HomeMy WebLinkAbout950663INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Martin Brothers Partnership Case Number: SCH-13
Submitted or Prepared Prior to
At Hearing Hearing
1. Planning Commission Resolution (completed after the Hearing)
2. Board of County Commissioners Resolution of September 7, 1994
3. DPS Recommendation X
4. Letter dated April 20, 1994 from Greg Thompson to Mr. John Martin X
5. Citizen Inquiry form dated May 4, 1994 completed by Mr. Greg Thompson X
6. Citizen Inquiry form dated May 4, 1994 completed by Mr. Greg Thompson X
7. Citizen Inquire Form dated May 17, 1994 completed by Mr. Greg Thompson X
8. Citizen Inquire Form dated May 31, 1994 completed by Mr. Greg Thompson X
9. Information sheet on the procedures for applications for land -uses for property previously denied X
10. Letter dated January 27, 1995 from Larry Richardson, Fire Marshal Fort Lupton Fire Protection District X
11. Planning Commission Resolution dated January 5, 1995 X
12. Letter dated January 5, 1995 from Keith Schuett X
13. Letter dated January 4, 1995 from John Martin X
14. Planning Commission Resolution dated December 6, 1995 X
15. Legal notice date stamped December 1, 1995 X
16. Letter dated December 1, 1994 from Timothy T. Carey, Army Corps of Engineers X
17. Letter dated November 22, 1994 from Larry Richardson, Fire Marshal, Fort Lupton Fire Protection District X
18. Letter dated December 7, 1994 from X
19 Referral response dated December 7, 1994 from the City of Fort Lupton X
20. Letter dated December 2, 1994 from Keith Schuett X
21. Letter dated December 1, 1994 from John Martin X
22. Field Check from Judy Yamaguchi dated November 22, 1995 X
23. Referral response dated November 23, 1994 from Ed Hearing, Weld County Sheriffs's Office X
24. Faxed Letter dated November 14, 1994 from John Martin X
25 Memorandum dated October 13, 1994 from Lee Morrison, Assistant County Attorney with two letters X
26. DPS Land -use summary dated November 28, 1994 X
27. Letter dated November 14, 1994 from John Martin X
950663
EX kt i.b{;f Pr
28. Pages 59 and 60 from the general administration section of the Weld County Policies and Procedures X
29. DPS referral list X
30. Referral response dated November 22, 1994 from Farmers Reservoir and Irrigation Company X
31. Referral response dated November 21, 1994 from Donald Carrol, Publics Works Department X
X
32. Surrounding property owners/Mineral owners hearing notice
33. Surrounding property owners/Mineral owners mailing list
34. Letter dated November 17, 1994 from Keith Schuett
35. Notice of public hearing
I hereby certify that the 35 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 on February 10, 1995 1994.
STATE OF COLORADO )
COUNTY OF WELD
SUBSCRIBED AND SWORN TO BEFORE ME THIS
SEAL
{ / l
My Commission Expires 11 V •ca,, I�
Revised February 9, 1995
Schuett Current Planner II
NIIAR 'j- IC
X
X
X
9506'33
December 6, 1994
CASE NUMBER: SCH-13
NAME: Martin Brothers Partnership
ADDRESS: 147 South Denver Avenue
Fort Lupton, Colorado 80621
REQUEST: Substantial Change Hearing
LEGAL DESCRIPTION: Part of the SW'% and part of the NW'% of Section 12, Township 1
North, Range 66 West of the 6th P.M., Weld County, Colorado
LOCATION: Approximately' miles south of Weld County Road 12 and approximately' west
of Weld County Road 37.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE DENIED FOR THE FOLLOWING REASONS:
It is the opinion of the Department of Planning Services' staff that the applicant has not
demonstrated that a substantial change in the facts and circumstances in the land -use application,
in the surrounding land -uses or in applicable provisions of the law has occurred.
The applicant's original application indicated that individual wells would be used for water
supply. The applicant now proposes to use a series of wells throughout the development
connected together accommodating several dwellings on each well meeting the minimum
regulatory requirements for a public water supply.
The Board of County Commissioners Denied the Change of Zone request on September 7, 1994.
