HomeMy WebLinkAbout20000916.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Jim and Bonnie Bates, Coalbank Case Number Z-540
Crest Planned Unit Development
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Memo from DPS staff requesting a pre-advertisement X
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application (84 pages) X
8 Referral list X
9 Town of Eaton referral received 02/18/00 X
10 Colorado Division of Wildlife referral received 02/24/00 X
11 Eaton Fire Protection District referral received 02/29/00 X
12 Weld County Sheriff's Office referral received 03/08/00 X
13 State of Colorado, Division of Water Resources, referral received X
03/10/00
14 Weld County Public Works Dept. referral received 03/02/00 (2 X
pages)
15 Weld County Health Department referral received 03/14/00 X
16 Town of Severance referral received 03/13/00 (2 pages) X
17 The Dow Law Firm, LLC for the Larimer&Weld Irrigation X
Company, referral received 04/03/00
18 Eaton School District RE-2, referral received 03/07/00 X
19 West Greeley Soil Conservation District referral received X
03/02/00
20 Weld County Building Inspection referral received 02/23/00 (2 X
pages)
21 State of Colorado, Colorado Geological Survey referral received X
02/12/00 (2 pages)
22 8 '/2 X 11 maps submitted by applicant(3 pages) X
23 Deed (7 pages) X
sx •aJT
2000-0916
24 Surrounding Property Owners (13 pages) X
25 Water Service Agreement (4 pages) X
26 Total Engineering Service, Inc. Letter and perc tests (12 pages) X
27 Soil Survey(7 pages) X
28 Percolation Report(22 pages) X
29 Sign posting photographs (4/4/00) X
30
31
32
28 Items submitted at planning commission
I hereby certify that the 28 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.
Julie A. Chester ❖ Current Planner
LAND USE APPLICATION
PPP SUMMARY SHEET
Wi`Pc.
COLORADO
Case Number: Z-540 Hearing Date: April 18, 2000
Applicant: Jim and Bonnie Bates/Coalbank Crest Planned Unit Development
Address: Route 2, 36961 WCR 31, Eaton, CO 80615
Request: Planned Unit Development Change of Zone to create five resicential lots with 1.916
acres of Common Open Space
Legal Description: Lot B of AmRE-2279, Being part of the NE4 of Section :.3, T7N, R66W of the
6th P.M., Weld County, Colorado
Location: West of and adjacent to WCR 31, South of WCR 76
ACRES: 12.8 acres PARCEL #: 0707-33-000040
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:
Town of Eaton referral received February 18, 2000
• Colorado Division of Wildlife referral received February 24, 2000
• Eaton Fire Protection District referral received February 29, 2000
• Weld County Sheriff's Office referral received March 8, 2000
• State of Colorado, Division of Water Resources, referral received March 10, 2000
• Weld County Public Health and Environment referral received March 14, 2000
• Town of Severance referral received March 13, 2000
• Larimer and Weld Irrigation Company referral received April 3, 2000
• Eaton School District RE-2 referral received March 7, 2000
• West Greeley Soil Conservation District referral received March 2, 2300
• Weld County Department of Public Works referral received March 2, 2000
• Weld County Building Inspection referral received February 23, 2000
• State of Colorado, Colorado Geological Survey referral received January 12, 2000
Z-540,Bates/Coalbank Creek, I Service,Teamwork, Integrity,Quality
6talt; CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATIONwok
COLORADO
CASE NUMBER: Z-540
PLANNER: Julie A. Chester
APPLICANT: Jim and Bonnie Bates/Coalbank Crest Planned Unit Development
ADDRESS: Route 2, 36961 WCR 31, Eaton, CO 80615
REQUEST: Planned Unit Development Change of Zone to create five residential lots with 1.916
acres of Common Open Space
LEGAL DESCRIPTION: Lot B of AmRE-2279, Being part of the NE4 of Section 33, T7N,
R66W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 31, South of WCR 76
ACRES: 12.8 acres PARCEL # 0707-33-000040
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 as follows:
A. Section 6.4.4.6.1 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.Goal 1 states
"Preserve prime farmland for agricultural purposes which fosters economic health
and continuance of agriculture." The subject property is categorized as prime
farmground by the U.S.D.A. Soil Conservation map. The small size and the shape
of the site makes it difficult to farm. A.Policy 7 states "Weld County recognizes the
right to farm". In order to validate this recognition Weld County has established an
example covenant which should be incorporated on all pertinent land use plats."
