HomeMy WebLinkAbout982295.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Bill Hall/Lindies Lake Case Number Z-515
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Comments (8 pages) X
3 Letter to applicant X
4 Planning Commissioner field check X
5 Legals (2 pages) X
6 Application (11 pages) X
7 Referral list and form (2 pages) X
8 Weld County Public Works referral 8/14/98 (2 pages) X
9 Weld County Health Department referral 8/13/98 (2 pages) X
10 Colorado Geological Survey referral 9/2/98 (3 pages) X
11 North Side Lateral & Extension Ditch Co. referral 8/25/98 X
12 Army Corps of Engineers referral 8/28/98 (3 pages) X
13 Colorado Dept.of Transportation referral 8/21/98 X
14 Galeton Fire Protection District referral 8/13/98 (2 pages) X
15 West Greeley Soil Conservation District referral 8/13/98 (2 pages) X
16 Weld County Building Inspection Dept. referral 8/4/98 X
17 Maps (2 pages) X
18 Surrounding Property Owners (18 pages) X
19 North Weld County Water District letter dated July 28, 1998 X
20 Public Service Co. letter dated 7/31/98 X
21 Colorado Geological Survey letter dated 9/11/98 X
i EXHIBIT
982295 I /oZ
I hereby certify that the 21 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. n
cr
Scott Ballstadt + Planner II
STATE OF COLORADO )
COUNTY OF WELD )SUBSCRIBED and SWORN TO BEFORE ME THIS i(fp (�G day of 19 7p .
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✓ NOTARY PUBLIC
MY COMMISSION EXPIRES 9/�J ,7+W/
982295
6ari CHANGE OF ZONE
IiikADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-515
PLANNER: Scott Ballstadt
APPLICANT: Bill Hall
ADDRESS: 1220 11th Avenue, Suite 201, Greeley, Colorado 80631
REQUEST: PUD Change of Zone to create seven (7) E (Estate) zoned lots with open space
LEGAL DESCRIPTION: Part of the NW1/4 of Section 20, T6N, R64W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to State Highway 392 & east of and adjacent to WCR 51
ACRES: 80.3 PARCEL#0801 20 000064
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 21.4
of the Weld County Zoning Ordinance, as amended.
2. The submitted materials are not in compliance with Section 21.5 of the Weld County Zoning
Ordinance, as amended as follows:
A. Section 21.5.1.1 - That the proposal is not consistent with the Weld County
Comprehensive Plan.
1) A.Goal 3 states "Discourage urban-scale residential, commercial, and
industrial development which is not located adjacent to existing incorporated
municipalities." A.Policy 3 further specifies, "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 I-25
Mixed Use Development area and urban development nodes. This policy is
intended to promote conversion of agricultural land in an orderly manner
which is in harmony with the phased growth 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. In addition,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 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.Goal 3.
powService,Teamwork, Integrity,Quality 982295 i
2) UGB.Goal 2 states, "Concentrate urban development in or adjacent to
existing municipalities or the 1-25 Mixed Use Development area and maintain
urban growth boundary areas that provide an official designation between
future urban and non-urban uses." 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 boundary area. Therefore, the
proposal does not comply with UGB.Goal 2.
3) 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 have not been
and are not proposed to be provided to this site and the proposal is located
outside an urban growth boundary area. Therefore, the proposal does not
comply with R.Policy 3.
B. Section 21.5.1.2 - The uses which would be allowed on the subject property by
granting the change of zone will not be compatible with the surrounding land uses.
The surrounding property is agricultural in nature and non-urban in impact. The
application proposes urban scale development in a non-urban area. The right-to-
farm covenant would be required to be placed on the plat thus informing any new
residents that the surrounding area is agricultural in nature.
C. Section 21.5.1.3 -Adequate water and sewer service can be made available to the
site to serve the uses permitted within the proposed zone district. The application
does propose public water to be provided by North Weld County Water District,
however, each lot is proposed to be served by an individual septic system. Septic
systems would be required to comply with Individual Sewage Disposal System
(ISDS) requirements and specifications, however, a concentration of more than five
(5) septic systems does not meet the established standards for adequacy.
D. Section 21.5.1.4 - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. The
application proposes a 50' x 10' school bus stop and deceleration lane along Weld
County Road 51 to accommodate traffic and a paved internal road. An
improvements agreement would be required at the Final Plat. The Weld County
Public Works Department requires an additional 10 feet, for a total of 40 feet from
centerline, right-of-way reservation for future build out of Weld County Road 51.