Concerns raised during the review of the Change of Zone included the absence of a public water
supply, but was not limited to only that concern. The concerns included consistency with the
Weld County Zoning Ordinance, Consistency with the Weld County Comprehensive Plan
Agricultural, Urban Growth, Residential, Public Facilities and Services, Transportation, and
Environmental Quality and Natural Resources Goals and Policies; the uses proposed in the E
(Estate) Zone District was not compatible with the existing surrounding land uses; that the soils
at the location have limitations due to low strength when used for local roads and streets; and,
that the roads and access to the site are inadequate to meet the requirements of the proposed zone
district and the applicant had not expressed a willingness to upgrade the highway facilities at the
applicant's expense. The Board of County Commissioners resolution is attached to this
recommendation.
Additionally the applicant has not demonstrated that there is newly discovered evidence that
could not have discovered with diligent effort at the time of the original application. Sketch Plan
S-355 for Martin Brothers Partnership identified that a public water supply would be required for
a proposed P.U.D. residential subdivision, and this was brought to the applicant's attention
before and during the Change of Zone Case Z-489 which this request is being made.
9506S 3
#0itto
111�`P�
COLORADO
January 5, 1995
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303) 351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Weld County Planning Commission
1400 North 17th Avenue
Greeley, Colorado, 80631
Subject: SCH-13 Martin Brothers Partnership- Located in part of the SW'/ and part of the NW
IA of Section 12, Township 1 North, Range 66 West of the 6th P.M., Weld County,
Colorado.
Dear Planning Commission:
John Martin submitted the attached letter requesting a continuance to the first meeting in
February 7, 1995. The Planning Department Staff recommends that the Planning Commission
continue this case to February 7, 1995.
Sincerely,
Current Planner II
pc: SCH-13
SERVICE, 'TEAMWORK, INTEGRITY, QUALITY
9506S3
01-04-1995 15:38
303 534 2911 FT LUPTON
Martin Brothers Partnership
• •147 South Denver Avenue
Fort Lupton. CO 80621
(303) 857-4800
21J.-CeeL eP-u. CRim41 • .. s.-.
fsrr 71• i7 d
6A-€4•34., ea,ea6J�
JAM 4 '95 1444
054/77
303 534 2911
1
VUVe
COLORADO
December 2, 1994
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303)351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Weld County Planning Commission
1400 North 17th Avenue
Greeley, Colorado, 80631
Subject: SCH-13 Martin Brothers Partnership- Located in part of the SW'/4 and part of the NW
'/4 of Section 12, Township 1 North, Range 66 West of the 6th P.M., Weld County,
Colorado.
Dear Planning Commission:
John Martin submitted the attached letter requesting a continuance to the first meeting in January
1995. The Planning Department Staff recommends that the Planning Commission continue this
case to January 5, 1995.
Sincerely,
> Current Planner II
pc: SCH-13
SERVICE, TEAMWORK, INTEGRITY, QUALITY
9506'93
Martin Brothers Partnership
147 South Denver Avenue
Fort Lupton, CO 80621
(303) 857-4800
Decemoer 1, 1994
Keith Schuett
Departeant of Planning Services
1400 North 17th Ave.
Greeley, Colo 30631
Dear Keith,
Please reschedule case no. SCH-13
iartin Brothers Partnership until
some time after the first of the year
as soon as possible. We are unable
to assemble every thing we need by
B`acember 6 hearing date. Thank you.
Sincerely,
hn Martin
DEC 2 1994 I
a,riaa
350653
FIELD CHECK
FILING NUMBER: SCH-13
DATE OF INSPECTION: 1/420-1411
APPLICANT'S NAME: Martin Brothers Partnership
REQUEST: A Substantial Change Hearing on a parcel of land which had a land use
application previously denied.
LEGAL DESCRIPTION: Part of the SW4 and part of the NW4 of Section 12, T1N, R66W
of the 6th P.M., Weld County, Colorado.
LOCATION: Approximately 3/4 miles south of Weld County Road 12 and approximately
3/4 miles west of Weld County Road 37.
