HomeMy WebLinkAbout981523.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Kermit Bohrer Case Number Z-512
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Comments (5 pages) X
3 Letter to applicant X
4 Legals (2 pages) X
5 Application (52 pages) X
6 Referral list and form (2 pages) X
7 Boulder County Land Use referral 5/14/98 X
8 Weld County Public Works referral 5/13/98 (3 pages) X
9 Weld County Health Department referral 6/4/98 (2 pages) X
10 ColoradoGeological Survey referral 6/10/98 X
11 St.Vrain Valley School District RE-1J referral 5/22/98 (2 pages) X
12 Division of Water Resources referral 5/27/98 (2 pages) X
13 Longmont Soil Conservation District referral 5/29/98 (2 pages) X
14 Weld County Sheriff Department referral 5121/98 X
15 Mountain View Fire Protection District referral 5/27/98 (4 pages) X
16 Left Hand Water District referral 5/27/98 X
17 City of Longmont referral 5/27/98 X
18 DPS Maps Prepared by Planning Technician (3 pages) X
16 Deed (4 pages) X
17 Surrounding Property Owners (7 pages) X
18 Utilities (8 pages) X
19 Soil Survey (13 pages) X
EXHIBIT
981523
I hereby certify that the 19 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.
Scott Ballstadt ❖ Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS /$`N'day of CLutt 19 98.
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991523
OttCHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
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COLORADO
CASE NUMBER: Z-512
PLANNER: Scott Ballstadt
APPLICANT: Kermit Bohrer
ADDRESS: 14761 WCR 3, Longmont, Colorado 80501
REQUEST: PUD Change of Zone to create four E (Estate) zoned lots and one A (Agricultural)
zoned lot
LEGAL DESCRIPTION: Part of the S1/2 NW1/4 of Section 19, T3N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 1& approx. Y: mile north of State
Highway 66
ACRES: 36 PARCEL#1207 19 000003
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 applicant 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 of alfalfa. This portion of the
property 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 will require the covenant to appear on the
recorded plat.
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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.
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 Longs Peak 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 40-
foot access and utility easement shall be increased to 60 feet of right-of-way which
would accommodate utilities, drainage and future expansion. This issue is
addressed through Condition of Approval #2C2.
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 10/28/97, 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 6/4/98 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
the Weld County Planned Unit Development Ordinance (Ordinance 197).
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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 submitted a Landscape
Plan in accordance with Section 9.3 of the Weld County Planned Unit Development
Ordinance (Ordinance 197). Condition of approval #2A also addresses 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 5.6 acres of
common open space, or 15.5% 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 not proposing any signage with
this application. Condition of approval #2D7 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. Prior to recording the Change of Zone plat:
A. The applicant shall submit a revised on-site improvements agreement which
addresses open space maintenance and landscaping in accordance with Section
6.3.3.2. The agreement shall also address the maintenance of the 1.2 acres
adjacent to Weld County Road 1 described as "outlot A" on the plat. (Dept. of
Planning Services)
B. The applicant shall submit new evidence to the Dept. of Planning Services from
Longs Peak Water District which indicates that water is currently available. (Division
of Water Resources)
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C. The plat shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
2) A 60-foot right-of-way to replace the proposed 40-foot access and utility
easement. (Public Works Dept.)
3) The cul-de-sac shall provide a minimum 65-foot turnaround radius and the
outside curb or pavement edge radius must be 50 feet or more. (Public
Works Dept.)
4) The final plat shall delineate 40-feet reserved right-of-way from the centerline
of Weld County Road 1, and reference to previous right-of-way shall be
removed from the plat. (Dept. of Planning Services and Public Works Dept.)
5) 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 five lots shall
be buildable. (Dept. of Planning Services)
2) Water service shall be provided by the Longs Peak Water District and
sewage disposal shall be from individual septic systems. (Health Dept.)
3) In the event that during construction >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.)
4) 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.)
5) 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 manure in a manner that will prevent
nuisance conditions. (Health Dept.)
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6) The site shall be developed in accordance with the recommendations
contained in the geotechnical report. (Colorado Geological Survey -June 4,
1998)
7) Any signage located on the property shall require building permits and
adhere to Section 42.2 of the Weld County Zoning Ordinance. (Dept. of
Planning Services)
8) The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Health Department,
and the Weld County Department of Planning Services.
9) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
10) Outdoor storage shall be screened from public rights of ways, and adjacent
properties. (Dept. of Planning Services)
11) The Right To Farm Covenant as stated in the Weld County Comprehensive
Plan shall be recognized at all times. (Dept. of Planning Services)
12) 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)
3. Prior to the release of any building permits:
A. The applicant shall supply a designated street sign and stop sign at the appropriate
location adjacent to Weld County Road 1.
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
352-63
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
' 1400 N. 17TH AVENUE
C. GREELEY, COLORADO 80631
COLORADO
May 5, 1998
Kermit Bohrer
14761 WCR 3
Longmont, CO 80501
Subject: Z-512- Request for a Planned Unit Development Change of Zone on a parcel of land described as Part
of the S2 NW4 of Section 19,T3N, R68W of the 6th P.M., Weld County, Colorado.
Dear Mr. Bohrer:
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 June 16, 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 Longmont and Mead Planning Commission for their
review and comments. Please call City of Longmont at 303-651-8330 and Town of Mead at 970-535-4477 for further
details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be
in attendance at the Longmont and Mead 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.
Respectffuu ,
Todd A. Hodges
Current Planner II
r EXHIBIT
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