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HomeMy WebLinkAbout982534.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant JER, a Partnership Case Number S-449 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Comments (5 pages) X 3 Memo and letter requesting continuance(2 pages) X 4 Letter to applicant X 5 Planning Commissioner field check form X 6 Legal*(2 pages) X 7 Application(19 pages) X 8 Referral list and form(2 pages) X 9 Town of LaSalle referral 3/13/98 X 10 West Greeley Soll Conservation District referral 5/10/98 X 11 Weld County Health Dept referral and related 10/14/98(8 pages) X 12 ColoradoGeological Survey referral and related 5/8/98(3 pgs) X 13 Weld County Public Works Dept referral 3/5/98(2 pages) X 14 City of Greeley referral 3/13/98(3 pages) X 15 City of Evans referral 3/10/98(2 pages) X 16 Weld County Building Inspection Department referral 2/25/98 X 17 DPS Maps Prepared by Planning Technician (4 pages) X 18 Surrounding Property Owners (16 pages) X 19 Utilities(10 pages) X 20 SPO letter from Gail&John Sanger 4/6/98 X 21 Hamblen memo x 22 sewer plant agreement x 23 vicinity map(copy of overhead) x 24 prelim plan x 982534 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. c()O0( Winekt-- Scott Ballstadt +S Planner II STATE OF COLORADO ) COUNTY OF WELD )SUBSCRIBED and SWORN TO BEFORE ME THIS a/ day of 0Mre p�jiZ 19 /0 . SEAL i p Af TARY PUBLIC V000/ MY COMMISSION EXPIRES At4eD. MAJOR SUBDIVISION PRELIMINARY PLAN ADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: S-449 PLANNER: Scott Ballstadt APPLICANT: JER, a Partnership ADDRESS: do 1317 15th Avenue, Greeley, Colorado 80631 REQUEST: Major Subdivision Preliminary Plan for Hill-n-Park 5th Filing containing 18 lots zoned MH-UD (R-5) LEGAL DESCRIPTION: Part of the SW1/4 of Section 26, T5N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to 47th Avenue & north of and adjacent to Mesa Verde Drive ACRES: 9.746 PARCEL#0959 26 300004 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 6.2 of the Weld County Subdivision Ordinance, as amended. 2. The submitted materials are in compliance with Section 6.3.1.9 of the Weld County Subdivision Ordinance, as amended as follows: 6.3.1.9.1 That the proposed subdivision is located within an Urban Growth Boundary area as defined and adopted in any approved intergovernmental agreement(s), or as defined in the Weld County Comprehensive Plan. UGB.Policy 2.2 states, "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." Additionally, the Urban Growth Boundary section of the Weld County Comprehensive Plan states, "Development adjacent to municipalities is appropriate if municipal services can be extended to serve the area, and if the municipality wants to expand in that location and manner." The City of Evans has taken over the Hill-n-Park wastewater treatment plant. Municipal water and sewage disposal is proposed to be provided by the City of Evans. The City has reviewed the proposal and their requirements are addressed through this application and the attached conditions of approval. 6.3.1.9.2 Compliance with the Weld County Comprehensive Plan and the zone district which the proposed subdivision is located. R.Goal 1 states, "Promote the development of affordable, quality housing for all Weld County residents,"while R.Policy 1 further states, "Opportunities for multiple-family and manufactured home developments should be provided to encourage lower-cost renter Service,Teamwork,Integrity,Quality and owner occupied housing." In accordance with UGB.Policy 3.4, condition of approval #2b requires the applicant to, "submit financial data and analysis on direct and indirect public service impacts, including those on roads, schools and public safety, as well as data on public costs and potential revenue, demonstrate that the proposed use is economically neutral or beneficial to the County," prior to accepting a Final Plat application. The proposal also demonstrates compliance with the MH-UD (R-5) zone district in which the proposed major subdivision is located. The Change of Zone to MH-UD was recorded on January 5, 1971. The application does not propose any deviation from and shall adhere to the Bulk Requirements listed in Section 32.7 of the Weld County Zoning Ordinance. 6.3.1.9.3 Comments received from referral agencies have been addressed, if applicable. Comments received from referral agencies have been addressed or are required to be addressed by the applicant prior to submittal of the Major Subdivision Final Plat. 6.3.1.9.4 That definite provision has been made for a water supply that is sufficient in terms of quantity, dependability and quality to provide water for the subdivision, including fire protection. The applicant has indicated that West Hill-n-Park, Inc. has an existing agreement with the City of Evans for sufficient water taps. The applicant has indicated that approximately 60 taps are remaining and available. According to the applicant and the City of Evans, stub-outs were installed when the water line was relocated to the right-of- way. Condition of Approval#2a requires documentation of such water service prior to acceptance of the Final Plat submittal. 6.3.1.9.5 That, if a public sewage disposal system is proposed, provision has been made for the system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the subdivision. Definite provision has been made for sewage disposal. The City of Evans has indicated that the Hill-n-Park wastewater treatment plant has the capacity to adequately serve the proposal. 