LAND USE:
ZONING:
N A (Agricultural)
8 A (Agricultural)
S A (Agricultural)
W A (Agricultural)
N0V 2 1 1994
I
pOMMENTS: r-_ _ ( )i $411%,%/ eve-÷9-60---cited/LeY`Gf�- /itliel`� "v'�
tG.ot is o a bin` eoy ai�� u'U°T�iI `
iow
Arivw — wev_l a- dL, a wll ` wc,R 3 /7 ,--
*ftn vin y_ a
9506S3
5 4
LAND -USE APPLICATION
SUMMARY SHEET
November 28, 1994
CASE NUMBER: SCH-13
NAME: Martin Brothers Partnership
ADDRESS: 147 Denver Avenue
Fort Lupton, Colorado, 80621
REQUEST: Substantial Change Hearing
LEGAL DESCRIPTION: Part of the SW4 and Part
Range 66 West
LOCATION: Approximately 3/4 miles south of Weld
west of Weld County Road 37
SIZE OF PARCEL: 195.47 More or less
of the NW4 of Section 12, Township 1 North,
County Road 12 and approximately 3/4 miles
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of the Substantial Change Hearing is listed in the Weld County
Administrative Manual. A copy of the appropriate section is included with this Land Use Summary.
The Department of Planning Services' staff has received responses from the following agencies:
Farmers Reservoir and Irrigation Company
Weld County Publics Works
The Department of Planning Services' staff has received no objections from surrounding property
owners.
9506G3
4,141
WI�Dc
COLORADO
November 17, 1994
Martin Brothers Partnership
Attention: John Martin
147 South Denver Avenue
Fort Lupton , Colorado, 80621
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303) 351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: SCH-13 Request for a Substantial Change Hearing on a parcel of land described as part of the
SW4 and part of the NW4 of Section 12, TIN, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. Martin:
Thank you for your application for the Substantial Change Hearing. The application is not complete at
this time because the $180.00 application fee has not been paid. I have scheduled a meeting with the
Weld County Planning Commission on Tuesday December 6, 1994 at 1:30 p.m. to consider your
application for a Substantial Change. This meeting will be continued to a later date if the application fee
of $180.00 is not submitted to our office by noon on November 22, 1994.
The Planning Commission meeting will take place in the County Commissioners' Hearing room, first
floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you
or a representative be in attendance to answer any questions that the Planning Commission might have
with respect to your application.
The Department of Planning Services' Staff will make a recommendation concerning this application to
the Planning Commissioners. It is the Responsibility of the applicant to call the Department of Planning
Services' office a few days before the date of the Planning Commission hearing to obtain the
recommendation.
If you have any questions concerning this matter, Please call or write me.
Sincerely
u
rent Planner II
SERVICE, TEAMWORK, INTEGRITY, QUALM(
9506:33
POLICIES AND ? R O C E D U R E S
SECTION GENERAL ADMINISTRATION
APPLICATIONS FOR LAND -USE MATTERS
SUBJECT FOR PROPERTY PREVIOUSLY DENIED
COLORADO DATE June 6, 1994 PAGE 59
APPLICATIONS FOR LAND -USE MATTERS FOR PROPERTY PREVIOUSLY DENIED
1. Neither an applicant nor his successors in interest in property for which
a land -use application was denied within the preceding five (5) years may
submit a land -use application or request a rehearing on a previously
submitted application for any portion of the property contained in the
original application unless the Board of County Commissioners has
determined that, based upon a showing by the applicant, there has been a
substantial change in the facts and circumstances regarding the
application or that there is newly discovered evidence that the applicant
could not have discovered with diligent effort at the time of the original
application.
2. "Substantial change in facts and circumstances" shall mean a substantial
change in the land -use application, in the surrounding land -uses or in
applicable provisions of the law.
3. A petition requesting rehearing on an application or permission to file
another application for property previously denied a land -use permit shall
be submitted to the Department of Planning Services for processing. The
Department shall schedule a substantial change hearing before the Planning
Commission or Board of County Commissioners. Land -use applications
originally heard by only the Board of County Commissioners shall be
scheduled before the board only. The Planning Commission shall consider
the rehearing petition only if it considered the original land -use
application. It shall review the petition and any supporting information.
The Planning Commission shall consider whether the applicant has
demonstrated that a substantial change in the facts or circumstances have
occurred subsequent to the board's decision or that there was newly
discovered evidence that the applicant could not have discovered with
diligent effort at the time of the original application. The Planning
Commission shall make a written recommendation of its findings to the
Board of County Commissioners.
