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HomeMy WebLinkAbout981253.tiff ORDINANCE NO. 201 IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT FOR REFERRAL AND ENFORCEMENT PROCEDURES AND UNIFORM BASELINE STANDARDS AMONG THE COUNTY OF WELD, CITY OF DACONO,TOWN OF FIRESTONE,TOWN OF FREDERICK, AND TOWN OF ERIE 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, Title 29, Article 20, C.R.S., as amended, authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers, and WHEREAS, existing and anticipated pressures for growth and development in areas surrounding the City of Dacono, Town of Firestone, Town of Frederick, and Town of Erie indicate that the joint and coordinated exercise by the County of Weld and said municipalities of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this ordinance, and WHEREAS, Ordinance #195, adopted on March 24, 1997, compels the creation of such agreement to include the municipalities of Dacono, Firestone, Frederick, and Weld County, and WHEREAS,the attached agreement among the County of Weld, City of Dacono, Town of Firestone, Town of Frederick, and Town of Erie, also referred to as the South Weld County Land Use Plan, a copy of which is attached hereto and incorporated by this reference, has been considered and approved by said municipalities. WHEREAS, Ordinance No. 202 is under consideration concerning Coordinated Planning Agreement for Weld County, City of Dacono and Town of Erie. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that the attached agreement among the County of Weld, City of Dacono, Town of Firestone, Town of Frederick, and Town of Erie, also referred to as the South Weld County Land Use Plan, is, and shall be, approved, BE IT FURTHER ORDAINED by the Board that the Chair is authorized to sign the attached agreement. 981253 ORD201 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 No. 201 was, on motion duly made and seconded, adopted by the following vote on the 24th day of August, A. D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Constance L. Harbert, Chair Weld County Clerk to the Board W. H. Webster, Pro-Tem BY: Deputy Clerk to the Board George E. Baxter APPROVED AS TO FORM: Dale K. Hall County Attorney Barbara J. Kirkmeyer Pre-Publication: July 1, 1998 First Reading: July 15, 1998 Publication: July 22, 1998 Second Reading: August 3, 1998 Publication: August 12, 1998 Final Reading: August 24, 1998 Publication: September 2, 1998 Effective: September 7, 1998 981253 ORD201 1 .0 Uniform Baseline Design Standards 1.1 Intent: The intent of this intergovernmental agreement is to establish baseline regional standards and a uniform communication process for new development activities in a predefined area in unincorporated Weld County. These standards do not attempt to address every design related issue, rather they emphases eight major design components. These components were specifically chosen based on aesthetic and functional value to the region. Much of the emphasis of these standards is intricately related to major transit corridor patterns. The success of these standards is attainable only through a recognition of the value and land use authority of each participating community. Only working together can a region be developed which will accommodate both the land use needs of today and tomorrow. UNIFORM BASELINE DESIGN STANDARDS 1 2.0 Building Height, Orientation and Design 2.1 Intent: The height of buildings is a major factor in defining the character of an area or region. Building height can impact important views and view corridors, limit access to sunlight, increase shade, and affect the level of privacy in residential neighborhoods and developments. 2.1.1 In some areas, taller buildings may be appropriate, especially around the 1-25 Interchanges. The interchanges provide an opportunity to cluster higher density development in those areas that have the best vehicular access. 2.1.2 Since building height plays a significant role in the establishing the scale and character of an area and/or region, the building placement must be carefully considered with respect to existing structures, topography, and views. 2.2 General Guidelines: The height of a building shall be compatible with its site and existing (or planned) adjacent buildings. The relationship between height and bulk shall be considered in determining where additional height may be appropriate. 