HomeMy WebLinkAbout20012968 BOARD OF COUNTY COMMISSIONERS
PHONE (970) 356-4000, Ext. 4200
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
October 1, 2001
Donald LaFaver
2185 Pinedrop Lane
Golden, Colorado 80401
Dear Mr. LaFaver:
Your application to Modify Condition of Approval #1.6 to change building heights from 30 feet
to 40 feet in the R-1 Planned Unit Development (PUD) Zone District has been recommended
unfavorably to the Board of County Commissioners by the Planning Commission. The legal
description of the property involved is shown as part of the Lighthouse Cove PUD, recorded
under reception number 2836059, being part of the N1/2 of the NE1/4 of Section 16,
Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will be necessary for you to
indicate your request by signing the bottom of this letter and returning it to this office. Regular
hearing procedures will then be followed.
In order to proceed as quickly as possible, we must receive your reply by October 31, 2001. If
we are not in receipt of your request by that date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
-
�
M. J. Geile, Chair
MJG/eeg
I/we, L oaArmn C.laccc.\ , do hereby request the Board of County
Commissioners to consider the above mentioned ication.
EXHIBIT
ie
2001-2968
I'launed lion \ L rrt .mcni Uo.dc It�.tuir cal,'LIs Sic 27h-1 eu
a. That the proposal is consistent with any intergovernmental agreement in effect inflnencin.e the
PUD and Chapters 19, 22, 23, 24 and 26 of this Code.
b. That the uses which would be allowed in the proposed MD will conform with the pedbrnlance
standards of the PUD Zone District contained in Article II of this Chapter.
c. That the uses which would be permitted shall be compatible with the existing or iluurc
development of the surrounding area as permitted by the existing zoning, and with the f lure
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
d. That the PUD Zone District shall he serviced by an adequate water supply and sewage disposal
system in compliance with the performance standards in Article II of this Chapter.
e. That street or highway facilities providing access to the property are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the uses of the proposed
PUD Zone District.
f. In the event the street or highway facilities are not adequate, the applicant shall supply
information which demonstrates the willingness and financial capacity to upgrade the street or highway
facilities in conformance with the Transportation Section of Chapters 22, 24 and 26 of this Code, if
applicable. This shall be shown by submitting with the PUT) district application a separate proposal for
on-site and off-site improvement agreements. This proposal shall describe, in detail, the type of on-site
improvements in compliance with Section 24-9-1(1 and off-site road improvements in compliance with
Section 24-9-20 of this Code, to determine if the requirement for street or highway facilities providing
access to the property has been satisfied. The method of guarantee shall conform with the Comity's
policy regarding collateral for improvements.
g. That there has been compliance with the applicable requirements contained in Chapter 23
regarding overlay districts, commercial mineral deposits and soil conditions on the subject site.
h. Consistency exists between the proposed zone district, uses and the specific or conceptual
development guide.
2. The Secretary of the Planning Commission shall forward the official recommendation of the
Planning Commission and the information contained in the official record, which includes the Department
of Planning Services case file, to the Board of County Commissioners within fifteen (IS) days alter said
recommendation has been made.
3. If the Planning Commission recommendation is conditional upon the applicant completing certain
specified items prior to the publication of the notice for the hearing by the Board of County
Commissioners, the fifteen-day period shall commence upon submission of the items by the applicant to
the Department of Planning Services.
D. Duties of the Board of County Commissioners. After receipt of the Planning Commission's
recommendation, the Board of County Commissioners shall hold a public hearing to consider an application
for a change of zone to a PUD Zone District.
I. Set a Board of County Commissioners public hearing to take place not less than fifteen (15) days
and not more than forty-five (45) days after receipt of the Planning Commission's recommendation, for
consideration of the proposed change of zone.