4. Legal notice of a substantial change hearing shall be published according
to the method of publication for the original hearing. If originally
heard before the Planning Commission, the Department of Planning Services
shall be responsible for publication. If originally heard before the
Board of County Commissioners, the Clerk to the Board shall be responsible
for publication.
9506S3
POLICIES AND PROCEDURES
SECTION GENERAL ADMINISTRATION
APPLICATIONS FOR LAND -USE MATTERS
SUBJECT FOR PROPERTY PREVIOUSLY DENIED
COLORADO DATE June 6, 1994
PAGE 60
5. Notice of the substantial change hearing and the public hearing date shall
be provided to owners of property located within five hundred (500) feet
of the parcel under consideration and owners and lessees of the mineral
estate on or under the parcel under consideration. The notification shall
be mailed, first class, not less than ten (10) days before the scheduled
public hearing. Similar notice shall also be provided any agency, body,
or group who received a referral request from the Department of Planning
services on the original application. Notice will not be sent to property
owners concerning land use matters, such as recorded exemptions, which
were not sent when the original case was heard.
6. The Board of County Commissioners shall hold a substantial change hearing
after the legal notice and notices to property owner, mineral owners and
lessees, and referral agencies identified in 4 and 5 have been completed.
The legal notice and notification shall be done at least ten (10) days
prior to the board's hearing.
7. The Board of County Commissioners may grant such a petition when it
determines that the applicant has demonstrated that a substantial change
in the facts or circumstances have occurred subsequent to the board's
decision or that there was newly discovered evidence not available to the
applicant at the time the board considered the application. The board may
deny the petition solely upon the contents of the petition or when deemed
advisable by the board that the applicant has failed to demonstrate that
a substantial change in the facts or circumstances have occurred
subsequent to the board's decision or that there. was newly discovered
evidence that the applicant could not have discovered with diligent effort
at the time of the original application. The board shall consider the
applicant's rehearing petition, the Planning Commission's recommendation,
oral testimony at the public hearings, written related information, and
any other relevant material in making its decision.
8. When the Board of County Commissioners grants a rehearing petition, the
applicant may file a new application with the Department of Planning
Services. The application shall be processed in accordance with the
requirements of the Weld County Zoning Ordinance or Weld County
Subdivision Regulations.
9. No petition for rehearing may be granted where the decision of the board
of County Commissioners on a land -use application has been appealed or
contested in any court of law, during the pendency of the court action.
950633.
APPLICATIONS FOR LAND -USE FOR PROPERTY PREVIOUSLY DENIED
1. Neither an applicant nor his successors in interest in property for
which a land -use application was denied within the preceding five (5)
years may submit a land -use application or request a rehearing on a
previously submitted application for any portion of the property
contained in the original application unless the Board of County
Commissioners has determined that, based upon a showing by the
applicant, there has been a substantial change in the facts and
circumstances regarding the application or that there is newly
discovered evidence that the applicant could not have discovered with
diligent effort at the time of the original application.
2. "Substantial change in facts and circumstances" shall mean a substantial
change in the land -use application, in the surrounding land -uses or in
applicable provisions of the law.
3. A petition requesting rehearing on an application or permission to file
another application for property previously denied a land -use permit
shall be submitted to the Department of Planning Services for
processing. The Department shall schedule a substantial change hearing
before the Planning Commission or the Board of County Commissioners.
Land -use applications originally heard by only the Board of County
Commissioners shall be scheduled before the Board only. The Planning
Commission shall consider the.rehearing petition only if it considered
the original land -use application. It shall review the petition and any
supporting information. The Planning Commission shall consider whether
the applicant has demonstrated that a substantial change in the facts or
circumstances have occurred subsequent to the Board's decision or that
there was newly discovered evidence that the applicant could not have
discovered with diligent effort at the time of the original application.
The Planning Commission shall make a written recommendation of its
findings to the Board of County Commissioners.
4. Legal notice of a substantial change hearing shall be published once in
the newspaper designated by the Board of County Commissioners for
publication of notices. The date of publication shall be at least ten
(10) days prior to the Planning Commission hearing.
