HomeMy WebLinkAbout982599.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Big Sky Estates-- Burman Case Number Z-514
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (8 Pages) X X
3 Department of Planning Services field check form (9/1/98) X
4 Field check by Planning Commissioner (8/13/98) X
5 Letter to Applicant X
6 Surrounding Property Owner Letters X
7 Legal Notifications
8 Application ( 5 pages prior to hearing, 3 added at hearing: 8 X X
pages total)
9 Referral list X
10 Planning Commissioner referral received (8/13/98) X
11 Weld County School District(RE-7) referral received (8/26/98) X
12 State of Colorado Division of Water Resources(8/17/98) X
13 Weld County Health Department referral received (8/14/98) (3pgs) X
14 Weld County Public Works Dept. referral received (8/11/98) X
15 State of Colorado Geological Survey referral received (1/30/98 X
9/2/98) (2 pgs)
16 US Army Corps of Engineers referral received (8/21/98) X
17 Weld County Building Department(8/4/98) X
18 Platte Valley Schools (8/4/98) X
19 8 1/2 X 11 maps submitted by applicant( 3 pages) X
20 Surrounding Property Owners(7 pages) X
21 Utilities: Central Weld County Water District X X
(one prior to hearing, one at hearing: 2 pages)
Item submitted at planning commission
1. Site location map
2. Reduction of Plat map (8 1/2 X 11)
3. Utility letter from Central Weld County Water District(CWCWD)
4. Comment letter from Surroundin Property Owner
5. Three (3) pages from application
982599caz#511
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.
li/U C9 ,
Eric A. Jerman ❖ Planne
STATE OF COLORADO )
COUNTY OF WELD ) �
SUBSCRIBED and SWORN TO BEFORE ME THIS �! +day of ®ek > 19 96.
SEAL 04:11-4M" n7
NOTARY PUBLIC
MY COMMISSION EXPIRES O.3/06A)COa-
98259'9
( \ CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-514
PLANNER: Eric A. Jerman
APPLICANT: Dale & Loretta Burman ( Big Sky Properties)
ADDRESS: 25815 Weld County Road 48 Kersey, CO 80644
REQUEST: PUD Change of Zone to create four(4) E (Estate)zoned lots and one
(1) A (Agricultural) zoned lot
LEGAL DESCRIPTION: Part of the East ''A of the South East 1/4 of Section 5, T4N, R64W of
the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 48 &West of and
adjacent to Weld County Road 53
ACRES: 80
PARCEL# 1053 05 000029
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 21.4
of the Weld County Zoning Ordinance, as amended.
2. The submitted materials are 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 consistent with the Weld County
Comprehensive Plan.
1) A.Goal 1 states "Preserve prime farmland for agricultural purposes which
fosters economic health and continuance of agriculture." The subject
property is categorized as a mixture of prime, irrigated non-prime and other
land by the USDS Soil Conservation map. The application indicates that the
land is marginally productive. Due to the variety of soils, the relatively small
size of the parcel and lack of water rights on the property, only a small
portion of this property is currently in production. This portion of the property,
constituting 51.09 acres, is proposed as an agriculturally zoned outlot.
2) A.Policy 7 states "Weld County recognizes the 'right to farm'. In order to
validate this recognition Weld County has established an example covenant
which should be incorporated on all pertinent land use plats." The
Department of Planning Services requires the covenant to appear on the •
recorded plat. Conditions of Approval #2.D.14. addresses this further.
Service,Teamwork, Integrity,Quality ' ?Z599
B. Section 21.5.1.2 - The uses which would be allowed on the subject property by
granting the change of zone will be compatible with the surrounding land uses. The
proposed site does not lie within an urban growth area, nor is the applicant
proposing an urban scale development. The right-to-farm covenant will be attached
to the request thus informing any new residents that the area the surrounding
community is agriculture in nature. The Department of Planning Services believes
that the granting of this change of zone will have a minimal impact on the
surrounding land uses which include similar Agricultural and residential uses.
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. Domestic water
and water for fire protection shall be provided by Central Weld County Water District.
Each lot for the proposed minor subdivision shall have an Individual Sewage
Disposal System (ISDS) installed per the Weld County Health Department
requirements and specifications.
