HomeMy WebLinkAbout20002795.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Cecil Farms Case Number Z-551
Submitted orF'repare I
Prior to At Hearin J
Hearing
1 Planning Commission Resolution
2 Staff Comments (7 pages) X
3 Sign Posting Certificate X
4 Department of Planning Services field check form X
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application (16 pages) X
8 Preliminary Improvements Agreement (2 pages) X
9 Drainage Report(16 pages and 2-24"X 36" plats) X
10 Referral List X
11 Referral Letter X
12 West Greeley Soil Conservation District, referral received X
9/6/2000
13 Division of Wildlife, referral received 9/13/2000 X
14 Eaton Fire Protection District, referral received 9/25/2000 X
15 Weld County Attorneys' Office, referral received 9/22/200 X
16 Weld County Department of Public Health and Environment, X
referral received 9/22/2000 (2 pages)
17 Weld County Department of Public Works, referral received X
8/28/2000 -----
18 Weld County Department of Building Inspection, referral X
received 8/28/2000 (2 pages)
19 Eaton School District, referral received 9/1/2000 (3 pages) X
20 Town of Eaton, referral received 9/12/2000 X
21 Division of Water Resources, referral received 9/22/2000 and X
9/15/2000 (4 pages)
22 City of Greeley, referral received 9/26/2000 (15 pages) X _
23 Map X
24 8 1/2" X 11" maps submitted by applicant (3 pages) X
EXHIBIT
A_ 2000-2795
GGz #5S1
25 24" X 36" plat X
26 Surrounding Property Owners (6 pages) X
27 Letters from Surrounding Property Owners (34 pages) X
28 Letter from Surrounding Property Owners (9 pages) X
29 Water Information (8 pages) X
30 Leffler comments X
31 Hodges rebuttal X
32 from applicant - Hodges LREGA Map X
33 Schneider card <
34 4-photos points of compass X
35 prime overlay(2 pages) X
Item submitted at planning commission
I hereby certify that the 35 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 fo warded to
the Clerk to the Board's office.
xliteti?
Lockman Planner II
a(08,t„,
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-551
PLANNER: Sheri Lockman
APPLICANT: Cecil Farms
ADDRESS: 1639 35`h Ave. Ct., Greeley, CO 80634
REQUEST: Planned Unit Development Change of Zone from A (Agricultural) Zone District lo
PUD with five E (Estate) lots and 7.54 acres of Common Open Space
LEGAL DESCRIPTION: Lot B AmRE-2019; being Part of the S2 of Section 11. T6N, R66W
of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 79 and 1/2 mile east of Weld County
Road 33
ACRES: 32.5+/- PARCEL NUMBER: 0805 11 000031
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 9/25/2000
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Weld County Department of Public Works, referral received 8/28/2000
Weld County Department of Building Inspection, referral received 8/25/2000
Eaton School District, referral received 9/1/2000
Weld County Attorney's Office, referral received 9/22/2000
Colorado Division of Water Resources, referral received 9/15/2000 and 9/22/2000
Eaton Fire Protection District, referral received 9/25/2000
Greeley Soil Conservation District, referral received 9/6/2000
The Town of Eaton, referral received 9/12/2000
Colorado Division of Wildlife, referral received 9/13/2000
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The City of Greeley, referral received 9/26/2000
1 a
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/ PQt CHANGE OF ZONE
Wi`Oc. ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-551
PLANNER: Sheri Lockman
APPLICANT: Cecil Farms
ADDRESS: 1639 35' Ave. Ct., Greeley, CO 80634
REQUEST: Planned Unit Development Change of Zone from A (Agricultural) Zone District to
PUD with five E (Estate) lots and 7.54 acres of Common Open Space
LEGAL DESCRIPTION: Lot B AmRE-2019; being Part of the S2 of Section 11, T6N, R66W
of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 79 and '/2 mile east of Weld County
Road 33
ACRES: 32.5+1- PARCEL # 0805 11 000031
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 6.4.3.1.1 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
has required the covenant to appear on the recorded plat. No intergovernmental
agreements presently influence this site.
