HomeMy WebLinkAbout981045.tiff HEARING CERTIFICATION
DOCKET NO. 98-18
RE: CHANGE OF ZONE FROM A (AGRICULTURAL) AND R-1 (RESIDENTIAL) TO PUD
(PLANNED UNIT DEVELOPMENT) FOR E (ESTATE) ZONING TO ALLOW FOR 66
RESIDENTIAL LOTS - MONFORT, INC.
A public hearing was conducted on June 17, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Monica Mika
The following business was transacted:
I hereby certify that pursuant to a notice dated May 28, 1998, and duly published June 3, 1998, in
the Platteville Herald, a public hearing was conducted to consider the request of Monfort, Inc., for
a Change of Zone from A (Agricultural) and R-1 (Residential)to PUD (Planned Unit Development)
for E (Estate) Zoning to allow for 66 residential lots. Bruce Barker, County Attorney, made this a
matter of record. Monica Mika, Director of Planning Services, stated a letter has been received
from the applicant requesting their case be withdrawn. She further stated the Clerk to the Board
sent notices of the withdrawal to surrounding property owners and an article was published in the
June 16, 1998, issue of the Greeley Tribune.
Mr. Barker stated no Board action is required.
981045
PL1244
Cc. /9/-
HEARING CERTIFICATION - MONFORT, INC. (COZ#509)
PAGE 2
This Certification was approved on the 22nd day of June, 1998.
APPROVED:
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ATTEST: � y, BOARD OF COUNTY COMMISSIONERS
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' r� WELD COUNTY, COLORADO
Weld Count le : oars - ��j� iatteuit
Constagce L.Cart,, C air 213,
BY:
Deputy Cler���;,�� �
W. H. W bster, Pro-Tem
TAPE#98-15
orge . Baxter
DOCKET#98-18
Dale . Hall
rbara J. Kirkmeyer
981045
PL1244
EXHIBIT INVENTORY CONTROL SHEET
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray that the following resolution be introduced for passage by the Weld County
Planning Commission along with the reasons stated on page 6 of the recommendation, numbers 2, 3,6,
and 7. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-509 —
NAME: Monfort, Inc., 1918 "AA" Street, Greeley, CO 80632 m
PLANNER: Shani L. Eastin ^, _1
REQUEST: A Change of Zone from A(Agricultural) and R-1 (Residential)to PUD (Planned-Unit
Development) for E (Estate)Zoning to allow for 66 residential lots.
LEGAL DESCRIPTION: The W2 of the E2;the NE4 of the NE4 lying south of the No.2 Ditch; and the N2 of
the SE4 of the NE4 all in Section 23, T6N, R66W of the 6th P.M., Weld County,
Colorado
LOCATION: South of and adjacent to State Highway 392; West of and adjacent to Weld County Road
35; North of and adjacent to "AA" Street
be recommended unfavorably to the Board of County Commissioners.
1. The submitted materials are not in compliance with the application requirements of Section 28.5 of
the Weld County Zoning Ordinance, as amended. Specifically the applicant has failed to meet the
intent of Section 28.5.1.3 which states that the application shall demonstrate that the proposed
PUD rezoning is consistent with the policies of the Weld County Comprehensive Plan. The
application has failed to meet the intent of Section 28.5.1.4 which states that the applicant shall
demonstrate how the uses allowed by the proposed PUD rezoning will be compatible with land
uses surrounding the PUD District. In addition a detailed description of how any conflicts between
land uses within the PUD District are being avoided or mitigated and can comply with Section 35.3
of the Weld County Zoning Ordinance. Section 35.3 of the Weld County Zoning Ordinance
describes the performance standards that the application must adhere to such as compatibility,
common open space,water and sewer provision, site circulation, buffering and screening. The
applicant has failed to demonstrate that this application is compatible with the surrounding area,
which is predominantly agricultural in nature. The open space component, as proposed in the
application materials, does not meet the intent or definition of common open space as defined in
Section 35.3.2 of the Weld County Zoning Ordinance. Traffic impacts onto State Highway 392 may
not be accommodated with the current design and layout of the proposed development. The
Colorado Department of Transportation has indicated that improvements will need to made to State
Highway 392 to accommodate the traffic impact. They further state that these improvements may
not be possible because more than 20 lots are proposed to access the State Highway due to
existing topography issues and lack of right-of-way.