The Department of Planning Services will require the covenant to appear on the
recorded plat.
B. Section 6.4.4.6.2 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.
Z-540,Bates/Coalbank Creek,2 Service,Teamwork, Integrity, Quality
C. Section 6.4.4.6.3 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, nor is the applicant
proposing an urban scale development. In referral response letters, the Towns of
Eaton and Severance have indicated that they find no conflict; with their interests.
The right-to-farm covenant will be attached to the request thLs informing any new
residents that the area is agricultural in nature. The Department of Planning
Services' believes that the granting of this change of zone will have a minimal impact
on the surrounding land uses.
D. Section 6.4.4.6.4 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 and water for fi-e protection shall be
provided by North Weld County Water District. Each lot fo- 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 6.4.4.6.5 That STREET or highway facilities providing Eccess 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 stated minor concerns with the internal road, however, conditions of
approval have addressed these concerns.
F. Section 6.4.4.6.6 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 the COMPREHENSIVE PLAN, Subdivision Ordinance,
and the MUD Ordinance, if applicable. This shall be shown by submitting, with the
PUD 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 12 of the Subdivision Ordinance and off-site road
improvements in compliance with Section 13 of the Subdivision Ordinance, 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 Weld
County's policy regarding Collateral for Improvements. Improvements to the internal
road will be required, and shall be ensured through the Improvements Agreement.
G. Section 6.4.4.6.7 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. The proposed change of zone does
not lie within any overlay district identified by the maps officially adopted by Weld
County. The proposed rezoning does not contain the use of any area known to
contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extraction to any greater extent
than under the present zoning of the property. Soil conditions on the site are
such that they may present moderate or severe limitations to the construction of
Z-540,Bates/Coalbank Creek,3 Service,Teamwork, Integrity,Quality
structures proposed for the site. "The primary constraints to development of the site
will be collapsible and/or expansive soils and expansive bedrock. The site may also
contain shallow ground water that may require the installation of interceptor drains
or prohibiting the use of below grade or basement construction. Special septic
system designs may be required to prevent ground water contamination," as
indicated by the Colorado Geological Survey. In their referral response dated
January 7, 2000, the Colorado Geological Survey recommended that, "a
geotechnical evaluation be done prior to approval of final plans." In a referral
response dated February 23,2000,the Weld County Building Irspection Department
is requiring engineered foundations for each structure. A soils report will need to
be included with blueprints when building permits are applied for with the Weld
County Building Inspection Department. These issues are addressed through
Conditions of Approval.
H. Section 6.4.4.6.8 Consistency exists between the proposed zone district, USES and
the Specific or Conceptual Development Guide. The submitted Conceptual
Development Guide does accurately reflect the performance standards and allowed
uses described in the proposed zone district.
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 A (Agricultural) to PUD Five Lot Subdivision is conditional upon
the following:
1. The change of zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 9.2 of the PUD
Ordinance #197 and shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld Ccunty Comprehensive
Plan. (Dept. of Planning Services)
2) The applicant shall submit a sight distance study for the existing irrigation
structure for review by the Department of Public Works. Evidence of
approval shall be submitted to the Department of Planr ing Services. (Public
Works)
3) The applicant shall flatten the curve or widen the pavement of the internal
street, to address the concerns of the Department of Public Works (see
AASHTO, Widths for Turning Roadways). (Public Works)
4) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
5) The trail shown on the east boundaries of the proper:y shall be eliminated
and shown as utility easement only. (Department of Planning Services)
7-540,Batcs/C'oalbank Creek,4 Service,Teamwork. Integrity,Quality
6) A mail/bus pull off area shall be shown. (Department of Planning Services)
B. A Landscape Plan and maintenance schedule shall be submitted to the Department
of Planning Services and approved by the Department of Planning Services. The
Landscape Plan shall adhere to the requirements of 6.3.3 of the Weld County PUD
Ordinance. The Landscape Plan shall address adequate buffering and screening
from surrounding Agricultural uses.
C. Each septic system shall be designed for site-specific conditions, but not limited to
maximum seasonal high groundwater, poor soils and shallow t:edrock. (Department
of Public Health and Environment)
D. The applicant shall submit a copy of an agreement with the Larimer Weld Irrigation
Company, whose irrigation ditch runs along the west side of the development,
stipulating that all concerns of the ditch company have been adequately addressed
or submit evidence that reasonable accommodations have been made.
