HomeMy WebLinkAbout992073.tiff i_,," I ENTORY OF ITEMS FOR CONSIDERATION
Applicant Tom Russell, Peaks at Mountain Case Number Z-527
_1 ` ;'yi ,'' 31
nr Submitted or Prepared
Prior to At Hearing
Hearing
1 Board of County Commissioners Comments
2 Staff Comments ( pages) X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications (3 pages) X
6 Application ( 33 pages) X
7 Referral list X
8 Weld County Zoning Compliance referral received 5/28/99 X
9 Town of Frederick referral received 6/3/99 X
10 Boulder Valley Soil Conservation District referral received X
6/18/99
11 Weld County Health Department referral received 6/16/99 X
12 St.Vrain Valley School District referral received 6/22/99 X
13 Mountain View Fire Protection District referral received 6/14/99 X
14 Weld County Public Works Dept. referral received X
15 Town of Erie referral received X
16 Weld County Building Inspection referral received 5/28/99 X
17 8 'A X 11 maps submitted by applicant( 1 pages) X
18 Surrounding Property Owners ( 12 pages) X
19 Utilities (19 page) X
4 EXHIBIT
992073
I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Board of County Commissioners hearing. I further certify that these items were
forwarded to the Clerk to the Board's office.
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Eric A. Jerman + 'lanne
STATE OF COLORADO )
COUNTY OF WELD ) q
SUBSCRIBED and SWORN TO BEFORE ME THIS 076 day of I Lr 19 / .
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COLORADO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE NUMBER: Z-527
PLANNER: Eric Jerman
APPLICANT: Tom Russell (Peaks at Mountain View)
ADDRESS: 557 Rider Ridge Drive, Longmont, CO 80501
REQUEST: PUD Change of Zone to create five E (Estate) zoned lots.
LEGAL DESCRIPTION: Lot B of RE-2150, Being Part of SE4, Section 5, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado.
LOCATION: Approx. 1/4 mile North of WCR 12 and approx. 1/4 mile West of WCR 5
ACRES: 40 PARCEL # 1467 05 400007
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 prime farmground by the USDS Soil �►
Conservation map. The small size and the shape of the site makes it difficult
to farm.
m
2) A.Policy 7 states "Weld County recognizes the 'right to farm". In order to
Service,Teamwork, Integrity, Quality ] r travvviceeaverrad
♦ •
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 will require the covenant to appear on the
recorded plat.
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. Carmacar Ranchettes to the east has similar sized Lots.
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 Left Hand 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 right-of-way shall have further delineation of 12-foot driving lanes with four-foot
shoulders. This issue is addressed through Condition of Approval #3.A.3.
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 21.5.1.3 - 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 5/28/99, the Weld
County Building Inspection Department is requiring engineered foundations
for each structure. A soils report will need to be included with blueprints
when building permits are applied for with the Weld County Building
Inspection Department. This issue is addressed through Condition of
Approval #4.B
3. The submitted materials are in compliance with Section 6.3 of the Weld County Planned
Unit Development Ordinance (Ordinance 197), as follows:
Service,Teamwork, Integrity,Quality 2
A. Section 6.3.1 Environmental Impacts: The referral response received 6/16/99 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).
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 and Mountain View Fire
Protection District are addressed through the attached conditions of approval.
C. Section 6.3.3 Landscaping Elements:The applicant has not submitted a Landscape
Plan in accordance with Section 9.3 of the Weld County Planned Unit Development
Ordinance (Ordinance 197). Condition of approval # 3.A.5 addresses this
requirement as well as an on-going maintenance and 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 6.4 acres of
common open space, or 16% of the site. The applicant is establishing a
homeowners organization 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 an entry sign to be
indicated on the Final Plan. Additional signage will include: a stop sign, two street
signs and two 25-mph speed limit signs will be erected. Small residential address
signs will be allowed as well as standard real estate sales signs or placards.
Condition of approval # 3.B.5 addresses any future proposed 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. A. Prior to recording the Final Plan plat:
(1) The applicant shall provide evidence to the Department of Planning Services
of an approved storm water drainage study from the Weld County Public
Works Department. (Public Works)
Service,Teamwork, Integrity,Quality 3
(2) The applicant shall provide evidence to the Department of Planning Services
that all the requirements of the Mountain View Fire Protection District have
been met, as outlined in a referral response letter, dated June 9, 1999.
3. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) The applicant shall submit new evidence to the Department of Planning
Services from Left Hand Water District that indicates water is currently
available. (Dept. of Planning Services)
2) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
3) The typical road cross section shall be changed to indicate 12-foot driving
lanes with four-foot shoulders on the Final Plat. (Public Works)
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) A Landscape Plan and maintenance schedule shall be submitted to the
Department of Planning Services and approved by the Department of
Planning Services. The Landscape Plan shall adhere to the requirements
of 6.3.3 of the Weld County PUD Ordinance. The Landscape Plan shall
address adequate buffering and screening from surrounding Agricultural
uses.