5. Notice of the substantial change hearing and the public hearing date
shall be provided to owners of property located within five hundred
(500) feet of the parcel under consideration and owners and lessees of
the mineral estate on or under the parcel under consideration. The
notification shall be mailed, first class, not less than ten (10) days
before the scheduled public hearing. Similar notice shall also be
provided any agency, body, or group who received a referral request from
the Department of Planning services on the original application.
6. The Board of County Commissioners shall hold a substantial change
hearing after the legal notice and notices to property owner, mineral
owners and lessees, and referral agencies identified in 4 and 5 have
been completed. The legal notice and notification shall be done at
least ten (10) days prior to the Board's hearing.
7. The Board of County Commissioners may grant such a petition when it
6
9506 a
determines that the applicant has demonstrated that a substantial change
in the facts or circumstances have occurred subsequent to the Board's
decision or that there was newly discovered evidence not available to
the applicant at the time the Board considered the application. The
Board may deny the petition solely upon the contents of the petition or
when deemed advisable by the Board that the applicant has failed to
demonstrate that a substantial change in the facts or circumstances have
occurred subsequent to the Board's decision or that there was newly
discovered evidence that the applicant could not have discovered with
diligent effort at the time of the original application. The Board
shall consider the applicant's rehearing petition, the Planning
Commission's recommendation, oral testimony at the public hearings,
written related information, and any other relevant material in making
its decision.
8. When the Board of County Commissioners grants a rehearing petition, the
applicant may file a new application with the Department of Planning
Services. The application shall be processed in accordance with the
requirements of the Weld County Zoning Ordinance or Weld County
Subdivision Regulations.
9. No petition for rehearing may be granted where the decision of the Board
of County Commissioners on a land -use application has been appealed or
contested in any court of law, during the pendency of the court action.
7
9306s3
O TELEPHONE
NAME:
ADDRESS:
TYPE OF INQUIRY
WELD COUNTY r '4RTMENT OF PLANNING SERVICES' r "ZEN INQUIRY FORM
1400\ .TH. 17TH AVENUE, GREELEY, COLL._,�0 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
/3//,'7
OFFICE FIRST INQUIRY? 0 YES
L3;// (L (A
NO DATE:
PHONE #:
❑ MHZP
❑ ZPMH
O RE
O AMENDED RE
❑ SE
❑ AMENDED SE
O SITE PLAN REVIEW
REZONING
❑ PUD SKETCH PLAN
O PUD DISTRICT
O PUD FINAL PLAT
O SKETCH PLAN
O PRELIMINARY PLAN
❑ FINAL PLAT
❑ RESUBDIVISION
❑ FHDP
❑ GHDP
❑ USR
O AMENDED USR
❑ USR MINING
❑ USR MAJOR FACILITY
❑ USR DISPOSAL SITE
MINOR SUB SKETCH PLAN
MINOR SUB FINAL PLAT
ZONING
ADDRESSING
BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
PERSONNEL
❑ Keith Schuett 0 Todd Hodges
O Sharon White 0 Barry Kramer 0 Chuck Cunliffe ❑
ITEMS DISCUSSED:
(--
AVAILABLE OPTIONS:
Greg Thompson 0 Gloria Dunn
Gv Z -
f /.x 1/ x /Ll XZeJ ()s4-
512/ls f
CONCERNS:
v f�
21,7±1,41) /11-6.re;
ACTION TO BE TAKEN:
(7,
�s�
„7%d'u`�t� l./i.....M.✓ O'er 7,4-07(
J(,
Time spent
Staff Member's Initials
_e -
9506S3
FORM
WELD COUNTY r RTMENT OF PLANNING SERVICES' C ZEN INQUIRY
1400 ,,TH. 17TH AVENUE, GREELEY, COLD,..._ ) 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
❑ TELEPHONE ,"'OFFICE FIRST INQUIRY? 0 YES
l� (-4115
NAME:
ADDRESS:
TYPE OF INQUIRY
NO
DATE:
PHONE 4:
7/97
❑ MHZP
❑ ZPMH
❑ RE
❑ AMENDED RE
❑ SE
❑ AMENDED SE
❑ SITE PLAN REVIEW
REZONING
❑ PUD SKETCH PLAN
❑ PUD DISTRICT
❑ PUD FINAL PLAT
PERSONNEL
❑ Keith Schuett
❑ Sharon White
ITEMS DISCUSSED: A/ Ilk-- Poi _1.y fop
fio FP
3z -1-2y (0%. AV s s.
