HomeMy WebLinkAbout20061702 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVIEW OF CONDITION OF
APPROVAL#1.J FOR CHANGE OF ZONE #545 -WIPO, LLC, C/O BRET LARIMER
WHEREAS,the Board of County Commissioners of Weld County, 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,on February 22,2006,the Board of County Commissioners approved Change
of Zone, PZ#545,from the A(Agricultural)Zone District to a PUD(Planned Unit Development)Zone
District for 38 residential lots with E (Estate)Zone uses, for property which is described as Lot B
of Second Amended Recorded Exemption #1452; being part of the SW1/4 of Section 4,
Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and
WHEREAS,the request to the Board of County Commissioners for review of Condition of
Approval#1.J for Change of Zone, PZ#545,was submitted by WIPO, LLC, 1600 West Horsetooth
Road, Fort Collins, Colorado 80526, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Departments of Planning Services and Public Works and,having been fully informed,finds that this
request shall be approved.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the request of WIPO, LLC,to waive Condition of Approval#1.J for Change
of Zone, PZ#545, be, and hereby is, approved.
AffL CfG 2006-1702
(�'. /01._/ !� � � PL181919
RECONSIDER CONDITION OF APPROVAL #1.J FOR PZ #545 - WIPO, LLC, C/O BRET
LARIMER
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 26th day of June, A.D., 2006.
!� ; J BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: gel, ' 'l 166-
ile, Chair ��
Weld County Clerk to the O'er
I/
`eb e� �. a'r.,
> David E. Long, Pro-Tem
BY: Kit i viz
De ui Cler to the Board t7i it. ,-(
Will H. Jerke
APPR AS T OR � "—'l & WitNii—
Robert D. Masde
ou Attorney AQ.AAA k
Glenn Vaad G
Date of signature: 4 itikty
2006-1702
PL1819
4* 1 MEMORANDUM
VID . TO: Board of County Commissioners
COLORADO DATE: June 6, 2006
FROM: Kim Ogle, Planning Manager
SUBJECT: Falcon Ridge PUD, PZ-545
Bret Larimer, Applicant
Condition of Approval
The applicants, Bret Larimer and Julie Sullivan are requesting the Board of County
Commissioners reconsider the Condition of Approval item 1.J which states:
The typical section of interior roadway shall be shown as two 12-foot paved lanes with curb, gutter and
sidewalk associated with an urban scale development on the change of zone plat. The right-of-way for the
internal roadways shall be shown on the change-of-zone plat.
The Department of Planning Services requested this condition given the close proximity
of adjacent subdivisions, i.e., Windsor Assembly of God church facility is located adjacent to
the south, Moriah Estates PUD (24 Lots on septic) is to the east, North Shores at Windsor PUD
(43 lots on septic) is to the South. Further, this condition was requested given that this
development is considered Urban Development,38 residential parcels.
The Department of Public Works, via electronic mail from Peter Schei, P.E., to the applicants
engineer states:
"It is my [Schei] understanding that the Department did not request curb/gutter/sidewalk for the
typical roadway section. Additionally, the drainage report submitted did not take into consideration
curb/gutter/sidewalk.
I have reviewed my notes from the Planning Commission and Board of County Commissioners, and
found no references to Public Works requesting curb/gutter/sidewalk.
This may be an error-with the language placed into the Resolution, or it was always intended upon
staff review by the Planning Department. With this number of lots, surely the development would
be considered urban.
Public Works often finds that limiting curb/gutter is helpful with respect to water quality runoff by
utilizing grass swales, et cetera."
Given the comments from the Department of Public Works, the Department of Planning
Services will defer to the recommendation of the Department of Public Works.
2006-1702
n./1/9
Weld County
planing Department
GREELEY
MAY 3 0 2006
RECEIVED
WIPO, LLC
A Colorado Limited Liability Company
1600 West Horsetooth Road, Fort Collins, CO 80526 970-226-2046
May 26, 2006
Kim Ogle
Department of Planning Services
North Office
918 10th Street
Greeley,CO 80631
RE: PZ-545 Falcon Ridge PUD, Amendment to Resolution
Dear Mr. Ogle:
This is a request for a hearing in front of the Board of County Commissioners to propose an
amendment to Section 1.3. of the conditions of approval listed in the Resolution granting Change
of Zone, dated February 22, 2006.
