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Home My WebLink About20090598.tiff• 111k CHAPTERS 22 & 26, WELD COUNTY CODE COMPREHENSIVE PLAN & MIXED USE DEVELOPMENT PLAN STRUCTURAL LAND USE MAP # 2.1 AMENDMENT SUMMARY SHEET Case Number: 2008-XX Hearing Date: December 16, 2008 Planner: Michelle Martin Applicant: Pioneer Communities Inc. & HP Farms LLC c/o Jack E. Reutzel, Esq. with Reutzel and Associates LLC Address: 9145 E. Kenyon Avenue, Suite 200 Denver, CO 80237 Request: Weld County Comprehensive Plan Amendment to modify the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map. Legal: Part of Sections 17 and 18, Township 2 North, Range 64 West of the 6th P.M. and Sections 2, Township 2 North, Range 65 West of the 6th P.M. • Location: In the vicinity of County Road 22 and County Road 49 Parcel #s: 1305 17 3 00028, 130517 000015, 1305 18 400007, 130518 400006, 1307 02 000011, 1307 02 000001 Parcel Size: +/- 907 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS There are two criteria for review of this amendment to Chapters 22 and 26 Map #2.1: Structural Land Use Map. The first criterion is found in Section 26-1-30 (MUD Plan). The second criterion is found in Section 22- 1-150 (Comprehensive Plan). The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Works, referral received 10/9/08 • Weld County Zoning Compliance, referral received 9/6/08 • Weld County Department of Building Inspection, referral received 9/17/08 • Weld County Department of Public Health and Environment, referral received 10/7/08 • State of Colorado Office of the State Engineer, Division of Water Resources, referral received 9/19/08 • Town of Keenesburg, referral received 9/18/08 • Public Service Company of Colorado/Xcel Energy, referral received 10/6/08 • Platte Valley Soil Conservation District, referral received 9/29/08 • Henrylyn Irrigation, referral received 10/3/08 • Weld County Sheriff's Office, referral received 9/11/08 Pioneer Communities Amendment #1, Page I 2009-0598 • • • The following agencies did not respond: • State of Colorado Water Conservation Board • State of Colorado Oil and Gas Conservation Commission • Adams County • Weld County School District RE3-J • Weld County Paramedic Services • Colorado Department of Transportation • Colorado Department of Health • Weld County Attorney's Office • Weld County Emergency Management Office • Denver International Airport (DIA) • Noble Energy • Resource Colorado Metro District • Brighton Soil Conservation District • Colorado Division of Wildlife • Southeast Weld County Fire Protection District • Anadarko do Vanderwerf & Buchanan LLP • Town of Hudson • Encana Oil and Gas • The Farmers Reservoir and Irrigation Company (FRICO) • Hudson Fire Protection District • • Pioneer Communities Amendment #1, Page 2 • !tom • lURe COLORADO PRELIMINARY CHAPTERS 22 & 26, WELD COUNTY CODE COMPREHENSIVE PLAN & MIXED USE DEVELOPMENT PLAN STRUCTURAL LAND USE MAP # 2.1 AMENDMENT SUMMARY SHEET • Case Number: Planner: Applicant: Address: Request: Legal: Location: 2008-XX Michelle Martin Pioneer Communities Inc. & HP Farms LLC c/o Jack E. Reutzel, Esq. with Reutzel and Associates LLC 9145 E. Kenyon Avenue, Suite 200 Denver, CO 80237 Weld County Comprehensive Plan Amendment to modify the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map. Hearing Date: December 16, 2008 Part of Sections 17 and 18, Township 2 North, Range 64 West of the 6th P.M. and Sections 2, Township 2 North, Range 65 West of the 6th P.M. In the vicinity of County Road 22 and County Road 49 Parcel #s: 1305 17 3 00028, 1305 17 000015, 1 305 18 400007, 130518 400006, 1307 02 000011, 1307 02 000001 Parcel Size: +/- 907 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. Criteria I: MUD Plan, Chapter 26, Weld County Code. That the application is consistent with Section 26-1-30 Weld County Mixed Use Plan which establishes procedures for amending Chapter 26 in accordance to procedures established in Section 22-1-150 of the County Code. The procedures for submittal have been met. 2. Criteria II: Comprehensive Plan, Chapter 22, Weld County Code. The following procedures are outlined in Section 22-1-150 of the Weld County Code: A. 22-1-150.5.1. "Comprehensive Plan amendment proposals shall be considered bi- annually with a public hearing process." The application was received by the Department of Planning Services on July 30, 2008. B. 22-1-150.6.2. The petitioner shall pay for the cost of legal publication of the proposed Pioneer Communities Amendment #I, Page 3 • • • amendment and all land use application fees.' The applicant has paid all associated land use fees. C. 22-1-150.8.3. A typewritten original and thirty (30) copies of the proposed amendment must be submitted to the Department of Planning Services no later than February 1 or August 1 of any given year to be considered for review." The applicant supplied 30 copies to the Department of Planning Services on July 30, 2008. D. 22-1-150.B.9.a "The proposed amendment inclusion into the Southeast Weld Mixed Use Development Area 2.1 Land Use Map or modification to the existing land use classification as outlined on the Southeast Weld Mixed