2. The submitted materials are not in compliance with Section 28.7 of the Weld County Zoning
Ordinance as follows:
A. Section 28.7.1.2- That the proposal is consistent with the Weld County
Comprehensive Plan. The proposed development is not in compliance with the
Comprehensive Plan. The proposal is for the development of 66 estate zoned residential
lots.
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RESOLUTION, Monfort, Inc.
Z-509
Page 2
1. A.Goal 3-discourages residential, commercial, and industrial development which
is not located adjacent to existing incorporated municipalities. The subject
property is contigious on the extreme southwest portion of the proposed
development with the City of Greeley's municipal boundaries and 1%miles from
the City of Greeley's Urban Growth Boundary area. The subject property also lies
within three miles from the Town of Eaton's municipal boundaries and 2% miles
from the Towns Urban Growth Boundary area. Conversion of agricultural land to
residential development is discouraged when the subject property is located
outside of a municipalities comprehensive planning area and urban growth
boundary area. The intent of the Comprehensive Plan is to promote conversion of
agricultural land to residential development in an orderly manner which is in
harmony with the phased growth plans of a municipality and the county. The Town
of Eaton has reviewed this request and offers no comment. The City of Greeley
has reviewed this request and recommends denial based on the lack of urban
infrastructure in place to service the proposed development, non-compliance with
their comprehensive plan, and the difficulty of incorporating this type of
development into their municipal boundaries in the future.
2. A.Goal 1 -Preserve prime farmland for agricultural purposes which fosters the
economic health and continuance of agriculture. The preservation of prime
agricultural ground is one of the primary goals of the Weld County Comprehensive
Plan. The subject property is defined as "Prime Farm Ground of National
Importance" on the USDA-Soil Conservation map. The proposed development of
66 residential lots does not enhance or protect the agricultural intent of the county.
The subject site is currently vacant farm ground. It is apparent this property was
in crop production during the growing season. The agricultural industry is an
important element in the County's economy. The market value of agricultural
products and the chain of purchases related to agricultural production contributes
significantly to the County's economy. The Department of Planning Services has
concerns that the development of this property into residential lots is not keeping
with the spirit or the intent of the Weld County Comprehensive Plan.
3. PUD.Policy 4.2-A Planned Unit Development which includes a residential use
should provide common open space free of buildings, streets, driveways or
parking areas. Common open space is defined as any usable parcel of land or
water essentially unimproved and set aside, dedicated, designated or reserved for
public or private use or for the enjoyment of owners or occupants of land adjoining
or neighboring such an area. Common open-space should be designed and
located to be easily accessible to all the residents of the project and usable for
open-space and recreation. The development proposes open space along the
Seeley Lake inlet ditch.The Division of Wildlife, The New Cache la Poudre
Irrigating and Reservoir Company and the Department of Planning Services all
have concerns regarding the placement of open space along the ditch. Further
more,the design of the open space linkage around the proposed streets is not
encouraged or supported by the Comprehensive Plan.
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RESOLUTION, Monfort, Inc.
Z-509
Page 3
B. Section 28.7.1.3- That the uses which would be allowed in the proposed Planned
Unit Development District will conform with the Performance Standards of the
Planned Unit Development District contained in Section 35.3 of the Weld County
Zoning Ordinance. Section 35.3 outlines the Performance Standards required within a
PUD District. Compatibility, common open space,water and sewer provisions, site
circulation, buffering and screening are issues that must be demonstrated within the PUD
application materials. Staff has concerns that while these items have been presented in
the application materials that the proposed development fails to meet the requirements of
the Weld County Zoning Ordinance and Weld County Comprehensive Plan as previously
stated.
