HomeMy WebLinkAbout20002805.tiff etit :S4r
BOARD OF COUNTY COMMISSIONERS
PHONE (970) 356-4000, Ext. 4200
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
October 23, 2000
Cecil Farms
do Vern Cecil
1639 35th Avenue Court
Greeley, Colorado 80634
Dear Mr. Cecil:
Your application for a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned
Unit Development) Zone District for five (5) lots with E (Estate) uses and 7.54 acres of common
open space has been recommended unfavorably to the Board of County Commissioners by the
Planning Commission. The legal description of the property involved is shown as part of the
Lot B or Amended Recorded Exemption #2019; being part of the S1/2 of Section 11,
Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will be necessary for you to
indicate your request by signing the bottom of this letter and returning it to this office. Regular
hearing procedures will then be followed.
In order to proceed as quickly as possible, we must receive your reply by November 22, 2000.
If we are not in receipt of your request by that date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara J. Kirkmeyer, Chair
EXHIBIT
BJK/eeg E
ebz#55!
I/we, , do hereby request the Board of County
Commissioners to consider the above mentioned application.
2000-2805
BOARD OF COUNTY COMMISSI(►NFI• S
PHONE (970) 356.400€. )0
FAX: '970! i52-1: 2
C BOX 8
WI I D Ci GREELEY, COL. )RA ) 81k t2
COLORADO
October 23, 2000
Cecil Farms
c/o Vern Cecil
1639 35th Avenue Court
Greeley, Colorado 80634
Dear Mr. Cecil:
Your application for a Change of Zone from the A (Agricultural) Zone District to a PUD !P'ann r 1
Unit Development) Zone District for five (5) lots with E (Estate) uses and 7.54 acres of common
open space has been recommended unfavorably to the Board of County Commissioners by tin=
Planning Commission. The legal description of the property involved is shown as part of tie
Lot B or Amended Recorded Exernption #2019; being part of the S1/2 of Section 11,
Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will be necessary for you to
indicate your request by signing the bottom of this letter and returning it to this office. Requla"
hearing procedures will then he followed.
In order to proceed as quickly as possible. we must receive your reply by November 22. ; 000
If we are not in receipt of your request by that date, the matter wi,I be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
W ELp COUNTY, COLORADO
•
)71/ 1, //
Barbara J. Kirkmeyer, Chair
BJK/eeg
i
/im I/we, /� / 2F7r�? 'J� ' Y request County
C /J( ( , s�iic �,yc'� do hereby the Board of
Commissioners to consider t above mentioned application. r„. s
EXHIBIT
♦�wrsr��
9/ 15 /2000
Daryl & Kathleen Ottoson
16645 CR 70
Greeley, CO 80631
Sheri Lockman
Weld County Planning Offices
1555 North 17th Ave.
Greeley, CO 80631
re: case # Z-551, Ponderosa Estates
Dear Sheri Lockman,
We are writing to protest of the proposed zoning change for the
housing development designated by your planning office as case
number Z-551 and called by the applicants for the change, Ponderosa
Estates. Our primary objections are explained as follows and are
numbered consecutively
• 1) Mr. Hodges, the planner hired by the applicants,
erroneously states that this proposed development conforms to the
Comprehensive Plan (page 5 of the proposal) and is " consistent with
the existing surrounding land uses".. In fact, this development is
exactly the sort of unregulated urban type building in agricultural!
communities that the comprehensive plan sought to discourage. The
houses on this section and the sections to the north, east, west and
four fifths of the section to the south are hundreds if not thousands
of feet apart and almost all are inhabited by people involved in
agricultural pursuits. To simply plop a housing development in the
middle of this community directly violates the intent of the
comprehensive plan.
A simple look at the location of this proposed
development shows them to be directly adjacent to a feed-lot where
there would be immediate conflict between an agricultural business
and the desires of these new homeowners to have a domestic
environment free from the noise, dust, smell and night lighting
associated with this business. The seasonal use of crop dusters, heavy
machinery, and pesticides on other adjacent properties and the
irrigation traffic on the ditch road immediately behind the proposed
houses would again create an chronic conflict between the new
homeowners and the surrounding agricultural community.