EXHIBIT
1
4---
27 19
rnCCD'Z r# ,
Planned liril Hey,i.ywnu•nl- Enid: Rival nitric.; Si . l) b I!0
2. Arrange for legal notice of said hearing to be published once in the newspaper designated b) the
Board of County Commissioners for publication of notices. At the discretion of the Hoard of County
Commissioners, a second notice may be published in a newspaper which is published in the area in which
the PUD plan is proposed. The failure to publish the second notice shall not create a jurisdictional defect in
the hearing process. The date of pul lication shall be at least fifteen (15) days prior to the hearing.
3. Arrange for the Department of Planning Services to post a sign on the property under consideration
for the PUD plan according to the requirements of Paragraph 11.5 above.
4. Give notice of the proposed change of zone and the public hearing date to those persons listed ii the
application as owners of property located within five hundred (500) feel of the parcel under consideration,
and owners and lessees of the mineral estate on or under the parcel under consideration. Such notification
shall be mailed, first class, not less than fifteen (15) days before the scheduled public hearing. Such notice
is not required by state statute and is provided as a courtesy to the owners and lessees of the mineral estate
on or under the parcel. Inadvertent errors by the applicant in supplying such list or the Hoard of Co.ntty
Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if
such error results in the failure of a surrounding property owner or owners and lessees of mineral estates to
receive such notification.
5. The Board of County Commissioners shall hold a public hearing to consider the application and to
take final action hereon. In making a decision on the proposed change of zone, the Board shall consider the
recommendation of the Planning Commission, the facts presented at the public hearing and the information
contained in the official record, which includes the Department of Planning Services case file. The Hoard
of County Commissioners shall approve the request for the application only if it finds that the applican has
net the applicable requirements of Paragraphs a through h below. The applicant has the burden of pro&f to
show that the following standards and conditions have been met:
a. That the proposal is consistent with any intergovernmental agreement in effect influencing the
PUD and Chapters 19, 22, 23, 24 and 26 of this Code.
b. That the uses which would be allowed on the subject property will conform to the performance
standards outlined in Article II of this Chapter.
c. That the uses which would be permitted shall be 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 this Code or master plans of affected municipalities.
d. Evidence that adequate public water and sewer will be nude available to the site to serve the uses
permitted within the proposed PUD in compliance with the performance standards in Article II of this
Chapter.
e. That 9rect or highway facilities providing access to the property are adequate in hinctional
classification, width and structural capacity to meet the traffic requirements of die uses of the proposed
Zone District.
f. In the event the street or highway faciliti s are not adequate, the applicant shall supply
information which demonstrates the willingness and financial capacity to upgrade the street or highway
facilities in conformance with the Transportation Section of Chapters 22, 24 and 26, if applicable. This
shall he shown by submitting., with the PUD district application, a separate proposal for on-site and
27-20
I'Innned tint! llevclupmenl - 1'exi, a...urni Guide Itcquireuu its Sri. 17 6-I!II
off-site road improvements. This proposal shall describe, in detail, the type of on-site improvements in
compliance with Section 24-9-10 and off-site road improvements in compliance with Section 24-9-20,
to determine if the requirement for street or highway facilities providing access to the property has been
satisfied. The method of guarantee shall conform with the County's policy regarding collateral for
improvements.
g. That there has been compliance with the applicable requirement contained in Chapter 23
regarding overlay districts, commercial mineral deposits and soil conditions on the subject site.
h. Consistency exits between the proposed zone district uses and the specific or conceptual
development guide.
i. Upon the Board of County Commissioners making its final decision, a resolution setting forth
that decision shall be drafted and signed. A record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board.
j. The Board of County Commissioners shall arrange for the Clerk and Recorder to record the
resolution and, if the proposed change of zone is approved, the rezoning plat. (\Veld County
Codification Ordinance 2000-1; Weld County Code Ordinance 2001-I)
ARTICLE VII
PUD Final Plan:
Step Three
Sec.27-7-10. Intent.
The intent of this Article is to provide the criteria for review of a PUD final plan. An applicant may submit
an application for a PUD final plan, provided that the PUD final plan is located within an existing 1tID Zone
District. A PUD final plan may encompass all or part of a PUD Zone District. The uses shall be identical to
those located and described in the approved development guide if a specific development guide was submitted.