C. Section 28.7.1.4- 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 surrounding land uses are
residential to the north and southeast and agricultural uses to the east,west and south.
The City of Greeley reviewed this development and recommends denial based upon non-
compliance with their comprehensive plan. The City of Greeley has annexed land
contigious to the extreme southwest portion of the development. This annexed property is
currently zoned for industrial uses. The proposed residential use is not compatible with an
industrial use. The City and County recommends strongly that this type of development
should not be encouraged outside of an incorporated area or in an area that could be
impacted by an industrial use in the future. The area in question currently abuts two
previous subdivisions, Sonny View Estates and Pinnacle Park,which were platted and
developed in the mid 70's. Neither of these two subdivisions conform to today's standards
as described in the Weld County Zoning and Subdivision Ordinance and the
Comprehensive Plan. The proliferation of residential lots creates a demand for urban type
services such as schools,storm drainage, police and fire protection.
The unincorporated areas of Weld County are not planned for this type of development
such as urban type services and facilities will not be available to service this site.
Conversion of agricultural land to urban-scale residential development is discouraged
when the subject site is located outside of a municipality's comprehensive plan area,
urban growth boundary area, I-25 Mixed Use Development area and urban development
nodes. This policy is intended to promote conversion of agricultural and 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 demand 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.
D. Section 28.7.1.5- That adequate water and sewer service will be made available to
the site to serve the uses permitted within the proposed Planned Unit Development
District. A PUD District with residential uses shall be served by a public water system.
This development is proposed to be serviced by North Weld County Water District for
public water which the District has indicated in their referral will require substantial off-site
improvements to be completed for service to the development.
RESOLUTION, Monfort
Z-509
Page 4
The development is proposing the use of individual septic systems for sewer service.
Many referral agencies including the Weld County Health Department, City of Greeley,
West Greeley Soil Conservation District, Division of Wildlife and Colorado Geological
Survey expressed concerns that such a large number of septic systems in this area may
contribute to a large amount of nitrates in the groundwater thus seeping into Seeley Lake.
The nearest public sewer line,which is the City of Greeley's, is approximately one mile to
the south of the development. A development with an urban scale component involved
should utilize the urban infrastructure of a public sewer supply. Development of this type
which is urban in nature shall provide the urban services required to support the
development. The use of individual septic systems in not keeping with the intent of urban
scale development which requires urban type services.
E. Section 28.7.1.6- 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. Access to the site is
proposed from Weld County Road 35 (35th Avenue), Weld County Road 66 ("AA" Street)
and State Highway 392. A traffic study has not been completed for the project thus a
determination by either the Weld County Public Works Department or the State
Department of Transportation is minimal. Assumptions should not be made as to the
impact on transportation networks surrounding the area. The State has indicated that the
single proposed access onto State Highway 392 would accommodate only 20 lots. They
further state that anything over 20 lots would require highway improvements which can not
be made. Currently Lots 1 through 52 are proposed to have access onto State Highway
392.
F. Section 28.7.1.7- That there has been compliance with the applicable requirements
contained in Section 21.5.1.5 of the Weld County Zoning Ordinance regarding
overlay district, commercial mineral deposits, and soil conditions on the subject
site. The Colorado Geological Survey reviewed this proposed development and
recommend that the development tie into a public sewer line or explore the opportunity for
a installing a community wastewater treatment plant. The Colorado Geological Survey
indicates that the moisture content of the shallow soils,from 3 to 5 feet, is 23% or higher,
which indicates a saturated or near saturated condition. They also state that conventional
septic system are not appropriate under these circumstances. They further state that the
State Health Department requires a minimum of 4 feet of separation between the base of a
leach field and the water table. Many of the lots would not meet this criterion. Those
areas of the development which would be acceptable,yet marginal,the high natural
moisture content of the soils would prevent draining and infiltration and cause the system
to fail early on. Seepage that enters the groundwater will flow into Seeley Lake.
Portions of the subject property are currently operating under a special use permit(USR-
599) for oil and gas drilling. The development does not demonstrate that design measures
have been considered for the current operation of these oil and gas drilling operations.