The Weld County Comprehensive Plan states specifically on:
Page 1-13, column 1, paragraph 3, "The intent of efficient
land use planning in Weld county is to, when possible, minimize the
impact of development on agricultural lands". and on
EXHIBIT
1CO&*SS/
Page 2-2, column 2, paragraph 4, "It is important that
Weld County representatives and officials recognize their role in
reducing the conflicts between agricultural uses and residential,
commercial and industrial uses." and on
A.policyl, page 2-3, column 1, paragraph 5, "Agricultural
zoning is intended to preserve prime agricultural land and to provide
areas for agricultural activities and uses dependent upon agriculture
without the interference of incompatible residential, commercial and
industrial land use." and on
A.goal 3, page 2-4, column 1, paragraph], "Discourage urban-
scale residential. commercial and industrial development which is
not located adjacent to existing incorporated municipalities". While
this development may not technically qualify as urban scale it
certainly fits that description when compared to the rest of the
neighborhood.
• 2) Mr. Hodges also implies, in the second paragraph, page I ,
of the proposal for Ponderosa Estates housing project that a
significant portion of this parcel is non-prime farmland. In fact, if
you will turn to the accompanying maps and superimpose the section
lines of the two enlarged maps you will see, if held up to a bright
light, that greater than 90% of the proposed development is prime
farmland. Before Mr. Cecil purchased the property Mr. Ulmer
regularly irrigated this pasture and pastured 20 or more cattle on it.
Once again, the Comprehensive Plan makes a point in,
A.Goal 1, page 2-3, column 1, "Preserve prime farmland for
agricultural purposes which foster the economic health and
continuance of agriculture." and,
A.Policy 1, page 2-3, column 1, "Agricultural zoning will be
established and maintained to protect and promote the County's
agricultural industry. Agricultural zoning is intended to preserve
prime agricultural land and to provide areas for agricultural
activities and uses dependent upon agriculture without interference
of incompatible residential, commercial, and industrial uses."
• 3) In addition, the will serve letter from the North Weld
County Water District noted on page 1 , paragraph 4 of the proposal
fails to mention the fragile nature of the current water supply. The
specifics on this issue paint a picture of inadequate water supply for
residents along CR70 and a large cost to the County to replace the
main water supply line should this proposed development be
allowed to draw its water from the current main line.
The current water main supplying water to the houses on
county road 70 and which would supply water to the proposed,
Ponderosa Estates housing development is a six inch line. Its current
2
average pressure is between 45 and 50psi. with a daily low pressure
of below 40 psi. The lowest pressure considered adequate for
domestic use by the North Weld County Water District is 35 psi.. This
water district has made its assumptions about effect from the
proposed development on pressure and flow in the 6 inch supply line
by assuming a per household use of 226,000 gallons per year, for a
four person household, in these four new houses. In addition, there is
another house being built on land previously sold off the 40 acre
parcel the remainder of which is slated for this development.. This
lot has approximately 7.5 acres, belongs to Bill and Anne Radecky.,
and will also utilize the 6 inch main for water supply. The water
district estimates that just the four new houses of Ponderosa Farms
will lower the pressure in the main line by 2-5 psi. The additional
house listed above would drop it a bit more.
So, using current water district estimates, there will be times
every day when pressure will fall below the water districts
minimum acceptable level. Mr. Overton, of the North Weld County
Water District noted to me that this could be particularly problematic
because most household plumbing is designed for 60 psi.
If you then consider how grossly the water district has
underestimated water usage for these houses the pressure and flow
drop in the main line and subsequently to the residents along CR 70
could be enormous. As an example, let us site the Chris Michael
family's water usage. He lives approximately 400 yards from the
proposed development on CR 70. He sprinkles less than one acre of
lawn three times a week in the summer only. His family constitutes a
four person household, although 2 are babies. He also waters three
horses and four dogs, but has the most water efficient household
appliances currently available. His water usage for last year was
488,000 gallons. When you also consider that each of the proposed
lots is 4.5 acres in size, the possibility that they will be watering
considerably more the 1 acre gives a startling idea of how much
water these houses may actually consume. On top of all this, Mr.
Radecky, the gentleman building on the lot in front of the proposed
development, plans to make his place a tree farm and the large
water utilization that this would require could easily be jeopardized
by the additional requirement of the proposed development.