2.2.1 All maximums listed below shall require submittal of information needed for review of the following criteria: 2.2.1.1 Scale of building — combination of height and mass compared to surroundings 2.2.1.2 Views — affect on mountain views and other view corridors 2.2.1.3 Light and shadow — potential of height to affect lighting and shade on surroundings 2.2.1.4 Privacy — potential to affect existing residential uses UNIFORM BASELINE DESIGN STANDARDS BUILDING HEIGHT, ORIENTATION AND DESIGN 2 2.3 Minimum Standards Maximum Building Height (except at 1-25 Interchanges) Residential Commercial Industrial Agricultural (except at 1-25 (except at 1-25 interchanges) interchanges Principal 35' for single 50' 50" 50' Building family 40' for multi- family Accessory 15' 20' 20' 15' Building 2.3.1 Building Heights around 1-25 Interchanges 2.3.1.1 Buildings within 1,500 feet of 1-25 Interchange right-of-way, as shown in Figure 1, shall be permitted the following heights: Zone A 100 feet Zone B 75 feet Zone C 50 feet 2.3.1.2 Commercial, industrial and multi-family structures should be sited to avoid a "wall" affect along public rights-of-way and along adjacent property lines. This can be achieved by varying the building setbacks and clustering buildings. 2.3.1.3 Where multiple buildings are proposed on a development parcel, buildings should be oriented to allow views into the project as well as preserving high quality views through the project, e.g. views of the Front Range. 2.3.1.4 Avoid large square or rectangular box like structures by incorporating vertical and horizontal articulation into the building design. UNIFORM BASELINE DESIGN STANDARDS BUILDING HEIGHT, ORIENTATION AND DESIGN 3 3.0 LANDSCAPING 3.1 Intent: Landscaping is extremely important for enhancing the quality of development in the area. Trees, shrubs and other plantings add greatly to the aesthetic appeal while controlling erosion, reducing glare, moderating temperatures, buffering sounds and blocking or diverting wind. As no single landscaping plan can be prescribed for all developments due to differing land features, topography and soils, these guidelines encourage flexible and creative landscape designs. 3.1.1 Landscaping must be sensitive to the characteristics and maintenance requirements of the planting selected. Plant species that are hardy for the climate and soil conditions in the area, that can tolerate traffic, are resistant to disease and insects and whose maintenance needs can be met should be selected. 3.1.2 All improvements should consider the context of the area and the region as a whole as well as people that will use the spaces. The character of this area is defined by the views of the Front Range of Colorado and large, open expanses of undeveloped land. Development within this area should strive to fit into this open, expansive environment while creating comfortable, functional, environmentally sensitive places. The following landscape standards set minimum requirements for development within the area. 3.2 General Guidelines: 3.2.1 Landscape plans shall utilize the following xeriscape design principles to promote water conservation: 3.2.1.1 well planned and approved planting schemes; 3.2.1.2 appropriate turf selection to minimize the use of bluegrass; 3.2.1.3 use mulch to maintain soil moisture and reduce evaporation; 3.2.1.4 plant materials with similar micro climatic needs and water requirements should be clustered together when designing and installing the landscape improvements; 3.2.1.5 improve the soil with organic matter if needed; 3.2.1.6 provide for efficient irrigation; and, 3.2.1.7 proper maintenance and irrigation schedules. 3.2.1.8 The use of native species should be maximized. Where native plant material is not appropriate for the intended use or appearance, species that are regionally adapted and non-invasive may be used. Landscape improvements shall consist of a variety of species to enhance the visual aspect as well as the functional aspect (such as shading, windbreaks, etc.) of the landscaped area. A partial list of appropriate plant materials is attached for use as a guideline. Plant materials that are discouraged in this area include: Cotton bearing cottonwoods (Populus) Siberian and Chinese Elm (Ulmus) Tree of Heaven (Allianthus) Russian Olive (Eleagnus Angustifolia) Purple Loosestrife (Lythrum Salicaria) 3.2.1.9 Fescue, brome/fescue, or other drought tolerant turf types shall be used in lieu of bluegrass, where heavy foot traffic is not anticipated. UNIFORM BASELINE DESIGN STANDARDS LANDSCAPING 4 3.2.2 Buildings and parking areas should be located in a manner that will preserve existing healthy trees, of desirable species. Where feasible and appropriate, all individual trees, of a desirable species, of 4-inch caliper size or larger, and groupings of small trees shall be preserved. Site design and construction techniques shall be used to minimize the impact on those trees and assure their survival. This requirement is not intended to prevent the removal of unhealthy trees in conjunction with site development. 