Through review of this application,the Department of Planning Services finds that this application has
failed to demonstrate compliance with the requirements of Section 28.5 and Section 28.7 of the Weld
County Zoning Ordinance. The Department of Planning Services recommends denial of this request for
the following reasons:
9g lays
RESOLUTION, Z-509
Page 5
1. Non-compliance with the Weld County Comprehensive Plan;
2. Non-availability of public sewer;
3. Transportation issues;
4. Wildlife protection along the Seeley Lake inlet ditch;
5. Lack of common open space linkage for all residents of the proposed development;
6. Location and intensity of the proposed development outside of an urban growth boundary
area; and
7. Soil Limitations for septic systems and seepage of nitrates into Seeley Lake.
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Glenn Vaad Arlan Marrs
Christie Nicklas
Marie Koolstra
Rusty Tucker
Fred Walker
Stephan Mokray
Bruce Fitzgerald
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I,Wendi Inloes, Recording Secretary of the Weld County Planning Commission, do hereby certify that the
above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld
County, Colorado, adopted on January 20, 1998.
Dated the 20th of f1 J��ann��uaary,, 1998.
l Q _��C�:�(/(.CJ�
Wendi Inloes
Secretary
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning
Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners
of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley,
Colorado, at the time specified. All persons in any manner interested in the following proposed
Change of Zone are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a court reporter to make
a record of the proceedings, in addition to the taped record which will be kept during the hearing,
the Clerk to the Board shall be advised in writing of such action at least five days prior to the
hearing. The cost of engaging a court reporter shall be borne by the requesting party.
Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4225,
or fax (970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be
made if, in accordance with the Americans with Disabilities Act, you require special
accommodations in order to participate in this hearing as a result of a disability.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning
Commission may be examined in the office of the Clerk to the Board of County Commissioners,
located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 98-18 Monfort Inc.
1918 AA Street
Greeley, Colorado 80632
DATE: June 17, 1998 TIME: 10:00 a.m.
REQUEST: Change of Zone from A (Agricultural) and R-1 (Residential) to PUD (Planned Unit
Development) for E (Estate) Zoning to allow for 66 residential lots
LEGAL DESCRIPTION: The W% of the E'/; the NEY of the NE% lying south of the No. 2 Ditch;
and the N%of the SE% of the NE% all in Section 23, Township 6 North,
Range 66 West of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to State Highway 392; west of and adjacent to Weld County
Road 35; north of and adjacent to "AA" Street (See Legal Description for precise
location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 28, 1998
PUBLISHED: June 3, 1998, in the Platteville Herald
I TM
ciSIDy5 �
Affidavit of Publication Notice
STATE OF COLORADO Pursuant to the zoning
County of Weld SS. laws aline state ofColorado
aridrieWeldedunNfdping
Ordinance,a public hearing
I A. Winkler Riesel of said County of Adams being *lee held In the Chambers
duly sworn,say that I am publisher of of the Board of County
Commissioners of Weld
PLATTEVILLE HERALD County.
o N Centlenniaa Centerr,,
that the same is a weekly newspaper of general 916 10th Street, First Floor.
circulation was printed and published in the town of Greeley. Colorado, at the
ilmeipecled.Alipersonsln
FORT LUPTON a ymannerintereatedlnthe
talowkig proposed Ch ange
in said county and state that the notice of of Zane are requested to
advertisement,of which the annexed is a true copy has attend and may be heard.
been published in said weekly newspaper for Bnould The applicant of
any Intereited pity desire
me presence of a court
ONE consecutive weeks: that the notice was
reposer to mote a rec-fa
published in the regular and entire issue of every of the pros
number of said newspaper during the period and time adpontot - ..
of publication of said notice and in the newspaper when F the
proper and not in a supplement thereof: that the fins Pew.:shell P Clerk le the
publication of said notice was of contained in the issue _bolo manioc advised in
of said newspaper bearing the date of w,1potwchocllonetsM
eveateRglor totheheosq.
