HomeMy WebLinkAbout990567.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Moriah Estates/Jim Scott Case Number Z-520
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (4 pages) X
3 Letter to Applicant X
4 Planning Commissioner Field Check form X
5 Legal Notifications (2 pages) X
6 Application (54 pages) X
7 Referral list and referral sheet(2 pages) X
8 Weld Co. Dept.of Planning Services referral received 12/7/98 X
9 Larimer County referral received 12/10/98 X
10 Weld County Building Inspection referral received 12/3/98 X
11 Weld County Health Dept. referral received 1/7/99 (2 pages) X
12 Colorado Div.Water Resources &fax ref recvd 12/18/98 (2 pgs) X
13 Colorado Geological Survey referral received 12/18/98 X
14 Weld RE-4 School District referral received 12/30/98 X
15 Maps prepared by DPS technician (2 pages) X
16 Surrounding Property Owners (10 pages) X
17 Letter from North Weld County Water District 11/24/98 X
18 Letter from Poudre Valley Rural Electric Assoc. 10/8/98 X
19 Letter from Public Service Company 10/2/98 X
20 Letter from US West 10/6/98 X
21 Weld County Public Works Dept. referral received 1/15/99 (2 pgs) X
22 Town of Windsor Sketch Plan referral received 7/28/98 X
23 Town of Severance Sketch Plan referral received 6/29/98 X
24 DPS Sketch Plan comment summary pages 6& 7 X
25 Town of Windsor referral received 1/18/99 X
26 vicinity map x
27 severence comments x
EXHIBIT
990567
28 north weld water x
29 water analysis x
29 Items submitted
I hereby certify that the 29 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.
SC4416a(474/—
Scott Ballstadt d• Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS ZQM day of `` .�,,.}ct-�t 19 4! .
SEAL /
Cl.eb rof.% P NOTARY PUBLIC
,t+ 2S
•
•
MY MLISOSION EXP117ES //2 8/too t_
y •' t3L1G•'Co
Op cOLOP
fit CHANGE OF ZONE
luRe` ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-520
PLANNER: Scott Ballstadt
APPLICANT: Jim Scott/Moriah Estates
ADDRESS: Shiloh Inc.
35325 Cornerstone Way
Windsor, Colorado 80550
REQUEST: PUD Change of Zone for 24 Estate zoned lots on 64.88 acres
LEGAL DESCRIPTION: Part of the SW1/4 of Section 4, T6N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to WCR 72 & approximately 1/4 mile east of State Hwy 257
ACRES: 64.88 PARCEL #0807 04 000001
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 5.3
of the Weld County Planned Unit Development Ordinance#197.
2. The submitted materials are not 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. The proposal
is not consistent with the aforementioned documents as follows:
1) A.Policy 3 specifies, "Conversion of agricultural land to urban-scale
residential, commercial, and industrial development will be discouraged
when the subject site is located outside of an approved Intergovernmental
Agreement area, urban growth boundary area, or 1-25 Mixed Use
Development area and urban development nodes. This policy is intended to
promote conversion of agricultural land in an orderly manner which is in
harmony with the phased growth plans of a municipality and the County. It
is further intended to minimize the incompatibilities that occur between uses
in the agricultural district and districts that allow urban-type uses. In addition,
this policy is expected to contribute to minimizing the costs to Weld County
taxpayers of providing additional public services in rural areas for uses that
require services on an urban level." This application proposes urban scale
development as defined by Section 2.18 of the Weld County PUD Ordinanc=
and is located outside an urban growth area as defined in A.Policy 3 „ 1
Therefore, the proposal does not comply with A.Policy 3. `V
Service,Teamwork, Integrity,Quality
2) 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." This application proposes urban-scale
development as defined by Section 2.18 of the Weld County PUD Ordinance
and is located outside an urban growth boundary area. Although the
proposal is located adjacent to the Town of Windsor's incorporated
boundary, urban services do not exist at this location. The intent of this goal
is to encourage urban scale development to occur where urban scale
infrastructure is available (see 2.A.3- R.Policy 3 below). The proposal does
not comply with UGB.Goal 2 as the proposal is located outside an urban
growth boundary area.
