HomeMy WebLinkAbout991339.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Lighthouse Cove/Don LaFaver Case Number Z-522
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Comments (8 pages) X
3 Letter to applicant X
4 Legals X
5 Application (15 pages) X
6 Referral form and list(2 pages) X
7 Weld County Code Enforcement referral 2/8/99 X
8 Colordado Geological Survey referral 2/23/99 X
9 Colorado Dept. Of Transportation referral 2/12/99 X
10 Town of Firestone referral 2/23/99 X
11 City of Longmont referral 2/8/99 (2 pages) X
12 Weld County Building Inspection referral 3/18/99 X
13 Weld County Public Works referral 2/15/99 (2 pages) X
14 Weld County Health Department referral 3/3/99 (2 pages) X
15 Mountain View Fire Protection District referral 2/19/99 (2 pages) X
16 St. Vrain Valley School District RE-1J referral 2/26/99 (2 pages) X
17 Longmont Soil Conservation District 2/23/99 (2 pages) X
18 Maps X
19 SPOs (7 pages) X
20 St. Vrain Sanitation District letter 1/11/99 (2 pages) X
21 Colorado Division of Water Resources letter 3/8/99 X
22 Left Hand Water District letter&tap agreement(9 pages) X
23 St.Vrain Concerned Citizens letter 2/26/99 (2 pages) X
24 Reuth letter 2/19/99 X
25 Dept. Of Planning Services response letter to Reuth 3/1/99 X
991339
I hereby certify that the 25 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.
C' l
Scott Ballstadt ❖ Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS tit. day of dtid 1995
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NOTARY PUBLIC
MY COMMISSION EXPIRES /01/48/20,00 \O A 1UC1‘1
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1%N‘OF C0�0t
tir CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-522
PLANNER: Scott Ballstadt
APPLICANT: Lighthouse Cove/Don LaFaver
ADDRESS: 2185 Pine Drop
Golden, Colorado 80401
REQUEST: Change of Zone from Agricultural to PUD for ten (10) lots with Residential zone uses
LEGAL DESCRIPTION: Lot B of RE-2330, being part of the N1/2 NE1/4 of Section 16, T2N,
R68W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to WCR 7 & approximately 1/4 mile north of WCR 20.5
ACRES: 73 PARCEL #1313 16 000034
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
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 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 consistent with the aforementioned documents as follows:
1) UGB.Goal 2 states, "Concentrate urban development in or adjacent to
existing municipalities or the 1-25 Mixed Use Development area..." This
application proposes urban-scale development as defined by Section 2.18
of the Weld County PUD Ordinance and is located within the Mixed Use
Development area. The intent of this goal is to encourage urban scale
development to occur where urban scale infrastructure is available.
2) R.Policy 3 states, "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." Urban services are proposed
as the lots will be served by Left Hand Water District and St. Vrain Sanitation
District.
EXHIBIT
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3) MUD.Policy 6.4 states, "The clustering concept of residential units should be
encouraged to reduce development and maintenance costs, preserve natural
features, and maximize open space." Site limitations due to the lake require
the applicant to cluster the residential lots on a small portion of the site. The
proposal far exceeds the required 30% open space at approximately 80%.
4) The subject site is included within the Limiting Site Factor designation on
Structural Land Use Map 2.1 of the Mixed Use Development (MUD) and
Comprehensive Plans. Upon review of the sketch plan application, the
Department of Planning Services determined that the application exceeds
the MUD common open space requirement of 30% for Limiting Site Factors
per Table 2.2 of the MUD Plan. According to the estimated lot size, and
allowing for approximately 2 acres for road right-of-way, the proposal
includes approximately 80%open space largely due to the lake. Additionally,
Table 2.1 includes low density residential as a use in the Limiting Site
Factors category.
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.
Adherence to Section 2.6 of PUD Ordinance#197 is addressed through attached
conditions of approval. Additionally, Section 2.3 states that Bulk Requirements
(minimum setback, offset, lot size, height of buildings and lot coverage) in the PUD
zone district may be varied from the requirements of a specific zone district. The
applicants have not indicated any deviation from the R-1 (Low Density Residential)
district Bulk Requirements for the proposed development and will comply with the
R-1 zone district regulations.
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 Town
of Firestone and the City of Longmont both submitted referral responses which
indicated no conflicts exist and they have no comment. Referrals were also sent to
the Town of Frederick and Boulder County at the Sketch Plan phase, as well as
Change of Zone, however, neither entity responded.
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. The application does propose an
adequate water supply and sewage disposal. The application materials include a
Subdivision/Multiple Tap Service Agreement with Left Hand Water District, however,
the agreement was not fully executed. Attached conditions of approval require
evidence that the requirements of the District have been addressed. Additionally,
a letter from the Division of Water Resources received March 8, 1999 states,
"Pursuant to Section 30-28-136(1)(h)(II) C.R.S., the State Engineer's Office offers
the opinion that the proposed water supply will not cause material injury to existing
water rights, and with Left Hand Water District serving the proposal, the supply is
expected to be adequate."