1Mcoatof engagingacroon
JUNE 3. A.D. 1998 and the last l be borne by
hrequestaling.
publication thereof, in the issue of said newspaper, PIeO.cont ctreaelk
bearing date, to the Waft.Mae at
.phone (970) 1N-4000,
the 3rd day of TUNE 1998,that the Extenikm 4226 Or fax
.(97o1 3e2daAw 12A f0 the
said
day
a sge Ywi 0 the
PLATTEVILLE HERALD a...�j1lllabdasonaea be
has been published continuously and uninterruptedly Mader.haeeasdeeaeweh
during the period of at least fifty-two consecutive the Americans with
weeks next prior to the first issue thereof containing Daaelle.e Act,yOu legtke
said notice or advertisement above referred to: and spec.ppar ti this
cammosiallons in
that said newspaper was at the time of each of the heating as ti reset 6f a
publications of said notice duly qualified for that
purpose within the meaning of an act entitled. "An diaablillv.
le IT ALSO KNOWN that
Act Concerning Legal Notices, Advertisements and 1letetnandrtfapttoeer that
Publications and the Fees of Printers and Publishers b,eisst eldCounNManneg
thereof, and to Repeal all Acts and Parts of Acs in Comnesslon may be
Conflict with the Provisions of this Act" approved extmaedlniheofikeO me
April 7, 1921, and all amendments thereof, and Cleats the Board of County
particularly as amended by an act approved,March 30, CamnNdonert located in
C.-
d an act' approved 13, 1931. Center,
County OeMennial
rcur.
the 915 eley, oraei.Thkd
9Flop.Bleeey.Cdpatla./ (� S-e-,
AMRICANT
Publisher MonaA Inc.
1917 AA Street
Greeley,Colorado 10632
Subscribed and sworn to before me this 3rd day
of OOCIWT NO.98-18
DAn: June 17,1998
---1UNE A.D. 1998 toe:lo:00a.m.
� eIIMOIT: Change of Zone
i'1!� "^ /2..!—/ ( /il,) Fortn(rteald tllooto PUD(Ibnred
' Notary Publl Unit Development) tot E
(Sale)Zoning to allow for
/ P.O. BOX 125 do naldentlal lots
WALOESCRIPTION:The WI/
2 of file E1/2;the 641/4 of
FT. LUPTON, CO 80621 e»NE1/4 Nino tout'of me
No.2 Ditch;and the N1/2 0l
the 1E114 of IDe NE1M al in
$.coon 23.TownshPe Nom.
flange 66 West of the 6th
P.M.;WeIdCounN,CppOdo
LOCATION: South of and
! - adacent to State lighwaY
•
392;westotandOdiacentto
' Weld County Road 36:norm
of and adjacent to 'AA'
Sleet(bee Legal Deectlptlan
tot precise location.)
M1.'�.... C.Y.9AICHa
_ .WYELD COUNTY,
r 1 COLORADO
DATED:
My Commission Expires May28.1998
December 27,2001 Published In the Platteville
Herald June 3.1998.
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i CLERIC TO THE BOARD
. PHONE (970) 356-4000, EXT.4218
FAX: (970) 352-0242
P.O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
June 12, 1998
SURROUNDING PROPERTY OWNERS
RE: DOCKET #98-18, June 17, 1998, at 10:00 a.m. Request for Change of Zone from A
(Agricultural) and R-1 (Residential) to PUD (Planned Unit Development) for E (Estate)
Zoning to allow for 66 residential lots - Monfort, Inc.
LEGAL DESCRIPTION: The W'V2 of the EYz; the NE'/ of the NE% lying south of the No. 2
Ditch; and the N% of the SE% of the NE% all in Section 23,
Township 6 North, Range 66 West of the 6th P.M., Weld County,
Colorado
LOCATION: South of and adjacent to State Highway 392; west of and adjacent to Weld County
Road 35; north of and adjacent to "AA" Street (See Legal Description for precise
location.)
