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Home My WebLink About20021553.tiff INVENTORY OF ITEMS FOR CONSIDERATION r Applicant Jer do Lifestyle Homes Case Number Z 569 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Planning Commissioner Miller field check form X 5 Letter to Applicant X 6 Photograph of sign posting X 7 Legal Notifications X 8 Application X 9 Maps X 10 Referral List X 11 Referrals without comment X Referrals with comments 12 Weld County Department of Public Works, referral received 01-22-02 X 13 Weld County Department of Building Inspection, referral received X 01-22-02 14 Weld County Department of Public Health and Environment, referral X received 01-24-02 15 Colorado Geological Survey, referral received 01-28-02 X 16 City of Evans, referral received 01-31-02 X 17 Milliken Fire Protection District, referral received 01-02 X 18 Weld County Sheriff's Office, referral received 02-26-02 X 19 Deed/Easement Certificate/Contract to buy land X 20 Surrounding Property/Mineral Owners X 21 Utilities -Water letter from the City of Evans X 22 Utilities -Sewer letter from the City of Evans X 23 Soil Survey X PC Exhibits I2. EX�IIBIT n fl_I S 2002-1553 I hereby certify that the xxx items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. (11,14_ ' Carla Angeli •b Plant *4;1 LAND USE APPLICATION SUMMARY SHEET Wl`De CHANGE OF ZONE COLORADO CASE NUMBER: Z-569 HEARING DATE: May 7, 2002 PLANNER: Chris Gathman and Carla Angeli APPLICANT: JER c/o Lifestyle Homes ADDRESS: 920 54th Avenue, Suite 200; Greeley, Colorado, 80634 REQUEST: Change of Zone from R-5 (Mobile Home Residential) to R-2 (Duplex Residential) LEGAL DESCRIPTION: Lot B in the Hill N Park Subdivision, located in the S2 of Section 26, Township 5 North, Range 66 West of the 6th P.M., Weld County Colorado LOCATION: North of and adjacent to Weld County Road 52 (49th Street), %mile West of Weld County Road 35 (35th Avenue) ACRES: 3.5+/- PARCEL NUMBER: 0959 26 308001 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County Code as follows The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Works, referral received 01/22/02 • Weld County Department of Building Inspection, referral received 01/22/02 • Weld County Department of Public Health & Environment, referral received 01/24/02 • Weld County Department of Planning Services-Zoning Compliance, referral received 01/24/02 • Colorado Division of Wildlife, referral received 01/20/02 • City of Greeley, referral received 01/11/02 • City of Evans, referral received 01/31/02 • Milliken Fire Protection District, referral received 01/02 • State of Colorado, Colorado Geological Survey, referral received 01/30/02 • Weld County Schools District RE-6, referral received 1/14/02 • West Greeley Soil Conservation District, referral received 01/22/02 Weld County Sheriff's Office, referral received 02/26/02 The Department of Planning Services has not received comments from the following agencies: Weld County Emergency Management Office EXHIBIT a ei CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION WIDc COLORADO CASE NUMBER: Z-569 Hearing Date: May 7, 2002 PLANNER: Chris Gathman and Carla Angeli APPLICANT: JER c/o Lifestyle Homes ADDRESS: 920 549'Avenue, Suite 200; Greeley, Colorado, 80634 REQUEST: Change of Zone from R-5 (Mobile Home Residential) to R-2 (Duplex Residential) LEGAL DESCRIPTION: Lot B in the Hill N Park Subdivision located in the S2 of Section 26, Township 5 North, Range 66 West of the 6th P.M.,Weld County Colorado LOCATION: North of and adjacent to Weld County Road 52 (49th Street), 'A mile West of Weld County Road 35 (35'"Avenue) ACRES: 3.5+/- PARCEL NUMBER: 0959 26 308001 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the Weld County Code. 2. The submitted materials are not in compliance with Section 23-2-30 of the Weld County Code as follows: A. Section 23-2-30.A.4.