HomeMy WebLinkAbout991763.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Mark and Jackie Eberl Case Number Z-525
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 Letter to Applicant X
5 Legal Notification X
6 Application X
7 Referral Letter X
8 Referral List X
9 Code Enforcement referral response X
10 Little Thompson Water District referral response X
11 Weld County Public Works referral response X:
12 Town of Mead referral response X
13 St. Vrain Valley School District referral response X
14 Mountain View Fire Protection District referral response X
15 Weld County health Department referral response X
16 Maps X
17 Deed X
18 Surrounding Property Owners X
19 Soil Survey X
20. McDonough letter from Hempen x
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991763
I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at
t" or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
J91, &7
Ben Patton ❖ Current Planner
STATE OF COLORADO )
COUNTY OF WELD )SUBSCRIBED and SWORN TO BEFORE ME THIS II day of 7 19 7/�a/.
SEAL . w Ui! kinVy/lGl�l� 71. �
NOTARY PUBLIC
MY COMMISSION EXPIRES doP - V� aooa
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friOattg CHANGE OF ZONE
t mac. ADMINISTRATIVE RECOMMENDATION
C"®E^RADO
CASE NUMBER: Z-525
PLANNER: Ben Patton
APPLICANT: Eden's Reserve/Mark and Jackie Eberl
ADDRESS: P.O. Box 668, Mead, Colorado 80542
REQUEST: Change of Zone from Agricultural to PUD for 9 lots with Agricultural and Estate uses
LEGAL DESCRIPTION: Part of the NE4 of Section 21, T3N, R68W of the 6th P.M., Weld County,
Colorado
ACRES: 108.918 PARCEL# 1207 21 100029
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
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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) The Goals and Policies of the Weld County Comprehensive Plan do not support the
approval of urban scale development outside of Urban Growth Boundary areas or
areas served by urban infrastructure. A.Policy 3 specifies, "Conversion of
agricultural land to urban-scale residential...development will be discouraged when
the subject site is located outside of an approved Intergovernmental Agreement
area, urban growth boundary area...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." UGB.Goal 2 also states,
"Concentrate urban development in or adjacent to existing municipalities...and
maintain urban growth boundary areas that provide an official designation between
future urban and non-urban uses." Although the proposal is located adjacent tot he
Town of Mead's incorporated boundary, urban services do not exist at this location
and it is not the Town's Urban Growth Boundary area. The intent of this goal is to
encourage urban scale development to occur where urban scale infrastructure is
available as specified in R.Policy 3 which states, "Weld County should encourage
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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." 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 area as defined in A.Policy 3.
Therefore, the proposal does not comply with A.Policy 3, UGB Goal 2 or 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 the 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 application proposes urban scale development without
urban infrastructure, the proposed land uses would be consistent with the adjacent Hunter's
Ridge subdivision developed by the Town of Mead. 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 did indicate concerns with groundwater conditions and
shallow bedrock.
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 proposal is located within the three-mile referral area
of the Town of Mead. A sketch plan referral response from the Town of Mead states that
"...this proposal conflicts with our interests" but also states that "this development would
complement the existing Town and would provide continuity in planning and regulating the
/^ development of land." Given the Town's desire for the proposal to annex to Mead, the
Department of Planning Services' sketch plan comments encouraged the applicant to work
with the Town toward annexation and future connection to their sanitary sewer system as
requested in the Town's referral response. The proposed density is consistent with that of
Hunter's Ridge which contains 20 one acre lots. The proposal is surrounded on the north,
south and west by agricultural uses. Staff would require that the Right to Farm covenant be
placed on the plat.
D. Section 6.4.3.1.4- That the PUD Zone District shall be serviced be 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.
Public water is proposed to be supplied by Little Thompson Water District and the application
materials include a conditional service commitment letter. However, the Colorado Division
of Water Resources state in their sketch plan referral that "pursuant to Section 30-28-
136(1)(h)(II), it is our opinion that the [Little Thompson Water] District has not submitted
sufficient evidence documenting that the proposed water supply can be provided without
causing injury to existing water rights."
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's referral comments indicate conditional approval of the application. Public
Works has requested that dust suppressant and provision for street grading for the internal
road be assured through the Improvement's Agreement, and that the typical road cross-
section be placed on the plat.
