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HomeMy WebLinkAbout950735.tiffAR2439247 ORDINANCE NO. 147-E IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS TO CERTAIN MAPS TO ORDINANCE NO. 147, WELD COUNTY COMPREHENSIVE PLAN ORDINANCE, AS CURRENTLY AMENDED BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and Article 28 of Title 30, CRS, to adopt planning goals and policies for the unincorporated areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 147, Weld County Comprehensive Plan, establishing a comprehensive revision of the planning goals and policies for the unincorporated areas of the County of Weld and has adopted amendments in Ordinance No. 147-A and 147-B, and is in the process of adopting c amendments in Ordinance No. 147-D, and u� o N 0 0 N .. y o h o Le)x O N U N 0' (14 en rn8 a �4-) N O N U en •cr N e b N N N WHEREAS, the proposed Comprehensive Plan revision has been reviewed by the Weld County Planning Commission and the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines that there is a need for a revision of the Comprehensive Plan for the County of Weld, and that this Ordinance is for the benefit of the health, safety, and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that the Conceptual Land Use Plan Map and the 1-25 Mixed -Use Development Area and Activity Centers Map of the Weld County Comprehensive Plan be repealed and re-enacted to include the following parcels: 1. The SE% of the railroad grade of Section 7, the NW' and the NE'V4 of Section 18, and the NW'A of the railroad grade of Section 17, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado Located east of Weld County Road 1; north of Weld County Road 20.5, and south of the railroad grade. BE IT FURTHER ORDAINED by the Board that this Ordinance No. 147-E, insofar as it is the same as Ordinance No. 147 as amended, is intended to be a continuation of the prior ordinance and not a new enactment. ;0.4 950735 ORD147E RE: ORDINANCE #147-E PAGE 2 BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 147-E was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County, BY: 'Depute CID' APPROVED1h ounty Attorney First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective Date: 2439247 B-1493 P-92 LD COUNTY, CO ORA Dale K. Hall, Chair 4 'Barbara J. Kirkmey George E. Baxter FXCI JSFn Constance L. Harbert /1 Webster April 17, 1995 April 20, 1995, in the Windsor Beacon May 1, 1995 May 4, 1995, in the Windsor Beacon May 15, 1995 May 18, 1995, in the Windsor Beacon November 7, 1995 05/22/95 02:26P PG 2 OF 2 950735 ORD147E GSDEIataf4O to F IN THE MATTER OF THE REPRE—ENACT- MENT, WITHWAMEND- NEWTS TO CERTAIN MAPS TO ORDINANCE NO. 147, WELD COUNTY COMPRE- HENSIVE PLAN ORDI- NANCE, AS CURRENTLY AMENDED BE n ORDAINED BY THE BOARD OF COUNTY COM- MISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld. State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Wad Cparly Colorado, and WHEREAS, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and Article 28 of rite 30, CRS, to adopt planning goals and policies for the unincorporat- ed areas of the County of Weld. and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 147, Wad County Comprehensive Plan, establishing a compre- hensive revision of the pan- ning goals and policies for the unincorporated areas of the County of Weld and has adopted amendments In Ordinance No. 147—A and 147-8, and is in the process of adopting amendments in Ordinance No. 147-0, and WHEREAS, the proposed Campeha.eive Plan revi- sion -has been reviewed by the Weld County Planning Commission and the Board of County Commissioners, and WHEREAS, the Board of Coady Commissioners of Wad Canty hereby finds ad dearmine. that there is a need for a revalan of the Comershansive Plan for the Caony at Wets end eat this Oen N for Iva bites elliteallah.HISadEd- bb laa We bee Me people d DNS a 1ti1111ORE, a n SM EM by ere Seed of Otte Comas- leers M the Corey of Weil Sled M Cosab, Met M Conga- land Use Flat Spend the FW YNd•Uee Development Are and AIMS Ceders Mopa IM County Ceatplelrasere Plan be tpeedd sad se-esaoed kOadent MCMte pallet 1. The SEW...ISM ere raeeae Wade of Section 7, Ihe SWIM and lie NE1/4 of SUYon ll,and to NWIMo lie talked grade of Saalen 17, an in ToaMlp 2 North, Range -1M West of the 8th P.M., Weld County, Colorado Located east of Weld County Road 1; north of Weld County Road 20.5, and south of the railroad grade. BE IT FURTHER ORDAINED oard that this Ordinance No. 147—E, insofar as It Is the same as Ordinance No. 147 es amended, is Intended to be a continuation of the prior ordinance and -trot a new enaeanant. BE IT FURTHER ORDAINED by the Board, II any section, subsection, or of NsO�rdin`ance: for ars reason held or deckl- ed to be unconstitutional, such decision shell not affect the validity of the remaking portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance's h each and every section, eubeection, paragraph. sen- tence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, para- graphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 147—E was, co motion duly made and seconded, adopted by the following vote on the 15th day of May. A.D., 1995. BOARD OF COUNTY COM- MISSIONERS WELD COUNTY, COL- ORADO Dale K. Hall, Chairman Barbara J. Kirkmeyer, Pro—Tem George E. Baxter Constance L. Harbert W. H. Webster ATTEST. Doead D. Warden Weld County Clerk to the Board BY:Carol A. Harding Deputy Clerk to the Board APPROVED AS TO FORM: Bruce T. Barker County Attorney First Reading: April 17, 1995 Publication: April 20, 1995, in the Windsor Beacon Second Reading: May 1, 1995 Publication: May 4, 1995, in Me Windsor Beacon Final Reading: May 15, 1995 Publication: -May 18, 1995. in the Windsor Beacon Effective Date: November7, 1995 POYeeesd In the Windsor Besets on May 18, 1995. r--2t-ores 19 C's — NOTARY PUBLIC My commission expires AFFIDAVIT OF PUBLICATION STATE OF COLORADO COUNTY OF WELD SS I, ROGER A. LIPKER, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly for / successive weeks, that the notice was published in the regular and entire issue of every number at the paper during the period and time of publication, and is the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing ;he date of the / day of <Y11 ity A.D., 19 r and the last publication bearing the date of the day of A.D., 19 and that the said WINDSOR BEACON has been published continuously and uninterruptedly for the ccriod of 5 consecutive weeks, in said County and State, pric; to the date of first publication of said notice a•n+ the same is a newspaper within the meaning of an Act is regulate printing of legal notices and advertisements, approved May 18, 1931, and all prior acts so far as in force. L�JSLISHER Subscribed and sworn to before me this /rS day of NOTICE DOCKET NO. 95-31 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on Monday, April 17, 1995, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to certain maps to Ordinance No. 147,•Weld County Comprehensive Plan Ordinance, as currently amended. All persons in any manner interested are requested to attend said hearing and may be heard. Amendment to 1-25 Mixed Conceptual Plan to include the following parcels: The SE 1/4 of the railroad grade of Section 7, the NW 1/4 and the NE 1/4 of Section 18, and the NW 1/4 of the railroad grade of Section 17, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado Located east of Weld County Road 1; north of Weld County Road 20.5, and south of the railroad grade Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: March 29, 1995 PUBLISHED: April 6, 1995, in the Windsor Beacon NOTICE DOCKET.NO. 95-31 The Board of County Commissioners of Weld County, Colorado, will con- e duct a public hearing at 9:00 a.m., on Wednesday, April 17, 1995, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to certain maps to Ordinance No. 147, Weld County Comprehensive Plan Ordinance, as currently amended. All persons in any manner interested are requested to attend said hearing and may be heard. Amendment to I-25 Mixed Conceptual Plan to include the following parcels: The SE 1/4 of the railroad grade of Section 7, the NW 1/4 and the NE 1/4 of Section 18, and the NW 1/4 of the railroad grade of Section 17, all In Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado Located east of Weld County Road 1; north of Weld County Road 20.5, and south of the railroad grade Should any interested party desire the presence of --a court reporter to make a record of the proceedings, in addition to the -taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT -ALSO KNOWN that , copies of the proposed amendments may be exam- ined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. BOARD OECOUNTY COM- MISSIONERS WELD COUNTY, COL- ORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: March 29, 1995 Published in the YAndeor Beacon an April 6, 1995. AFFIDAVIT OF PUBLICATION STATE OF COLORADO 55 COUNTY OF WELD I, ROGER A. LIPKER, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR. n said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly for / successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing p19 date of the ora day of C1-4:-/ A.D., 19 95— and the last publication bearing the date of the day of A.D., 19_ and that the said WINDSOR BEACON has been published continuously and uninterruptedly for the c=riod of 5 consecutive weeks, in said County and State, prior to the date of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate printing of legal notices and advertisements, approved May 18, 1931, and ali prior acts so far as in force. J ✓ ISHER Subscribed and sworn to before me this <, day of Cy, '�./_f19 qS NOTARY PUBLIC My commission expires 9<-2,/�'%A IllnICEMEZUKILIffat AFFIDAVIT OF PUBLICATION The Weld County Planning Commission wit hold a -public hearing on Tuesday, March 21. 1995, at 1:30 p.m., for the pur- pose of considering an amend- ment to the 1-25 Mixed Use Conceptional Plan tor the prop- erty described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Gary Tuttle, Tuttle -Applegate, Inc. LEGAL DESCRIPTION:. The SE4 of the railroad grade of Section I, the NW4 end the NE4 of Section 18, The NW4 of the railroad grade of Section 17, all in T2N, R68W of the 6th P.M., Weld County, Colorado. TYPE "ART INTENSITY OF PROPOSED USE: M amend- ment to the 1-25 Mixed Use Conceptional plan. LOCATION: East of Weld County Road is north of Weld County Road 20-.1/2. end south of the railroad grade. SIZE: 450 acres, more or less. The public hearing will be held in the Weld County Commissioners' Nearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street. Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the -above date or pre- sented at the public hearing on Much 21, 1995. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley. Colorado 80631. Please call Sharyn Frazer, at Phone a 3538100, Eat. 3540, or Fax N ;303) 352-6312, prior to the day of the hearing so that reasonableaccommodations can be made 9, in accordance with the Americans with) Disabilities Act, you require spe- cial accommodations in order to participate in this hearing as a result of a disability.' Richard Kimmel, Chairman Weld County Planning ConmisSon To be published in the Windsor Beacon • To be published one (1) time by March 2,1995. P1rMNahai Is Se )Sear laeeen on lards 2, 1M. STATE OF COLORADO 5$ COUNTY OF WELD I, ROGER A. LIPKER, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said wee* for / successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing the date of the y k-day of '171 .