The URL can be used to link to this page

Browse Search

Home My WebLink About20003149.tiff • Weld County Planning Dept. 875 West 64th Avenue Denver,Colorado 80221 V 2 Phone(303)427-847-847 2 NO V 7 200 Fax(303)427-8542 SIEGRIST COMPANIES RECEIVED November 22, 2000 Department of Planning Services Monica Daniel-Mica, Director 1555 North 17th Ave. Greeley, Colorado 80631 Re: RiverDance P.U.D. Dear Monica: Siegrist Companies requests a hearing date before the Weld County Board of Commissioners of January 10, 2001. We understand that this is beyond the required time between Planning Commission and Weld County Board and waive any right to object to this delay in the future. Thank you for your time and consideration, and we look forward to working together. Sine el Michael U. Siegrist President cc: Robert L. Siegrist LaVern C. Nelson EXHIBIT i'w�yP 2000-3149 Summary of Standard for Review of Previously Denied Applications for Land Uses Chapter 2,Article Il § 2-3-10 of Weld County Code Neither an applicant nor a successor in interest may submit any type of land use application within a 5 year period ( 10 years in the case of multiple recorded exemptions applications) following denial of a previous application involving the same property,unless the Board of County Commissioners has found,based on the applicant's rehearing petition,the Planning Commission's recommendation, oral testimony at the public hearings, written related information, and any other relevant material in making its decision at least one of the following criteria has been satisfied: A. Within the concept of a new application, the facts and circumstances of which are substantially changed from the initial application) ')a Niptctton substantially chgerl (eg, substantial changes in lot size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed) OR " c.. a staur® ag a it 1.• awl`ttSes substantially c:: t.*r+ .'�,� �. (eg, 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) OR _ ¢.. 4kot . 0uslntaa)) hhtrcl... ... (eg, 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) OR B. (Within the concept of rehearing the previously denied application) alM iiiipirramA LL Y"yti ,{ r t . gt M r .y Y 1 f 6!'W. Sy, "Otti.� .E I fl . e r, c a ; ` n� a `a S � r r x ;� a ` e o e S� o�4 1 vroll:g EXHIBIT F w Sc.H `# 17 TEXT of Chapter 2,Article II § 2-3-10 of Weld County Code 1. Except in those cases to which the requirements of Paragraph I.A below apply,neither an applicant nor his 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 or that there is newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. A. Upon approval of Ordinance 173-C, the Weld County Subdivision Ordinance, which became effective December 5, 1995, neither an applicant nor his successors in interest in property for which a Recorded Exemption application was denied within the preceding ten(10) years may submit a Recorded Exemption 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 or that there is newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. 2. "Substantial change in facts and circumstances" shall mean a substantial change in the land-use application, in the surrounding land-uses or in applicable provisions of the law. 3. A petition requesting rehearing on an application or permission to file another application for property previously denied a land-use permit shall be submitted to the Department of Planning Services for processing. The Department shall schedule a substantial change hearing before the Planning Commission or Board of County Commissioners. Land-use applications originally heard by only the Board of County Commissioners shall be scheduled before the board only. The Planning Commission shall consider the rehearing petition only if it considered the original land-use application. It shall review the petition and any supporting information. The Planning Commission shall consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission shall make a written recommendation of its findings to the Board of County Commissioners. 4. Legal notice of a substantial change hearing shall be published according to the method of publication for the original hearing. If originally heard before the Planning Commission, the Department of Planning Services shall be responsible for publication. If originally heard before the Board of County Commissioners, the Clerk to the Board shall be responsible for publication. 5. Notice of the substantial change hearing and the public hearing date shall be provided to owners of property located within five hundred(500) feet of the parcel under consideration and owners and lessees of the mineral estate on or under the parcel under consideration. The notification shall be mailed,first class,not less than ten(10)days before the scheduled public hearing. Similar notice shall also be provided any agency,body,or group who received a referral request from the Department of Planning services on the original application. Notice will not be sent to property owners concerning land use matters, such as recorded exemptions,which were not sent when the original case was heard. 