HomeMy WebLinkAbout20060725.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Ochsner 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: PZ-1085
APPLICANT: Twin View Estates LLC •
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-2953; part of the SW4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Planned Unit Development Change of Zone for nine (9) lots with Estate
uses, one (1)common open space outlot (11 acres) (Twin View Estates
PUD).
LOCATION: East of and adjacent to CR 3 and north of and adjacent to CR 48.
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 26-5-30 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.B.6.a 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 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development which
includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be
designed and located to be easily accessible to all the residents of the project and
usable for open space and recreation. Some Planned Unit Developments may
not require common open space depending on their type, density, or other
factors. The proposed development will consist of approximately 11 acres of
open space.
2) Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure
the health, safety and general welfare of the present and future residents of the
County."The residential lots will be serviced by Little Thompson Water District
and individual septic systems.
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-The applicant will pave the internal road.
Section 27-2-40, Bulk requirements—The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District except for the size of the sign. The applicant
has requested the subdivision entrance sign to be between 25-50 square feet per face.
The Estate Zone District allows for a 32 square foot sign.
The applicant has met the remaining performance standards as delineated in Section 27 alma
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2-10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-210 of the Weld County Code.
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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
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Zoning, and with the future development as projected by Chapter 22 of the Weld County w
2006-0725 r"'" ee"
Resolution PZ-1085
Twin View Estates LLC
Page 2
Code or master plans of affected municipalities. The proposed site is not influenced by
an Inter-Governmental Agreement. The proposed development is located within the three
mile referral area of the Town of Berthoud, Town of Johnstown, and Larimer County.
The Town of Berthoud and Town of Johnstown indicated no conflicts with their interests.
The Weld County Planning Department has not received a response from Larimer
County.
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 residential lots will be serviced by Little Thompson
Water District. The Weld County Attorney's Office has indicated that the agreements
submitted by the applicant are adequate for the Change of Zone. The Weld County
Department of Public Health and Environment has indicated in a referral response dated
October 11, 2005 that the application has satisfied Chapter 27 of the Weld County Code
in regard to water and sewer service.
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 Change of Zone plat
submitted by the applicant shows roadways with a 60-foot right-of-way in width including
cul-de-sacs with a 65-foot outside radius. A typical road cross section shall be shown on
the Change of Zone plat. The typical local roadway section shall be shown as two 12-foot
paved lanes with 4-foot gravel shoulders. The cul-de-sac edge of pavement radius shall
be 50-feet. The applicants are requesting a waiver from curb, gutter and sidewalks. The
Department of Public Works is recommending approval of the applicant's request for a
waiver from curb, gutter and sidewalks.
The Department of Public Works is requiring the applicant to participate in the paving of
County Road 3. County Road 3 is classified as a local gravel road with 60 feet of right-of-
way.
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. The Weld County Department of Planning Services and Public
works has required a private and public Improvements Agreement in accordance with
Section 27-6-120.6.f of the Weld County Code for improvements to Twin View Estates
PUD and all off-site improvements prior to recording the final plat.
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. According to the application there
are two mineral interests the Twin View Estates, LLC (the applicant) and Magpie
Operation, Inc. A surface use agreement dated June 30, 2004 has been signed by Twin
View Estates, LLC and Magpie Operation Inc.
H. Section 27-6-120.6.h- Consistency exists between the proposed zone district(s), uses,
the specific or conceptual development guide. The submitted Specific Development
Guide does accurately reflect the performance standards and allowed uses described in
the proposed zone district, as described previously. The applicant is requesting that the
Final Plan be administratively reviewed. The Department of Planning Services is in
agreement with this request.
Resolution PZ-1085
Twin View Estates LLC
Page 3
This approval recommendation is based upon compliance with Chapter 27 requirements.
Change of Zone from A(Agricultural)to Planned Unit Development with Estate uses for nine (9)
residential lots and 11 acres of common open space (Twin View Estates PUD) is conditional upon the
following:
1. Prior to scheduling the Board of County Commissioner's Hearing:
A. The applicant shall submit a detailed entrance sign plan to the Department of Planning
Services. (Departments of Planning Services)
B. The applicant shall submit a detailed common open space diagram to the Department of
Planning Services illustrating how the detention pond adheres to Section 27-2-60 of the Weld
County Code. (Departments of Planning Services)
2. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) The plat shall be labeled PZ-1085. (Department of Planning Services)
2) The applicant shall clarify on the plat if there are 11 acres of open space or 10.8
acres of open space. (Department of Planning Services)
2) All future signs including entrance signs, street signs and stop signs shall be
delineated on the plat. (Department of Planning Services)
3) The applicant shall rename the streets according to the Weld County addressing
referral dated 9/7/05. (Weld County addressing)
4) All non-recorded easements shall be removed from the plat. (Department of
Planning Services)
B. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist
for the original parcel. (Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of Colorado Division
of Wildlife, as stated in the referral response dated 9/30/05. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
D. The applicant shall address the concerns of the Weld County Sheriff's Department as
stated in a memo dated November 1, 2005 and incorporate remedies for these concerns.