3.2.3 Whenever the use of a property to be developed or redeveloped will conflict with the reasonable use of an adjoining property, a buffer zone should be constructed between the two uses. The buffer may be accomplished through the use of a combination of setbacks, berming, plantings and fencing. However, in no event shall a fence be the only screening material used. The buffer shall moderate the impact of noise, light, unattractive visual elements and traffic. 3.2.4 Landscape improvements shall be integrated into the overall site design for each property. New landscaped areas should be designed and constructed in a manner that maximize their connection within the site, as well as to other natural and landscaped areas off-site. Small isolated islands of landscaping should be minimized except as required in parking lots and for screening along roadways or adjacent properties. 3.2.5 In order to provide for ongoing health and appearance of landscape improvements, all landscaping shall be maintained and replaced by the landowner as necessary. The property owner shall be responsible for proper pest control, irrigation, fertilization, pruning and other maintenance of the landscape. Plant materials exhibiting evidence of insect or disease infestation or other damage shall be appropriately treated. Dead plant material shall be removed and replaced. 3.2.6 Unless the landscape improvements were installed by the County,City/Town or other public or quasi-public entity, all property owners (or other designated entity e.g. a homeowners association)shall be responsible for maintenance of landscaping with the portion of the right-of- way between the back of curb (or edge of shoulder if no curb) and the adjacent property line. 3.2.7 Landscaping plans should be designed and constructed to minimize the loss of solar access on adjacent properties. 3.3 Minimum Standards: 3.3.1 Minimum Percent of Landscaped Area 3.3.2 All multi-family, commercial, industrial and mixed-use development parcels shall provide a minimum of twenty (20) percent of landscaped area. This area does not include building footprints, the hard surface or landscaped areas of parking lots or driveways. However, it can include sidewalks and other pedestrian paths (not within the parking lot), outdoor plazas, water features and any required landscaped setbacks. 3.3,3 The above landscaped area requirement is in addition to any public land dedication that may be required. UNIFORM BASELINE DESIGN STANDARDS LANDSCAPING 5 3.4 Landscaping Requirements for Parking Lots 3.4.1 At least ten (10) percent of the area of a parking lot must be landscaped if the lot contains 10 or more spaces. This ten (10) percent is in addition to the twenty (20) percent of the entire lot area that must be landscaped. At least seventy-five (75) percent of the required landscape area shall include living plant material. 3.4.2 Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as not to create snow traps, with allowance made for placement of the sidewalk. Grading of berms shall not be rough or abrupt. 3.4.3 Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. At least 75 percent of the length of the frontage of the parking lot must be screened. 3.4.4 Loading, service and storage areas visible from the public right-of-way or adjacent properties must be screened with an opaque screen that is an integral part of the building architecture or landscape design. Chain link fencing with slats, tires, or used building materials, are not acceptable screening. 3.5 Special Landscaping Requirements Along Primary and Secondary Roadway Corridors 3.5.1 Several roadways serve not only as travel corridors through the area, but also visual corridors. These roadways play an important role in the function and image of the community. The existing Primary Roadway corridors in the area are Interstate 25; State Highways 7 and 52; Weld County Roads 8, 13 and 24; and, Del Camino Parkway. 3.5.2 The existing Secondary Roadway corridors include Weld County Roads 11, 15, 16 and 20. 3.5.3 Other roadway corridors may be designated Primary or Secondary Corridors in future transportation planning efforts. 3.5.4 Plantings along Primary and Secondary Roadway Corridor right-of-ways should be integrated with the landscaping of the adjacent development. 3.5.5 That portion of a lot in any zone district which abuts a Primary or Secondary Corridor right-of- way shall be landscaped with a minimum of one 2 ''4 inch caliper shade tree, or one 6-foot minimum height coniferous tree, for every 40 linear feet of street frontage. Trees may be grouped with a maximum distance of 100 feet between trees or groupings, with exceptions made at entrance drives. 