In the event that a conceptual development guide was submitted for the change of zone application, a detailed
specific development guide shall be submitted along with the final plan requirements.
See.27-7-20. Filings and phasings of a final plan.
A final plan may develop in filings and phases within a PUD. A filing is where only a portion of the
development is platted at a time. An improvements agreement is required only for the filing being platted and
developed. In phasing the development, the construction of the development may occur within separate Filings
or for the entire subdivision. An improvements agreement is only required fur the phase being developed.
Within a tiling, a development can consist of multiple phases.
Sec.27-7-30. Requirements for submittal.
The following completed information is required for the final plan. The Director of Plannine Services has
the discretion to waive information not deemed necessary by the Department of Planning Services.
A. A recorded change of zone plat which delineates the proposed uses.
B. A copy of a certificate of title issued by a title insurance company or an attorney's opinion of the
title which shall set hrrth the names of all owners of property included in the PUD final plan. The list shall
include all mortgages, judgments, liens, easements, contracts and agreements of record in the County which
shall affect the property in the PUD final plan. If the attorney's opinion or certificate of title discloses any
of the above, the holders or owners of such mortgages, judgments, liens, easements, contracts or
agreements shall be required to join in and approve the application before the PUD final plan shall be acted
upon.
27-21
Plauued Unit Development-- Din elulimenl Guide Itequirenle Its tic. 17 0 1111
B. Duties of the Department of Planning Services. When an application is proposed in an area included in
an intergovernmental agreement, additional standards and criteria for review will apply. These standards are
intended to carry out the intent and goals of the intergovernmental agreement with the affected municipality.
The Department of Planning Services will review RID proposals for development influenced by an
intergovernmental agreement area in conjunction with the applicable standards set forth in the agreement.
Sec.27-6-120. Review procedure for change of zone.
A. Intent. The intent of this Section is to outline the criteria for evaluation of a change of zone by the
Department of Planning Services, the Planning Commission and the Board of County Commissioners.
B. Duties of the Department of Planning Services. The Department of Planning Services shall be
responsible for processing all applications for a change of zone to a PUI) 'Lone District. The Department shall
have the responsibility to ensure that all application procedures and requirements are met prior to any official
action. Once a complete application is submitted in compliance with Section 27-5-30 of this Chapter, the
Planner shall:
1. Set a Planning Commission hearing date not less than forty-five (45) days nor more sixty (60) days
after the complete application has been submitted.
2. Send the application to referral agencies for review and comment. The agency shall respond within
twenty-one (21) days after the application is mailed. The failure of any agency to respond within twenty-
one (21) days may be deemed a favorable response. All referral agency review comments are considered a
recommendation to the County for approval and denial of a change of zone application. The referral
agencies include those listed in Section 27-4-30 of this Chapter.
3. Arrange for legal notice of said hearing to be published once in the newspaper designated by the
Board of County Commissioners fix publication of notices. At the discretion of the Board of County
Commissioners, a second notice may he published in a newspaper which is published in the area in which
the PUD plan is proposed. The failure to publish the second notice shall not create a jurisdictional detect in
the hearing process. The date of publication shall be at least fourteen (14) days prior to the hearing. The
public notice shall include a legal description of the properly being considered for olfsite dedication for a
public purpose. If the cash-in-lieu option is selected, the public notice shall also include a statement to that
effect.
4. Give notice for the proposed change of zone and the public hearing (late to those persons listed in
the application as owners of property located within five hundred (500) feet of the parcel .Inter
consideration, and owners and lessees of the mineral estate on or under the parcel under consider:tion.
Such notification shall be mailed, first class, not less than fifteen (I5) days before the scheduled prblic
hearing. Such notice is not required by state statute and is provided as a courtesy to the owners and lessees
of the mineral estate on or under the parcel. Inadvertent errors by the applicant in supplying such list or the
Board of County Commissioners in sending such notice shall not create a jurisdictional detect in the
hearing process even if such error results in the failure of a surrounding property owner and lessees of
mineral estates to receive such notification. Notice shall include a legal description of the property being
considered for off-site dedication for a public purpose. If the cash-in-lieu option is selected, the public
notice shall also include a statement to that effect.