3) R.Policy 3 states, "Weld County should encourage a compact form of urban
development by directing residential growth to urban growth boundary areas
and to those areas where urban services are already available before
committing alternate areas to residential use." Urban services have not been
provided and are not proposed to be provided to this site and the proposal
is located outside an urban growth boundary area. Therefore, the proposal
does not comply with R.Policy 3.
B. Section 6.4.3.1.2- That the USES which would be allowed on the subject property
will conform to the Performance Standards outlined in Section 2 of this Ordinance.
Section 2.6 of PUD Ordinance #197 states, "The density, design, and location of
land USES within and adjoining a PUD shall be designed to be compatible with other
USES within and adjoining the PUD." Although the proposed land uses may be
compatible with surrounding developments, the proposed density is not consistent
with surrounding developments, as stated in more detail elsewhere in these
comments. This application proposes Urban Scale Development as defined in
Section 2.18. The Weld County Health Department's referral indicates that the
application conforms with Section 2.20 of the PUD Ordinance#197, however, the
Health Department also indicates concerns with the proposed lot sizes.
C. Section 6.4.3.1.3- That the USES which would be permitted shall 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 Town
of Windsor had not yet submitted a referral response at the time of these comments,
however, the Town's sketch plan comments indicated that the proposal does not
conform to their comprehensive plan, "...since the proposed lots are approximately
1 acre yet would not be served by municipal sewer..." The Town of Severance also
indicated in a sketch plan referral response that the proposal is not consistent with
their long-term growth plan. Although the application materials indicate that, "The
density and construction type fit extremely well with the North Shores Subdivision to
the south and the Shiloh Estates PUD to the east,"the application actually proposes
a much higher density. Lot sizes in Shiloh Estates range from 2.12 to 17.41 acres
with most lots being in the 3.5 acre range. According to the Town of Windsor
Planning Department, North Shores Subdivision consists of 2.5 acre lots. Gander
Valley PUD, located east of and adjacent to Shiloh Estates, contains four lots
Service,Teamwork, Integrity,Quality 2
9g GS7o 7
between 5.6 acres and 6.6 acres and one 40.48 acre lot. The application proposes
lot sizes which are less than half the lot size of any platted lot in adjacent
subdivisions. Staff has concerns with the proposed one acre lot size given the large
scale of the homes being constructed in the area, the necessary space for primary
and secondary septic system leach fields and the associated accessory structures
which are common in the Estate zone district.
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. This application does not propose public
sewer. Private septic systems are proposed for each individual lot. The Weld
County Health Department's referral indicates that the application satisfies PUD
Ordinance#197 with regard to water and sewer service, although the referral also
states, "The proposed lot sizes are smaller than we would prefer..." The Colorado
Geological Survey also has several concerns and states, "The localized presence
of low permeability soils, shallow groundwater, and shallow bedrock are red flags
that signal problems with leach field efficiency are likely to develop." The application
materials point out on page 11, "It is our belief that sewer service may never b[e]
accessible to this site due to a number of already completed residential subdivisions
between this site and the sewer service. All of these subdivisions rely on septic
systems for sewage disposal." The fact that adjacent subdivisions utilize septic
systems for sewage disposal does not justify their use in this proposal, especially
given the fact that this application proposes a much higher density. Additionally, if
urban scale infrastructure never becomes available to this site, then urban scale
development should not occur. The intent of the Urban Growth Boundary Goals and
Policies is to encourage urban scale development to occur where urban scale
services exist or are likely to be provided in the future. The application does propose
public water to be provided by North Weld County Water District. A letter from the
water district included in the application materials specifies fire flows and necessary
line improvements, however, does not commit to serve the development.
Additionally, a letter from the Division of Water Resources received December 18,
1998 indicates that North Weld County Water District has not submitted a required
report to the State. Therefore, the Division of Water Resources states, "Based on
the information provided, we cannot comment on the potential for injury to decreed
water rights or the adequacy of the proposed water supply under the provisions of
Section 30-28-136(1)(h)(II) C.R.S."