(Department of Planning Services, Larimer Weld Irrigation Company)
E. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of five (5) residential lots,with 1.916 acres of common
open space. The Change of Zone allows for PUD uses which shall comply
with the PUD Zone District requirements as set forth in Section 35 of the
Weld County Zoning Ordinance. Each of the five lots shall be buildable. The
common open space shall be owned and maintained in accordance with
Section 6.3.5 of the Planned Unit Development Ordinance (Ordinance 197).
(Dept. of Planning Services)
2) Primary and secondary septic system envelopes shall be approved by the
Department of Public Health and Environment at the time of septic permit
application and record an easement to show the envelopes. Septic system
envelopes shall meet the setback to the Eaton Ditch as well as other
required setbacks as described in the Weld County Individual Sewage
Disposal System Regulations. (Department of Public Health and
Environment)
3) Water service shall be provided by the North Weld County Water District.
(Health Department)
4) 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 Regulations. (Health Department)
5) The site shall be developed in accordance with the recommendations
contained in the referral letter, dated February 2, 1999. (Colorado Geological
Survey)
Z-540,r3ates/Coalbank Creek,5 Service,Teamwork, Integrity,Quality
6) The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Department of Public
Health and Environment, and the Weld County Department of Planning
Services.
7) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
8) The Right To Farm Covenant as stated in the Weld County Comprehensive
Plan shall be recognized at all times. (Dept. of Planning Services)
9) Proper building permits shall be obtained prior to any construction or
excavation. (Weld County Department of Building Inspection)
10) Building permits are required for dwellings and any accessory buildings being
constructed or moved onto the property. (Weld County Department of
Building Inspection)
11) All dwellings and some accessory structures will require an engineered
foundation. Such foundation design shall be based on a site-specific
geotechnical report or an "open hole" inspection made by a Colorado
Professional Engineer. (Weld County Department of Building Inspection)
12) All buildings or structures shall maintain distances frcm property lines and
adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building
Code. (Weld County Department of Building Inspection)
13) At the time an application is accepted for a building pe-mit a plan review will
be done. A complete review of the building or structure may reveal other
building issues or areas needing attention. (Weld County Department of
Building Inspection)
14) 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, when applicable. (Dept. of Planning
Services)
15) Effective December 1, 1999, Building Permits issued on the proposed
subdivision lots shall be required to adhere to the fee structure of the
Windsor Service Area Road Impact Program. (Ordinance 210)
(Department of Planning Services)
16) 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 F nal Plan. The Board
2-540,6atcs/Coalbank Creek,6 Service,Teamwork, Integrity,Quality
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. (Dept. of Planning Services)
4. The Final Plan application shall adhere to Section 7.3 of the Weld County PUD Ordinance
#197, and shall specifically address the following as well:
A. The Final Plan application shall include a complete Improvements Agreements in
accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance.
The agreements shall include the internal road, trail, landscaping of the common
open space and any other appropriate construction elements. The applicant shall
indicate if the road maintenance will be the responsibility of the Home Owner's
Association or if the applicant will request that the road be placed on the County road
system (Public Works).
B. The Final Plan application shall specify the Homeowner's Association's method of
trail and landscape maintenance.
C. The draft covenants and homeowner's association shall address open space
maintenance and landscaping in accordance with Section 6.3.3.2.
D. The applicant shall submit a geotechnical evaluation to the Colorado Geological
Survey for their review. A copy of this report shall be submitted to the Department
of Planning Services. (Colorado Geological Survey)
E. A fifteen (15) foot perimeter and ten (10) foot lot line easement is required for
utilities. This shall be corrected prior to the final plat application. (Public Works)
F. Language for the preservation and/or protection of the second absorption field
envelope shall be added to the development covenants. The c:ovenants shall state
that activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. accessory structures, dirt mounds, etc.) Are expressly prohibited
in the designated absorption field site. (Department of Public Health and
Environment)
G. Prior to submittal of the Final Plan plat:
(1) The applicant shall provide evidence to the Department of Planning Services
that all the requirements of the Eaton Fire Protection District have been met.
(2) The applicant shall provide evidence to the Department of Planning Services
that the Department of Public 'Works has reviewed and approved the
configuration of the road, as indicated in their referral response, dated March
1, 2000.