6. The Board of County Commissioners shall hold a substantial change hearing after the legal notice and notices to property owner, mineral owners and lessees, and referral agencies identified in 4 and 5 have been completed. The legal notice and notification shall be done at least ten(10)days prior to the board's hearing. 7. The Board of County Commissioners may grant such a petition when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the board's decision or that there was newly discovered evidence not available to the applicant at the time the board considered the application. The board may deny the petition solely upon the contents of the petition or when deemed advisable by the board that the applicant has failed to demonstrate that a substantial change in the facts or circumstances have occurred subsequent to the board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The board shall consider the applicant's rehearing petition, the Planning Commission's recommendation, oral testimony at the public hearings,written related information,and any other relevant material in making its decision. 8. When the Board of County Commissioners grants a rehearing petition,the applicant may file a new application with the Department of Planning Services. The application shall be processed in accordance with the requirements of the Weld County Zoning Ordinance or Weld County Subdivision Regulations. 9. No petition for rehearing may be granted where the decision of the Board of County Commissioners on a land-use application has been appealed or contested in any court of law, during the pendency of the court action. CAROL Harding SVCCRD0101 wpd Page 1 kV ELD Ceti; l,i oto R 1. `I _r n v 23 REIM _. . -1 1 r'_wSt. Vrain Concerned Citizens Group R724 I-2R Rrnntano Pel P Longmont, CO 80504 Phone - (303) 776-4449 Fax - (954) 212-7996 E-Mail - stvrainccg@hotmail.com January 8,2001 Weld County Board Commissioners P.O.Box 758 Greeley,CO 80632 Subject:Riverdance PUD,Substantial Change Application,SCH 17 Dear Commissioners: We would like to make the following comments on the subject substantial change application that relates to the denial of request for change of zone CZ528. 1. Contention that final design of alignment of WCR 9-1/2 will constitute a substantial change: Specific design for that roadway was not a matter for decision at the change of zone hearing. ,— There cannot be any substantial change based on that which was not a relevant consideration at that hearing. 2. Contention that revision of phased development plan resulting from possible changes in alignment of WCR 9-1/2 and installation of water and sewer lines constitute a substantial change: Again,this was not a matter for decision at the change of zone hearing. 3. Contention that proposed County administration building on adjoining land constitutes a substantial change: This use is permitted in an agricultural zone by the Weld Co. Zoning Ordinance and,therefore is not a substantial change. 4. Contention that applications for changes of zone by nearby property owners constitute a substantial change: Since none have been approved,no substantial change has taken place. 5. Contention that expansion of St. Vrain Sanitation District lines and plant constitute a substantial change: Plans for these expansions were made before the change of zone hearing and therefore are not a substantial change. 6. Contention that possible changes to proposals for WCR 9-1/2 have caused design changes to densities and uses planned for the Riverdance project: As stated in [1] above,roadway design was • not applicable for consideration at the change of zone hearing. We would appreciate the Board considering our responses to the applicant's assertions that there have been substantial changes since,or evidence,germane to any consideration on which the Board decision on the change of zone would have been made,that the applicant could not have discovered before the CZ 528 hearing. Sincerely, 4214-9- � - R EXHIBIT CAROL Harding Re Docket#2000-78- Page 1 — From: CAROL Harding To: "jehelzer@flash.net".GWIA.CENTDOMAIN Date: 1/4/01 4:40PM Subject: Re: Docket#2000-78 The referenced case is a "Substantial Change" hearing, which is required in Weld County before a hearing can be held for a land use case (Riverdance PUD)for property previously denied. On February 16, 2000, the Board of County Commissioners denied a request for a Change of Zone on this property. The applicant, Siegrist Companies, is now claiming there has been a substantial change in the facts and circumstances regarding teh original application. The purpose of the hearing on January 10th is for the Board of Commissioners to determine whether or not there has been a substantial change. If the Board determines there has not been a substantial change, no further action will be allowed at this time. If it is determined there has been a substantial change, the applicant would be allowed to submit the revised