- Street or highway facilities providing access to the property are not adequate in size to meet the requirements of the proposed zone districts. The application indicates access on to Yellowstone Drive, Hill-N-Park Drive,and Yosemite Drive. Yellowstone Drive is a heavily used main access to the Hill-N-Park Development. Hill-N-Park Drive is also a major access, which has a median down the middle from CR 52 to Yosemite Drive. The Department of Public Works in their referral dated January 22,2002, indicated direct access on both Yellowstone Drive and Hill-N-Park Drive will not be allowed and all accesses shall be from an internal road system with outlet(s)to Yosemite Drive. The applicants are proposing eight(8) lots that will have direct access onto Yellowstone Drive,Yosemite Drive, and Hill-N-Park Drive in addition to the proposed cul-de-sac. The proposed design of the site will not allow for direct access to the proposed cul-de-sac. This is not in compliance with the requirements of the Weld County Public Works Department and the Department of Planning Services. The Weld County Z-569, Lifestyle Homes,2 Sheriff's Office has similar concerns regarding the numerous accesses proposed as stated in their referral received February 26, 2002. Other comments from the Sheriff's Office are regarding the importance of Homeowner's Associations which the applicant did not address in the application, road names and maintenance of the internal road, and displaying addresses clearly on the residences 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. If the Planning Commission recommends approval of the Change of Zone from R-5 (Mobile Home Residential)to R-2(Duplex Residential),the Department of Planning Services recommends approval with the following conditions: 1. The Change of Zone Plat map shall be submitted to the Department of Planning Services for recording within 60 days of approval by the Board of County Commissioners. 2. Prior to scheduling a hearing before the Board of County Commissioners: 1. Application materials indicate water service is to be provided by the City of Evans. Appropriate documentation shall be provided which indicates not only that taps are available, but provide assurances that these connections will be made. The style of assurance may take several forms, however pre-purchase of taps, line extension agreements,tap service agreements,or another form of"participation agreement"will be acceptable. The agreements shall be approved by the Weld County Attorney's Office. 2. Application materials indicate sewer service is to be provided by the City of Evans. Appropriate documentation shall be provided which indicates not only that taps are available, but provide assurances that these connections are made. The style of assurance agreements, or another form of"participation agreement"will be acceptable. The agreements shall be approved by the Weld County Attorney's Office. 3. Prior to Recording the Change of Zone plat: A) The following notes and information shall be delineated on the Change of Zone plat: 1. The plat shall meet all requirements of Section 23-2-50.D.of the Weld County Code. 2. The applicant shall attempt to address the requirements (concerns) of the City of Evans. Written evidence shall be submitted to the Department of Planning Services' prior to recording the plat. (Department of Planning Services) 3. The applicant shall submit a proposed estimate of time for construction of the duplexes. (Department of Planning Services) 4. The applicant shall attempt to address the requirements(concerns)of the Milliken Fire Protection District. Written evidence shall be submitted to the Department of Planning Services. (Department of Planning Services) 5. The applicants shall address the requirements (concerns) of the Weld County Sheriff's Office. Written evidence shall be submitted to the Department of Planning Services. (Department of Planning Services) Z-569, Lifestyle Homes, 3 6. The applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 4. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: A. The Change of Zone from R-5 (Mobile Home Residential) to R-2 (Duplex Residential) is indicated in the application materials and is subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. B. The applicant shall utilize water and sanitary sewer from the City of Evans. (Department of Public Health and Environment) C. Weld County's Right to Farm as provided in the Weld County Code shall be placed on any recorded plat. (Department of Planning Services) D. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) E. All signs including entrance signs shall require building permits. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services and Building Inspection) F. No development activity shall commence on the property, nor shall any building permits be issued on the property until the Final Plan has been approved and recorded. (Department of Planning Services) G. Proper building permits shall be obtained prior to any construction, remodeling, demolition or excavation. (Department of Building Inspection) H. All structures shall conform to the Section 29-2-20 of the Weld County Code,Article II (1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article II (1998 International Mechanical Code), Section 29-2-40 of the Weld County Code,Article II (1999 Electrical Code), 29-2-50 of the Weld County Code,Article II (1997 International Plumbing Code) and Section 29-2-10 of the Weld County Code, Article II, Chapter 29 (current Weld County Building Ordinance). (Department of Building Inspection) All buildings or structures shall maintain distances from the property lines and adjacent structures as outlined in Section 29-3-160 of the Weld County Code. (Department of Building Inspection) J. Personnel from the Weld County Departments of Public Health and Environment, Public Works,and Planning Services'shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. Z-569, Lifestyle Homes,4 5. The Final Plat application shall adhere to Section 24-4-40 of the Weld County Code, and shall specifically address the following as well: 1. The Final Plat application shall include an Improvements Agreements in accordance with Section 24-9-10 and 24-9-20 of the Weld County Code. The agreements shall include the internal roads, landscaping,and any other appropriate construction elements. The applicant shall indicate if the road maintenance for the internal road will be the responsibility of the Homeowner's Association (JER Partnership)or if the applicant will request that the road be placed on the County road system. (Department of Planning Services) 2. If applicable, the draft covenants and Home Owner's Association bylaws shall be submitted or an indication given that the Final Plat will be covered under existing West Hill-N-Park covenants and bylaws. (Department of Planning Services) 3. The applicant shall submit a copy of the Final Plat with street names to be reviewed by the Department of Building Inspection, Weld County Sheriff's Office, Mountain View Fire Protection District and the Post Office which will serve the development. Comments from these agencies shall be submitted to the Department of Planning Services with the Final Plat application. (Department of Planning Services) 4. The applicant shall submit a detailed drainage report,performed by a registered professional engineer. The study shall include a proposal and plans to ensure storm water run-off is appropriately managed for the site. Storm water off Lot B will not be allowed to exceed the existing conditions. (Department of Public Works) 5. The applicant shall submit a digital file of all drawings associated with the Final Plat application. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) Z-569, Lifestyle Homes, 5 -CA)(/MAILED t 4 /3/oz mitt d ;%!%., DEPARTMENT OF PLANNING SERVICES ID PHONE (970)353-6100, EXT.3540 111 FAX (970)304-6498 C. WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 3, 2002 Billie McDivitt 920 54th Avenue, Suite 200 Greeley, CO 80634 Dear Mr. McDivitt, This letter is in regards to pending case #Z-569 (rezone from R-2 to R-5 in Hill-N-Park) that was continued until May 7, 2002 at the March 5, 2002 Planning Commission hearing. I spoke to you by phone on March 12, 2002 and indicated that I would need your amended plans for this case by March 26, 2002 to allow adequate time for staff review and adequate time for review and response from referral agencies (if required). Amended plans have not been received at this time. Therefore, the Department of Planning Services, at the May 7, 2002 Planning Commission hearing, will recommend an indefinite continuance of this case. An indefinite continuance will require the case to be re-advertized in the paper and a public notice sign to be re-posted on the property. The case will not be rescheduled until amended plans and all necessary information are submitted to the Department of Planning Services. Feel free to contact me if you have any questions in this matter. Sincerely, 61,41. ota Chris Gathman Planner-AICP ^ �1 DEPARTMENT OF PLANNING SERVICES T