B. Section 6.4.3.1.2 That the uses which would be allowed in the proposed SLID 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 2.2 requires adequate
buffering and s screening. Planning Staff will require substantial landscaping adjacent
to the existing feedlot on the north end of the site. Section 2.6 addresses
compatibility with adjoining uses. Planning staff does have concerns regarding the
feedlot permitted by Use by Special Review Permit 529 for ten thousand head of
cattle. However, all other significant issues have been addressed by the applicant.
Inclusion of the Right to Farm covenant and additional landscaping will help mitigate
much of the concern regarding incompatibility. Further, a note on the plat will alert
future residents of the existing permitted feedlot. 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.
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
lies within the three mile referral area of the Town of Eaton and the City of Greeley.
Pinnacle Park Subdivision is three quarters (3/4) of a mile south of the site. The
Town of Eaton indicated a concern regarding duplication of street names. This
concern has been addressed through a Condition of Approval. The City of Greeley
recommended denial of the proposal as it does not comply with the policies and
intent of the City of Greeley's Comprehensive Plan and Resolution 7, 19 8`'.
However, the City of Greeley and Weld County do not have an intergovernmental
agreement in place. The City also requested that the access road be paved.
Planning staff is not requiring pavement as the subdivision is non-urban scale and
accessed from a gravel road.
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. The application included a Tap Fee Agreement with
North Weld County Water District.The Weld County Attorneys'Office has indicated
that the water supply appears adequate. Each lot for the proposed PUD subdivision
shall have an Individual Sewage Disposal System (I.S.D.S.) installed per the Weld
County Department of Public Health and 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 has submitted a Condition of Approval that requires the internal road
to be extended to the end of Lot Five (5) and an additional turn-around be added.
The Director of Planning Services' has waived the requirement for road pavement.
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A final roadway construction plan shall be submitted with the final plan application.
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 and
more specific landscape information.
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
any Overlay Districts. The West Greeley Soil Conservation District stated they had
no conflicts with their interests. The Colorado Geological Survey has included
comments that will be addressed through the building permit application process.
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 five 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 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 Panning
Services)
B. The applicant shall submit information regarding the proposal to build an agricultural
structure upon the common open space. The proposal shall 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. On September 12, 2000 William Southard submitted a copy of a Right-of-way
Exchange Agreement to the Weld County Department of Planning Services. The
applicant shall submit to the Weld County Department of Planning Services either
a copy of an agreement with the owners of the irrigation tile referred to in the
agreement or show evidence that an adequate attempt has been made to mitigate
the concerns of the owners. The agreement shall stipulate that the irrigation tile has
adequately been incorporated into the design of the site. (Dept. of Planning
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Services)
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 as follows:
1) The current Right to Farm Covenant from the Weld County Comprehensive
Plan shall be added. (Dept. of Planning Services)
2) A Street name that does not duplicate any other street in the mailing district
shall be indicated. The Town of Eaton indicated In a referral response that
the town already has roads named Ponderosa Court, Ponderosa Place and
Ponderosa Street. (Dept. of Planning Services)
3) The internal roadway shall be extended to the end of Lot Five. (Dept of
Public Works)
4) Primary and secondary septic system envelopes shall be designated on
each lot. Septic system envelopes shall meet the required setbacks as
described in the Weld County Individual Sewage Disposal System
Regulations. (Dept. of Public Health and Environment)
B. The following shall be placed on the Change of Zone plat:
1) Mail pick-up, bus stop location. (Dept. of Planning Services)
2) Location of any development sign. (Dept. of Planning Services)
3) Roadway cross-section. (Dept. of Public Works)
4) The location of the fire hydrant. (Dept. of Planning Services)
C. The following notes and information shall be delineated on the Change of Zone plat:
1) The Planned Unit Development shall consist of five(5) E (Estate)Zoned lots
with 7.54 acres of Common Open Space. The Change of Zone allows for
Estate uses that shall comply with the Estate Zone District requirements as
set forth in Section 36 of the Weld County Zoning.
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. (Dept. 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. (Dept. of Public Health and Environment)
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4) Water service shall be obtained from the North Weld County Water District
for each lot. (Dept. 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. (Dept. of Planning Services)
7) Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, did mounds, etc.) are expressly
prohibited in the designated primary and secondary absorption field sites
(Dept. of Public Health and Environment)
8) Directly north of the Planned Unit Development is an existing feedlot. The
Feedlot is legally permitted by Use by Special Review Permit 529 for ten
thousand head of cattle and is eligible to apply to expand.