3.5.6 Tree plantings should be clustered or grouped along the landscaped setback to avoid a straight line of trees, unless otherwise appropriate. The effectiveness of the screening shall be increased by planting trees and shrubs in layered beds of two or more rows of plant materials, rather than a single row. A mix of coniferous and deciduous trees and shrubs shall be planted in clusters or groupings. UNIFORM BASELINE DESIGN STANDARDS LANDSCAPING 6 3.5.6.1 The minimum landscape setback along the existing Primary Roadway Corridors of 1-25, State Highway 7, State Highway 52; Weld County Roads 8, 13 and 24; Del Camino Parkway; (and future Primary Roadway Corridors) and their associated frontage roads shall be fifty(50)feet measured from the planned future right-of-way. 3.5.6.2 Along the existing Secondary Roadway Corridors of Weld County Roads 11,15, 16 and 20(and future Secondary Roadway Corridors)there shall be a minimum twenty- five(25)foot wide landscape setback measured from the planned future right-of-way. 3.5.6.3 For development adjacent to 1-25, a berm should be constructed, along the 1-25 corridor, to a height sufficient to screen elements of the development that lie along the ground plane, (e.g. parking lots, storage areas or other similar site elements) as far as 180 feet from the right-of-way line. Such berms shall have maximum side slopes of 5:1. The maximum berm height shall be 6' above the existing elevation at the foot of the proposed berm. If additional height of screening is necessary above the 6' berm, it shall be achieved through dense landscape plantings Plantings on top of the berms shall be designed to avoid snow traps. A berm may not be required if the subject property is elevated above the roadway and it can be demonstrated that views into the site will not be possible for a distance of 180 feet. 3.5.6.4 Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards within this document and any other more restrictive requirements the controlling local jurisdiction might have, i.e. Dacono, Erie, Firestone, Frederick or Weld County. UNIFORM BASELINE DESIGN STANDARDS LANDSCAPING 7 4.0 LIGHTING AND UTILITIES 4.1 Intent: Exterior lighting should be designed to meet the functional and security needs of a site or development, without adversely affecting adjacent properties. Lighting should facilitate the convenient and safe use of circulation systems and activity centers, for both pedestrians and vehicles. Lighting can also be used to enhance the appearance of the site's structures and landscaping. 4.1.1 All new electrical, cable and phone utilities should be installed underground to minimize unsightly visual impacts. 4.2 General Guidelines: 4.2.1 All light sources shall be shielded so that light will not shine onto adjacent properties or into the windows of private residential dwellings. 4.2.2 All exterior lighting shall be installed in such a manner that the light source will be sufficiently obscured to prevent excessive glare onto public streets. 4.2.3 The installation of lighting that may be confused with warning signals, emergency signals or traffic shall not be permitted. 4.2.4 Background spaces, such as parking lots, should be illuminated as unobtrusively as possible to meet functional needs of safe circulation and the protection of people and property. 4.2.5 Foreground spaces, such as building entrances, should use lighting that defines the space without distractions or glare. 4.2.6 Light standards shall be in scale with the height and use of the related structure and the style of standards and fixtures shall be consistent with the style and character of the use and architecture of the site. 4.2.7 The use of new energy efficient lighting technology, such as solar powered fixtures, is encouraged. UNIFORM BASELINE DESIGN STANDARDS LIGHTING AND UTILITIES 8 4.3 Minimum Standards: The recommended lighting levels shown below, based on the Illuminating Engineering Society's (IES) guidelines, shall be used to develop a lighting plan for all proposed uses. 4.3.1 Recommended Lighting Levels (in foot candles—one foot candle is equal to one lumen uniformly distributed over an area of on square foot) Residential Commercial Industrial Agricultural Building Area 0.5 - 0.8 1.0 1.0 N/A Walk/Paths 0.2 1.0 0.6 0.2 Parking Lots 0.6 - 1.0 1.0 - 2.0 0.6 - 1.0 N/A Street Lighting 0.3 - 0.4 0.8 - 1.2 0.6 - 0.9 0.3 - 0.4 Loading Docks N/A 2.0 2.0 N/A 4.3.2 Underground Utilities: All utilities installed as part of new development shall be installed underground. UNIFORM BASELINE DESIGN STANDARDS LIGHTING AND UTILITIES 9 5.0 SETBACKS 5.1 Intent: The setback of buildings, structures, or parking lots along streets and roadways is an important component in creating a visually pleasing and sensitive edge treatment for development. Variation from a uniform building or parking lot alignment along streets and roadways is generally appropriate, to add interest to the street scape; however, where there is a strong and established character of alignment, it may be more appropriate to align with existing building facades, fences or parking lots. Setbacks can also be used to provide space for buffering structures and/or parking lots from streets and public rights-of-way where needed. 