-t'2 J AD., 19%S and the last publication bearing the date of the _day of A.D., 19 and that the said WINDSOR BEACON has been published continuously rind uninterruptedly for the period of 5 consecutive weeks, in said County and State, prior to the date of first publication of said notice, and the same is a newspaper within the meaning of an Act -to regulate printing of legal notices and advertisements, approved May 18, 1931, and all prior acts so far as in force. V', J JJBLISHER Subscribed and sworn to before me this, n A day of 1995 • NOTARY PUBLIC My commission expires L L 2 / 6 c� APR r 1995 �iJI CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #95-31, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 7th day of April, 1995. GARY TUTTLE TUTTLE APPLEGATE, INC. 11990 GRANT STREET, SUITE 410 DENVER, CO 80233 VERN NELSON NELSON ENGINEERS 520 GREELEY NATIONAL BANK PLAZA GREELEY, CO 80631 Deputy Clerk t, the Board Memorandum To: Clerk to die Board-- Case Files CC: Comp Amend 1-6 1994 and Comp Amend s� 1-1995 From: Monica Daniels -Mika, Long Range Planne�l/o`. Date: March 31, 1995 Subject: Case Correction- Word Claifiication Please note that the above cases contain an interchange of conceptional and conceptual. While both of these terms imply similar meaning the correct terminology for use in reference to the Comprehensive Plan is the 1-25 Mixed Use Conceptual Land Use Plan. All further correspondence from the Department of Planning Service will adhere to this word choice, however correspondence from referral agencies will most probably continue to utilize both words. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Judith Yamaguchi that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: CompAmend 6-1994 NAME: Gary Tuttle/Tuttle Applegate, Inc. REQUEST: An amendment to the I-25 Mixed Conceptional Plan. LEGAL DESCRIPTION: The SE4 of the railroad grade of Section 7, N W4 and the NE4 of Section 18, anckthe NW4 of the railroad grade of Section 17, all in T2N, R68W of the 6th P.M., Weld Co@nty, Colorado. J LOCATION: East of Weld County Road 1; north of Weld County Road 20-1/2, and south of the railroad grade. be recommended favorably to the Board of County Commissioners. During the last several months the Department of Planning Services staff has been reevaluating the I-25 MUD area. As part of this effort, several public meetings were conducted with citizens in the area to address problems and concerns. Based upon these finding and adherence with the Weld County Comprehensive Plan, staff recognizes the need to enhance several of the existing land use standards and regulations. The Department of Planning Services staff recommends that CompAmend cases 1, 2, 3, 4, and 5 be included into the 1-25 Mixed Use Development Area when an acceptance and finalization of all proposed transportation and land use design standards have been incorporated into the Weld County Subdivision/Zoning Ordinances. General Comments/Information: The following entities have commented on these cases: City of Longmont Town of Mead Town of Frederick Colorado Department of Transportation St Vrain Sanitation District 1-25 Mixed Use citizens comments 2. Land use request(s): APPLICATION SIZE DENSITY (acres) # of # of LAND units people use 6 -Sherwood 450 ac 3 units/acre 1350 3375 LDR LDR: LOW DENSITY RESIDENTIAL MDR: MULTI FAMILY RESIDENTIAL RESOLUTION, COMPAMEND 6-1994 Gary Tuttle/Tuttle Applegate, Inc. Page 2 The Board of County Commissioners shall consider the Planning Commission's recommendation, the proposed amendment, the Department of Planning Service's recommendation, and any public testimony and determine whether: 1. The existing Comprehensive Plan is in need of revision as proposed; In the winter of 1994 the County Commissioners decided to undertake the project of updating the Weld County Comprehensive Plan. At the onset of the revision to the Plan there was no indication that the 1-25 Conceptional Land Use Map was in specific need of revision, therefore it was considered along with the rest of the contextual portions of the Plan. However, after meeting with area residents and considering the amount of growth being experienced in the area it was determined that the present conceptional plan does not address current and projected growth trends, and nor does it provide adequate land use andtransportation standards designed to manage this growth. 2. The proposed amendment will be consistent with existing and future goals, policies, and needs of the County; and Goal 1. To plan and to manage growth within the 1-25 mixed use development area and activity centers so as to balance relevant fiscal, environmental, aesthetic, and economic components of the area. The current policy statements and regulations concerning the 1-25 MUD require environmentally and aesthetically pleasing designs. All development in the MUD area is required to address and pay its proportionate share of the impacts created in the community. While the policy statements are represented in the existing Comprehensive Plan some of the specific regulations needed to carry out these policies are absent from the Subdivision/Zoning Ordinances. Goal 2. To assure a well -integrated, balanced transportation system which meets the public need. The major thoroughfares within this area are either federal or state systems. However, there is an increasing concern about the present congestion on these systems. With the addition of more people to this area Weld County roads will be required to handle more and more of the transportation in the area. The present Weld County road system is based upon a rural demand, however the build out of this area will require that the local road system be enhanced to an urban level. In order to create this enhancement more stringent design standards will need to be incorporated into the Weld County Subdivision/Zoning Ordinances. These standards are likely to included but are not limited to the following examples: a. Increase in the ROW designation requirements b. Limit the number of accesses onto all existing Weld County Roads c. Require 1/4 mile road connections d. Increase utility easements (widths) e. Designate all existing Weld County roadsas arterials Goal 3. To provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety, and general welfare of the present and future residents of Weld County. The current population size of the area makes providing private recreational facilities somewhat difficult at this time, however with the increase in residential development the population base willmakeproviding these facilities plausible. Additionally, there are two recreational facilities Barbour Ponds and Weld County Regional park both located in the MUD designed to address the outdoor recreational needs of the area. While the area is within the St Vrain school district, the school district, up to this point has not requested in lieu fees for development, -however the likelihood that this philosophy will continue into the future is slight. There is one school site location, State Land Board, adjacent to this area at the intersection of WCR 28 and WCR 13 which may be available for future growth expansion. RESOLUTION, COMPAMEND 1-1994 Gary Tuttle/Tuttle Applegate, Inc. Page 3 All of the proposal can be served by a public sanitation sewer system and will be required to do so in the future. Public water is available to the proposed area and future development will be required to connect to these systems. Fire protection in the area is provided by Mountain View Fire District, and they have evaluated these proposals and have no objections. All future development in this area will be required through the Weld County Comprehensive Plan and Subdivision/Zoning Ordinances to address and provide for the social and cultural needs for the proportionate -share of the population increase created by development. Goal 4. To maintain and improve the existing natural state of the environmental resources The addition of the proposed applications into the MUD area will not adversely influence the existing natural environmental resources in the area. In fact, the proposed area will be required through changes to the Weld County Comprehensive Plan and Weld County Subdivision and Zoning Ordinances to adhere to an expanded level of environmental standards. Goal 5. To promote governmental cooperation in order to avoid duplication of services and to provide economies of scale. The area, in general, is growing at an accelerated rate, therefore the additional population base will encourage a further expansion of the economies of scale of services. Up to this point, the majority of development in this area has been industrial or commercial which traditionally is the impetuous for residential development There are currently several water districts in this area, and one fire district in the area with another district substations nearby. Theadditionof these proposal to the MUD area will not change the present impact of these services. Goal 6. To assure that new development occurs in such a manner as to maintain an attractive working and living environment. In order to ensure an attractive working and living environment necessary to meet the future demands in this area Weld County staff has been evaluating the components necessary to provide this environ. Many of the requirements are already in place, however several land use and transportation standards are still needed to support this high quality -working and living environment Any addition to the MUD area will be required to adequately satisfy all goals and regulations designed to ensure that an attractive and compatible working/living environment exists along the 1-25-- 119 corridor. 3. The proposed amendment will place a burden upon existing or planned service capabilities. The proposed additions to the MUD can be adequately serviced by public water and sewer facilities. Any additional transportation impacts created in the area will be the responsibility of those who create the need for the increase in service. Motion seconded by Jack Epple. VOTE: For Passage Against Passage Curt Moore Judith Yamaguchi Jack Epple Marie Koolstra Daniel Lere Richard Kimmel Ron Sommer RESOLUTION, COMPAMEND 1-1994 Gary Tuttle/Tuttle Applegate, Inc. Page 4 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, Wendi 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 March 21, 1995. Dated the 21st day of March, 1995. t1.1 Wendi Swanson Secretary BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Marie Koolstra that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: CompAmend 6-1994 NAME: Gary Tuttle/Tuttle Applegate, Inc. REQUEST: An amendment to the 1-25 Mixed Conceptional Plan. LEGAL DESCRIPTION: The SE4 of the railroad grade of Section 7, the NW4 of Section 18, the NW4 of the railroad grade of Section 17, all in T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of Weld County Road 1, north of Weld County Road 20-1/2, and south of the railroad grade. be continued, to March 21, 1995 due to lack of publication by the Windsor Beacon. Motion seconded by Jack Epple. VOTE: For Passage Against Passage Ron Sommer Judith Yamaguchi Jack Epple Marie Koolstra Daniel Lere Richard Kimmel Shirley Camenisch The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case. CERTIFICATION OF COPY I, Wendi 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 March 7, 1995. Dated the 7th day of March, 1995. 1020 tpftvaci Wendi Swanson Secretary SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING ) 1' Tuesday, March 21, 1995 A regular meeting of the Weld County Planning Commission was held March 21, 1995, iri (he Comity' Commissioner's Hearing Room (Room #101), Weld County Centennial Building, 915 10th StreetrQreeley, Colorado. The meeting was called to order by Chairman, Richard Kimmel. TO T.