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Home My WebLink About870055.tiff AR2OMMQa3 RESOLUTION RE: ADOPT AMENDMENTS TO SECTION 11-2 OF THE WELD COUNTY SUBDIVISION REGULATIONS �n O o WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home ~ coo Rule Charter, is vested with the authority of administering the A affairs of Weld County, Colorado, and ow o a WHEREAS, the Board of County Commissioners held a public vH4 hearing on the 21st day of January, 1987 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of considering u amendments to Section 11-2 of the Weld County Subdivision a Regulations, and .• w WHEREAS, the proposed amendments to Section 11-2 of the N Subdivision Regulations , as approved by the Weld County Planning o o Commission on December 16 , 1986 , were considered by the Board of r- Z County Commissioners , and N \W el El o WHEREAS, the Board, after said consideration , deems it N advisable to approve the proposed amendments to Section 11-2 of co o w the Weld County Subdivision Regulations as described in the o w attached Exhibit "A" , incorporated herein and made a part hereof w Z by reference, and oZ N4 C.) a WHEREAS, said amendments to Section 11-2 of the Weld County a Subdivision Regulations shall become effective January 21 , 1987. cm '1:1"1:11 o NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the amendments to CQ Section 11-2 of the Weld County Subdivision Regulations , attached hereto, be, and hereby are, adopted. BE IT FURTHER RESOLVED by the Board that said amendments to Section 11-2 of the Weld County Subdivision Regulations shall be effective January 21 , 1987. 7'. 870055 PCOO2g Page 2 RE: AMEND SUBDIVISION REGULATIONS The above and foregoing Resolution was, on motion duly made o o U and seconded, adopted by the following vote on the 21st day of January, A.D. , 1987 . NO [a n �� '7�� BOARD OF COUNTY COMMISSIONERS ▪ ATTEST awv� . ��w�^+"'a+'� WELD CO OLORADO 03 • Weld County Clerk and Recorder o a and Clerk to the Board Go c , rman x • o�• BL: C.W. Kirby, Proem V' C4 eputy County erk no EXCUSED DATE OF SIGNING - AYE APP VED AS TO FORM: Gene R. Brantner C4 r ,.a ._. � .�//C�� EXCUSED Jacqueline John son N H Attorney C. k "i�` w County r H Fran aguel i oU) W cn m r4 o W CO Z oZ az N 4 a UU; W rn V' rI W W 870055 11-2 Off Site Improvements A. The subdivider, applicant, or owner shall install off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in N o U structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. <n O (1) The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the O 3 final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of o a the off-site improvements. yr W a p (2) The off-site improvements agreement shall contain the following: a .. ,A (a) The legal description of the property to be served. w r-- co U (b) The name of the owner(s) of the property to be z served. N H \ r' E" (c) A description of the off-site improvements to o a be completed by the subdivider, applicant, or M owner. co W ✓ w (d) The total cost of the off-site improvements. oz oz N (e) The total vehicular trips to be generated at >+ build-out by the subdivision, or U CZ w resubdivision, as specified by the ITE Trip a Generation Manual, or by special study o approved by the Board of County Commissioners. cN rlN r+ O (f) A time period for completion of the off-site w w improvements. (g) The terms of reimbursement. (h) The current address of the person to be reimbursed during the term of the agreement. (i) Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. (3) If the subdivider, applicant, or owner fails to comply with the improvements agreement, he or she forfeits its opportunity to obtain reimbursement under this section. (4) When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion ,n o of the original construction cost. In no event shall the o o original subdivider, applicant, or owner collect an 0 amount which exceeds the total costs of improvements o o less the pro rata share of the total trip impacts o generated by the original development. Evidence that a the original subdivider, applicant, or owner has been 0 4.1 3 reimbursed by the subsequent subdivider, applicant or o a owner shall be submitted to the Department of Planning co-rd Services prior to recording the final subdivision or resubdivision plat. O a (5) The amount of road improvement cost to be paid by the