HomeMy WebLinkAbout20010976.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Affordable Country Homes, Inc. Case Number Z-547
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments( pages) X
3 Photograph of sign posting X
4 Department of Planning Services field check form X
5 Planning Commissioner field check form X
6 Letter to Applicant X
7 Legal Notifications (2 pages) X
8 Application (15 pages) X
9 Improvements Agreement(2 pages) X
10 Covenants (25 pages) X
11 Drainage Plan Report (16 pages and 2 24"x 36" plats) X
12 Referral List X
13 Referral Lather N/A X
14 Office of the State Engineer, Division of Water Resources, X
referral received 8/8/2000 (2 pages)
15 Weld County Attorneys' Office, referral received 8/3/2000 X
16 Weld County Department of Public Works, referral received X
8/4/2000
17 Platte Valley Soil Conservation District, referral received X
7/28/2000
18 School nistrict R 7 referral receivrrl V28I2^^ a /VA X
19 Weld County Department of Public Health and Environment, X
referral received 7/31/2000 (2 pages)
20 Weld County Department of Building Inspection, referral X
received 7/13/2000 (1 pages)
21 Maps (2 pages) X
22 8 1/2"X 11" map submitted by applicant X
23 2 24" X 36" plats X
24 Surrounding Property Owners (7 pages) X
[I: EXM151
2001-0976
400.IPSO
25 Letters from Surrounding Property Owners (3 pages) X
26 Water Service Information (6 pages) X
27 Soil Map X
28 plat in color x
29 Mellor letter x
30 Clark x
31 Licsor letter x
32 Erbes x
33 Boyle letter x
34
Item submitted at planning commission
I hereby certify that the 33 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
At 007_.P YYL M
Sheri Lockman ❖ Planner II
CHANGE OF ZONE
�- wupc ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-547
PLANNER: Sheri Lockman
APPLICANT: Affordable Country Homes, Inc/Todd Hodges
ADDRESS: 2337 10th Street, # C, Greeley, CO 80631
REQUEST: Planned Unit Development Change of Zone from A (Agricultural) Zone District to
PUD with six E (Estate) lots, one A (Agricultural) lot and 15.58 acres of Common
Open Space
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 & 1/2 mile east of Weld County Road 53
ACRES: 76+/- PARCEL NUMBER: 0801 16 000070
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Change of Zone application is listed in Section 6.4.3 of the Weld
County Planned Unit Development Ordinance #197 as follows
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Department of Public Health and Environment, referral received 7/31/2000
• Weld County Department of Public Works, referral received 8/3/2000
• Weld County Department of Building Inspection, referral received 7/13/2000
Platte Valley School District, referral received 7/28/2000
• Weld County Attorney's Office, referral received 8/3/2000
Colorado Division of Water Resources, referral received 8/8/2000
The Department of Planning Services' staff has not received responses from the following
agencies:
• Weld County Sheriffs Office
• Galeton Fire Protection District
• Colorado Department of Transportation
EXHIBIT
°O:Se4rli CHANGE OF ZONE
WUDc. ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-547
PLANNER: Sheri Lockman
APPLICANT: Affordable Country Homes, Inc/Todd Hodges
ADDRESS: 2337 10th Street, # C, Greeley, CO 80631
REQUEST: Planned Unit Development Change of Zone from A (Agricultural) Zone District to
PUD with six E (Estate) lots, one A (Agricultural) lot and 15.58 acres of Common
Open Space
LEGAL DESCRIPTION: Lot B RE-2016; being Part of the SE4 of Sec. 16, T6N, R64W of the
6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to State Highway 392 & 1/2 mile east of Weld County Road 53
ACRES: 76+/- PARCEL # 0801 16 000070
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with Section 6.4.3 of the Weld County Planned
Unit Development Ordinance #197 follows:
A. Section 6.4.3.1.1 That the proposal is consistent with the Comprehensive Plan,
MUD Ordinance if applicable, any Intergovernmental Agreement in effect influencing
the PUD, and the Weld County Zoning and Subdivision Ordinance. A.Policy 7
states "Weld County recognizes the Right to Farm". In order to validate this
recognition Weld County has established an example covenant that shall be
incorporated on all pertinent land use plats. The Department of Planning Services
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has required the covenant to appear on the recorded plat. PUD. Goal 2 states
"encourage creative approaches to land development which will result in
environments of distinct identity and character. It is staffs opinion that this proposal
has used a creative approach to preserve the most productive part of the property
within the agricultural lot. No intergovernmental agreements presently influence this
site.
B. Section 6.4.3.1.2 That the USES which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in
Section 2 of this Ordinance. Department of Planning Services' staff has determined
that the submitted application does comply with the 20 standards described in
Section 2 of the PUD Ordinance, Ordinance #197. Section 2.13 describes Non-
Urban Scale Development as those comprised of five or less residential lots, located
in a non-urban area as defined by the Weld County Comprehensive Plan, not
adjacent to other PUD's, subdivisions, municipal boundaries or urban growth
corridors. Although the PUD contains 7 lots staff feels the application meets the
intent of a non-urban subdivision. Section 2.20 requires Planned Unit Developments
to be serviced by an adequate water supply. The application included a Tap Fee
Agreement with North Weld County Water District. The Weld County Attorneys'
Office has indicated the water supply appears adequate.
