HomeMy WebLinkAbout992212 5� RESOLUTION
RE: DENY CHANGE OF ZONE #528 FROM A (AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR 600 TO 800 LOTS
WITH RESIDENTIAL AND COMMERCIAL USES -SIEGRIST COMPANIES, %
TUTTLE APPLEGATE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 22nd day of September, 1999, at
10:00 a.m. for the purpose of hearing the application of Siegrist Companies, % Tuttle
Applegate, Inc., 11990 Grant Street, Suite 304, Denver, Colorado 80233-1136, requesting a
Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development)
Zone District for 600-800 lots with Residential and Commercial uses on a parcel of land located
on the following described real estate, to-wit:
Part of Section 35, and part of the W1/2 of
Section 36, Township 3 North, Range 6 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on September 22, 1999, the Board deemed it advisable to
continue said matter to November 17, 1999, at 10:00 a.m. to allow the applicant adequate time
to augment water and sewer documentation and to provide further response to the Department
of Public Works in regards to the traffic study, and
WHEREAS, at said hearing on November 17, 1999, the Board deemed it advisable to
continue said matter to January 26, 2000, at 10:00 a.m. at the request of the applicant to allow
time for completion of the traffic study, and
WHEREAS, at said hearing on January 26, 2000, the applicant was represented by
Molly Orkild-Larson, Tuttle Applegate, Inc., and
WHEREAS, Section 5.3 of the Weld County Planned Unit Development Ordinance
provides standards for review of such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and, having been fully informed, finds that this request
shall be denied for the following reasons:
1. The applicant has not met the applicable requirements of Section 6.4.4 of the
Weld County Planned Unit Development Ordinance as follows:
A. Section 6.4.4.6.3 - The use which would be permitted is not compatible
with the existing or future development of the surrounding area as
permitted by the existing zoning. In the opinion of the Board, that the
extreme density of the proposed development, would exacerbate
urban/non-urban problems.
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CHANGE OF ZONE #528 FROM A (AGRICULTURAL) TO PUD - SIEGRIST COMPANIES, %
TUTTLE APPLEGATE, INC.
PAGE 2
1) MUD.Policy 5 and R.Policy 5 of the Weld County Comprehensive
Plan require a demonstration that the development is compatible
with existing surrounding land uses in terms of general use,
building height, scale, density, traffic, dust, and noise. The
surrounding agricultural land uses would be adversely impacted
by the scale, density, traffic, and noise of the proposed
development. Also, because of the high volume of water required
for the proposed development, the availability of water for
agricultural uses would be severely impacted.
B. Section 6.4.4.6.4 - The Planned Unit Development Zone District shall be
serviced by an adequate water supply and sewage disposal system in
compliance with the Performance Standards in Section 2 of the Planned
Unit Development Ordinance. Although various letters have been
received from The Little Thompson Water District committing to water
taps, it is uncertain whether water will be provided to the entire
development, including commercial lots. Water is not currently owned by
the developer for dedication to the water district.
2. The applicant has not met the applicable requirements of the Weld County
Comprehensive Plan as follows
A. R.Policy 3 of the Weld County Comprehensive Plan directs residential
growth to urban growth boundary areas. The proposed subdivision is not
located within any urban growth boundary area.
B. UGB.Goal 2 states, "Concentrate urban development in or adjacent to
existing municipalities or the 1-25 Mixed Use Development area and
maintain urban growth boundary areas that provide an official designation
between future urban and non-urban uses." The proposed subdivision is
located within the Mixed Use Development area; however, it does not
maintain an urban growth boundary area that provides an official
designation between future urban and non-urban uses.
C. R.Goal 2 and PUD.Goal 3 of the Weld County Comprehensive Plan
ensure that adequate public services and facilities are available; and
PUD.Goal 4 promotes the efficient and cost-effective delivery of said
services and facilities. It is the opinion of the Board of County
Commissioners that the applicant has not totally demonstrated that
adequate public services and facilities are available or that efficient and
cost-effective delivery of said services has been provided.
1) Although a payment-in-lieu of land was included in the application
for the St. Vrain School District, no provision was made for
construction of additional schools which, with 600 additional
students expected from the development, would most likely
require a future bond issue.
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CHANGE OF ZONE #528 FROM A (AGRICULTURAL) TO PUD - SIEGRIST COMPANIES, %
TUTTLE APPLEGATE, INC.
PAGE 3
2) The traffic impact study failed to alleviate concerns of the Board
regarding transportation, particularly the amount of roadway and
number of streets being proposed requiring more urban-type
street maintenance for which the Department of Public Works is
unprepared; nor would the payment of road impact fees alleviate
issues associated with State Highway 66.
3) It is the opinion of the Board that since the Sheriff's response time
in this area of the County has already increased from 10 minutes
to 14 minutes, the addition of 661 units with a population of 1,600
would present severe budgetary restrictions for the County, and
the level of service would not be adequate.
3. The applicant has not met the applicable requirements of the Weld County Mixed
Use Development Ordinance as follows
A. MUD.PPolicy 4.1 states, "New development that results in excessive
public costs while producing insufficient public revenues should be
discouraged, unless such development provides adequate guarantees
through planning and coordination, that public facilities and services are
effectively installed, operated, and maintained." The Board feels that
excessive public costs will be incurred with insufficient public revenue
increases.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Siegrist Companies, % Tuttle Applegate, Inc., for
a Change of Zone from A (Agricultural) to a PUD (Planned Unit Development) Zone District on
the above referenced parcel of land be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of February, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
/ W LD COUNTY, COLORADO
ATTEST:
AYE
Barbara (irkmeyer, hair
Weld County Clerk to th B
um� NAY
C ' / ; s, �. ei e, Pro-Tem
BY: °;:-
Deputy Clerk to th=f � A —` (AYE)
4Baxter
APPROVED AS TO FORM:
(AYE)
/ Dale K. Hall•County Attdrtley L QLGL (NAY)
nlenn Vaa
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