„ D Tape 478 Richard Kimmel Ron Sommer Shirley Camenisch Curt Moore Judy Yamaguchi Bud Clemons Jack Epple Marie Koolstra Daniel Lere Present Present Absent Present Present Present Present Present Absent Also present: Pat Persichino, Director; Monica Daniels -Mika, Long -Range Planner; Keith Schuett, Current Planner II; Todd Hodges, Current Planner, Shani Eastin, Current Planner; Department of Planning Services; Jeff Stoll, Director, Environmental Protection Services; ; and Wendi Swanson, Secretary. CASE NUMBER: CompAmend - 6, (Continued from March 7, 1995, meeting). APPLICANT: Gary Tuttle/Tuttle-Applegate, Inc. REQUEST: Amendment to the I-25 Mixed Use Conceptual Plan. LEGAL DESCRIPTION: The SE4 of the railroad grade of Section 7, the NW4 and the NE4 of Section 18, and the NW4 of the railroad grade of Section 17, all in T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of Weld County Road 1; north of Weld County Road 20-1/2, and south of the railroad grade. Gary Tuttle, representative for the property owner, spoke in favor of the request. Mr. Tuttle stated that this was a continuation from the March 7 meeting. Mr. Tuttle said applicant was available for any questions pertaining to the case but felt most information was presented at the prior meeting. Mr. Tuttle concurred with staff recommendations. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Judy Yamaguchi moved CompAmend 6 be forwarded to the Board of County Commissoners' with the Planning Commission's recommendation for approval. Jack Epple seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - no; Curt Moore - yes; Judy Yamaguchi - yes; Jack Epple - yes; Marie Koolstra - yes; Bud Clemons - yes; and Richard Kimmel - yes. Motion carried. LAND -USE APPLICATION SUMMARY SHEET Date: March 21, 1995 CASE NUMBER: CompAmend - 6 NAME: Gary Tuttle, Tuttle -Applegate, Inc. REQUEST: Amendment to the I-25 Mixed Use Conceptual Plan. SIZE OF PARCEL: 450 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this application is listed in the Weld County Comprehensive Plan. The Department of Planning Services' staff has received comments from the following agencies: 1. City of Thornton 2. Weld County Public Works 3. Mountain View Fire Protection District 4. Town of Erie 5. City of Longmont 6. Town of Frederick 7. Town of Mead 8. Colorado Department of Transportation 9. Planning Commission Member Field Check 10. St. Vrain Sanitation District 11. Sierra Club 1 March 20, 1995 page 1 of 4 Staff recommendation to the Planning Commission for changes to the MUD area of the Comprehensive Plan The parcel is 450 acres in size and is located east of WCR 1, north of WCR 20 and 1/2, and south of the railroad grade. The general description of the property is as follows: T2N, R68W,6th P.M. SE/4 south of the railroad grade of Section 7 NW/4 and the NE/4 of Section 18 NW/4 south of the railroad grade of Section 17 During the last several months the Department of Planning Services staff has been reevaluating the I-25 MUD area. As part of this effort, several public meetings were conducted with citizens in the area to address problems and concerns. Based upon these finding and adherence with the Weld County Comprehensive Plan, staff recognizes the need to enhance several of the existing land use standards and regulations. The Department of Planning Services staff recommends that Comp Amend 6-1994 be included into the I-25 Mixed Use Development Area when an acceptance and finalization of all proposed transportation and land use design standards have been incorporated into the Weld County Subdivision/Zoning Ordinances. General Comments/Information: 1. The following entities have commented on these cases: City of Thorton Weld County Public Works Mountain View Fire District Town of Erie City of Longmont Town of Frederick Colorado Department of Transportation Town of Mead St. Vrain Sanitation District Sierra Club 1 2. Land use request: page 2 of 4 APPLICATION SIZE DENSITY # of # of LAND (acres) units people use 6- Sherwood 450 3 UNITS/AC 1350 3510 LDR LDR: LOW DENSITY RESIDENTIAL The Planning Commission shall consider the proposed amendment, the Department of Planning Service's recommendation, and any public testimony and determine whether: 1. the existing Comprehensive Plan is in need of revision as proposed; In the winter of 1994 the County Commissioners decided to undertake the project of updating the Weld County Comprehensive Plan. At the onset of the revision to the Plan there was no indication that the 1-25 Conceptional Land Use Map was in .specific need of revision, therefore it was considered along with the rest of the contextual portions of the Plan. However, after meeting with area residents and considering the amount of growth being experienced in the area it was determined that the present conceptional plan does not address current and projected growth trends, and nor does it provide adequate land use and transportation standards designed to manage this growth. 2. the proposed amendment will be consistent with existing and future goals, policies, and needs of the County; and Goal 1. To plan and to manage growth within the I-25 mixed use development area and activity centers so as to balance relevant fiscal, environmental, aesthetic, and economic components of the area. The current policy statements and regulations concerning the 1-25 MUD require environmentally and aesthetically pleasing designs. All development in the MUD area is required to address and pay its proportionate share of the impacts created in the community. While the policy statements are represented in the existing Comprehensive Plan some of the specific regulations needed to carry out these policies are absent from the Subdivision/Zoning Ordinances. Goal 2. To assure a well -integrated, balanced transportation system which meets the public need. 2 The major thoroughfares within this area are either federal or state systems. However, there is an increasing concern about the present congestion on these systems. With the addition of more people to this area Weld County roads will be required to handle more and more of the transportation in the area. The present Weld County road system is based upon a rural demancL however the build out of this area will require that the local road system be enhanced to an urban level. In order to create this enhancement more strigent design standards will need to be incorporated into the Weld County Subdivision/Zoning Ordinances. These standards are likely to included but are not limited to the following examples: a. Increase the ROW designation requirements b. Limit the number of access onto all County Roads c. Require 1/4 mile road connections d. Increase utility easements (width) e. Designate existing County roads as arterials Goal 3. To provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety, and general welfare of the present and future residents of Weld County. The current population size of the area makes providing private recreational facilities somewhat difficult at this time, however with the increase in residential development the population base will make providing these facilities plausible. Additionally, there are two recreational facilities Barbour Ponds and Weld County Regional park both located in the MUD designed to address the outdoor recreational needs of the area. While the area is within the St Vrain school district, the school district, up to this point has not requested in lieu fees for development, however the likelihood that this philosophy will continue into the future is slight. There is one school site location, State Land Board, adjacent to this area at the intersection of WCR 28 and WCR 13 which may be available for future growth expansion. All of the proposal can he served by a public sanitation sewer system and will be required to do so in the future. Public water is available to the proposed area and future development will be required to connect to these systems. Fire protection in the area is provided by Mountain View Fire District, and they have evaluated these proposals and have no objections. All future development in this area will be required through the Weld County Comprehensive Plan and Subdivision/Zoning Ordinances to address and provide for the social and cultural needs for the proportionate share of the population increase created by development. 3 page 4 of 4 Goal 4. To maintain and improve the existing natural state of the environmental resources The addition of the proposed applications into the MUD area will not adversely influence the existing natural environmental resources in the area. In fact, the proposed area will be required through changes to the Weld County Comprehensive Plan and Weld County Subdivision and Zoning Ordinances to adhere to an expanded level of environmental standards. Goal 5. To promote governmental cooperation in order to avoid duplication of services and to provide economies of scale. The area, in general, is growing at an accelerated rate, therefore the additional population base will encourage a further expansion of the economies of scale of services. Up to this point, the majority of development in this area has been industrial or commercial which traditionally is the impetuous for residential development. There are currently several water districts in this area, and one fire district in the area with another district substations nearby. The addition of these proposal to the MUD area will not change the present impact of these services. Goal 6. To assure that new development occurs in such a manner as to maintain an attractive working and living environment. In order to ensure an attractive working and living environment necessary to meet the future demands in this area Weld County staff has been evaluating the components necessary to provide this environ. Many of the requirements are already in place, however several land use and transportation standards are still needed to support this high quality working and living environment. Any addition to the MUD area will be required to adequately satisfy all goals and regulations designed to ensure that an attractive and compatible working/living environment exists along the I-25-- 119 corridor. 