcel which has been part of a Recorded Exemption which was approved or had an application pending as of October 25,1995.This shall be in accordance with the Weld County Home Rule Charter Article III,Section 3-14(2). Minor Changes Component 7:Several questions arise on the acceptable material for plat submittal.The following sections shall be amended for consistency with State Statute and the Weld County Zoning Ordinance. According to State Statute 38-50-101(3)(a) Each plat submitted for recording shall meet the following criteria: 1) Bear original signatures and seals. 2) Be made from a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality. 3) Be at least three(3)millimeters in thickness. 4) Be made with nonfading permanent black print. 24-3-50 U2 The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components,including signatures,shall be made with non-fading permanent black ink. 21-3-50 U3 The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required.The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components, including signatures,shall be made with non-fading permanent black ink. RESOLUTION 173F Weld County Page 4 24-4-40 D6c The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components,including signatures,shall be made with non-fading permanent black ink. 24-8-150 13 The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components,including signatures,shall be made with non-fading permanent black ink. 24-8-150 14 Second sentence The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components, including signatures,shall be made with non-fading permanent black ink. Substantial Changes Component 1:Definition Section 24-1-40. Renumbering shall occur for consistency. BUILDING ENVELOPE The two-dimensional space within which a structure(s)is permitted to be built on a lot.BUILDINGS defined as an AGRICULTURAL-EXEMPT BUILDING in the Zoning Ordinance are exempt from the requirement of being located in the BUILDING ENVELOPE. DOUBLE FRONTAGE-A lot that fronts upon two parallel streets,or a lot that fronts upon two streets that do not intersect at the boundaries of the lot. " --� c,FL NTS k,o2. • F Lo� � � IN i BlZlo;�,+ -rw is H ua2f.+Eg_ �1 LcT r e LET i eT LaT • WivTH • e CO ci.t�Gi L.�T ! .�.� - _..._LOT LINES gLOG,G.6cJ 13NC AiZY' MAINTAINED COUNTY ROAD-A paved or gravel road way that meets County road standards or those formally accepted by the Board of County Commissioners that are open and maintained by the County. NON-MAINTAINED COUNTY ROAD-A roadway that does not meet County standards.Possible examples are section line access,an easement,or a private lane. RESOLUTION 173F Weld County Page 5 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,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 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. REVERSE FRONTAGE-A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. � 1 (1 t ! Uri 1 I I t �'� ('SiNGLB-FAMILY, Q r!" ! 1 i i1 I, �4` CD6r K' � ,,� • p____rj ) 1 Ud • P� tai .0 F F 7,4 -1 25'(k-- No ACC 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. SITE SPECIFIC DEVELOPMENT PLAN -A subdivision final plat,resubdivision,or minor subdivision application which has been submitted to Weld County and has received final or conditional approval bythe Board.No other type of subdivision application shall be considered a Site Specific Development Plan. SUPERELEVATION-The raised portion of highway above the normal cross slope to prevent a vehicle from sliding outward,or counteracting all the centrifugal force of a vehicle traveling at an assumed speed. SKETCH PLAN-The map or maps of a proposed subdivision and specified supporting materials drawn and submitted in accordance with the sketch plan requirements of this Ordinance The definition of Structure found in the Zoning Ordinance shall be added to the Subdivision Ordinance to clarify the intent of the definition of Building Envelope. RESOLUTION 173F Weld County Page 6 STRUCTURE:Anything that is built,constructed,or erected,an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner,but not including fences or walls used as fences less than six(6)feet in height,poles,lines,cables or distribution facilities of public utilities.Semi-trailers as defined in§42-1-102(70),CRS,situated as TEMPORARY or permanent storage units,not safe or not operable or illegal to be used on public road rights of way,which are not licensed,shall be considered`STRUCTURES'in accordance with this definition,shall comply with requirements set forth in the Weld County Zoning Ordinance,including required zoning SETBACKS and OFFSETS,and shall be installed in accordance with the requirements set forth in the Weld County Building Code Ordinance. SUBDIVISION or SUBDIVIDED LAND-Any parcel of land in the County which is to be used for condominiums,apartments,or any other multiple-dwelling units,unless such land when previously subdivided was accompanied by a filing which complied with these provisions and with substantially the same density,or which is divided into two or more parcels,separate interest,or interests in common,unless exempted under the following paragraphs. "Interests"shall include any and all interests in the surface of land but exclude any and all subsurface interests. (II) Which could be created by any court in this state pursuant to the law of eminent domain,or by operation of law,or by order of any court in this state if the Board of County Commissioners is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion prior to entry of the court order;and,if the board does not file an appropriate pleading within twenty days after TRAVEL WAY-The TRAVEL WAY is defined as that portion of the roadway for movement of vehicles, exclusive of shoulders and auxiliary lanes. Substantial Change Component 2:Changes at the request of the Department of Public Works 24-3-6016 Delete second sentence.Add:Standards established in Table 24-D and Table 24-E of this Ordinance shall be met.This information is found in Table 24-D and provides the opportunity for inconsistencies. 24-3-60 P6 Delete last sentence.Add: Standards established in Table 24-D and Table 24-E of this Ordinance shall be met.This information is found in Table 24-D and provides the opportunity for inconsistencies. 24-4-40 D3u An erosion control report may be required at the request of the Department of Public Works. 24-7-20 A \--` II II streets within subdivisions and planned unit developments will be designed and constructed in accordance with the following standards. 24-7-20 Al '1�,,�V Last sentence: All building sites shall have access to a public internal street system.This internal road is a separate parcel and not part of the residential lots. 24-7-20 A2 Parallel Roadway Alignment Parallel roadway alignment for internal streets without adequate separation is undesirable.If such alignment is used,a minimum of twenty(20) feet of buffer between future right-of-ways will be required.Screening to reduce right-side headlight glare will be required.Screening type shall receive approval by the Department of Public Works and Planning Services. RESOLUTION 173F Weld County Page 7 Subsequent sections shall be renumbered accordingly. 24-7-20 A4 r'd last sentence to existing section: The adequacy of access will be evaluated according to the design standards and specifications found in the Colorado State Highway Access Code(2 C.C.R.601.1 Chapters 3 and 4.)Sight distance triangles shall be provided at all intersections. 24-7-20 A6 Add last sentence to existing section: Only one access is permitted per new lot.All driveways shall be off the internal subdivision road system. /' 10.2.1.7 and 10. .1.8 shall be deleted and reorganized into a Table. All other ordinances shall make reference to this ection,therefore,eliminating future errors in consistency. Section 10.2.1.7 shall be the l following Table. RESOLUTION 173F Weld County Page 8 24-D County Road System. The following table established minimum standards for new or rebuilt County roads. These standards shall be considered minimum unless more stringent standards may be established by the Board of County Commissioners or this Ordinance. AVERAGE NUMBE RIGHT MINIMU MINIMUM NUMBER OF ROAD DAILY PAVEMEN R OF LANE SHOULDE OF M CENTERLIN MAXIMU RESIDENTIAL CLASSIFICATION TRAFFIC T TYPE LANES WIDT R WIDTH WAY DESIGN E RADIUS M GRADE DRIVEWAYS COUNTS H WIDTH SPEED PER MILE SECTION LINE ARTERIAL >1000 Asphalt 2-4 12' 8'paved 130- 55 mph 1650'*** 4% ** COLLECTOR 500-1000 Asphalt 2-4 12' 6'paved '80-100' ' 45 mph 1100'*** 5% 6 LOCAL-MAJOR <500 Asphalt 2 12' 4'gravel 60' 30 mph 300'*** 6% unlimited LOCAL-MINOR <200 Gravel 2 14' none 60' ' 30 mph 300'*** 6% unlimited RURAL COLLECTOR >500 Asphalt 3 12' 6'paved 80' 35 mph 300' 5% 6 LOCAL-MAJOR <500 Asphalt 2 12' 4'gravel 60' 30 mph 100' 6% unlimited LOCAL-MINOR <50 Gravel 2 13' none 60' 30 mph 100' 6% unlimited URBAN ARTERIAL >1000 Asphalt 2-6 12' 100- 45 mph 800'*** 4% none COLLECTOR 500-1000 Asphalt 2-4 . 12' * 80' 35 mph 450'*** 5% 6 LOCAL <500 Asphalt 2 12' * 60' 25 mph 100' **** 6% unlimited Notes: Weld County generally follows the published policies and standards set forth in the Colorado Division of Highways Roadway Design Manual and the American Association of State Highway and Transportation Official's published policies on Geometric Design of Highways and Streets for new construction. Individual site restrictions may necessitate more stringent standards. Individual sites shall be evaluated by the Department of Public Works. *In Urban Areas,the shoulder is replaced with curb,gutter,sidewalk,bike paths and landscaping areas. **Residential Driveways to an arterial will be allowed when no other option is available.The developer must provide a turn-around on-site to prevent backing onto the arterial. ***Super-elevation will be required e=.04 maximum ****AII Subdivisions withing the MUD Area or Urban Growth areas will use the Urban Subdivision standards above,or the appropriate municipal standards,whichever are more restrictive. i f40BB 81 011:218 IJe l0 1:9'WDW _ . Lr Ir .r n• u• .r AN�Rmul +r li Ir Ir .Y r .' calf in Belt TW.1 laic yuw.Ule YNtYi IAN[ nLm LANE em rmwel Pm rlv -9Rlra v�"C.A. .e IK �® .ocvxr fAc.mml) Un�ura - a.0.srtua • ew.wrlw N MEAN 6 LANE MAIM AM.', iu RAN.MEW!! - f10'TD lYT RDW EA'RNgD 1NdAN 1aHHHtHH MIRE' Lr_ 1r Y fY 1r iflMEL[ANE .•.T • - NWP C/A55..AfiE aWr r a111. �an..W1TT6A . UBBAii.LANE MAJOR 41081cIA-T.WITH RAISED}AMMAN IDD'TD ln0'fl01Y ( _CCRO/' ].n' 11' a' 1]' III' I1'PNI�ID tEDIAN 12' 13' a' 17 2C .• WIE'..war TURN LANE BITE HIA\41 W. 'RAW to& ■M fWUN9C11 ftll 1-17 �--SflAfEl FIFE iR1SSf1L1TIE ri VaT 1 1N Y14 MACK% ypEWALR (A9 NETLED) II1E LEFT TURN WIE lA1R IM IIEiDEU) OON4 90EW,LKAlY NlW• cl AU-n BASE WRB Y DUTTEA All.4 ILTNDI URBAN d LANE MINOR ARTERIAL I I , • 1'CLEAR ZONE 1 CLEARI ZONE , 12' 12' 16'LEDIAN t: _ 12' q' 4' 2' camp RIGHT TURN LANE TRAVEL LANE (AS�EEOED) TRAVEL LANE RIGHT TURN LANE 81OULOEi• __ (AS NEEDED) 1 2% 2X H., CLASS 8 BASE 2% INTERSECTION CULVERT RAIL SUB'PAWN COLLECTOR *NOTE:IN AREAS VATHOUT RIGHT TURN LANES SHOULDERS SHALL BE 8 FEET WIDE. RO'ROW I 5' 2., 8' I2' :2' I R' 25'I 5' CONCRETE 1 PARKING TRAVEL LANE [RAVEL LANE 1 PARKING I I ' SIDEWALK I II I I 2R 29. I 1 • \HDP UCLA SS g BASE... \CURB,k GUTTER CURB.k(;UTTER' URBAN LOCAL RESIDENTIAL TIA]L g0'ROW g' 25' 12' i TRAVEL LANE CONCRETE IRAVEI.LANE LEFT RAN LANE If MIN.9DEWAIX ' 2z y 7 IiBP `CLASS g BASE CURB d�CU4T10liO♦pT rt/TC m��,�-�.�y�iATIIRR.B/H GUTTER URBAN LOC..EMPLUHMENYl REGIONAL COMMERCIAL NO AN-STREET PARKING NOTE: URBAN TYPICALS APPLY TO ALL DEVELOPMENTS WITHIN THE MIXED USE DEVELOPMENT AREA AND ALL URBAN GROWTH BOUDARY AREAS. BO'TO 100•ROW I 12• B' 17 25' 2' f Y S' 17 l4'.PAWTID NEDUN g• 26' TRAVd LANE ( BIKE RIGHT TtAW rE, NW. DETACHED CONCRETE I RIGHT TURN LANE ODfE TRAVEL LANE I'.MTH PRDNSIDN fOR 1-ID' LANE (AS NEEllEll) �� SIDEWALK (AS NEEDED) LANE LEFT NRN LANE cNCREIK I ' 2x T--lE,,, r--- :••H13P- CLASS 8 BASE if CURB 8[GUTTER CURB k GIRDER 1'(XE R 1'CLEAR ZONE I— CLEAR ZONE 1'CLEAR ZONE 4. y I 12. a' a' 12' _ 1 I 14' 14' 4� 2� ISt{OIM.D (RAVEL LANE ! TRAV0.LANE �G _. TRAVEL LAN Ii ` I 2q I 2R ,.\ \ —,,,,,',-- .,:'.•''''' .- /� HBP CLASS 6 BASE•% \CLASS 6 BASE 2% INTERSECTION CULVERT INTERSECTION CULVERT SECTION LINE LOCAL p R MAJOR gD SECTION LINE LOCAL p'r MINOR SLL.''L YiI®1V 1�..11W..191L.1F�11t9.V®Cl IWLL�lu'+LL..'Ll"l.t'ALL.�WLL�®Ili ALLOWABLE FOR DEAD END ROADS WITH LESS THAN 20 HOMES ONLY Bo'ROW _ t'CLEAR,ZONE _ 11' 4• 4, 7 R ZONE 18'MEDIAN 11 I �1,i' 1Y 11' TRAVEL LANE RIGHT TURN LANE RIGHT TURN LANE TRAVEL.LANE (AS NEEDED) (AS NEEDED) { `I (A5 NEEDED) 1 I I I . CLASS 6 RASE INTERSECTION CULVERT' SECTION LONE COLLECTOR FNOIE:IN AREAS WITHOUT RIGHT TURN LANES 31OULDERS`%HALL.BE a FEET MOE. 1 ao'TO 150'ROW i . 1T l'. 12' I, (1 HEAR ZONE I'JAR ZONE a 2 17 12' 11' 10'MmIAN �I 4' TRAVEL LANE (AS NEEDED) TRAVEL LANE • TRAVEL LANE I MONT'URN LANE 111 ' 91B111O1�RNB1'f TURN hl`' 7RAV11 LANE (A9 NFII1ID1 (A9 NEEDED) (A9 NEEOmI I I I I ZF I N'' \CLAN B BABE 1 INTERSECIGN CULVERT SEC ION LINK ARTERIAL mOTG IN AREAS%TROUT MONT NRN LANES MOULDERS WALL BE 8 FEET WOE. E-0'ROW 60'ROW V I CLEAR ZONE /,1'CLEAR ZONE �1'CIfIR ZONE /i'CLEAR ZONE r 13' 3' / 4' 2' I I2 2' a / 4' 2 ` TRAVEL LANE TRAVEL LANE 4 S10UlDER `Ig{DULDER TRAVEL LANE TRAVEL LANE I 29 2% I N\/ 2 v• '>`',�yl ,, CLASS o BASE v HBP \\CLASS o BASE � 2' INTERSECTION CULVERT IN1EI15ECT10N CULVERT RURAL SUBDIVISION LOCAL(MINOR) RURAL SUBDIVISION LOCAL(MAJOR) RESOLUTION 173F Weld County Page 12 24-7-20 A14 Add last sentence to existing section: Maximum Cul-de-Sac length between intersecting streets shall be fifteen hundred(1,500) feet.This distance shall be measured from centerline to centerline. 24-7-20 A18 Sight Distance Triangle—The developer will verify that all intersections have sufficient sight distance by delineating the sight distance triangle on the plans,as illustrated below. a-, (1s.. LLIal SfGF+T `'4 n� KIGHT o�vAY T fLIANGLC VI I" �Q-O.W.\ E.a5EMENT I CT`(r�!CAL1 24-7-20 B Add words to last existing sentence: and a sign shall be provided at all intersections designating the street names. 24-7-20 C Add the following last sentences: Pavement width requirements will adhere to Table 111-21 for turning roadways(AASHTO "A Policy on Geometric Design of Highways and Streets",1990). The minimum vertical grade for any new roadway is 0.4%.The maximum grade break without a vertical curve is 1.0%.Cross slope shall be 2.0%except at arterial intersections where the cross slope will transition to 1.0%fifty(50)feet back of the right-of-way. 24-7-20 D Add words to last existing sentence: ,which shall include,but not be limited to the following: 24-7-20 D1 A typical cross section of the street to illustrate center line,pavement and right-of- waywidths,depth of asphalt and base course,cross slope,sidewalks and drainage improvements. 24-7-20 H Parking Lots—New development shall demonstrate compatibility with existing surrounding land use.The developer shall widen the parking isle:as needed for turning movements. 24-7-30 A Second Sentence:Sidewalks in Urban Subdivisions shall be a minimum of five(5)feet in width. 24-7-30 B Second Sentence:Improved walks of not less than five(5)feet in width... 24-7-40 E Maximum block length between intersecting streets shall be fifteen hundred(1,500)feet, unless waived by the Board.This distance shall be measured from centerline to centerliine. 24-7-40 F Each new lot shall be provided with an adequate access to an Internal public street. RESOLUTION 173F Weld County Page 13 The following sections are new,appropriate renumbering shall occur: 24-7-50 G No direct residential access to a section line roadway shall be allowed. 24-7-50 H Frontage Road or parallel roadway alignment for internal streets is undesirable. If this alignment is used,adequate separation must be provided to avoid headlight glare onto the roadway.The developer shall verify that the design vehicle has adequate turning area to be perpendicular to the future right-of-way line.Additional standards for Frontage Road or parallel roadway alignment are found in Section 10.2.1 of this Ordinance. 24-7-50 J Add last sentence to existing section: This access road shall be graded,twenty(20)feet wide and drained to provide adequate emergency access to the property. For access and culvert information,see Ordinance 180. 24-7-110 C51 Add last sentence to existing section: The design will conform with the South Weld 1-25 Corridor Master Drainage Plan if the site is within the identified basins. 24-7-130 A Add last sentence to existing section: The design will conform with the South Weld 1-25 Corridor Master Drainage Plan if the site is within the identified basins. 24-8-30 M4 The location of all existing and proposed driveways and accesses associated with either lot. 24-8-30 M4a The applicant shall complete a Weld County Access Information Sheet for each access point and each lot of a Recorded Exemption. 24-8-30 M4b Direct access from a public road shall be limited to one per legal parcel,except where further limited or restricted by zoning or subdivision regulation. 