HomeMy WebLinkAbout990203.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Robert& Janet Winter Case Number Z-518
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 Field check by Planning Commissioner n/a
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application (23 pages) X
8 Referral list X
9 West Greeley Soil Conservation District referral received X
10/23/98
10 Weld County Health Department referral received 10/14/98 X
11 Weld County Public Works Dept. referral received 10/12/98 X
12 Weld County Building Inspection referral received 9/25/98 X
13 Weld RE-4 School District referral received 10/01/98 X
14 CDOT referral received 10/26/98 X
15 Town of Windsor referral received 10/19/98 X
16 Town of Severance referral received 10/22/98 X
17 Division of Wildlife referral received 10/15/98 X
18 Windsor/Severance Fire District referral received 10/15/98 X
19 8 1/2 X 11 maps submitted by applicant(6 pages) X
20 Deed (2 pages) X
21 Surrounding Property Owners (2 pages) X
22 Mineral Owners (2 pages) X
23 Certificate of Mailing X
24 Letter to SPO's and Mineral owners X
25 Letter from North Weld County Water District X
25 Items submitted at planning commission
EXHIBIT
990203 I CO7 g
I hereby certify that the 25 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.
(7? (, )7
Julie A. Chester ❖ Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS /O"day of �6�Cl2 , 19 96 .
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NOTARY PUBLIC
MY COMMISSION EXPIRES 002 -O3 _aOp�
2.90213
‘1)(rtiiCHANGE OF ZONE
'Live. ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-518
PLANNER: Julie A. Chester
APPLICANT: Robert and Janet Winter
ADDRESS: 33652 WCR 21, Windsor, CO 80550
REQUEST: PUD Change of Zone to create four E (Estate) zoned lots with open space
LEGAL DESCRIPTION: Lot A of Recorded Exemption, RE-1694, Pt of the NW4 of Section
14, T6N, R67W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 70, Approximately ''A mile east of WCR 21,
approximately 1 ''A miles from the Town of Severance
ACRES: 9.909 acres PARCEL 080714000022
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 21.4
of the Weld County Zoning Ordinance, as amended.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning
Ordinance, as amended as follows:
A. Section 21.5.1.1 - That the proposal is consistent with the Weld County
Comprehensive Plan.
1) A. Goal 1 states, "Preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agriculture". The proposal is
a marginal agricultural property of approximately 10 acres which is split from
the farm by the Winter, Wacker and Matthews irrigation ditch and has been
subdivided through the Recorded Exemption process. The U.S.D.A. Soils
map designates this parcel as prime farmground, however due to the size of
this parcel it is difficult to farm.
2) PUD. Policy 4.1 states, "the design of a Planned Unit Development (PUD)
should ensure compatibility and harmony with existing and planned uses on
adjacent properties within the PUD. Surrounding land use activities at this
location include one rural residential home and agricultural activities. This
proposal appears to be compatible with surrounding uses.
3) UGB. Goal 2 states, "to 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
rzalial4 between future urban and non-urban uses. This proposal lies approximately
f$1T (�pn /�Service,Teamwork, Integrity,Quality 990203
one mile outside of the urban growth boundary areas of the Towns of
Windsor and Severance. This proposal is for four estate lots and is
consistent with the definition of non-urban scale development as defined in
the Weld County PUD Ordinance.
B. Section 21.5.1.2 - The uses which would be allowed on the subject property by
granting the change of zone will be compatible with the surrounding land uses. The
application proposes non-urban scale development in a non-urban area. The right-
to-farm covenant would be required to be placed on the plat thus informing any new
residents that the area of the surrounding community is agricultural in nature.
C. Section 21.5.1.3 -Adequate water and sewer service can be made available to the
site to serve the uses permitted within the proposed zone district. The application
does propose public water to be provided by North Weld County Water District and
each lot is proposed to be served by an individual septic system. Septic systems
would be required to comply with Individual Sewage Disposal System (ISDS)
requirements and specifications.
D. Section 21.5.1.4 - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. Weld
County Road 70, which serves as the access point to the subdivision, is an
unimproved roadway. Conditions of approval and development standards ensure
that the access for this PUD is adequate.
E. Section 21.5.1.5 - In those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with
the applicable standards:
1) Section 21.5.1.5.1 - The proposed change of zone does not lie within any
overlay district identified by the maps officially adopted by Weld County.
2) Section 21.5.1.5.2 - The proposed rezoning does not contain 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.
3) Section 21.5.1.5.3 - Soil conditions on the site are such that the soil is very
soft and may possess hydrocompactive properties that could cause it to
collapse when wet. Conditions of approval and development standards
address the concerns of the Colorado Geological Survey.
3. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts:The Weld County Health Department indicated
in a referral response, dated October 13, 1998,that there were no apparent potential
environmental impacts or risks that this proposed development may pose in excess
of other similar developments. The Colorado Division of Wildlife also commented
in a referral response, received on October 15, 1998, that this development will
Service,Teamwork, Integrity, Quality Z-518, Winter-Page 2
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impact wildlife and potentially impact associated wildlife recreation on the Winter
Farm and adjacent parcels. These impacts are addressed through Conditions of
Approval and Development Standards.