C. Section 6.4.3.1.3 That the uses which would be permitted will 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 the
Comprehensive Plan or Master Plans of affected municipalities. The proposed site
does not lie within an urban growth area.
D. Section 6.4.3.1.4 That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Section 2 of this Ordinance. Domestic water shall be provided by North
Weld County Water District. Each lot for the proposed PUD subdivision shall have
an Individual Sewage Disposal System (ISDS) installed per the Weld County
Department of Public Health and the Environment requirements and specifications.
E. Section 6.4.3.1.5 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 Zone District. The Department of
Public Works have submitted a Condition of Approval that requires the internal road
to be adjusted to Weld County standards.
F. Section 6.4.3.1.6 The application included an Improvements Agreement
addressing many of the on-site improvements. Conditions of Approval require the
amending of the Improvements Agreement to include additional road costs, more
specific landscape information and on-site water lines.
G. Section 6.4.3.1.7 That there has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site. This proposal does not lie within
3
any Overlay Districts. The West Greeley Soil Conservation District stated no
concerns regarding soil conditions. Colorado Geological Survey has included
comments that will be addressed through building permits.
H. Section 6.4.3.1.8 Consistency exists between the proposed zone district, uses and
the Specific or Conceptual Development Guide. The submitted Specific
Development Guide does accurately reflect the performance standards and allowed
uses described in the proposed zone district. The applicant is requesting the Final
Plan be by Administrative Review and not require a Board of County
Commissioners hearing. Planning Staff supports this request.
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 Change of Zone from Agricultural to PUD Seven Lot Residential Subdivision is
conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. OG.Policy 1.1 of the Weld Comprehensive Plan states "new planned unit
developments or subdivisions should be planned to take into account current and
future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit to the Weld County
Department of Planning Services a copy of an agreement with the properties mineral
fa-
owners stipulating that the oil and gas activities have adequately been incorporated
into the design of the site or show evidence that an adequate attempt has been
made to mitigate the concerns of the mineral owners. (Dept. of Planning Services)
B. The applicant shall submit information regarding the proposal to build an agricultural
structure upon the common open space. Include possible uses, location, access,
parking, whether the use will be limited to those within the PUD and any other
pertinent information. (Dept. of Planning Services)
C. The applicant shall submit an access permit from the Colorado Department of
Transportation to the Department of Planning Services. (Dept. of Planning
Services)
D. The applicant shall submit evidence to the Weld County Department of Planning
Services that the concerns stated by the State of Colorado Office of the State
Engineer, Division of Water Resources in a referral response dated August, 3, 2000,
have been adequately addressed.
2. 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.
3. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall be amended to include the following:
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1) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
2) The location of the proposed future monument sign. (Dept. of Planning
Services)
3) Access to the Agricultural lot and the tank battery from the internal roadway.
The existing access shall be deleted. (Dept. of Public Works)
B. The following shall be placed on the Change of Zone plat:
1) Septic Envelopes.
2) Building Envelope for the lot with Agricultural uses.
3) Setbacks from oil and gas wells.
4) Mail pick-up, bus stop location.
5) Location of future development sign.
6) Roadway cross-section.
,-. 7) Location of fire apparatus.
C. The applicant shall submit a manure and wastewater runoff management plan for
review and approval to the Weld County Department of Public Health and
Environment. The plan shall describe how manure that is generated on the property
will be disposed, and describe how storm water that comes into contact with manure
on the property will be managed. The applicant should consider the Best
Management Practices as described in the Confined Animal Feeding Operation
Control Regulations (5 CCR 1002-81). The plan should also describe how dead
animals will be disposed. Evidence of Weld County Department of Public Health and
Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. The following notes and information shall be delineated on the Change of Zone plat:
1) The Planned Unit Development shall consist six E (Estate) zoned lots, one
A (Agricultural) zoned lot and 15.58 acres of Common Open Space. The
Change of Zone allows for Estate uses (6 lots) that shall comply with the
Estate Zone District requirements as set forth in Section 36 of the Weld
County Zoning Ordinance and Agricultural uses (1 lot)that shall comply with
the Agricultural Zone District requirements as set forth in Section 31 of the
Weld County Zoning Ordinance. The only exception shall be a variance from
the maximum number of animal units permitted per acre as follows:
a) Zero (0) swine shall be allowed
b) Alpaca Animal Unit Equivalents = .10
5
n
es, Maximum Number per acre = 10
2) A Weld County Septic Permit is required for each proposed home septic
system and shall be installed according to the Weld County Individual
Sewage Disposal System Regulations. (Department of Public Health and
Environment)
3) Each septic system shall be designed for site-specific conditions, including
but not limited to maximum seasonal high groundwater, poor soils, and
shallow bedrock. (Department of Public Health and Environment)
4) Water service shall be obtained from the North Weld County Water District
for each lot. (Department of Public Health and Environment)
5) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
6) Any signage located on the property shall require building permits and
adhere to Section 6.3.6.3 of the Weld County PUD Ordinance and Section
42.2 of the Weld County Zoning Ordinance. (Department of Planning
Services)
7) The applicant shall comply with Section 8.7 of the Weld County Planned Unit
Development Ordinance (Ordinance 197) as follows: Failure to submit a
Planned Unit Development Final Plan - If a PUD Final Plan application is not
submitted within two (2) years of the date of the approval of the PUD Zone
District, the Board of County Commissioners shall require the landowner to
appear before it and present evidence substantiating that the PUD project
has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submittal of the PUD Final Plan. The Board
may extend the date for the submittal of the PUD Final Plan application and
shall annually require the applicant to demonstrate that the PUD has not
been abandoned. If the Board determines that conditions or statements
made supporting the original approval of the PUD Zone District have
changed or that the landowner cannot implement the PUD Final Plan, the
Board of County Commissioners may, at a public hearing revoke the PUD
Zone District and order the recorded PUD Zone District reverted to the
original Zone District. (Department of Planning Services
8) The site shall maintain compliance at all times with the requirements of the
Weld County Departments of Public Works, Public Health and Environment,
and Planning Services.