3. the proposed amendment will place a burden upon existing or planned service capabilities. The proposed additions to the MUD can be adequately serviced by public water and sewer facilities. Any additional transportation impacts created in the area will be the responsibility of those who create the need for the increase in service. M:\mudnotel0.doc 4 WIIDe. COLORADO December 13, 1994 DEPARTMENT OF BUILDING INSPECTION PHONE (303) 353-3845, EXT. 3525 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Cases: CompAmend 1 CompAmend 2 CompAmend 3 CompAmend 4 CompAmend 5 CompAmend 6 Subject: Amendment to the Weld County I-25 Mixed Use Conceptional land use plan as delineated in the Weld County Comprehensive Plan. Dear Planning Commission: Due to the pending revision of the Weld County Comprehensive Plan the Planning Staff recommends that the Planning Commission continue these cases until an update to the Comprehensive Plan has been finalized. Sincerely, Monica Daniels -Mika Long Range Planner m:\complan\contcomm.mdm Wi�Yc. 44itt; COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 March 7, 1995 Case: CompAmend 6 Subject: Amendment to the Weld County Mixed Use Development Conceptional land use plan. Legal: The SE 1/4 of the railroad grade of Section 7, the NW 1/4 and the NE 1/4 of Section 18, and the NW 1/4 of the railroad grade of Section 17, all of Township 2N, Range 68W of the 6th P.M., Weld County Colorado Size: 450 acres Dear Planning Commission: Due to lack of publication in the Windsor Beacon planning staff recommends that this case be continued to the March 21, 1995 meeting of the Weld County Planning Commission. Service, Teamwork, Integrity, Quality, PROPOSAL TO AMEND THE WELD COUNTY COMPREHENSIVE PLAN FOR THE ADDITION OF LAND TO THE I-25 MIXED USE DEVELOPMENT AREA NOVEMBER 9, 1994 Proposed by: DONALD SHERWOOD 6635 Rabbit Mountain Road Longmont, CO 80503 Consultant: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, CO 80233 TA #94-203 PROPOSAL TO AMEND THE WELD COUNTY COMPREHENSIVE PLAN INTRODUCTION This proposal wishes to amend the Weld County Comprehensive Plan by adding area to the I-25 Mixed Use Development (MUD) area. The parcel is 450 acres in size and is located east of WCR 1, north of WCR 20 and 1/2, and south of the railroad grade. The general legal description of the property is as follows: T2N, R68W, 6th P.M SE/4 south of the railroad grade of Section 7 NW/4 and the NE/4 of Section 18 NW/4 south of the railroad grade of Section 17 The property is owned by Donald Sherwood and is_presently used for grazing and crops. The northern 120 acres is permitted for mining by the County and the State and will be mined by C & M Companies. As the mining is completed, the owner wishes to develop a low density residential community with lakes, open space, and golfing. Currently, an advisory committee is working on reviewing and updating the Comprehensive Plan. From information from adjoining landowners who have requested to be included in the MUD Area, we understand the committee has declined to take any action. The committee did not wish to entertain requests from individual property owners. Therefore, we now believe it is appropriate to formally propose an amendment to the Comprehensive Plan. This amendment is submitted in conjunction with other nearby landowners. Through their consultants, the landowners have coordinated the planning effort in terms of the road network and compatible land uses. STATEMENTS (1) The Comprehensive Plan is in need of revision. The I-25 MUD area is now seven years old. This area plan was originally conceived as a joint effort between the landowners and the newly formed Sanitation District. Since its inception, the Front Range has gone through a major economic cycle and is now experiencing expanded growth. Therefore, it makes sense to take a look at this area again. Thereareinterested landowners close to the Area who were not included in the MUD area previously. This land can be served by the Saint Vrain Sanitation District. The proximity of these properties to 1-25 and the urbanizing forces of the MUD area and Longmont play a major roll in long range planning. Page 1 Aggregate mining continues to be a major land use in the area and mining has proceeded faster than anticipated. The recent mining permit granted on this land requires a long range look at how the land will change. The shipping of aggregate into and through the MUD Area also makes it logical to include the mines and the reclaimed land in the planning area. The remainder of the land to the south is bordered by two County roads and is logically part of any road system within this area. (2) . This proposed amendment is consistent with the existing and future goals, policies, and needs of Weld County. I-25 MUD Area Goals and Policies This amendment to the Comprehensive Plan will recognize mining as an existing land use on these lands adjacent to the MUD area. Thus the mineral in the land can be preserved for extraction with the open space designation. Low density residential is a logical and desirable use around the reclaimed lakes, which will provide generous open space. Public facilities and services are available in this area similar to the existing MUD Area. The plan amendment will create an attractive living environment. Also the proposal insures the preservation of the St. Vain Creek floodplain area. Landowners will work with Longmont or any other open space agency on the creation of trails and parks. The Planned Unit Development (PUD) process is well suited for our type of proposal incorporating housing, recreation, and open space. Low density residential is compatible with the surrounding land uses of open space and agriculture. (3) The amendment will not place a burden upon existing or planned service capabilities. a. Roads Through the existing road improvement agreements with aggregate companies, roads are being improved and maintained in this area. These same roads will be available for later residential type uses. Any additional roads or expansion to existing roads will be built and payed for by developers. The planned development of this area will control access onto County roads and the low density residential is compatible with the County road system here. Sewer Sewage collection and treatment will be provided by the St. Vrain Sanitation District, who is willing to serve the area. A development such as this will improve the financial base of the District and allow them to operate in a more efficient manner. Page 2 /0 c. Water Water distribution will be provided by the Left Hand Water Company who is willing to serve this area. The company has other customers in the area and the developer will pay for any waterline extensions. d. Fire Protection The Mountain View Fire Protection District serves this area. They have a firehouse on Weld County Road I which is several minutes away from this property. e. Police Police protection will be provided by the Weld County Sheriff Department. f Schools St. Vain Valley School District provides education in this area and has schools located in Mead and the Tri-Towns. As the area grows, the District may decide to also build schools in the MUD Area. g. Health Health services and emergency medical services can be provided by Longmont United Hospital. h. Parks and Open Space Generous open space is provided in this development for the benefit of all residents in the MUD Area. As owner of this property, I request that the Board of County o issioners of W County approve this proposal. A✓hie ,��� , Signed: 410 //'f ;O Vt'4725K �✓ I//v/"/OC Name Title /'Le -r- /9st _ Date Page 3 )1 1-25 MIX? ) USE DEVELOP =NT AREA CONCEPTUAL LAND USE PLAN cc 4000 2000 J AND UV ACTIVITY LDR—Low Density Residential MDR —Medium Density Residential MDR —High Density Residential MH —Mobile Homes C —Commercial 0—Offiee I —Industrial RT —Race Track OS —Open Space 0 CALKINS LAKE OLO 66 SANBORP RES. WCR 28 MUWGAN..• RES. GIOSTER 7115-; RES. V 3 LDR �..� 4- BOUNDARY OF I-25 4000 MUD AREA 1 SCALE N FEET PROPERTY OWNERSHIP BARBOUR LDR PONDS W R 24 3/4 MDR WCR 24 1/2 CR 24 MDR MH LDR LDR ffltM1(P PROPOSAL TO AMEND THE WELD COUNTY COMPREHENSIVE PLAN INTRODUCTION This proposal wishes to amend the Weld County Comprehensive Plan by adding area to the I-25 Mixed Use Development (MUD) area. The parcel is 450 acres in size and is located east of WCR 1, north of WCR 20 and 1/2, and south of the railroad grade. The general legal description of the property is as follows: T2N, R68W, 6th P.M SE/4 south of the railroad grade of Section 7 NW/4 and the NE/4 of Section 18 NW/4 south of the railroad grade of Section 17 The property is owned by Donald Sherwood and is presently used for grazing and crops. The northern 120 acres is permitted for mining by the County and the State and will be mined by C & M Companies. As the mining is completed, the owner wishes to develop a low density residential community with lakes, open space, and golfing. Currently, an advisory committee is working on reviewing and updating the Comprehensive Plan. From information from adjoining landowners who have requested to be included in the MUD Area, we understand the committee has declined to take any action. The committee did not wish to entertain requests from individual property owners. Therefore, we now believe it is appropriate to formally propose an amendment to the Comprehensive Plan. This amendment is submitted in conjunction with other nearby landowners. Through their consultants, the landowners have coordinated the planning effort in terms of the road network and compatible land uses. STATEMENTS (1) The Comprehensive Plan is in need of revision. The I-25 MUD area is now seven years old. This area plan was originally conceived as a joint effort between the landowners and the newly formed Sanitation District. Since its inception, the Front Range has gone through a major economic cycle and is now experiencing expanded growth. Therefore, it makes sense to take a look at this area again. There are interested landowners close to the Area who were not included in the MUD area previously. This land can be served by the Saint Vrain Sanitation District. The proximity of these properties to I-25 and the urbanizing forces of the MUD area and Longmont play a major roll in long range planning. Page 1 Aggregate mining continues to be a major land use in the area and mining has proceeded faster than anticipated. The recent mining permit granted on this land requires a long range look at how the land will change. The shipping of aggregate into and through the MUD Area also makes it logical to include the mines and the reclaimed land in the planning area. The remainder of the land to the south is bordered by two County roads and is logically part of any road system within this area. (2) This proposed amendment is consistent with the existing and future goals, policies, and needs of Weld County. I-25 MUD Area Goals and Policies This amendment to the Comprehensive Plan will recognize mining as an existing land use on these lands adjacent to the MUD area. Thus the mineral in the land can be preserved for extraction with the open space designation. Low density residential is a logical and desirable use around the reclaimed lakes, which will provide generous open space. Public facilities and services are available in this area similar to the existing MUD Area. (3) The plan amendment will create an attractive living environment. Also the proposal insures the preservation of the St. Vain Creek floodplain area. Landowners will work with Longmont or any other open space agency on the creation of trails and parks. The Planned Unit Development (PUD) process is well suited for our type of proposal incorporating housing, recreation, and open space. Low density residential is compatible with the surrounding land uses of open space and agriculture. The amendment will not place a burden upon existing or planned service capabilities. a. Roads Through the existing road improvement agreements with aggregate companies, roads are being improved and maintained in this area. These same roads will be available for later residential type uses. Any additional roads or expansion to existing roads will be built and payed for by developers. The planned development of this area will control access onto County roads and the low density residential is compatible with the County road system here. Sewer Sewage collection and treatment will be provided by the St. Vrain Sanitation District, who is willing to serve the area. A development such as this will improve the financial base of the District and allow them to operate in a more efficient manner. Page 2 c. Water Water distribution will be provided by the Left Hand Water Company who is willing to serve this area. The company has other customers in the area and the developer will pay for any waterline extensions. d. Fire Protection The Mountain View Fire Protection District serves this area. They have a firehouse on Weld County Road 1 which is several minutes away from this property. e. Police Police protection will be provided by the Weld County Sheriff Department. f. Schools St. Vain Valley School District provides education in this area and has schools located in Mead and the Tri-Towns. As the area grows, the District may decide to also build schools in the MUD Area. g. Health Health services and emergency medical services can be provided by Longmont United Hospital. Parks and Open Space Generous open space is provided in this development for the benefit of all residents in the MUD Area. As owner of this property, I request that the Board of Counttjcpmmissionertof Weill County approve this proposal. /1Q619 1 p Signed: Name Title VLC-v- (0 /9 f Date Page 3 PROPOSAL TO AMEND THE WELD COUNTY COMPREHENSIVE PLAN FOR THE ADDITION OF LAND TO THE I-25 MIXED USE DEVELOPMENT AREA NOVEMBER 9, 1994 Proposed by: DONALD SHERWOOD 6635 Rabbit Mountain Road Longmont, CO 80503 Consultant: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, CO 80233 TA #94-203 GENERAL POWER OF ATTORNEY I, Donald J. Sherwood of Longmont, Colorado, do hereby execute this General Power of Attorney with the intention that the co - attorneys -in -fact hereinafter named shall be able to act in my place in all matters. SECTION 1. Designation of Co -attorneys 1.01 I constitute and appoint Charles D. Saxton and Kennecth L. Bachman, both of Longmont, Colorado, to be my attorneys -in -fact to act for me, in my name and in my place. As co -attorneys -in -fact, they must act together. SECTION 2. Effective Date of Power of Attorney 2.01 This General Power of Attorney shall be effective upon my incapacity or disability and shall not be effective until then. SECTION 3. Powers 3.01 My co -attorneys -in -fact shall have all of the powers, discretions, elections and authorities granted by statute, common law and under any rule of court. In addition thereto, and not in limitation thereof, my co-attorneys-i-fact shall also have the powers set forth below. 