PHONE (970) 353-6100, EXT.3540 ip FAX (970) 304-6498 WELD COUNTY ADMINISTRATIVE OFFICES C. 1555 N. 17TH AVENUE GREELE Y, COLORADO 80631 www.co.weld.co.us COLORADO February 22, 2002 Lifestyle Homes Billy McDivitt 920 54th Avenue, Suite 200 Greeley, CO. 80634 Dear Mr. McDivitt and fellow Lifestyle Homes representatives, This letter is to inform you of the Weld County Planning staff recommendation that will be presented at the March 5, 2002 Planning Commission meeting regarding your project (application #Z-569). Planning staff will be recommending that this case be continued until the May 7, 2002 Planning Commission hearing. This is due to the fact that you are looking into potentially revising the layout of the lots and access which may require referral agencies and Planning staff to re-review your proposal. If Planning Commission decides to hear the case on March 5, 2002, Weld County Planning Staff will be recommending denial of your application. The preliminary Weld County Planning Staff recommendations regarding this case will be mailed to you on February 26, 2002. If you revise the layout of the lots and access after the Planning Commission hearing and prior to the Board of County Commissioners hearing the Department of Planning Services may recommend that referral agencies re-review the application and that the application be brought back before the Board of County Commissioners. If this case is denied by the Board of County Commissioners it will impact how and when you can reapply to rezone this property. Section 2-3-10 of the Weld County Code states: "Except in those cases to which the requirements of Subsection B below apply, neither an applicant nor his or her successors in interest in property for which a land use application was denied within the preceding five (5)years may submit a land use application or request a rehearing on a previously submitted application for any portion of the property contained in the original application unless the Board of County Commissioners has determined that, based upon a showing by the applicant, there has been a substantial change in the facts and circumstances regarding the application subsequent to the original decision of denial by the Board of County Commissioners or that there is newly discovered evidence which would have been likely to affect the outcome of the original decision that the applicant could not have discovered with diligent effort prior to the original decision of denial" The requirements and procedures for substantial changes to denied applications are under Section 2-3-10 of the Weld County Code. The Weld County Code can be located on the county website at www.co.weld.co.us. Please contact me if you have any questions or concerns regarding this matter Sincerely, Chris Gathman Planner-AICP r " tt tx t t h a pi I 11 4 III t? M y I t 99, 11=I 1 IpI :f' III ,1{tai I I iX(t , {f, �ll r t u t IIIIIII1+11iir' '1111) . tt p I t I S( t � ••I t tj j(!(k •! >» art t�fr 3313 ' #� • F ,Ii t 111 ( d n :v tt �4 t ; YIt e noth#Iii tt n (}j ti 9:alf '� t'r'n - ,a &iiiii.### . ji1 Itt ll�l{ ills i{ 'li!' a ,� rinitiill sr 'I� 4[! '°. N d 'f �t`1 ! + ♦ s - µ ' I,�ay �il ti If �'I111i11 III I �I I I a it Qlntlri { ai a +4t g ll toili,43,14 "Via s• r� '1� �3il lsilii '9�G.�31, „ �� CR fi 11N1, �{ t a otitz ii all1 III {# R , 1 , $ Ili ,.4 f i A~ki Hl ifRifl; t H(1i II u1I I11k 11 t Ihitt'tt iiu( d a I'tl it t i " Ili t & �# t+ t Iliq{ , r p�! 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Name: MVC-001S.JPG Dimensions: 640 x 480 pixels 1c-L]OSL k S/c17:V 6/17H, friC 'l / [ /i / <��v C J Q -e 1w MEMORANDUM Wi`Pe TO: Weld County Planning FR Me Carla Angel & Chris Gathman Commissioners Planners 2/25/02 COLORADO SUBJECT: Recommendation of continuance for Z-561 (Lifestyle Homes) The Department of Planning Services is requesting that this case be continued until May 7, 2002. This is due to the fact that the applicants are exploring the possibility of changing the layout of the proposed subdivision to address comments received from referral agencies (specifically the Department of Public Works). A revision of the layout of this subdivision (if determined to be a substantial change) will require the application be sent back out to referral agencies for additional review. Staff comments and recommendations may have to