5. The Department of Planning Services shall post a sign for the applicant on the property under
consideration for a KID rezoning. The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way. In the event the
27-IRa
Minified 1)erctnpinenl Guide R.gairrnu•nls !7-6 III)
property under consideration is not adjacent to a publicly maintained road right-of-way, one (I) sign shall
be posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-
way. The sign shall be posted at least fifteen (15) clays prior to the hearing. The sign posting shah also
include a legal description of the property being considered for off-site dedication for a public purpose. A
sign shall be posted on the property under consideration as the oil-site dedication. If the cash-in-lieu option
is selected, the public notice shall also include a statement to that effect.
6. Prepare a staff recommendation for use by the Planning Commission addressing all aspects rf the
application. Planning staff recommendations will determine if:
a. The proposal is consistent with any intergovernmental agreement in effect influencing the PUD
and Chapters 19, 22, 23, 24 and 26 of this Code.
b. The uses which world he allowed in the proposed PUT) will conform with the performance
standards of the PUD Zone District contained in Article II of this Chapter.
c. The uses which would be permitted shall be compatible with the existing or future development
of the surrounding area as permitted by the existing zoning, and with the future development as
projected by Chapter 22 of this Code or master plans of affected municipalities.
d. The PUD Zone District shall be serviced by an adequate water supply and sewage disposal
system in compliance with the performance standards in Article II of this Chapter.
e. The street or highway facilities providing access to the property are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the uses of the prol-.osed
PUD Zone District.
f An off-site road improvements agreement and an on-site improvements agreement proposal is in
compliance with Chapter 24 of this Code, as amended, and a road improvements agreement is complete
and has been submitted, if applicable.
g. There has been compliance with the applicable requirements contained in Chapter 23 of this Code
regarding overlay districts, commercial mineral deposits and soil conditions on the subject site.
h. Consistency. exists between the proposed zone district, uses and the specific or conceptual
development guide and concerns identified in sketch plan comments provided pursuant to Section 27-4-
40 of this Chapter have been adequately addressed.
C. Duties of the Planning Commission. The Planning Commission shall recommend approval of the
application only if it finds that the applicant has met the applicable requirements or conditions of this Chapter
and supplementary district regulations and overlay restrictions in Chapter 23 of this Code.
1. The applicant has the burden of proof to show that the standards and conditions of Paragraphs a
through It below are met:
27-1Sa
THE WELD COUNTY COMMISSIONERS RECOMMEND THAT THIS REQUEST BE APPROVED
FOR THE FOLLOWING REASONS:
The Department of Planning Services staff in conjunction with referral agencies find that a
modification to increase the building height requirements from 30 to 40 feet in this PUD zone
district is not contrary to the intent of this district. In conjunction with this recommendation all
development standards and conditions of approval previous cited in Z-522 will remain applicable
to this site.
Condition of Approval
As stated in positive referral responses from City of Dacono, Town of Frederick, and Town of
Firestone an objection to the terms of Chapter 19 Article 111 does not appear likely. However, in
accordance with Section19.3.870 of the Weld County Code Ordinance notices of objections
received more than seven (7) days after the action of the Review Body shall not be valid to nitiate
an appeal to Article 111. Therefore, building permits will not be issued on the above referenced
site until a seven waiting period has expired.
Service,Teamwork, Integrity, Quality 2
Nov-13-01 07 . 57P CIRRI SIRKO-AMS-HOME 303 466 4306 P.01
James M. & Cirri A. Sirko
3841 West 97th Avenue
Westminster, CO 80031
303-466-0964
November 13,2001
Mr.Don Lafaver
2185 Pinedrop Lane
Golden,CO 80401
FAX(720)746-1213
Reference: Zoning Amendment;Lighthouse Cove Subdivision,Longmont,CO
Don:
We are aware that there is as upcoming heating concerning an amendment to the zoning of The Lighthouse Cove
Subdivision PUD. Due to work and project commitments, we will not be able to attend this hearing, but in our absence,
this letter is to serve as notification that we are not opposed to a 40' structure height limitation.