24-8-30 M4c Where the access is adjacent to a state highway,the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining new access from the Colorado Department of Transportation. 24-8-30 M8 Add last sentences to existing section: New residential driveways to an arterial will be provided only when no other option is available The property owner must provide a turn-around on-site to prevent backing onto the road. 24-8-50 A6 An approved access that will provide for safe access to and from the parcels. 24-8-80 F The decision to approve a recorded exemption may be conditioned to mitigate impacts or address concerns of referral agencies. Existing or future rights-of-way and additional access points on Weld County Roads shall be dedicated or reserved in conformance... 24-8-150 G6 An approved access that will provide for safe access to and from the parcels. New Section 24-7-20H 24-7-20 H1 Road Construction Standards Under severe physical constraints and very low traffic volumes,the Department of Public Works or Board of County Commissioners may allow nine(9)foot lanes and four(4)foot shoulders on Local Roads. RESOLUTION 173F Weld County Page 14 24-7-20 H2 Pavement width requirements for turning roadway shall be in accordance with Table 111-21,American Association of State Highway Transportation Officials. 24-7-20 H3 Maximum Grade Change on all roadways without a vertical curve is one(1)percent.This percentage shall include the approaches to valley gutters. Substantial Change Component 3: Additions to application procedures for consistency with current policy(Subdivision Ordinance Section 6.2.2.1 or procedural guides)and renumber accordingly. New 24-3-20 K,24-4-40 D3w,24-8-30 M,24-8-150 G A Certificate from the County Treasurer showing no delinquent taxes for the properties referred to in application materials. 24-4-40 D3u If applicable,an erosion control plan. 24-4-40 D3v Subdivision road plans prepared by a professional engineer licensed to work in the State of Colorado. The road plans shall be dated and bear the signature and seal of the engineer.The road plans shall include the following minimum data: 24-4-40 D3v1 Plans and profiles of all roads to be improved. 24-4-40 D3v2 A typical cross section of applicable roads,culverts,and bridges. 24-4-40 D3v3 Typical road section,including pavement design supported by soil reports, test results,and computations. 24-4-40 D3v4 Typical or specific details of road intersections and cul-de-sacs. 24-4-40 D3v5 A complete estimate of costs. 24-4-40 D3v6 Any additional information required by the Weld County Department of Public Works. 24-4-40 D3x A title commitment or a title opinion covering all public dedications. 24-4-40 D3y A warranty deed,if required,deeding to the appropriate entity any lands to be used for the benefit of the public or owners and future owners of the Subdivision. RE Process: 24-8-30 J A statement explaining the current irrigation practices occurring on the site. 24-8-30 M9 Building envelope(s)shall be designated. If the applicant intends to designate a building envelope as a means of establishing compliance with the provisions of this Ordinance, including but not limited to Sections 24-1-30 A and 24-1-30 J. ( 24-8-50 A6 An approved access that will provide for safe access to and from the parcels. • RESOLUTION 173F Weld County Page 15 24-8-70 G Any lot to be created through a recorded exemption procedure shall show the bearings, lengths,and curve data of the lot lines. If both lots to be created through a recorded exemption procedure are less than 35 acres,then the bearings,lengths,and curve data shall be shown around the perimeter of both lots. A boundary survey shall be required around the perimeter of both lots. A boundary survey shall be required for any irregular shaped lot which does not have a natural boundary and cannot be accurately described without standards for land surveys and plats in Title 38,Article 51,Colorado Revised Statutes. 24-8-80 B Adequate provision has been made to protect irrigation practices,the flow of irrigation water,and access to the irrigation system. 24-8-80 F The decision to approve a recorded exemption shall be conditioned to mitigate impacts of additional accesses to Weld County Roads. 24-8-80 G The placement of building envelope(s)and alternative location fora building envelope shall be evaluated with respect to the impact on the current and future agricultural production of the parcels. 24-8-100 A Technical errors include,but are not limited to,relocation of building envelopes if such relocation is consistent with the original intent of the approved RE,correcting scrivener errors on the plat and correcting survey errors. 24-8-150 G6 A description detailing how adequate provision will be made to protect irrigation practices, the flow of irrigation water,and access to the irrigation system. (2-4-8-7027..)An approved access that will provide for safe access to and from the parcels. Substantial Change Component 4:Clarification for information required on ReSubdivision plats,Section 8. The addition of Section 24-5-30 will clarify this issue.Subsequent sections shall be renumbered accordingly. 24-5-30 Resubdivision Plat.The plat shall contain two seperate illustrations detailing the property. The first illustration shall be titled,"Property Prior Resubdivision"and shall illustrate the property configuration prior to the Resubdivision. The second illustration shall be titled, "Property After Resubdivision"and shall illustrate the property configuration after the Resubdivision. 24-5-30 A In addition to the Resubdivision Plat,the applicant shall submit a copy of the title prior to,and after the Resubdivision. Substantial Change Component 5:Amendments regarding Vested Property Rights to Sections 24-3-50 D and 24-4-30 B4b at the Request of the Weld County Attorneys. Sections 24-3-50 D and 24-4-30 B4b An addition after the first and only sentence: Major changes from a reviewed Sketch Plan may require a 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 ' RESOLUTION 173F Weld County Page 16 Plan for the site shall be required prior to submittal of an application for a Minor Subdivision and the "application,"for purposes of compliance with 24-68-102.5,et.seq.,C.R.S.,shall be the application for the amended Sketch Plan. Substantial Change Component 6: Section 24-7-70 amendments at the request of the Weld County Department of Public Health and Environment pertaining to sewage disposal. 24-7-70 The proposed subdivision shall comply with the sanitary sewage disposal requirements of the underlaying zone district. Plans for the proposed subdivision shall be referred to the Weld County Department of Public Health and Environment for review.The Health Department 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 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 Change Component 7: Amendments to Section 24-7-180 to reflect current practice. Delete Sections 24-7-180 El and 24-7-180 E2 and renumber subsequent sections accordingly. 24-7-180 A Within a Subdivision,the Board of County Commissioners may require the dedication, development, reservation of individual parcels, or the placement or purchase of a conservation easement upon lands for parks, greenbelts,or other necessary PUBLIC PURPOSEs.The type of use,lot size,and residential density shall be considered when determining parcels necessary for PUBLIC PURPOSEs. PUBLIC PURPOSEs may include COMMON OPEN SPACE,parks,wildlife preserves,riparian areas,trails, or other lands to be preserved. 24-7-180 B The land set aside for a PUBLIC PURPOSE may be reserved through deed restrictions the maintenance of which shall be ensured by specific obligations in the deed of each lot within the subdivision. 24-7-180 E The amount of land that may be required for public dedication,reservation, or as a measure of money to be paid in lieu of such dedication or reservation,shall be determined by the standards outlined in the PUD and MUD Ordinances. Addition in alphabetical order to Definition Section: 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 ' a RESOLUTION 173F Weld County Page 17 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. 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 Cathy Clamp. 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 21S`of November,2000. 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 Cristie Nicklas Present John Folsom Present Jack Epple Present Michael Miller Present Stephan Mokray Present 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 COL(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; Arian 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. 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 carded 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'/Z 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 tote 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 maybe 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 Nicklas 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 Nicklas,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;Gristle 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'/z 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 Cheat 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 PUDs without 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 Walke'noted that this would require an enhanced septic system with zero tolerance and noted that this is a good ccncept. 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. 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 9 Stephen Mokray moved to approved minor change#6. 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. Michael Miller moved to approved minor change#7 with the addition of the words",including signatures,"after the words"all components".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. Discussion concerning Substantial Change#1 began,but was continued until after the previously scheduled cases were finished. CASE NUMBER: USR-1298 APPLICANT: Boulder Scientific PLANNER: Julie Chester LEGAL DESCRIPTION: N2/SE4 of Section 4,Township 4 North,Range 68 West of the 6th P.M., Weld County,Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a Use permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone District. LOCATION: West of and adjacent to WCR 7,North of WCR 48. Julie Chester,Planner,presented USR-1298 and noted that the Department of Planning Services was requesting an indefinite continuance to allow the applicant additional time to bring in the required information that the Department of Planning Services had requested. Jim Birmingham,applicant,noted that they would like to bring in the information that the Department of Planning Services had requested. The Chair asked if there was anyone in the audience who wished to speak for or against this continuation. No one wished to speak. Stephen Mokray moved that Case USR-1298 be continued indefinitely.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: Z-548 APPLICANT: California Home,Inc. PLANNER: Chris Gathman LEGAL DESCRIPTION: Part of the NW4 of Section 35,Township 3 North,Range 68 West of the 6th P.M.,Weld County,Colorado. REQUEST: Change of Zone from Agricultural to PUD for a proposed 18-lot business park PUD. LOCATION: South of and adjacent to WCR 28,East of and adjacent to 1-25 frontage road. Chris Gathman,Planner,presented Case Z-548,and noted that the applicant had met with Public Works,but had not yet turned in the proper information requested to meet with the county standards concerning the alignment of WCR 9.5. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION November 21,2000 Page 10 Cristie Nicklas asked if the county could just decide where the road could be placed and design it. Diane Houghtaling noted that Public Works could do the feasibility study and design the road,but that the Public Works workload was high enough that the road would not be done until 2002. Don Leffler,applicant with Design Development Consultants,noted that they did have an agreement signed by everyone but the owner of the Riverdance property supporting the placement of WCR 9.5 in the place proposed by Mr.Leffler. Mr.Leffler noted that they would prefer a 45 m.p.h.speed limit on this road. Mr. Leffler also mentioned that he would like to have a Condition of Approval for alignment of the road to be finalized and agreed upon before recording the plat.Don Leffler also noted that the site will have the required 15%open space upon the site,as well as an additional 15%required on each of the lots to be developed. John Folsom asked if CDOT had any concerns with the site concerning 1-25 being in the vicinity.Mr.Leffler noted that CDOT was only asking for the 90'right-of-way. Mr.Leffler brought along an outline of the proposed road,including proposed layout of the road.Cathy Clamp asked Diane Houghtaling if she had seen this plan before today.Ms.Houghtaling noted that she had not seen this plan before the hearing and would need more time than available in order to assess if the plan would work. John Folsom asked why the setbacks from the Oil&Gas structures on the site were proposed to be 150' rather than the 350'required.Mr.Leffler noted that they were planning on working with the local tire protection district to create approved structures to protect the surrounding sites. Stephen Mokray asked if Mr.Leffler wanted approval from the Public Works staff and the Department of Planning Services with the submittal of this late information. Mr.Leffler noted he would like a Condition of Approval in order to continue with this project. The Chair asked if there was anyone in the audience who wished to speak for or against this application.No one wished to speak. Arlan Marrs noted that he feels this is a responsible proposal and that most people in the area are ready for this alignment,that a Condition of Approval would be acceptable. Stephen Mokray seconded Arlan Marrs'comments. Michael Miller commented that he does not like that the agreement is not final and that he is not comfortable approving conceptual ideas for the road placement.Mr.Miller also noted that he has a problem with the 150' setback from the oil wells. Stephen Mokray noted that he agrees with Mr.Miller and questions what would happen to the project if the alignment is not approved by the staff and by Siegrist properties. John Folsom commented that the county should decide if the agreement and alignment are acceptable. Fred Walker noted that the applicant had requested this earlier continuance date,rather than the later date requested by the Department of Planning Services and the applicant has still not solved the problems. Mr.Leffler noted that instead of a denial he would prefer a continuance to resolve the road issues. Cathy Clamp noted that she does not feel just having names on the petition is legal enough to approve this site. Monica Daniels-Mika noted that the Riverdance/Siegrist property will be in front of the Board of County Commissioners sometime in January of 2001. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION November 21,2000 Page 11 Stephen Mokray moved that Case Z-548 be continued indefinitely. 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. Fred Walker noted that he had to leave at this time. APPLICANT: Rincewand,Inc./Jerry and Lois Hilburn PLANNER: Chris Gathman LEGAL DESCRIPTION: Part of the NE4 of Section 5,Township 6 North,Range 67 West of the 6th P.M.,Weld County,Colorado. REQUEST: Use by Special Review Permit for indoor storage facility and vacant lot. LOCATION: West of and adjacent to SH 257,South of and adjacent to WCR 74(Harmony Road). Chris Gathman,Planner,noted that the applicant was requesting a 60 day continuance to January 16,2001, in order to consider annexation into the Town of Windsor. The Chair asked if there was anyone in the audience who wished to speak for or against this continuance. No one wished to speak. Michael Miller moved that Case USR-1295 be continued to January 16,2001.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 Nickles,yes. Motion carried unanimously. CASE NUMBER: AmUSR-1144 APPLICANT: Richard and Phyllis Podtburg PLANNER: Julie Chester LEGAL DESCRIPTION: W2/SE4 of Section 19,Township 6 North,Range 66 West of the 6th P.M., Weld County,Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for an amendment to an Agricultural Service Establishment primarily engaged in performing agricultural,animal husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement Operations for 3000 head of cattle. LOCATION: North of and adjacent to WCR 66,west of and adjacent to WCR 25 3/4. Julie Chester,Planner,presented Case AmUSR-1144 and read the comments along with the Department of Planning Services recommendation of approval into the record. Ms.Chester also noted that there are changes to the Conditions of Approval to allow 60 days to record the plat and correct a date in C.of the reasons for approval. Michael Miller asked if the dairy would have to conform to the City of Greeley's air quality regulations.Julie noted that they were to attempt to address these concerns,but that they are responsible to be in compliance with to the county regulations only. Eric Dunker,Representative for AgPro,stated that Mr.Kennedy would speak for the applicant as he had worked for the dairy for years. Dan Kennedy stated that the applicant had decided to add 1,000 head to his dairy,expand the lagoon to accommodate a 25 year 24 hour storm,add five pens,and an area for future composting. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION November 21,2000 Page 12 Cathy Clamp asked why the dairy was moving up to 3,000 head from the 2,000 head requested three years ago. Mr.Kennedy stated that they need the volume to succeed in the business. Ms.Clamp asked if there would be buyers for the additional milk.Mr.Kennedy stated that there are buyers waiting. • Stephen Mokray asked if there had been any complaints about the odor in the past few years.Trevor Jiricek commented that there were none in the Department of Public Health and Environment files.Cristie Nicklas asked how far the Willcut property is from the dairy.Mr.Kennedy noted that the home is about 1/4 mile from the lagoon. Michael Miller asked how many acres are farmed with the dairy.Mr.Kennedy noted there are 320 acres,but - that not all the acreage is contiguous. The Chair asked if there was anyone in the audience who wished to speak for or against this application.No one wished to speak. Cathy Clamp asked if the applicant is addressing the odors mentioned in the letter from Mr.Willcutt about the current dairy.Dan Kennedy noted that they are abandoning an old grey water system and improving the odor. Stephen Mokray moved that Case AmUSR-1144 be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. 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;Cristie Nicklas,yes. Motion carried unanimously. Michael Miller commented that even a well run dairy is tough to approve this close to the City of Greeley,but that a good effort could help future dairies,while a poor effort could hurt future dairies from getting approval. Cathy Clamp concurred with Mr.Miller and asked that the dairy try to work with the surrounding property owners. CASE NUMBER: Ord-195A APPLICANT: Town of Firestone - PLANNER: Anne Best Johnson REQUEST: Amendment to the Town of Firestone's Urban Growth Boundary to reflect a smaller area. Anne Best Johnson,Planner,presented Ordinance 195-A and noted that the Town of Firestone is working to create a smaller Urban Growth Boundary. Anne noted that the Department of Planning Services is recommending approval of this case. Stephen Mokray asked why the Town of Firestone is decreasing the size of their UGB area.Anne noted that the town does not want to grow in the previous area included. John Folsom noted that the boundary has increased to WCR 13,which was supposed to be open space and to include Brooks Addition.Mr.Folsom also noted that the town has discovered it is not feasible to annex to the west and that the change will create some conflict. 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 moved that Ordinance 195-A be forwarded to the Board of County Commissioners with Planning Commissions recommendation of approval.Stephen Mokray seconded the motion. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION November 21,2000 Page 13 The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Arian Marrs,yes;Stephan Mokray,yes; Michael Miller,yes;Jack Epple,yes; Cathy Clamp, yes; Cristie Nicklas,yes.Motion carried unanimously. CASE NUMBER: USR-1297 APPLICANT: Bradley and Heidi Windell PLANNER: Robert Anderson LEGAL DESCRIPTION: Parcels 1A and B;Lupton Meadows Subdivision;being part of the S2 of Section 12,T2N,R67W of the 6th P.M.,Weld County,Colorado. REQUEST: Site Specific Development Plan and Use by Special Review Permit for Multi-Family Dwellings for persons customarily employed at or engaged in Farming,Ranching,or Gardening in the Agricultural Zone District. LOCATION: South of and adjacent to WCR 22.5;'A mile west of WCR 25. Robert Anderson,Planner,presented Case USR-1297 and read the Department of Planning Services recommendation of approval into the record.Mr.Anderson noted that the application is actually for a single family home on the property,not a multi-family dwelling as the original application stated,and that Development Standard#9 had been added with renumbering. John Folsom asked if this application is only for the existing homes on the property. Robert noted that this is correct. Brad Windell,Applicant,stated that he is applying for this Use by Special Review in order to save the historical homes on the property that have been restored. Stephen Mokray asked how large the second home is.Mr.Windell noted that the second home is about 800 square feet.John Folsom asked about the septic permits for the sites.Mr.Windell stated that he has current septic permits for both homes. 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 is in agreement with the Conditions of Approval and Development Standards.The applicant stated that he is in agreement. Michael Miller moved that Case USR-1297 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. 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: USR-1292 APPLICANT: Mike Jones/Reach Ministries PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of RE-1028;being part of the SE4 of Section 18,Township 6 North, Range 64 West of the 6th P.M.,Weld County,Colorado. REQUEST: Industrial Use,(Office and Storage Building)in the Agricultural Zone District. LOCATION: 415 feet north of SH 392;west of and adjacent to WCR 51. Kim Ogle, Planner, presented Case USR-1292 and read the Department of Planning Services recommendation of approval into the record. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION November 21,2000 Page 14 Cathy Clamp asked if the application is for Industrial or Commercial use,as the application and comments say two different things.Mr.Ogle noted that the application is for Industrial to allow for storage on the property Michael Miller asked if the USR will stay with the property or with the applicant.Kim noted that the USR stay with the property.Lee Morrison commented that the Development Standards and Conditions of Approval will also be attached to the USR to stay with the property for this specific use. Michael Jones,Applicant,stated that this is the organization center fora program that works with kids building homes,mostly out east,but eventually coming to Northern Colorado. Stephen Mokray asked what will be stored at the site. Mr.Jones noted that there will be sound equipment, stage equipment,tools,nails,T-shirts,etc. Michael Miller asked how large the building will be. Mr.Jones sited that the building will be 60'x100'. Stephen Mokray asked how large the office area will be.Mr.Jones rlioted that the office area will be 30'x40'. Mr.Jones noted that the camps would not be at the site,just supplies. Stephen Mokray noted that this will be for administration and storage only. Mr.Jones agreed. 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 Development Standards and Conditions of Approval.Mr.Jones stated that he is in agreement. Stephen Mokray moved that Case USR-1292 be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.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;Cristie Nicklas,yes.Motion carried unanimously. 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 noted that there were no members of the public present for the changes to the Ordinances. 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. • SUMMARY OF THE WELD COUNTY PLANNING COMMISSION November 21,2000 Page 15 Anne Best Johnson,Planner,presented the Substantial Changes#1-#6(Substantial Changes#5 and#7 had already been approved by the Planning Commission). Stephen Mokray moved that Substantial Change#1 of Ordinance 173-F be approved. 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. Anne Best Johnson noted that this just allows for reference to one table in one code,rather than many incorrect tables for road classification in all ordinances. Michael Miller moved that Substantial Change#2 of Ordinance 173-F be approved.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; Cristie Nicklas,yes. Motion carried unanimously. Stephen Mokray moved that Substantial Change#3 of Ordinance 173-F be approved with the amendments made to the PUD Ordinance. 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. Michael Miller moved that Substantial Change#4 of Ordinance 173-F be approved. 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. Stephen Mokray moved that Substantial Change#6 of Ordinance 173-F be approved and Ordinance 173-F be forwarded to the Board of County Commissioners with the Planning Commissions recommendation of approval. 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; Cristie Nicklas,yes. Motion carried unanimously. CASE NUMBER: Ordinance 89-LL APPLICANT: Weld County PLANNER: Anne Best Johnson REQUEST: Amendments to the Zoning Ordinance.Substantial Changes shall include additions to the Definition Section,Modifications to the requirements for Mobile Homes,Modifications to Section 42 on Signs,amendments at the request of Public Works,and amendments to section regarding Flood Hazard Development.Other amendments include document-wide renumbering,spelling corrections,type face,alignment,and consistency with current practice. Anne Best Johnson,Planner,presented the changes to Ordinance 89. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION November 21,2000 Page 16 Michael Miller moved to approve Minor Changes#1-#9 of Ordinance 89LL. 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;Cristie Nicklas,yes.Motion carried unanimously. Discussion followed concerning the definitions following the definitions used with the PUD Ordinance.Cathy Clamp asked why the changes were being made concerning recreational vehicles.Wendi Inloes noted that making sure they were not primary residences is too difficult to keep track of for so many homes.Wendi also noted that this involves safety with hook-ups to the sewer and water. Michael Miller moved to accept Substantial Change#1 to Ordinance 89LL with amendments to the definitions to match the PUD Ordinance. 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. Stephen Mokray moved to accept Substantial Change#2 to Ordinance 89LL. 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. Michael Miller moved to accept Substantial Change#3 to Ordinance 89LL. 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;Cristie Nicklas,yes. Motion carried unanimously. Stephen Mokray moved to accept Substantial Change#4 to Ordinance 89LL. 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 Nickles,yes. Motion carried unanimously. Michael Miller moved to accept Substantial Change#5 to Ordinance 89LL. 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 Nickles,yes. Motion carried unanimously. Michael Miller moved to accept Substantial Change#7 to Ordinance 89LL. 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. 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 d � SUBDIVISION ORDINANCE Noe AMENDMENT SUMMARY SHEET COLORADO Case Number: Subdivision Ordinance,Ordinance 173F,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 Subdivision Ordinance. Substantial Changes shall include additions to the Definition Section;Amendments at the request of the Department of Public Works;Amendments to Sections 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. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS Criteria outlined for amending the Comprehensive Plan were adhered to for amending the Subdivision 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 Building Inspection,referral dated October 9,2000 ► Weld County Department of Public Health and Environment,referral dated September 29,2000 SERVICE,TEAMWORK,INTEGRITY,QUALITY AM'"')MENT TO THE SUBDIVISION OR[""'1NCE WELD COUNTY ORDINANCE 173. 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 Sections 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. 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 Subdivision Ordinance amendments proposed herein are necessary to achieve orderly and efficient development,as outlined in Section 1.3 of the Subdivision Ordinance. 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 Subdivision Ordinance,Ordinance 173F Proposed Amendments Editorial Note: Red Lined Italic type represents items to be amended in.Strikeout type represents items to be amended out. Minor Changes Component 1: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. Section 1.3.1-1.3.17,Removal of all semicolons and replacement with periods,Page 2-3. Renumbering of Section 3,Page 10 for consistency. Alignment of County Road System Table,and changes to the Shoulder Width column to be consistent with current county policy,as follows: Local:4';Collector:6';Arterial:8', Page 7. Alignment of Section 6.3.4.8,Page 36. Remove period after Section 4.2.12 and replace with a Colon. Section 4.4 One hundred twenty(120),Page 13. Section 4.5 remove period and replace with a Colon,Page 13. Sections 4.5.21.20.1,4.5.21.20.2,7.2.7.13,7.2.7.13.3,11.7.1.12,11.7.1.12.4,11.15.9.9 remove the 19_from all signature blocks and replace with 20_ Section 4.6.9.1-4.6.9.15,replace semicolons with periods,delete the word"And"from Section 4.6.9.15, Page 20-21. Section 4.6.16.1-4.6.16.14,replace semicolons with periods,delete the word"And"from Section 4.6.16.14,Page 22-23. Section 5.3.1.1 remove semicolon and"And",replace with period,Page 26 Section 6.3.1.9.1 remove semicolon and replace with period,Page 34. Section 7.3.6.8 Alignment,Page 45. Section 11.9.2 Thirty-five(35)and One hundred twenty(120),Page 74 Section 11.14.1 Thirty-five(35),Page 76 Section 4.1,Page 11 The following amendment shall be made to clarify the intent of the Minor Subdivision outcome "The minor subdivision procedure is a process for development and review of subdivisions proposing a maximum of five(5)lots excluding those outlots which will not be used for residential,industrial,or commercial purposes.The minor subdivision process utilizes the minor subdivision sketch plan application process and the minor subdivision final plat process of this Section." Section 11.15.9.11 and 11.15.9.12 Addition of the following for consistency,Page 78 11.15.9.11 Department of Planning Services'Administrative Review Certificate example:This certificate is used when the Subdivision Exemption is approved by the Department of Planning Services. This plat is accepted and approved for filing. Department of Planning Services Director The foregoing certification was acknowledged before me this day of ,A.D.,20 . My commission expires: -1- Notary Public Witness my hand and Seal 11.15.9.12 Easement Certificate example:This certificate shall be used when any easement crosses any of the proposed lots of the Subdivision Exemption. The plat shall also identify the benefitted lot and purpose of the easement. I(we)do hereby dedicate,for the benefit of the property(ies)shown or described hereon,easements for the purposes shown or described hereon. Signature Signature Minor Changes Component 2:Surface and Subsurface/Mineral Owner/Lessee Notification.Current Sections do not provide consistent current procedures.(Zoning Ordinance Sections 21.4.2.3 and 21.4.2.4) 4.2.11,5.2.11 Provide evidence that the surface owner has attempted to consult with authorized representatives all lessees of minerals and oil and gas associated with the site. Procedural Guide lists this as a requirement. If approved,Renumber subsequent sections accordingly. 4.5.20, 6.2.7, 7.2.5 the tax records of the County.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 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. 4.6.3 .Give notice of the proposed Minor Subdivision Final Plat and the public hearing date to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel under consideration. Such notification shall be mailed,first class,not less than ten(10)days before the scheduled public hearing. 4.6.4 . Give -2- notice of the proposed Minor Subdivision Final Plat and the public hearing date to those persons listed in the application as owners and lessees of the mineral estate on or under the parcel under under consideration. Such notification shall be mailed,first class,not less than ten(10) days before the scheduled public hearing. Minor Changes Component 3: General Requirements for Collateral 12.2 General Requirement for Collateral-The policy on Collateral as outlined in the Weld County Administrative Manual shall be followed. Minor Changes Component 4: Ordinance Reference for consistency in all Ordinances. 4.3.3.1 plans of affected municipalities. Compatibility of the proposed Minor Subdivision with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. 6.3.1.8.4 Compatibility of the proposed Minor Subdivision with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. • 6.3.1.9.2 the proposed subdivision is located. Compliance with the Weld County Comprehensive Plan,the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. 