HomeMy WebLinkAbout20051290.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: 2005-XX
APPLICANT: Carma Colorado do Tom Morton
PLANNER: Monica Mika
LEGAL DESCRIPTION: Located in the SE4; the NW4 of Lot B RE-1450; part of the NE4 of Lot A RE-1840;
the N2NE4; the SW4; and part of the NE4 all in Section 25, T3N, R68W of the 6th
P.M., Weld County, CO. Part of the W2; and the NE4 all in Section 35, T3N, R68W
of the 6th P.M., Weld County, CO. The E2NW4/NW4NW4 of Lot B AmRE-1140;
the SW4NW4; and the N2NE4 all in Section 36, T3N, R68W of the 6th P.M., Weld
County, CO.
REQUEST: Petition for revision to the Mixed Use Development Area of Unincorporated Weld
County.
LOCATION: South of and adjacent to State Hwy 66; east of and adjacent to CR 11; west of and
adjacent to CR 13; south of and adjacent to CR 28; and east of and adjacent to l-
25 frontage road.
be recommended favorably to the Board of County Commissioners 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:
22-1-150.B.1.'Comprehensive Plan amendment proposals shall be considered bi-annually with a public
hearing process beginning in March or September of each year." The application was received by the
Department of Planning Services on January 26, 2005.
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 paid all associated land use fees.
22-1-150.B.3. 'A typewritten original and eleven (11) copies of the proposed amendment must be
submitted to the Department of Planning Services no later than February 1 or August 1 of each year to be
considered for review and public hearings." The applicant supplied ample copies to the Department of
Planning Services on January 26, 2005.
22-1-150.8.3.a 'A statement describing why the comprehensive plan is in need of revision."
Currently, the entire site is located within the MUD area but the land use designations are not consistent
with the Structural Land Use map 2.1. The proposed parcels are located in the 208 boundary for St Vrain
Sanitation District and the parcels are able to receive sanitary sewer from St Vrain Sanitation District and
potable water from Little Thompson Water District. Service commitment letters have been supplied by the
applicant.
22-1-150.8.3.b.'A statement describing how the proposed amendment will be consistent with existing and
future goals, policies, and needs of the County."
2005-1290
Resolution 2005-XX
Carma Colorado
Page 2
The applicants have examined the amenities of the MUD plan and have committed to provide the open
space and the future school site locations as required. The application states a willingness to set aside land
for a future law enforcement and fire substation. 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 subdividing rest in the ability to create a mixture of residential land uses with nearby
employment opportunities. The applicants have not made a specific commitment to improve the influenced
County roads, but they have stated this issue would be resolved prior to the Change of Zone. Weld County
Public Works reviewed this application and found no objection to the proposal.
The proposed site does not lie within any Intergovernmental Agreement areas, nor is the site included in a
municipal growth area. To be consistent with Section 22-2-100 of the Weld County Code, Urban Scale
residential development must occur within either one of these areas or within the MUD. Many of the parcels
associated with this application have been in the MUD area since the development of the district. The
parcels in Section 25 were included in the MUD boundaries in September of 2001.
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 392 acres of open space divided into numerous
parks with open space connections throughout the subdivision. In accordance with Appendix 26.E, 20%
(262 acres) of the site will need to be dedicated to open space. The application has been designed to
locate higher intensity uses along State Highway 66, and County Roads 13 and 28.
22-2-60.C. A.Policy 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 urban scale water and sewer capabilities.
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".
The applicant intends to create a planned community capable of providing residential with commercial 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".
There are several existing water features that will be incorporated in a successful design. Much of these
areas are dedicated to recreational opportunities for the residents of the community.
22-2-170 C.I.Goal 3. of the Comprehensive Plan states "Achieve a well-balanced, diversified industrial
sector in order to provide a stable tax base and to provide a variety of job opportunities for County citizens".
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. With the modified plan, the applicant is creating
Industrial and Commercial areas within the community located adjacent to arterial and state roadways.
22-2-170.R. Goal 2 of the Comprehensive Plan states that any proposed residential development shall,
'Promote efficient and cost effective delivery of public facilities and services to residential development or
district." 22-2-170 R. Policy 2 further elaborates, "The land-use application has demonstrated that
adequate sanitary sewer and public water systems are available to all 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, in October 2004, the site will generated 46,650
external vehicle trips on an average weekday. Weld County Public Works is working with the applicant to
ensure that the appropriate infrastructure is in place to accommodate this amount of traffic.
Resolution 2005-XX
Carma Colorado
Page 3
3. The following procedures to amend the 1-25 Mixed Use Development Area Map are outlined in Section 22-
1-150 of the Weld County Code as amended:
22-1-150.4.a.'Demonstrate the proposed inclusion into the Mixed Use Development are map or
modification to the existing land use classification, is adjacent to and contiguous with the existing 1-25 MUD
Area Map." The site is currently within the MUD boundary.
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 Service will provide for the emergency related service in this area assisted
by Mt. View Fire Protection District.
The municipalities of Frederick, Firestone, Mead, and Longmont have reviewed this application. Longmont
commented with concerns, Mead recommended denial of this application.
22-1-150.4.c.'Delineate the number of people who will reside in the proposed area. This statement shall
include the number of school-aged children and address the cultural and social service provision needs,
such as schools, of the proposed population."The application materials indicate that approximately 13,000
people will live within the 4,926 residential units created. The application will generate 2,708 new students
for the St Vrain Valley schools.