/".` 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 MUQ Ordinance, if applicable.
This shall be shown by submitting, wititthe 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 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.
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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.
H. Section 6.4.3.1.8 - Consistency exists between the proposed zone district(s), USES, the
Specific or Conceptual Development Guide. Lot 9, the 63.162 acre southernmost lot is
proposed to allow for Agricultural zoneidistrict uses, which is consistent with surrounding
Agriculturally-zoned land to the north,south, and west. Proposed lot sizes for the Estate-
zoned lots within this PUD are consistent with surrounding residential properties to the east.
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.
Should the Planning Commission determine that this Change of Zone application meets the intent of the Weld
County Comprehensive Plan and Planned Unit Development Ordinance#197, the Department of Planning
Services recommends the attached Conditions of Approval and Development Standards be included.
If approved,the PUD Change of Zone is conditional upon the following:
1. In accordance with Section 6.1 of the Weld County Planned Unit Development Ordinance (Ordinance
197), information provided by the applicant in the Development Guide has been used to evaluate
compliance of the proposal with the Comprehensive Plan and other applicable Ordinances. The
Department of Planning Services has reviewed and determined that the application is not in
compliance with the Comprehensive Plan and other applicable Ordinances and therefore requires
additional review of the Final Plan by the Board of County Commissioners at a public hearing.
2. 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.
3. The PUD Final Plan application shall adhere to all regulations and requirements as outlined in PUD
Ordinance#197.
4. Prior to recording the Change of Zone plat:
A. The applicant shall submit evidence to the Department of Planning Services from the
Colorado Division of Water Resources that all requirements ofUthe Division are satisfied.
(Department of Planning Services) jnl,,,
B. The Change of Zone plat shall meet all requirements of Section 9.2 of the PUD Ordinance
#197 and shall delineate the following information:
l 1) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Department of Planning Services)
2) The name of the street, which shall not conflict with any other street within the
particular U.S. Postal area. (Department of Planning Services)
3) The typical internal road cross-section which identifies width and depth of asphalt and
base or full-depth asphalt, lane widths, and shoulder. (Public Works)
C. The Change of Zone Plat shall be amended to delineate the following:
1) A total of two septic system envelopes on each lot within the PUD.
D. The following notes shall be delineated on the Change of Zone plat:
1) The PUD shall consist of eight(8),Estate-zoned lots, one (1)Agriculturally-zoned lot,
and non-buildable common open space. The Change of Zone allows for Estate uses
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). (Department of Planning Services)
2) Water service shall be provided by the Little Thompson Water District. The applicant
shall submit evidence to the Department of Planning Services from the Little
Thompson Water District which indicates that all requirements of the District are
satisfied. (Department of Planning Services, Health Department)
3) A Weld County Septic Permit is required for each proposed septic system and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Health Department)
4) Each septic system shall be designed for site-specific conditions that include, but are
not limited to, maximum seasonal groundwater, poor soils, and shallow bedrock.
(Health Dept.)
5) All portions of any septic system in the development shall be installed a minimum of
200 feet(200') from Logan Reservoir. (Health Dept.)
6) The site shall be developed in accordance with the recommendations contained in
the Geological and Mineral Evaluation prepared by Foundation and Soils
Engineering, March 1998. (Department of Planning Services)
7) Any signage located on the property shall require building permits and adhere to
Section 6.3.6.3 of the Weld County PUD Ordinance. (Department of Planning
Services)
8) The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Weld County Heath Department, and the Weld
County Department of Planning Services)
9) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Department of Planning Services)
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10) Outdoor storage shall be screened from public rights of way, and adjacent
r,.es properties. (Department 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 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 approvalof 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. (Department of
Planning Services)
5. Prior to 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 32. (Weld County Public Works)
B. Foundations shall be engineered on each separate building site. (Weld County
Building Inspection)
6. The Final Plan application shall include afinal Improvements Agreement in accordance with
Sections 12 and 13 of the Weld County Subdivision Ordinance. The Improvements
Agreement shall address streets and landscaping of the common open space. In addition,
the Improvements Agreement shall include provision for adequate dust suppressant at least
twice a year for that portion of WCR 32 which fronts the proposed PUD. (Dept. Of Planning
Services, Public Works)
7. The Final Plan application shall include draft covenants which address the following:
A. Prohibition of development, landscaping, etc. on the designated septic system leach
fields in accordance with the Weld County Health Department referral. The
covenants shall also restrict building activity on the unused septic envelope on each
lot.