E. Section 21.5.1.5 - In those instances where the following characteristics are
applicable to the rezoning request, the applicant has not demonstrated compliance
with all applicable standards:
1) Section 21.5.1.5.1 - The proposed change of zone does not lie within any
overlay district identified by the maps officially adopted by Weld County. The
proposal is not located within an urban growth boundary area.
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382295
2) Section 21.5.1.5.2 -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.
3) Section 21.5.1.5.3 - Soil conditions on the site are such that they present
moderate or severe limitations to the construction of structures or facilities
proposed for the site. According to the Colorado Geological Survey, the
applicant has not demonstrated that the limitations can be overcome. In a
referral response received September 2, 1998, the Colorado Geological
Survey indicated that they "cannot recommend approval" due to several
concerns including septic suitability, wetlands and potential for water
pollution.
3. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts: The referral response received August 13,
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). The Habitat Assessment prepared by Wildland Consultants, Inc.
and included in the application materials indicates "Lots 1 and 2 include ... large
areas of wetlands" and "may require that additional acreage of wetlands be filled."
The U.S. Army Corps of Engineers requires appropriate permits to be obtained and
any wetlands on the property be identified and mapped pursuant to Section 404 of
the Clean Water Act. As previously mentioned, the Colorado Geological Survey
indicated that they "cannot recommend approval" due to several concerns including
septic suitability, wetlands and potential for water pollution.
B. Section 6.3.2 Service Provision Impacts: The North Side Lateral and North Side
Extension Ditch Company has indicated concerns pertaining to ditch access and the
"common trail area" which need to be addressed. The Galeton Fire Protection
District also is requiring a "dry fire hydrant". The applicant has indicated that he will
resolve these issues. Referral responses received from the Weld County Public
Works and Health Departments also indicate concerns which would need to be
addressed at the Final Plat.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape
Plan. The Plan is not in accordance with Section 9.3 of the Weld County Planned
Unit Development Ordinance (Ordinance 197). Section 9.3.2.1 requires location of
all existing and proposed plant materials including grasses and other landscape
features to be delineated. Section 9.3.2.5 also requires the dimensions and type of
trail material proposed.
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites
advantages and limitations. The design options on this site are limited by the size
and location of the lake.
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982295
E. Section 6.3.5 Common Open Space Usage: The application proposes 44.9 acres
of common open space, or approximately 55.9% of the site. 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).
F. Section 6.3.6 Proposed Signage: The applicant is proposing appropriate signage as
required by the Weld County Public Works Department.
G. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the
Mixed Use Development area.
H. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed change of zone
does not lie within any Intergovernmental Agreement area.
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. A summary of the primary concerns is as follows:
1) 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. This contradicts numerous comprehensive plan goals and
policies, as well as the definitions of urban scale development and non-urban scale
development as stated in the Weld County Zoning, Subdivision and PUD
Ordinances.
2) Each of the seven (7) residential lots is proposed to be served by an individual septic
system. The Weld County Comprehensive Plan, "encourage(s) a compact form of
urban development (developments exceeding 5 lots) 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."
3) A referral response received September 2, 1998, the Colorado Geological Survey
indicated that they"cannot recommend approval" due to several concerns including
septic suitability, wetlands and potential for water pollution.
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982295
Z-515 Lindies Lake/Bill Hall
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 Estate Seven Lot Subdivision 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. 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 final plat shall delineate 40-feet reserved right-of-way from the centerline
of Weld County Road 51. (Public Works Dept.)
3) The final plat shall clarify the northern and western property boundaries not
to include State Highway 392 and Weld County Road 51 right-of-way. (Dept.
of Planning Services)
4) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
5) The final plat shall delineate one common open space lot which includes
Lindies Lake as well as the 10.9 acre area currently labeled "Tract A". This
lot shall be labeled "Non-buildable common open space". Any reference to
"Tract A" shall be removed from the plat.