SKETCH PLAN
PRELIMINARY PLAN
FINAL PLAT
RESUBDIVISION
FHDP
GHDP
USR
AMENDED USR
USR MINING
USR MAJOR FACILITY
USR DISPOSAL SITE
Greg Thompson 0 Gloria Dunn
0 Barry Kramer 0 Chuck Cunliffe
MINOR SUB SKETCH PLAN
MINOR SUB FINAL PLAT
ZONING
ADDRESSING
BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
❑ Todd Hodges
AVAILABLE OPTIONS:
CONCERNS: C/4 /4)d -6 /*sit"-ct
ACTIO TO BE TAKEN:
oThr
FPM /44;)(/-) .i)
`S 7,‘„u•-'6
Time spent Staff Member's Initials
9506S, 3 -
CITIZEN INQUIRY FORM
❑ TELEPHONE OFFICE FIRST INQUIRY? 0 YES NO DATE
NAME: \ )04'
ADDRESS:
PHONE #
TYPE OF INQUIRY
❑ MHZP
❑ ZPMH
❑ RE
O AMENDED RE
❑ SE
O SPR
O COZ
PUD SKETCH PLAN
❑ PUD DISTRICT
O PUD FINAL PLAT
PERSONNEL
❑ Keith Schuett
0 Sharon White
ITEMS DISCUSSED:
❑ SKETCH PLAN
❑ PRELIMINARY PLAN
❑ FINAL PLAT
O RESUBDIVISION
O FHDP
❑ GHDP
❑ USR
O AMENDED USR
❑ USR MINING
❑ USR MAJOR FACILITY
D USR DISPOSAL SITE
0
0
o
0
Greg Thompson 0 Gloria Dunn
❑ Barry Kramer 0 Chuck Cunlif£e
CUD — Pu41,^c f (t
� 5 /
AVAILABLE OPTIONS:
0
ZONING
ADDRESSING
BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
i /4
0 Todd Hodges Vr
0
11:)Y- /(1'64i'ilej)0
c,e 5c
sws�
/ f 9 �r�� 6"1
°6•1+4- i0 -1S fv'
for �S f Q'�—
- Zor- P)
'o
to
r
165
!n v
e,v,z.�S
CONCERNS: , / - //'' 11
Ur �i`�'"'�• �e M fr -9 oc.C f�/ ! Z f)1 5` 355
P(-' "‘;PoO
ACTION TO BE TAKEN: G,,. /9O0 •-, ` ' _L-- 24L --
1)()L")
i)kidtil\41•4- •
Staff Member's Initia
CITIZEN INQUIRY FORM
, 'TELEPHONE
1� NAME:
ADDRESS:
0 OFFICE
FIRST INQUIRY? 0 YES
T.�
Na DATE
PHONE # l 7- LJ ('t:iD
TYPE OF INQUIRY
❑ MHZP
O ZPMH
❑ RE
O AMENDED RE
O SE
❑ SPR
O COZ
O PUD SKETCH PLAN
❑ PUD DISTRICT
O PUD FINAL PLAT
PERSONNEL
O SKETCH PLAN
❑ PRELIMINARY PLAN
O FINAL PLAT
O RESUBDIVISION
O FHDP
❑ CHOP
O USR
❑ AMENDED USR
O USR MINING
O USR MAJOR FACILITY
O .,USR...DISPOSAL .SITE
O Keith Schuett ,X Greg Thompson
O Sharon White 0 Barry Kramer
ITEMS DISCUSSED: I, -Al
(z.: / I -EA&)(A)c- 511-41/‘
-
AVAILABLE OPTIONS:
if
t a/M 1 i/
0
0
0
0
0
❑
0
0
ZONING
ADDRESSING
BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
❑ Gloria Dunn 0 Todd Hodges
❑ Chuck Cunliffe 0
P 5 -fi..L
CONCERNS:
ACTION TO BE TAKEN:
Staff Member's Initials (57-
9506S3
COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
April 20, 1994
John T. Martin
Martin Brothers Partnership
147 S. Denver Avenue
Fort Lupton, CO 80621
Subject: S-355 - Planned Unit Development (PUD) Sketch Plan application
located in part of the SW4 and part of the NW4 of Section 12, T1N,
R66Wof.the 6th P. M., Weld County, Colorado.