The North Weld County Water District is now spending all its
available resources replacing its main feeder line from Horsetooth
reservoir and updating its filtration plant. It will not be able to
address inadequate supply lines for years to come. Any change made
now, such as adding these new houses, that would jeopardize the
3
water supply and pressure could not be fixed for years and would
simply have to be endured by current residents all along this line.
This completely inadequate water supply would entail a great
expense to Weld County to replace the water main without the
increase in tax base to support the expense. This would fly in the
face of
R.Goal4 (page 3-10 of the comprehensive plan), stating, "All
new development should pay its own way." and
R.Goal 3 (page 3-10) stating, "Promote efficient and cost
effective delivery of public facilities and services to residential
development or districts." and
PUD.Goal 3 (page 3-11) stating "Ensure that adequate public
services and facilities are available to serve the planned unit
development or district." and
PUD.Goal 5 (page 3-11) "All new planned unit development
should pay its own way"
Page 3-9, column 1, paragraph 2, of the comprehensive
plan, stating, "The fiscal constraints upon Weld County government
will not permit indiscriminate development with no regard for how
such services and facilities will be provided". and
Page 3-24 to 25, column 2, paragraph 4, "The following
services and facilities must be determined adequate and in
accordance with the requirements set forth in the comprehensive
plan, Zoning and Subdivision Ordinances prior to the zoning of a
parcel for development or the development of an industrial,
commercial residential or planned unit development subdivision. (1)
availability of an adequate water system."
• 4) County Road 70 is the typical dusty agricultural dirt road.
This housing development would double and possibly triple the
traffic on this road exacerbating an already unacceptable and
unhealthy dust problem, and greatly increasing hazards to animals
and children.
• 5) Aside from the points made above in objection to this
development it seems particularly counterproductive that the state
limits division of agricultural land to 35 acres while, according to Nir.
Hodges, siting the comprehensive plans statement that an 80 acre
parcel is the lower limit of agricultural viability, he has carte blanche
to propose zoning changes on anything smaller than 80 acres because
its not economically productive as farm land. This would seem to
make any agricultural parcel 79 acres or less acceptable for zoning
change regardless of its location or surrounding uses. Is this what the
state law intended?
4
• 6) While we understand and support individual property
rights, the individual promoting this development is a stranger to
this community, and has no interest in it beyond his recent purchase
of this land for pure carpet bagging land speculation. This sort of
hostile destructive land development should be discouraged by Weld
County as we think it is in the comprehensive plan.
Please consider these arguments and do not recommend the
zoning change requested by case Z-55 1, Ponderosa Estates.
Thank you for taking the time to read this letter.
Cordi lly,
)111(31\4A c cc tiff "iT mot-
Daryl & Kathleen Ottoson
5
r- Todd Hodges Design,
November 20, 2000
Weld County Commissioners
P.O. Box 755
Greeley, Colorado 80632 3
RE': Planned Unit Development Change of Zone #55 1 - Redesign of Ponderosa E ,tats
PUD
Dear Commissioners:
This letter and attached drawings address issues that came from surrounding proper •,
owners and Weld County Planning Commission members at the public hearing for
Ponderosa Estates PUD Change of Zone application on October 3, 2000, as viell
some of the conditions requested by staff.
After hearing the concerns of surrounding property owners and the Weld Loup.)',
Planning Commission the applicant re-evaluated the original design and modified: it
address the issues. The main issue that continually arose was compatibility with the
existing livestock confinement operation north and adjacent to this proposal.
This proposal has been modified by reducing the number of lots from five to four. whip
increased the amount of open space and provided for even further separation of tlic
proposed on-site residential uses and the existing agricultural uses on act aces
properties. Also, the evergreen screen/buffer has been moved to the north lot line
Lot 4 for greater impact and allow for the continued irrigation of the open space fre n
the north. (see attached rendering and change of zone plat)
Building envelopes and septic envelopes have been placed on the rendering to ( omf
with the health Department requests and standards.
The redesign also addresses the concern of the Public Works Department with side-tv
side access to the open space and Lot 5 of the original design.
