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HomeMy WebLinkAbout990497.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Terry & Janice Wiedeman/David Case Number Z-519 & Kathleen Hunt 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 Memo to Planning Commission dated December 19, 1998 X 5 Letter to Applicant X 6 Legal Notifications (2 pages) X 7 Application (25 pages) X 8 Referral list X 9 Town of LaSalle referral response received 12/01/98 X 10 Weld County Health Department referral received 12/10/98 (2 X pgs) 11 Weld County Public Works Dept. referral received 1/7/99 (5 pgs) X 12 West Greeley Soil Conservation District referral received X 11/23/98 13 Colorado Dept. of Transportation referral received 11/23/98 X 14 Weld County Zoning Compliance referral received 11/13/98 X 15 24" X 36" plat maps submitted by applicant(3 page) X 16 8 1/2 X 11 maps submitted by applicant(1 pages) X 17 Deed X 18 Letter from Melvin Dinner dated 12/18/98 (8 pages) X 19 Surrounding Property Owners (8 pages) X 20 Letter from Public Service dated 10/29/98 X 21 Letter from Central Weld County Water District dated 4/07/98 X 22 Letter from Greeley Gas dated 11/05/98 X 23 Letter from US West Communications dated 11/04/98 X 24 Geologic and Mineral Evaluation prepared on 06/04/98 (11 pgs) X 24 Items submitted at planning commission �J EXHIBIT G � t U P/4 990497 /O _n rr /{nom _sLG ha, I hereby certify that the 24 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. Julie A. Chester •3 Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS I cc day of TT 19 (7`I . SEAL NOTARY PUBLIC MY COMMISSION EXPIRES 72/YZO/ 9 7 4th \ CHANGE OF ZONE "IDe ADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: Z-519 PLANNER: Julie A. Chester APPLICANT: Terry Wiedeman/David Hunt ADDRESS: 13434 WCR 42, Platteville/14460 WCR 40, Platteville REQUEST: PUD Change of Zone to create five E (Estate)zoned lots, one commercial lot for a garage, with a 78.2 acre agricultural outlot and 2.82 acres of open space LEGAL DESCRIPTION: Lot B of Recorded Exemption-2112, part of the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Located Northwest of and adjacent to U.S. Highway 85 and East of and adjacent to WCR 33 ACRES: 104.45 acres PARCEL 105714000058, 105714000003 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The submitted materials are not in compliance with the application requirements of Section 6.3.8.2 of the Weld County PUD Ordinance 197. 2. The submitted materials are not in compliance with Section 6.4.3 of the Weld County PUD Ordinance 197 as follows: A. Section 6.4.3.1.1 - That the proposal is consistent with the Weld County Comprehensive Plan, MUD Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PUD, and the Weld County Zoning Ordinance and Subdivision Ordinance. 1) A.Goal 1 states "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." This proposal is keeping the most productive part of the farm intact by setting aside a 78.2 Agricultural outlot. This outlot will continue to be used as farmground and the residential lots will be large enough to allow for small agricultural activities. The Estate zoning of the residential lots allow for one animal unit per acre, so that animals may also be kept on these properties. 2) A.Goal 2 states, "Allow commercial and industrial uses which are directly related to or dependent upon agriculture to locate within Agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure is available." The lot to be zoned commercial is proposed for the new location of Dan's Garage. Dan's Garage is currently mmery farm EXH T implementsutilizedby andthe personalfarming vehicles.co unity Thefor current ther locationpair and of Danse 'sice Garageof is Service,Teamwork, Integrity,Quality Hunt/Wiedeman Z-519 Page 1 ci9 qq 7 directly to the south of this proposal on the northeast corner of U.S. Highway 85 and Highway 256. 3) A.Policy 3 states, "the conversion of agricultural land to residential, commercial, and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area or 1-25 Mixed Use Development area and urban development nodes." This proposal is located within an urban node, adjacent to U.S. Highway 85 and State Highway 256, adjacent to the unincorporated town of Peckham. B. Section 6.4.3.1.2 - The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Section 2 of this ordinance. The proposal conforms with all the Performance Standards except Section 2.20 Water and Sewer Provisions. This section states that all PUD's containing commercial and/or industrial uses shall be served by a public sewer system. The application does propose public water to be provided by Central Weld County Water District, however, each lot is proposed to be served by an individual septic system. Septic systems would be allowed on the Estate zoned lots, however, Section 2.20 of PUD Ordinance 197, effective on January 26, 1998, states that all PUD's containing commercial and/or industrial uses shall be served by a public sewer system. The Weld County Health Department has indicated that an individual septic system on this lot would be adequate for the type of use and the size of the use proposed for the commercial lot. The Department of Planning Service's does not have the authority to waive this requirement and therefore, must recommend denial of this application, for this reason. 