a:risubsequent subdivider, applicant, or owner of a - o subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts m a associated with the number and type of dwelling units and square footage and type of nonresidential N H developments intended to use the road improvement. The amount of road improvement cost shall also consider oEA to inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by oo o w cash contribution to the prior subdivider, applicant or w 2 owner or by further road improvements which benefit the N Z prior subdivider, applicant, or owner's property. This o decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further a2 off-site road improvements. (6) The report entitled TRIP GENERATION (Third Edition, N 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata g k'' share of the road improvement construction costs for all subdivisions or resubdivisions. A special transporta- tion study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will generate shall be decided by the County Engineer. (7) The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. B. This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way O is Weld County to be considered a guarantor of the monies to be o U reimbursed by the subsequent subdividers, applicants, or owners. Lc) O oW 03 og e)- 0 x x • a COU • H E 0 C M 14 • W 0 O (y 4.0 • Z oz N Ua aX sP N 4O• 111 H N CO W HEARING CERTIFICATION DOCKET NO. 86-83 RE: AMENDMENTS TO SECTION 11-2 OF THE WELD COUNTY SUBDIVISION REGULATIONS A public hearing was conducted on January 21, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson - Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated December 31 , 1986, and duly published January 8, 1987, in the Johnstown Breeze, a public hearing was conducted to consider amendments to Section 11-2 of the Weld County Subdivision Regulations concerning the installation of off-site road improvements for developments in unincorporated areas of the County. Chairman Lacy explained that, with only four Commissioners present, if this hearing should result in a tie vote, the absent Commissioner would review the record and listen to the tape of this hearing before casting the deciding vote. Bruce Barker, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. No public comment was received concerning the proposed amendments to the Subdivision Regulations. Commissioner Brantner moved to approve the recommended changes to the Weld County Subdivision Regulations. The motion, seconded by Commissioner Yamaguchi, carried unanimously. This Certification was approved on the 26th day of January, 1987. "Thal n `j �- APPROVED: • ATTEST: �' t&1J. W we I BOARD WELD COF COUNTY COMMISSIONERS Weld County Clerk and Recorder and Clerk to the Boar Go on Lacy, man �� eputy County Cl k C.W. Kirby, Pro- em EXCUSED DATE OF APPROVAL Gene R. Brantner EXCUSED Jacque Joh son Frank Yamaguchi li TAPE #87-11 DOCKET #86-83 PL0098 LL, >,. , C/ ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: JANUARY 21, 1987 DOCKET #86-83 - AMENDMENTS TO SECTION 11-2 OF SUBDIVISION REGULATIONS DOCKET #86-80 - FINAL PLAN - PFERD HIMMEL PUD DOCKET #87-2 - USR-DOG KENNEL (65 DOGS) HENRY J. & SUSAN J.K. BEECHER (T.J. KENNELS) DOCKET #87-.1 - USR-CHURCH & SCHOOL, NEW CREATION MINISTRIES AND WORLD OUTREACH CHURCH PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING r tie!.rzq" /o..1>o .r 7-2;4ic /iex?J >/ ,, 713T-eft_ _____)) Li di t, iLl / 4t-, ,„ ,_, ,,,,- , (.,/ A -Qv' Ric-7 Clic j &,y, -t- l� l �3z.; I,1/4i ¶SW kUo { n FT E.ia D (4 i t't t1 l L- Ai loll /1 m .4-r� '6-- 90 I� 71/4__A-4G,"7Sv L---i ew-S-wiw 0sivJClti-- C�U4'_Wf c., _I, 121,,,2QL, ?7 45 V (4,rtro0 r-i l f ✓j,cic., l/ w cc 7 —/ c tie,.4)4-47 Wg„.C 7)4 " '/rif'1'n ) ''7 VS 7Y'i' "--7.”7/r/ (3 r/ w-,r/ ,97- / (//sue', �rc/ �� C..L— %o✓D /dr�usTa/4 c„rc:t s,&iW't/ EC ,-,.�� _7 e av () w c Pz ? �,1:,ctio z) C. PF kf22& ii',n yh e_ A,e, =( �„4 c Y 2 0230 2) IA) C-- rig 7 t Fete/J� ,/D1 // .. T, lI ,tee:. /3. cXho,, 11 lo, - ,� e ` , �Yns0/ #-,e7-/ 870055 NOTICE Docket No. 86-83 The Board of County Commissioners will conduct a public hearing at 2: 00 P.M. on Wednesday, January 21 , 1987, in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for the purpose of considering amendments to Section 11-2 of the Weld County Subdivision Regulations concerning the installation of off-site road improvements for developments in the unincorporated areas of the County. All persons in any manner interested are requested to attend the hearing and may be heard. Copies of the proposed amendments are available for public inspection in the office of the Clerk to the Board of County Commissioners , Third Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, Monday through Friday, 8 : 00 A.M. to 5: 00 P.M. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 31 , 1986 PUBLISHED: January 8 , 1987 , in the Johnstown Breeze AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) i SS COUNTY OF WELD I I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; ' that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said NOTICE County of Weld for a period of more than Docket No.88-83 fifty-two consecutive weeks prior to the The Board orcountrcommIsslon- first publication of the annexed legal notice ers will conduct a public hearing at or advertisement; that said newspaper has 21, nt inthe County,January been admitted to the United States mails as 21, 1987, n We County.January sioners Hearing Room,_,ilia Foor, Weld County Centennial tenter, second-class matter under the provisions of 915 Tenth-.Street,Greeley,Cola the Act of March 3, 11179, or any rado,for the purpose of consider- ing amendmentstoSectidnl1-2of amendments thereof, and that said the Weld County Subdivision Reg- ulations concerning the Installs- newspaper is a weekly newspaper duly lion of off-site road Improvements qualified for publishing legal notices and for developments in the unincor- porated areas of the Cotmty. advertisements within the meaning of the All persons in any manner Inter- laws of the State of Colorado. ested requested t t.attend the That the annexed legal notice or advertise- ment was published in the regular and Copies of the proposed amend entire issue of every number of said weekly mants are available for public in- spectlanIn the oHlceofth0tlerltto newspaper for the period of ..t.. consecu- the Board Of County Commisslon- ere,Tmrd.Floor,WeldCountyCan five insertions; and that the first tenniai Center,915 Tenth Street, Colorado, Monde Greeley publication of said notice WAS n the issue of through Friday,8:00 A.M.to 5:00 said newspaper dated /.-.r.., A.D. isf!, P.M. and that the last publication of said notice BOARD COMMISSIONERS COUNTY was in the issue of said newspaper dated WELD COUNTY, , A.D. 19 COLORADO In witness whereof I have hereunto set BY:FEUERSTEIN my hand this ....20 day of ..CT.n COUNTY CLERK AND A.D. 19.(7 RECORDER ND BOARD BY:Mary 1,MI Deputy `, DATED:December 31,i, 19 Publisher the BJoh Johnstown BreeseJanuary, 1967,in Subscribed and sworn to before me, a Notary Public in and for the County of Fate of Colorado, this 4.. day of 0G A.D. lke7.. .({-1 64.7,647! a-se- Notary Public. My comnkis§ien p,XpriCL-,i.o.,.,.:,,,.-.;,#,•i> i9.• :- II") i; 870055 DATE: December 31 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 21st day of January, 1987 , at 2: 00 P.M. Docket No. 86-83 - Amendments to Section 11-2 of the Weld County Subdivision Regulations OFFICE ay THE C RK TO THE BOARD BY: i�%�C/i'r/ o, Deputy J The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO t ,A C t;.i.k \c ‘ ,o, .4 SUMMARY OF THE WELD COUNTY PLANING COMMISSION MEETING December 16, 1986 A regular meeting of the Weld County Planning Commission was held on December 16, 1986, in the County Commissioner's Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jack Holman at 1:30 p.m. Tape 260 — Side 2 ROLL CALL Lydia Dunbar Present Doug Graff Absent Ivan Gosnell Present LeAnn Reid Absent — Called in Louis Rademacher Present Lynn Brown Absent — Called in Paulette Weaver Absent Ann Garrison Present Jack Holman Present Also Present: Keith Schuett, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on December 2, 1986, was approved as distributed. The Chairman announced the last item on the agenda would be moved to first on the agenda. This item was continued from the December 2, 1986, meeting of the Planning Commission. Consider an Amendment to the Weld County Subdivision Regulations, Section 11-2 concerning the installation of off—site road improvements for developments in the unincorporated areas of the County. Rod Allison, Principal Planner, reported changes to the Subdivision Regulations, as suggested by the Planning Commission at the last meeting, are underlined. MOTION: Ann Garrison