3.02 My co -attorneys -in -fact may c without the institution of suit or othe monies, gifts, objects, interest, divid that now are due or may hereafter becc payable or belonging to me. My co-att take all lawful actions in my name or of and to compromise the same. 3.03 My co -attorneys -in -fact may sell, convey, lease, exchange, mortgage, pledge, release, h pothecate or otherwise deal with, dispose of, exchange or encumber any of my property, either real or personal. This shall include the power to borrow money or otherwise obtain credit, upon such terms, conditions and covenants as my co -attorneys -in -fact considers tb be appropriate. 3.04 My co -attorneys -in -fact may appear on my behalf in any litigation in which I am or may become a party during the duration of this General Power of Attorney. 3.05 My co -attorneys -in -fact may give discharges, releases, llec€ and receive, with or r legal process, all debts, ;I ds,annuities and demands e due, owing or otherwise orneys-in-fact may use and herwise to recover the same /7 consents and receipts on my behalf. 3.06 My co -attorneys -in -fact shall have the power to deposit funds in my name in any banking or savings institution or in any money market account, whether or not insured. 3.07 My co -attorneys -in -fact shall have the power to pay any and all bills, accounts, claims and demands now due by me or becoming due by me subsequent to the execution of this General Power of Attorney. In connection therewith, my co - attorneys -in -fact may withdraw funds from and draw and sign checks in my name upon any bank or trust company, savings institutions or money market fund in which I may have any funds on deposit or in any new account opened in my name. 3.08 My co -attorneys -in -fact may endorse all checks drawn to my order for deposit in any account in which I have funds on deposit. 3.09 My co -attorneys -in -fact shall have the power to hold, invest, reinvest and otherwise deal with and manage all property in which I have any interest. 3.10 My co -attorneys -in -fact shall have the power to transfer or surrender any securities which I may own. In connection therewith, my co -attorneys -in -fact may execute in my name or on my behalf any stock power or other instrument in order to effect any such transfer or surrender. 3.11 My co -attorneys -in -fact sha into or renew any agent or custodian trust company at my expense for the i any property. This shall include the p custodian agreement, whether the agree by my co -attorneys -in -fact or by any o 3.12 My co -attorneys -in -fact sha to, and the right to enter into, any storage warehouse or other depository w registered in my name or in which any p 3.13 My co -attorneys -in -fact shall have the power to bargain for, contract for, purchase, receive, }ease or otherwise acquire in my name, for my account or on my behalf property of any kind, real or personal, tangible or intangible, including, but not limited to, United States Treasury Bills, Notes, Bonds and other obligations of the United States Government or any of its agencies which may be used, pursuant to §6312 of the Internal Revenue Code and the Regulations thereunder (as the same may be in effect from time to time), in payment of the tax imposed by §2001 of said Code as it may be in effect from time to time. 1 have the power to enter greement with any bank or estmeht or safekeeping of wer torevoke any agency or ent ia entered into by me, leer person. have unresitricted access safe deposit box, vault, ich I may own, which may be rpperty may be held for me. Ik 3.14 My co -attorneys -in -fact shall have the power to prepare, make, execute and file any and all federal, state, local or other tax returns, claims for refunds or declarations of estimated tax. This power shall include the power to represent me (directly or through attorneys, accountants or other agents) in any matter before the Internal Revenue Service or any other federal, state or local agency. In connection with such representation, my co -attorneys -in -fact may execute consents extending the statutory period for the assessment or collection of taxes, may pay all taxes and interest thereon which I may properly owe or which may be assessed against me and may contest the validity of any proposed assessment. 3.15 My co -attorneys -in -fact shall have the power to execute, seal, acknowledge and adeliver sable orany expedientwith respect instruments, documentsor to any ers deemed necessary, property. 3.16 My co -attorneys -in -fact may act in all matters with ith respect to all powers described herein as freely, fully effectively as I could or might do personally if present and of sound and disposing mind. SECTION 4. Ratification: Use of Photocopy: Revocation of Prior Powers 4.01 I hereby ratify, allow, acknowledge and hold valid all rsuant to this power. acts taken by my co -attorneys -in -fact 4.02 I hereby authorize the use o: Power of Attorney, in lieu of the origi the purpose of effectuating the terms e 4.03 Notwithstanding any other pr of Attorney, my co -attorneys -in -fact si hereunder with respect to any act, pow relating to any person, matter, transa< or in my custody as a trustee, custodia other fiduciary capacity. a photocopy of this General al copy executed by me, for d provisions hereof. ision of this General Power 11 have no rights or powers Lduty, right or obligation ion or property owned by me �j peraonal representative or 4.04 I hereby revoke, annul and cancel any and all general powers of attorney previously executed by me, if any, and the same shall be of no further force or effect. However, I do not intend in any way in this instrument to affect, modify or terminate any special, restricted or limited power or powers of attorney I previously may have granted in connection with any banking, borrowing or commercial transaction. 4.05 This General Power of Attorney is executed and delivered in the State of Colorado, and the laws of the State of Colorado shall govern all questions as to the validity of this power and as to the construction of its provisions. Fri 4.06 This instrument is to be construed and interpreted as a general power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to my co -attorneys -in -fact. IN WITNESS WHEREOF, I have executed this General Power of Attorney this Ith day of ►i� , 1994. STATE OF COLORADO ) ) COUNTY OF BOULDER ) !---.......5.,<: The foregoing instrument wa acknow�edge�Ib o e eothis rn day of 994, by Donaltt.,4 S `I Yd� . t (. _! , Notary P My commission expires: \N•ly • ql{ 1.4 w SPECIMEN SIGNATURE OF Co - 1IC's: aka t411 -as pa ,,r':_;r 14, torneys-IN-FACT CHARLES D. SAX ION ATTORNEY -IN -FA rh KEN ETH L. BACHMAN ATTORNEY -IN -FACT - 4 - REFERRAL LIST NAME: Gary Tuttle, Tuttle Applegate, Inc. CASE NUMBER: CompAmend 1-6 REFERRALS SENT: November 28, 1994 REFERRALS TO BE RECEIVED BY: December 2, 1994 COUNTY X Attorney _ Health Department Extension Service Emergency Management Office X Sheriffs Office X Public Works X Housing Authority Airport Authority Building Inspection STATE Division of Water Resources Geological Survey Department of Health X Department of Transportation Historical Society Water Conservation Board _Oil and Ga Consety Sr —OW tb" Wt FIRE DISTRICTS Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 La Salle F-9 X Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 Poudre Valley F-15 Raymer F-2 Southeast Weld F-16 Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 ssion OTHER _Central Colo. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. X Tri-Area Planning Commission X Barbour Ponds I r ST Omit\ �4ryn c # TOWNS and CITIES Ault Brighton X Broomfield X Dacono Eaton X Erie Evans X Firestone Fort Lupton X Frederick Garden City Gilcrest Greeley Grover Hudson Johnstown Keenesburg Kersey La Salle Lochbuie X Longmont X Mead Milliken New Raymer Northglenn Nunn Pierce Platteville Severance X Thornton Windsor COUNTIES Adams X Boulder Larimer FEDERAL GOVERNMENT AGENCIES US Army Corps of Engineers USDA -APHIS Veterinary Service Federal Aviation Administration Federal Communication Commission SOIL CONSERVATION DISTRICTS Brighton Fort Collins Greeley Longmont West Adams COMMISSION/BOARD MEMBER X Judy Yamaguchi ER Civic Center NOW�p City of - Wee Thornton -9500 C vic Center Drive P.C. Rox 201220 I horntor, Colorado 80229-1220 December 6, 1994 Monica Daniels -Mika Weld County Administrative Offices Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: CompAmend 6-1994 Dear Ms. Daniels -Mika: We have received the materials submitted regarding an amendment to the I-25 Mixed Use Conceptional Plan located east of Weld County Road 1, north of Weld County Road 201/2 and south of the railroad grade. Upon review, we find that we have no comment on this project. Thank you for the opportunity to comment on this project. If you have any questions, please contact my office at (303) 538-7681. Sincerely, G. Coulter Hooker Development Review Manager cc: File (MISC. Referral/1994 general file) "The City of Planned Progress" I DEC 1994 r COLORADO mEmoRAnuum Monica Daniels -Mika, Long Range Planner Dec. 6, 1994 To Date a, From Don Carroll Subject: Case No. CompAmend 6-1994 I-25 Mixed Use Conceptional Plan: I have reviewed the application and have the following comments on the site. This particular section of land does not have a road improvement agreement with Weld County to access to WCR 20.5. If this section is being incorporated into the gravel operation, we require the applicant to utilize the existing access point granted. cc: Commissioner Kirkmeyer Road 20.5 Case No. CompAmend 6-1994 L ), f,\, , DEC 31994 -.•• °aynenjrie. 4iti;44,` COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Date: November 29, 1994 CASE NUMBER: CompAmend 6-1994 TO WHOM IT MAY CONCERN: Enclosed is an application for an -amendment to the I-25 Mixed Use Conceptional Plan. The parcel of land is described as southeast quarter of the railroad grade of Section 7, the northwest quarter and the northeast quarter of Section 18, the northwest quarter of the railroad grade of Section 17, all of Township 2N, Range 68W of the 6th P.M. Weld County Colorado. The site is a 450 acre parcel located east of Weld County Road 1, north of Weld County Road 20-1/2, and south of the railroad grade. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please call Monica Daniels -Mika ,Long Range -Planner, on or before December 13, 1994, if you have any questions about the application. Check the appropriate boxes below and return to our -address listed above. 1. We have reviewed this request and fed that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and fed no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed: \1 ^+r< - Date: \'a.— - C\\ - Agency MOUNTAIN VIEW FIRE PROTECTION DISTRICT 9119 COUNTY LINt ROAD LONGMONT, CO 80501 COLORADO Date: November 29, 1994 TO WHOM IT MAY CONCERN: DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: CompAmend 6-1994 Enclosed is an application for an amendment to the 1-25 Mixed Use Conceptional Plan. The parcel of land is described as southeast quarter of the railroad grade of Section 7, the northwest quarter and the northeast quarter of Section 18, the northwest quarter of the railroad grade of Section 17, all of Township 2N, Range 68W of the 6th P.M. Weld County Colorado. The site is a 450 acre parcel located east of Weld County Road 1, north of Weld County Road 20-1/2, and south of the railroad grade. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please call Monica Daniels -Mika ,Long Range Planner, on or before December 13, 1994, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 4. 5. Signed: Date: p.r 1 � �- We have reviewed the request and find no conflicts with our interests. `"Lotto l A formal recommendation is under consideration and will be submitted to you prior to Please refer to the enclosed letter. Agency "--TC:WI1/41 OF Ett(E ji IIr DEC 0199>: DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION Civic Center Complex / Longmont, CO 80501 (303) 651-8330 / FAX # (303) 651-8696 December 14, 1994 Ms. Monica Daniels -Mika, Long Range Planner Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: CASE NUMBERS: COMPAMEND 1-1994, 2-1994, 3-1994, 4-1994, 5-1994, 6-1994 `, DEC 1994 f Dear Monica: Thank you very much for sending the six proposed comprehensive plan amendments to the I-25 Mixed Use Development Area to the City of Longmont for our review and comment. The City will comment on these applications as a group since many of our comments relate to more than one application. Also, the applications indicate that "through their consultants, the landowners have coordinated the planning effort in terms of the road network and compatible land uses." These six applications will add 1,453 acres± to the approximately 7,000 acre I-25 Mixed Use Development Area. They expand this area to the south and west. The proposed expansion goes west to County Line Road south of the St. Vrain River and goes west to the City limits north of SH119 (See attached map). The proposed land uses are Low Density Residential, Medium Density Residential, and Open Space. The applications do not provide a breakdown of the proposed acreage by land use category. The applications indicate that the Weld County Comprehensive Plan Advisory Committee did discuss these proposed expansions "...but declined to take any action because the committee did not wish to entertain requests from individual property owners." The City of Longmont concurs with the action of the Weld County Comprehensive Plan Advisory Committee. We do not believe that the applications have demonstrated they comply with Weld County's criteria for amending the Weld County Comprehensive Plan. Particularly, the City does not believe they have demonstrated that the amendments "will not place a burden upon existing or planned service capabilities." Consequently, the City of Longmont requests that Weld County deny these applications. You will note that many of the City's comments on these applications follow closely to our comments on the Weld County Comprehensive Plan update itself. Buffers The City of Longmont is very interested in preserving a buffer of agriculturally zoned property between Longmont and the I-25 Mixed Use Development Area. This buffer would provide for the physical separation between the City and the urban development within unincorporated Weld County. Consequently, the City of Longmont previously commented that we would not want to see this area enlarged: particularly along the SH119 corridor. The City prefers that Weld County reduce the size of the I-25 Mixed Use Development Area. The proposed expansion to the I-25 Mixed Use Development Area abuts the existing City limits north of SH119. There would be no buffer. Again the City of Longmont requests that Weld County consider actually reducing the size of the adopted I-25 Mixed Use Development Area to east of the St. Vrain River and Boulder Creek confluence (while honoring existing development approvals) rather than expanding it further to the west. Self-sustaining community Longmont would like to see the I-25 Mixed Use Development Area develop as a self-sustaining community with a balance of residential, commercial, office, and industrial land uses and with the ability to provide a full range of urban services to future residents. Having the I-25 Mixed Use Development Area be a self-sustaining community would reduce the impact development in this area may have on other communities' facilities. Longmont is concerned that if the I-25 Development Area develops without a full range of urban services that Longmont's facilities will be burdened. Previously we shared with you some rough estimates of population (28,330) that Weld County may see if the adopted I-25 Mixed Use Development Area builds out. We also shared with you some of the transportation impacts that we see occurring. The buildout of the adopted area will create a separate urban community. Yet the adopted I-25 Mixed Use Development Area does not locate basic public facilities such as collector streets, schools, or parks. The proposed amendments do not locate these facilities either. Without planning an arterial and collector street system to serve the I-25 Mixed Use Development Area, Weld County will not be in a position to ensure that developers make the necessary street dedications, connections, and improvements so that the planned transportation system will be able to accommodate the planned land use. The applications state that the St. Vrain Valley School District provides education in this area and has schools located in Mead and the Tri-Towns. As the area grows, the District may decide to also build schools in the I-25 Mixed Use Development Area. The existing schools in Mead and the Tri-towns will not be able to accommodate the students that the adopted I-25 Mixed Use Development Area will generate. There will need to be school sites within this area to handle these students. Therefore, it is important to plan and locate school sites (elementary, middle, and 2 2: high) to serve the adopted I-25 Mixed Use Development Area. The proposed expansion only will increase this burden. There is considerable Open Space designated within the I-25 Mixed Use Development Area. However, there are no designated parks for more active recreation: parks that will provide lighted ball fields for example. Residents of urban areas expect facilities for more active recreation such as league softball. Longmont plans its parks facilities to handle the buildout of the Longmont Planning Area. We have not planned our parks facilities to accommodate the estimated 28,330 people who will live in the I-25 Mixed Use Development Area. Again, the proposed amendments will add to this burden. Many communities (including Longmont) attempt to co -locate elementary schools and neighborhood parks on collector streets. Many communities also try to locate high schools and community parks (parks with lighted ballfields capable of handling league sports) on arterials and at the edge of residential neighborhoods rather than in the middle of residential neighborhoods. Without planning and locating school and park sites within the I-25 Mixed Use Development Area, Weld County will not be in a position to ensure that developers make the necessary dedications or payments -in -lieu so that the planned school and park sites are located to serve the planned land use. Other Services It is important to analyze the impacts that the buildout of the adopted I-25 Mixed Use Development Area may have on the type and demand for other services. For example, fire fighting equipment and techniques for urban development can be different than those for rural development. The Mountain View Fire Protection District serves this area. It is important to determine what changes it may need to make to its operations, its need for additional and/or different equipment (both fire and EMS), and its need for additional fire stations to serve an urban community: particularly an urban community where response times from existing facilities will be quite different than what they may be today. A similar evaluation may be useful for Weld County to undertake for the services it directly provides. For example public safety and general governmental services. It may be that the urban densities within the I-25 Mixed Use Development Area will require a different level of service than the Weld County Sheriff provides for the more rural areas of Weld County. With an estimated population of 28,330, it's quite possible that Weld County will need to establish a satellite office facility to provide better service to the residents of the I-25 Mixed Use Development Area. The applications do not discuss these burdens either. Special Districts It does not appear that all the areas of proposed expansion are located within the St. Vrain Sanitation District and the Left Hand Water District. The City believes it is in appropriate to 3 expand the I-25 Mixed Use Development Area (with planned urban densities) to include properties not currently within both these districts. Such action just promotes urban sprawl. Scenic Entry Corridors The City of Longmont has designated a scenic entrance corridor along SH119 into the City. Components of these corridors include increased setbacks, access control, landscaping, signage, lighting, screening, and fencing. Developing and maintaining an improved visual image along a major transportation corridor for both the City and the I-25 Mixed Use Development Area is a benefit to both. Several of the proposed applications include frontage along SH119 and do not incorporate these scenic entrance corridors. Primary Greenways/Trails The City of Longmont is developing a primary greenway trail and park system along the St. Vrain for the enjoyment of area residents. In our comments to Weld County as part of the Weld County Comprehensive Plan update, the City supported the open space designation along St. Vrain Creek and Boulder Creek so that there can be extensions of the open space planning of both our jurisdictions. Coordinated planning can ensure consistency in terms of trail alignment, public access, and corridor facilities such as parking and other trailhead facilities. The City of Longmont's planning for the St. Vrain Greenway indicates that the main trail will be on the south side of the St. Vrain west of WCR1. The City of Longmont also has designated Spring Gulch as a primary greenway. We request that Weld County continue this designation within unincorporated Weld County. A primary greenway along Spring Gulch can provide an important link between the St. Vrain River and Union Reservoir Recreation Area. The draft Longmont Area Comprehensive Plan does include a strategy to "explore the use of abandoned railroad rights -of -way for opportunities to serve alterative modes of transportation." The abandoned railroad right-of-way that goes between Boulder Creek and the St. Vrain also could provide an important link between these two trails. The City of Longmont respectfully suggests that Weld County evaluate having a trail along this abandoned right-of-way as well. Union Reservoir Previously, the City has requested that Weld County ensure that any development planned near Union Reservoir be compatible with the recreation facilities the City is developing there: taking into consideration public access and buffering between development and the recreational facilities near the reservoir. One of the proposed expansions includes 143 acres of Medium Density Residential just east of McLane/Western and south of Union Reservoir. The City reiterates this concern. The City also is concerned about the location of this proposed expansion to the dam's breach flood area. The applications provide no information on these items. 