E. The following notes and information shall be delineated on the Change of Zone and
Final plat:
1) The individual lots shall comply with the approved manure and wastewater
runoff management plan at all times. (Department of Public Health and
Environment)
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r
2) Each lot shall have primary and secondary septic system envelopes. Septic
system envelopes should meet the required setbacks as described in the
Weld County Individual Sewage Disposal System Regulations. (Department
of Public Health and Environment)
3) Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly
prohibited in the designated absorption field sites. (Department of Public
Health and Environment)
3. The Final Plan application shall adhere to Section 7.3 of the Weld County PUD Ordinance
#197, and shall specifically address the following:
A. The applicant shall submit evidence to the Department of Planning Services from
Platte Valley School District indicating that a School Service Agreement has been
reached. (Dept. of Planning Services)
B. The Final Plan application shall include an amended Improvements Agreements to
include additional road costs, more specific landscaping information and on site
water lines
C. Language for the preservation and/or protection of the second absorption field
envelope shall be placed in the development covenants. The covenants shall state
that activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly prohibited in
the designated absorption field site. (Department of Public Health and
Environment)
5. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the appropriate
location adjacent to Weld County Road 31 and the entrance to the subdivision.
(Dept. of Public Works)
B. The developer or applicant shall submit evidence to the Department of Planning
Services that both the "infrastructure enhancement" and "plant investment" fees
have been paid to the North Weld County Water District. (County Attorney's Office)
6. Prior to excavation or construction the applicant shall meet all Weld County Department of
Building Inspection criteria as listed on the referral dated November 22, 1999. (Dept. of
Building Inspection)
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' DEPARTMENT OF PLANNING SERVICES
W�`o O • PHONE (970) AX (9353-6100, E04.6498
C FAX 17TH70) 3AVENUE
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
July 7, 2000
Todd Hodges
c/o Todd Hodges Design, LLC
2412 Denby Ct.
Ft. Collins, CO 80526
Subject: Z-547- Request for a PUD Change of Zone from A(Agricultural)to PUD with six E(Estate)lots
and one A (Agricultural) lot on a parcel of land described as Lot B of RE-2016, being part of the
SE4 of Section 16, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Hodges:
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 August 15, 2000, 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.
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.
Your water agreement is being reviewed by the Weld County Attorney's office at this time. Problems
regarding the agreement could cause a delay in your Planning Commission hearing.
If you have any questions concerning this matter, please call.
Respectfully,4a) / f'eirlitfil
Sheri Lockman
Planner
EXHIBIT
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FIELD CHECK
CASE NUMBER: Z-547 DATE OF INSPECTION: 1I I,12oo0
APPLICANT'S NAME: Affordable Country Homes, Inc.
PLANNER: Sheri Lockman
REQUEST: PUD Change of Zone from A(Agricultural)to PUD with six E(Estate)lots and one A(Agricultural)
lot.
LEGAL DESCRIPTION: Lot B of RE-2016, being part of the SE4 of Section 16,Township 6 North, Range
64 West of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to SH 392 and 1/2 mile east of WCR 53.
LAND USE: /t
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EXHIBIT
1 5
FIELD CHECK inspection date: 7/17/2000
CASE NUMBER: Z-547
APPLICANT: Affordable Country Homes
LEGAL DESCRIPTION: Lot B RE-2016 being pt. of Section 16, T6N, R64W of the
6th P.M., Weld County, CO
LOCATION: North of and adjacent to State Highway 392 and 1/2 mile east of Weld
County Road 53
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential
r
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: The entire parcel is presently planted in alfalfa. The
surrounding properties are used for irrigated crops. Five homes lie along
Hwy 392 in close proximity to the site. A cattle feeding operation, which is
empty and for sale, lies to the east along WCR 55.
ciaiy
Sheri Lockman, Planner II
EXHIBIT
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