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HomeMy WebLinkAbout951283.tiff1435 WCR 16 1/2 Longmont, CO 80504 (303) 772-1297 0DQDO eek C?" RANCH CI5 7710 WCR 5 Longmont, CO 80504 (303) 651-1857 CLERK TO THE May 17, 1995 Weld County Commissioners 915 10th St. Greeley, Colo. 80631 Dear Commissioners; Today is the final hearing on development of a piece of property that has been turned down twice by the Weld County Planning Commis- sion, and twice by the Tri-Area Planning Commission. While it is now presented in the form of a PUD (Planned Unit Development), it is still the same property, and will have the same effects on the surrounding areas. We still have many questions that might not fall under the PUD's guidelines, but we feel they are legitimate and should be considered regarding this property. We would appreciate your utmost attention. I lines, IS itereally gwithin the lUrban Growth icant has lBoundarieseoflowed proprPWelduide County? —(See Exhibit A notes from the Tri-Area Planning Commission dated June 7, 1994 addressed to the Weld County Planning Commission), it is not. It will be stated from you that now this has no effect on the issue because it is a PUD application. Shouldn't the guide- lines for a PUD applicant take into consideration the growth concerns of other adjacent municipalities? (See Exhibit B - which is a copy of the August 24, 1994 Farmer & Miner stating the urban growth boundaries of Frederick not wishing to go futher west than Weld County Road'►). Commissioners Hall & Kirkmeyer were present at that meeting. Also see Exhibit C which is an article from the Longmont Daily Times Call dated April 27, 1995 on the concerns of the Del Camino Mixed Use Development plan which is just approximately one mile south of this area's proposed development. Also, refer to Exhibit D, which was on Page 2 of the September 21, 1993 report from the Planning Service's Staff that this proposal be denied. This paragraph reads as follows: "It is the opinion of the Department of Planning Services that the approval of this request will encourage "leapfrog" or noncontiguous development and, futher, that the applicant has not demonstrated that the rezoning proposal conforms with the goals and policies of the Weld County Comprehensive Plan." Even though this was stated prior to the PUD request, the issue of "leapfrog" is very much a concern. We feel that once the 951.29,3 1435 WCR 16 1/2 Longmont, CO 80504 (303) 772-1297 PDC\ MO oak RANCH 7710 WCR 5 Longmont, CO 80504 (303) 651-1857 Page 2 gravel pit to the south of this development is done, the applicant or owners will be most anxious to develop it as well. II. Which brings on another question, does the county have any plans to preserve and protect any types of agricultural operations in S.W. Weld County? While the development in question is not prime agriculture land, it would be good ranch land. What if every property owner in this area were to propose a PUD development? Would they all be accepted if they followed proper guidelines? The PUD process should take this into consideration. Farming & ranching operations cannot remain effective when chopped up into many diverse parcels. III. This particular PUD states that it will accept agriculture operations that now exist with current surrounding property owners. It is our desires to establish a larger cattle -feeding operation, but it is several years away in doing so. (See Exhibit E - which is a picture showing the proximity of our corrals in lower part of picture to that of the lake where the houses are going). In order for us to establish a larger cattle feeding operation, we would need to extend the existing corrals to the West, or the South -- which would be directly across road 34 from the development. If the exisiting property owners of this PUD are gone at the time we wish to do this, what protection do we have that will enable us to expand our operation? Also, while raising or feeding cattle is our ultimate goal, but if it never becomes feasible to do so, would we still be able to work other types of agriculture endeavors -- such as a sheep or hog operation? IV. Is the ssue of Wildlife. While the that theyhavework dwiththeeof DepartmentofhWildlife, I have also visited with Mr. Mark Cousins, Manager of Department of Wildlife in this area. He states to me that their plan was put into effect only if houses HAD to come into the area. The better option for preserving wildlife in the area would be to no houses at all. (See Exhibit F. This shows how the ducks & geese now use the land as well as the lake. Once houses are on this land, will the ducks & geese remember to use the corridors provided between houses as access to the lake? (Also see Exhibit G). This is a picture of a sandhill crane taken on the lake this past month. These birds are very sensitive to humans and noise. Will they continue to come to this lake? 951283 1435 WCR 16 1/2 Longmont, CO 80504 (303) 772-1297 rOnNCD Desk v RANCH Ch5 7710 WCR 5 Longmont, CO 80504 (303) 651-1857 Page 3 V. Last, but by no means least, is the question of floods. (See Exhibit H). This is a picture taken by Doris & Inez Sawdy of the exact parcel (looking south off of