7.3.6.1 the Weld County Comprehensive Plan. Compliance with the Weld County Comprehensive Plan,the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. Minor Changes Component 5:Sections 10.18.1.3 and 10.18.1.4.1 shall be removed.Section 10.1.8.1.3 has been replaced by the Collateral Improvements Agreement.Section 10.18.1.4.1 has been repleced by percentage requirements. -3- Minor Changes Component 6:Amendments to include significant information from the Amendment Index into the text of the Subdivision Ordinance. Section 11.2.2 Provisions of Section 11.8.8 shall not be applied to prohibit the approval within ten(10) years,but no less than five(5)years,of one additional application for a Recorded Exemption on a parcel which has been pad of a Recorded Exemption which was approved or had an application pending as of October 25,1995. This shall be in accordance with the Weld County Home Rule Charter Article Ill,Section 3-14(2). Minor Changes Component 7:Several questions arise on the acceptable material for plat submittal.The following sections shall be amended for consistency with State Statute and the Weld County Zoning Ordinance, Section 23.2.1.23.2 According to State Statute 38-50-101(3)(a) Each plat submitted for recording shall meet the following criteria: 1) Bear original signatures and seals. 2) Be made from a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality. 3) Be at least three(3)millimeters in thickness. 4) Be made with nonfading permanent black print. 4.5.21.2 • . The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components shall be made with non-fading permanent black ink. 4.5.21.3 The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required.if a photo mylar copy or diazo sensitized mylar copy is submitted,the original 3ignatures and 3cols must be contained thereon. The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components shall be made with non-fading permanent black ink. • 7.2.6.2 millimeters or greater in thickness,may be submitted.The plat shall meet the following criteria: bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness; and all components shall be made with non-fading permanent black ink. 11.15.9.3 .The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components shall be made with non-fading permanent black ink. 11.15.9.4 Second sentence" ."The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components shall be made with non- fading permanent black ink. -4- Substantial Changes Component 1:Definition Section. Renumbering shall occur for consistency. BUILDING ENVELOPE The two-dimensional space within which a structure(s)is permitted to be built on a lot. BUILDINGS defined as an AGRICULTURAL-EXEMPT BUILDING in the Zoning Ordinance are exempt from the requirement of being located in the BUILDING ENVELOPE. DOUBLE FRONTAGE-A lot that fronts upon two parallel streets,or a lot that fronts upon two streets that do not intersect at the boundaries of the lot. �LGCK LoT ,CONTAGG .� COR wE2 I INTE 2�oQ ` f La T I LoT I 9ACK To_ • I 1 , 1 �... go-GK LoTs I I INTco T°.-- FLA4 ITHRo uGH GoRN6fL LOT LOT / _• LOT 1.11 ; DE fTH LeT I <LaT LIN B4 ' H WIdT 11,11-51,101,: CO2*iGCyl LOT I 1,-Z/sTRaeT LOT LINES II LOCK•e7OUN DAR, MAINTAINED COUNTY ROAD-A paved or gravel road way that meets County road standards that are open and maintained by the County. NON-MAINTAINED COUNTY ROAD-A roadway that does not meet County standards. Possible examples are section line access,an easement,or a private lane. "NON-URBAN SCALE DEVELOPMENT-Developments comprisinged of five or feweref-tess residential lots;which are located in a non-urban area,as defined by the Weld County Comprehensive Plan,and are 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,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(2-1/2)acres per septic system. NON-URBAN SCALE DEVELOPMENT proposing individual,private wells and septic systems shall have a minimum lot size of two and one-half(2-1/2)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. -5- REVERSE FRONTAGE-A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. ruu)1-{11-1 J SINGLB-FAMILY� dd Q Nor.-o Y J • 1 CDGGP LOrS) d ma toet PLAN guFFBe..--31 25' NO ACC65S 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. SITE SPECIFIC DEVELOPMENT PLAN -A subdivision final plat,resubdivision,or minor subdivision application which has been submitted to Weld County and receives has received final or conditional approval by the Board. No other type of subdivision application shall be considered a Site Specific Development Plan. SUPEREVELATION-The raised portion of highway above the normal cross slope to prevent a vehicle from sliding outward.or counteracting all the centrifugal force of a vehicle traveling at an assumed speed. Sketch Plan-The map or maps of a proposed subdivision and specified supporting materials drawn and submitted in accordance with the sketch plan requirements of this Ordinance The definition of Structure found in the Zoning Ordinance shall be added to the Subdivision Ordinance to clarify the intent of the definition of Building Envelope. STRUCTURE:Anything that is built,constructed,or erected,an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner,but not including fences or walls used as fences less than six(6)feet in height,poles,lines,cables or distribution facilities of public utilities. Semi-trailers as defined in§42-1-102(70).CRS,situated as TEMPORARY or permanent storage units,not safe or not operable or illegal to be used on public road rights of way,which are not licensed,shall be considered STRUCTURES'in accordance with this definition,shall comply with requirements set forth in the Weld County Zoning Ordinance,including required zoning SETBACKS and OFFSETS,and shall be installed in accordance with the requirements set forth in the Weld County Building Code Ordinance. -6- Subdivision or Subdivided Land-Any parcel of land in the state County which is to be used for condominiums,apartments,or any other multiple-dwelling units,unless such land when previously subdivided was accompanied by a filing which complied with these provisions and with substantially the same density,or which is divided into two or more parcels,separate interest,or interests in common, unless exempted under the preeediftg following paragraphs."Interests"shall include any and all interests in the surface of land but exclude any and all subsurface interests. (II) Which could be created by any court in this state pursuant to the law of eminent domain,or by operation of law,or by order of any court in this state if the Board of County Commissioners is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion prior to entry of the court order;and,if the board does not file an appropriate pleading within twenty days after TRAVEL WAY-The TRAVEL WAY is defined as that portion of the roadway for movement of vehicles. exclusive of shoulders and auxiliary lanes. -7- Substantial Change Component 2:Changes at the request of the Department of Public Works 4.6.9.6 Delete second sentence.Add: Standards established in Sections 10.2.1.7 and 10.2.1.8 of this Ordinance shall be met.This information is found in Section 10.2.1.7 and provides the opportunity for inconsistencies. 4.6.16.6 Delete last sentence.Add: Standards established in Sections 10.2.1.7 and 10.2.1.8 of this Ordinance shall be met.This information is found in Section 10.2.1.7 and provides the opportunity for inconsistencies. 7.2.3.21 An erosion control report maybe required at the request of the Department of Public Works. 10.2.1 All streets within art subdivisions and planned unit developments will be designed and constructed paved in accordance with the following standards. 10.2.1.1 Last sentence: All building sites shall have access to a public internal street system. This internal road is a separate parcel and not pad of the residential lots. 10.2.1.2 Parallel Roadway Alignment Parallel roadway alignment for internal streets without adequate separation is undesirable. If such alignment is used,a minimum of twenty(20) feet of buffer between future right-of-ways will be required. Screening to reduce right- side headlight glare will be required. Screening type shall receive approval by the Department of Public Works and Planning Services. Subsequent sections shall be renumbered accordingly. 10.2.1.4 Add last sentence to existing section: The adequacy of access will be evaluated according to the design standards and specifications found in the Colorado State Highway Access Code(2 C.C.R. 601.1 Chapters 3 and 4.) Sight distance triangles shall be provided at all intersections. 10.2.1.6 Add last sentence to existing section: Only one access is permitted per new lot.All driveways shall be off the internal subdivision road system. 10.2.1.7 and 10.2.1.8 shall be deleted and reorganized into a Table.All other ordinances shall make reference to this section,therefore,eliminating future errors in consistency. Section 10.2.1.7 shall be the following Table. -8- 10.2.1.7 County Road System. The following table established minimum standards for new or rebuilt County roads. These standards shall be considered minimum unless more stringent standards may be established by the Board of County Commissioners or this Ordinance. AVERAGE NUMBER RIGHT MINIMUM MINIMUM NUMBER OF ROAD DAILY TRAFFIC PAVEMENT OF LANE SHOULDER OF WAY DESIGN CENTERLINE MAXIMUM RESIDENTIAL CLASSIFICATION COUNTS TYPE LANES WIDTH WIDTH WIDTH SPEED RADIUS GRADE DRIVEWAYS PER MILE SECTION LINE ROADS ARTERIAL >1000 Asphalt 2-4 12' 8'paved 130-150' 55 mph 1650'*** 4% ** COLLECTOR 500-1000 Asphalt 2-4 12' 6'paved 80-100' 45 mph 1100'*** 5% 6 LOCAL-MAJOR <500 Asphalt 2 12' 4'gravel 60' 30 mph 300'*** 6% unlimited LOCAL-MINOR <200 Gravel 2 14' none 60' 30 mph 300'*** 6% unlimited RURAL SUBDIVISION COLLECTOR >500 Asphalt 3 12' 6'paved 80' 35 mph 300' 5% 6 LOCAL-MAJOR <500 Asphalt 2 12' 4'gravel 60' 30 mph 100' 6% unlimited LOCAL-MINOR <50 Gravel 2 13' none 60' 30 mph 100' 6% unlimited URBAN SUBDIVISION ARTERIAL >1000 Asphalt 2-6 12' * 100-130' 45 mph 800'*** 4% none COLLECTOR 500-1000 Asphalt 2-4 12' * 80' 35 mph 450'*** 5% 6 LOCAL <500 Asphalt 2 12' * 60' 25 mph 100' **** 6% unlimited Notes: Weld County generally follows the published policies and standards set forth in the Colorado Division of Highways Roadway Design Manual and the American Association of State Highway and Transportation Official's published policies on Geometric Design of Highways and Streets for new construction. Individual site restrictions may necessitate more stringent standards. individual sites shall be evaluated by the Department of Public Works. I *In Urban Areas,the shoulder is replaced with curb,gutter,sidewalk,bike paths and landscaping areas. **Residential Driveways to an arterial will be allowed when no other option is available. The developer must provide a turn-around on-site to prevent backing onto the arterial. ***Super-elevation will be required e=.04 maximum ****All Subdivisions withing the MUD Area or Urban Growth areas will use the Urban Subdivision standards above,or the appropriate municipal standards,whichever are more restrictive. -9- 60' ROW CLEAR ZONE 1' CLEAR ZONE 14' 14' ( 4' ,2' TRAVEL LANE TRAVEL LANE • CLASS 6 BASE 2% INTERSECTION CULVERT SECTION LINE LOCAL MIINOI ALLOWABLE FOR DEAD END ROADS WITH LESS THAN 20 HOMES ONLY 60' ROW 1' CLEAR ZONE 1' CLEAR ZONE 4' 12' 12' 4' ( 4' 2' /SHOULDER TRAVEL LANE # TRAVEL LANE SHOULDERS 2% 2% A HBP CLASS 6 BASE 2% INTERSECTION CULVERT SECTION ILA LOCAL MAJOR 80'ROW 1' 1'CLEAR ZONE CLEAR ZONE 12' 12' 16'tDIAN 12' 12' 4' 4' 2' 'SHOULDER.'RIGHT TURN LANE TRAVEL LANE (AS NEEDED) TRAVEL LANE RIGHT TURN LANE ' (AS NEEDED) (AS NEEDED) 2% 2% 2% HBP CLASS 6 BASE � +� INTERSECTION CULVERT SECTION ATE COUL18CJX R .NOTE:IN AREAS WITHOUT RIGHT TURN LANES SHOULDERS SHALL BE 6 FEET WIDE. 13O'TO 15O'ROW C 1 CLEAR ZONE 1'CLEARIZONE 12' 12' 12' 18'M MIAN 12' 12' 12' � 'S40LLDER+ RIGHT TURN LANE TRAVEL LANE TRAVEL LANE (AS NEEDED) TRAVEL LANE TRAVEL LANE RIGHT TURN LANE STI0U DERV 4' l 2' (AS NEEDED) (AS NEEDED) (AS NEEDED) 2X 2X HBP CLASS R BASE 2% INTERSECTION CULVERT SECTION LINE ARTERIAL 4NOTE:IN AREAS WITHOUT RICHT TURN LANES SHOULDERS SHALL BE 5 FEET WADE. 60' ROW 1' CLEAR ZONE 1' CLEAR ZONE 4' 12' 12' 4' ( 4' 2' SHOULDER TRAVEL LANE TRAVEL LANE SHOULDER 2% HBP CLASS 6 BASE 2% INTERSECTION CULVERT KURAL SUBDIVISION LOCAL(MAJOR) 60' ROW CLEAR ZONE 1' CLEAR ZONE 13 13' 4' 2' TRAVEL LANE TRAVEL LANE 2% 2% CLASS 6 BASE 2% INTERSECTION CULVERT RURAL SUBDIVISION LOCAL(MINOR) 80'ROW 1'CLEAR ZONE 1'CLEAR ZONE �OULDER• RIGHT TURN LANE TRAVEL'LANE (AS NEEDED) 12' 12' SHOULDERS EDIAN 4' 4' 12' ( TRAVEL LANE RIGHT TURN LANE (AS NEEDED) 2% 2% HBP CLASS 6 BASE 2% INTERSECTION CULVERT RURAL SUBDIVISION CO]ELECIM *NOTE:IN AREAS WITHOUT RIGHT TURN LANES SHOULDERS SHALL BE 6 FEET WOE. 60' ROW 5' 2.5' 8' 12' 12' 8' 2.5' 5' CONCRETE PARKING TRAVEL LANE TRAVEL LANE PARKING SIDEWALK 2% 2% HBP CLASS 6 BASE CURB & GUTTER CURB & GUTTER URIBAN LOCAL I1�S) AL 60' ROW 6' 2.5' 12' 12' 12' 2.5' 2' 6' CONCRETE TRAVEL LANE LEFT TURN LANE TRAVEL LANE # MIN. SIDEWALK 2% 2% ,. • HBP CLASS 6 BASE CURB & GUTTER CURB & GUTTER URBAN LOCAL EMPLOYMENT/ REGIONAL COMMERCIAL NO ON-STREET PARKING NOTE: URBAN TYPICALS APPLY TO ALL DEVELOPMENTS WITHIN THE MIXED USE DEVELOPMENT AREA AND ALL URBAN GROWTH BOUDARY AREAS. BO'TO 100'ROW 6' 2.5' 12' 6' 12' 14'PAINTED MEDIAN 12' 6' 12' 2.5' 2' 6' CONCRETE RIGHT TURN LANE BIKE TRAVEL LANE WITH PROVISION FOR i-10' TRAVEL LANE BIKE RIGHT TURN LANE MIN. DETACHED SIDEWALK (AS NEEDED) LANE LEFT TURN LANE LANE (AS NEEDED) CONCRETE SIDEWALK 2% HBP CLASS 6 BASE CURB AC GUTTER CURB&GUTTER URBAN 2 LANE COL LECIrOR =SS SECTIONS 130 10 100'ROM 17 IS 11' 17 !4'RNWa NEOIAN 1!' 11' 1Y 17 !A' Y Y' CONCRETE MONT WWI LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE WIN PROM=FOR l-10 TRAWL UNE TRAVEL LAN[ TRAWL LANE IMTN®Eoj NIrL OETACIED =EWA N (AO man. LEFT IIA N LANE! CONCRETE •''•..• NW CAW O YAW: CURB!MITER n!R•MTV URBAN 6 LANG MAJOR MOREAL WITH RAM MEDIAN n0'TO 13G ROW 1 6' LW 1r r tr 12 24 RAID MEDIAN tr 1]' 6' 12' LW r r CONCRETE RIGHT TURN LANE ME TRAVEL.LANE TRAVEL LANE WITH PROVISION FOR 2-10' TRAVEL.LANE IRA.LANE B(E RIGHT TLA6R LANE MIN. DETACHED LANE (AS N® ED) 9WEWAU( (AS NEEDED) LANE LEFT TURN OWES CONCRETE 90EWAIX ..�• H. CLASS 6 RASE CURB k GUTTER CURS t GUTTER URBAN 4 LANE MAJOR ARTERIAL W11B RAISED MEDIAN 100'TO 120'ROW 1 E' 2.0' 12' B' 13' 12' 14'PAINTED MEDIAN 12' 1J' B' 12' 26' 2' D' CONCRETE RIGHT TURN LANE BIKE TRAVEL LANE 1RAVEL LANE IMTN PROVISION FOR 1-10' 1NAN1 LANE TRAVEL LANE BIKE 0001 TURN LANE MN. DETACHED SIOEWAl1( (AS NEEDED) LANE LEFT TURN UNE LANE (AS NEEDED) CONCRETE SIDEWALK ...^c, ...:'. CLASS!BASE .. CURB W GUTTER CURB W CUTTER URBAN 4 LANB MINOR ARTERIAL 10.2.1.13 Add last sentence to existing section: Maximum Cul-de-Sac length between intersecting streets shall be fifteen hundred(1.500)feet. This distance shall be measured from centerline to centerline. 10.2.1.16 Sight Distance Triangle—The developer will verify that all intersections have sufficient sight distance by delineating the sight distance triangle on the plans,as illustrated below. STIL6ET (mss@E GL ASSIFIGATIOIJ) H I6HT OF w\AY SIGHT �,L.o.W-/T(tIANGLE N EASEMENT I CTYPtCAL> I 10.2.2 Add words to last existing sentence: and a sign shall be provided at all intersections designating the street names. 10.2.3 Add the following last sentences: Pavement width requirements will adhere to Table 111-21 for turning roadways (AASHTO'A Policy on Geometric Design of Highways and Streets';1990). The minimum vertical grade for any new roadway is 0.4%. The maximum grade break without a vertical curve is 1.0%. Cross slope shall be 2.0%except at arterial intersections where the cross slope will transition to 1.0%fifty(50)feet back of the right-of-way. 10.2.4 Add words to last existing sentence: which shall include,but not be limited to the following: 10.2.4.1 A typical cross section of the street to illustrate center line,pavement and right-of-way widths,depth of asphalt and base course,cross slope, sidewalks and drainage improvements. 10.2.8 Parking Lots—New development shall demonstrate compatibility with existing surrounding land use. The developer shall widen the parking isle as needed for turning movements. 10.3 Second Sentence:Sidewalks in Urban Subdivisions shall be a minimum of four(4)five(5)feet in width. 10.3.1 Second Sentence:Improved walks of not less than four(4)five(5)feet in width.. 10.4.5 Maximum block length between intersecting streets shall be 1,500 fifteen hundred(1,500)feet, unless waived by the Board. This distance shall be measured from centerline to centerliine. 10.5.6 Each new lot shall be provided with an adequate access to an internal public street. The following sections are new,appropriate renumbering shall occurr: 10.5.7 No direct residential access to a section line roadway shall be allowed. -11- 10.5.8.Frontage Road or parallel roadway alignment for internal streets is undesirable. If this alignment is used,adequate separation must be provided to avoid headlight glare onto the roadway. The developer shall verify that the design vehicle has adequate turning area to be perpendicular to the future right-of-way line.Additional standards for Frontage Road or parallel roadway alignment are found in Section 10.2.1 of this Ordinance. 10.5.10 Add last sentence to existing section: This access road shall be graded.twenty(20)feet wide and drained to provide adequate emergency access to the property. For access and culvert information,see Ordinance 180. 