HomeMy WebLinkAbout20063245.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Newby Farms LLC Case Number 2006-XX
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Spitzer Field Check Form
Letter to Applicant X
Affadavit of sign posting
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners
Utilities
3 Referral List X
Referrals without comment
Longmont Soil Conservation District, referral received 9/21/06 X
Weld County Department of Public Health and Environment, referral received X
8/29/06
4 Referrals with comments X
Longs Peak Water District, referral received 9/26/06 X
St. Vrain Sanitation District, referral received 8/23/06 X
Mt.View Fire Protection District, referral received 8/29/06 X
State of Colorado Office of the State Engineer, Division of Water Resources, X
referral received 9/12/06
St Vrain Valley School District, referral received 9/13/06 X
Weld County Department of Building Inspection, referral received 8/30/06 X
Weld County Zoning Compliance, referral received 8/16/06 X
Weld County Department of Public Works, referral received 8/18/06 X
5 Surrounding Property Owners- Letters
6 PC Exhibits X
6-A Kerr McGee referral received 10/13/06 X
7 Planning Commission Resolution
2006-3245
I hereby certify that the BBBB items identified herein were submitted to the Department of Planning
g rvvi Seeericces at or prior to the
.7( �d�!✓/' issioners hearing.
Michelle Martin{ Planner
11`1.
COLORADO
CHAPTERS 22 &26,WELD COUNTY CODE
COMPREHENSIVE PLAN & MIXED USE DEVELOPMENT PLAN
STRUCTURAL LAND USE MAP#2.1 AMENDMENT
SUMMARY SHEET
Case Number: 2006-XX Hearing Date: October 17, 2006
Planner: Michelle Martin
Applicant: Newby Farms LLC do Margaret Barden with Village Homes of Colorado
Address: 100 Inverness Terrace East
Englewood, CO 80112
Request: Petition for inclusion into the Mixed Use Development Area of Unincorporated Weld County.
Changes to Chapter 22 (Comprehensive Plan) and Chapter 26 (Mixed Use Development
Plan Structural Land Use Map 2.1).
Legal: Part of the South Y2 of Section 33, T3N, R68W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 26 and east of and adjacent to County Road 5
Parcel #s: 1207 33 000003 & 1207 33 000023
Parcel Size: 245.9 +/-
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 8/18/06
• Weld County Zoning Compliance, referral received 8/16/06
• Weld County Department of Building Inspection, referral received 8/30/06
• Weld County Department of Public Health and Environment, referral received 8/29/06
• St Vrain Valley School District, referral received 9/13/06
• State of Colorado Office of the State Engineer, Division of Water Resources, referral received
9/12/06
• Mt. View Fire Protection District, referral received 8/29/06
• St. Vrain Sanitation District, referral received 8/23/06
• Longmont Soil Conservation District, referral received 9/21/06
• Longs Peak Water District, referral received 9/26/06
The following agencies did not respond:
• State of Colorado Water Conservation Board
• State of Colorado Oil and Gas Conservation Commission
Newby Farms,Page 1
• Town of Firestone
• Town of Frederick
• City of Longmont
• Boulder County
• Town of Mead
• Great Northern Railroad
• Weld County Paramedic Services
• Colorado Division of Wildlife
• Weld County Sheriff's Office
• State of Colorado Geological Survey
• Colorado Department of Transportation
Newby Farms,Page 2
'"DC.
COLORADO
CHAPTERS 22 &26, WELD COUNTY CODE
COMPREHENSIVE PLAN & MIXED USE DEVELOPMENT PLAN
STRUCTURAL LAND USE MAP#2.1 AMENDMENT
SUMMARY SHEET
Case Number: 2006-XX Hearing Date: October 17, 2006
Planner: Michelle Martin
Applicant: Newby Farms LLC do Margaret Barden with Village Homes of Colorado
Address: 100 Inverness Terrace East
Englewood, CO 80112
Request: Petition for inclusion into the Mixed Use Development Area of Unincorporated Weld County.
Changes to Chapter 22 (Comprehensive Plan) and Chapter 26 (Mixed Use Development
Plan Structural Land Use Map 2.1).