The redesign also shows the proposed approximate location of a future drill site r'ase._a
on Oil $ Gas Commission Cntena. The applicant feels that condition of approva I A l
addressed by the delineation of a future drill site, as well as, the fact that 'nine-al
owners and lessees were notified by mail of this proposal. a„
CI 2-tt2 Denby Cram * lin9 d:`oloradu BILi2G • (970) 207-0272 • jax (ihl) 1'1b8I!Sa
email: toddhodgesdesign,aearthlinh.✓iet
TN'ow ue8UV9N3d
Condition of approval I B may be addressed simply by stating that any structures Inlace
in the open space would be for livestock, equipment and/or feed storage f: ' t ir
continued pasture use of the open space area. Any such structure would be ow'vH a'ir
mamtarned by the homeowners association and would be placed to insure the aon' ty f
continuation of existing agricultural uses.
Condition of approval I C is addressed by the 20' irrigation easement that hao be
shown on the change of zone plat. The easement is intended to protect the exstrio
irrigation tile and allow for maintenance or replacement, should it be necessary.
The applicant of this proposal believes that the redesign of Ponderosa Estates r"JD
fu'ly compatible with the existing and future land uses of the area and meets or ex ee,;,
the criteria for a PUD change of zone.
Sincerely.
f1ilr
Todd A. hodge , ASLA
TODD hODGES DESIGN, LLC
Cc: Weld County Planning. Weld County Public Works, Weld County health Departr rent
Nolan Ulmer, Vern Cecil
Attachments
Evergreen Screen/Buffer
x
Open 3po\ace
-tg
4 . \
, I Typical Building
.i., , Envelope
i
s
I 50' R "no-build"
(approximate location of future drill site Lot 4 i \)
based on Oil t Gas Commission criteria) z § lt: 'Si
�" Q� _ �a:. Typical Septic
Envelopes
Lot 3
•
t z"ii›
` Y, .iN Possible sus atop
Mail Box locat'on
Land Use Table
4 Estate Lots 20. 115 acres
Open Space --------- 10. 138 acres
Possible
riydrant location
Road ROW 2.233 acres
total 32.48G acres
CAROL Harding - Docket#: 2000-73 age 1
From: "jodiel" <jodiel@gwest.net>
To: <charding@co.weld.co.us>
Date: 11/30/00 9:04AM
Subject: Docket#: 2000-73
DOCKET#: 2000-73
DATE: December 6, 2000
TIME: 10:00 a.m.
J,]
APPLICANT: r")-)
Cecil Farms, do Vern Cecil
c/o Todd Hodges Design, LLC
2412 Denby Court
Fort Collins, Colorado 80526
REQUEST: Change of Zone#551 from the A (Agricultural) Zone District to a
PLID (Planned Unit Development)Zone District
LEGAL DESCRIPTION: Lot B of Amended Recorded Exemption #2019; being part of
the S1/2 of Section 11, Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 70, and 1/2 mile east
of Weld County Road 33.
Weld County Board of County Commissioners
Weld County is a very large and diverse area. The rural setting has become
increasingly attractive for non-agricultural families to locate and build
personal residences. I do not condemn all rural growth, but am strongly
opposed to growth in areas that jeopardize farm family enterprises, some
which have been established for many years. Allowing residential growth
directly adjacent to an existing ten thousand head cattle feedlot is not in
the best interest of well planned Weld County Growth.
Sincerely,
John Leffler and Russell Leffler
EXHIBIT
COL,i .S,
_. Viz:
4.
po l//7/ oo o
Ate/ 'CA
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MEMORANDUM
TO: Sheri Lockman, Planner II DATE: November. 27 2000
WI I4\\C le FROM: Diane Houghtaling P.E., TrafficEngineerfit,,. -k
V✓edCou❑t� =�� rr=,ing nt SUBJECT: Z-551, Ponderosa Estates, Change of Lone
COLORADO \;(-:,, : ' 21 )0
RECEWE
The Weld County Public Works Department has reviewed this new change of zone request. Our con meats
and requirements are as follows:
COMMENTS: The internal roadway meets the requirements of the Subdivision Ordinance. The rc adwa i
right-of-way shall be dedicated to the County. The road right-of-way must be separate from the open space.
RECOMMENDATION: Approval
DEVELOPMENT CONDITIONS (If Approved):
A typical section shall be provided. The road right-of-way shall be dedicated to the County.
Final roadway plans acceptable to the Weld County Public Works department shall be sub ni ted `or
review at the time of final plat.
If you have any questions, please call.
pc:Z-551
M:\W PFI LES\diane\DEVELOPMENT'\,Z-551 a.wpd
EXHIBIT
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