5.2 General Guidelines: In newly developed areas, encourage variation of building setbacks to add interest and/or improve the appearance of the street scape, allow for differences in building height and mass, or to accommodate natural or man-made constraints such as topography, existing trees or utility lines. 5.2.1 In developed areas, where there is an established and identifiable setback, new development shall be designed to align with existing setbacks, to the extent practicable. 5.2.2 Setbacks shall be measured from the edge of the future street right-of way. 5.2.3 Setbacks shall be landscaped and where additional screening is needed, berming shall be incorporated into the setback (see Landscaping Section). 5.2.4 Signage placed within landscaped setbacks shall be integrated into the design of the site's frontage and conform to baseline sign standards (see Signs Section). 5.2.5 When above ground utility facilities (i.e. vaults, pedestals, etc.) are proposed within a landscaped setback, such facilities shall be placed in a location and manner that allows for screening of the facilities, while providing adequate access to such facilities. 5.2.6 Locating parking lots between the front of the building and the public right-of-way is discouraged. Parking lots should be located on the sides or behind buildings. 5.3 Minimum Standards: The following setbacks shall be required and shall be measured from the edge of future right-of-way and shall apply, whether the setback is a front, rear or side setback: Setbacks from 1-25 Mainline/Frontage Road Residential Commercial Industrial Agricultural Buildings 300' 150' * 150' * 150' Commercial Parking 250' 50' 50' 50'* Lots UNIFORM BASELINE DESIGN STANDARDS SETBACKS 10 * The building setback may be reduced to 100 feet if an additional 50' of landscaping is installed, for a total of 100' landscaped buffer (See Landscape Guidelines). 5.4 Setbacks from Primary Roadway Corridors (All designated Primary Roadway Corridors and State Highways 7 and 52, Weld County Roads 8, 13, 24 and Del Camino Parkway) Residential Commercial Industrial Agricultural Buildings 100' 100' * 100' * 100' Commercial Parking 50' 50' 50' 501* Lots * The commercial and industrial setbacks may be reduced to 75 feet if an additional 25 feet of landscape buffer is installed. 5.5 Setbacks from Secondary Roadway Corridors (All designated Secondary Roadway Corridors and Weld County Roads 11,15, 16, and 20) Residential Commercial Industrial Agricultural Buildings 50' 50° * 50' * 50' Commercial Parking 50' 25' 25' 251* Lots 5.6 Setbacks from Existing or Planned Residential Areas Between New Between Between Between Multi-family New New New and Existing Commercial Industrial Agricultural SF or MF and Existing and Existing and Existing or Planned or Planned or Planned Residential Residential Residential Buildings 35' 50' * 50' * 25' Parking Lots UNIFORM BASELINE DESIGN STANDARDS SETBACKS 11 6.0 SIGNS 6.1 Intent: The following sign controls are intended to protect and preserve the visual quality of the roadways within Southwest Weld County. The controls are intended to prevent the visual obstruction and interference of vehicular traffic from improperly placed and designed signs. These guidelines address the magnitude, placement and number of signs. 6.2 General Guidelines: 6.2.1 Lighting of signs shall be by indirect illumination only. 6.2.2 No sign shall be erected at or near the intersection of any road(s) or driveways in such a manner as to obstruct free can clear vision of motorist or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Signs located at an intersection must be outside of the sight distance triangle. 6.2.3 Signage may be incorporated into the landscape design where feasible. 6.2.4 The following signs are prohibited in all districts: 6.2.4.1 Flashing or blinking signs are prohibited 6.2,4.2 Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic, or traffic control device including any sign that obstructs clear vision in any direction from any street intersection or driveway is prohibited. 6.2.4.3 Attention attracting devices are prohibited including mechanical or electrical appurtenances, such as "revolving beacons", that are designed to compel attention are prohibited. 6.2.4.4 Roof signs are prohibited. 6.2.4.5 Any sign other than traffic control signs erected, constructed, or maintained within, over or upon the right-of-way of any road or highway is prohibited. 