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Home My WebLink About952223.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Maria Koolstra that the following resolution be introducted for passage by the Weld County Planning Commission that the application for: _' CASE NUMBER: Z-494 A rr' NAME: John T. & James T. Martin --j C) C7 ADDRESS: 147 South Denver Avenue, Fort Lupton, CO 80621 70;0Y. )CD )2C REQUEST: Change of Zone from A(Agricultural) to E(Estate) -4: LEGAL DESCRIPTION: SE4 NW4 and SW4 of Section 12, T1N, R66W of the 6th P.M., COoC21d') County, CO LOCATION: Approximately 1/2 mile south of Weld County Road 12 and approximately 1/2 mile west of Weld County Road 37 THE PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The submitted materials are not in compliance with the application requirements of Section 21.7 of the Weld County Zoning Ordinance. 2. Planning compliance with Section 21.5 f Commission applicants have not It is the opinion of the the Weld County Zoning Ordinance as follows: AGRICULTURAL GOALS AND POLICIES The request is not consistent with Weld County Comprehensive Plan Agricultural Goals 1 and 4 nor is it consistent with Agricultural Policies 1 and 10. The agricultural zone district was established to maintain, protect and promote Weld County's agricultural industry and to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential, commercial and industrial land uses. The Comprehensive Plan directs urban -type growth to occur adjacent to existing incorporated municipalities and in accordance with the municipalities' adopted comprehensive plan goals and policies. According to Agricultural olicy cy #f10, "Public facilities and services such as sewer, water, roads, schools, re and police protection must be provided and developed in a timely, orderly, and efficient manner to support the transition of agricultural land to urban development." While this property is located the e outer s ter fringeuof eFort Lupton's urban growth boundary, existing public additional residential land uses at this location. It is staff'•s opinion that the absence of public access to the site as well as lack of a water supply by a public water company indicates that the development of this parcel into a 52 - lot subdivision could neither be considered timely or efficient. URBAN GROWTH BOUNDARY GOALS AND POLICIES This proposal is not consistent with Urban Growth Boundary Goals 1 and 2 nor is it consistent with Urban Growth Boundary Policies 1 and 2. 952223 Page 2 RESOLUTION -Z494 September 7, 1995 The urban growth goals and policies are established to plan for anticipated growth by directing residential uses and development to occur within or adjacent to existing municipalities. Urban Growth Boundary Goal #2 seeks to maintain land use regulations that allow Weld County and municipalities to coordinate plans and policies relating to zoning, construction of streets, public infrastructure, and other matters affecting the orderly development within urban growth boundary areas. The Martin property is located approximately 2 1/2 miles from Fort Lupton. No public sewer or water service is provided to this area by Fort Lupton; in fact, the site is not located within Fort Lupton's comprehensive planning area. The applicants may argue that Weld County approved Martin Brothers' Planned Unit Development directly east of this site some years back. To allow 52 additional residential lots at this location proliferates leap -frog development. RESIDENTIAL GOALS AND POLICIES This proposal does not comply with Residential Goal 2 nor does it comply with Residential Policies 4 and 5. The applicants have not demonstrated that adequate public services are available to serve the proposed subdivision. The community well system proposed for the use was determined to meet the minimum regulatory requirements for a public water supply during the Substantial Change Hearing process. The Weld County Health Department has indicated that the water must meet State requirements for drinking water standards, as a condition in approving the subdivision. Residential Policy #4 states, "Weld County shall encourage a compact form of urban development by directing residential growth to...those areas where urban services are already available before committing alternate areas to residential use." Compatibility with existing surrounding land uses is promoted by Residential Policy #5. In staff's opinion, the proximity of Weld County Disposal's closed facility, located no more than 1/4 mile north of the site, and the unknown, future environmental consequences posed by this operation, should be a consideration in granting the approval of a residential neighborhood at this location. The health, safety and welfare of citizens residing in the County is a responsibility of Weld officials in planning areas for residential use. PUBLIC FACILITIES AND SERVICES GOALS AND POLICIES This proposal does not comply with Public Facility and Service Goals 1 and 2 nor Public Facility and Service Policies 4 and 6. Public Facility and Service Goal 2 requires that adequate facilities and services are provided to assure the health, safety, and general welfare of the present and future residents of Weld County. Concerns have previously been raised regarding the quality of the water supply proposed for the subdivision. A referral response from the Platte Valley Soil Conservation District indicates that, due to on -site soil limitations, seepage from individual septic systems could potentially occur, impacting ground water and causing surface water pollution in Dougan Reservoir and the Speer Canal. "Facilities and services proposed within a municipality's urban growth boundary should be designed for compatibility with the future municipal infrastructure planned for the area," according to Public Facility and Service Policy #6. Staff knows of no future municipal infrastructure planned for this area. If one exists, certainly the 952223 Page 3 Resolution - Z494 September 7, 1995 community well system and septic systems for 52 lots do not represent compatibility with future residential services. To further evidence the lack of infrastructure, no public access presently serves the site. The applicants have not demonstrated that the zoning of the property under consideration is faulty or that changing conditions in the area warrant a change of zone. As stated