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 for five residential lots, adjacent to the unincorporated town of Peckham and several other residences. Dan's Garage, which is proposed for the commercial lot, is currently located on the south side of Highway 256 and would have minimal impact on surrounding land uses. The Agricultural outlot is compatible with other agricultural uses in the area. There currently is a migrant housing facility directly east of and adjacent to U.S. Highway 85 and other agricultural uses. This proposal is approximately one mile from the Town of Gilcrest and they responded in their referral response that this proposal does not conflict with their interests. D. Section 6.4.3.1.4-That the PUD Zone district shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Section 2 of this Ordinance. As stated previously, there is an adequate water supply to this site, however, public sewer is not available for the commercial lot. See 2.B above. E. Section 6.4.3.1.5-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 PUD Zone District. WCR 33 is designated on the Weld County Transportation Plan Map as a local gravel road and is Service,Teamwork, Integrity,Quality Hunt/Wedeman 7-519 Page 2 996v9 7 maintained by Weld County. State Highway 256 and U.S. Highway 85 border the proposed PUD on the south and east sides. Sections 2.17 and 2.18 of the Weld County PUD Ordinance 197 require the applicant to pave the internal road system. The main access is proposed from WCR 33. The Colorado Department of Transportation indicated in a referral response that right-of-way for U.S. Highway 85 is a total of 150' (or 75' from the center line of the highway) and this should be reserved or dedicated and delineated on the plat. An improvements agreement would be required at the Final Plat to address the upgrading and paving of WCR 33 from Highway 256 to the entrance of the proposed PUD. The applicant should also meet with the Colorado Department of Transportation regarding preliminary realignment of the intersections of U.S. Highway 85 and Highway 256 and WCR 33 and Highway 256, to determine any effects to the proposed PUD. F. Section 6.4.3.1.6-In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Section of the Comprehensive Plan, Subdivision Ordinance, and the MUD Ordinance, if applicable. This shall be shown by submitting, with the PUD district application, a separate proposal for on-site and off-site improvement agreements. This proposal shall describe, in detail,the type of on-site improvements in compliance with Section 12 of the Subdivision Ordinance and off-site road improvements in compliance with Section 13 of the Subdivision Ordinance, to determine if the requirement for street or highway facilities providing access to the property has been satisfied. The method of guarantee shall conform with Weld County's policy regarding Collateral for Improvements. The applicant has submitted an Improvements Agreement for Private Road Maintenance and will be required to submit an Offsite Improvements Agreement at the Final plat. G. Section 6.4.5.1.7-That there has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The proposed change of zone does not lie within any overlay district identified by the maps officially adopted by Weld County. The proposal is located within an urban development node. The proposed rezoning does not contain the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extraction to any greater extent than under the present zoning of the property. The onsite soils are derived from ancient alluvial sediments of the South Platte River. This material generally provides very good building material, as indicated in the Geological Survey. There are some areas of the property that do have some sandy portions which may exhibit low strength and may be subject to erosion. Clayey fractions of the soil may have expansive properties and the Colorado Geological Survey recommends that soil samples be taken on the building envelopes to determine geotechnical properties of the soils. The Weld County Building Inspection Department requires engineered foundations for the residential structures and engineered blueprints are required for the foundation and structure of the commercial structure. Service,Teamwork, Integrity,Quality HunUWiedeman Z-519 Page 3 991 97 H. Section 6.4.3.1.8-Consistency exists between the proposed zone district(s), uses and the Specific or Conceptual Development Guide, as follows: 1. Section 6.3.1 Environmental Impacts: The referral response received December 10, 1998 from the Weld County Health Department indicates that the application materials have adequately addressed all of the potential impacts described in Section 6.3.1.2.1 of the Weld County Planned Unit Development Ordinance (Ordinance 197), except for the requirement of a public sewer system for the commercial lot. The Weld County Health Department indicated that an individual septic system would likely be chemically similar, and probably have less actual flow than a typical residential home. 2. Section 6.3.2 Service Provision Impacts: School District Weld RE-1 responded in a referral dated December 9, 1998, that the only concern was that students shall be picked up on WCR 33 and not within the subdivision. The LaSalle Fire District did not respond to the referral sent to them, however the applicant has indicated that they will comply with any fire district requirements. Transportation issues have been addressed through condition of approval 2.C, if this application is approved, as stated previously. All other service provisions have been adequately addressed. 3. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape Plan. The Plan is in accordance with Section 9.3 of the Weld County Planned Unit Development Ordinance (Ordinance 197). Additional landscaping requirements for the commercial lot would be addressed through a Site Plan Review prior to any commercial use occurring on the commercially zoned lot. 4. Section 6.3.4 Site Design: The proposal takes into consideration the sites advantages and limitations. 5. Section 6.3.5 Common Open Space Usage: The application proposes 2.82 acres of common open space and an additional 78.21 acres to be used as an agricultural outlot. This exceeds the open space requirement of the PUD Ordinance. The applicant is proposing to establish a homeowners association in accordance with the requirements of Section 6.3.5 of the Weld County Planned Unit Development Ordinance (Ordinance 197). 6. Section 6.3.6 Proposed Signage: The applicant is not proposing an entry sign for the development. Any sign for the commercial lot must meet MUD sign requirements and requirements of the commercial zone district. This issue will be addressed through a Site Plan Review for the commercial lot. 7. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the Mixed Use Development area, however, any development within an urban development node must meet all design standard requirements of the MUD. Service,Teamwork, Integrity,Quality HuntlWiedeman Z-519 Page 4 9gdt/9 7 a. Section 2.6.2, #4 This section in the MUD Ordinance states that whenever the use of the property to be developed or redeveloped will conflict with the use of adjoining property, there shall be an opaque planted screen between the two properties. The screen shall moderate the impact of noise, light, aesthetic concerns, and traffic. b. Section 2.6.3, #5 This section in the MUD Ordinance states that loading, service, or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen. These requirements will be further addressed through a Site Plan Review for the commercial lot. 8. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed change of zone does not lie within any Intergovernmental Agreement area. This denial recommendation is based upon compliance with the PUD Ordinance requirements. The Department of Planning Services' staff does not have the flexibility to waive the requirement for a public sewer system. It is the opinion of the Department of Planning Services' staff that all other criteria for this proposal have been met. 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 (Ordinance 197), the Department of Planning Services recommends the following Conditions of Approval and Development Standards be attached: The Change of Zone from A (Agricultural) to Five Estate Lots, One Commercial Lot and a 78.2 acre Agricultural Outlot Subdivision is conditional upon the following: 1. 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. 2. Prior to recording the Change of Zone plat: A. The plat shall be amended to include the following: 1) The current Right to Farm Covenant from the Weld County Comprehensive Plan. (Dept. of Planning Services) 2) The change of zone plat shall delineate 75-feet reserved right-of-way from the centerline of U.S. Highway 85. (CDOT) 3) The name of the street, which shall not conflict with any other street within the particular U.S. Postal area. (Dept. of Planning Services) Service,Teamwork, Integrity,Quality Hunt/Wiedeman Z-519 Page 5 99V97 4) The Agricultural outlot shall be labeled as non-buildable. 5) The internal road system shall be paved as required by Sections 2.17 and 2.18 of the PUD Ordinance 197. A minimum of 50-foot paved edge to edge cul-de-sac will be required. (Public Works) 6) The plat shall be amended to show the current existing open boxes and underground irrigation pipeline and any other utility easements. Building envelopes shall be delineated on the lots to prevent and avoid interference with easements and utility lines means of ingress and egress. B. The applicant shall submit evidence to the Department of Planning Services that the Weld RE-1 School District has been contacted and any requirements have been addressed. (Dept. of Planning Services) C. The applicant shall submit evidence to the Department of Planning Services that the LaSalle Fire District has been contacted and any requirements have been addressed. (Dept. of Planning Services) D. The applicant shall submit a revised landscape plan which meets the requirements of Section 9.3 of the Planned Unit Development Ordinance (Ordinance 197) and Section 2.6 of the Mixed Used Development Plan, (Ordinance 191). The landscape plan shall also specify the Homeowner's Association's method of open space maintenance. (Dept. of Planning Services) E. The applicant shall submit evidence to the Dept. of Planning Services from Central Weld County Water District which indicates that all requirements of the District are satisfied. (Department of Planning Services) F. The following notes and information shall be delineated on the Change of Zone plat: 1) The PUD shall consist of five (5) Estate zoned lots and one (1) Commercial lot for a garage, two (2) Common open space lots and one (1) Agricultural outlot. The Change of Zone allows for Estate uses (5 lots) which shall comply with the Estate Zone District requirements as set forth in Section 36 of the Weld County Zoning Ordinance, Commercial uses (1 lot) which shall comply with the Commercial Zone District requirements set forth in Section 33, and Agricultural uses(1 lot)which shall comply with the Agricultural Zone District requirements set for in Section 31. The Agricultural lot is a non- buildable lot. The common open