HomeMy WebLinkAbout982577.tiff CORRESPONDENCE RESPONSE
DEPARTMENT Pi&� 1, Ad' ( (-to
****PLEASE RESPOND BY: iii q98. ****
P
RECOMMENDED ACTION �""u¢ 7�_o oc4.4 41,) '`e/mi
- (L, eF\R� l.A
Narrative: @_1. e !mod(_ tN4P-Ctil r�Li?
(1sts - ()..Q.2-e e erC.
/^ ;,,lin MA-O /C/2- al-tau ye2.0 -- Z 41)977 \2 2
Q7-./?0,
, .,rit(!FS;
METHOD OF RESPONSE:
Veld County Planning Dept.
Board Action
Worksession DEC 0 71998
c;/Letter (Attached) +�
Telephone Call RECEI ED
No Response
Staff Signature
K:\opman\rdcompll
05/28/98
bnafeifyi am da
/eV)*
WELD COU !TY
^n" " ' ''' !,177 Nov. 18, 1998
ER p'^'J 30 AM 9: 39
To: Weld County Commissioners Office CLERK
From: D. L. Geary TO THE rn,t ;D
Re: Subdivision Decision
Sirs:
I am writing you in regards to the decision that I observed today regarding a 5
lot subdivision to be established in my neighborhood. The case I believe is
S-469 and its proposed location is at the juncture of Weld County Rd. 51 and
Weld County Rd. 66. I believe the name of the developer is Larry Intermill.
I am against this and any subsequent establishment of subdivisions and against
the general trend to subdivide rural agricultural land in Weld County.This
particular decision to put 5 homes on a small parcel of land seems completely
out of character for our area of the county. I look around North of Greeley and to
the East of Greeley and see no comparable division into small lots.
I do not believe that the interests and input of neighbors in the area were
considered in this matter. I know we were not contacted and I think
I know how almost all of our neighbors would have responded had they been
questioned about this decision. We highly value the character of this rural
neighborhood and are greatly saddened that this developer has been able to
convince the commissioners and some others that "more is better."
I would appreciate your guidance in the following areas:
* What are our rights as landowners regarding the process of granting
subdivided decisions?
• Could you could send me a copy of the law as it pertains to these decisions?
* What is your offices' general platform regarding development of rural
agricultural land in Northern and Northeastern Weld County?
' What are you doing to establish the position of landowners and landusers
currently in the area to develop a balanced position on the area's
development?
Rather than just complain I will try to take an active part is promoting my position
in the future.
Thank you for your consideration in this matter.
Daniel L. Geary
26269 WCR # 66
(2) Civ \gi4J CC ' PL
L OLL � ��� 982577
J \
DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3540
Wl FAX (970) 352-6312
C. WELD COUNTY 1400 N. 17TH AVENUE
GREE EY, COLORADO 8 63
COLORADO
December 18, 1998
Daniel L. Geary
26269 WCR 66
RE: Subdivision Regulations
Dear Mr. Geary:
Recently you submitted to the Weld County Board of County Commissioners a letter which
poses some very compelling questions regarding the subdivision of Agriculturally-zoned land in the
county. Specifically, you questioned the rationale and legal basis for a recently approved Minor
Subdivision on property located approximately 3/4 of a mile to the West of your own. Since I was
the planner responsible for processing this application, I would like to try to address some of the
issues which concern you.
Your first stated concern is that you and other nearby property owners were not contacted
regarding the subject application. The reason for this is that the regulations for subdivision in this
county require written property owner notification only when their property is within 500 feet of the
subject site. In this case your parcel exceeds this distance; therefore, the owner is not required to
notify you in writing. Nevertheless, individuals owning property outside the 500 foot perimeter did
have access to proper notification by means of signs which were posted on the site, announcing
the four (4) public hearings which were convened for this case. The public hearing process allows
county residents the opportunity to voice their grievances or support in a formal manner. These
concerns are heard by the applicable governing body, and are considered before a recommendation
or decision is tendered. However, since you were not aware of, or were unable to attend these
hearings, I can appreciate that you wish to understand a process which permitted the seemingly
incompatible placement of a large-lot residential development in a predominantly rural area. Your
specific questions, and my responses, are as follows:
1. What are our rights as landowners regarding the process of granting subdivided decisions?
I have already hinted at the answer to this question. When an application for subdivision is
received by this office it begins a trek down a very formalized path. Specifically, the second and
third "phases" of a Minor Subdivision (Change of Zone and Final Plan) both require public
notification through mailing (500-foot criteria), sign posting, and publication in a newspaper.