Z-540,Rates/Coalbank Creek,7 Service,Teamwork, Integrity,Quality
(3) Evidence shall be submitted to the Department of Planning Services that the
requirements of the Eaton School District RE-2 have been met.
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.
B. A soils report shall be supplied to Weld County Building Inspections with blueprints
when applying for building permits.
Z-540,Bales/Coalbank Creek,8 Service,Teamwork, Integrity, Quality
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04 CLIC
EXHIBIT
46( airMEMORANDUM
11CCOILOIRIADO* T0: Clerk to the Board March 30, 2000
From: Julie A. Chester, Lead Planner
SUBJECT: Z-540, Jim and Bonnie-Bates
The Department of Planning Services' staff is recommending a pre-advertisement for the above
referenced case. The case is scheduled before the Planning Commission on April 18, 2000 and
staff is requesting a Board of County Commissioner hearing date on May 3, 2000, if possible. A
letter from the applicant is attached.
Thank you for your consideration in this matter.
DEPARTMENT OF PLANNING SERVICES
PHONE (9''0) 353-6100, E6498
FAX (9(970) 304-6498
1555 N. 17TH AVENUE
GREELIEY, COLORADO 80631
COLORADO
February 15, 2000
Jim Bates
36961 WCR 31
Eaton, CO 80615
Subject: Z-540 - Request for a Planned Unit Development Change of Zone for five residential lots with
approximately two acres of open space on a parcel of land described as Lo: B of AmRE-2279; being
part of the NE4 of Section 33, Township 7 North, Range 66 West of the 6th P.M., Weld County,
Colorado.
Dear Mr. Bates:
Your application and related materials for the request described above are being pros'ssed. I have scheduled
a meeting with the Weld County Planning Commission for April 18, 2000, at 1:30 p.rn. 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 policy of Weld County to refer an application to any town or municipality lyinc within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality. Therefore.
our office has forwarded a copy of the submitted materials to the Eaton and Severance Planning Commission
for their review and comments. Please call the town of Eaton at 970-454-3338 and the town of Severance at 970-
686-1218 for further details regarding the date, time, and place of these meetings. It is recommended that you
and/or a representative be in attendance at the Eaton and Severance Planning Commi:;sion meetings to answer
any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a ninimum of ten days prior
to the hearing to post a sign adjacent to and visible from a publicly maintained road rig it-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-w2y.
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.
Respectfully,
Mar
I 1 "p�
i•
� t
Julie Chester
Planner
Feb. 3, 2000
To: Clerk to the Board of County Commissioners
From: Jim Bates and Bonnie Bates
Rt. 2, 36961 WCR 31
Eaton, CO 80615
Subject: Request for pre-advertisement
Legal: Lot B of AmRE-2279, Being part of the NE4 of Section 33, T7N,
R66W of the 6th PM., Weld County, CO.
Location: South of and adjacent to WCR 76, West of and adjacent to WCR 31
Parcel ID#: 070733000040 Acres: 12.8 acres
We are submitting an application for a Change of Zone for our five lot PUD
Subdivision, Coalbank Crest. We are requesting pre-advertisement in order to
expedite the process. We feel this request should be granted due to the previous
delays caused by the Department of Planning Services. I have been following the
recommendations of the Planning Department. This has caused me to re-design
the development twice. These re-designs have cost a year in delays and $30,000
in wasted expenses. It should be obvious this request is justified. Thankyou for
your consideration of this matter.
FIELD CHECK inspection date: April 6, 2000
CASE NUMBER: Z-540
APPLICANT: Jim and Bonnie Bates
LEGAL DESCRIPTION: Lot B of AmRE -2279, pt of the NE4 of Section 33, "]'7N,
R66W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to Weld County Road 31, South of WCR 76
Zoning Land Use
N A (Agricultural) N Agricultural, one residence
E A (Agricultural) E Large older residence, small residential
structure, Agricultural fields
S A (Agricultural) S Older residence, sheep, Eator Grove Nursery
W A (Agricultural) W Eaton Ditch, Agriculture, residence
COMMENTS:
• On site, vacant lot, not farmed, no zoning violations. The ditch on the west side of the
properly is substantial in size and raises a few safety concerns. The vi ns,from this property
is very nice and clue to the small size of the parcel, the uses on the parcel are very limited.
Jude A. Chester, Planner
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