This is to inform you that the Board of County Commissioners has received a request from the
applicant, Monfort, Inc., to withdraw its application for the Change of Zone described above.
Docket#98-18 is hereby withdrawn, and any future plans for continuing with the stated project will
require the applicant to start at the beginning of the submittal process and comply with all submittal
requirements in effect at that time.
This letter is an attempt to save the time of those surrounding property owners or other interested
parties who were planning to attend the hearing. If you have questions or need additional
information, please do not hesitate to contact the Clerk to the Board's Office at (970) 356-4000,
Extension 4226.
BOARD OF COUNTY COMMISSIONERS
/S bki
BY: Donald D. Warden
Clerk to the Board
gg �� 4s�
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing, Docket#98-18, was placed in the United States mail, first class mail, postage prepaid,
addressed to the following property owners.
DATED this 28th day of May, 1998.
MONFORT INC NORMAN AND DOROTHY LUEHRING
PO BOX G 16511 HIGHWAY 392
GREELEY CO 80632 GREELEY CO 80631
MONFORT INC LISA OVERTURF
C/O TOM VANDENBERG 16581 HIGHWAY 392
GROUP VICE PRESIDENT GREELEY CO 80631
1918 AA STREET
GREELEY CO 80632 WILLIAM AND GWEN STEPHENS
33127 PIKES PEAK DRIVE
KENNETH, LINDA, AND RHONDA GREELEY CO 80631
ADAMS
3785 NORTH 47TH AVENUE DANNY AND JOANN HART
GREELEY CO 80634 33049 PIKES PEAK DRIVE
GREELEY CO 80631
KEVIN AND CYNTHIA MILLER
4175 AA STREET OGILRY LAND AND IRRIGATION
GREELEY CO 80631 C/O JACK HOLMAN
28236 WELD COUNTY ROAD 58.5
LARRY, STACY, AND KERRI DITTER GREELEY CO 80631
16928 HIGHWAY 392
GREELEY CO 80631 LYCO ENERGY CORPORATION
6688 NORTH CENTRAL EXPRESSWAY
JAMES AND BETTY BARNEY DALLAS TX 75206-3927
ADBAR FARM LIMITED PARTNERSHIP
4167 AA STREET
GREELEY CO 80631
ROBERT AND CLEONA NELSON - 2L, r. L
17540 HIGHWAY 392 Deputy Clerk to the Board
GREELEY CO 80632
DAVID AND JUNE FAGERBERG
3527 CINDY PLACE
GREELEY CO 80631
JULIE ETLING
16381 HIGHWAY 392
GREELEY CO 80631
Gg; o4S
0 Monfort WPldc
Monfort, Inc.
I?Ut11V Haim•
rt
Up#.e Corporate Headquarters
P.O. Box G
JUN 1 0 Greeley, Colorado 80632-0350
1998 (970) 353-2311
June 8, 1998
Ms. Monica Mica
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, Colorado 80631
Re: Removal from the Docket on June 17, 1998
Docket No. 98-18
Dear Ms. Mica,
We are writing this letter to formally request the removal of the Seeley Lake Estates
P.U.D. change of zone, Docket No. 98-18 from the June 17, 1998 Weld County
Commissioners Public Hearing. Due to internal changes within the projects' team
members, we feel that continuing with this change of zone hearing would not be in our
best interests. We understand that if we should proceed with this project in the future, we
will have to start at the beginning of the current Weld County Department of submittal
process and comply with all submittal requirements current at that time.
We appreciate your assistance with this matter. If you have any questions or concerns,
please feel free to call our office.
Sincerely,
alt
Gary White
President, Specialty Companies
Monfort, Inc.
Enclosures
t.' LD COUNTY
January 20, 1998
To: Weld County Commissioners
P.O. Box 758 "i n 0
Greeley, CO 80632
From: Phil and Cynthia Varner
3225 Grand View Dr.
Greeley, CO 80631
Dear Sirs and Madams:
We are deeply concerned and interested in the outcome of any development plans for the
Seeley Lake area. We have been residents of the Sunny View Estates for more than eight
years, and have especially enjoyed the rural lifestyle that it currently offers. We are
concerned with any development plans that would threaten the rural benefits of the area.