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 Weld
County Public Works Department reviewed this request and indicated that the 60-
foot access and utility easement is sufficient to accommodate utilities, drainage and
future expansion.
E. Section 21.5.1.5 - In those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with
the 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.
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 not such that they present
moderate or severe limitations to the construction of structures of facilities
proposed for the site. In a referral response dated 8/4/98, the Weld County
Building Inspection Department is requiring engineered foundations for each
structure.
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 8/14/98 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
Service,Teamwork, Integrity,Quality 2
4'.°?599
the Weld County Planned Unit Development Ordinance (Ordinance 197). Additional
requirements of the Weld County Health Department are addressed through the
attached conditions of approval.
B. Section 6.3.2 Service Provision Impacts: The applicant has satisfactorily addressed
the majority of service provision impacts in the application materials. Additional
requirements of the Weld County Public Works Department are addressed through
the attached conditions of approval.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape
Plan in accordance with Section 9.3 of the Weld County Planned Unit Development
Ordinance (Ordinance 197). Conditions of approval#2A and#2B address the need
for a landscape plan as part of the Change of Zone phase as well as on-going
maintenance and a planting schedule.
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites
advantages and limitations, as well as the compatibility of the development with
adjacent sites.
E. Section 6.3.5 Common Open Space Usage: The application proposes 3.7 acres of
Open Space, or 15.2% of the site. The applicant is establishing 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 not proposing any signage with
this application. Condition of approval#2D7 addresses any potential future signage.
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 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 Estate Five Lot Subdivision 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 an on-site improvements agreement which addresses
open space maintenance and landscaping in accordance with Section 6.3.3.2.
(Dept. of Planning Services)
B. The on-site improvements agreement which addresses transportation&landscaping
Service,Teamwork, Integrity,Quality 3
9??59!!
will be submitted at the Final Plan. At that particular time, the Improvements
Agreement Policy regarding Collateral for Improvements (private road maintenance)
will be submitted for review and approval. (Public Works Department)
C. The plat shall be amended to include the following:
1) The cul-de-sac shall provide a minimum of 50-foot turnaround radius. (Public
Works Department)
2) The name of the street, which shall not conflict with any other street within the
particular U.S. Postal area. (Dept. of Planning Services)
D. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of four (4) Estate zoned lots and one (1) Agriculturally
zoned lot. The Change of Zone allows for Estate uses (4 lots) which shall
comply with the Estate Zone District requirements as set forth in Section 36 of
the Weld County Zoning Ordinance and Agricultural uses (1 lot) which shall
comply with the Agricultural Zone District requirements as set forth in Section
31 of the Weld County Zoning Ordinance. Each of the four Estate Zoned lots
shall be buildable and the Agricultural lot shall be buildable. (Dept. of Planning
Services)
2) Water service shall be provided by the Central Weld County Water District and
sewage disposal shall be from individual septic systems. (Health Dept.)
3) A Final Plat application shall not be accepted by the Department of Planning
Services until the State of Colorado Division of Water Resources has sent a
letter to the Department of Planning Services indicating that the terms of their
referral response of August 17, 1998 have been met.
4) In the event that during construction greater than five (5) acres of the site is
disturbed, the applicant shall obtain a stormwater discharge permit from the
Water Quality Control Division of the Colorado Department of Public Health and
the Environment. (Health Dept.)
5) In accordance with the application materials, individual sewage disposal
systems are required for the proposed residential lots and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. (Health
Dept.)
6) The proposed multiple use trail shall be maintained so that any manure piles
shall not be allowed to exist or deteriorate to a condition that facilitates
excessive odors, flies, insect pests or pollutant runoff. Trail maintenance shall
include removal of manure in a manner that will prevent nuisance conditions.
(Health Dept.)
7) The site shall be developed in accordance with the recommendations contained
in the geologic engineering report. (Terracon- January 14, 1998)
Service,Teamwork, Integrity,Quality 4
982599
FIELD CHECK inspection date: September,1 1998
CASE NUMBER: Z-514
APPLICANT: Dale & Loretta Burman
LEGAL DESCRIPTION: The E2 SE4 and that part of the SE4 NE4 lying South of
above the Gilmore Canal Right of Way which extends 25
feet South of the center line of said canal, all in Section 5,
T4N, R64W of the 6th P.M.