B. Section 6.3.2 Service Provision Impacts: Due to the size of the Planned Unit
Development, Weld County Public Works Department is waiving the requirement for
a Traffic Impact Analysis. The Weld County Planning Department director has
waived the paving requirement, as defined in Section 2.1 of the Planned Unit
Development Ordinance. The proposed street will be adjacent to Weld County Road
70, which is also gravel. The Weld County Public Works Department indicated in
their referral response that six inches of Class 6 material as stated in a previous
memo dated July 1, 1997, would be adequate. The street located within the
proposal will be constructed by the developer and maintained by the Homeowner's
Association. The Colorado Department of Transportation indicated in a referral
response that Highway 392 would not be significantly impacted because of access
to several county roads. The Weld County RE-4 School District commented that
services for children would be provided on county road designations. The Windsor-
Severance Fire Protection District is requiring a fire hydrant at this location.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape
Plan. The Plan is not in accordance with Section 9.3 of the Weld County Planned
Unit Development Ordinance (Ordinance 197). More information regarding
landscaping is needed and will be addressed through a Condition of Approval.
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites
advantages and limitations. The applicant scaled the development back from five,
to four lots to meet the requirements of Section 2.13 of the PUD Ordinance, so that
the overall density is approximately 2.5 acres per septic system. The site is
physically separated from the main farm and is a marginal agricultural parcel. The
site is elevated above the main farm parcel and provides for a unique residential
setting.
E. Section 6.3.5 Common Open Space Usage: The application proposes 1.62 acres,
which is a common open space area and additional trails to provide a buffer and a
link to each residential tract. The total common open space is approximately 17%,
which exceeds the requirement. The applicant is proposing to establish a
homeowners association in accordance with the requirements of Section 6.3.5 of the
Weld County Planned Unit Development Ordinance (Ordinance 197).
F. Section 6.3.6 Proposed Sign age: The applicant is only proposing appropriate
Signage as required by the Weld County Public Works Department.
G. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the
Mixed Use Development area.
H. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed change of zone
does not lie within any Intergovernmental Agreement area.
Service,Teamwork, Integrity,Quality Z-518, Winter-Page 3
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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 Estate Four 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 plat shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
2) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
B. The applicant shall submit evidence to the Department of Planning Services that the
concerns of the Windsor-Severance Fire Protection District have been addressed.
(Dept. of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services that the
Windsor School District has been contacted and any requirements have been
addressed. (Dept. of Planning Services)
D. The applicant shall submit evidence to the Department of Planning Services that the
concerns of the Colorado Division of Wildlife have been addressed. (Dept. of
Planning Services)
E. The applicant shall submit a revised landscape plan which delineates existing and
proposed plant materials (i.e. tree species), trail detail and other requirements of
Section 9.3 of the Planned Unit Development Ordinance (Ordinance 197). The
landscape plan shall also specify the Homeowner's Association's method of open
space maintenance. (Dept. of Planning Services)
F. The applicant shall submit evidence to the Dept. of Planning Services from North
Weld County Water District which indicates that all requirements of the District are
satisfied. (Department of Planning Services)
G. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of four(4) Estate zoned lots and one (1) non-buildable
common open space lot. The Change of Zone allows for Estate uses (4 lots)
which shall comply with the Estate Zone District requirements as set forth in
Section 36 of the Weld County Zoning Ordinance. 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)
Service,Teamwork, Integrity, Quality S-410, Winter-Page 4
990213
2) Water service shall be provided by the North Weld County Water District.
(Health Dept.)
3) A Weld County Septic Permit is required for the proposed home septic
systems and shall be installed according to the Weld County Individual
Sewage Disposal Regulations. (Health Dept.)
4) The applicant shall designate one building envelope and two septic system
envelopes on each lot. (Health Dept.)
5) The open space maintenance shall include removal of manure in a manner
that will prevent nuisance conditions and will not allow runoff. The manure
piles shall not be allowed to exist or deteriorate to a condition that facilitates
excessive odors, flies, insect pests or pollutant runoff. (Health Dept.)
6) Any Signage located on the property shall require building permits and
adhere to Section 42.2 of the Weld County Zoning Ordinance. (Dept. of
Planning Services)
7) The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Health Department,
and the Weld County Department of Planning Services.
8) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
9) Outdoor storage shall be screened from public rights of ways, and adjacent
properties. (Dept. of Planning Services)
10) The Right To Farm Covenant as stated in the Weld County Comprehensive
Plan shall be recognized at all times. (Dept. of Planning Services)
11) 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 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 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)
Service,Teamwork, Integrity, Quality S-410, Winter-Page 5
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12) The use of this lot for a PUD shall be vested for three years from the date of
the recording of the Final Plat.
3. Prior to the release of any building permits:
A. The applicant shall supply a designated street sign and stop sign at the appropriate
location adjacent to Weld County Road 70.
B. Foundations shall be engineered at each separate building site. (Weld County
Building Inspection)
Service,Teamwork, Integrity,Quality S-410, Winter-Page 6
990293
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-63 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
I 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Ci
COLORADO
September 23, 1998
Robert and Janet Winter
33652 WCR 21
Windsor, CO 80550
Subject: 2-518- Request for a Planned Unit Development Change of Zone on a parcel of land described
as Lot A of Recorded Exemption RE-1694; being part of the NW4 of Section 14, T6N, R67W of
the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Winter:
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 November 17, 1998, at 1:30 p.m. This meeting will
take place in Room 104, Weld County Centennial Center, 915 10th Street, 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 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 Severance and Windsor Planning
Commissions for their review and comments. Please call Town of Severance at 970-686-1218 and Town of
Windsor at 970-686-7476 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 Severance and Windsor Planning
Commission 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 minimum of ten 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.
Respe tfully,
uli Chester
Planner It WOW
pc Jeff Couch
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