HomeMy WebLinkAbout20033219.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Olando LLC Case Number SCH-24
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
BOCC Hearing Certification and Resolution for PZ-547 X
Planning Commission summary for PZ-547 X
Department of Planning Services Field Check Form X
Planning Commissioner Miller Field Check Form X
Letter to Applicant X
Affadavit of sign posting and photograph X
Legal Notifications X
2 Application X
Maps X
Deed X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment
Colorado Department of Transportation, referral received 9/19/2003 X
4 Referrals with comments X
Weld County Department of Public Health and Environment, referral received X
10/10/2003
Platte Valley School District, referral received 9/11/2003 X
Weld County Department of Public Works, referral received 9/30/2003 X
Weld County Sheriff's Office, referral received 9/16/2003 X
West Greeley Soil Conservation District, referral received 9/17/2003 X
Weld County Building Inspection, referral received 9/12/2003 X
Weld County Zoning Compliance, referral received 9/10/2003 X
5 Planning Commission Resolution
I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Board of County Commissioners hearing.
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Sheri Lockman ❖ Planner II
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DEPARTMENT OF PLANNING SERVICES
Wi`,PC SUBSTANTIAL NATION
ADMINISTRATIVESTRAT REVIEW
COLORADO
Case#: SCH-24 Hearing Date: November 4, 2003
Applicant: Olando Limited Liability Co. do Tammy Ellerman and Ed Orr
Address: 826 99' Street, Greeley, CO 80631
Request: A Review of a Previously Denied Application for Land Use (Change of Zone PZ-547),
and request for a Substantial Change Determination
Legal Description: Lot B RE-2016; being Part of the SE4 of Section 16, T6N, R64W of the 6th P.M., Weld
County, Colorado.
Location: North of and adjacent to State Highway 392 & %mile east of County Road 53
Parcel #: 0801 16 000070 Parcel Size: 76 +/- acres
1. It is the opinion of the Department of Planning Service's staff that the applicant has demonstrated that
a substantial change has occurred and recommends approval of the applicant's request.
2. The Weld County Board of County Commissioner's Resolution dated May 16, 2001 denied Change of
Zone Z-547 on the subject property for the following reasons:
A. Section 27-6-120..5.c—The proposal is not compatible with the existing or future development
of the surrounding area as permitted by the existing zone district and with the future development
as projected by Chapter 22 of the Weld County Code.The proposed uses are inconsistent with
agricultural uses in the neighborhood, specifically including a 5,000-head dairy and
B. Section 27-6-120.5.d —The applicant has not demonstrated that adequate public water will be
available to the site to serve the uses permitted within the proposed Planned Unit Development
in compliance with the Performance Standards in Section 27-2-10 of the Weld County Code. In
addition, there does not appear to be adequate provisions made for the irrigation and
maintenance of the common open space.
C. Section 27-2-50 Circulation—This performance standard provides that: "Development within a
Planned Unit Development Zone District shall be designed and constructed to include adequate,
safe and convenient arrangements for pedestrian and vehicular circulation,off-street parking and
loading space.Pedestrian and vehicular circulation shall relate to the circulation system external
to a PUD Zone District."The direct access onto State Highway 392 does not provide a safe and
convenient arrangement relating to the external road. An access onto a County road would
provide a more safe and convenient access.
D. Section 22-2-60.A.2 of the Weld County Code discourages conversion of prime farmground to
non-agriculture related uses. There is evidence that the parcel has been productive in the past
and that a portion has been designated as prime farmground.
EXHIBIT
1
2003-3219
3. Pursuant to Chapter 2, Article II, Section 2-3-10 of the Weld County Code, the Board of County
Commissioners shall consider the applicant's request for a Hearing of Substantial Change and whether
within the concept of a new application,the facts and circumstances of which are substantially changed
from the initial application:
Criteria 1. --Has the land-use application substantially changed? (e.g.,substantial changes in lot size
or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed)
The applicant originally proposed to create a Planned Unit Development with six (6) Estate Lots of
approximately four(4)acre each and one Agricultural lot of 33.86 acres.The new proposal is to create
a nine (9) lot Minor Subdivision. The lots range in size from 5.05 acres to 15.40 acres.
The new proposal has the following changes:
A) The applicant has increased the number of residential lots from seven (7) to nine (9).
1) Staff has determined that the proposed increase in the number of lots is not a substantial
change.
B) The road has been moved to the east.