the then exisiting bridge), when the property was flooded in June of 1965. Also, see Exhibit I, which was an article in the Longmont Times Call just this past May 9th, stating that the snow -pack and moisture are very similar to that of 1894 when they had the big flood. While this PUD allows building in a flood plain as long as it meets certain criteria, does it really make sense to do so? See Exhibit J, from Judy Yamaguchi when she visited the sight for the Planning Commission in 1993. Her comments were that the soil seems somewhat swampy. What happens to the evapotranspiration septic systems when it floods? These are the concerns we feel that the Commissioners should still consider in addition to the PUD restrictions. We would appreciate our concerns addressed as well even though you contend they might not apply. As the governing board of the county, we urge you to take issue -- and work with municipalties, MUD's, and whatever other terms you might want to give to development proposals. There are too many avenues and directions for developers to contend with. (If one does not work, try another until one does get an approval). There needs to be some way to protect some agriculture endeavors in S.W. Weld County. It needs to be done before it's too late. Again, we thank you for your time. Si arte✓ Ihael`S Shaw Virginia N. Shaw Jeffrey C. Shaw Gregory N. Shaw Enclosures 951.253 ADDITIONAL COMMENTS Jack Olberding, Bill Bedell, John Widerquist, and Terry Henze Z-488 In correspondence dated June 7, 1994, the Tri-Area Planning Commission recommended denial of the PUD change of zone request. Concerns expressed were: 1. "Mini -subdivision" outside of an urban growth boundary area; 2. Septic system impacts on the fluctuating water table at this location; and 3. Incompatibility with surrounding agricultural land uses. The subject parcel is located less than 3 miles from a recent annexation by the Town of Frederick, necessitating referral consideration by the Tri-Area Planning Commission. The Frederick property is presently undeveloped and lies west of Interstate 25. The Town of Frederick proper and remaining Tri-Area community is more than 3 miles from the subject parcel. According to the Weld County Urban Growth Boundary Map, this parcel is not located in a Urban Growth Boundary area. 951283 Volume 69 Number 34 Your hometown newspaper Frederick wants county to respect growth plans Weld County Commissioners ��g,��Dale Hall and Barbara Kirkmeyer aFYMraorwaq�tha,F deric Town Bo rd to explain ow the : u wants to co a PlV1sh drat hire, � By Michael Neilson Editor the two). "We'v Weld County Commission- Taglieni'B''R`5 ers have said they want to work "We can serve this area with utili with the county's cities and towns ties." The mayor said thecriteriafor . in the development of mutually a municipals. °'c acceptable "urban growth bound- ¶ sOide aries." Commissioners Barbara Kirkmeyer and Dale Hall met with "' Taglientealso suggested that >theFrederick Town Board recently any developer locating within a (Thursday, August 11) to announce town's planning area "ought to be that the Weld County Comprehen- encouraged to annex intothat town, sive Plan is being reviewed, and rather than letting the ,county cons that plans can be developed that trol that development."' incorporate the growth interests of Commissioner Kirkmeyer re - each city and town in the county. sponded, "We can encourage it, but Commissioner Hall said this we can't require it." Kirkmeyer ad - cooperation is favored rather than mitted that sometimes "developers. the formation of a three-mile or pit the towns against the county". in half -mile sphere of influence be- promoting their developments. ing formed around each munici- In stressing that the Town of pality. Even if a town isn't able to Frederick wantscontrol of whathap- annex a specific area immediately, pens within itsurban growth bound - but does have a future interest in it, ary, Tagliente said, "We could get the county could direct develop- 30,000 people in that area, and I. ment in that area with a sense of don't think any of us sitting around continuity, Hall indicated. this tablewant30,000people there ." Frederick mayor Ed Tagliente Kirkmeyer and Hall have so referred the visiting commission-.. far taken the county's proposal to ers to the Frederick Comprehen- about 16 of the 31 towns and cities sive Plan, which has been in effect of Weld. The follow-up process for since 1986. Thaturbingrowtifeilla each municipality includes a work - for Frederick fstnderedbrAirl shop session to hammer out an m "County Roed?oe'the wear, .Roeder tergovernmental agreement be 26 on the north, State ligAwa rs2"' tween the town and the county. onthesoutib'end Roads 13 sad 17t Tagliente said Frederick is anxious on *east ('with Road I6 making, to proceed to that step as soon as lb&dog-leg -connection between possible. since 1930 Local school C F F L H a c d tE h t, tl V C 'Back To School Night' is Sept. 9 at Frederick High eward it The reward has been increased ' I to $250 for information leading to I the arrest and.coeviction of the -1 person or persons responsible for I the'damage done to die s Frederick police'patrol!car during the early morning hours of Friday, August At cording' to Frederick Po 1 951.283 THURSDAY, APRIL 27, 1995 DAILY TIMES -CALL '9 '1E"g S_S >°,w f oar G+ m p W L C Y S p N p 4 O% i• O g iv a g E' m 00t i s OD �_. On !0'� a:7 a nA(�:7 .': rmi t. Itoe�E 5d 47 2 4SM $- 50 g h 9Qo9Begss r2.t t s s m 41; o •Mme i ooautocia ea DATE: September 21, 1993 I CASE NUMBER: Z-482 NAME: Martha A. Williams ADDRESS: 8876 Rogers Road, Longmont, CO 80503 REQUEST: Change of Zone from A (Agricultural) to E (Estate). LEGAL DESCRIPTION: The NW4 SW4 of Section 29, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 2 3/4 miles west of the Town of Frederick, south of Weld County Road 16 1/2 and west of Weld County Road 5. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: This proposal is not consistent with the Weld County Comprehensive Plan's goals and policies. This property is located in the A (Agricultural) zone district and is evaluated under the Agricultural and Urban Growth Boundary Goals and Policies. Agricultural goal #4 encourages residential development to locate adjacent to existing incorporated municipalities and in accordance with the municipalities' adopted comprehensive plan .goals and policies. This parcel of ground is located 2.3 miles from the most recent western annexation to the Town of Frederick. The annexation is undeveloped, and the actual core area of Frederick is approximately three miles from the proposed site of rezoning. The Frederick is approximately three miles from the proposed site of rezoning. The Frederick Planning Commission indicated that they have no conflict with the request. However, Jacque Barnett of the Town of Frederick stated that the proposal does not lie within their town growth boundary nor is it included in their comprehensive plan area. The Weld County Urban Growth Boundary map illustrates that the property is not located within any urban growth boundary. Urban Growth Boundary Policy #1 states that land use development proposals within an Urban Growth Boundary shall be encouraged so long �as they conform to the desires of the municipality as exuxess?d in 'its comprehens ze ^tan or by its land use decision -making body and if the municipality has agreed to provide services. The Town of Frederick provides no public services to this site. Left Hand Water District can make water available, and the applicant proposes on -site septic systems for the acreages. Mountain View Fire Protection District (located in Longmont) and Weld County would provide fire protection, road maintenance and police protection, respectively. A change of zone to Estate will increase the demand for urban -type services to this very rural location. 951283 .COMMENDATION, Z-482 Martha A. Williams Page 2 It is the opinion of the Department of Planning Services that the uses which would be allowed on the subject property by granting the change of zone will not be compatible with the surrounding land uses. Neighboring parcels contain a gravel mining operation, and asphalt and gravel facility, oil and gas related equipment and vacant agricultural ground. The surrounding area is very agricultural in nature with only one residence located within 1/4 mile of the site. Rural homeowners do not have certainty about future character of the agricultural districts and are expected to live with those uses allowed by right and by Special Review in the Agricultural district, according to the Comprehensive Plan. It is the opinion of the Department of Planning Services that the approval of this request will encourage "leapfrog" or noncontiguous development and, further, that the applicant has not demonstrated that the rezoning proposal conforms with the goals and policies of the Weld County Comprehensive Plan. 951253 O 5 U A 1'' 4.2 a� .S U O m 2: a, y flhJ1IP!Ih `li6 Lqp�, '1 d-OC 3 $ d uo ���gy oo� m mF i-iScum 4o. mE!0... OJ R`�..m.tate+ tOum 623 3 0 3a .. yn a C O J U. W .gyp •ONod m d C CI., aoi v wa'•r7>�'p ��.+u ��tee.� .C>c 'D Q.CZ dd'7'mL�o. •'a .�Ew ET: �y .Sac ''J_O 7.>'i $ d..G. M20 h� U U �x M W C V L a mp ; A am m �$C d emS 2s. -- /His 3E,�3mESo�d m d•••w�o� s c c y • C W �y �'. a�.' rte. ^J 2i m U o0 .� sue' U Y G Va_4� AW aU.. W..w a+N R �• g 0_sP°II�s° ra.ut ads'° .s A.a$ ��actig a ° E�`°" •o4? X000 a d Qtgi • w4 00 w d �m�+e S $� va a2 gds o� 22M ;4001511g. iwootitai6v->Ig-5 *5- �e•��a S�s�as m eU��Y�' �a Ears 951283 05-10-1995 10:32AM MILLER GROUP LASALLE • 1435 WCR 101/2 Longmont, Cps 80504 (303) 772-12,7 0DQao itek v RANCH Weld County Commissioners 9l51 10th St. Gretley, Colo. Dear Sirs: • 1 4153589530 P.01 771QWR5 Longmont,•CQ 8 504 4303j 651- 857 MayJ10, 1995, i •I We wish to inform you that we would like to'have a couttj reporter present at the May 17th heating for a Site Development Plan and Planned Unit Development for Continental View Ponds. We have checked with your reporter, and they quoted price of ,$25.Q0/per hr, of which we are willing to assume costs. * nkk ou, iclaelS. $haw Virginia N. Shaw *Itlis our understanding that we do not have to take the transdri ti; if We do not want it after the hearing. Lb -40u NA-pkvfm: MAY 10 '95 11:44 ) cykdb,I f C- ce : ice (LLD) 1 -4153569530 951283 Hello