Through this notification process surrounding property owners are provided information regarding
public hearing dates and times. Of course, not everyone who has interest in a case will be made
aware of the application. However, over the course of the four to six months usually required for the
application to complete these two phases most interested parties do become aware of upcoming
Page 2
hearings. In this case several surrounding property owners did submit letters of concern to our
office, and these citizens did appear at the Planning Commission hearing for the Change of Zone.
Grievances such as these are to be presented to the applicable body as an oral description of the
complaint; and, they can be augmented with written materials. This process is the primary method
of public input with regard to applications for subdivision in the county. Other, more proactive
techniques might include a formal letter of inquiry sent to the Board of County Commissioners, or
perhaps the formation of a citizens awareness coalition whose responsibility it would be to make the
broader public aware of upcoming cases, and to open a consistent line of communication with the
Department of Planning Services. I am aware of only one such group currently operating in Weld
County.
2. What is your offices'general platform regarding development of rural agricultural land in
Northern and Northeastern Weld County?
Our"platform"for subdivision is uniform throughout the county. It is described in the Goals and
Policies of the Comprehensive Plan, and in the specific standards and regulations of the
Subdivision, Planned Unit Development (PUD), and Mixed Use Development (MUD) Ordinances.
Each of these documents includes standards and procedures for various types of subdivision
applications. Additionally, specific land use guidelines for the property within the subdivision are
controlled through the Zoning Ordinance. In your case, the Minor Subdivision procedure was
followed by the applicant. This procedure allows a parcel of ground in the county to be subdivided
into no more than five (5) residential lots. As part of the three phases involved in this application
a Change of Zone from (A) Agricultural to (E) Estate is required. This is actually a fairly simple
subdivision process when compared to the large PUD and Major Subdivision projects located
elsewhere in the county.
According to your letter, however, the process that your neighbor followed to complete the
subdivision is apparently of secondary concern. Your greater interest appears to be centered on
the rationale by which the county allows residential development to occur in a rural area. As you
may already know, Weld County is a Charter (Home Rule) county in Colorado. What that means,
in essence, is that such a county is permitted to develop its own set of rules and regulations which
guide development, and other regulatory concerns. For example, in all but one other county in this
state the mandatory minimum lot size in a rural area is 35 acres. However in Weld County, our
Home Rule status has allowed us to adopt a minimum lot size of 80 acres. This particular
component of the charter was ratified to protect the agricultural character of the county. Along this
same theme of agricultural protection for county farmers and agricultural land owners, other
measures have been adopted. It is these measures which are most contentious. However, the
general rule for subdivision in the rural sections of the county is as follows:
Urban Scale developments, as defined by the Weld County Subdivision and PUD Ordinances,
are defined as having more than five buildable lots (among other criteria). When an applicant
expresses an interest in creating an Urban Scale development in Weld County, Planning
Department Staff immediately direct them to consider land area options within the county which
have been designated as more suitable for large-scale development. These areas include the
following: a) Urban Growth Boundaries (areas within ''A mile of existing public sewer lines) or
Intergovernmental Agreement boundaries, b) the intersections of two or more State or Interstate
road systems (Urban Development Nodes), and c) the Mixed Use Development area (commonly
referred to as Del Camino) located at the intersection of 1-25 and State Highway 119. Essentially,
these areas are within close proximity to incorporated communities and they have the infrastructure
available to serve Urban Scale developments, or they have otherwise been identified as being
suitable for Urban Scale development. If the subject property does fall within one of these areas
the applicant is eligible to apply for a larger-scale subdivision; provided he or she can satisfy other
stringent criteria, and can provide evidence of adequate infrastructure to serve the lots. Ultimately,
developments within Urban Growth Boundaries and Intergovernmental Agreement Boundaries will
Page 3
become prime targets for annexation to the subject community.