In addition to residential units, the application proposes 530,300 sq ft of retail/civic, 43,600 sq ft of office
space, two elementary schools, one middle school and two recreation centers. Many of these amenities will
be operated by Metropolitan districts.
The application does not state whether or not the applicant has agreed to pay the school impact fee and or
the school capacity fee as stated in their application materials This information must be addressed at the
time of Change of Zone.
It is the opinion of the Planning Commission based on referral agency comments that 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.
The Planning Commission recommends the following Conditions of Approval and Development Standards:
1. The applicants shall work with the Weld County Attorney's office to establish a metropolitan district
to assure future municipal level services. (Department of Planning Services)
Motion seconded by Bruce Fitzgerald
Resolution 2005-XX
Carma Colorado
Page 4
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
Chad Auer
Doug Ochsner
James Welch
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to
the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above
and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado,
adopted on March 15, 2005.
Dated the 15th of March, 2005.
\
Voneen Macklin
Secretary
- )5 -cOu5
James Rohn moved to delete Development Standard#33. Doug Ochsner seconded. Motion carried.
James Rohn moved that Case USR-1455,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
CASE NUMBER: 2005-XX
APPLICANT: Carma Colorado do Tom Morton
PLANNER: Monica Mika
LEGAL DESCRIPTION: Located in the SE4; the NW4 of Lot B RE-1450; part of the NE4
of Lot A RE-1840; the N2NE4; the SW4; and part of the NE4 all in
Section 25, T3N, R68W of the 6th P.M., Weld County, CO. Part of the
W2; and the NE4 all in Section 35, T3N, R68W of the 6th P.M., Weld
County, CO. The E2NW4/NW4NW4 of Lot B AmRE-1140; the
SW4NW4; and the N2NE4 all in Section 36, T3N, R68W of the 6th P.M.,
Weld County, CO.
REQUEST: Petition for revision to the Mixed Use Development Area of
Unincorporated Weld County.
LOCATION: South of and adjacent to State Hwy 66; east of and adjacent to CR 11;
west of and adjacent to CR 13; south of and adjacent to CR 28; and east
of and adjacent to 1-25 frontage road.
Kim Ogle, Department of Planning Services presented Case CC2005-XX,reading the recommendation and
comments into the record.The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standard. Staff is recommending the following
language be added: The applicants shall work with the Weld County Attorney's office to establish a
metropolitan district to assure future municipal level services.
John Folsom asked if the Town of Firestone had been sent a referral since they have now annexed within
three miles of the site. Mr. Ogle indicated there was a signature card in the file from the Town of Firestone.
Mr. Folsom asked if this was amending the land use on the MUD Map and Planning Commission will hear
individual cases when they are submitted. Mr. Ogle stated that is correct,this is a condition of approval prior
to moving onto the change of zone process.
Michael Miller asked for clarification with regards to locations of properties within municipal boundaries,
specifically the Town of Mead. Mr.Ogle addressed this question referencing the relationship of the proposed
MUD map.
Tyler Packard,representative for Carma Colorado, indicated he had nothing to add to staffs presentation. He
indicated that there are consultants available for questions of the board.
John Folsom indicated his concern with the school district responses. Mr. Packard indicated they have met
with the school district and are exploring ways to address their concerns with the final number of student that
will be brought to the area. This will have a significant impact on the school district and it is in the best benefit
for both to mediate those concerns from the beginning. Mr. Folsom indicated there are no elementary or
middle schools in the area. Mr. Packard stated they have designated a spot for an elementary school. Mr.
Folsom indicated the school district does not have the money for the structures, there is no bond issue and
that takes a significant amount of time. Mr. Folsom suggested mitigation for the developers to provide
voluntary capital mitigation donations for the school development. Mr.Tyler indicated they have met with the
officials and it has been preliminarily discussed with them as a possibility.
Michael Miller asked if the five individual land owners will be bringing in separate applications for
developments. Mr. Packard indicated they are representing those individuals and that Carma Colorado has
the option to purchase the land.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
James Rohn asked how long this property been in MUD District. Mr. Ogle indicated it has been in the MUD
• since the inception, 1997. Section 26 was added in 2001.
James Rohn asked about a letter that was inadvertently included in the packet from Mr. Folsom. The letter
was in reference to a different case that has nothing to do with this application.
Bruce Fitzgerald moved to remove Mr. Folsom's letter from the packet. Chad Auer seconded. Motion carried
Kim Ogle indicated there was one condition proposed by staff for the applicant to work with the Weld County
Attorneys office. Mr. Morrison added they have submitted a draft of the Metropolitan District Plan already.
James Rohn moved to approve staff recommendation. Bruce Fitzgerald seconded. Motion carried.
Doug Ochsner asked Peter Schei, Public Works about there being not being any required improvements with
this application,but there will be improvements at the change of zone application. Mr.Schei stated the sketch
plan review was general but the items will be worked out in the change of zone process. The concerns that
will be addressed will be both on site and off site improvements.
Doug Ochsner moved that Case 2005-XX,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
James Rohn commented that with a development this size he hopes that at the change of zone the applicant
has worked out the issues pertaining to the schools, Public Works and fire department.
Meeting adjourned at 3:30 pm
Respectfully submitted
Voneen Macklin
Secretary
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