B. Maximum dwelling size and lot coverage. This item is not addressed by Section 4.3
of the covenants submitted in the application materials.
C. The Right to Farm covenant contained it the Weld County Comprehensive Plan shall
be included within the covenants.
8. The Final Plan application shall address all concerns of the Mountain View Fire Protection
District. (Department of Planning Services)
9. Approval of this Change of Zone may create a vested property right pursuant to Section 90
of the Weld County Zoning Ordinance, as amended. (Department of Planning Services)
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I^ DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
Phone (970)353=6100, Ext. 3540
Fax (9T0) 3524312
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COL®'AI®!O February 21, 1999
Mark & Jackie Eberl
P.O. Box 668
Mead, Colorado 80542
RE: S-485/Eden's Reserve PUD Sketch Plan for 9 residential lots on 108.918 acres
Legal: Part of the NE1/4 of Section 21, T3N, R68W of the 6th P.M:
Water: Little Thompson County Water District
Sewage Disposal: Proposed Individual Septic Systems •
Dear Mr. & Mrs. Eberl:
The Department of Planning Services' staff and various referral agencies have reviewed your
Sketch Plan application for the proposed Eden's Reserve Planned Unit Development (PUD).
The Sketch Plan comments are intended to provide direction to the applicant concerning a
specific submittal. It is not the intent of these comments to approve or deny an application,
rather to indicate areas of compatibility and possible contradiction to accepted County policies
and regulations. Therefore, the four documents utilized in this determination are the Weld
County Comprehensive Plan, Subdivision Ordinance, Zoning Ordinance and PUD Ordinance.
The Sketch Plan comments and referral agency responses may not be all inclusive, as other
concerns or issues may arise during the remailniing application processes.
Copies of the following referral agency comments are enclosed:
• Weld County Building Inspection Department 1/18/99
• Weld County Code Enforcement 1/15/99
• Weld County Public Works Department 2/8/99
• Weld County Health Department 2/8/99
• Colorado Geological Survey 2/10/99
• Colorado Division of Water Resources 2/1/99
• St. Vrain Valley School District RE-1J 1/29/99
• Highland Ditch Company 1/29/99
• U.S. Army Corps of Engineers 1/20/99
• Mountain View Fire Protection District 1/22/99
• Town of Mead 1/14/99
• Little Thompson Water District 1/11/99
• Northern Colorado Water Conservancy District 1/20/99
• Longmont Soil Conservation District 1/26/99
Larimer County 6/17/98
Service,Teamwork, Integrity, Quality
OVERVIEW
The PUD Sketch Plan proposes an urban scale development of 9 residential lots located on
108.9 acres. It appears that Lots 1 through 8 will be 2.5 acres each with proposed Estate
zoning, while Lot 9 is to be 64.5 acres with Agricultural zoning.
Public water is proposed to be supplied by Little Thompson Water District and the application
materials include a conditional service commitment letter. However, the Colorado Division of
Water Resources state in their referral that "pursuant to Section 30-28-136(1)(h)(11), it is our
opinion that the [Little Thompson Water] District has not submitted sufficient evidence
documenting that the proposed water supply can be provided without causing injury to existing
water rights." The application proposes individual septic systems for sewage disposal.
The proposal is located within the three-mile referral area of the Town of Mead. A referral
response from the Town of Mead states that "...this proposal conflicts with our interests" but also
states that "this development would complement the existing Town and would provide continuity
in planning and regulating the development of land." Given the Town's desire to annex to Mead,
the Department of Planning Services strongly encourages the applicant to work with the Town
toward annexation and future connection to their sanitary sewer system.
This application proposes urban scale development outside of an urban growth boundary area.