10.11.3.5.1 Add last sentence to existing section: The design will conform with the South Weld 1-25 Corridor Master Drainage Plan if the site is within the identified basins. 10.13.1 Add last sentence to existing section: The design will conform with the South Weld 1-25 Corridor Master Drainage Plan if the site is within the identified basins. 11.3.14.4 The location of all existing and proposed driveways and accesses associated with either lot. 11.3.14.4.1 The applicant shall complete a Weld County Access Information Sheet for each access point and each lot of a Recorded Exemption. 11.3.14.4.2 Direct access from a public road shall be limited to one per legal parcel,except where further limited or restricted by zoning or subdivision regulation. 11.3.14.4.3 Where the access is adjacent to a state highway,the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining new access from the Colorado Department of Transportation. 11.3.13.8 Add last sentences to existing section: New residential driveways to an arterial will be provided only when no other option is available The property owner must provide a turn-around on-site to prevent backing onto the road. 11.5.1.7 An approved access that will provide for safe access to and from the parcels. 11.8.6 The decision to approve a recorded exemption may be conditioned to mitigate impacts or address concerns of referral agencies. Existing or future rights-of-way and additional access points on Weld County Roads shall be dedicated or reserved in conformance... 11.15.7.5 An approved access that will provide for safe access to and from the parcels. 5) Addition to Page 4-2 Road Construction Standards Under severe physical constraints and very low traffic volumes,the Department of Public Works or Board of County Commissioners may allow nine(9)foot lanes and four(4)foot shoulders on Local Roads. Pavement width requirements for turning roadway shall be in accordance with Table 111-21,American Association of State Highway Transportation Officials. Maximum Grade Change on all roadways without a vertical curve is one(1)percent. This percentage shall include the approaches to valley gutters. -12- Substantial Change Component 3: Additions to application procedures for consistency with current policy(Subdivision Ordinance Section 6.2.2.1 or procedural guides)and renumber accordingly. 4.2.11,7.2.3.22,11.3.13,11.15.6.5 A Certificate from the County Treasurer showing no delinquent taxes for the area referred to in applicant materials. 7.2.3.20 If applicable,an erosion control plan. 7.2.3.21 Subdivision road plans prepared by a professional engineer licensed to work in the State of Colorado. The road plans shall be dated and bear the signature and seal of the engineer. The road plans shall include the following minimum data: 7.2.3.21.1 Plans and profiles of all roads to be improved. 7.2.3.21.2 A typical cross section of applicable roads,culverts,and bridges. 7.2.3.21.3 Typical road section,including pavement design supported by soil reports,test results,and computations. 7.2.3.21.4 Typical or specific details of road intersections and cul-de-sacs. 7.2.3.21.5 A complete estimate of costs. 7.2.3.21.6 Any additional information required by the Weld County Department of Public Works. 7.2.3.22 A title commitment or a title opinion covering all public dedications. 7.2.3.23 A warranty deed.if required,deeding to the appropriate entity any lands to be used for the benefit of the public or owners and future owners of the Subdivision. RE Process: 11.3.10 A statement explaining the current irrigation practices occurring on the site. 11.3.13.9. Building envelope(s)shall be designated. If the applicant intends to designate a building envelope as a means of establishing compliance with the provisions of this Ordinance, including but not limited to Sections 1.3.1 and 1.3.10. 11.5.1.6 An approved access that will provide for safe access to and from the parcels. 11.7.1.7 • • , • .Any lot to be created through a recorded exemption procedure•-hich:_'___t__35____ _ize shall show the bearings,lengths,and curve data of the lot lines. If both lots to be created through a recorded exemption procedure are less than 35 acres,then the bearings,lengths,and curve data shall be shown around the perimeter of both lots.A boundary survey shall be required around the perimeter of both lots.A boundary survey shall be required for any irregular shaped lot which does not have a natural boundary and cannot be accurately described without standards for land surveys and plats in Title 38,Article 51,Colorado Revised Statutes. -13- 11.8.2 Adequate provision has been made to protect irrigation practices,the flow of irrigation water,and access to the irrigation system. 11.8.6 The decision to approve a recorded exemption shall be conditioned to mitigate impacts of additional accesses to Weld County Roads. 11.8.7 The placement of building envelope(s)and alternative location for a building envelope shall be evaluated with respect to the impact on the current and future agricultural production of the parcels. 11.10.1 Technical errors include,but are not limited to,relocation of building envelopes if such relocation is consistent with the original intent of the approved RE.correcting scrivener errors on the plat and correcting survey errors. 11.15.7.5 A description detailing how adequate provision will be made to protect irrigation practices,the flow of irrigation water,and access to the irrigation system. 11.15.7.6 An approved access that will provide for safe access to and from the parcels. Substantial Change Component 4:Clarification for information required on ReSubdivision plats,Section 8.The addition of Section 8.3 will clarify this issue.Subsequent sections shall be renumbered accordingly. 8.3 Resubdivision Plat. The plat shall contain two seperate illustrations detailing the property. The first illustration shall be titled,"Property Prior Resubdivision"and shall illustrate the property configuration prior to the Resubdivision. The second illustration shall be titled,"Property After Resubdivision"and shall illustrate the property configuration after the Resubdivision. 8.3.1 In addition to the Resubdivision Plat,the applicant shall submit a copy of the title prior to, and after the Resubdivision. Substantial Change Component 5:Amendments regarding Vested Property Rights to Sections 4.5.4 and 6.2.3.2 at the Request of the Weld County Attorneys. Sections 4.5.4 and 6.2.3.2 An addition after the first and only sentence: Major changes from a reviewed Sketch Plan may require a 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 Minor Subdivision and the"application,"for purposes of compliance with 24-68-102.5,et.seq.,C.R.S.,shall be the application for the amended Sketch Plan. -14- Substantial Change Component 6:Section 10.7.1 amendments at the request of the Weld County Department of Public Health and Environment pertaining to sewage disposal. 10.7.1 • Department has made a favorable rccommcndation.Appeal of an unfavorable I lealth 3.11 of the Weld County Individual Scwage Disposal Systems Regulations. The proposed subdivision shall comply with the sanitary sewage disposal requirements of the underlaying zone district.Plans for the proposed subdivision shall be referred to the Weld County Department of Public Health and Environment Department for review.The Health Department 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 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 Health Department has made a favorable recommendation.Appeal of an unfavorable Health Department recommendation shall be in accordance with the procedures set out in Section 3.11 of the Weld County Individual Sewage Disposal Systems Regulations. -15- NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, November 7,2000,at 1:30 p.m.for the purpose of considering an ordinance change for the document described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER:Ordinance 173-F APPLICANT:Weld County PLANNER:Anne Best Johnson TYPE AND INTENSITY OF PROPOSED USE: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. The public hearing will be held in Room 210,Weld County Planning Department, 1555 N.17th Avenue,Greeley,Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services,1555 N.17th Avenue, Greeley,Colorado 80631,before the above date or presented at the public hearing on November 7,2000. Copies of the application are available for public inspection in the Department of Planning Services,1555 N.17th Avenue, Greeley,Colorado 80631. Please call Trisha Swanson at(970)353-6100,Ext. 3540,or Fax#(970)304-6498,prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. Cristie Nicklas,Chair Weld County Planning Commission 7 i r.1.\17r, To be published in the South Weld Sun. =µ To be published one(1)time by October 19,2000. 1V • ,t,_a„.., MEMORANDUM ill 1 TO:Ann Best-Johnson,W.C.Planning DATE: September 13,2000 O FROM:Pam Smith,W.C.Department of Public Health and • Environment • COLORADO SUBJECT:Proposed Subdivision Ordinance and PUD changes The Weld County Department of Public Health and Environment has reviewed the sections of the Subdivision and PUD Ordinances pertaining to sewage disposal. The Department would like to make the following changes and additions to those ordinances: Subdivision Ordinance 173-E,Section 10.7.1 now reads: 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 Health Department for review. The I lealth Department 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. No sewage disposal system plan shall receive the approval of the Board unless the Health Department has made a favorable recommendation. Appeal of an unfavorable Health Department recommendation shall be in accordance with the procedures set out in Section 3.11 of the Weld County Individual Sewage Disposal Systems Regulations. Proposed change to Section 10.7.1:(redlined) 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 Wet fTCo i ae= r ant of F161iifl,eaavi , .tt for review.The Health Department 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'Health Department matyralso require that•ail;proposed"septic systems provide enhanced treatment, and;a design,."installation mPonitoring, rrmaintenanee,and management;pl@n for all,.'the individual,sewage disposal"systems". Enhanced�tt�ea_tment}systems.are those.tl at tn, po Ca rate aeration,alternating fields,effluent rs„ltesand filter systems,trickling filter systems,''etc Monitoring arOnifeintena rice,should outline any=sched'ul"ed inspections,septic tank,,pumping;schedule,and'other duties to be performed on each system The management componenfshould outline.the4unding:source-fokhe oversight of the plan(i.e.the Home O"wners:Associati"op,'etc), ho Niiill pelforl R,each of"the.,various•:'parts of the plan,anti ernforcement provisions.. No sewage disposal system plan shall receive the approval of the Board unless the Health Department has made a favorable recommendation. Appeal of an unfavorable Health Department recommendation shall be in accordance with the procedures set out in Section 3.11 of the Weld County Individual Sewage Disposal Systems Regulations. PUD Ordinance changes: PUD Ordinance 197,Section 2.20 now reads: 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 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 Health 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. Proposed change to Section 2.20: 2.20 _ {ataionstons,kW, ?Y ap ade to fe;uat r s t j' 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 Health 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. Sewer Provisions= A PUD Zone bisfirict shall,be:served by.an adequate sewage disposal system:-:A:ll PUD''s contaming=commercial:and/or industrial.uses=shall'be served.by a:public sewer system The propposed 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 Departments of Public Health and`Environment for review. For ltP those,residentiaUD's where sewage is;proposed to beqr-eatear,:by septic systems the Health Department may require the applicant td submit additional-engineering or.geological reports data and`to,conduct a study,of'the economic feasibility=of the'sew' work prior to maliin.gha-irecommendation The.Health Department may also requireth"at"all proposed septicsystems=provide enhanced treatment,;end a design.installation,monitoring maintenance,'and management„plan,for all'the individuaIJ sewage disposal systems: Enl ancedrtreatment systemsaare those tthat incorporate aeration,alternating fiields,effluent ff ters,sand filtersystems,trickling Ater systems;etc Monitoring and,maintenance should outline any4:scheduled',inspections,;.,septic tank tpumping°schedule,.and other duties toxbe Pe,tformedron,each.system The managermentcoreponent sh o ould utline the funding urc soe for�the-oversight theiplan(i.e th&Horrie Owners Association,etc.),who will perform each of the various parts of f lie+plan,and;enforcement provisions No sewage disposal system plan shall receive the approval of the Board unless.the Health Department.has made„a favorable,recorrirr�iendation.Appeal-of an-°unfavorable Health:;Department.recommendation shall+:be in,:.accordance'with,the procedures set:out ih Section 3.11 of the 1/1 eid-County Individual Sewage Disposal Systems Regplaggns MAPAM,Pianninglpropoeed sub.&pud changes memo.wpd letrin MEMORANDUM To: Referral Agencies CFrom: Anne Best Johnson COLORADO Subject: Subdivision Ordinance Amendments Date: September 8,2000 Attached are the proposed amendments to the Subdivision Ordinance. These proposed amendments are broken into two categories:Minor Changes and Substantial Changes. Each change is discussed in detail in the application materials attached. The Minor Changes include the following: Component 1: 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. Component 2: Surface and Subsurface/Mineral Owner/Lessee Notification.Current Sections do not provide consistent current procedures.(Zoning Ordinance Sections 21.4.2.3 and 21.4.2.4) Component 3: General Requirements for Collateral Component 4: Ordinance Reference for consistency in all Ordinances. Component 5: Sections 10.18.1.3 and 10.18.1.4.1 shall be removed. Section 10.1.8.1.3 has been replaced by the Collateral Improvements Agreement.Section 10.18.1.4.1 has been replaced by percentage requirements. Component 6: Amendments to include significant information from the Amendment Index into the text of the Subdivision Ordinance. Component 7: Several questions arise on the acceptable material for plat submittal.The following sections shall be amended for consistency with State Statute and the Weld County Zoning Ordinance,Section Substantial Changes include the following: Component 1: Definition Section. Renumbering shall occur for consistency. Component 2: Changes at the request of the Department of Public Works Component 3: Additions to application procedures for consistency with current policy (Subdivision Ordinance Section 6.2.2.1 or procedural guides)and renumber accordingly. Component 4: Clarification for information required on ReSubdivision plats,Section 8.The addition of Section 8.3 will clarify this issue.Subsequent sections shall be renumbered accordingly. Component 5: Amendments regarding Vested Property Rights to Sections 4.5.4 and 6.2.3.2 at the Request of the Weld County Attorneys. SERVICE,TEAMWORK INTEGRITY,QUALITY Subdivision Ordinance,Ordinance 173F Proposed Amendments Editorial Note:Red Lined Italic type represents items to be amended in.—Strikeout-type represents items to be amended out. Minor Changes Component 1: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. Section 1.3.1-1.3.17,Removal of all semicolons and replacement with periods,Page 2-3. Renumbering of Section 3,Page 10 for consistency. Alignment of County Road System Table,and changes to the Shoulder Width column to be consistent with current county policy,as follows: Local:4';Collector:6';Arterial:8', Page 7. Alignment of Section 6.3.4.8,Page 36. Remove period after Section 4.2.12 and replace with a Colon. Section 4.4 One hundred twenty(120),Page 13. Section 4.5 remove period and replace with a Colon,Page 13. Sections 4.5.21.20.1,4.5.21.20.2,7.2.7.13,7.2.7.13.3,11.7.1.12,11.7.1.12.4,11.15.9.9 remove the 19_from all signature blocks and replace with 20_ Section 4.6.9.1-4.6.9.15,replace semicolons with periods,delete the word"And"from Section 4.6.9.15, Page 20-21. Section 4.6.16.1-4.6.16.14,replace semicolons with periods,delete the word"And"from Section 4.6.16.14,Page 22-23. Section 5.3.1.1 remove semicolon and"And",replace with period,Page 26 Section 6.3.1.9.1 remove semicolon and replace with period,Page 34. Section 7.3.6.8 Alignment,Page 45. Section 11.9.2 Thirty-five(35)and One hundred twenty(120),Page 74 Section 11.14.1 Thirty-five(35),Page 76 Section 4.1,Page 11 The following amendment shall be made to clarify the intent of the Minor Subdivision outcome "The minor subdivision procedure is a process for development and review of subdivisions proposing a maximum of five(5)lots excluding those outlots which will not be used for residential,industrial,or commercial purposes.The minor subdivision process utilizes the minor subdivision sketch plan application process and the minor subdivision final plat process of this Section." Section 11.15.9.11 and 11.15.9.12 Addition of the following for consistency,Page 78 11.15.9.11 Department of Planning Services'Administrative Review Certificate example:This certificate is used when the Subdivision Exemption is approved by the Department of Planning Services. This plat is accepted and approved for filing. Department of Planning Services Director The foregoing certification was acknowledged before me this day of A.D.,20 My commission expires: -1- Notary Public Witness my hand and Seal 11.15.9.12 Easement Certificate example:This certificate shall be used when any easement crosses any of the proposed lots of the Subdivision Exemption. The plat shall also identify the benefitted lot and purpose of the easement. I(we)do hereby dedicate,for the benefit of the property(ies)shown or described hereon,easements for the purposes shown or described hereon. Signature Signature Minor Changes Component 2:Surface and Subsurface/Mineral Owner/Lessee Notification. Current Sections do not provide consistent current procedures. (Zoning Ordinance Sections 21.4.2.3 and 21.4.2.4) 4.2.11,5.2.11 Provide evidence that the surface owner has attempted to consult with authorized representatives all lessees of minerals and oil and gas associated with the site. Procedural Guide lists this as a requirement. If approved,Renumber subsequent sections accordingly. 