6.3.1.9.6 That streets within the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic needs of the subdivision in accordance with the requirements set forth in Section 10 of this Ordinance. Streets within the major subdivision will be adequate in functional classification, width and structural capacity to meet the traffic needs of the subdivision in accordance with the requirements set forth in Section 10 (Design Standards) of the Weld County Subdivision Ordinance. In accordance with Section 10.2.1 of the Subdivision Ordinance, interior streets are required to be paved in a major subdivision. Mesa Verde Drive was constructed in the 4th Filing and has been approved by the Weld County Public Works Department. Service,Teamwork, Integrity,Quality 2 6.3.1.9.7 That off-site street or highway facilities providing access to the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. Access to the 5th Filing from an off-site highway will be from Weld County Road 52 as is the case with the first four filings. The Weld County Public Works Department has reviewed finds no conflicts. 6.3.1.9.8 That facilities providing drainage and stormwater management are adequate. The Weld County Public Works Department has approved the primary drainage report for the proposal. Condition of approval #2g requires an improvements agreement including collateral for the detention pond facility prior to acceptance of the Final Plat application. 6.3.1.9.9 The subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, hospital, solid waste disposal, and other services. The City of Evans has committed to service the proposal with water and sewage disposal. The applicant has also addressed the City of Evans' referral requirement by delineating a 25-foot utility easement between Lots 2 and 3. Utility easements along side lot lines as required by the Weld County Utility Advisory Committee are addressed through condition of approval #1a. The City of Greeley indicated that the subdivision meets their comprehensive plan requirements, but further states that this type of development should not be encouraged. Weld County School District 6 indicated no conflict in a referral response received during the Sketch Plan process. The Milliken Fire Protection District did not respond to referral requests at the Sketch Plan or Preliminary Plan stages. Conditions of approval #2c, 2d and 2e require the applicant to submit evidence that any requirements of the fire district, school district and Weld County Sheriffs office have been satisfactorily addressed. 6.3.1.9.10 The subdivision will not cause air pollution violations based on Colorado Department of Public Health and Environment standards. The Weld County Health Department reviewed the proposal and does not have air pollution concerns. 6.3.1.9.11 The subdivision conforms to the subdivision design standards of Section 10. The Weld County Public Works Department and Department of Planning Services has reviewed the proposal and has determined that it in conformance with Section 10. 6.3.1.9.12 The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land, and historical sites. The proposal will expand an existing residential development, Hill-n-Park Filings 1 -4 (approximately 450 lots), and is surrounded by other residential developments including Service,Teamwork, Integrity,Quality 3 Indian Hills (21 lots), Dos Rios (51 lots) and Arrowhead (63 lots). Additionally, the proposal incorporates the small area of floodplain (potential wildlife habitat) into the 2.6 acres of proposed open space. This recommendation is based, in part, upon a review of the application materials submitted by the applicants, other relevant information regarding the request and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The Major Subdivision Preliminary Plan plat shall be amended to delineate: a. Ten-foot utility easements along side lot lines of all lots with the exception of the lot line separating Lots 2 and 3, which contain 12.5-foot utility easements on each lot along this line, for a total of a 25-foot utility easement in accordance with the City of Evans' referral received March 10, 1998. Landscaping within this easement shall be limited to shrubbery and small trees with non-intrusive root systems. b. All existing and proposed landscaping, including the existing row of pine trees and landscaping of the open space area. c. Location of building envelopes identified on each of the residential lots. All proposed future structures shall adhere to the Bulk Requirements for the R-5 zone district as set forth in Section 32.7 of the Weld County Zoning Ordinance. d. The current Right to Farm covenant in the Weld County Comprehensive Plan. e. The location of any existing or possible future oil and gas drill site locations. 2. Prior to recording the Preliminary Plan plat, the applicant shall submit evidence to the Department of Planning Services that the unauthorized access points along the northern property line have been closed to the Departments' satisfaction. 