While Section 1 of PUD Ordinance #197 states that the PUD "is intended to allow an alternative
method for property owners and developers to apply flexibility in developing land," Section 1.12
also states that the "PUD Zone District is not intended to be used to circumvent or distort the
te3/4` policies and objectives of the Weld County Comprehensive Plan #147, Weld County Zoning
Ordinance #89, Weld County Subdivision Ordinance#173 and Weld County Mixed Use
Development Plan Ordinance #191." Staff considers applications that attempt to utilize the
PUD's flexibility to propose Urban Scale Development as defined in Section 2.18 outside urban
growth boundary areas a direct attempt to circumvent-and distort the goals and policies of the
Comprehensive Plan, specifically A.Policy 3, UGB.Goal 2 and R.Policy 3 among others.
The application also proposes a "caretaker apartment in the stable facilities to be located on the
agricultural lot." The Weld County Zoning Ordinance allows for one (1) single family dwelling
unit per parcel. Accessory to the farm dwellings will need to be justified in accordance with the
Weld County Zoning Ordinance. As previously stated, "the PUD Zone District is not intended to
be used to circumvent" the Weld County Zoning Ordinance.
COMPLIANCE WITH THE WELD COUNTY COMPREHENSIVE PLAN
A.Goal 1 in the Weld County Comprehensive Plan strives to preserve prime farmland for
agricultural purposes. The subject site is classified as Prime (irrigated) Farmlands of National
Importance by the USDA Soil Conservation Service and Colorado State University.
A.Policy 3 states, "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 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 policy is also intended to promote
conversion of agricultural land in an orderly manner which is in harmony with the phased growth
Service,Teamwork, Integrity, Quality 2
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.
This application proposes urban-scale residential development as defined by Section 2.21 of the -
Weld County Subdivision Ordinance, although, the subject site is not located within one of the
areas specified in A.Policy 3. Weld County does not currently have an intergovernmental
agreement in place with the Town of Mead. UGBPolicy 2.2 states that, "Until
intergovernmental agreements are in place, urban growth boundaries will be defined as a one
half mile perimeter around the existing public Sanitary sewer facilities." The Weld County
Comprehensive Plan recognizes the Town's Urban Growth Boundary as being approximately 1/4
mile north of the subject property. Because of this, the application clearly does not meet the
intent of the Weld County Comprehensive Plan and Subdivision Ordinance and proposed urban
scale development in a non-urban area will be recommended for denial.
R.Goal 3 states, "Promote efficient and cost-effective delivery of public facilities and services to
residential development or districts." R.Policy 3 states further, "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." There is no public sewer available and the site is located outside an
urban growth boundary area.
UGB.Goal 2 requires urban development to concentrate in or adjacent to existing municipalities
and to maintain urban growth boundary (UGB) areas that provide an official designation between
future urban and non-urban uses. This proposal is located outside any municipal urban growth
e"."` boundary as recognized by Weld County. The site is approximately 1/4 mile from the Town of
Mead's UGB.
Future applications shall address the aforementioned concerns and demonstrate consistency
with these goals and policies.
COMPLIANCE WITH THE WELD COUNTY PUD ORDINANCE#197
The application materials state that "it is the intent of the applicant to create a non-urban scale
subdivision...", however, Section 2.18 of the PUD Ordinance #197 defines urban scale
development as "developments exceeding five lots and/or located in close proximity to existing
PUDs, subdivision boundaries, municipal boundaries...". This proposal exceeds five lots and is
also located adjacent to Hunter's Ridge Subdivision which has been annexed to the Town of
Mead, therefore, staff considers this proposal to be urban scale development.
COMPLIANCE WITH THE WELD COUNTY SUBDIVISION ORDINANCE
Section 1.3 of the Weld County Subdivision Ordinance states the purpose of the Ordinance is
"to achieve orderly and efficient development", which is more particularly described in Sections
1.3.1 through 1.3.18. Future applications shall address the appropriate sections of the
Subdivision Ordinance.
Service,Teamwork, Integrity,Quality 3
INFRASTRUCTURE & SERVICES
Comprehensive Plan P.Goal 2 requires adequate facilities and services to assure the health,
safety, and general welfare of the present and future residents of Weld County. Section 6.3.2 of
the PUD Ordinance #197 also outlines Service Provision Impacts. The Weld County Public
Works Department has reviewed the proposal and indicated some concerns in a referral
received February 8, 1999. Section 2.1 of the PUD Ordinance #197 states, "All PUD
developments will be served by an internally paved road system according to county standards.