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The application materials also include a conditional commitment letter from St. Vrain
Sanitation District dated January 11, 1999. Attached conditions of approval require
evidence that the requirements of the District have been addressed.
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 has reviewed the proposal and referral comments
indicate that the proposed typical road cross section, right-of-way and cul-de-sac
dimensions is not adequate. The attached conditions of approval require the plat to
be amended to reflect Figure 2.10 of the Mixed Use Development Design Standards
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 road
improvements. 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 Weld County
Public Works Department and Department of Planning Services require an
improvements agreement in accordance with Sections 12 and 13 of the Weld County
Subdivision Ordinance.
G. Section 6.4.3.1.7- 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 subject site is located within
the Flood Hazard Overlay District. Conditions of approval ensure that the applicant
will address all requirements of the Flood Hazard Overlay District as specified in
Sections 26 and 53 of the Weld County Zoning Ordinance. Western Paving
Construction Company previously extracted the mineral deposit under USR-551. A
condition of approval requires the applicant to vacate USR-551. The Colorado
Geological Survey indicated no conflict in the referral response received February
23, 1999, and the Longmont Soil Conservation District indicated one concern which
is addressed in conditions of approval. At the time of these comments, the Colorado
Division of Wildlife had not yet submitted a referral response. The applicant should
be aware that the Division will have the opportunity to comment on future
applications and may require the property to be evaluated and studied for Preble's
Meadow Jumping Mouse and other threatened or endangered species' habitat.
H. Section 6.4.3.1.8- Consistency exists between the proposed zone district(s), USES,
the Specific or Conceptual Development Guide. The proposal will be consistent with
the R-1 zone district as the application does not propose to deviate from the bulk
requirements. Conditions of approval ensure compliance with the Specific
Development Guide.
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This recommendation for approval 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.
The Change of Zone from A (Agricultural) to PUD for ten(10)lots with Residential zone uses
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 applicant shall submit new evidence to the Dept. of Planning Services from Left
Hand Water District which indicates that an agreement has been reached and that
water is currently available. (Dept. of Planning Services)
B. In accordance with Section 9.3.2.5, the applicant shall submit a description of the
proposed park ("community beach and boat dock for the common use of all
residents" as specified in the sketch plan application materials), type of proposed
grasses (if applicable), plant species and any structures located in the park (i.e. boat
dock, etc.).
C. The landscape map shall be amended to provide a typical cross section which
delineates the dimensions and type of trail material in accordance with Section
9.3.2.5. (Dept. of Planning Services)
D. The applicant shall submit evidence to the Department of Planning Services
verifying that the American Medical Response of Colorado has the capability and
willingness to adequately serve the proposed development. (Dept. of Planning
Services)
E. The applicant shall submit a letter to the Department of Planning Services requesting
vacation of USR-551 for Western Paving Construction Company. The Department
of Planning Services will present such letter to the Board of County Commissioners
to consider such vacation.
F. The applicant shall submit a Planning Area Profile as requested in the sketch plan
comments and in accordance with MUD.Policy 6.22. The profile should contain
public facilities and services data, socioeconomic data, natural environmental
resources, and visual and cultural resources. The purpose of this information would
be to provide the user the existing conditions, opportunities, and constraints within
the 1-25 Mixed Use Development area.
G. The applicant shall contact the Weld County Long Range Planner to investigate
potential for connection of the recreational trail to planned regional trails in the area
in accordance with MUD.TGoal 2 which states, "Promote a pedestrian trail system
to service transportation and recreation purposes within the MUD area."
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H. The Change of Zone plat shall meet all requirements of Section 9.2 of the PUD
Ordinance #197 and shall be amended to include the following:
1) A dedication of an additional 20 feet for a total of 50 feet of right-of-way from
the center or section line of WCR 7 for future expansion of WCR 7. (Public
Works)
2) The plat shall delineate the "community beach and boat dock for the
common use of all residents" as specified in the sketch plan application
materials. (Dept. of Planning Services)
3) The plat shall delineate right-of-way, parking, curb, gutter and sidewalks on
the interior road as specified in the Weld County Public Works' referral dated
February 16, 1999. (Public Works)
4) The typical road cross section shall be amended to conform to Figure 2.10
of the Mixed Use Development design standards. (Public Works)
5) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. Evidence of Postal Service approval shall be
submitted to the Department of Planning Services. (Dept. of Planning
Services)
The following notes shall be delineated on the Change of Zone plat:
1) The PUD shall consist of ten (10) lots approved for Residential zone district
uses and non-buildable common open space. The Change of Zone allows
for Residential uses which shall comply with the Residential Zone District
requirements as set forth in Section 32 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). (Dept. of Planning Services)
2) The area labeled "Area of Future Residential Development" shall be limited
to the specific area as delineated on the plat. This area shall require
separate PUD Sketch Plan and Final Plan applications to develop. The
applications on this area shall adhere to the regulations and development
standards in place at the time of application. Proposed development of this
area shall be consistent with the eight lots of similar density as proposed in
sketch plan S-470 as those proposed desities were the basis for the
Department of Planning Services' consideration in determining appropriate
level of development in the Limiting Site Factors area. Designation of such
future development area does not create a vested right in those lots.