be modified based on these referral comments and a review of the modified subdivision layout. SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT I V Mar-05-2002 12:01pm From-LIFESTYLE HOMES / CLARKSON LAND 9703530811 T-338 P 001/001 F-060 920 54m Avenue,Suite 200 Greeley,CO 80834 Clarkson Land, LLC. Telephone:(970)353-0802 Fax:(s�o)353 08„ Lifestyle Homes, Inc. Memo To: Carla Angell From: Billy McDivitt Fax: 970-304-6498 Pages: 1 including cover Phone: 970-353-6100 Date: 3/5/2002 Re: Hill N Park Lot B,Case#Z-569 CC: X Urgent CI For Review 0 Please Comment 0 Please Reply C] Please Recycle Dear Carla- We are in the process of reviewing and revising the project in cooperation with Drew Sheltinga and Weld County Public Works and Engineering based on the comments received for Hill N Park Lot B. In the matter of rezoning and our hearing before the Planning Commission, we agree with your proposal of continuing the hearing of this project until the next meeting on May 7, 2002. Thank you for your assistance to this point with this project, we look forward to more progress in the near future. If you should have any questions or need further assistance, please do not hesitate to call me at 970-353-0802. Billy McDivitt Project Manager Hill N Park Lot B 0.1 i(eTs,\H‘:, DEPARTMENT OF PLANNING SERVICES W I`D C PHONE (970) 353-6100, E4.6498 FAX (9(970) 3004-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 January 8, 2002 Lifestyle Homes Inc 920 54th Avenue Greeley CO 80634 Subject: Z-569- Request for a Change of Zone from R-5 to R-2 in the Hill N Park Subdivision on a parcel of land described as Hill N Park, Lot B, a subdivision in the S2 of Section 26, T5N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicant: 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 March 5,2002,at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, 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 Evans and Greeley Planning Commission for their review and comments. Please call Evans at(970)339-5344 and Greeley at(970)350-9780 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 Evans and Greeley 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, Chris Gathman/Carla Angeli tJ Planners EXHIBIT 1 Cti1A- V UX • CASE NO. 1) • 32-51 ACID NAME E hT '�,s I' Hom t ,dn n SE.0 tONF n1 L-6( r1�,.... NEOUEST:. (",�..., e�.�r�7 ,'. A PUBLIC NEARING CONCERNING 710 PROPERTY WILL BE NELDAT 1SS NN* 1701 AVE.GREELEY,COLORADO SIN, opil11AKCH ".20i2 AT 1:30,,. POR MORE INFORMATION CALL nit WELD COUNTY DEFT.OF FLAN6Np .n. AT 970 36}4100 EAT ,. 0 MN �-. FIELD CHECK CASE NUMBER: Z-569 DATE OF INSPECTION: 1 -1 6-2002 APPLICANT'S NAME: Lifestyle Homes PLANNER: Chris Gathman/Carla Angeli REQUEST: Change of Zone from R-5 to R-2 in the Hill N Park Subdivision. LEGAL DESCRIPTION: Hill N Park, Lot B, a subdivision in the S2 of Section 26, T5N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to WCR 52 (491h Street); 1/2 mile west of WCR 35 (35th Avenue). LAND USE: N Fire Station, Senior Center and mobile home park E mobile home park S open field with residence, RV storage lot with home 49th St. W Our Little Store, mobile home park ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: This application is for a vacant lot at the entrance to Hill N Park The mobile home park will surround the protect on 3 sides . On the south is 49th St. which is largely undeveloped with the exception of 2 homes and the RV storage lot. This type of development is unlike the surrounding development (mobile homes ) but this area has numerous stick built homes close by. It appears that the roads and services are adequate for this proposal. PC. Member EMMET FIELD CHECK inspection date: 02/14/02 CASE NUMBER: Z-569 APPLICANT: Jer do Lifestyle Homes LEGAL DESCRIPTION: Hill-N-Park, Lot B a subdivision in the S2 of Section 26-5-66 LOCATION: North of and adjacent to County Road 52 (49th St.), 1/2 mile West of County Road 35 (35th Avenue) Zoning Land Use N R-5 N Park with the Senior Center and Fire District E A (agricultural) E Church (USR- 982) S A (agricultural) S Indian Hills Subdivision W C-2 W Convenience Store, Gas Station COMMENTS: Roads: CR 52 is paved Structures: no structures on the site, a few trees Landscaping: Features: Violations: Other: 2 r��- Chris Gathman, lanner Carla Angeli, Planner rr. EXHIBIT 1 3 Hello