4.5.20, 6.2.7, 7.2.5 • the tax records of the County.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 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. 4.6.3 Commission public meeting date to those persons listed in the application as owners of property be mailed,first class,not less than tcn(10)days before the scheduled public hearing.Give notice of the proposed Minor Subdivision Final Plat and the public hearing date to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel under consideration. Such notification shall be mailed,first class,not less than ten(10)days before the scheduled public hearing. 4.6.4 The planner shall give notice of the application for a minor subdivision final plat and the Planning be mailed,first class,not less than ten(10)days before the scheduled public hearing. Give -2- notice of the proposed Minor Subdivision Final Plat and the public hearing date to those persons listed in the application as owners and lessees of the mineral estate on or under the parcel under under consideration. Such notification shall be mailed,first class.not less than ten(10) days before the scheduled public hearing. Minor Changes Component 3: General Requirements for Collateral 12.2 General Requirement for Collateral-The policy on Collateral as outlined in the Weld County Administrative Manual shall be followed. Minor Changes Component 4: Ordinance Reference for consistency in all Ordinances. 4.3.3.1 Compliance with the Wcld County Comprehensive Plan,this Ordinance,the zone district in plans of affected municipalities. Compatibility of the proposed Minor Subdivision with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. 6.3.1.8.4 Compatibility of the proposed Minor Subdivision with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. 6.3.1.9.2 . Compliance with the Weld County Comprehensive Plan,the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. 7.3.6.1 the Wcld County Comprehensive Plan. Compliance with the Weld County Comprehensive Plan,the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the Weld County Comprehensive Plan,and the Comprehensive Plan or Master Plan of affected municipalities and intergovernmental Agreements. Minor Changes Component 5:Sections 10.18.1.3 and 10.18.1.4.1 shall be removed. Section 10.1.8.1.3 has been replaced by the Collateral Improvements Agreement.Section 10.18.1.4.1 has been repleced by percentage requirements. -3- Minor Changes Component 6:Amendments to include significant information from the Amendment Index into the text of the Subdivision Ordinance. Section 11.2.2 Provisions of Section 11.8.8 shall not be applied to prohibit the approval within ten(10) years,but no less than five(5)years,of one additional application for a Recorded Exemption on a parcel which has been part of a Recorded Exemption which was approved or had an application pending as of October 25,1995. This shall be in accordance with the Weld County Home Rule Charter Article Ill,Section 3-14(2). Minor Changes Component 7:Several questions arise on the acceptable material for plat submittal.The following sections shall be amended for consistency with State Statute and the Weld County Zoning Ordinance, Section 23.2.1.23.2 According to State Statute 38-50-101(3)(a) Each plat submitted for recording shall meet the following criteria: 1) Bear original signatures and seals. 2) Be made from a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality. 3) Be at least three(3)millimeters in thickness. 4) Be made with nonfading permanent black print. 4.5.21.2 . The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality:be at least three(3)millimeters in thickness;and all components shall be made with non-fading permanent black ink. 4.5.21.3 The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required. . The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness:and all components shall be made with non-fading permanent black ink. 7.2.6.2 .The plat shall meet the following criteria: bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness; and all components shall be made with non-fading permanent black ink. • 11.15.9.3 .The plat shall meet the following criteria:bear original signatures and seals;be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality;be at least three(3)millimeters in thickness;and all components shall be made with non-fading permanent black ink. 11.15.9.4 Second sentence"if a photo mylar copy or diazo sensitized mylar copy is submitted,the ."The plat shall meet the following criteria:bear original signatures and seals:be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality:be at least three(3)millimeters in thickness;and all components shall be made with non- fading permanent black ink. -4- Substantial Changes Component 1:Definition Section. Renumbering shall occur for consistency. BUILDING ENVELOPE The two-dimensional space within which a structure(s)is permitted to be built on a lot. BUILDINGS defined as an AGRICULTURAL-EXEMPT BUILDING in the Zoning Ordinance are exempt from the requirement of being located in the BUILDING ENVELOPE. DOUBLE FRONTAGE-A lot that fronts upon two parallel streets,or a lot that fronts upon two streets that do not intersect at the boundaries of the lot. E I-OG rc -�KIrONTAGG �" \ CORNER-. INTERIOR- ,\ LOT LOT �... ' ..��. `'BACK INTBR.Io�. TH •Ro UGH Ga2Nea- LO T ' F LA 6 lye , I LOT I DLOT ��11 4 6PT1-1 I • 1 �SICG LeT' I LoT I Llr.@S WIDTH IN TER Io2- I COIcn+G�� LOT I -.� LOT STREET -••-LOT LINES Ift,LOCIe-NOUN PAR, MAINTAINED COUNTY ROAD-A paved or gravel road way that meets County road standards that are open and maintained by the County. NON-MAINTAINED COUNTY ROAD-A roadway that does not meet County standards. Possible examples are section line access,an easement,or a private lane. "NON-URBAN SCALE DEVELOPMENT-Developments compristriged of five or fewerof-iess residential lots;which are located in a non-urban area,as defined by the Weld County Comprehensive Plan,and are 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,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(2-1/2)acres per septic system. NON-URBAN SCALE DEVELOPMENT proposing individual,private wells and septic systems shall have a minimum lot size of two and one-half(2-1/2)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. -5- REVERSE FRONTAGE-A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. 0 SInia,e-FAMILY Q�•I HOMG�j II , f- .J �DGGP LOTS d `t /f et UQ PLAN BUFFH2.--)II 25' 1 {(--No AccKS 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. SITE SPECIFIC DEVELOPMENT PLAN -A subdivision final plat,resubdivision,or minor subdivision application which has been submitted to Weld County and rcccive3 has received final or conditional approval by the Board.No other type of subdivision application shall be considered a Site Specific Development Plan. SUPEREVELATION-The raised portion of highway above the normal cross slope to prevent a vehicle from sliding outward.or counteracting all the centrifugal force of a vehicle traveling at an assumed speed. Sketch Plan-The map or maps of a proposed subdivision and specified supporting materials drawn and submitted in accordance with the sketch plan requirements of this Ordinance The definition of Structure found in the Zoning Ordinance shall be added to the Subdivision Ordinance to clarify the intent of the definition of Building Envelope. STRUCTURE:Anything that is built,constructed,or erected,an edifice or building of any kind.or any piece of work artificially built up or composed of parts joined together in some definite manner,but not including fences or walls used as fences less than six(6)feet in height,poles,lines,cables or distribution facilities of public utilities. Semi-trailers as defined in§42-1-102(70).CRS.situated as TEMPORARY or permanent storage units,not safe or not operable or illegal to be used on public road rights of way,which are not licensed,shall be considered`STRUCTURES'in accordance with this definition,shall comply with requirements set forth in the Weld County Zoning Ordinance.including required zoning SETBACKS and OFFSETS,and shall be installed in accordance with the requirements set forth in the Weld County Building Code Ordinance. -6- Subdivision or Subdivided Land-Any parcel of land in the state County which is to be used for condominiums,apartments,or any other multiple-dwelling units,unless such land when previously subdivided was accompanied by a filing which complied with these provisions and with substantially the same density,or which is divided into two or more parcels,separate interest,or interests in common, unless exempted under the preeeetifg following paragraphs."Interests"shall include any and all interests in the surface of land but exclude any and all subsurface interests. (II) Which could be created by any court in this state pursuant to the law of eminent domain,or by operation of law,or by order of any court in this state if the Board p of County Commissioners is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion prior to entry of the court order;and,if the board does not file an appropriate pleading within twenty days after TRAVEL WAY-The TRAVEL WAY is defined as that portion of the roadway for movement of vehicles. exclusive of shoulders and auxiliary lanes. -7- Substantial Change Component 2:Changes at the request of the Department of Public Works 4.6.9.6 Delete second sentence.Add: Standards established in Sections 10.2.1.7 and 10.2.1.8 of this Ordinance shall be met.This information is found in Section 10.2.1.7 and provides the opportunity for inconsistencies. 4.6.16.6 Delete last sentence.Add: Standards established in Sections 10.2.1.7 and 10.2.1.8 of this Ordinance shall be met.This information is found in Section 10.2.1.7 and provides the opportunity for inconsistencies. 7.2.3.21 An erosion control report may be required at the request of the Department of Public Works. 10.2.1 All streets within- aloe subdivisions and planned unit developments will be designed and constructed paved in accordance with the following standards. 10.2.1.1 Last sentence: All building sites shall have access to a public internal street system. This internal road is a separate parcel and not part of the residential lots. 10.2.1.2 Parallel Roadway Alignment Parallel roadway alignment for internal streets without adequate separation is undesirable.If such alignment is used,a minimum of twenty(20) feet of buffer between future right-of-ways will be required. Screening to reduce right- side headlight glare will be required. Screening type shall receive approval by the Department of Public Works and Planning Services. Subsequent sections shall be renumbered accordingly. 10.2.1.4 Add last sentence to existing section: The adequacy of access will be evaluated according to the design standards and specifications found in the Colorado State Highway Access Code(2 C.C.R. 601.1 Chapters 3 and 4.) Sight distance triangles shall be provided at all intersections. 10.2.1.6 Add last sentence to existing section: Only one access is permitted per new lot.All driveways shall be off the internal subdivision road system. 10.2.1.7 and 10.2.1.8 shall be deleted and reorganized into a Table.All other ordinances shall make _ reference to this section,therefore,eliminating future errors in consistency. Section 10.2.1.7 shall be the following Table. -8- 10.2.1.7 County Road System. The following table established minimum standards for new or rebuilt County roads. These standards shall be considered minimum unless more stringent standards may be established by the Board of County Commissioners or this Ordinance. AVERAGE NUMBER RIGHT MINIMUM MINIMUM NUMBER OF ROAD DAILY TRAFFIC PAVEMENT OF LANE SHOULDER OF WAY DESIGN CENTERLINE MAXIMUM RESIDENTIAL CLASSIFICATION COUNTS TYPE LANES WIDTH WIDTH WIDTH SPEED RADIUS GRADE DRIVEWAYS PER MILE SECTION LINE ROADS ARTERIAL >1000 Asphalt 2-4 12' 8'paved ' 130-150' 55 mph 1650'**" 4% ** COLLECTOR 500-1000 Asphalt 2-4 12' 6'paved 80-100' 45 mph 1100'"*" 5% 6 LOCAL-MAJOR <500 Asphalt 2 12' ' 4'gravel 60' 30 mph 300'*** 6% unlimited LOCAL-MINOR <200 • Gravel 2 14' none 60' 30 mph ' 300'**" 6% unlimited RURAL SUBDIVISION COLLECTOR >500 Asphalt 3 12' 6'paved 80' 35 mph 300' 5% 6 LOCAL-MAJOR <500 Asphalt 2 12' 4'gravel 60' 30 mph 100' 6% unlimited LOCAL-MINOR <50 Gravel 2 13' none 60' 30 mph 100' 6% unlimited • URBAN SUBDIVISION ARTERIAL >1000 Asphalt 2-6 12' * 100-130' 45 mph 800'*** 4% none COLLECTOR 500-1000 Asphalt 2-4 12' * 80' 35 mph 450'*** 5% 6 LOCAL <500 Asphalt 2 12' ' 60' 25 mph 100' **** 6% unlimited Notes: Weld County generally follows the published policies and standards set forth in the Colorado Division of Highways Roadway Design Manual and the American Association of State Highway and Transportation Official's published policies on Geometric Design of Highways and Streets for new construction. Individual site restrictions may necessitate more stringent standards. Individual sites shall be evaluated by the Department of Public Works. *in Urban Areas,the shoulder is replaced with curb,gutter,sidewalk,bike paths and landscaping areas. "*Residential Driveways to an arterial will be allowed when no other option is available. The developer must provide a turn-around on-site to prevent backing onto the arterial. ***Super-elevation will be required e=.04 maximum ****All Subdivisions withing the MUD Area or Urban Growth areas will use the Urban Subdivision standards above,or the appropriate municipal standards,whichever are more restrictive. -9- • 100'TO 120'ROW B. 2.5' 12' 0' 13' 12' 14'PAOVTED MEDIAN 12' 13. O. 12' 2.5' 2' 0' CONCRETE RICHT'URN LANE BIKE TRAVEL LANE TRAVEL LANE WITH PROVISON FOR 1-10' 'RAVEL LANE TRAVEL LANE BIKE RANT TURN LANE YM DETACHED SIDEWALK (AS NEEDED) LANE LEFT TURN LANE LANE (AS NEEDED) CONCRETE SIDEWALK HBP CLASS a BASE .. .... CURB k GUTTER CURB&CUTTER URBAN 4 LANE MINOR ARTERIAL 110'TO 130'Row f 0' 2B' 14' 0' 13' 12' Z4'RAIgD MEDIAN 17 13' 0' 12' t0' 3' 0' CONCRETE RIGHT TURN LANE BIKE TRAVEL LANE TRAVEL LANE 11111 PROVISION FOR T-10' TRAVEL LANE TRAVEL LANE BIKE R10HT TURN LANE'SIO MM. DETACHED ERALK (AS NEEDED) LANE LEFT TURN LANES LANE (AS NEEDED) CONCRETE !DERALR • 2X 22 HBP CLASS 0 BAS :•n••� CURB k CUTTER CURB&OUT. URBAN 4 LANE MAJOR AR'IBRIAL WTIH RAISED MEDIAN CROON SECTIONS 1J0 TO MO.ROW B' 10' t7' 1Y it' 17' P4'RN> MEOIAN 1Y' 11' 13. 1r 1E' r r CONCRETE RIGHT TURN LAID! WAVE.LAZE TRA.LNE TRAVEL LANE NTH PROVZON FOR 7-10 TRAVEL LANE TRAM.UNE TRAVEL LAIC R011T NI1N LANE MIN. SIDEWALK (AS NEEDS]) LEFT TURN LANES (�NEB) Irmo, CONCRETE WV CUSS E BASE CURB a aTTra CURB!GUTTER URBAN 6 LANG MAJOR ARTERIAL WILE RAISED MEDIAN • 80'TO 100'ROW 8' 2.5' 12' 8' 12' 14'PAINTED MEDIAN 12' 6' 12' 2.5' 2' 8' CONCRETE RIGHT TURN LANE BIKE TRAVEL LANE WITH PROVISION FOR i-10' TRAVEL LANE BIKE RIGHT TURN LANE MIN. DETACHED SIDEWALK (AS NEEDED) LANE LANE (AS NEEDED) LEFT TURN LANE CONCRETE SIDEWALK 2% HBP CLASS 6 BASE CURB&GUTTER URBAN CURB&GUTTER URBAN 2 LANE COLLECTOR 60' ROW 6' 2.5' 12' 12' 12' 2.5' 2' 6' CONCRETE I TRAVEL LANE LEFT TURN LANE TRAVEL LANE MIN. SIDEWALK • HBP CLASS 6 BASE J' CURB &GUTTER CURB &GUTTER URBAN LOCAL EMPLOYMENT/ RIEGIONAL COMMERCIAL NO ON-STREET PARKING NOTE: URBAN TYPICALS APPLY TO ALL DEVELOPMENTS WITHIN THE MIXED USE DEVELOPMENT AREA AND ALL URBAN GROWTH BOUDARY AREAS. 60' ROW 5' 2.5' 8' 12' 12' 8' 2.5' 5' CONCRETE PARKING TRAVEL LANE TRAVEL LANE PARKING SIDEWALK 4 2% 2% , 4 HBP CLASS 6 BASE CURB & GUTTER CURB & GUTTER URBAN LOCAL RESIDENTIAL 80'ROW CLE R ZONE 1'CLEAR ZONE 4' 12' 12' 16' EDIAN 'SH0ULDER* RIGHT TURN LANE TRAVEL LANE (AS NEEDED) TRAVEL LANE RIGHT TURNSH0ULDER. 