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Home My WebLink About20090608.tiff• 11`k COLORADO 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: Prospect Farms II Holdings LLC do 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 for inclusion of additional acres into the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map. Legal: Part of W2 of Section 5 Township 2 North, Range 64 West of the 6th P.M. Location: East of and adjacent to County Road 51 (section line) and north of and adjacent to County Road 24 (section line) Parcel #: 1305 05 000010 Parcel Size: +/- 317 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 • Weld County Sheriffs Office, referral received 9/11/08 • Town of Hudson, referral received 10/15/08 Pioneer Communities Amendment #2, Page 1 2009-0608 • • • 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 Encana Oil and Gas The Farmers Reservoir and Irrigation Company (FRICO) Hudson Fire Protection District • Platte Valley Soil Conservation District • Henrylyn Irrigation Pioneer Communities Amendment #2, Page 2 PREMLIMINARY 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: Prospect Farms II Holdings 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 for inclusion of additional acres into the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map. Legal: Part of W2 of Section 5 Township 2 North, Range 64 West of the 6th P.M. Location: East of and adjacent to County Road 51 (section line) and north of and adjacent to County Road 24 (section line) Parcel #: 1305 05 000010 Parcel Size: +/- 317 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.B.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. Pioneer Communities Amendment #2, Page 3 • B. 22-1-150.B.2.Jhe petitioner shall pay for the cost of legal publication of the proposed amendment and all land use application fees.. The applicant has paid all associated land use fees. C. 22-1-150.B.3. .4 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 area in question is adjacent to the Southeast Weld Mixed Use Development Area on three sides or 10,516 feet which is 67% of the total 15,761 feet of the perimeter; therefore the property meets the requirement of 1/6th contiguity with the existing Southeast Weld Mixed Use Development Area 2.1 Land Use Map. 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." According to the EIS (phase 1) conducted by A.G. Wassenaar dated 9/18/07, there is no evidence of recognized environmental conditions in connection with the property, with the exception of two gas wells and batteries. An Ecological Assessment was also conducted on the property by Wildlife Specialties LLC dated 1/15/08, which states the property does not have habitat capable of supporting species listed, proposed for listing, or candidates for listing under the ESA. A Class 1 Archaeological Literature Review conducted by SWCA Environmental Consultants, dated 1/2008, did not reveal any cultural resources or inventories in the project area. The applicant has also signed an Affidavit of Agreement stating that they agree to all the previous triggers and commitments as determined by the zoning and any 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. Additional information will be required at the Planned Unit Development process. F. 22-1-150.B.9.c "The proposed amendment will address impacts on the natural environment." According to the EIS (phase 1), An Ecological Assessment, and A Class 1 Archaeological Literature Review there were no environmental conditions that would be negatively impacted. 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, a residential component, along with an area designated limiting site factor would be included in the Southeast Weld Mixed Use Development Area 2.1 Pioneer Communities Amendment #2, Page 4 S Land Use Map. This would allow for a variety of connections to the existing residential areas, trails, parks, school, and transportation networks. 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." According to the applicant the proposed 317 acres for residential use could yield 445 units this assumes a residential population of 1,135 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 287 students (160 elementary, 49 middle school, 78 high school). The applicant has indicated that the planned elementary, middle school and high school facilities would be capable of handling the additional students. No comments were received from the school district. The applicant has designated open space down the middle of the site which encompasses a trail that connects to the other developments. I. 22-1-150.B.9.f "The proposed amendment has demonstrated that adequate services are currently available or reasonably obtainable." The site can be provided with sanitation and water from Resource Colorado Water & Sanitation Metropolitan District as stated in their letter dated 1/22/08. J. 22-1-150.B.9.g "Referral agency responses have been received and considered." The Town of Hudson in their referral dated 10/13/08 indicated that they have some concerns regarding the off -site impacts caused by the modifications such as schools and public utilities. The applicant spoke to the Town administrator regarding the referral and plans to meet with them in January. 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. 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 #2, Page 5 REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAW • • • 9145 EAST KENYON AVENUE, SUITE 301 DENVER, COLORADO 80237 Telephone (303) 694-1982 Fax (303) 694-3831 www.reutzelandassoe.com JACK E. REUTZEL jack(a)reutzelandassoe.com January 20, 2009 Susie Townsend, Interim Superintendent Weld County School District Re -3(J) 99 West Broadway Keenesburg, CO 80643 Re: December 15, 2008 Referral Letter- 2008-XX Amendment #2 Dear Ms. Townsend: Land Use/Zoning Real Estate Annexations Community Associations Oil and Gas Local Government With regard to your above referenced letter concerning the proposed Comprehensive Plan Amendment for the Southeast Weld Mixed Use Development Area and Structural Land Use Map, please be advised of the following: 1. We will continue to work with the School District to ensure the appropriate number of schools for the Pioneer development. As you will recall, during the Sketch Plan phase of the MUD, the applicant and School District met on several occasions to locate schools of sufficient size to meet the future demands. We will continue to meet with the district as we move through entitlements to ensure the number and location of schools will be appropriate for the needs of the district. 2. We envision that the Capital Facilities Fee structure that was agreed to for the Southeast Weld MUD will apply to the new area as well, without the need for further discussions. On behalf of my client, we look forward to continuing the partnership established and working together to ensure a quality development for all residents of Pioneer. JER/ cc: Michelle Martin Very Truly Yours REUTZEL By: Reutzel TES, LLC • ia 111k COLORADO • • November 24, 2008 Prospect Farms II Holdings LLC do 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 2- Weld County Comprehensive Plan Amendment for inclusion of additional acres into 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 W2 of Section 5, 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 prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, 1JLL1 K�(l f fli Michelle Martin Planner iattr.* • WIWk Cq�tLW • • September 4, 2008 Prospect Farms II Holdings LLC do 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 for inclusion of additional acres into 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 W2 of Section 5, T2N, R64W 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. Respectfully, M Plann Mart Hello