moved that the proposed amendments to Section 11-2 of the Weld County Subdivision Regulations concerning the installation of off-site road improvements for developments in the unincorporated areas of the County be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation of the Department of Planning Services staff. Motion seconded by Lydia Dunbar. , t Brim r9 /2-24-g6 Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 2 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-767:86:48 APPLICANT: Henry J. and Susan M. K. Beecher (T. J. Kennels) REQUEST: Use by Special Review permit for a 65 dog kennel LEGAL DESCRIPTION: Part of the SW} , Section 26, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Eaton; north of Weld County Road 76 and east of Weld County Road 45 APPEARANCE: Henry D. Beecher, applicant, and Robert E. Ray, Attorney. Mr. Beecher reported he plans to put in ten dog runs to raise greyhounds to train. There are 18.6 acres on this site. He currently has eighteen dogs, but he wishes to enlarge his operation to a total of sixty-five dogs. There will be no other buildings erected at this site. There is a training track four miles south which he leases to train the dogs to run. The dog runs are enclosed with a fenced area. Only the dogs in training are housed overnight. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. He stated he has and does not agree with Development Standard #2 stating that all dogs must be housed at night. There will be a minimum of twenty-four dogs that will not be housed at night. Earl Anderson, greyhound raiser and trainer, reported he has been in the greyhound business for twenty-five years. NOTICE: 1:45 p.m. Paulette Weaver is now present. Mr. Anderson explained that young pups are not housed during the day. In the nighttime they have their insulated houses, but they are not locked in. Robert Ray explained that the operation of the kennel will not interfere with oil and gas drilling rights. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison 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 proposed amendments to Section 11-2 of the Weld County Subdivision Regulations concerning the installation of off-site road improvements for developments in the unincorporated areas of the County be approved based upon the recommendation of the Department of Planning Services staff. Proposed amendment attached. Motion seconded by Lydia Dunbar. VOTE: For Passage Against Passage Lydia Dunbar Ivan Gosnell Louis Rademacher Ann Garrison Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of 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 December 16, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 17th day of December, 1986. \ Bobbie Good Secretary 11-2 Off Site Improvements A. The subdivider, applicant, or owner shall install off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. (1) The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off-site improvements. (2) The off-site improvements agreement shall contain the following: (a) The legal description of the property to be served. (b) The name of the owner(s) of the property to be served. (c) A description of the off-site improvements to be completed by the subdivider, applicant, or owner. (d) The total cost of the off-site improvements. (e) The total vehicular trips to be generated at build-out by the subdivision, or resubdivision, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. (f) A time period for completion of the off-site improvements. (g) The terms of reimbursement. (h) The current address of the person to be reimbursed during the term of the agreement. (i) Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. (3) If the subdivider, applicant, or owner fails to comply with the improvements agreement, he or she forfeits its opportunity to obtain reimbursement under this section. (4) When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final subdivision or resubdivision plat. (5) The amount of road improvement cost to he paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. (6) The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transporta— tion study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will generate shall be decided by the County Engineer. (7) The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. B. This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. Hello