space shall be owned and maintained in accordance with Section 6.3.5 of the Planned Unit Development Ordinance (Ordinance 197). (Dept. of Planning Services) 2) The commercial lot is to be utilized by Dan's Garage or a similar approved use. If any other commercial use is proposed on this lot, a public sewer system may be required. In the event the commercial lot changes in use or type of occupancy, development, construction, or structurally altered or operated, the Department of Planning Services may require a new Site Plan Review application. (Planning) Service,Teamwork, Integrity,Quality HuntlWedeman Z-519 Page 6 submitted within two (2) years of the date of the 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 approval of 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. (Dept. of Planning Services) 3. Prior to the 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 33. B. Foundations shall be engineered at each separate building site. Engineered blueprints will be required for the commercial lot, including the foundation and structural blueprints. (Weld County Building Inspection) 4. The Final Plan application shall include a draft improvements agreement in accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance. The improvements agreement shall include streets, bus stop, street light and landscaping of the common open space. Improvements agreements are for both on-site and off-site improvements. 5. The Final Plan application shall include draft covenants which address the prohibition of development, landscaping, etc. on the designated septic system leach fields and use of the common open area for potential leach fields in accordance with the Weld County Health Department referral. The covenants shall also address maximum dwelling size and lot coverage as this is not addressed by Section 4.3 of the covenants submitted in the application materials. The covenants shall also include the Right to Farm covenant contained in the Weld County Comprehensive Plan. Service,Teamwork, Integrity,Quality Hunt/Wiedeman Z-519 Page 8 PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: C4'u.-c"c.-7 ?, 19 9 9 . THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR l3SR- 2'-677 THE SIGN WAS POSTED BY: pp Y-c NAME OF PERSON POSTING SIGN C_ LLQ2e �. (ta� SIGNATURE FOR PERSON POSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS )i DAY OF � Q,}l.illiq , 19 C C1 . / Lk 1GZ I'LL/ :1 i NOTARY UBLIC MY COMMISSION EXPIRES: VI/ACCI THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. 99zW97 itt4D% MEMORANDUM W IWine TO: Planning Commission December 19, 1998 COLORADO From: Julie A. Chester, Current Planner SUBJECT: Z-519, Hunt/Wiedeman The Department of Planning Services is recommending continuance of Z-519, a Change of Zone for Terry Wiedeman and David Hunt, for the following reason: 1. Specific issues regarding the application must be addressed prior to a Planning Commission hearing. A meeting has been set up for the week of January 4, 1999, with the applicant to address these issues. The Department of Planning Service is recommending continuing this case until January 19, 1999. This is continuance is acceptable to the applicant. 99/% 7 (7t; a DEPARTMENT OF PLANNING SERVICES C7=j PHONE (970) 353-6100, EXT.3540 FAX (970)TIVE 352-6312FILES WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE 1111 GREELEY, COLORADO 80631 • C. COLORADO November 12, 1998 Terry and Janice Wiedeman 13434 WCR 42 Platteville, CO 80651 Subject: Z-519 - Request for a Planned Unit Development Change of Zone for 5 Residential Lots and 1 Commercial Lot with a 78.2 acre Agricultural Outlot on a parcel of land described as Lot B of RE- 2112; being part of the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for January 5, 1999, at 1:30 p.m. This meeting will take place in Room 104, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Gilcrest and LaSalle Planning Commission for its review and comments. Please call Town of Gilcrest at 970-737-2426 and Town of LaSalle at 970-284-6931 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Gilcrest and LaSalle Planning Commission meetings to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly n-laintained 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. Respectf Ily, Chester Planner • pc Hunt Intermill 99oy97 FIELD CHECK inspection date: 1/8/99 CASE NUMBER: Z-519 APPLICANT: Terry Weideman/David Hunt LEGAL DESCRIPTION: Lot B of RE-2112, Part of the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Located Northwest of and adjacent to U.S. Highway 85, North of and adjacent to Highway 256 and East of and adjacent to Weld County Road 33 Zoning Land Use N A(Agricultural) N I residence, Ag, Oil & Gas E A (Agricultural) E Migrant Housing (USR- 1084), Highway 85, Ag S A (Agricultural) S Highway 256, Dan's Garage, —5 residences W A (Agricultural) W Large Ag field, Residence, Oil & Gas COMMENTS: Posted sign. There is only vacant farmground on this site at this time. Directly south is Dan's Garage and several residences. Highway 85 is directly east, while Highway 256 is directly south. There is a migrant housing facility on the east side of Highway 85, permitted for High Plains Housing under USR-1084. There are a lot of Agricultural uses in the area; mainly farming. All the fields are currently plowed, however, several different crops are grown in this area during the regular farming season. There is also oil and gas on this parcel, as well as on other parcels in this area. • A /\ Kit.45( Julie A. Chester, Current Planner g96x/97 Hello