You are probably not interested in any wordy, lengthy letters from us describing the
many benefits to our children having growing up years in this rural community, having a
lake and river playground nearby. These have been wonderful years; and any threat to
the many species of wildlife that live in and near the lake, as well as any threat to the
quality and purity of the river and lake (currently not perfect)would be a shame.
Putting aside any questions about the true need for any more housing in this area(at least
two, maybe three homes are currently for sale in the Sunny View Estates neighborhood
for over a year), we would like to focus our main concern on any proposals to annex this
area into the city for development purposes.
We feel that annexation of this area would be a mistake and a disappointment for every
resident of this neighborhood. Aside from this proposal being impractical and expensive,
we feel the area could not support such annexation because of roads,traffic safety issues,
schools, and many more concerns. Please do not consider annexation of this area.
If this area must be developed, please consider only estates on two to six acre lots. This
area cannot support more homes in high density and retain its' current rural flavor.
Thank you for your consideration in this matter.
Respectfully Yours,
Phil D. Varner
ail,:
Cynthia L. Varner
4 EXHIBIT
,roc e .
03/03/98 15:42 FAX PAGE 1e1001
FILE No.784 03/03 '98 16:13 ID:WEL.D CTY GOVT
FAX:9703520242
CLERK TO THE BOARD
PHONE (070)356.-4000, EXT.4218
FAX: (070) 352-0242
1 P.O. BOX 758
GREELEY, COLORADO 80632
O
ORADO
February 2, 1998
Monfort, Inc.
%Tom Vandenberg,
Group Vice President
1918"AA"Street
Greeley, CO 80632
Dear Mr. Vandenberg:
Your application for a Change of Zone from A(Agricultural) and R-1 (Residential) to PUD
(Planned Unit Development) for E (Estate) Zoning to allow for 86 residential lots has been
recommended unfavorably to the Board of County Commissioners by the Planning
Commission. The legal description of the property involved Is shown as part of the W% of the
EY; the NE% of the NEY.lying south of the No. 2 Ditch; and the N'A of the SE% Of the NE'/. all
In Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado
If you wish to be heard by the Board of County Commissioners. it will be necessary for you to
indicate your request by signing the bottom of this letter and returning it to this office. Regular
hearing procedures will then be followed. This includes publishing a Notice of Hearing in the
legal newspaper, an expense to be paid by you.
In order to proceed as quickly as possible, we must receive your reply by March 4, 1998. If we
are not In receipt of your request by that date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Constance L. Harbert, Chair
CLH/eeg ) )
/.
I/we, I: � _ , do hereby request the Board of County
Commissignoe<o consid4Ir the above mentioned application. Y
jt t /l am��7% ,- Pwt-ir Fa.NMe rare mmn,?:,,A;i4/7 )p4s /
70 Prom
l,kr u. c,.alfu..
conM�,. i rno. �•� ;
/a./c..ir.nJ
Minns
03/03/98 15:21 TX/RX N0.0242 P.001
EXHIBIT
MAR 3 ' 98 16 :01 PAGE . 001
‘41)tiri
MEMORANDUM
TO: Board of County Commissioners March 10, 1998
'ilk FROM: Carol Harding
COLORADO
SUBJECT: Change of Zone Application - Monfort's, Inc.
As you are aware, the Change of Zone Application from A (Agricultural) and R-1 (Residential) to
PUD (Planned Unit Development for E (Estate) Zoning to allow 66 residential lots, which was
submitted by Monfort, Inc. was recommended unfavorably to the Board of County Commissioners
by the Planning Commission. Following CTB procedure, a letter was sent to the applicant
explaining that in order to proceed with a hearing before the Board of County Commissioners, a
request to do so should be sent to our office by March 4, 1998. We did receive the request on
March 3, 1998; however, Mr. Lambden, representing Monfort, Inc., requested the hearing date be
delayed until May or June, 1998, which will allow the applicant time to either revise or withdraw its
plan.