6) Evidence shall be submitted to the Department of Planning Services that the
requirements of the St. Vain Valley School District have been met, as
outlined in a referral response letter, dated June 7, 1999.
7) The plat shall be amended to indicate a 65' Right-of-Way radius for the cul-
de-sac of Peak Lane.
8) The plat shall be amended to indicate that the building envelope for Lot#1
has been moved to the center of the Lot, away from the property line.
9) The plat shall be amended to indicate that the Center Line for Peak Lane
shall be moved approximately 100' to the south.
B. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of five (5) Estate zoned Lots. The Change of Zone
allows for Estate uses which shall comply with the Estate Zone District
requirements as set forth in Section 36 of the Weld County Zoning
Ordinance. Each of the five lots shall be buildable. (Dept. of Planning
Services)
Service,Teamwork, Integrity, Quality 4
2) Water service shall be provided by the Left Hand Water District. (Health
Department)
3) A Weld County Septic Permit is required for each proposed home septic
system and shall be installed according to the Weld County Individual
Sewage Disposal Regulations. (Health Department)
4) The site shall be developed in accordance with the recommendations
contained in the geotechnical report. (Colorado Geological Survey -
September 8, 1998)
5) 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)
6) 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.
7) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
8) The Right To Farm Covenant as stated in the Weld County Comprehensive
Plan shall be recognized at all times. (Dept. of Planning Services)
9) 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)
4. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the
appropriate location adjacent to Fir Avenue.
B. A soils report shall be supplied to Weld County Building Inspections with blueprints
when applying for building permits.
Service,Teamwork, Integrity, Quality 5
LI%) DEPARTMENT OF PLANNING SERVICES
PHONE (970) F , EXT.354004.
FAXAX (97(970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
June 8, 1999
The Peaks at Mtn. View
c/o Linn Leeburg
707 Hawthorn Ave. Suite 207
Boulder, CO 80304
Subject: Z-527 - Request for a Change of Zone from Agricultural to PUD (Estate) on a parcel of land
described as Lot B of RE-2150; Part of the SE4 of Section 5, T1 N, R68W of the 6th P.M., Weld
County, Colorado.
Dear Mr. Leeburg:
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 July 8, 1999, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, 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 Town of Erie and the Town of
Frederick Planning Commission for its review and comments. Please call the Town of Erie at(303)665-3555
and the Town of Frederick at (303)833-2388 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 Town of Erie and the
Town of Frederick 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,
zAxe
C� I yt,
Eric Jerman I l�
Planner
DEPARTMENT OF PLANNING SERVICES
ite) ,s=j PHONE (970) 353-6100, EXT.3540
FAX (970I7T AVEN304-6UE
9
8
1555 N. 17TH AVENUEE
GREELEY, COLORADO 80631
C.
COLORADO
June 8, 1999
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: Z-527
There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 8, 199, at
1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado
concerning the request of:
NAME: Tom Russell (Peaks at Mountain View)
FOR: Change of Zone from Agricultural to PUD (Estate).
LEGAL DESCRIPTION: Lot B of RE-2150; Part of the SE4 of Section 5, T1 N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: Approximately 1/4 mile north of Weld County Road 12; approximately 1/4 mile west of Weld
County Road 5.
Your property is within five-hundred (500) feet of the property on which this request has been made or you
may have an interest in the minerals located under the property. For additional information write or telephone
Eric Jerman,Ptarine4
Comments or objections related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of
public hearing.
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX X (9(970) 304-6498
1555 N. 17TH AVENUE
' GREELEY, COLORADO 80631
C.
COLORADO
May 26, 1999
The Peaks at Mtn. View
c/o Linn Leeburg
707 Hawthorn Ave. Suite 207
Boulder, CO 80304
Subject: Z-527- Request for a Change of Zone from Agricultural to PUD (residential) on a parcel of land
described as Lot B of RE-2150; Part of the SE4 of Section 5, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
Dear Mr. Leeburg:
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 July 20, 1999, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, 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 Town of Erie and the Town of
Frederick Planning Commission for its review and comments. Please call the Town of Erie at (303)665-3555
and the Town of Frederick at (303)833-2388 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 Town of Erie and the
Town of Frederick 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.
Respectful���7�
Ben atton
Planner
FIELD CHECK inspection date: June 25, 1999
CASE NUMBER: Z-527
APPLICANT: Tom Russell -- Peaks at Mountain View
LEGAL DESCRIPTION: Lot B of RE-2150 being Part of SE4 Section 5,
Township 1 North, Range 68 West of the Th PM,
Weld County, CO.
LOCATION: Approx. 1/4 mile north of WCR 12 and approx. 1/4 mile west
of WCR 5.
Zoning Land Use
N A (Agricultural) N Residential
E A(Agricultural) E
Carmacar Estates Subdivision
S A (Agricultural) S Agricultural/ Residential
W A (Agricultural) W Agricultural/Residential
COMMENTS:
Site is fully planted in wheat. Carmacar Estates subdivision has seven or eight homes adjacent to
the site to the east. No existing homes on site. No violations are present.
Eric A. Jerman, Planne
EXHIBIT
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