The Resolution calls for internal roadways to consist of two 12-foot paved lanes with curb, gutter
and sidewalk. Our understanding, and intent, was to conform to the request of the Weld County
Public Works Department Memorandum dated September 15, 2005 stating"The typical section of
interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the
change of zone plat." Recent communications with Peter Schei, Weld County Public Works
Department,confirm our intent is consistent with their desires. Therefore, we request the
language be amended accordingly.
We request this hearing as soon as possible, so that we may proceed to the final plan stage.
Should you require any additional information or documentation, please do not hesitate to
contact us.
Sincerely,
Irl 11 Y-
Jdlie Sullivan
Page 1 of 1
Esther Gesick
From: Kim Ogle
Sent: Monday, May 15, 2006 1:15 PM
To: Esther Gesick; Donna Bechler
Subject: PZ-545; RESOLUTION ITEM 1.J
Ladies
This standard was applied to this case. The applicant requested that the standard be waived. Is this actually the
standard that will be carried through for this development? Could you verify? this line item is of the utmost
importance to the applicant. thanks for your assistance, and let me know if you need any assistance. kim
IQ e�wlJ t� _
O k w- ma-Acm .
5/17/2006
WIPO, LLC
A Colorado Limited Liability Company
1600 West Horsetooth Road, Fort Collins,CO 80526 970-226-2046
June 19, 2006
Esther Gessick
Clerk to the Board
91510"' Street
Greeley,CO 80631
RE: PZ-545 Falcon Ridge PUD
Dear Ms. Gessick:
We are forwarding the attached letter to you in response to Kim Ogle's request this afternoon.
Should a hearing be required we would like to schedule it the most earliest date available.
We look forward to hearing from you soon.
Sincerely,
JILL jiittc4
Julie Sullivan
WIPO, LLC
A Colorado Limited Liability Company
1600 West Horsetooth Road, Fort Collins, CO 80526 970-226-2046
May 16, 2006
Kim Ogle
Department of Planning Services
North Office
918 10th Street
Greeley,CO 80631
RE: PZ-545 Falcon Ridge PUD
Dear Mr. Ogle:
We are in receipt of the Board of County Commissioner's approval for the Change of Zone on the
above referenced application. There appears to be an inconsistency with the resolution, which
needs interpretation prior to our drainage report being completed.
Upon review of the conditions of approval, it was resolved under section 1.J. that the internal
roadway shall consist of two 12-foot paved lanes with curb. clutter and sidewalk associated with
an urban scale development. Our intent has always been to use"rural"roads to preserve the
flavor of the neighborhood. This issue was discussed with you, and the Public Works department
prior to submittal of proposed plats and plans, and it was resolved at that time to use a rural
road system. Submitted plats and plans show typical sections of interior roadways associated
with rural development. The commissioners approved this specific plan on February 22, 2006.
There are a few other reasons lending support that the section 1.). Is simply an error needing
correction.
First, urban roads do not offer compatibility to the surrounding area as required in Section 27-6-
120.D.5.c. of the Resolution. North Shores, Moriah Estates and Shiloh Estates do not have curb,
gutter and sidewalks, requiring us to install these would take away from the rural setting and
continuity of the surrounding area. Consistency would be breached. Secondly, an email from
Peter Schei of Weld County Public Works, states,"Public Works often finds that limiting curb,
gutter and sidewalks is helpful with respect to water quality runoff by utilizing grass swales, etc".
The email further states that the Public Works department did not,and has not required curb,
gutter and sidewalks for the proposal and upon review of his notes from the Planning
Commission and the Board of County Commissioners meetings,there were no references to
Public Works requesting these improvements. He also believes this may be an error with the
language placed into the Resolution. Finally, per section 27-2-190 urban scale development of
the Planned Unit Development—Performance Standards it states,"All urban scale developments
shall pave the internal road systems of the development." There is no mention of curb, gutters
and sidewalks.
Again, we believe this to be an error with the language placed into the Resolutions. Should the
language take precedence over other approved documents,we request another hearing with the
Board of County Commissioner's to amend the Resolution for the removal of this requirement.
We plan to move forward with the remaining conditions of the Resolution; however, until this
matter is resolved we are unable to complete a number of items. Please review this information
and give us a call to discuss resolution.
Sincerely, 7
Ju' Divan
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