6.2.4.6 Off-site advertising signs are prohibited, Signs shall only be erected for the primary use, shall be located on the same lot as the primary use, and shall be associated with the operation of the primary use UNIFORM BASELINE DESIGN STANDARDS SIGNS 12 6.3 Minimum Standards: Maximum sign heights, sign area, and minimum setback requirements are as follows: Applicable to all uses that All other streets front 1-25 Maximum Height 25' 25' (for all free standing on- site identification signs) Maximum Square Ft. Area 100 sq.ft. 50 sq.ft. Minimum Setback 25' 5' 6.3.1 The sum of all commercial building identification signs on a given wall shall not exceed 8% of that wall. 6.3.1.1 For example, if a building wall is 100 feet long and 15 feet high, for a total of 1500 sq. ft., the total square footage of wall signs cannot exceed 8% of 1500 sq. ft. or 120 sq. ft. 6.3.2 One sign per development complex is permitted. The sign can be either a free- standing sign that is a maximum of 25' in height or a ground mounted monument sign that does not exceed 150 square feet in area. A development complex is a group of free-standing buildings or buildings constructed in such a way as to give an appearance of being inter-related due to architectural similarity, interconnected drives, parking areas and/or platting of the development. A development complex includes uses which provide a combined sense of place such as office or business parks, retail centers, industrial parks, apartment complexes and hotels. 6.3.3 One sign per tenant in the development complex is allowed and each development complex should strive to utilize consistent placement, size, and style of sign. For example, all tenant signs in a development complex should be flush-mounted signs on buildings or projecting signs (signs that project perpendicular from a building) not a combination of the two. 6.3.4 Ground mounted monument signs may be located along arterials at the primary entries to residential, commercial and industrial subdivisions to provide the overall project identity. They should be no greater than 150 square feet in area. The monument sign shall only contain the name of the subdivision and be appropriately landscaped. UNIFORM BASELINE DESIGN STANDARDS SIGNS 13 7.0 STREET STANDARDS 7.1 Design Standards: 7.1.1 Streets and roads constructed within the area should comply with the Colorado State Highway Access Code and with the American Association of State Highway and Transportation Officials' A Policy on the Geometric Design of Highways and Streets. In addition, structural capacity of the streets and roads should be designed in accordance with the Guide for Design of Pavement Structures. 7.2 Right-of-Way and Street Profiles: 7.2.2 All designated Major Arterials and Weld County Roads 8, 13 and 24 and Del Camino Parkway should be designed and constructed in conformance with the street cross- section shown in Figure A. 7.2.3 All designated Minor Arterials and Weld County Roads 11, 15, 16 and 20 shall be designed and constructed in conformance with the street cross-section shown in Figure 8. UNIFORM BASELINE DESIGN STANDARDS STREETS STANDARDS 14 • I r I , I I j I • ARTERIAL/4 LANE WITH RAISED MEDIAN 120' frliktitt, ,,SS N. j' i, Aria 6'Concrete 6 Concrete Peseerianway Pe6eNrunw+Y 17' 17' 6' 13' 12' 24' 12' 1J' 6' Setback from Bike Driving Driving Raised MedianLanes or Turn Driving Laneeg Bike Setbackurbrom Curb Lane Wne Lane Lanes Lane Lane I f t, 4 LANE WITH PAINTED MEDIAN 120' i iMIS SS DOD 9Ye0 NN�� 6'Concrete 6'Corc Na F'edestrianway Padandanwry I 22' 22. 6• 17' 12' 1/' 12' 13' B' DrivingMedian or Driving Driving Bike Setback from Setback from Bike Driving Curb Curb Lane Lane Lane Turn Lanes Lane lane Lane • • 8.0 REFERRAL AND ENFORCEMENT PROCEDURES 8.1 Intent: The intent of the referral and enforcement procedures is to establish a mutually agreed upon process in which all parties agree to abide by. This section delineates administrative responsibilities and corresponding time frames for proper ;enforcement of the IGA. To resolve disputes over the interpretation of the design standards a Joint Board of Appeals has been established. 8.2 Recital: For Purposes of this Outline, a"Referring Government" is the government with which the applicant filed his or her application, and that refers the application to others for comment; a "Commenting Government" is a government that files comments with the Referring Government. A "Review Body" means the body that will be reviewing and making a recommendation or decision on an application for preliminary or final approval, and includes a Planning Commission, Town Council, City Council, and Board of County Commissioners. Other terms have the meanings given to them in the Interim Coordinated Planning Agreement. 8.3 Timeframe for Referrals 8.3.1 Application in the County. For development proposed to the County within the Urban Growth Area, the County will refer the application to the Municipalities within 7 days after the application is complete. 