If any further clarification is necessary,please feel free to contact us directly.
7
S. ely, J �.it hr 1
Jam .S. ,P.E. Cirri A.Sirko
Ow er Lot#7 Owner Lot#7
EXHIBIT
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EXHIBIT
j _J-L_
Weld County Land Use Regulations
Chapter 23-Section 23-1-90 Definitions
BUILDING HEIGHT: The vertical distance from mean natural grade at
foundation to the highest point of the roof or appurtenances, not including church
spires and residential chimneys.
This definition is used to determine the setback and offset requirements as well as
the bulk requirements for the zoning district in which the building is located.
EXHIBIT
' Jr
gmaz-x
BUILDIG HEIGHT.
GRADE, 100 ft.
GRADE, 92 ft.
WELD COUNTY CODE CHAPTER 23 SECTION 23 - 1 - 90
1997 Uniform Building Code
Section 209-Definitions
HEIGHT OF BUILDING is the vertical distance above a reference datum
measured to the highest point of the coping of a flat roof or to the deck line of a
mansard roof or to the average height of the highest gable of a pitched or hipped
roof. The reference datum shall be selected by either of the following, whichever
yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a
5-foot (1524 mm) horizontal distance of the exterior wall of the building when
such sidewalk or ground surface is not more than 10 feet (3048 mm) above the
lowest grade.
2. An elevation 10 feet (3048 mm) higher than the lowest grade when the
sidewalk or ground surface described in Item 1 is more than 10 feet (3048 -mm)
above lowest grade.
The height of a stepped or terraced building is the maximum height of any
segment of the building.
This definition is used to determine the minimum type of construction that is
required for any building use according to the Uniform Building Code.
BUILDING HEIGHT
a
Highest point i
on grade within
5 ft. of house
GRADE, 100 ft. \_
GRADE, 92 ft.
1997 UNIFORM BUILDING CODE SECTION 209
Barber 1k.
LOT 10 rjgp 79".
M94
one S-522
LOT 0 LOT e
MO
LIGHTHOUSE COVE LOT urr
992. ffi
PUB ZONE 9907
err , LOT 4 ° N-
ear 9904 Y,
Lm e `�
WIanee- C
K1'
S-578 ..., ®
NE Sec.16,T2N, R68W 1e 99si uer, LOT 13
9629 LOT 15 LOT 14
LDT 17 'e"
axes LOT •
ter 1L_1 enerdlne Dr. -
i
LIGHTHOUSE COVE
LOT# ADDRESS PERMIT# HGT ON HGT ON PLANS- HGT ON PLANS- ACTUAL BLDG
APPL ZONING BLDG CODE HGT MEASURED
j BY FRANK ON
i 7/17/01
1 9974 HARBOR DR BC-0001040 32' 30' 27' 28'8"
2 9952 HARBOR DR BC-0100394 21' 21' 17' 21'
9928 HARBOR DR
4 9904 HARBOR DR BC-0100554 -0- 38' 31' (NOT BUILT YET-
ON.Y SETBACKS,
FOUND a
CONSTRUCT METER
INSPECT®)
5 9890 HARBOR DR BC-0001053 30' 30' 25' 32'8"
6 9895 HARBOR DR BC-0000563 25' 29' 24' 41'
7 9907 HARBOR DR BC-0001214 19' 28' 23' 29'8"
8 9929 HARBOR DR
9 9951 HARBOR DR
10 9977 HARBOR DR BC-0000512 30' 29' 23' 28'6'
11 9849 SHORELINE DR
12 9845 SHORELINE DR
13 9841 SHORELINE DR
4 EXHIBIT
11/4
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