4' t 2', LANE (AS NEEDED) 2% 2X HBP CLASS 6 BASE 2% INTERSECTION CULVERT RURAL SUBDIVISION COLLECTOR ECTOR *NOTE:IN AREAS WITHOUT RIGHT TURN LANES SHOULDERS SHALL BE 6 FEET WIDE. 60' ROW 1' CLEAR ZONE 1' CLEAR ZONE 13' 13' 4' 2' TRAVEL LANE TRAVEL LANE 2% 2% CLASS 6 BASE 2% INTERSECTION CULVERT RURAL SUB1IIVIISIION LOCAL(MINOR) 60' ROW CLEAR ZONE /1' CLEAR ZONE 4' 12' 12' 4' 4' 2' r r r r r r r SHOULDER TRAVEL LANE TRAVEL LANE SHOULDER 2% 2% HBP CLASS 6 BASE 2% INTERSECTION CULVERT RURAL,SUEDIVIISITON LOCAL(MAJOI ) 130'TO 150'ROW C I1'CLEAR ZONE /1'CLEAR ZONE r 4' 12' 12' 12' 18'MEOIAN 12' 12' 12' 4' /,4' 2' MADEER. RIGHT TURN LANE TRAVEL LANE TRAVEL LANE (AS NEEDED) TRAVEL UNE TRAVEL UNE RIGHT TURN LANE SHOBDER1 (AS NEEDED) (AS NEEDED) (AS NEEDED) 2% 2X •x• W.' t a, *J H. CLASS 8 BASE 2% INTERSECTION CULVERT SECITON LINE ARTERIAL •NOTE:IN AREAS WITHOUT RIGHT TURN LANES SHOULDERS SHALL BE a FEET WADE. • 80'Row 1'CLEAR ZONE ZONE 12' 16' EDIAN 12' 12' 4' (1•CVEAR 4' 2' SHOULDER' RIGHT TURN LANE TRAVEL LANE (AS NEEDED) TRAVEL LANE RIGHT TURN LANE SHOWER. (AS NEEDED) (AS NEEDED) 2% 2% HBP CLASS 6 BASE 2% INTERSECTION CULVERT SECIJI®N LINE couzC1'O]R 'NOTE:IN AREAS WITHOUT RIGHT TURN LANES SHOULDERS SHALL BE 6 FEET MADE. 60' ROW g. 1' CLEAR ZONE 1' CLEAR ZONE 4' 12' 12' 4' ( 4' 2' SHOULDER TRAVEL LANE TRAVEL LANE SHOULDER 2% 2% HBP CLASS 6 BASE 2% INTERSECTION CULVERT SECTION UN E LOCAL MAJOR 60' ROW 1' CLEAR ZONE 1' CLEAR ZONE 14' 14' 4' 2' TRAVEL LANE TRAVEL LANE 2% 2% CLASS 6 BASE 2% INTERSECTION CULVERT SEC11ON LINE LOCAL MINOR ALLOWABLE FOR DEAD END ROADS WITH LESS THAN 20 HOMES ONLY 10.2.1.13 Add last sentence to existing section: Maximum Cul-de-Sac length between intersecting streets shall be fifteen hundred(1,500)feet. This distance shall be measured from centerline to centerline. 10.2.1.16 Sight Distance Triangle—The developer will verify that all intersections have sufficient sight distance by delineating the sight distance triangle on the plans.as illustrated below. ST(LEET (SEE GLASSIF'IGATION� SIGHT ' KIGHT OF WAY TRIANGLE EASEMENT I �-rYPICP.L� I 10.2.2 Add words to last existing sentence: and a sign shall be provided at all intersections designating the street names. 10.2.3 Add the following last sentences: Pavement width requirements will adhere to Table 111-21 for turning roadways (AASHTO"A Policy on Geometric Design of Highways and Streets';1990). The minimum vertical grade for any new roadway is 0.4%. The maximum grade break without a vertical curve is 1.0%. Cross slope shall be 2.0%except at arterial intersections where the cross slope will transition to 1.0%fifty(50)feet back of the right-of-way. 10.2.4 Add words to last existing sentence: .which shall include,but not be limited to the following: 10.2.4.1 A typical cross section of the street to illustrate center line,pavement and right-of-way widths,depth of asphalt and base course,cross slope, sidewalks and drainage improvements. 10.2.8 Parking Lots—New development shall demonstrate compatibility with existing surrounding land use. The developer shall widen the parking isle as needed for turning movements. 10.3 Second Sentence:Sidewalks in Urban Subdivisions shall be a minimum of four(4)five(5)feet in width. 10.3.1 Second Sentence:Improved walks of not less than four(4)five(5)feet in width... 10.4.5 Maximum block length between intersecting streets shall be+T500 fifteen hundred(1,500)feet, unless waived by the Board. This distance shall be measured from centerline to centerliine. 10.5.6 Each new lot shall be provided with an adequate access to an Internal public street. The following sections are new,appropriate renumbering shall occurr: 10.5.7 No direct residential access to a section line roadway shall be allowed. -11- 10.5.8.Frontage Road or parallel roadway alignment for internal streets is undesirable. If this alignment is used,adequate separation must be provided to avoid headlight glare onto the roadway. The developer shall verify that the design vehicle has adequate turning area to be perpendicular to the future right-of-way line.Additional standards for Frontage Road or parallel roadway alignment are found in Section 10.2.1 of this Ordinance. 10.5.10 Add last sentence to existing section: This access road shall be graded,twenty(20)feet wide and drained to provide adequate emergency access to the property. For access and culvert information,see Ordinance 180. 10.11.3.5.1 Add last sentence to existing section: The design will conform with the South Weld 1-25 Corridor Master Drainage Plan if the site is within the identified basins. 10.13.1 Add last sentence to existing section: The design will conform with the South Weld/-25 Corridor Master Drainage Plan if the site is within the identified basins. 11.3.14.4 The location of all existing and proposed driveways and accesses associated with either lot. 11.3.14.4.1 The applicant shall complete a Weld County Access Information Sheet for each access point and each lot of a Recorded Exemption. 11.3.14.4.2 Direct access from a public road shall be limited to one per legal parcel,except where further limited or restricted by zoning or subdivision regulation. 11.3.14.4.3 Where the access is adjacent to a state highway,the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining new access from the Colorado Department of Transportation. 11.3.13.8 Add last sentences to existing section: New residential driveways to an arterial will be provided only when no other option is available The property owner must provide a turn-around on-site to prevent backing onto the road. 11.5.1.7 An approved access that will provide for safe access to and from the parcels. 11.8.6 The decision to approve a recorded exemption may be conditioned to mitigate impacts or address concerns of referral agencies. Existing or future rights-of-way and additional access points on Weld County Roads shall be dedicated or reserved in conformance... 11.15.7.5 An approved access that will provide for safe access to and from the parcels. 5) Addition to Page 4-2 Road Construction Standards Under severe physical constraints and very low traffic volumes,the Department of Public Works or Board of County Commissioners may allow nine(9)foot lanes and four(4)foot shoulders on Local Roads. Pavement width requirements for turning roadway shall be in accordance with Table 111-21,American Association of State Highway Transportation Officials. Maximum Grade Change on all roadways without a vertical curve is one(1)percent. This percentage shall include the approaches to valley gutters. -12- Substantial Change Component 3: Additions to application procedures for consistency with current policy(Subdivision Ordinance Section 6.2.2.1 or procedural guides)and renumber accordingly. 4.2.11,7.2.3.22,11.3.13,11.15.6.5 A Certificate from the County Treasurer showing no delinquent taxes for the area referred to in applicant materials. 7.2.3.20 If applicable,an erosion control plan. 7.2.3.21 Subdivision road plans prepared by a professional engineer licensed to work in the State of Colorado. The road plans shall be dated and bear the signature and seal of the engineer. The road plans shall include the following minimum data: 7.2.3.21.1 Plans and profiles of all roads to be improved. 7.2.3.21.2 A typical cross section of applicable roads,culverts,and bridges. 7.2.3.21.3 Typical road section,including pavement design supported by soil reports.test results,and computations. 7.2.3.21.4 Typical or specific details of road intersections and cul-de-sacs. 7.2.3.21.5 A complete estimate of costs. 7.2.3.21.6 Any additional information required by the Weld County Department of Public Works. 7.2.3.22 A title commitment or a title opinion covering all public dedications. 7.2.3.23 A warranty deed,if required,deeding to the appropriate entity any lands to be used for the benefit of the public or owners and future owners of the Subdivision. RE Process: 11.3.10 A statement explaining the current irrigation practices occurring on the site. 11.3.13.9. Building envelope(s)shall be designated. if the applicant intends to designate a building envelope as a means of establishing compliance with the provisions of this Ordinance, including but not limited to Sections 1.3.1 and 1.3.10. 11.5.1.6 An approved access that will provide for safe access to and from the parcels. 11.7.1.7 The plat nced not show the bearings,lengths,and curve data for any lot in exccss of 35 .Any lot to be created through a recorded exemption procedure shall show the bearings,lengths,and curve data of the lot lines. If both lots to be created through a recorded exemption procedure are less than 35 acres,then the bearings,lengths,and curve data shall be shown around the perimeter of both lots.A boundary survey shall be required around the perimeter of both lots.A boundary survey shall be required for any irregular shaped lot which does not have a natural boundary and cannot be accurately described without standards for land surveys and plats in Title 38,Article 51,Colorado Revised Statutes. -13- 11.8.2 Adequate provision has been made to protect irrigation practices,the flow of irrigation water,and access to the irrigation system. 11.8.6 The decision to approve a recorded exemption shall be conditioned to mitigate impacts of additional accesses to Weld County Roads. 11.8.7 The placement of building envelope(s)and alternative location for a building envelope shall be evaluated with respect to the impact on the current and future agricultural production of the parcels. 11.10.1 Technical errors include,but are not limited to,relocation of building envelopes if such relocation is consistent with the original intent of the approved RE.correcting scrivener errors on the plat and correcting survey errors. 11.15.7.5 A description detailing how adequate provision will be made to protect irrigation practices,the flow of irrigation water,and access to the irrigation system. 11.15.7.6 An approved access that will provide for safe access to and from the parcels. Substantial Change Component 4:Clarification for information required on ReSubdivision plats,Section 8.The addition of Section 8.3 will clarify this issue.Subsequent sections shall be renumbered accordingly. 8.3 Resubdivision Plat. The plat shall contain two seperate illustrations detailing the property. The first illustration shall be titled,"Property Prior Resubdivision"and shall illustrate the property configuration prior to the Resubdivision. The second illustration shall be titled,"Property After Resubdivision"and shall illustrate the property configuration after the Resubdivision. 8.3.1 In addition to the Resubdivision Plat,the applicant shall submit a copy of the title prior to, and after the Resubdivision. Substantial Change Component 5:Amendments regarding Vested Property Rights to Sections 4.5.4 and 6.2.3.2 at the Request of the Weld County Attorneys. Sections 4.5.4 and 6.2.3.2 An addition after the first and only sentence: Major changes from a reviewed Sketch Plan may require a 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 Minor Subdivision and the"application,"for purposes of compliance with 24-68-102.5,et.seq.,C.R.S.,shall be the application for the amended Sketch Plan. -14- REFERRAL LIST NAME:Weld County CASE NUMBER:Ordinance 173-F REFERRALS SENT:September 8,2000 REFERRALS TO BE RECEIVED BY:October 6,2000 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 _X_Monica Daniels-Mika Evans Airport Authority Firestone _X_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 COMMISSION/BOARD MEMBER Weld County Referral September 8,2000 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Weld County Case Number Ordinance 173-F Please Reply By October 6,2000 Planner Anne Best Johnson Project 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. 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 O 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 Agency :•Weld County Planning Dept.❖1555 N.17th Ave.Greeley,CO.80631❖1970)353-6100 ext.3540 ❖1970)304-6498 fax iglip DEPARTMENT OF PLANNING SERVICES PHONE(970)353-6100,EXT.3540 O FAX(970)304-6498 1555 N.17TH AVENUE COLORADO GREELEY,COLORADO 80631 September 8,2000 Subject: Ordinance 173-F- 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. Dear 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, 6/Y)%e Anne Best Johnson Long Range Planner ll ' ps*: Weld County Referral September 8,2000 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Weld County Case Number Ordinance 173-F Please Reply By October 6,2000 Planner Anne Best Johnson Project 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. 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 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan p We have reviewed the request and find no conflicts with our interests. 'O See attached letter. Comments: Signature r�;ytrho Agency Date -� ' C; 6)P j W!d Countu P ❖Weld County Planning Dept.+1555 N.17th Ave.Greeley,CO.80631+1970)353-6100 ext.3540 +1070)304-6498 fax Planning Dept. ()CT 0:3 2000 RECEIVED Weld County Referral September 8,2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Weld County Case Number Ordinance 173-F Please Reply By October 6,2000 Planner Anne Best Johnson Project 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. 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 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Ano to)01)6 7 v-./.-C /G-.9 /i /,vde,z.--J — *44-, Signature at-a Date /9-0q L)(1 Agency ❖Weld County Planning Dept.•'x1555 N. Ave. reeley,CO.80631❖1970)353-6100 ext.3540 ❖(970)304-6498 fax Weld County Referral W I I October 27,2000 Q • COLORADO The Weld County Department of Planning Services has received the following item for review: _ Applicant Weld County Case Number Ordinance 173-G Please Reply By November 17,2000 Planner Anne Best Johnson Project 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. • 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 O 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 /1 r;Cr; Agency ( _ ((9 !rt �G.fir ir; `irc +Weld County Planning Dept.❖1555 N.17th Ave.Greeley,CO.8063.f•:•1970)353-6100 ext.3540 +1970)304-6498 fax EXHIBIT ' t 1 NOTICE STATE OF COLORADO) HEARINGBLIC s.s. COUNTY OF WELD ) eCounty Planning C The W mmissionw hold a public hearing on. Ruth Pelton-Roby,as manager of Pelton Tuesday:,November 7, Publishing Company LLC, being duly 2000,at 1:30 p.m.for the P Y 9 Y purpose of considering an sworn,states that it is publisher of the ordinance change for the South Weld Sun,a weekly newspaper document described below. published in Keenesbur in said Count Approval of the request p g Y may create a vested and State;that said newspaper has a property 7ght pursuant to eneral circulation in said Count g Y and has Colorado Law,CASE NUMBER: been continuously and uninterruptedly Ordinance 173-F published therein,during a period of at APPLICANT Weld County PLANNEleast fifty-two consecutive weeks prior to Johnson R' A"ne Best the first publication of the annexed notice; TYPE AND INTENSITY OF that said newspaper is a newspaper PROPOSED USE. within the meaning of the act of the Amendments to the Subdivision Ordinance. General Assembly of the State of Substantial Changes shall Colorado,entitled An Act to regulate the include additions to the eg Definition Section: printing of legal notices and Amendments at the request advertisements," and amendments of the Department of Public thereto; that the notice of which the works,Amendments to Section 4,T.and 11 for annexed is a printed copy taken from said consistency with other newspaper, was published in said Weld County Planning newspaper,and in the and entire Ordinances and current r e re policy; Section 8 issue of every number thereof,once a amendments for week for j___successive weeks;that said clarification on what notice was so published in said information'is required for the Resubdivision process. newspaper proper and no in any and Sections 4 and 6 on supplement thereof, and that the first vested Property Rights. Other amendments include publication of said notic s of said, document-wide was on the day of .e-/J'a....,) renumbering, spelling 2000 and the last on e-day of corrections;type face and alignment;and consistency ,2000. between:-all Weld County Planning Ordinances and PELTON PUBLISHING COMPANY LLC .:Current policy. The publtohearing will be held in Room 210.Weld � r County Planning • Department 1555 N 17th : t !h Avenue Colorado. Cobjections re this above request should be submitted in writing to the day>rjf j �r—�,/� Weld County Department 0 of Planning Services.1555 N.17th Avenue,Greeley Colorado 80631,before vi the above date or IJOt ry IC presented at the public ay hearing on.November 7. my cum /�ion expires: '+` f 2000. Copies of the application are available for public inspect o'n in the Department'of Planning Services;1555 N.17th Avenue,Greeley Colorado 80831:Please call Trisha Swanson at(970)353- 6100:Ext.3540.or Fax 4 (9701304.6498.prior to the day of the hearing so that r ea s-o s a b l e accommodations can be .. I c y r-I w n I s i I g OOP, model,in accordance with the Americans with Disabilities Act,you require • speciatacwmmodalions in ``•4 _,1 +f)(l0 order_ta.particlpate in this hearing as a result of a disability. Cris.Nickles.Chair (i.'''' /": 11," `'-, Weld County Planning "i Commission To oe published in the 1.