8.3.2 Application in a Municipality. For development proposed in a Municipality and located within 500 feet of unincorporated land in County, the Municipality will refer the application to the County and the other Municipalities within 7 days after the application is complete. 8.3.3 Multiple Approvals. Where the Referring Government requires an application to be approved at more than one stage — such as preliminary and final approvals of a subdivision or PUD — there shall be a separate referral and comment process for each stage. 8.4 Timeframe for Comments. Referring Governments will allow Commenting Governments at least 21 days to comment before preparing staff report to first review body. 8.5 Types of Comments. Commenting Governments shall identify whether each of their comments is a "Design Standard Comment" or an "Optional Comment", as described below. UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES 16 8.5.1 Design Standard Comments. Design Standard Comments are comments that the application is inconsistent with the IGA Design Standards. All such notices must include a statement identifying the IGA Design Standard(s) that has been violated and specifying why the decision violates that design standard(s). 8.5.2 Optional Comments. Optional Comments are comments about any other matter related to the application. 8.6 Response to Comments 8.6.1 Design Standard Comments -- Timely. If Design Standard Comments are received in a timely manner, the Referring Government shall respond to those comments by either: 8.6.1.1 Requiring that the applicant change the application to make it consistent with the Design Standards (either before formal review, or through a condition attached to any decision on the application), or; 8.6.1.2 Notifying the Commenting Government in writing, no later than the date of any hearing or action by the Review Body, that it does not agree with the Design Standard Comment, and the reasons for such disagreement. 8.6.2 Design Standard Comments-- Late. If Design Standard Comments are received late, but before action by a Review Body, the Referring Government shall forward those comments to the Review Body, and the Referring Government may-- but shall not be required to -- respond as described in subsection 4.a 8.6.3 Optional Comments. If Optional Comments are received, and regardless of whether they are received in a timely manner, the Referring Government may — but shall not be required to — respond as described in subsection 4.a. 8.7 Effective Date of Approvals 8.7.1 Seven Day Wait. In order to allow for effective enforcement of the IGA Design Standards, each Referring Government that has received a Design Standard Comment regarding an application shall provide that any action approving the application, or approving it with conditions, shall not become effective until 7 days after the date on which the Review Body takes its action. 8.7.2 Wait For Appeal. In addition, in the event a Commenting Government initiates an Appeal pursuant to sections 7 below, the Referring Government shall provide that any action approving the application, or approving it with conditions, shall not become effective until the IGA Joint Board of Appeals has made a decision on the Appeal. 8.7.3 Time lines for Rule 106 Actions. The waiting periods set forth in subsections a and b above shall not affect the deadlines for filing actions under Rule 106(a)(4) C.R.C.P. Such actions must be filed no later than 30 days after the date of the Review Body's decision regardless of whether or not enforcement action is taken pursuant to subsections 6 and 7 below. UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES 17 8.8 Enforcement 8.8.1 Disagreement. If one or more Commenting Government(s) has filed a Design Standard Comment with the Referring Government in a timely manner, and a-Review Body of the Referring Government has acted to approve the application with or without conditions, and such Commenting Government(s) believes that the application as approved is inconsistent with the IGA Design Standards, any such Commenting Government(s) may notify the Referring Government in writing, within 7 days after the approval action of the Review Body, that it intends to Appeal the matter. 8.8.2 Timely Notice of Appeal. Notices received more than 7 days after the action of the Review Body shall not be valid to initiate an Appeal. 8.8.3 Consolidation of Appeals. If more than one Commenting Government files a notice of intent to Appeal the same action of a Referring Government, all such Appeals shall be consolidated into a single Appeal for review and consideration. 8.8.4 Review of Appeals. Appeals under this Agreement shall be reviewed by the IGA Joint Board of Appeals, as defined in Section 7 below, pursuant to the procedures set forth in Section 7 below. 