In regions located outside of these "Urban Scale" target areas described above, other, less
intense methods of subdivision are possible as long as they do not exceed five (5) lots per
development (applications exceeding this number may be submitted, but are subject to more acute
scrutiny by staff, Planning Commissioners, and Board members). The two application types
available to the developer in these areas are the Minor Subdivision, and the Non-Urban PUD. Both
of these impose unique restrictions on the developer, including those that are concerned with the
placement of water, sewer, and internal road systems. Even so, if followed appropriately, county
regulations do allow these types of developments to occur in the rural parts of the county. For
example, A. Goal 4 of the Weld County Comprehensive Plan states that we should "Provide a
mechanism for the division of land which is agriculturally zoned." Two such mechanisms are the
previously mentioned Minor Subdivision and Non-Urban PUD processes. Another is the Recorded
Exemption procedure, which allows the property owner to split off one or two lots off on an existing
parcel.
While the land owner does have options for subdivision in rural areas, the County's governing
documents also emphasize protections for the rural landowner, especially when "prime" agricultural
ground is threatened. For example, A. Goal 3 specifies that we are to "Discourage residential,
commercial, and industrial development which is not located adjacent to existing incorporated
communities"; and, A. Goal 1, states that we are to "Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture." As you can see, then,
the County faces the difficult task of authorizing piecemeal rural land developments which must, at
the same time, be managed in such a manner as to protect it's most valuable historical resource--
the land.
3. What are you doing to establish the position of landowners and land users currently in the
area to develop a balanced position on the area's development?
As I previously indicated, landowners have very clear rights with regard to subdivision
processes, public hearing notification, and public hearing involvement. The "balanced" perspective
you speak of is a function of these County rights, as well as Federal, State, and local laws. Among
these, there exist a number of precedent-setting Supreme Court rulings which establish the basis
for land use law in this country. State statutes and county charter regulations both reflect these
rulings, as directed by our comprehensive plan which serves to guide, in a general fashion, Weld
County growth and development, with more specific development guidelines being delineated in
those other subdivision and land use ordinances that I referenced previously. All of these
documents are reviewed and approved by the Board of County Commissioners through the public
hearing process. Periodically these documents are reviewed for their applicability and effectiveness
in achieving their purported goals. If changes to the documents are warranted an amendment will
be proposed, and here again, the public has an opportunity to comment on the proposed changes.
Additionally, citizens of the county can attempt to alter these documents through a formal application
process. Accordingly, there do exist both statutory regulations allowing citizens to voice their
grievances, and a procedure for remedying perceived flaws in the documents that guide county
development.
Additionally, given a potential for conflicts among property owners in new residential areas
(especially in very rural parts of the county), a "Right to Farm" covenant has been established in
Weld County. This contract protects farming and agriculturally-related activities from residential
citizen complaint by guaranteeing the inherent rights granted agricultural uses, and by indemnifying
farmers against perceived "nuisance" grievances. To ensure proper notification this covenant is
placed on all final subdivision plats, and copies may be obtained from the Department of Planning
Services upon request.
Page 4
The questions you have posed to the county are important. Growth and development are
contentious wherever they occur, and residential population growth always challenges existing
infrastructure to provide the services necessary to satisfy the new volume of people using them.
This problem is only magnified in a rural area which is struggling to accept residential development.
As a citizen of this county you have every right to be concerned with the nature of this development
and with the future of the rural sections of the county. I hope that I have given you, here, at least
a general understanding of how and why Weld County allows this type of development to occur.
If you have further concerns you can obtain more detailed information in the documents which I
have referenced; and, you can find these documents at the Department of Planning Services' office.
If you have any other questions about this issue, or any other Weld County growth-related topic,
please feel free to call our office at the number shown above. Thank you very much for your
concern.
Sincerely,
Ben Patton
Planner
Hello