•--. South Weld Sun - To be published one(1) time by October 19.2000 . t Substantial Change Component 7: Amendments to Section 10.18 to reflect current practice. Delete Sections 10.18.1.4.1 and 10.18.1.4.2 and renumber subsequent sections accordingly. 10.18.1 Within a Subdivision, the Board of County Commissioners may require the dedication, development,reservation of individual parcels,or the placement or purchase of a conservation easement upon lands for parks,greenbelts,or other necessary PUBLIC PURPOSEs.The type of use,lot size,and residential density shall be considered when determining parcels necessary for PUBLIC PURPOSEs. PUBLIC PURPOSEs may include COMMON OPEN SPACE,parks, wildlife preserves,riparian areas,trails,or other lands to be preserved. 10.18.1.2 The rcquirecf land set aside for a PUBLIC PURPOSE Section 10.16 of this Ordinance may be reserved through deed restrictions cu open area,the maintenance of which shall be ensured by specific obligations in the deed of each lot within the subdivision. 10.18.1.4 The amount of land that may be required for public dedication,reservation,or as a measure of money to be paid in lieu of such dedication or reservation,shall be determined ism by the standards outlined in the PUD and MUD Ordinances. Addition to Definition Section: 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. -16- STATE OF COLORADO) NOTICE PUBLIC HEARING s.s. COUNTY OF WELD ) The Weld County Planning Commission will hold a public hearing on Ruth Pelton-Roby,as manager of Pelton Tuesday, November 7, Publishing Company LLC, being dui pump,at 1:30 pm.for the P Y 9 Y purpose of considering an sworn,states that it is publisher of the ordinance change for the South Weld Sun,a weekly newspaper document described below. ppublished in Keenesbur in said Count Approver of the request g Y may create a vested and State;that said newspaper has a property right pursuant to general circulation in said County Y and has Colorado Law.CASE NUMBER: been continuously and uninterruptedly ordinance 173-F published therein,during a period of at APPLICANT:Weld County PLANNEleast fifty-two consecutive weeks prior to Johnson Anne Best the first publication of the annexed notice; TYPE AND INTENSITY OF that said newspaper is a newspaper PROPOSED U S E within the meaning of the act of the Amendments to the Subdivision Ordinance. General Assembly of the State of Substantial Changes shall r Colorado,entitled An Act to regulate the include additions to the Definition Section; printing of legal notices and Amendments at the request advertisements," and amendments of the Department of Public thereto; that the notice of which the Works;Amendments to Section 4,7,and 11 for annexed is a printed copy taken from said consistency with other newspaper, was published in said Weld County Planning newspaper,and in the regular and entire Ordinances and current policy; Section 8 issue of every number thereof,once a amendments for week for j successive weeks;that said clarification on what notice was so published in said information is required for the Resubdivision process. newspaper proper and no in any and Sections 4 and son supplement thereof, and that the first Vested Property Rights Other amendments include publication of said notic s of said, document-wide was on the_A day of renumbering. spelling 2000 and the last on e day of corrections,type face.and alignment,andconsislency -,2000. between all Weld County Planning Ordinances and PELTON PUBLISHING COMPANY LLC current.policy The pub)lc hearing will ba '1 held In R6om 210-Weld County Planning .. Department 1555 N 17th sn '`-- Avenue. Greeley, By: Ruth a ton- o y, anager— Colorado comments or objections relaletl to the Subscribed andsworn t before me this above request should be submittedin writing to the �{ay.Of t Weld County Department 0 �—r,. of Planning:Services.1555 N.17th Avenue,Greeley. 7 , (J/// Colorado 80e31,before the above date or nlot ry Ic -presented at the public hearing on November7, my corn Sion oxt:ires:O"- IL. V 2000: Copies of the application are available for public inspection in the Department of Planning Services,1555 N.17th Avenue.Greeley,Colorado 80631.Please call Trisha Swanson at(970)353- 6100.Ext.3540,or Fax# (970)304-6498,prior to the day of the hearing so that reasonable accommodations can be ::.2,u;•;",y;y r i n r,i i I gCo p made if,in accordance with the Americans with Disabilities Act,you require •special accommodations in ,.()t)0 order to participate m this -' hearing as a result of a disability Cris.Nickles.Chair Ci fr" ', 0I Weld County Planning f Commission ` To be published in the Itatiattrr''''' South Weld Sun To bepublished one time by October 19.2000 ':' It ' sketch plan NOTICE Tha public meeting The Weld-County before the Plamli Commissk e Plannhrg Commission of Web Counry concemkg saki amendments will take '7 L OF COLORADO R) D will conduct a public meeting on•place on December 21,1939,at 1:30 STATE Vii Ol ORALO ) December 21,1999,to consider the p.m.in.Room 220.Welt County following: PtannM9.411 nent,1555 N.17th 1 Avenue,Greeley,Colorado.. All An amendment tc persons in any manner infares(ed n S.S. Sections.7.5.1;6.4.2.6.8;and 44.3,said amendments are reaues[ed to Weld County Ordinance 9147,the attend said public meeti'east may COUNTY OF WELD ) Weld County Planned Unit...aid. I,Dr poem Ordinance,to read as olkrws: ORDINANCE NOS. 7.5.1 In the event that h is ORDINANCES N147 AND 273-E Ruth Melton-Roby, as manager of Pelton Publishing detertnFied that me Final Plan Company LLC being duly sown states that it is publisher arevi°usl Sketch'Plansa�t with the ORDINANCES TITLES: IN THE � T , Change of MATTEfi.OF AMENDMENTS TO Zone submatals,ar d a Conceptual THE WELD COUNTY PLANNED of the South Weld Sun,a weekly newspaper published in fDeve enk Guide was st�mitted UNIT DEVELOPMENT ORDINANCE p Change of Zone application,(9147) AND yYELD COUNTY Keenesburg in said County and State;that said newspaper er fi the applicant has requastied the SUBDIVISION ORDINANCE(9147-E) creatibn of a sde 'rat - ... has a general circulation in said County and has been devebpmenP,.pumuant to the THE WELD COUNTY PLANNING' Colorado Vested Rights Aa and§90 COMMISSION- continuously and uninterruptedly published therein,during of Wald aunty Zang Orctnarrce,the Board of Coumy DATED: December j,.1994 ! a period of at least fifty-two consecutive weeks prior to the Commissioners shall hold a publk pUBLISHED:December 9,1999,ke first publication of the annexed notice;that said newspaper r hearing t°=tart::Fk,ai Plaa the south Weld s�, . applicatron era to take real action is a newspaper within the meaning of the act of the General therece.Tt�Board's decision shall consider the recommendation of the Assembly of the State of Colorado,entitled"An Act toerefenela0geny85erespozses regulate the printing of legal notices and advertisements," d7s3.l-thmngh75.38 thm of and amendments thereto; that the notice of which the °nt^— . annexed is a printed copy taken from said newspaper,was 6.4.2.61 Cansistemcyextsts between ..itre Proposed Zane District'(s): published in said newspaper,and in the regular and a tire ,sEs• rc, the _ at Conceptual Developmant Guitle and issue of every number thereof, once a week for concerns identified in sketch--plan comments provided pursuant§4.4 of successive weeks;that said notice was so published in said this Ortlinarnae have been adequately addressed. newspaper proper and not in any supplement thereof,and 4.4.3 Major Ctrarrgas to a Sketch that the first publication of• -d notice as aforesaid,was on Plan:Major changes Prom a reviewed Sketch Plan maY require a the 9_ day of _71999 and the last on resubmittal of a new Sketch Ran for the site. The Department of day of _-_ 1999 I :=4=.=1,1: PELT N PUltLISHING COMPANY LLC I year year has:pose[when more thane elapsed since the sketch /L�r�n plan canmenis,a resuhmitW of a II Y: Ij(}I/T new sketch'Za for the site shall ba it[ \'?<-C.llV/VNV ��•11` required prior to submdtal appication for a PUD acne.7:4: Ruth Pelton Roby,Manager anal."application",for purposes of compliance with 24-68-102.5,shall be Su bscri 'd and sworn to before me this day of c applicpation far the amended sketh lan.. 1999 An amendment to 7'J/J • Sections 4.5.4 and 6.2.3.2 of Wekl _ /j, • -_--^ - County Ordinance 9173-E,the We. `/./-/�S' County Subdivision Ordinance,to read as follows: N O t� libl l: (Mirror subdivision) 4.5.4 A summary of any concerns is\U I 4.5.4 ieA tlu m the minor erconceion sketch plan application process with ;�� an explanation of how the cmcems bilooTA ��•• •" .will be addressed or resolved.Major •S',...1% 'P n7,4're 1a:afeesubmittalkofa-• ?,new Sketch Plan for the site The .J�i. 'Department of Planning Services is responsthle for determining whether a mi �,o '!!lRRR''' ;major change exists except that it 4 • .>�D rr 9` .. } IT more than a year has elapsed 6d i. d' :since the sketch plan comments,a resubmittal of a new Sketch Plan for `k, i''• �•� the sde shall he required error t° s ^ `•••9a� � submdtal of an application for a �PJ 'av mmor:�.subdiVlsiop:„aydNck athe„�� h9 "apPlrauon", for purposes of �itQ♦ti.10, -;:g Nance with,';.4 102.;,sf!atl b: the application for;'th2•amend:' • p y ry ��a�p.��a{�� sketch p4nn - MMyCommission s 12.16-2000 (Major Subdivison) y vN.' 6.2.3.2 A summary of any cmcems identified during the sketch plan application process with an explanaton of how the concerns will be addressed or resolved. Major changes from a reviewed Sketch Plan may require a resubmtnal of a new Sketch Plan for the site.Tha Department of Planning Services lo [e r�.1 P ( responsible for determining whether a •4"6s 2 C9 County d-f c.a (1 S r., ;,.,i d., 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 ,a5 Q the site shall be required poor to �''Y.,t! 1 4 199 submittal of an appli i,for a ( J minor subdivision -and the WO..., for purposes of compliance with 24-68-102.5,shall be ep the application for the amended ,, ,L, TO: Bruce Barker and Monica Mika FROM: Lee D.Morrison,Assistant Weld County Attorney Ill I DATE: December 2,1999 O RE: Vested Rights Statute Ordinance Changes COLORADO HB 99-1280 has imposed new vested rights requirements on local governments. Since Weld County has been granting vested rights as a matter of course since the initial version of the Vested Rights Act was passed in 1987,no substantial changes in the County Ordinances are needed to comply with HB 99-1280. However,some fine tuning is needed primarily to deal with the provision locking in County regulations during the duration of a multi-step application process. This was done by clarifying when a sketch plan would be considered to have expired. Additionally,it was clarified that one reason for seeking a hearing in the PUD process for a final plan is to obtain vested rights which may only be granted following a public hearing. PUD ORDINANCE The PUD ordinance does not contain any information on vested rights as that language remains in in§90 of the WCZO. However,those final PUD's done by staff approval are not eligible to obtain vested rights since a hearing is required. Therefore someone wanting the vested rights protection would have to use the hearing process for final plan. To accomplish this I propose to Amend PUD ordinance 197 to read: 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. Arguably,HB 1280 would lock the rules applicable to a development from the time of a sketch plan through final plan(crs§24-68-102.5 and 102(1) The PUD process has timelines which would prevent stretching the approval process out indefinitely after the sketch plan(see 8.7 through 8.9). Assuming an argument that the sketch plan is the start of a multi-step application process,I would recommend establishing a shelf life of an approved sketch plan. (I would defer to planning as to length of time but I suggest no more than 1 year.) With this restriction,the process could still arguably lock the rules for approximately 4 years. .I would suggest amending§6.4.2.6.8 and 6.4.3.1.8 and 6.4.4.6.8 so that they read(I believe the comma after district(s)is a typo and should have been an apostrophe): 6.4.2.6.8Consistency exists between the proposed Zone District'(s)—USES,and the Specific or Conceptual Development Guide and concerns identified in sketch plan comments provided pursuant§4.4 of this Ordinance have been adequately addressed. 4.4.3 Major Changes to a Sketch Plan:Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site. The 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.. Subdivision Ordinance The subdivision Ordinance does refer to the sketch plan in the application requirements as the first step prior to rezoning. I propose clarifying that a new sketch plan be required after rezoning if there have been major changes since the initial sketch plan or when a period of time has elapsed(I suggest 1 year although that is short since the applicant would also have to obtain a change of zone) (Minor subdivision) 4.5.4 A summary of any concerns identified during the minor subdivision sketch plan application process with an explanation of how the concerns will be addressed or resolved. Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site. The 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 minor subdivision and the"application",for purposes of compliance with 24-68-102.5, shall be the application for the amended sketch plan (Major Subdivision) 6.2.3.2 A summary of any concerns identified during the sketch plan application process with an explanation of how the concerns will be addressed or resolved.Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site.The 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 minor subdivision and the"application",for purposes of compliance with 24-68-102.5,shall be the application for the amended sketch plan I left unaddressed the issue of whether the County should try to claim that each step in these procedures would be a separate application(ie sketch,PUD zone,final PUD). I have chosen not to do because I think the legislature was thinking of this process as"multi-step"and that the sketch plan would be the first step. Instead I chose to bolster the timing and site plan requirements. I also did not add a provision making the vesting process available only if requested by the applicant. To do so,I would add language to Subdivision Ordinance,§17.3 and Zoning Ordinance§90.4 to the effect:"No SITE SPECIFIC DEVELOPMENT PLAN shall be considered unless the applicant has specifically requested such designation in writing". Currently the designation occurs simultaneously with a USR,final PUD or final subdivision without any additional paperwork. Many applicants would not have known to seek such designation. The choice will need to be made between avoiding possible liability under another Villa scenario and the greater convenience of continuing to incorporate into the process automatically. Lee D.Morrison Assistant Weld County Attorney NOTICE The Weld County Planning Commission of Weld County will conduct a public meeting on December 21,1999,to consider the following: An amendment to Sections 7.5.1;6.4.2.6.8;and 4.4.3,Weld County Ordinance#197,the Weld County Planned Unit Development Ordinance,to read as follows: 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. 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§4.4 of this Ordinance have been adequately addressed. 4.4.3 Major Changes to a Sketch Plan:Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site. The 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.. An amendment to Sections 4.5.4 and 6.2.3.2 of Weld County Ordinance#173-E,the Weld County Subdivision Ordinance,to read as follows: (Minor subdivision) 4.5.4 A summary of any concerns identified during the minor subdivision sketch plan application process with an explanation of how the concerns will be addressed or resolved. Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site. The 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 minor subdivision and the"application",for purposes of compliance with 24-68-102.5,shall be the application for the amended sketch plan (Major Subdivision) 6.2.3.2 A summary of any concerns identified during the sketch plan application process with an explanation of how the concerns will be addressed or resolved. Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site. The 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 minor subdivision and the"application",for purposes of compliance with 24- 68-102.5,shall be the application for the amended sketch plan The public meeting before the Planning Commission concerning said amendments will take place on December 21,1999,at 1:30 p.m.in Room 210,Weld County Planning Department,1555 N.17th Avenue, Greeley,Colorado. All persons in any manner interested in said amendments are requested to attend said public meeting and may be heard. ORDINANCE NOS. ORDINANCES#197 AND 173-E ORDINANCES TITLES: IN THE MATTER OF AMENDMENTS TO THE WELD COUNTY PLANNED UNIT DEVELOPMENT ORDINANCE(#197)AND WELD COUNTY SUBDIVISION ORDINANCE(#147-E) THE WELD COUNTY PLANNING COMMISSION DATED: December 7,1999 PUBLISHED: December 9,1999,in the South Weld Sun Hello