An exception to paving may be granted by the Director of Planning Services for five (5) lot or
less residential PUD's located in non-urban areas..." If the applicant chooses to proceed
proposing nine (9) lots, paving will be required. Should the applicant reduce the number of lots
to meet the definition of non-urban scale development, an exception to the paving requirement
may be considered by the Director. Please refer to the Design Standards in Section 10 of the
Weld County Subdivision Ordinance for minimum lane and shoulder widths.
Section 10.4.5 of the Weld County Subdivision Ordinance establishes a maximum block length
of 1,500 feet. If the longer cul-de-sac, which exceeds this requirement, is not reconfigured it will
require the Board of County Commissioners approval. Staff recommends that the access be
reconfigured to eliminate the shorter cul-de-sac west of and adjacent to Lot 3. The access from
WCR 32 may be reconfigured to shorten the length of the longer cul-de-sac. The longer cul-de-
sac may also be shortened by reducing the number of lots to meet the definition of non-urban
scale development.
Section 10.6 of the Weld County Subdivision Ordinance dictates utility easement standards for
county subdivisions and PUD's. These standards are strictly enforced by the Weld County Utility
Advisory Committee, requiring a minimum total width of 20 feet apportioned equally on abutting
properties within the development and a minimum of 15 feet allocated along front lot Hines and
any other perimeter areas. Future submittals must include the delineation of all utility easements
on each lot as required by the Design Standards.
Section 12 of the Weld County Subdivision Ordinance lists subdivision improvements that are
the responsibility of the property owner/developer to complete. The required improvements
agreement which is entered into between the owner/'developer and Weld County guarantees
construction of all improvements in accordance with the approved PUD final plan; the agreement
is covered in Section 13. The improvements agreement submitted in the application materials
will undoubtedly need to be revised to address paving and other items included in these
comments. Future submittals must include a completed improvements agreement addressing
road construction, water system, utility extension, landscaping, signage and any other applicable
elements of the PUD. The Road Improvement Agreement shall also address treatment of WCR
32 for dust suppression. The Public Works Department has indicated that calcium chloride is
currently being, applied to WCR 32 for dust control adjacent to Hunter's Ridge subdivision.
The Public Works Department also requires a detailed storm water drainage plan from a
Colorado licensed engineer which delineates both undeveloped and developed drainage
patterns. The Colorado Geological Survey also indicated that surface drainage was not
addressed in detail in the application and indicates concerns pertaining to increased runoff
created by additional lots and paving.
Service,Teamwork, Integrity,Quality 4
The Little Thompson Water District has committed to serve the proposed development,
however, the Colorado Division of Water Resources indicated in a letter received February 1,
1999 that the Little Thompson Water D District has not submitted a required report to the State.
Therefore, the Division of Water Resources states, "...pursuant to Section 30,28-13'6(1)(h)(ll), it
is our opinion that the District has not submitted sufficient evidence documenting that the
proposed water supply can be provided without causing injury to existing water rights." Future
applications shall include evidence that the State and water district requirements have been
addressed. Also, enclosed please find a Water Supply Information Summary form which is
required by the State Engineer.
The Mountain View Fire Protection District indicated several requirements in a referral response
dated January 22, 1999. Concerns included, but are not limited to, the type and spacing of fire
hydrants and fire flow. The Little Thompson Water District referral indicates that $2,000 is
required for installation of a fire hydrant. Although the application materials indicate that an
emergency access will be provided, the access is not delineated on the plat. The Fire District
requires an emergency access to be delineated in future applications. Future applications shall
address all of the concerns of the Mountain View Fire Protection District.
St. Vrain Valley School District RE-1J also commented on the proposal, estimating the impact of
nine (9) single family homes to be six (6) students. In a referral response received January 29,
1999, the school district states that it is opposed to the development because it "adds to the
enrollment of an already overcrowded school". The school district requests that the applicant
enter into an agreement which includes an appropriate cash in-lieu of land dedication fee to
address their capacity concerns. Future applications shall address the concerns of St. Vrain
School District.
The Weld County Public Works Department, Colorado Geological Survey, fire district and school
district will have further opportunity to comment if you choose to proceed further with the PUD
application process.