Written evidence of a solution shall be provided to the Department of Planning Services.
(Sheriff's Office)
E. The Change of Zone plat map shall be submitted to the Department of Planning Services'
for recording within thirty(30) days of approval by the Board of County Commissioners.
With the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for Images
is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
3. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes, prior to recording:
Resolution PZ-1085
Twin View Estates LLC •
Page 4
A. Change of Zone from A(Agricultural)to Planned Unit Development with Estate uses for
nine (9)residential lots and 11 acres of common open space (Twin View Estates PUD).
(Department of Planning Services).
B. Water service shall be obtained from Little Thompson Water District. (Department of
Public Health and Environment)
C. This subdivision 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)
D. 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)
E. 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)
F. 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)
G. 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)
H. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat. (Departments of Planning Services and Public
Health and Environment)
The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
J. Personnel from the Weld County Government 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 Development Standards stated herein and all applicable Weld County
Regulations. (Department of Planning Services)
K. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
L. A Home Owner's Association shall be established prior to the sale of any Lot.
Membership in the Association is mandatory for each parcel owner. The Association is
responsible for liability insurance, taxes and maintenance of open space, streets, private
utilities and other facilities along with the enforcement of covenants. (Department of
Planning Services)
M. Appropriate Building Permits shall be obtained prior to any construction or excavation.
(Department of Planning Services)
Resolution PZ-1085
Twin View Estates LLC
Page 5
N. No development activity shall commence on the property, nor shall any building permits
be issued on the property until the final plan has been approved and recorded.
(Department of Planning Services)
O. A separate building permit shall be obtained prior to the construction of any structure
including any future bus shelter, mail kiosk, entryway and/or gates. (Building Inspection)
P. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying
for each permit. (Building Inspection)
Q. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International
Residential Code; 2003 International Building Code; 2003 International Mechanical Code;
2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection)
R. Each residential building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered engineer.
(Building Inspection)
S. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by the County Code. (Building Inspection)
T. Building height shall be measured in accordance with the 2003 International 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. Offset and setback requirements are measured to
the farthest projection from the building. Property lines shall be clearly identified and all
property pins shall be staked prior to the first site inspection. (Building Inspection)
4. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence to the
Department of Planning Services from Weld County School District, RE-2J which
indicates that all district requirements have been met. (Department of Planning Services)
B. Prior to recording the final plat, the applicant shall submit to the Department of Planning
Services the deed to transfer the open space to the HOA. The Department of Planning
Services will record the deed with the final plat. (Department of Planning Services)
C. The applicant shall submit a private Improvement Agreement regarding collateral for all
improvements to the Planned Unit Development for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services)
D. The applicant shall submit covenants for Twin View Estates PUD. The covenants shall
include the following language for the protection of septic envelopes, activities such as
landscaping (i.e. planting of trees and shrubs)and construction (i.e. auxiliary structures,
dirt mounds, etc.) are expressly prohibited in the designated absorption field site. The
covenants shall be approved by the Weld County Attorney's Office prior to recording the
final plat. (Departments of Planning Services and Public Health and Environment)
E. The right-of-way for the internal roadway shall be dedicated to the County. (Department
of Planning Services)
Resolution PZ-1085
Twin View Estates LLC
Page 6
F. The applicant shall enter into an agreement with Weld County to proportionally share the
cost of improvements to County Road 3. The applicant shall submit a proposed public
improvements agreement with the final plat application. (Department of Public Works)
G. The applicant shall submit Certificates from the Secretary of State showing the
Homeowners Association has been formed and registered with the State. (Departments
of Planning Services)
H. The applicant shall submit to the Department of Planning Services approval of
preliminary addresses and street name from the Postal Service, Fire District and Sheriffs
Department. (Department of Planning Services)
The applicant shall address the requirements (concerns)of the Department of Public
Works, as stated in the referral response dated 9/29/05. (Department of Public Works)
J. Easements shall be shown in accordance with County standards and /or Utility Board
recommendations on the final plat. (Department of Planning Services)
K. Prior to recording the final plat, the applicant shall submit a digital file of all drawings
associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and
.dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arcinfo Coverages
and Arcinfo Export files format type is .e00. The preferred format for Images is .tif(Group
4) ... (Group 6 is not acceptable). (Department of Planning Services)
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
Michael Miller
Roy Spitzer
Erich Ehrlich
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Paul Branham
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to
serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 November 15, 2005.
Dated the 15'" of November, 2005.