Change of Zone application, which would then be reviewed as any other Change of Zone. Tomorrow, January 5, 2001, I will fax you a copy of the two page written application and that portion of the Summary of the Weld County Planning Commission Meeting on November 7, 2000, 3 pages. If you would like to comment on this case, a return E-Mail to me is sufficient for the correspondence to be included in the case file. I would be happy to answer any further questions you may have. You may also reach me at (970) 356-4000, Extension 4217. Thanks. Carol >>>Jim Helzer <jehelzer@flash.net> 01/03/01 02:33PM >>> My husband and I own JMH Investments which has property south of County Rd. 28 and we received notice of this hearing, but can garner no details. Can you please fax me or e-mail me the pertinent information on this public hearing? We are at great dis-advantage with no access locally for this information. Our e-mail address is jehelzereflash.net and the fax number is 817-561-6647. Please confirm or deny my request as promptly as possible. Thank you for your time. Marilyn Helzer g EXHIBIT sLH II 5. The County road is upgraded to an arterial roadway design. COMPARISON OF ORIGINAL AND CURRENT PROPOSAL ORIGINAL APPLICATION PROPOSED APPLICATION 656 residential units 499 residential units 227 acres of open space 243 acres of open space No industrial proposed Light industrial on 22.4 acres Commercial on 20 acres Office/Commercial on 13 acres Proposed zoning PUD, R, R-4 and C-2 Proposed zoning PUD, R, R-4, C-2 Filings/Phases 9 Filings/Phases 6 RESIDENTIAL LAND USE SUMMARY ORIGINAL APPLICATION PROPOSED APPLICATION Lot Type Lot Size #of Lot Type Lot Size #of Lots/Acres Lots/Acres Lakefront 12,000 sf 86 lots Lakefront 12,000 sf 67 lots Equestrian 10,000 sf 98 lots Large Suburban 10,000 sf 147 lots Estate Suburban 8,000 sf 124 lots Large Suburban 10,000 sf 92 lots Patio Homes 5,500 sf 72 lots Suburban 8,000 sf 129 lots Town homes 8du/a 89 lots Patio Homes 5,500 sf 94 lots TOTAL I 499 LOTS Town homes 8du/a 88 lots Nondefined 69 lots TOTAL 656 LOTS A minor decrease in residential uses coupled with a redistribution of commercial uses,and the introduction of light industrial may change the overall distribution of uses; however, the functionality of the site continues to remain consistent with those uses proposed at the time of Change of Zone. The Department of Planning Services finds no compelling evidence to suggest that the information presented before you is substantially different than the information presented before this Board on August 17, 1999. Therefore, it is the opinion of the Department fo Planning Service's staff that the applicant has not demonstrated that a substantial change in the facts and circumstances in the land-use application in the surrounding land uses or in applicable provisions of the law has occurred. Y EXHIBIT m:wpfiles\mon ica\sch 17 1 ScLH 41 3 Ea tb ii 1 ]H t� I Va ut ;ri�9� g r t ti a zM3H 0 < i V V V a 1:143 -+r es a,,,__�,__,, , RIVEY:DANCE P.U.D. ��, a• - ___ �.—_- C eofZo f Weld County, Colorado s ! IItl �` IN LIAW£KIKONT �sTL7t. I 3� **Tit- 0 - n LAizat 5l at Aa /rte. rh- -E- I a4• , '�iti� j*#il1►Vaiw'\ • Q cur'ur abJ � �t ii-- r•--- --- ,� _ i Milo : '"rv___________- \ _" � � j G0MM�K.a,AL \ ► .$- 410 Iii °Mr.� Ci24014:144e.- L-, **�.'� �`-i i`\silt% �**t.' +,:4,, 4L 1 •�• li - * /,it ilk. 4* •$tt � ass. .0*A ) i i[A ot0 •.aY[ ,wn' a' o •: /**A.�m :* * •tk*'1t� '#/- f / o =_ i" , * -% gistit +J moist" _ l. 3„ [COY[ d► �__— ----%-- *. �,iirra X . 1 r� • o j r. p� /9. ^/ I o z ��i— o ° Xr$. EXHIBIT �� ° ° I S SCH 17 Sec . 35 36 , T 3 N , R 68 Wkio Ak 2 22 24 $ WY MEAD r-m.„ I F=+t.ri 28 27 25 30 ti� a8 IRN J5 SITE ' `� �,, t 33 34h"k\C 44\\i11R\4ti\yypy, A h41 hhh P"3- \t a. .f. C,�d A paI. I 1 6 HWI� . . • E • • . - :rdilA i ' AI CfL, r 12 7 / 1Ay. FIRESTONE , g EXHIBIT WELD CO. PLANNING DEPT. Y kr.Drq AID, Data:Data: 12-22-2000 '\ SCH 417 b U) iI (J \ _ I' '141) O i h hi ThCr;;.Lake �J b \ 'I 1 g t�i . 11.C.A fit N. Mulligan 1"I \ O \ Res. a 1\ 1 16 20 1 V .L1 ) . 24 19 \\ \ r r a a vI - - � �� tag PI 90 Pa ' % pe nisi' ',.4..,,. 0 f6 91 \ ; 5ppndbo Re L; O LCi • - I 0 I L I 1 �rr p �\ :AGMs Lakel �� \ a I• all \M r � (Union Res.)1 \ ," In . ' r / i I d f FAA We tie r Ikk 3',.‘de' ary,!r %iii .� ell te ,r , 111 , /ipas _ Ill' sue. / 7 ...e'll:4 41.141; 1 ' e Ir.f ( W.CJL fit 14P 1, i < 16 i' ! 16sif O i� , _, _r (\ iiii Fen. N . \ I _ l,\\ \1 tad 122 r j ,. 1 �+ a ti le 4r : ti 0 1506 7000 Feet Noe Legend — I-25 MUD Aran Boundary I I Linking Site Footer.— Lowest kltandty \\\Y Te.n/C1ty Anneraftlen N Employment Cants- — High Intensity Ragland Nounnal Park den &Wing Rood ALI; — Raplenal Commercial — Medium Intensity ® Community Park — Proposed Rood O Motherhood Canter— Los-intensity © Neighborhood Park Regional Troll Byrom w I Resident* Q Transit Canter Other Community Tree Section LM * tn.tork/Cernmuntty ants- Proposed Dumps 8 _ 1-25 Mixed Use Development Area Structural Plan Map 2.1 Structural Land Use Map = EXHIBIT OCT. n. 2000 SOH Hello