Use Development Area 2.1 Land Use Map has 1/6th contiguity with the existing Southeast Weld Mixed Use Development Area 2.1 Land Use Map." The areas in question are already a part of the Southeast Weld Mixed Use Development Area which was approved by the Board of County Commissioners in 2006. E. 22-1-150.B.9.b "The proposed amendment will address the impact on existing or planned service capabilities including, but not limited to, all utilities, infrastructure, storm water infrastructure and transportation systems." If this amendment is approved the overall number of residential units transferred to Section 17 and 18 would be 1000 units which is approximately what was proposed for Section 2 and therefore would not adversely affect the services. The applicant has also signed an Affidavit of Agreement stating that they agree to all the previous triggers and commitments as determined by prior applications and actions of the Board of County Commissioners. The Weld County Department of Public Works stated in their referral dated 10/9/08 that the drainage and traffic report submitted with the application are conceptual at this phase of the development and therefore additional information will be required at the Planned United Development process. F. 22-1-150.B.9.c "The proposed amendment will address impacts on the natural environment." The applicant has stated in the application that they will adhere to the original environmental assessments and reports that were conducted when the entire development was initially designated by the Comprehensive Plan. G. 22-1-150.B.9.d "The proposed land use is compatible with the existing and surrounding land uses." If the amendment is approved, the residential component from Section 2 would be relocated to Sections 17 and 18, which are adjacent to existing residential areas. This places the a new residential area closer to 1-76 and allows for connectively with existing and planned infrastructure within the core areas of the MUD as well as the regional supporting area of the Towns of Hudson and Keenesburg. The amendment would also designate the residential component in Section 2 to "Agricultural," which is also consistent with the existing surrounding land uses. Pioneer Communities Amendment #I, Page 4 • • • • • H. 22-1-150.B.9.e "The proposed number of new residents will be adequately served by the social amenities, such as schools and parks of the community." If approved the amendment will designate 613 acres from residential to Agricultural and 295 acres from Agricultural to residential; this is an increase of 320 acres of Agricultural production from the original plan adopted in 2006. According to the applicant the proposed 295 acres for residential will yield 1,000 units this assumes a residential population of 2,550 people. According to the following calculation provided by the applicant for student generation .36 for elementary, .110 for middle school and .175 for high school the student population equals 645 students (360 elementary, 110 middle school, 175 high school). The applicant has committed to relocate an elementary school in Section 17 and a park in Section 18. The applicant has indicated that the planned middle school and high school facilities would be capable of handling the additional students. I. 22-1-150.B.9.f "The proposed amendment has demonstrated that adequate services are currently available or reasonably obtainable." The areas in question were part of the original service area and therefore will be serviced by Resource Colorado Water & Sanitation Metropolitan District as stated in the letter dated 7/27/05 J. 22-1-150.B.9.g "Referral agency responses have been received and considered." The Henrylyn Irrigation District in their referral dated 10/3/08 have asked the applicant to exclude the property that is proposed for residential use. The applicant wrote a letter to the ditch copy on 10/21/08 stating that at this time the use of the property will remain Agricultural and would like to defer the transfer of these rights until Planned Unit Development Process. Public Service Company of Colorado/Xcel Energy in their referral dated 10/6/08 reminded the applicant of the necessary setbacks for single family development, multi family development and commercial development. The applicant wrote a letter to the Xcel Energy dated 10/21/08 stating that they will work with the utility companies through the Planned United Development Process on the necessary easements. Planning Staff recommends both of the above comments are better addressed at Planned United Development Change of Zone process. It is the opinion of the Department of Planning Services the applicant has adequately demonstrated compliance. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. Pioneer Communities Amendment #1, Page 5 • • Page 1 of 4 • • Michelle Martin From: Joy McGee jjoy@reutzelandassoc.com] Sent: Monday, December 01, 2008 5:24 PM To: Michelle Martin Subject: RE: Pioneer Attachments: Resource will serve.pdf Good Evening Michelle, Hope you had a nice Thanksgiving holiday. Jack spoke to Mr. Joe Racine, Hudson Town Administrator, today. He indicated that his comments were more generally directed at ongoing issues that the Town has with the County and not directed at us personally. He recognized that Pioneer had made a prior offer to come up and meet with the Planning Commission to address any questions the Town might have on these requests and accepted our offer for their January 1/14/09 meeting thinking it would be a light agenda. We will report on our discussions following that meeting. Attached is the Will Serve info from Resource Colorado that I believe was included with the initial application materials. This was originally provided to the County with the Comp Plan amendment materials submitted in 2005 that went on to create the SEMUD. I'm looking forward to the staff report. I would appreciate if you could forward upon completion. If you have any further questions, need additional materials, or just want to discuss please call. Thank you. Joy Joy 5. McGee AICP Reutzel & Associates, LLC 9145 East Kenyon Avenue, #200 Denver, Colorado 80237 (303) 694-1982 ext 105 (303) 539-8135 (direct) (303) 694-3831 Facsimile From: Michelle Martin ]mailto:mmartin@co.weld.co.us] Sent: Wednesday, November 26, 2008 3:53 PM To: Joy McGee Subject: RE: Pioneer Joy, The staff report will be ready a week before the hearing (December 9). As I was going through the files today I wanted to make sure you had a copy of the Town of Hudson referral (a copy is attached) and if you would like to respond to the referral please send me a copy of the response. Could you please send me a copy of the a copy of the water availability for the first Amendment. Jack references this letter on page 3 of his letter dated 8/22/08 question #8. In terms of a presentation I will have copies of the maps but feel free to bring anything you deem necessary. Thanks again for all your help. 12/03/2008 • • • ititt: 11111c. COLORADO November 24, 2008 HP Farms LLC Joel Farkas, Manager c/o Jack Reutzel 9145 E Kenyon Av, Ste 200 Denver CO 80237 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: 2008-XX Amendment 1- Weld County Comprehensive Plan Amendment to modify the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map on a parcel of land described as Part of Sections 17 and 18, T2N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 16, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, Southwest Weld Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant has provided the Weld County Planning Department with written certification indicating the above requirements have been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week priorto the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, . ter - Michelle Martin Planner • 0sfw• ^ WON • • September 4, 2008 HP Farms LLC Joel Farkas, Manager c/o Jack Reutzel 9145 E Kenyon Av, Ste 200 Denver CO 80237 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: 2008-XX - Request for a Weld County Comprehensive Plan Amendment to modify the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map on a parcel of land described as Part of Sections 17 and 18, T2N, R64W of the 6th P.M. and Section 2, T2N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have been received them. Once the concerns and requirements of the referral agencies have been met or the applicant has show an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Hudson and Keenesburg Planning Commission for their review and comments. Please call Hudson at 303-536-9311 and Keenesburg at 303-732-4281 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Hudson and Keenesburg Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respec Michell- Martin Planner Page 1 of 1 Esther Gesick From: Michelle Martin Sent: Thursday, January 29, 2009 2:27 PM To: Esther Gesick Subject: FW: Pioneer Comp Plan Amendment hearing schedule Esther, The applicant will be out of Town the week of March 23rd and request no hearings that week for his cases (Amendment 1 and Amendment 2 of the SE Mixed Use Development). See below. Let me know if you have any questions. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comW improve comments.cfm From: Jack Reutzel [mailto:jack@reutzelandassoc.com] Sent: Thursday, January 29, 2009 2:23 PM To: Michelle Martin Subject: Pioneer Comp Plan Amendment hearing schedule Michelle - In connection with the transmittal to the B0CC for the hearings and work session, please inform the clerk to the Board that I will be out of town the week of March 23rd and would request no meetings take place regarding these applications during that week. Thanks, Michelle Jack Jack E. Reutzel Reutzel & Associates, LLC 9145 East Kenyon Avenue, 8200 Denver, Colorado 80237 (303) 694-1982 (303) 694-3831 Facsimile Disclaimer: This transmission may be: (1) subject to the Attorney -Client Privilege, (2) an attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. Unauthorized interception of this e-mail is a violation of federal criminal law. If you have received this communication in error, please immediately notify me by telephone (303-694-1982) and destroy this message. Although this email and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. Thank you. 1/30/2009 Hello