Dear Mr. Martin:
The Department of Planning Services' staff has completed a review of the 34 lot
rural residential Planned Unit Development Sketch Plan. The sketch plan area
consists of approximately 200 acres, more or less. Copies of the following
referral agencies' comments are enclosed: Weld County Engineering Department,
City of Fort Lupton, Weld RE -8 School District, Farmers Reservoir and Irrigation
Company, Fort Lupton Fire Department, Weld County Health Department, and the Weld
County Sheriff's Department, Colorado Oil and Gas Conservation Commission,
Colorado Office of the State Engineer, and the Platte Valley Soil Conservation
District.
The Department of Planning Services' staff has the following comments:
1. The PUD Sketch Plan does not appear to meet the Weld County Comprehensive
Plan's Agricultural, Urban Growth Boundary, Planned Unit Development and
Transportation Goals and Policies.
A. Agricultural Policy #1 suggests agricultural uses should be done in
an orderly manner, and Agricultural Policy #3 indicates conversion
of agricultural land should be completed in an orderly manner, and
Agricultural Goal #4 suggests residential uses should be encouraged
to locate in existing incorporated municipalities. The proposed
Planned Unit Development will remove prime agricultural land,
totaling approximately 100 acres from production, and is not within
or adjacent to a municipality. Therefore, this proposal is
inconsistent with the Agricultural Section of the Weld County
Comprehensive Plan.
B. Urban Growth Boundary Policy #1 indicates land -use development
proposals within an urban growth boundary shall be encouraged so
long as they conform to the desires of the municipality as expressed
in its comprehensive plan or by its land -use decision making body
and if the municipality has agreed to provide services. Fort Lupton
is not providing any services. You may wish to meet with Fort
Lupton officials to determine if the City is willing and able to
provide services.
950693
John T. Martin, 5-355
April 20, 1994
Page 2
C. Planned Unit Development Policy #4.C. states, "A planned unit
development which includes a residential use shall provide common
open -space free of buildings, streets, driveways or parking areas.
The common open -space shall be designed and located to be easily
accessible to all the residents of the project and usable for open -
space and recreation..." This sketch plan does not include any
open -space, and is inconsistent with this portion of the
Comprehensive Plan.
D. The first Transportation Policy requires that all roads are adequate
in width, structural capacity, and classification to meet the
traffic demands dictated by any development. At the present time,
there is no public access to the proposed Planned Unit Development.
? The intent of the Planned .Unit. Development is to allow an alternative
means for property owners to apply flexibility in developing their land
which may not be possible under the normal application of the Zoning and
Subdivision Ordinances. The sketch plan proposed could potentially be
consistent with Estate zoning. A change of zone to Estate should be
considered, since elements of the application are similar to this type of
zoning.
3. Section 35.3.3 of the Weld County Zoning Ordinance states, "A PUD District
shall be serviced by an adequate water and sewer system." A PIJD with
residential uses shall be served with a public water system." The
application could not be considered until a public water supply is
available to the site.
The following issues need to be addressed if you propose continuing with the PUD
District application:
Since Weld County Roads 35 and 10 do not exist at this site, rights -of -way
may need to be obtained by the applicant to allow for the construction of
these roads.
This development needs to be compatible with existing surrounding land
uses, including a brine water facility, pasture, dryland crops, and rural
residences.
Common open space needs to:
A. Be provided.
B. Be owned and maintained in perpetuity by an organization established
solely for such ownership and maintenance purposes.
C. Be indicated as to size and type.
The site shall be served by an adequate public water supply.
Clarify what uses will be permitted on lot 1A.
Indicate legal access is available to the site
9S.O6S3
John T. Martin, S-355
April 20, 1994
Page 3
Indicate how this proposal is consistent with the Weld County
Comprehensive Plan.
Indicate how potential conflicts between the proposed uses within the PUD
and the Speer Canal will be addressed.
