HomeMy WebLinkAbout20121927.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO rf
Moved by Jason Maxey,that the following resolution be introduced for passage by the Weld County . -
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PUDZ12-0002
APPLICANT: PODTBURG SONS DAIRY LLC
PLANNER: CHRIS GATHMAN
REQUEST: REQUEST TO AMEND THE CHANGE OF ZONE PLAT OF SIERRA ACRES
PLANNED UNIT DEVELOPMENT (PZ-1089 TO ALLOW A SINGLE-FAMILY
RESIDENCE TO BE BUILT ON OUTLOT 3.
LEGAL DESCRIPTION: OUTLOT 3,SIERRA ACRES PUD;BEING PART OF SECTION 19,T6N,R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO
LOCATION: WEST OF AND ADJACENT TO CR 27 AND SOUTH OF AND ADJACENT TO
STATE HIGHWAY 392.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 27-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.8.6.8- The proposal is consistent with any intergovernmental agreement
in effect influencing the PUD and Chapters 19(Coordinated Planning Agreements), Chapter
22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development)of the Weld County Code. The proposed site is not influenced by
an Inter-Governmental Agreement. The proposal is consistent with the aforementioned
documents as follows:
1. Section 22-2-20.G -A.Policy 7.3. Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located
inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional
Urbanization Area or Urban Development Nodes, or where adequate services are
currently available or reasonably obtainable. A municipality's adopted comprehensive
plan should be considered, but should not determine the appropriateness of such
conversion.
Sierra Acres is located in a nonurban area. Sierra Acres currently has nine (9)
residential lots. However, Outlot 3 (proposed Lot 10), though technically a part of
Sierra Acres PUD, is separated from the rest of the PUD by the Greeley No. 2 Ditch
and will have its own separate access onto County Road 27. A paved internal road
system is therefore not required.
B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27
of the Weld County Code.
Section 27-2-20, Access standards — Outlot 3 (proposed Lot 10) is separated from the
remaining residential lots in Sierra Acres PUD by the Greeley No. 2 Canal. A separate
access to the lot off of County Road 27 will be required and an access permit approval is
required as a condition of approval.
Section 27-2-40, Bulk requirements—The only change to the existing Sierra Acres PUD is to
allow a one (1)single family residence to be constructed on Outlot 3 of Sierra Acres PUD.
27-2-190 Urban Scale Development:Urban scale developments are developments exceeding
nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal
boundaries or urban growth corridors and boundaries. All urban scale developments shall
pave the internal road systems of the development. Urban scale
?c/a— / V7
RESOLUTION PUDZ12-0002
PODTBURG SONS DAIRY LLC
PAGE 2
development requires support services such as central water,sewer systems,road networks,
park and recreation facilities and programs, and storm drainage.
Sierra Acres is located in a nonurban area. Sierra Acres currently has nine(9) residential
lots. However, Outlot 3 (proposed Lot 10), though technically a part of Sierra Acres PUD,
is separated from the rest of the PUD by the Greeley No. 2 Ditch and will have its own
separate access onto County Road 27. A paved internal road system is therefore not
required.
The applicant has met the remaining performance standards as delineated in Section 27-2-
10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-220 of the Weld County Code.
C. Section 27-6-120.6.c-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 Chapter 22 of the Weld County Code or
master plans of affected municipalities. The subject property lies within the three mile referral
area of the City of Greeley, Town of Severance and Town of Windsor. No referral response
has been received from these municipalities.
D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
ll the Weld County Code. The proposed residence will be supplied by the North Weld County
Water District and by individual septic disposal system.
E. Section 27-6-120.6.e-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 PUD Zone District. The approved access permit#
will be required to be shown on the plat for the access into the site off of County Road 27.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been submitted,
if applicable. No off-site or on-site road improvements will be required.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site. Outlot 3 is not located within the
floodplain.The potential for commercial mineral deposits for Sierra Acres PUD was already
reviewed under the original Sierra Acres PUD (PZ-1089).