Donita May
Secretary
I 1 - -5- oDcoS
2. CASE NUMBER: AmUSR-1259
APPLICANT: Riverbend do Eric Reckentine with LaFarge West Inc
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: N2 Section 13; NE4 NW4 Section 12; W 30 acres W2 SE4
Section 1; SE4 NW4 Section 12; E 30 acres SW4 SE4 Section
12; S2 of E 60 acres SW4 Section 12; W4 SW4 SE4 Section 12;
NW4 SE4 Section 12; E 30 acres NE4 SW4 Section 12; Pt N2
NE4 Section 24; E2 SE4 Section 12 of Ti N, R67W of the 6th
P.M., Weld County, Colorado, and W2 NW4 Section 18; W2
SW4 Section 18; Lot A and B of RE-2347 Pt NW4 Section 19;
Lots 1 and 2 SW4 Section 19; Pt W2 SE4 Section 19; Pt NW4
SE4 Section 19; W2 SW4 Section 7 of Ti N, R66W of the 6th
P.M., Weld County, CO.
REQUEST: An amended Site Specific Development Plan and a Special
Review Permit for a Mineral Resource Development facility
including a Concrete and Asphalt Batch Plant, Concrete Casting
Facility, Recycling Plant, Materials Blending, Import of Materials
and Gravel Mining in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 52; East of and adjacent to
CR 23; North of and adjacent to CR 6; and West of and adjacent
to State Highway 85.
Jacqueline Hatch, Department of Planning Services, said they had received a letter from Eric Reckentine
and LaFarge West requesting a continuance to allow the applicant time to revise the maps and
documents to reflect modifications to the permit boundary. Staff is requesting this case be continued
indefinitely.
The Chair asked if there was anyone in the audience wishing to speak for or against the continuance. As
there was no one, the public portion of the hearing was closed.
Doug Oschner moved that Case AmUSR-1259,be continued indefinitely. Tom Holton seconded the motion.
Motion carried unanimously.
CONSENT ITEMS
- 3. CASE NUMBER: PZ-1085
APPLICANT: Twin View Estates LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-2953; part of the SW4 of Section 5,T4N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: Planned Unit Development Change of Zone for nine(9) lots with
Estate uses, one (1) common open space outlot (11 acres) (Twin
View Estates PUD).
LOCATION: East of and adjacent to CR 3 and north of and adjacent to CR 48.
Lauren Light, AGPROfessionals, representing the applicant, said they wish to remain on the consent
agenda.
The Chair asked if there was anyone in the audience wishing to speak for or against the case remaining
on the consent agenda. As there was no one, the public portion of the hearing was closed.
El EXHIBIT
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4. CASE NUMBER: USR-1530
•APPLICANT: James &Gail Sutton
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot 2, Block 2, Carmacar Ranchettes; located in part of the E2 of
Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Use by Special Review Permit and Site Specific Development
Plan for an Office incidental to the operation of the Uses Allowed
by Right as listed in Section 23-3-20
LOCATION: West of and adjacent to Aspen Avenue and north of and
adjacent to Mountain View Street(North of CR 12;west of and
adjacent to CR 5).
James Sutton, the applicant, said he wished to remain on the consent agenda.
The Chair asked if there was anyone in the audience wishing to speak for or against the case remaining
on the consent agenda. As there was no one, the public portion of the hearing was closed.
Doug Oschner moved that Case PZ-1085 and Case USR-1530, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commission's recommendation of approval. Tom Holton seconded the motion. Motion carried
unanimously.
HEARING I'l'EMS
Specific time for public input has been set aside for discussion on the following items:
5. CASE: Code Changes/Submittal Dates &Planning Commission Hearing
Dates For 2006
SECTIONS: Appendix 22-E-Weld County Right to Farm, Section 22-1-50—
Comprehensive Plan Amendment Procedure, Section 23-1-90
Definitions, Section 23-3-30 Accessory Uses, Section 23-3-40
Uses by Special Review, Section 23-3-110.C.8 R-1 Zone District,
Section 23-3-420.G—Accessory Uses, Section 23-4-160
Temporary storage of Mobile Homes, Section 23-4-165
Temporary storage of semi trailers, Section 23-4-250 Permit
requirements, Section 23-4-260 Delegation of authority, Section
23-4-280 Permit requirements, Section 23-4-290 Delegation of
authority Replace Sign Code Chapter 23, Article IV, Division 2,
Section 23-4-70 Preamble, Section 23-4-80 General
Requirements, Table 1, 2, 3, Section 24-3-50.0 Minor
Subdivision, Section 24-4-40.D.6 Major Subdivision, Section 24-
5-30.B.3 Resubdivision change to lot lines, Section 24-4-40.D.6
Resubdivision redesign, Add as Section 24-8-50.L, Section 24-7-
20-A-1 Streets, Appendix 24-E- Roadway Cross Sections Section
24-8-50 Submittal Requirements, Section 27-8-40—Changes to
PUD final plan, Section 29-3-170 Approval and issuance of
permit, Section 29-3-280 Certificate of occupancy, Section 3307
Protection of adjoining property, Additional Changes: Replace
Section 23-2-260.B.11, Add Section 23-2-260.D.5.c.13, Replace
Section 23-2-160.L, Section 27-6-90 will be replaces with Section
27-6-90, Add Section 14-3-50.AA,Add Section 24-3-60.U.21,
Add Section 24-4-40.D.7, Add Section 24-4-40.D.3.z, Update
various section , Section 29-3-120
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