3. Prior to acceptance of the Major Subdivision Final Plat submittal by the Department of Planning Services, the applicant shall provide the following: a. Adequate documentation that definite provision has been made for a water supply that is sufficient in terms of quantity, dependability and quality to provide water for the subdivision, including fire protection. The applicant has indicated that there is an existing agreement with the City of Evans. b. Submit financial data and analysis on direct and indirect public service impacts, including those on roads, schools and public safety, as well as data on public costs and potential revenue, demonstrate that the proposed use is economically neutral or beneficial to the County in accordance with UGB.Policy 3.4 of the Weld County Comprehensive Plan. Service,Teamwork, Integrity,Quality 4 c. Evidence from the Milliken Fire Protection District that all requirements have been satisfactorily addressed. d. Evidence from Weld County School District 6 that all requirements have been satisfactorily addressed. e. Evidence from the Weld County Sheriffs office that all requirements have been satisfactorily addressed. f. Final, revised copy of declaration of covenants, grants of easement and restrictions imposed upon any land, buildings and structures within the major subdivision. This document shall be amended to include, but not be limited to: 1) The current Right to Farm covenant in the Weld County Comprehensive Plan. 2) Allowed uses and maintenance of the open space area. Maintenance shall specify Homeowner's Association responsibilities, funding of maintenance, etc. g. Completion of an Improvements Agreement According Policy Regarding Collateral for Improvements to guarantee completion of on-site improvements, specifically, the detention pond facility and landscaping. 4. The Final Plat application shall include: a. The following notes shall be placed on the plat: 1) All construction shall occur in accordance with the recommendations contained in the Geotechnical Engineering Report (April 1998) prepared by Terracon for West Hill-n-Park 5th Filing, including implementation of a groundwater monitoring plan, and the Colorado Geological Survey referral. 2) Each structure shall require an engineered foundation per the Weld County Building Inspection Department. 3) No permanent disposal of wastes shall be permitted at this site. 4) Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. b. All application requirements set forth in Section 7.2 of the Weld County Subdivision Ordinance, as amended. Service,Teamwork, Integrity,quality 5 MEMORANDUM WITO: Weld County Planning Commission April 13, 1998 COLORADO From: Todd A. Hodges, Current Planner II 'SUBJECT: S-449 (Major Subd. Preliminary Plan - Hill n Park 5th filing) The applicant for S-449 is requesting a continuance to have the opportunity to address and/or resolve issues identified in referral agency comments. The Department of Planning Service's staff recommend that the hearing for S-449 be continued indefinitely for the applicant to respond to referral agency comments and staff review of the applicants response. Public notice will be given when a new hearing date is chosen. I have attached a copy of the applicants letter requesting the continuance. MAR 30 190 10:22AM VERSAR INC. COLORADO 303 452r723G P.22 March 30, 1998 Todd Hodges Weld County Planning Services 1400 N. 17"Avenue Cireeley, Colorado 80631 Subject: West Hill n Park 5' - S449 Dear Mr. Hodges On the behalf of JER, a Partnership and West Hill n Park Inc., I am requesting that the above referenced case be continued. We are requesting the continuation in order to address and/or resolve issues identified in comments from some of the reviewing agencies. If you have any questions, or if we can be of other assistance, please contact me at 686-7200 ext. 415 or 353-5535. Sincerely /7,7— Michael T. Thomas 03/30/98 10:26 TX/RX NO.0541 P.002 In ^ DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 352-63 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Ci COLORADO February 23, 1998 Jer, a Partnership do 1317 15th Avenue Greeley, CO 80631 Subject: 5-449- Request for approval of a Major Subdivision preliminary plan for Hill-n-Park 5th Filing on a parcel of land described as Part of the SW4 of Section 26,TSN, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday,April 7, 1998, at 1:30 p.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, March 12, 1998, at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue,Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration 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 Evans,Garden City,Greeley and LaSalle Planning Commission for its review and comments. Please call City of Evans at 970-339-5344,Town of Garden City at 970-351-0041,City of Greeley at 970-350-9780, and Town of LaSalle at 970-284-6931, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. A representative from the Department of Planning Services will be out to the property 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 under consideration 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 post a second sign 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. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely --c741✓� tom+ Todd A. H e as Curren[ Planner II 4s FIELD CHECK {I CASE NUMBER: S-449 DATE OF INSPECTION: 3_.3-90 APPLICANTS NAME:JER, a Partnership CURRENT PLANNER:Todd A. Hodges REQUEST: Major Subdivision preliminary plan for Hill-n-Park 5th Filing LEGAL DESCRIPTION: Part of the SW4 of Section 26, T5N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: East and adjacent to 47th Avenue; north and adjacent to Mesa Verde Drive. For a more precise location, see legal. 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