This request does not cause any reason for concern in our office since it is at the applicant's
request. (Our normal requirement is to schedule within 45 days to allow a timely hearing.)
CONCUR WITH
REQUEST DISCUSS
George
Bill
Connie
Dale /-
Barbara
g EXHIBIT
�; t.
981oyS
0 Monfort n r ;;T\
Monfort,Inc.
-' .`"l n` 57 Corporate Headquarters
P.O.Box G/80632-0350
1918 AA Street/80631
Greeley,Colorado
(Via Fax 970-352-0242)
(970)35.3-2311
March 3 , 1998
Constance L. Harbert, Chair
Weld County Commissioners
P .O. Box 758
Greeley, Colorado 80632
Re : Monfort Zoning Request
Dear Ms . Harbert :
On behalf of Monfort, Inc. , I request that the Monfort, Inc .
application for a Change of Zone from A (Agricultural) and R-1
(Residential) to P.U.D. (Planned Unit Development) for E (Estate)
Zoning on property described as part of the WM of the Ej4, the NEW
of the NEW lying south of the No. 2 Ditch; and N34 of the SEW of the
NEW all in Section 23 , Township 6 North, Range 66 West of the 6th
P.M. , be set for hearing before the Board of County Commissioners
at a date in May or June, 1998 .
The delay will allow the applicant to revise its plan or withdraw
the same as may be necessary.
Very truly yours,
z'
J. Lambden
Associate General Counsel
/eq
cc : Bruce Barker, Weld County Attorney, P.O. Box 758, Greeley,
Colorado 80632
Shanni Easton, Weld County Planning, 1400 W. 17th Avenue,
Greeley, Colorado 80631
Donald N. Taranto, TST, Inc . , 78 Whalers Way Bldg D. , Fort
Collins, Colorado 80525
R xs y
%(D4ls
I
61141Qt
GREELEY (COLO ) TRIBUNE A3
Monfort
drops Seeley
development
BY ERIC BROWN Proposed
Gnaw Tribune Seeley
Lake
Monfort Inc.is dropping a request \ * Estates
to rezone 219 acres of land west and •• %
north of Seeley Lake to make way for `t
a 66-lot estate development.
hx Seel
"Due to changes within the pro
ject's team members, we feel that Cl
continuing with this change-of .F b
zone hearing would not be in our
beat interest," Gary White, presi- ,e.
dent of Monfort's Specialty Cos., "'
wrote in a letter to Weld County of- At the county's planning commis-
sionficials.
zoning request was to be pre- meeting earlier this year, corn-
The sented Wednesday to the Board of mission members voted 7-1 against
wre
Weld County Commissioners for ap- the development after concerns were
voiced about the number of septic
proval. systems that would be required and
Rhonda Adams, who lives near how the area should be on public
Seeley Lake, said Monday that sewer.
neighbors were happy to hear Mon- Don Taranto, an engineer for the
fort had changed its mind. project,argued at the meeting that the
"There were quite a few people cost of public sewer would force a
who were against(the development) higher density of homes in the area.
because of the impact to the environ- Part of the current zoning on the
ment and all the birds and the-ani- project would allow almost 300
re s,"Adams said."Plus,it is prime homes to be built on just the south
BNMtdand•" part of the 21 aicres if water and
the proposed development, sewer were in place.
witch drew criticism fromghbors A number of residents from near-
*p.st public meetings,WIS rejected by Pinnacle Park and Sunny View
in January by the Weld CountyPlan- Estates complained to commission-
ing Commission. en about the project because of eavi-
The Greeley Planning Commis- ronmental concerns and the impact of
sion also recommended that the pro- that many homes on water quality,
ject not be approved. schools and traffic.
Monfort wanted to rezone the Monfort can resubmit its develop-
218-acre parcel of farmland near the ment proposal in the future but must
lake to allow for estate homes on 2- start at the beginning of the submittal
to 6-acre sites. process,county officials said.
CIg104S
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