9) The applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and
Environment, If required. (Dept. of Public Health and Environment)
10) During development of the site, all land disturbance shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Department of Public Health
and Environment, a fugitive dust control plan must be submitted. (Dept. of
Public Health and Environment)
11) In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than 5 acres of land mast
incorporate all available and practical methods which are technologically
feasible and economically reasonable in order to minimize dust emissions.
(Dept. of Public Health and Environment)
12) If land development creates more than a 25 acre contiguous disturbance,
or exceeds 6 months induration, the responsible party shall prepare a
fugitive dust control plan, submit an air pollution emissions notice, and apply
for a permit from the Colorado Department of Public Health and
Environment. (Dept. of Public Health and Environment)
13) 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 Fs
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
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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)
14) 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.
4. 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 application indicates irrigation watering is to be provided by the Larimer&Weld
Irrigation Company and The Lucas Lateral Ditch Company. Ownership of the water
shares shall be transferred to the Homeowners Association. (Dept. of Planning
Services)
B. The applicant shall submit evidence to the Department of Planning Services from
the Eaton School District indicating that a School Service Agreement has been
reached. (Dept. of Planning Services)
C. The Final Plan application shall include an amended Improvements Agreements to
include additional road costs and more specific landscaping information.
D. 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. (Dept. of Public Health and Environment)
4. Prior to excavation or construction
A. The applicant shall meet all Weld County Department of Building Inspection criteria
as listed on the referral dated January 7, 2000. (Dept. of Building Inspection)
B. The applicant shall meet all Colorado Geological Survey criteria as listed on `.he
referral dated January 10, 2000. (Dept. of Building Inspection)
5. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at :he
appropriate location adjacent to Weld County Road 70 and the entrance to the
subdivision. (Dept. of Public Works)
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IDEPARTMENT OF PLANNING SERVICES
WE`O • PHONE (970) FAX (97 E04-6498
C FAX 17TH E
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
August 23, 2000
Cecil Farms
c/o Todd Hodges Design, LLC
2412 Denby Ct.
Ft. Collins, CO 80526
Subject: Z-551- Request for a Planned Unit Development Change of Zone from A (Agricultural) zone
district to PUD with five (5) E (Estate) lots, and 7.5 acres of open space, on a parcel of .and
described as Lot B of AmRE-2019; being part of the S2 of Section 11, T6N, R66W of the 6th F.P✓l.,
Weld County, Colorado.
Dear Todd:
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 October 3, 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.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles otthe
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 Greeley Planning
Commission for their review and comments. Please call Town of Eaton at 970-454-3338 and City of Greeley
at 970-350-9780 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 Greeley Planning Commission meeting
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 minimum o`fifteen
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.
Respectfully,
l t . ,d
/12,1) 767, EXHIBIT
Sheri Lockman
Planner II
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: 2_11.,j.:,b: r `1,Y-IL. 1 _, , ;4,111, .J THE SIGN SHALL ,3f-
POSTED ADJACENT TO AND VISIBLE FROM A PJBLICL`( MAINTAINED ROAD RIGHT-OF-WAY. iN THF
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TC
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHAL
DOST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGH
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR LOPE=
THE SIGN WAS POSTED BY:
NAME OF PERSON POSTING SIGN
l
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
•
SUI3SCRIBED AND SWORN TO ME THIS r_ DAY OF ` 1-°f)-74"L" Z--' "2"..-
CJ tev
NOTARY PUBLIC C,) _)
MY COMMISSION EXPIRES: l C3
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
EXHIBIT
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FIELD CHECK inspection date:9/15/2000
CASE NUMBER: Z-551
APPLICANT: Cecil Farms
LEGAL DESCRIPTION: Lot B RE-2019 being pt. of S2 Section 11, T6N, R66W o!
the 6th P.M., Weld County CO
LOCATION: North of and adjacent to Weld County Road 70 and east of Weld County
Road 33
Zonin Land Use
N A (Agricultural) N Agricultural / Residential/Feedlot
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: A home is currently being constructed on proposed Lot 1 . A
huge feedlot is directly north of the site. WCR 70 is gravel
Sheri Lockman, Planner II
EXHIBIT
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