1) Staff has determined that the movement of the road has not substantially changed the
provision for a safe and convenient arrangement relating to the external road.
C) Open space has been deleted.
1) The original application indicated that the Homeowner's association would be able to lease
water from the applicant for irrigation of the lots and open space. The Board of County
Commissioners included in the reasons for denial the fact that their did not appear to be
adequate provisions made for the irrigation and maintenance of the common open space.
The new proposal does not include open space and irrigation water is not addressed.Staff
does believe that this is a substantial change from the original application and does directly
address one of the reasons for denial.
D) Increased lot sizes.
1) The application indicates that the large individual lot sizes will provide an opportunity for
buffering and screening from the adjacent land uses. Staff does not feel that the
opportunity for buffering and screening has substantially changed nor do we feel that this
would assist in the compatibility of the site with the surrounding properties, specifically the
5,000-head dairy.
Criteria 2. —Have the surrounding land-uses substantially changed? (e.g., has the adjacent land use
changed during the period of time since the last application such that what would be compatible with
the adjacent use has changed)
Criteria 3. — Have applicable provisions of the law substantially changed? (e.g., the applicant is
proposing using a different procedure so a different set of criteria apply or the applicable ordinance has
been amended by the Board so the criteria have substantially changed)
The original application was for a Planned Unit Development. The new proposal is for a Minor
Subdivision.Although the applications are similar they do follow a different set of criteria. Staff agrees
that this is a substantial change.
2
Criteria 4.—Within the concept of rehearing the previously denied application,is there newly discovered
evidence that the applicant could not have discovered with diligent effort at the time of the original
application ?
4. Weld County Planning Staff has determined that the submitted information does meet the intent of a
substantial change as outlined in Chapter 2, Article II, Section 2-3-10 of the Weld County Code and
therefore should be allowed to submit the application discussed in the Substantial Change.
3
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS OCTOBER 3_THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR SCH - 24 IN THE A (AGRICULTURAL) ZONE DISTRICT.
VONEEN MACKLIN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
7
The foregoing instrument was subscribed and sworn to me thig / day of Lit: (— ZI , 2003.
WITNESS my hand and official seal.
lit /7 1
tary Public
My Commission Expires:
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DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (970)304-6498
WI ' 1555 N. 17TH AVENUE
ID O GREELEY, COLORADO 80631
C.
COLORADO
•
September 3, 2003
Olando LLC
c/oTodd Hodges Design LLC
1269 North Cleveland Avenue
Loveland CO 80537
Subject: SCH-24- Request for Review of a Previously Denied Application for Land Use (Change of Zone
PZ-547),and request for a Substantial Change Determination on a parcel of land described as Lot
B RE-2016; being part of the SE4 of Section 16, T6N, 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 have scheduled
a meeting with the Weld County Planning Commission for November 4,2003,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.
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.
Respe t ully, y��A
Sheri Lockman
Planner
FIELD CHECK
n CASE NUMBER: SCH-24 DATE OF INSPECTION:
APPLICANT'S NAME: Olando LLC c/o Tammy Ellerman & Ed Orr
PLANNER: Sheri Lockman
REQUEST: Review of a Previously Denied Application for Land Use(Change of Zone PZ-547), and request
for a Substantial Change Determination.
LEGAL DESCRIPTION: Lot B RE-2016; being part of the SE4 of Section 16, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and 1/2 mile east of CR 53.
LAND USE:
5* 3`1J - f-4Riv1/4s7Ar 4C.405S th4D
E RJUkrt0 t}K4- LAMES (1w Rtli,4n-b1.- PA--IVat 'IL E
N 3 S R,4 'b.'hw Fhr✓vn,S
W NW- tM, RtitLi 2. • ILMM.1- to j+i6lh
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
beAr1 Y 5(4Pit,(,- � l r{,1Ltl9 kith i{-mf' &OVD AC 6-5S
711a
P.C. Member
r
FIELD CHECK inspection date:10/23/2003
CASE NUMBER: SCH-24
APPLICANT: Olando Limited Liability Co. do Tammy Ellerman and Ed Orr
LEGAL DESCRIPTION: Lot B RE-2016; being Part of the SE4 of Section 16, T6N, R64W of the
6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 392 & '/z mile east of County Road 53
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: The site is currently in alfalfa with no improvements. The
site slopes to the south. Owl creek boarders the east side
of the property. There is a very large dairy operation 1/4
mile to the east.
11C7j7/1% Ll
Sheri Lockman , Planner II
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