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
H. Section 27-6-120.6.h-Consistency exists between the proposed zone district(s), uses, and
the specific or conceptual development guide.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Amended Change of Zone from the A(Agricultural)Zone District(non-buildable for residential purposes)
to A (Agricultural)Zone District(buildable for one(1)single family residence)is conditional upon the following:
1. Prior to recording the Amended Change of Zone plat:
RESOLUTION PUDZ12-0002
PODTBURG SONS DAIRY LLC
PAGE 3
A. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled PUDZ12-0002. (Department of Planning
Services)
2. The approved change of zone plat notes. (Department of Planning Services)
3. County Road 27 is designated on the Weld County Road Classification Plan as a
local gravel road,which requires 60 feet of right-of-way at full build out.The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the plat. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Planning
Services)
4. Show the residential access point on the Plat and label with the Access Permit
number(AP12-00161). (Department of Public Works)
5. Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat. (Department of Public Health and
Environment)
6. Sierra Acres Outlot 3 should be renamed to Lot 10. (Department of Planning
Services)
2. The Amended Change of Zone is conditional upon the following and that each shall be placed on the
Amended Change of Zone plat as notes prior to recording:
A. The site specific development plan is for a Amended PUD Change of Zone from the A
(Agricultural) Zone District to E (Estate) Zone District for nine (9) residential lots with E
(Estate) Zone uses; one outlot with agricultural uses that is non-buildable for residential
structures (Outlet 1) at 17.9 acres; and one Agricultural lot (lot 10) buildable for one (1)
single-family residence at 23.9 acres:and 0.3 acres of open space(Sierra Acres PUD).The
PUD will be subject to, and governed by the Conditions of Approval stated hereon and all
applicable Weld County Regulations. (Department of Planning Services)
B. The purpose of this amended change of zone is to change Outlot 3 to Lot 10. Lot 10 shall be
changed from an agricultural outlot that is non-buildable for residential purposes to an
agricultural outlot that is buildable for residential purposes allowed under Section 23-3-20-
(A)Agricultural Zone District-Uses Allowed by Right of the Weld County Code.(Department
of Planning Services)
C. Agricultural Outlot 1 is non-buildable for residential structures.Only agricultural and exempt
structures are permitted on Outlot 1. (Department of Planning Services)
D. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
E. This PUD is in rural Weld County and is not served by a municipal sanitary sewer system.
Sewage disposal shall be by septic systems designed in accordance with the regulations
of the Colorado Department of Public Health and Environment, Water Quality Control
Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and
Environment)
RESOLUTION PUDZ12-0002
PODTBURG SONS DAIRY LLC
PAGE 4
F. During development of the site,all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions,at the request of
the Weld County Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order
to minimize dust emissions. (Department of Public Health and Environment)
H. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice, and apply for a permit from the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
J. Activities such as landscaping (i.e. planting of trees and shrubs)and construction (i.e.
auxiliary structures, dirt mounds, etc.)activities are expressly prohibited in the designated
absorption field site. (Department of Public Health and Environment)
K. There are confined Animal Feeding Operations in close proximity to this development.
Residents should be aware that there may be flies and odors associated with these
activities. (Department of Planning Services)
L. Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County Code, shall be
allowed on Lots 1-9 subject to the Auxiliary Quarters requirements, with the exception of
the minimum lot size requirement. (Department of Planning Services)
M. A building permit will be required for any new construction, alteration, or addition to any
building on the property.A building permit application must be completed and two complete
sets of plans including engineered foundation plans bearing the wet stamp of a Colorado
registered architect or engineer must be submitted for review. A geotechnical engineering
report performed by a registered State of Colorado engineer or a open hole inspection shall
be required. (Department of Building Inspection)
N. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2006 International Residential Building Code; 2006 International Energy Code; 2006
International 2011 National Electrical Code;and Chapter 29 of the Weld County Code.A plan
review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
O. All signs including entrance signs shall require building permits.Signs shall adhere to Article
4 Division 2 and Appendix 23-C through 23-E of the Weld County Code. These requirements
shall apply to all temporary and permanent signs. (Department of Planning Services)
P. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
4020/2-/9/06
RESOLUTION PUDZ12-0002
PODTBURG SONS DAIRY LLC
PAGE 5
Q. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
S. Prior to all new construction a letter of approval from the Windsor/Severance Fire Protection
District shall be submitted to the Department of Building Inspection. (Department of Building
Inspection)
T. Building height shall be measured in accordance with the applicable Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and setback requirements.
Off-set and setback requirements are measured to the farthest projection from the building.
(Department of Building Inspection)
U. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
V. Necessary personnel from the Weld County Departments of Planning Services, Public
Works,and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
W. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, Planning Services, and
State and Federal agencies and the Weld County Code. (Department of Planning Services)
X. Property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve(12)inches. In no event shall the property owners allow the growth of
noxious weeds. (Department of Planning Services)
Y. No residential development activity shall commence on the Lot 10, nor shall any residential
building permits be issued on the Lot 10 until the Final Plan has been approved and
recorded. (Department of Planning Services)
Z. The Amended PUD Change of Zone shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services)
3. Upon completion of 1-2 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one-hundred twenty(120)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat not
be recorded within the required one-hundred twenty (120)days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
RESOLUTION PUDZ12-0002
PODTBURG SONS DAIRY LLC
PAGE 6
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(cilco.weld.co.us. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 July 3, 2012.
Dated the 3rd of July, 2012.
Digitally signed by Kristine Ranslem
Location:1555 N 17th Ave
Date:2012.07.10 08:18:18-06'00'
Kristine Ranslem
Secretary
PC 1/3//
• Approval and if they are in agreement with those. The applicant replied that he is in agreement but asked that
Condition of Approval 1.6 and 1.C be removed as those items have been completed.
Motion: Delete Condition of Approvals 1.6 and 1.C, Moved by Robert Grand, Seconded by Benjamin
Hansford.
Motion passed unanimously.
Motion: Approve Case USR12-0026 along with the Conditions of Approval and Development
Standards, Moved by Jason Maxey, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford,Jason Maxey,Joyce Smock,Mark Lawley, Nick Berryman, Robert Grand,Thomas
Holton.