OPEN SPACE& OTHER SITE AMENITIES
Comprehensive Plan PUD.Policy 4.2 states that a planned development which includes a
residential use should provide common open space free of buildings, streets, driveways or
parking areas. Common open space is defined as any usable parcel of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public or private use or for the
use and,enjoyment of owners or occupants of land adjoining or neighboring such an area. Open
space restrictions are permanent, not for a period of years. A homeowners association shall be
established before any residences are sold, and membership in the association is 'mandatory for
each residential owner. The homeowners association is responsible for liability insurance, taxes
and maintenance of open space, street(s), private utilities and other facilities. The open space
lot functions as a separate parcel.
The application materials indicate that the open space will indeed be owned by the homeowner's
association, however, details pertaining to any proposed active use of the open space have not
been provided. Section 6.3.5 of the PUD Ordinance #197 addresses Common Open Space
Usage. Future applications shall provide a detailed description of the proposed use,
landscaping and maintenance of the open space lot, including access and liability issues
pertaining to the lake.
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Service,Teamwork, Integrity,Quality 5
Section 6.3.3 of the PUD Ordinance#197 outlines'landscaping requirements. Section
6.3.5.2.7 of the PUD Ordinance states, "All PUD's containing a residential element shall provide
for a 15% common open space allocation...". The application proposes 24.4 acres. (22.4%) of
the site to be dedicated to open space, approximately 10 acres of which is comprised of a man-
made lake.
Section 4.2.5.13 also states, "A general landscaping plan for the PUD describing the general
species type, size and location of existing and proposed planting materials and amenities. The
estimated percentage of landscaping areas in the PUD shall be included, along with the location
of parks and common open space." An estimated percentage of landscaped areas was not
provided, however, proposed new landscaping appears to be minimal. Future landscape plans
shall address Sections 4.2.5.13 and 6.3.3 of the PUD Ordinance #197 and include size and
estimated percentage. The map shall meet the requirements of Section 9.3 of the POD
Ordinance.-
Section 6.3.6 specifies that signage within a PUD shall adhere to all requirements in the PUD,
Zoning and MUD Ordinances. All permanent signs and sign structures shall be delineated on
the plat and shall require building permits.
ENVIRONMENT
Section 6.3.1 of the PUD Ordinance#197 addresses compliance with Environmental criteria.
Referral agencies have indicated multiple environmental concerns pertaining to this proposal.
In a referral response received February 8, 1999, the Weld County Health Department indicated
that the application has satisfied water and sewer service requirements in accordance with PUD
Ordinance #197 and current Health Department policy. However, the Weld County Health
Department and Colorado Geological Survey both indicate concerns pertaining to soil suitability
and shallow groundwater.
The Health Department indicated that their primary concern is with the apparently poor quality
soil (lean clay) which typically necessitates non-conventional septic systems. According to
Section 6.1(C) of the Weld County Individual Sewage Disposal Regulations,. the Health
Department cannot approve a subdivision where 25% of the septic systems will be
evapotranspiration systems. The Health Department is requiring the applicant to perform site
evaluations (percolation tests and logged profile pit/hole to 10 feet) on each lot in the
approximate location where each septic system will be installed. The Colorado Geological
Survey also indicated that the preliminary geotechnical engineering report included in the
application materials were based upon a very limited number of tests considering the size of the
parcel and number of lots proposed. The Health Department also requires that no septic
systems be installed within 200 feet of the lake.
Groundwater was observed from 5 to 9 feet below the ground surface. Based on the Colorado
Geological Survey referral, perimeter drains and an underdrain system will be required, as well
as subsurface soils investigations by a qualified soils and foundation engineer on individual
building sites to determine an appropriate foundation design. The Weld County Building
Inspection Department also indicated that each separate building site will require an engineered
foundation in a referral response dated June 19, 1998. Future applications shall also include a
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drainage plan for the site which indicates how surface runoff will be managed. All items in the
Colorado Geological Survey and Weld County Health Department referral responses shall be
addressed in future applications.
In accordance with the Army Corps of Engineers' referral received January 20, 1999, if any
work associated with this proposal involves the placement of dredged or fill material, either
temporarily or permanent, in streams or wetlands, the Corps shall be contacted for proper
permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act.