LOCATION: North of and adjacent to Weld County Road 48. West of and
adjacent to Weld County Road 53.
Zoning Land Use
N A (Agricultural) N Ag.
E A(Agricultural) E Ag. and some Residential
S A (Agricultural) S Ag. and some Residential
W A (Agricultural) W Ag.
COMMENTS:
Site is planted with native grass and alfalfa. No violations. Sign for Planning
Commission posted today in preparation for hearing on Sept. 15, 1998.
Two accesses to property. Agricultural access along CR 53. P.U.D. Estate zoned
lots will have access from CR 48.
2,7LA:
0 .
Eric A. JermanC nner
�NBIT
992599 1
4 DEPARTMENT OF PLANNING SERVICES
Ki„cte PHONE (970) 353-6100, 352-
0, 63
FAX (970) 352-631212 WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
111k.
GREELEY, COLORADO 80631
COLORADO
August4, 1998
Dale and Loretta Burman
25815 WCR 48
Kersey, CO 80644
Subject: Z-514 - Request for a Planned Unit Development Change of Zone from A (Agricultural) to E
• (Estate) on a parcel of land described as Lot B of RE-1805, Weld County, Colorado.
Dear Mr. and Mrs. Burman:
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.
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 Kersey Planning Commission for
its review and comments. Please call Town of Kersey at 970-353-1681 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
Kersey Planning Commission meeting 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,
'
gut:
� EXHIBIT
Eric Jerman
Planner
aQ?599
16(Itt DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
WI D dii WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO_
September 8, 1998
Dale & Loretta Burman
25815 Weld County Road 48
Kersey, Colorado 80644
Dear Mr. and Mrs. Burman:
The Department of Planning Services staff and various referral agencies have reviewed
your Change of Zone application. The Department of Planning Services is concerned that your
application does not meet the intent of the Open Space Regulations for a Planned Unit
Development. Comments that were sent to you during the Sketch Plan phase of the P.U.D.
indicate that you were informed that
PUD Policy 4.2 states that a planned 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 wide, dedicated, designated or reserved for
public or private use or for the use and enjoyment of owners or occupants or land
adjoining or neighboring such an area. Open space restrictions are permanent,
not for a period of years. A homeowners association is mandatory for each
residential owner, and the homeowners association is responsible for liability
insurance, taxes and maintenance of open space, street(s), private utilities and
other facilities.
and, you were notified that,
The submitted Sketch Plan shows no common open space in the
development. The Common Open Space shall comprise 15% of the
residential component of the development and be designed and located to
be easily accessible to all resident and usable for open space and
recreation. Future submittal on this site must address common open
space in the development.
The Change of Zone Application that you submitted indicates that open space on this
site will consist of a ten foot wide bridle path to be sited around the perimeter of the P.U.D. The
Department of Planning Staff believes that this proposal does not meet the intent of the Open
Space regulations.
992599
Page 2
You have the option of making corrections to your Change of Zone application and
returning them to the Department of Planning Services by October 1, 1998. This will necessitate
a continuance of your Hearing before the Planning Commission until October 20.
You still have the option of taking your application to the Planning Commission Hearing
currently scheduled for September 15. However, the Department of Planning Staff will have no
choice but to recommend denial of your Change of Zone Application. If the Planning
Commission denies your application at that hearing then your application for PUD must begin
again at the Sketch Plan phase.
Please notify the Department of Planning Services of your decision as soon as possible.
Enclosed is a copy from the PUD Ordinance which details the Open Space Regulations.
Sierely,
CQ &LA,.
Eric A. Jerman
Planner
982599
FIELD CHECK
FILING NUMBER: Z-514 DATE OF INSPECTION: At t..)4 t3,ICO6
APPLICANTS NAME: Dale and Loretta Burman
PLANNER: Eric Jerman
REQUEST: Planned Unit Development Change of Zone from A(Agricultural)to E (Estate).
LEGAL DESCRIPTION: Lot B of RE-1805, Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 48; west of and adjacent to Weld County Road
53.
LAND USE:
N 7>p
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ZONING: N A (Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
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