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 Weld
County Public Works Department was still formulating their referral comments at the
time of these comments. Public Works' referrals indicate that the proposed typical
road cross section, right-of-way and cul-de-sac dimensions are adequate, however,
the referral response received 1/15/99 requires an acceleration lane on WCR 72 due
to a recently updated traffic count which indicates that traffic on WCR 72 warrants
an upgrade of WCR 72 to collector status. The application materials indicate that
School District Superintendent Brian Lessman stated on November 10, 1998 that a
drop-off was not necessary and that the bus currently stops on WCR 72 for North
Shores and Shiloh Estates subdivisions. Therefore, this application does not
Service,Teamwork, Integrity,Quality 3
996 s6 7
propose a bus stop. However, the School District referral dated December 28, 1998
indicates that a turn-around, "...circle would be helpful." The fact that the school bus
currently stops on WCR 72 for other developments should not be considered
justification for additional stops on WCR 72. In accordance with Public Works and
School District referrals, an acceleration lane/pull-off lane which allows the school
bus to park off of WCR 72 so that children can board and unboard the bus safely
would be required.
F. Section 6.4.3.1.6- 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 road
improvements. 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. The Weld County
Public Works preliminary indication and sketch plan comments indicate that the
proposed typical road cross section, right-of-way and cul-de-sac dimensions are
adequate. Also, an improvements agreement is required in compliance with
Sections 12 and 13 of the Weld County Subdivision Ordinance.
G. Section 6.4.3.1.7- That there has been compliance with the applicable requirement
contained in the Zoning Ordinance regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site. The subject site is not located
within any overlay districts. The Colorado Geological Survey (CGS) referral
response received December 18, 1998 indicates several concerns pertaining to soil
conditions. In their sketch plan comments, the CGS requested a water budget which
the applicant did not submit so CGS cannot fully evaluate spring-summer
groundwater elevations and the influence of irrigation. Additionally, CGS states that,
"...percolation rates of 60 mpi may barely meet State health guidelines, this rate
indicates extremely marginal conditions of low permeability."
H. Section 6.4.3.1.8-Consistency exists between the proposed zone district(s), USES,
the Specific or Conceptual Development Guide. In accordance with Section 2.3 of
the Weld County PUD Ordinance #197, the application materials propose Estate
zoning, while varying from the minimum lot size in the Estate zone district. Section
36.3.1 of the Weld County Zoning Ordinance establishes 2.5 acres as the minimum
lot size in the Estate zone district, while the applicant proposes lots sizes ranging
from 1.00 to 1.22 acres.
This recommendation for denial 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.
Service,Teamwork, Integrity,Quality 4
6 cfe 4 DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)TIVE 352-6312FILES
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
Wilk.
GREELEY, COLORADO 80631
COLORADO
December 2, 1998
Jim Scott
35325 Cornerstone Way
Windsor, CO 80550
Subject: Z-520 - Request for a Planned Unit Development Change of Zone for 24 Estate zoned lots on
64.88 acres on a parcel of land described as Part of the SW4 of Section 4, T6N, R67W of the 6th
P.M., Weld County, Colorado.
Dear Mr. Scott:
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 January 19, 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
Commission 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 this meeting. 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.
•
Respectfully,
's S Ballstadt I 3
Planner II
99oa 7
FIELD CHECK
FILING NUMBER: Z-520 DATE OF INSPECTION: /Pa/St-WI
APPLICANTS NAME: Moriah Estates/Jim Scott
PLANNER: Scott Ballstadt
REQUEST: Planned Unit Development Change of Zone for 24 Estate zoned lots on 64.88 acres.
LEGAL DESCRIPTION: Part of the SW4 of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to WCR 72 and approximately 1/4 mile east of Hwy 257.
LAND USE:
E
S Asti
W
ZONING: N A (Agricultural)
E A (Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS: D ,�7
LIZI-t_ LA
P.C. Member
UNMET
99os7a 7 ---- `--
Hello