According to the Weld County Coal Resources map which is included with the
Weld County Comprehensive Plan, this site is underlain by strippable coal
resources. Provide information which addresses the availability of this
resource. The Colorado Geological Survey will review the information
submitted.
According to the Weld County Sand, Gravel Resources map which accompanies
the Weld County Comprehensive Plan, this site has Eolian sand deposits.
Provide information which addresses the availability of this resource.
The. Colorado Geological Survey will review the information submitted.
Clarify if, or where, oil and gas interest owners and lessees will have
access to any underlying reserves. If no oil and gas development is
allowed, then demonstrate you own the mineral rights.
Section 10.5 of the Subdivision Ordinance should be reviewed to determine
appropriate easements.
Clarify how the design and construction of local roads and streets will be
abletoovercome moderate limitations of the underlying soils.
Indicate what aspects about this proposal are unique or flexible to
utilize the PUD process.
Indicate if any abandoned and plugged oil and gas wells exist on the
property. If any plugged wells do exist on the property, note their
location on the plat. -
If you decide to proceed with the PUD process, the next step is to apply for a
Change of Zone to PUD District. The PUD District procedure is explained in
Section 28.5 of the Weld County Zoning Ordinance. As part of the PUD District
application, the application materials shall include information addressing the
concerns expressed by:
A. Donald Carroll, Weld County Engineering Department, in his referral
response of March 25, 1994.
B. James E. Meyer, City of Fort Lupton Representative, in his referral
response of March 23, 1994.
C. Manuel Montoya, Farmers Reservoir and Irrigation Company, in his referral
response of March 7, 1994.
D. Jeff Stoll, Weld County Health Department, in his referral response of
March 11, 1994.
E. Robert Van Sickle, Colorado Oil and Gas Conservation Commission, in his
referral response of April 12, 1994.
9506r33 3
John T. Martin, S-355
April 20, 1994
Page 4
F. Purushottam Dass, Colorado Office of the State Engineer, in his referral
response of April 5, 1994.
G. Ralph Campbell, Platte Valley Soil Conservation District in his referral
response dated March 16, 1994.
The sketch plan comments and agency responses are not intended to be all
inclusive. Other concerns may arise during the Planned Unit Development Change
of Zone and Planned Unit Development Plan application processes. A separate fee
will be charged by the Colorado Geological Survey to review the next application.
Their fee is $390.00. Please include a check for the fee made out to the
Colorado Geological Survey with the next application submittal.
I would recommend that you review the enclosed materials and then call to
schedule an appointment with me so I may reserve a sufficient amount of time to
meet with you. The putpose of•rnsr meeting Mill be to familiarize you with the
PUD change of zone procedures and discuss any problems or concerns identified in
this letter.
Sincerely,
cHti
Greg Thompson
Current Planner
enclosures
9506s3
Martin Brothers Partnership
147 South Denver Avenue
Fort Lupton, CO 80621
(303) 857-4800
November 14, 1994
Mr. Chuck Cunliffe, Director
Weld County Department of Planning Services
1400 17th Avenue
Greeley, CO 80631
RE: Hearing on Martin Brothers Estates application
Dear Mr. Cunliffe:
At the hearing before the Weld County Board of Commissioners on September 7, 1994,
our plan to use individual wells did not meet the "Public Water System" requirement set forth in
the Weld County Comprehensive plan.
A new plan has been proposed by our engineers, W. R. C., Inc. of Denver, and discussed
with Lee Morrison, assistant County attorney, whose opinion was that the changes met the
requirement. The proposal is as follows:
The system will consist of a series of wells throughout the development,
each accommodating several dwellings on each well. The wells in turn will be
piped together to guarantee adequate flow. A Homeowners Association will be
created in accordance with the Colorado Common Interest Ownership Act. The
Association would have powers to transmit, store, treat, collect and distribute
water. It will also have powers to build, maintain and operate the system. It is the
opinion of W. R. C. Engineers, experienced in designing and building similar
systems, that this would be more than adequate to serve this subdivision at an
affordable cost to the homeowners.
We feel that this plan is a substantial change from our original plan of individual wells and
will meet Weld County's Comprehensive Plan.
Thank you for considering our request.
Sincerely,
At,i
.�
John T. Martin
Enclosure
it' N0V + 7 1994 J
9506S3
Hello