Legal: Part of the South 1/2 of Section 33, T3N, R68W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 26 and east of and adjacent to County Road 5
Parcel#s: 1207 33 000003 & 1207 33 000023
Parcel Size: 245.9 +I-
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. 22-1-150.8.1.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 August 1, 2006.
8. 22-1-150.B.2.'The 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. 'A typewritten original and thirty (30) copies of the proposed
amendment must be submitted to the Department of Planning Services no later than
Newby Farms,Page 3
February 1 or August 1 of any given year to be considered for review."
The applicant supplied ample copies to the Department of Planning Services on August 1,
2006.
D. 22-1-150.B.3.a "A statement describing why the Comprehensive Plan is in need of
revision."
The property in question is not located within the Mixed Use Development (MUD) area.
Inclusion into MUD would allow the applicants the opportunity to propose an urban scale
development in an area that can obtain adequate services. The proposed subdivision would
include 600 single family residences utilizing St. Vrain Sanitation and Long's Peak Water.
E. 22-1-150.B.3.b.A statement describing how the proposed amendment will be
consistent with existing and future goals,policies, and needs of the County."
The applicants have examined the goals and policies of the MUD and have committed to
provide 65 acres of open space. The applicants have discussed the need for appropriate
pedestrian circulation within the site and have committed to meet these needs. The
application states that the goal in creating this subdivision rests in the ability to create a
mixture of residential land uses with both passive and active recreational uses.
The proposed site lies within Longmont's Intergovernmental Agreement area. The City of
Longmont at their September 12, 2006 City Council meeting decided not to annex the
property in question. To be consistent with Section 22-2-100 of the Weld County Code,
urban scale residential development must occur within either an IGA boundary or within the
MUD.
F. 26-2-30.D.1."Residential districts within the MUD area are encouraged to be cohesive,
identifiable and diverse,while retaining the current agrarian lifestyle of residents in the
area."
As proposed, the site will be developed with approximately 65 acres of open space divided
into numerous parks with open space connections throughout the subdivision. In accordance
with Appendix 26.E, 20% (49 acres)of the site will need to be dedicated to open space.
The applicant's proposed development would include a diversity of housing types. This
variety of housing includes 47 units of very low density single family residential(1 to 2 du/ac),
74 units of low density single family residential (3 to 4 du/ac), and 479 units of medium-
density attached and/or detached patio homes(4 to 5 du/ac),for a total of 600 dwelling units.
G. 22-2-60.C. A.Goal 3 of the Comprehensive Plan states that"Conversion of agricultural
land to urban-scale residential, commercial and industrial development will be
discouraged in areas where adequate services and infrastructure are not currently
available or reasonably obtainable."
The site can be provided with sanitation and water from St. Vrain Sanitation District and
Long's Peak Water District as stated in their referrals dated August 16,2006 and September
25, 2006.
H. 22-2-210 PUD.Goal 4. of the Comprehensive Plan states "Encourage creative
approaches to land development which will result in environments of distinct identity
and character".
Newby Farms,Page 4
The applicant intends to create a distinct community capable of providing residential and
recreational amenities.
22-2-210 PUD.Policy 4.3.of the Comprehensive Plan states "Conservation of natural
site features such as topography, vegetation and water courses should be considered
in the project design".
The application states the proposed development will consider the sites natural features such
as its significant views, natural topography and the presence of the St. Vrain River and
nearby St. Vrain State Park.
J. 22.2-170 C.Goal 3. of the Comprehensive Plan states "Address the compatibility of
commercial land uses with adjacent land uses". 22-2-170 C.Policy 3.2. of the
Comprehensive Plan states that new commercial development should demonstrate
compatibility with existing surrounding land use in terms of general use, building
height, scale, density,traffic, dust and noise.
The proposed development does not include a commercial component.
K. 22-2-190.R. Goal 1 of the Comprehensive Plan ensures that adequate public services
and facilities are currently available or reasonably obtainable to serve the residential
development or district. 22-2-190 R. Policy 1.1 further elaborates, "The land-use
applicant will demonstrate to the Board of County Commissioners that adequate
sanitary sewage and public water systems are currently available or reasonably
obtainable to all residential development, and that the street or highway facilities
providing access to the property are adequate in width, classification, and structural
capacity to meet the requirements of the proposed district or development"...