4 In conclusion, the City requests that Weld County deny the proposed requests for expansion of the I-25 Mixed Use Development Area. This expansion eliminates any buffer between the City of Longmont and urban development within unincorporated Weld County: a critical concern to the City. The applications also have not demonstrated that they will not place an additional burden upon existing or planned service capabilities (including services that the City of Longmont provides): one of the three review criteria for approving a comprehensive plan amendment. If you have any questions about this referral response, please call Brien Schumacher at 651-8330. Thank you again for the opportunity to comment on these applications. Sincerely, Brad Schol Planning Director xc: Phil DelVecchio, Community Development Director Brien Schumacher, Planner II File: #2049-2b, #2049-2c, #2049-2d, #2049-2e, #2049-2f, #2049-2g 5 1-25 MIXFE"- USE OEVELUPMf. 4 T AREA CONQtriTUAL LAND US- PLAN i ♦ND list ACTIVITY LDR —Low Density Residential MDR —Medium Density Residential HDR—High Density Residential MH —Mobile Homes C —Commercial 0 —Office I —Industrial RT —Race Track OS —Open Space 4000 2000 0 4000 SANBORI RES. WCR 28 U I r M cr:, MUWGAN� • RES. IMDR �WCR 24 _.749 P02 DEC 15 '94 09:54 TOWN OF FREDERICK Post Office Box 435 Frederick, Colo. 80530 Telephone: (303) 833-2388 Metro: (303) 659-8729 December 14, 1994 Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80621 ATTN: Ms. Monica Daniels -Mika RE: Comprehensive Amendments 1 thru 6 1994 Monica: The Town of Frederick has reviewed the six proposed amendments to the Weld County Comprehensive Plan for the I-25 Mixed Use Development Area. We are opposed to the approval of these amendments at this time for the following reasons: 1. None of the governmental agencies responsible for providing infrastructure and services are in any position to serve these areas adequately. 2. The Weld County Comprehensive Plan is now being reviewed and much of the discussion has been on reducing the size of the I-25 Mixed Use Development Area not increasing its size. The Town of Frederick feels that the area from County Road 7 to County Road 1 should remain undeveloped either as open space or retained as agricultural land. It is imperative that a buffer zone be established between the Del Camino Area and the City of Longmont and that the St. Vrain River be preserved as open space. 3. Most of the land already designated in the I-25 Mixed Use Area has not been developed. There is absolutely no need to expand the area. There is nothing unique about the proposed amendments that is not already designated in other areas that make more sense to develop. 4. The Division of Local Governments has suggested that a regional conference of the governmental entities in this area be convened in 1995 to discuss regional planning along the I- 25 Corridor. The Town of Frederick believes that this process should be given a chance to occur. a t Very truly yours, es aT Edward J. Tagliente Mayor DEC 15 '94 88:47 PAGE.002 J�� STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 4 1440 2nd Street P.O. Box 850 Greeley, Colorado 30632-0850 (303) 353-1232 Weld Co., Vicinity SH 119 Amendments to I-25 Mixed Use Conceptional Plan (6 sites) WCR 1 to WCR 7, N. and S. Sides W. of Del Camino January 4, 1995 Ms. Monica Daniels -Mika, Long Range Planner Department of Planning Services Weld County Administrative Offices 1400 N. 17th Ave. Greeley CO 80631 Dear Monica: . 4v Planning We have reviewed the package of six proposed amendments to the I-25 Mixed Use Conceptional Plan. The comments offered are general in nature, and should he applied to all proposals. ACCESS and TRAFFIC IMPACTS Due to the size of the parcels and their ultimate development, we recommend careful review of the infrastructure - most importantly to the Department, the impacts of traffic upon the state highway system and accesses to it. Traffic studies should be required as appropriate, and provided for our review during the standard County referral process. An overall study may be desirable, since the parcels arewithina 3+ mile radius. Since all access to the SH 119 is governed by the State Highway Access Code (SHACode), it is vital that all proposals for access be planned in accordance with the Code. That includes new private and public direct access and existing access by way of the public street system. Access permits will be required for any improvements or additional access, and should be obtained from this office. Section 2.10.4 of the SHACode states: Vehicular use and operation of public accesses (county roads and muinicipal streets) to the state highway is the responsibility of the appropirate local authority. The local authority should maintain access conformance with the code to the extent feasible and practicable within statutory and public funding limitiations. The local authority may fund any necessary improvements by requiring contributions from the primary users of the access or as off -site subdivision improvements necessary for the public safety pursuant to section 30 -28- 133 -and 133.1, C.R.S. and section 31-23-201 to 227, C.R.S., Ms. Monica Daniels -Mika January 4, 1995 Page 2 Amendments to I-25 Conceptional Plan or other available public funds. ROW Access to SH 119 is controlled by deed. Changes of openings and oftentimes the use of those openings requires authorization by the ROW unit. The review process must be initiated through Mr. Bob Grube, ROW Supervisor. He can be contacted at (303) 350-2152 for a description of that requirement. In your County process please be reminded that Section 2.9.3 of the SHACode requires that all highway access improvements including pavement, curbs, gutters, sidewalks, drainage structures, ditches, and auxiliary lanes, shall be on public right-of-way. Property required for highway access improvements shall be dedicated without cost to the Department. ROW corner clearance and clear zone issues should receive close consideration. DRAINAGE The highway drainage system is for the protection of the state highway ROW and is not intended to accommodate drainage from abutting properties or from development in the area of the highway beyond that which has historically been accepted. Therefore, on -site detention of surface run-off should be provided so that the historical rate will not be exceeded. NOISE The potentially negative impact of highway traffic noise should be considered, especially for residential developments. Upon development referral review, the Department will provide a minimum noise setback. In addition, the Department recommends that insulation of the walls and double glazing of the windows exposed to the highway be required. If appropriate measures are not taken to mitigate traffic noise impacts, the property may not qualify for a state -funded noise abatement project, if funds for such a project at his location were to become available. Our comments are based upon the submittals as received December 2, 1994. You stated today that the proposals have been continued until March. Due to the general nature of my comments, I believe these remarks should remain valid. Thank you for the opportunity to review the package of proposed amendments to the I-25 Mixed Use Conceptional Plan. Please contact me at (303) 350-2163 if you have any questions or Ms. Monica Daniels -Mika January 4, 1995 Page 3 Amendments to I-25 Conceptional Plan if I can further assist you in stressing the importance of these concerns. Sincerely, Te G. Jones Region Develo t/Access Coordinator TGJ xc: M. Fanning G. Hice-Idler file 3C Town of Mead P.O. Box 626 Mead, Colorado 80542 (303) 535-4477 December 22, 1994 Monica Daniels -Mika, Long Range Planner Department of Planning Services Weld County Administrative Offices 1400 N 17th Ave. Greeley, CO 80631 3661 s Nvr .1\1' L ((/.4\ ve,51 � RE: Donald Sherwood— I-25 Mixed Use Conceptional Plan - CompAmend 1994-6. Dear Monica: I have reviewed the requested "Comprehensive Plan Amendment" for Donald Sherwood referred to the Town of Mead. This "low density residential" site is outside of the Town's current comprehensive plan area. Therefore we do not expect a direct impact of the propsed change upon the Town. Altough there does not appear to be a direct conflict with our interest, I am concerned that the development is outside of an incorporated municipality. I believe that development within the I-25 Mixed Use Development Area is more appropriate within a municipality than as a collection of county subdivisions. Wheither this should be a new municipality, or incorporated in an existing municipality, such as Longmont, Mead or Fredrick is not that important. The important consideration is the provision of services (utilities, law enforcement, streets, planning) at the local level, instead of at the county level. Low density residential would appear to be a.logical use of the property if it were incorporated in a municipality. It is for this reason that I cannot support the proposed change. Thank you for the opportunity to comment on the proposal. If there are any questions, I may be contacted at (303) 532-3248 Sincerely, ; Gary st Circui ider City Manager .-7 ‘atz;1 "Dc. COLORADO I,', op 199P ? FITMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Date: November 29, 1994 CASE NUMBER: CompAmend 6-1994 TO WHOM IT MAY CONCERN: Enclosed is an application for an amendment to the 1-25 Mixed Use Conceptional Plan. The parcel of land is described as southeast quarter of the railroad grade of Section 7, the northwest quarter and the northeast quarter of Section 18, the northwest quarter of the railroad grade of Section 17, all of Township 2N, Range 68W of the 6th P.M. Weld County Colorado. The site is a 450 acre parcel located east of Weld County Road 1, north of Weld County Road 20-1/2, and south of the railroad grade. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please call Monica Daniels -Mika ,Long Range Planner, on or before December 13, 1994, if you have any questions about the application. Check the appropriate boxes below and -return to our address listed above. 1. We have reviewed this request and fmd that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. 