The Highland Ditch Company's referral received January 29, 1999 simply states that no
permanent structures shall be constructed within sixty (60) feet of the centerline of the ditch.
This should not cause a conflict as the ditch is bordered by the proposed open space. The sixty
foot restriction shall be included in the final covenants.
The Weld County Health Department, Environmental Protection Services recommends
alternative strategies regarding water conservation and waste minimization consideration such
as xeriscaping., low water fixtures, backyard composting and recycling are a few options
available to home owners. They also recommend that preliminary radon mitigation measures be
incorporated in the construction of new homes.
Each of the aforementioned environmental concerns shall be addressed in future applications.
COMPATIBILITY WITH SURROUNDING USES & PLANS
Section 2.6 of the PUD Ordinance #197 addresses compatibility with surrounding land uses. It
appears that most of the adjacent land use is dedicated to farming and residential uses, with
Hunter's Ridge subdivision adjacent to the eastern property line. The department recommends
that any future owner should be made aware of the agricultural uses existing in the area and the
Right To Farm Covenant shall be placed on the plat.
Section 4.4.1.3 Compatibility of uses permitted in the proposed PUD 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
and Intergovernmental Agreements. The property under consideration is located within the
designated three-mile referral area of the Town of Mead. The Town has indicated that this
proposal conflicts with their interest, however, the Town also indicates that the development
would compliment the existing Town and recommends annexation.
Future applications shall also address compatibility with the railroad adjacent to the property and
the irrigation ditch which runs north and south through the middle of the property.
SUMMARY
Due to several substantial concerns, the Department of Planning Services has determined that,
as proposed, the application does not meet the intent of the Weld County's adopted plans and
ordinances. Staff recommends that the applicant pursue annexation to the Town of Mead.
Should the applicant wish to proceed through the Weld County PUD process, it should be clear
that staff will not recommend approval of urban scale development in a non-urban area. If the
applicant makes the required changes to address staff concerns, this may constitute a
f " substantial change which would necessitate beginning with a new PUD Sketch Plan application.
Service,Teamwork, Integrity,Quality 7
l^ Please review the enclosed materials and then call to schedule an appointment if you desire a
meeting time. The purpose of the meeting will be to familiarize you with the P'UD District
application procedure and discuss any problems or concerns identified in this letter. Once
again, comments made during the Sketch Plain phase of the PUD and agency referral responses
may not be all inclusive, as other concerns or issues may arise during the remaining application
processes.
Sincerely,
Si
Scott Ballstadt
Planner
cc: Monica Daniels-Mika, Director
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DEPARTMENT OF PLANNING SERVICES
�►+s PHONE (970) 353-6100, EXT.3540
T FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
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COLORADO
March 29, 1999
Todd Hodges Design, LLC
Go Todd Hodges
4119 Granby Ct.
Ft. Collins, CO 80526
Subject: Z-525- Request for a Change of Zone from Agriculture to PUD for 9 lots with Agricultural&Estate
uses on a parcel of land described as Part of the NE4 of Section 21, T3N, R68W of the 6th P.M.,
Weld County, Colorado.
Dear Mr. Hodges:
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 May 4, 1999, at 1:30 p.m. This meeting will take
r place in Room 101, Commissioner's Hearing Room, 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 Town of Mead Planning
Commission for its review and comments. Please call the Town of Mead at(970)535-4477 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 Town of Mead Planning.Commission meeting 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,°1-
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Scott Ballstazddt cc71
Planner
r"1 FIELD CHECK inspection date: April 22, 1999
CASE NUMBER: Z-525
APPLICANT: Mark and Jackie Eberl
LEGAL DESCRIPTION: Pt. NE 1/4 21-3-68
LOCATION: South of and adjacent to WCR 32; approx. 1/4 mile west of WCR 7
Zonwr Land Use
N A (Agricultural) N Farmland/Ag. Open Space
E Town of Mead E Single family Residences
S A (Agricultural) S Farmland/Ag. Open Space
W A (Agricultural) W Farmland/Ag. Open Space
COMMENTS: Site is very flat and currently unencumbered by man-made structures.
Highland Ditch defines the east boundary of the parcel; one single family residence lies
on the northeast corner of the property. Hunter's Ridge Subdivision lies to the east
of the property. WCR 32 provides access to the site.
rs
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