As cited in the Traffic Study performed by LSC Transportation Consultants, LLC,dated July
31, 2006, the site will generate 5,742 external vehicle trips on an average weekday. Weld
County Department of Public Works will work with the applicant to ensure that the
appropriate infrastructure is in place to accommodate this amount of traffic.
3. The following procedures to amend the I-25 Mixed Use Development Area Map are outlined in
Section 22-1-150 of the Weld County Code, as amended:
A. 22-1-150.4.a.'Demonstrate the proposed inclusion into the 1-25 Mixed Use
Development Area 2.1 Land Use Map or modification to the existing land use
classification,as outlined on the 1-25 Mixed Use Development Area 2.1 Land Use Map,
is adjacent to and contiguous with the existing 1-25 Mixed Use Development Area 2.1
Land Use Map.
The site is located north of and adjacent to County Road 26 and east of and adjacent to
County Road 5. The existing boundary for the MUD is south of and adjacent to County Road
26 and east of and adjacent to Liberty Gulch(west of County Road 7). The application states
57% of the site of the property is adjacent and contiguous to the existing MUD boundary.
B. 22-1-150.4.b.'Describe how the proposed amendment will address the impact on
existing or planned service capabilities. This statement shall include how emergency
services will be provided to the proposed area.'
Weld County Paramedic Services and the Weld County Sheriff's Office will provide for
emergency related service in this area,assisted by the Mountain View Fire Protection District.
Newby Farms,Page 5
The municipalities of Firestone, Frederick, Mead,Longmont,and Boulder County are located
within three(3)miles of the site and have reviewed this application. No comments have been
received from these entities.
C. 22-1-150.4.c.'Delineate the number of people who will reside and work in the proposed
area and the number of jobs created by the proposed development. This statement
shall include the number of school-aged children and address the social services
provisions needs, such as schools, of the proposed population/
The application materials indicate approximately 600 residential units would be located on the
site, adding approximately 1,670 people(based on 2.78 persons/household)and 369 school-
aged children. The St. Vrain Valley School District stated in their referral dated September
8, 2006 that adequate available school capacity does not exist for this area. The school
district has discussed the possibility of the applicant mitigating this proposal's impact on this
feeder system, but has not yet reached any formal agreement.
In addition to residential units, the application proposes 65 acres of parks and open space.
No commercial development is proposed for the subdivision therefore no jobs will be created.
D. 22-1-150.4.d"Be submitted with a deed or legal instrument to the Department of
Planning Services identifying the applicant's interest in the property."
The property owner Newby Farms, LLC has authorized Village Homes to secure all
entitlements and governmental approvals for the property in questioned.
E. 22-1-150.4.e "Demonstrate that the site can be serviced by public water and
sanitary sewer service."
The site can be provided with sanitation and water from St. Vrain Sanitation District and
Long's Peak Water District as stated in their referrals dated August 16,2006 and September
25, 2006.
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.
Newby Farms,Page 6
a DEPARTMENT OF PLANNING SERVICES
ractesi
SOUTHWEST OFFICE
4209 CR
LONGMONT, COC 80504
PHONE: (720)652-4210, Ext. 8730
111 k, FAX: (720)652-4211
COLORADO
August 10, 2006
Village Homes of Colorado
ATTN: Margaret Barden
100 Inverness Terrace East
Englewood CO 80112
Subject: 2006-XX- Newby Farms LLC- Request for a Petition for inclusion into the Mixed Use Development Area of
Unincorporated Weld County, Changes to Chapter 22 (Comprehensive Plan)and Chapter 26 (Mixed Use Development
Plan Structural Land Use Map 2.1)on a parcel of land described as Part of the S2 of Section 33,T3N, R68W of the 6th
P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting with the
Weld County Planning Commission for October 17,2006,at 1:30 p.m. This meeting will take place in the Hearing Room,Weld
County 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.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written certification indicating the above requirements
have been met.
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 Firestone, Frederick, Longmont and Mead Planning Commission for their review and comments. Please
call Firestone at(303)833-3291, Frederick at(303)833-2388, Longmont at(303)651-8330 and Mead at(970)535-4477 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
Firestone, Frederick, Longmont and Mead Planning Commission meeting to answer any questions the Commission members may
have with respect to your application.
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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the
applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain
the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Michelle Martin
Planner
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