previously, Martin Brother Planned Unit Development for rural residential uses is being developed nearby. As well, other rural residences on larger farm parcels exist in the area. However, with no urban -type public services in place nor planned for the foreseeable future, it doesn't appear that changing conditions in the area is a factor to consider in this request to rezone. The applicants are requesting the County to approve a change of zone allowing a rural residential subdivision to be located adjacent to the Speer Canal. The applicants do not wish to construct fencing to separate the proposed residential lots from the Canal because the Canal easement (identified as "25 - foot open space and greenbelt" on the plat) is planned for recreational use. Staff is concerned that unrestricted access to the Canal would present serious safety hazards to incoming residents, particularly children. The applicants propose seven (7) access points from the County road system to serve this subdivision, two on Weld County Road 10, along the south property boundary and five on Weld County Road 35, along the west property boundary. The applicants have indicated a willingness to construct both roads to County standards, as neither road exists at the present time. The extension of more than 1 1/2 miles of County roads would be required in order to provide public access to the proposed subdivision: a portion of Weld County Road 35 between Weld County Roads 10 and 12, and a portion of Weld County Road 10 between Weld County Roads 35 and 37. Eight of the proposed lots within the subdivision would front Weld County Road 35 and have direct, shared accesses to the road. An additional access to Weld County Road 35 is planned as a street into the subdivision, providing ingress to and egress from the west. The length of the west property boundary is 2,667 feet, more or less. Staff does not support direct access of these eight lots to the County road, specifically, the creation of five accesses for residential use located within a distance of only 1/2 mile. In the staff's opinion, the requirement for new residential growth to access County roads by way of an internal street system is critical to promotion of safety and efficiency in land use development. The applicants have not demonstrated limitations for road construction can be Soil Survey of Weld County as 44 and 72-74 for local roads, due to low strength. comprise approximately 50 per cent of the for roads. that on -site soils with moderate overcome. Soils identified by the have moderate limitations when used Soils classified within this range site, a portion of which is planned 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. 952223 Page 4 RESOLUTION - Z494 September 7, 1995 Motion seconded by Jack Epple: VOTE: For Passage Ann Garrison Marie Koolstra Jack Epple Shirley Camenisch Richard Kimmel Against Passage Zachary Allely Arlan Marrs The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Jill Boshinski, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 16, 1991. Dated the 7th of September, 1995. Jill E. Boshinski Secretary 952223 ADDITIONAL COMMENTS Z-494, John T. & James T. Martin Staff has received ten letters objecting to this change of zone, as well as several telephone calls from surrounding property owners. Concerns relate to domestic water quality provided by wells in this area, problems with street maintenance in the Martin PUD located east of the property, compatibility of additional residential uses with Weld County Disposal and other issues. 952223 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: NAME: John and James Martin ADDRESS: 147 Denver Avenue, Ft. Lupton, CO 80671 REQUEST: A Change of Zone from A (Agricultural) to E (Estate). LEGAL DESCRIPTION: The SE4 NW4 and SW4 of Section 12, T1 N R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 10; approximately 1/2 mile west of Weld County Road 37. be continued until September 7, 1995, to allow referral agencies time to review materials the applicant recently submitted. Shirley Camenisch seconded the motion. VOTE: For Passage Against Passage Ron Sommer Curt Moore Jack Epple Marie Koolstra Shirley Camenisch Richard Kimmel The Chairperson declared the resolution passed and ordered that a certified copy be placed in the file of this case. CERTIFICATION OF COPY I, Sharyn Frazer, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on August 1, 1995. Dated the 1st of August, 1995. haryn Fraz'-r Secretary 952223 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-494 APPLICANT: John and James Martin REQUEST: Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Located in the SE4 NW4 and SW4 of Section 12, Ti N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 10 and approximately 1/2 mile west of Weld County Road 37. be continued, to August 1, 1995, to allow more time for referral agencies to respond to additional information submitted to the Planning Department, and allow the applicants additional time to submit requested information. Judy Yamaguchi seconded the motion. VOTE: For Passage Against Passage Curt Moore Ron Sommer Judy Yamaguchi Jack Epple Marie Koolstra Bud Clemons Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be placed in the file of this case. CERTIFICATION OF COPY I, Wendi Inloes, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 6, 1995. Dated onthe6th f July, 1995 �v Wendi Inloes Secretary 952223 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Judy Yamaguchi that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-494 APPLICANT: John and James Martin REQUEST: Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Located in the SE4 NW4 and SW4 of Section 12, T1 N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 10 and approximately 1/2 mile west of Weld County Road 37. be continued, to the July 6, 1995, to allow the applicant additional time to address concerns from surrounding property owners and referrals agencies. Jack Epple seconded the motion. ""' v, 415 VOTE: cp . ; Z ni For Passage Against Passage T r> = ro c,� �O Curt Moore O — ? Ron Sommer o ._ Judy Yamaguchi _ cc)• Jack Epple o0 Marie Koolstra Shirley Camenisch Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be placed in the file of this case. CERTIFICATION OF COPY I, Wendi Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 6, 1995. Dated on the 6th of June, 1995 Wendi Swanson Secretary 42?2:I Hello