B. The applicant shall submit evidence to the Department of Planning Services that the
concerns of the North Side Lateral and North Side Extension Ditch Company have
been addressed. (Dept. of Planning Services)
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982295
C. The applicant shall submit evidence to the Department of Planning Services that the
concerns of the Galeton Fire Protection District have been addressed. (Dept. of
Planning Services)
D. The applicant shall submit evidence to the Department of Planning Services that the
Eaton School District RE-2 has been contacted and any requirements have been
addressed. (Dept. of Planning Services)
E. The applicant shall submit a revised landscape plan which delineates existing and
proposed plant materials (i.e. tree species), trail detail and other requirements of
Section 9.3 of the Planned Unit Development Ordinance (Ordinance 197). The
landscape plan shall also specify the Homeowner's Association's method of open
space maintenance. (Dept. of Planning Services)
F. The applicant shall submit evidence to the Dept. of Planning Services from North
Weld County Water District which indicates that all requirements of the District are
satisfied. (Department of Planning Services)
G. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of seven (7) Estate zoned lots and one (1) non-
buildable common open space lot. The Change of Zone allows for Estate
uses (7 lots)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).
(Dept. of Planning Services)
2) Water service shall be provided by the North Weld County Water District.
(Health Dept.)
3) A Weld County Septic Permit is required for the proposed home septic
systems and shall be installed according to the Weld County Individual
Sewage Disposal Regulations. All septic systems shall be installed a
minimum of two hundred (200) feet from Lindies Lake, with the exception of
Lot 2 which must lie a minimum of one hundred fifty (150) feet from Lindies
Lake. (Health Dept.)
4) Silt fences shall be maintained on the downgradient portion of the site during
all phases of construction on all lots in the development. (Health Dept.)
5) The open space maintenance shall include removal of manure in a manner
that will prevent nuisance conditions and will not allow runoff into Lindies
Lake. The manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors, flies, insect pests or pollutant
runoff. (Health Dept.)
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982295
6) The site shall be developed in accordance with the recommendations
contained in the Geologic and Mineral Evaluation prepared by Foundation
and Soils Engineering, March 1998. (Dept. of Planning Services)
7) Any signage located on the property shall require building permits and
adhere to Section 42.2 of the Weld County Zoning Ordinance. (Dept. of
Planning Services)
8) 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.
9) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
10) Outdoor storage shall be screened from public rights of ways, and adjacent
properties. (Dept. of Planning Services)
11) The Right To Farm Covenant as stated in the Weld County Comprehensive
Plan shall be recognized at all times. (Dept. of Planning Services)
12) Foundations, any subgrade construction and/or the use of any fill to increase
the grade on each lot shall require an evaluation and recomendation from a
Colorado Registered Engineer on a lot-by-lot basis. Construction shall
strictly adhere to such recommendation. (Weld County Building Inspection
& Colorado Geological Survey)
13) Perimeter drains shall be required for any structure proposing subgrade
construction. (Colorado Geological Survey)
14) Dewatering equipment shall be present on site during foundation excavation.
(Colorado Geological Survey)
15) 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)
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982295
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 51.
B. Foundations shall be engineered at each separate building site. (Weld County
Building Inspection)
C. Foundations, any subgrade construction and/or the use of any fill to increase the
grade on each lot shall require an evaluation and recomendation from a Colorado
Registered Engineer on a lot-by-lot basis. Construction shall strictly adhere to such
recommendation. (Weld County Building Inspection & Colorado Geological Survey)
Service,Teamwork, Integrity,Quality 8
^''295
(ice Les :- . DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
111k.
COLORADO
August 4, 1998
Bill Hall
1220 11th Avenue, Suite 201
Greeley, CO 80631
Subject Z-515 - Request for a Planned Unit Development Change of Zone from A (Agricultural) to E
(Estate) on a parcel of land described as Part of the NW4 of Section 20, T6N, R64W of the 6th
P.M., Weld County, Colorado.
Dear Mr. Hall:
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 September 15, 1998, at 1:30 p.m. This meeting
will take place in the County Commissioners' Hearing Room, First Floor,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.
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) interpects 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,
Segr 6casrr
Scott Ballstadt
Planner II
EJCF'[i�T
9S2293
FIELD CHECK
FILING NUMBER: Z-515 DATE OF INSPECTION: I 1-3/149 8
APPLICANT'S NAME: Bill Hall/Undies Lake
PLANNER: Scott Ballstadt
REQUEST: Planned Unit Development Change of Zone from A(Agricultural)to E (Estate).
LEGAL DESCRIPTION: Part of the NW4 of Section 20, T6N, R64W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to State Hwy 392; east of and adjacent to Weld County Road 51.
LAND USE:
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ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
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EXHIBIT
982295 I 14
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