CASE NUMBER: PUDZ12-0002
APPLICANT: PODTBURG SONS DAIRY LLC
PLANNER: CHRIS GATHMAN
REQUEST: REQUEST TO AMEND THE CHANGE OF ZONE PLAT OF SIERRA ACRES
PLANNED UNIT DEVELOPMENT (PZ-1089 TO ALLOW A SINGLE-FAMILY
RESIDENCE TO BE BUILT ON OUTLOT 3.
LEGAL DESCRIPTION: OUTLOT 3,SIERRA ACRES PUD;BEING PART OF SECTION 19,T6N,R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO
LOCATION: WEST OF AND ADJACENT TO CR 27 AND SOUTH OF AND ADJACENT TO
STATE HIGHWAY 392.
CASE NUMBER: PUDF12-0001
APPLICANT: PODTBURG SONS DAIRY LLC
PLANNER: CHRIS GATHMAN
•
REQUEST: REQUEST TO AMEND THE FINAL PLAT OF SIERRA ACRES PLANNED UNIT
DEVELOPMENT(PF-1089)TO ALLOW A SINGLE-FAMILY RESDIENCE TO BE
BUILT ON OUTLOT 3.
LEGAL DESCRIPTION: OUTLOT 3 SIERRA ACRES PUD;BEING PART OF SECTION 19,T6N, R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 27 AND SOUTH OF AND ADJACENT TO
STATE HIGHWAY 392.
Chris Gathman, Planning Services, presented Cases PUDZ12-0002 and PUDF12-0001, reading the
recommendation and comments into the record. The Department of Planning Services recommends approval
of these applications with the attached conditions of approval. In addition, Public Works and Environmental
Health presented their reports and stated that they have no concerns with this request.
Staff recommended adding a Condition of Approval to PUDF12-0001 which reads "Activities such as
landscaping (i.e. planting of trees and shrubs) and construction (i.e auxiliary structures, dirt mounds, etc.)
activities are expressly prohibited in the designated absorption field site."
Motion: Add Condition of Approval to PUDF12-0001 as recommended by Staff, Moved by Robert Grand,
Seconded by Jason Maxey.
Motion passed unanimously.
i" Tim Naylor,4350 Hwy 66, Longmont CO,stated that the applicants are requesting a change of zone and
amended final plat to construct a residence on Outlot 3 of Sierra Acres. The applicants have owned Outlot 3,
which is adjacent to their existing dairy. Outlot 3 is separated by an irrigation ditch and has a separate access
onto County Road 27 from the Sierra Acres Subdivision.
• The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
EXHIBIT
)/ I • ilia
• The Chair asked the applicant if he read through the amended Conditions of Approval and if they are in
agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case PUDZ12-0002 to the Board of County Commissioners along with the Conditions
of Approval with the Planning Commission's recommendation of approval, Moved by Jason Maxey,
Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford,Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,Thomas
Holton.
Motion: Forward Case PUDF12-0001 to the Board of County Commissioners along with the Conditions
of Approval with the Planning Commission's recommendation of approval, Moved by Jason Maxey,
Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes =7).
Yes: Benjamin Hansford,Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,Thomas
Holton.
`' CASE NUMBER: USR12-0027
APPLICANT: STEVE&SHERYL GULLEY
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING:
OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
• LEGAL DESCRIPTION: LOT D REC EXEMPT RE-3963; PART N2 SECTION 17,T6N, R64W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH AND ADJACENT TO CR 70 AND APPROXIMATELY ONE-QUARTER
MILE WEST OF CR 53.
II' Diana Aungst, Planning Services, presented Case USR12-0027, reading the recommendation and
comments into the record. Staff has received eight(8)letters in opposition to this request from surrounding
property owners which include concerns of speed, dust and noise from the trucks including the use of jake
brakes and low water pressure. In a conversation with the applicant,they stated that they held a neighborhood
meeting on Saturday, June 30th and the applicant has agreed to take action to try to mitigate some of these
concerns. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Don Carroll, Public Works, reported on the conditions of approval and development standards included
in the staff report. The access will be onto County Road 70,which is classified as a local, gravel road. The
applicant is proposing that 100 percent of the traffic will go west of the site to County Road 51. If there will be
traffic going east then dust control will need to be addressed.
D' Lauren Light, Environmental Health, reported on the conditions of approval and development standards
included in the staff report. They have no concerns with this request.
D' Jeff Wright,A&W Water, 1892 Denver Ave, Ft.Lupton CO,stated that this site was a temporary site. Mr.
Wright said that they are estimating 300 gallons per minute from the hydrant provided by North Weld County
Water District. He noted that he talked to the 4 property owners in opposition. In addition, they held a
neighborhood meeting on Saturday with several landowners in the area. Originally they proposed 90%of the
truck traffic from County Road 70 out to County Road 51 with the remaining 10% east to County Road 53;
• however after that meeting they decided to route 100%of the traffic to County Road 51. Mr.Wright added that
they intend to provide mag chloride dust control and impose 35 mph speed limits. In addition, no lighting is
proposed on site.
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