3) Water service shall be provided by Left Hand Water District. (Health Dept.)
4) Sewage disposal service shall be provided by St. Vrain Sanitation District.
(Health Dept.)
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37i3_
5) In the event that five (5) or more acres are disturbed during the construction
of the site, the applicant shall obtain a stormwater discharge permit from the
Water Quality Control Division of the Colorado Department of Public Health
and the Environment. Silt fences shall be maintained on the downgradient
portion of the site during all parts of the construction phase of the project.
(Health Dept.)
6) During development of the site, all land disturbance shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Health Department, a fugitive
dust control plan must be submitted. (Health Dept.)
7) In accordance with the Regulations of the Colorado Air Quality Control
Commission any development that disturbs more than five (5) acres of land
must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions. (Health Dept.)
8) If land development creates more than a 25 acre contiguous disturbance, or
exceeds six (6) months in duration, the responsible party shall prepare a
fugitive dust control plan, submit an air pollution emissions notice, and apply
for a permit from the Colorado Department of Public Health and
Environment. (Health Dept.)
9) The site shall adhere to and maintain compliance with the Flood Hazard
Overlay District requirements as specified in Sections 26 and 53 of the Weld
County Zoning Ordinance. (Dept. of Planning Services)
10) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
11) All development shall adhere to the requirements of the Mountain View Fire
Protection District. (Mountain View Fire Protection District)
12) Any signage located on the property shall require building permits and
adhere to Section 6.3.6.3 of the Weld County PUD Ordinance when
applicable. (Dept. of Planning Services)
13) Prior to the release of any building permits, foundations shall be engineered
at each separate building site. (Weld County Building Inspection)
14) The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Health Department,
and the Weld County Department of Planning Services.
15) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
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16) 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 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. The Final Plan application shall adhere to Section 7.3 of the Weld County PUD Ordinance
#197, and shall specifically address the following as well:
A. The Final Plan application shall include a draft Road Improvements agreement for
off-site improvements with Weld County which includes the future expansion of
WCR 7. The applicant will be responsible for future expansion to match half the
arterial/four lane with painted median at the time that WCR 7 is expanded to a four-
lane roadway.
B. The Final Plan application shall include evidence that the conditions of St. Vrain
Sanitation District have been addressed and that taps are available.
C. The Final Plan application shall include evidence that the conditions of St. Vrain
Valley School District RE-1J have been addressed.
D. The Final Plan application shall specify the Homeowner's Association's method of
trail maintenance. (Dept. of Planning Services)
E. The draft covenants shall include the Right to Farm covenant contained in the Weld
County Comprehensive Plan.
F. The Final Plan application shall include a draft on-site improvements agreement in
accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance.
The improvements agreement shall include streets, curb, gutter, sidewalk,
emergency access, trail, landscaping of the common open space and any other
appropriate construction elements. (Dept. of Planning Services)
G. The draft covenants and homeowner's association shall address open space
maintenance and landscaping in accordance with Section 6.3.3.2.
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4. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and stop signs, as required by
Weld County Public Works, at the appropriate location adjacent to Weld County
Road 7. (Weld County Public Works)
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4 DEPARTMENT OF PLANNING SERVICES
KitPHONE (970) 353-6100, 6342
(FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
hiDe.
GREELEY, COLORADO 80631
COLORADO
February 3, 1999
Donald LaFaver
2185 Pine Drop
Golden, CO 80401
Subject Z-522 - Request for a Change of Zone from A(Agricultural) to PUD for ten (10) residential lots
zoned R-1 on a parcel of land described as Lot B of RE-2330; being part of the N2NE4 of Section
16, T2N, R68W of the 6th P.M., Weld County, Colorado.
Dear Mr. LaFaver:
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 April 6, 1999, at 1:30 p.m. This meeting will take
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 Firestone, Frederick, and
Longmont Planning Commission for their review and comments. Please call Town of Firestone at 303-833-
3291; Town of Frederick at 303-833-2388; and City of Longmont at 303-651-8330 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 Firestone, Frederick, and Longmont 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 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,
Cd3E6i
Scott Ballstadt
Planner EXHIBIT
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