4. We have reviewed the request and fmd no conflicts with our interests. A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed l Date: �2 6_-.:10C-12-2-0- W 1ty,2c� (41 Agency a,-1,(Q__L[i (Niel( Yv " 6-95 M0N 10:34 GBLG, P.C. FAX NO. 3037726105 P. 02 gete,z o (3 03)776-957D 776-9570 cSt. (Main cSanitation L�ist'LiIE (cSa(nL San) March 3, 1995 515 iththark Street Suite 9 xxxnstx�x _Can oni, dcn 80;0) Ms. Monica Daniels -Mika, Long Range Planner Department of Planning Services Weld County Administrative Offices 1400 N. Seventeenth Avenue Greeley, Colorado 80631 is 1 through 6 to the I-25 Mixed Use Development Area Re: Amenn in the Weld County Cal¢rehensive Plan Dear Monica: This District has reviewed referenced amendments and recaimends their approval. AI1.ezidments No. 1, 2, 4, 5 and 6 areas can best be served (i.e. without a lift station) by a line extension off the existing 15 -inch trunk line along Colorado Highway 119 west of St. Vrain Creek. This iline has 3 ample capacity to serve the proposed level of development. area would be served by the existing 12 -inch trunk line along Colorado Highway 119 west of Weld County Road 3-1/2. This line also has more than ample capacity to serve the proposed development. These proposed developments would benefit this District by providing connection and operating revenues to reduce its debt, and thereby decrease property tax, and increase efficiency. This would be beneficial to the entire area. These proposed amendments would also greatly benefit the I-25 Mixed Use Development Area. For the most part, they provide for natural terrain �e boundaries to the Area, rather than County roads with development on side and a farm on the other. They also put the mined area along St. Vrain tewk and uponreek to ts best use. mining and This terarea requires continuing requxired reclamation. To stewardship ohuP pests, and do otherwise is to invite illegal dumping, noxious weeds, p general nuisance. Lastly, this District wishes to commend Weld County on its 1-25 Mixed Use Development Area. Prior to its adoption, the area growth was unplanned and chaotic. When future development pressures were perceived aco rrectly major 1-25 interchanges, area residents and Weld County .Goverr m and subject to con- cluded that future growth most be comprehensively planned 03/06/95 10:40 \11 MAR 0 6 1995 ottaeninv TX/RX NO.0141 P.002 .<� 6-95 MON 10:33 G& G, Y.C. FAX NO. 3037726105 2.01 Ms. Monica Daniels -Mika, Long Range Planner March 3, 1995 Page 2 development standards, hence, the I-25 Mixed Use Development Area. while critics might say they would have liked a little more of this or a little less of that, since its adoption, development has been well planned and of the highest quality. bhould you have eiiy aiue.tionm, ploanc do not hooitatm to contact we. Very truly yours. ST. VRAIN SANITAT{ON DISTRICT LDL:mcj cc: Mr. Gary Tuttle Tuttle Applegate, Inc. Mr. Vern Nelson Nelson Engineers By P.E. L. D. Lawson, Manager Post -it' Fax Note 7671 To No.>tei, mat vh°n« 41m0S 157 Fax 1 . 03/06/95 10:40 1 CA Date S_4_ Ki aisefr 2 From d�^ LJp4 co. SI. Q1Ala A .b. Phcne # 776 - W O 972 -!.)OS Fax R TX/RX NO.0141 P.001 SIERRA CLUB 1A MAR 0 - 1995 INDIAN PEAKS GROUP 10077 E. County Line Rd., Longmont, CO 80501 February 26, 1995 Planning Commission, Weld County Monica Daniels -Mika, Long Range Planner Department of Planning Services 1400 N. 17th Ave Greeley, CO 80631 Dear Commissioners and Ms. Daniels -Mika; I am writing this letter on the request of the Conservation Committee of the Indian Peaks Group of the Sierra Club. The Indian Peaks Group is composed of 3,700 members. Our members reside in Boulder County and western Weld County. The Conservation Committee has followed with interest your efforts to update the Weld County Comprehensive Land Use Plan. As a part of that effort we understand you will in the near future take action to approve or disapprove numerous proposals from private property owners which could significantly expand the Weld County Mixed Use Development Area. We hope that environmental and other impacts of any large scale revision to the Weld County Comprehensive Land Use Plan will be carefully considered. The group of eight proposals recently received by your planning staff could add approximately 7,000 acres to the existing 5,000 acres planned for urban development. The environmental impact of the population increase which could ultimately follow such an addition could be enormous. We urge Weld County to reject this unwise land use change. The proposals would, if approved: 1. Radically alter the growth patterns of Southwestern Weld County from one which presently encourages growth to occur in cities and along the interstate and state highway corridors to one which encourages urban sprawl onto productive farmland and adjacent river, flood plain and wetland areas; 2. Threaten wildlife and increase air, stream and ground water pollution along the Boulder and St. Vrain Creeks; 3. Infringe upon the open space envisioned in the Longmont Comprehensive plan and thereby act at counter purpose to the strategy of separation of cities by private and publicly owned open space areas set aside for environmental preservation, wildlife and recreation; 4. Unwisely create a "development entitlement" on land not presently in the path of development nor contiguous with other developed land thus exposing Weld County to a damage suit should the County at a future date for any reason wish to down zone the subject land; 5. Severely strain the limited and already strained infrastructures such as roads, sewer, water, fire protection, police, schools and health services. 6. Unfairly place the burden of paying for the costs of a major new population center upon the existing residents of adjoining cities and rural areas. A major decline in quality of life and service levels presently experienced by Weld county residents would be accompanied by a major increase in their cost of living. We hope you will work with our group as you proceed with your Comprehensive Plan update. Perhaps we can make some suggestions to better balance the envisioned residential, commercial, industrial, recreational and transportation functions of the present Mixed Use Development Area with the needs of conservation and the environment Sincerly, Sierra,Club, Indian Peaks Group i Jim Wiegand, Co -Chair, Lon cc Ron Stewart, Boulder County Commissioner Froda Greenberg, Long Range Planner, City of Longmont County Commissioners, Weld County ont Committee cc COLORADO &I 4014 DEPARTMENT OF PLANNING SERVICES NOTICE OF PUBLIC HEARING PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 The Weld County Planning Commission will hold a public hearing on Tuesday, December 20, 1994, at 1:30 p.m. for the purpose of considering an amendment to the I-25 Mixed Use Conceptional Plan for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Gary Tuttle, Tuttle -Applegate, Inc. LEGAL DESCRIPTION: The SF4 of the railroad grade of Section 7, the NW4 and the NE4 of Section 18, the NW4 of the railroad grade of Section 17, all in T2N, R68W of the 6th P.M., Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: An amendment to the I-25 Mixed Use Conceptional Plan. LOCATION: East of Weld County Road 1, north of Weld County Road 20-1/2, and south of the railroad grade. SIZE: 450 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 20, 1994. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631. Please call Sharyn Ruff, at Phone # (303) 353-6100, Ext. 3540, or Fax # (303) 351-0978, 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.' Richard Kimmel, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by December 8, 1994. Received by: / 2 w A (7 n Date: i7 its Wi�Yc. COLORADO DEPARTMENT OF PLANNING SERVICES NOTICE OF PUBLIC HEARING PHONE (303) 353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 The Weld County Planning Commission will hold a public hearing on Tuesday, March 21, 1995, at 1:30 p.m., for the purpose of considering an amendment to the I-25 Mixed Use Conceptional Plan for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Gary Tuttle, Tuttle -Applegate, Inc. LEGAL DESCRIPTION: The SE4 of the railroad grade of Section 7, the NW4 and the NE4 of Section 18, The NW4 of the railroad grade of Section 17, all in T2N, R68W of the 6th P.M., Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: An amendment to the I-25 Mixed Use Conceptional plan. LOCATION: East of Weld County Road 1; north of Weld County Road 20-1/2, and south of the railroad grade. SIZE: 450 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on March 21, 1995. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631. Please call Sharyn Frazer, at Phone # 353-6100, Ext. 3540, or Fax # (303) 352-6312, 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." Richard Kimmel, Chairman Weld County Planning Commission To be published in the Windsor Beacon To be published one,(1) time by March 2J 1995. Received by: l- _ t - Date: //1' 11 ) NOTICE OF PUBLIC NwAR- "AG The Weld County Planning Conirivion vOl hold a public hearing on Tuesday, March 21, 1995, at 1:30 pm.. for the pur- pose of considering an amend- ment to the 1-25 Mixed Use Conceptional Plan for the prop- erty described below. Approval of the request may create a vested property right pursuant to Colorado Law. • APPLICANT: Gary Tuttle, Tuttle -Applegate, Inc. LEGAL DESCRIPTION:. The SE4 of the railroad grade of Section 7, the NW4 and the NE4 of Section IS, The NW4 of the railroad grade of Section 17. all in MN, R68W of the 5th RM.. Weld County„Colorado. TYPE-AND"INTENSIty OF PROPOSED USE M amend- ment to the 1-25 Mixed Use Conceptional plan. - LOCATION: East of Weld County Road 1: north of Weld County Road 20-12, end south of the railroad grade. SIZE: 450 acres, more «less. The public hearing Me be held in the Weld County Conurvssionem' Hearing Room, First Floor. Ward County Centennial Center. 915 Tenth Street. Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or pre- sented at the public hewing on March 21,1995. Copies of the application we available fa public Inspection in the Department of Planning Soothes. 1400 N. 17th Avenue, Greeley. Colorado $0631. Please al Sharyn Feder, at Phone 1353-9100. Ext. 3540. or Fax a (303) 352-312, prize to the day of the hewing so that reasonable accommodations can to made 8. In accordance with the Americana ends Disabilities Ad. you We spa. dal accommodations in order to participate In tiva hearing as • result of • disability.' RIchotl Knrrul, Chairman Weld County Planning Commission To be published in the Windsor Beacon • To be published -one (1) time by Published M the Windsor Orton on Moron 2.1615. AFFIDAVIT OF PUBLICATION STATE OF COLORADO 55 COUNTY OF WELD L ROGER A. LIPKER. of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said wealth, for / successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing the date of the 2,:,,c+ -day of `7-2, et" .-J A.D., 199'1 —and the last publication bearing the daze of the _day of A.D., 19_ and that the said WINDSOR BEACON has been published continuously rind uninterruptedly for the period of 5 consecutive weeks, in said County and State, prior to the date of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate printing of legal notices and advertisements, approved May 18, 1931, and all prior acts so far as in force. J �JBGSHER Subscribed and sworn to before me this, day of 19 9C NOTARY PUBLIC My commission expires Qic / '' 16? v Wi�Yc ‘a. COLORADO 12-8-94 DEPARTMENT OF PLANNING SERVICES PRESS RELEASE PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 On December 20, 1994 the Weld County Planning Commission will hear six land use applications to increase the size of the 1-25 Mixed Unit Development Area. The 1-25 Mixed Unit Development Area is a planned development area located along State Highway 119 and 1-25. Approval of all proposed amendments will require a change to the Weld County Comprehensive Conceptional L and Use Plan thereby allowing an increase of approx 1450 acres to be added to this plan. The meeting will start at 1:30 p.m. and will take place in the Weld County Commissioners' Hearing room 915 10th St. Greeley, Co. Any comments concerning these land use applications may be addressed to Monica Daniels -Mika, Long Range Planner, Weld County 353- 6100 ext 3540. Hello