HomeMy WebLinkAbout982294.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER: Z-515
APPLICANT: Bill Hall/Lindies Lake
ADDRESS: 1220 11th Avenue, Suite 201, Greeley, Colorado 80631
PLANNER: Scott Ballstadt
REQUEST: PUD Change of Zone to create seven (7) E (Estate)zoned lots with open space
LEGAL DESCRIPTION: Part of the NW4 of Section 20, T6N, R64W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to State Highway 392 &east of and adjacent to WCR 51
be recommended unfavorably to the Board of County Commissioners.
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 not 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 not consistent with the Weld County Comprehensive
Plan.
1) A.Goal 3 states "Discourage urban-scale residential, commercial, and industrial
development which is not located adjacent to existing incorporated municipalities."
A.Policy 3 further specifies, "Conversion of agricultural land to urban-scale
residential, commercial, and industrial development will be discouraged when the
subject site is located outside of an approved Intergovernmental Agreement area,
urban growth boundary area, or 1-25 Mixed Use Development area and urban
development nodes. This policy is intended to promote conversion of agricultural
land 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 allow 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." This application proposes urban-scale
development as defined by Section 2.18 of the Weld County PUD Ordinance and is
located outside an urban growth area as defined in A.Policy 3. Therefore, the
proposal does not comply with A.Goal 3.
2) UGB.Goal 2 states, "Concentrate urban development in or adjacent to existing
municipalities or the 1-25 Mixed Use Development area and maintain urban growth
boundary areas that provide an official designation between future urban and non-
urban uses." This application proposes urban-scale development as defined by
Section 2.18 of the Weld County PUD Ordinance and is located outside an urban
growth boundary area. Therefore, the proposal does not comply with UGB.Goal 2.
EXHIBIT
982294
RESOLUTION, Z-515
Bill Hall/Lindies Lake
Page 2
3) R.Policy 3 states, "Weld County should encourage a compact form of urban
development by directing residential growth to urban growth boundary areas and to
those areas where urban services are already available before committing alternate
areas to residential use." Urban services have not been and are not proposed to be
provided to this site and the proposal is located outside an urban growth boundary
area. Therefore, the proposal does not comply with R.Policy 3.
B. Section 21.5.1.2-The uses which would be allowed on the subject property by granting the
change of zone will not be compatible with the surrounding land uses. The surrounding
property is agricultural in nature and non-urban in impact. The application proposes urban
scale development in a non-urban area. The right-to-farm covenant would be required to be
placed on the plat thus informing any new residents that the surrounding area is agricultural
in nature.
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. The application does propose
public water to be provided by North Weld County Water District, however, each lot is
proposed to be served by an individual septic system. Septic systems would be required to
comply with Individual Sewage Disposal System (ISDS) requirements and specifications,
however, a concentration of more than five(5)septic systems does not meet the established
standards for adequacy.
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 application proposes
a 50' x 10' school bus stop and deceleration lane along Weld County Road 51 to
accommodate traffic and a paved internal road. An improvements agreement would be
required at the Final Plat. The Weld County Public Works Department requires an additional
10 feet, for a total of 40 feet from centerline, right-of-way reservation for future build out of
Weld County Road 51.
E. Section 21.5.1.5-In those instances where the following characteristics are applicable to the
rezoning request, the applicant has not demonstrated compliance with all 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. The proposal is not
located within an urban growth boundary area.
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 such that they present moderate
or severe limitations to the construction of structures or facilities proposed for the
site. According to the Colorado Geological Survey, the applicant has not
demonstrated that the limitations can be overcome. In a referral response received
September 2, 1998, the Colorado Geological Survey indicated that they "cannot
recommend approval"due to several concerns including septic suitability, wetlands
and potential for water pollution.
3. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
982294
RESOLUTION, Z-515
Bill Hall/Lindies Lake
Page 3
A. Section 6.3.1 Environmental Impacts: The referral response received August 13, 1998 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). The Habitat Assessment prepared
by Wildland Consultants, Inc. and included in the application materials indicates"Lots 1 and
2 include ... large areas of wetlands" and "may require that additional acreage of wetlands
be filled." The U.S. Army Corps of Engineers requires appropriate permits to be obtained
and any wetlands on the property be identified and mapped pursuant to Section 404 of the
Clean Water Act. As previously mentioned, the Colorado Geological Survey indicated that
they "cannot recommend approval" due to several concerns including septic suitability,
wetlands and potential for water pollution.
B. Section 6.3.2 Service Provision Impacts: The North Side Lateral and North Side Extension
Ditch Company has indicated concerns pertaining to ditch access and the "common trail
area"which need to be addressed. The Galeton Fire Protection District also is requiring a
"dry fire hydrant". The applicant has indicated that he will resolve these issues. Referral
responses received from the Weld County Public Works and Health Departments also
indicate concerns which would need to be addressed at the Final Plat.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape Plan. The
Plan is not in accordance with Section 9.3 of the Weld County Planned Unit Development
Ordinance (Ordinance 197). Section 9.3.2.1 requires location of all existing and proposed
plant materials including grasses and other landscape features to be delineated. Section
9.3.2.5 also requires the dimensions and type of trail material proposed.
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites advantages and
limitations. The design options on this site are limited by the size and location of the lake.
E. Section 6.3.5 Common Open Space Usage: The application proposes 44.9 acres of common
open space, or approximately 55.9% of the site. The applicant is proposing to establish 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 proposing appropriate signage as required
by the Weld County Public Works Department.
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 for denial 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. A summary
of the primary concerns is as follows:
1) This application proposes urban-scale development as defined by Section 2.18 of the Weld
County PUD Ordinance and is located outside an urban growth area as defined in A.Policy
3. This contradicts numerous comprehensive plan goals and policies, as well as the
definitions of urban scale development and non-urban scale development as stated in the
Weld County Zoning, Subdivision and PUD Ordinances.
9'32294
RESOLUTION, Z-515
Bill Hall/Lindies Lake
Page 4
2) Each of the seven(7)residential lots is proposed to be served by an individual septic system.
The Weld County Comprehensive Plan, "encourage(s)a compact form of urban development
(developments exceeding 5 lots) by directing residential growth to urban growth boundary
areas and to those areas where urban services are already available before committing
alternate areas to residential use."
3) A referral response received September 2, 1998, the Colorado Geological Survey indicated
that they"cannot recommend approval" due to several concerns including septic suitability,
wetlands and potential for water pollution.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Marie Koolstra Arlan Marrs
Jack Epple
Bruce Fitzgerald
Glenn Vaad
Cristie Nicklas
Michael Miller
The Chair 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 for 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 September 15, 1998.
Dated the 15th of tem er, 1998.
Wendi Inloes
Secretary
952294
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-515
APPLICANT: Bill Hall/Lindies Lake
ADDRESS: 1220 11th Avenue, Suite 201, Greeley, Colorado 80631
PLANNER: Scott Ballstadt
REQUEST: PUD Change of Zone to create seven (7) E (Estate) zoned lots with open space
LEGAL DESCRIPTION: Part of the NW4 of Section 20, T6N, R64W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to State Highway 392 & east of and adjacent to WCR 51
be recommended unfavorably to the Board of County Commissioners.
Motion seconded by Cristie Nicklas.
VOTE: m
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.-
For Passage Against Passage 0 rnn o ni
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Marie Koolstra Arlan Marrs rn s
Jack Epple o 70 o _�CD
Bruce Fitzgerald
Glenn Vaad o YI 'I
Cristie Nicklas rn
Michael Miller to
The Chair 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 for 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 September 15, 1998.
Dated the 15th of S ptember,
1998.
t,l��j�`'cv"u ��J CJ v�d
Wendi Inloes
Secretary
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I. EXHIBIT
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992214 Its t,
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