8.8.5 Decision of Consistency. If the IGA Joint Board of Appeals concludes that an application as approved or approved with conditions by a Review Body is consistent with the IGA Design Standards, the Board shall notify the Referring Government and all Commenting Governments of that fact within 30 days after the decision of the Review Body, and no Commenting Government shall have the right to question compliance with the IGA Design Standards or the decision of the Board through court action. 8.8.6 Decision of Inconsistency. If the IGA Joint Board of Appeals concludes that an application as approved by a Review Body is not consistent with the IGA Design Standards, the Board shall notify the Referring Government and all Commenting Governments of that fact within 30 days after the decision of the first Review Body. If the Referring Government does not act to bring the application into compliance with the IGA Design Standards (through the imposition of additional conditions on the approval, or negotiations with the applicant, or any other legal means) within 45 days after receipt of such notice from the Board, any Commenting Government that filed comments on the matter and participated in the Appeal may file suit in a court of competent jurisdiction, and may request that the court enforce the terms of the IGA Design Standards. No such suit may request money damages for a violation of the IGA Design Standards, but the prevailing party shall be entitled to recover attorneys fees incurred in bringing or defending the action. 8.9 IGA Joint Board of Appeals 8.9.1 Membership. The IGA Joint Board of Appeals shall be made up of: 8.9.1.1 One representative from the City of Dacono; 8.9.1.2 One representative from the Town of Erie; UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES 18 8.9.1.3 One representative from the Town of Firestone; 8.9.1.4 One representative from the Town of Frederick; and 8.9.1.5 One representative from Weld County. 8.9.2 Notice of Membership. The initial representatives from each party shall be named within 30 days after the approval of these Referral and Enforcement Procedures by that party. Each party shall notify the other parties of the name, address, and telephone number of its representative, and such representative shall serve until the party notifies the other parties in writing of the name, address, and telephone number of a new representative. 8.9.3 Substitute. If a member of the IGA Joint Board of Appeals is not able to attend a meeting of the Board ro review an appeal, the member shall be authorized to designate in writing a substitute to attend and take all actions that the member would be authorized to perform if the member were present. The substitute may bring the writing designating them as a substitute to the meeting of the Board, and need no file such writing with the Board before the meeting. Substitutes designated in writing shall be treated as members for purposes of this Agreement. 8.9.4 Notice of Appeal. When one or more Commenting Government(s) chooses to initiate an Appeal of the decision of a Referring Government pursuant to section 6.a, the Referring Government shall notify all members of the IGA Joint Board of Appeals about such appeal in writing no later than 14 days after the date of the Decision of the Reviewing Body. The notice shall set forth the name(s) of the Commenting Governments initiating the Appeal, and the date, time, and place of the Board meeting to consider the Appeal. The date of such meeting shall be not less than 21 and not more than 29 days after the date of the Review Board's action on the decision being appealed. 8.9.5 Open Meetings. The meetings of the IGA Joint Board of Appeals shall be open to the public, and representatives of both the Referring Government and the Commenting Government(s) that appealed the action shall make a presentation as to why they believe the decision appealed is or is not consistent with the IGA Design Standards. 8.9.6 Decisions. Following the presentations and any discussion, the Board shall make a decision at the same meeting as to whether (i) the application as approved by the Review Body was consistent with the IGA Design Standards, or as consistent as possible in light of unique constraints of the site not created by the applicant, or (ii)the application as approved by the Review Body was not consistent with the IGA Design Standards. 8.9.7 Quorum and Required Votes. At least four members of the Board must be present before the Board may act on any Appeal. The votes of four out of the five Board members shall be required to conclude that any application as approved by a Review Body was not consistent with the IGA Design Standards, provided, however, that if one of the Board members is absent, the vote of three of the remaining four Board members shall be required for such decision. UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES 19 Hello