HomeMy WebLinkAbout20022491.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, along with the addition of 1D and 1 E 8,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-622
APPLICANT: Shultz Farm, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-2838; being part of the NW4 of Section 31,T4N, R67W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to PUD for 9 lots with Estate Zone
Uses along with 9.4 acres of open space.
LOCATION: East of and adjacent to WCR 13; '/z mile north of WCR 38.
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 22-2-190.D.2.b, 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...."The application indicated 9.4 acres of open space
surrounding the lots.The application indicates that the open space will serve as a
buffer for the residential lots from the adjacent properties.The open space will also
be used by the residents of the PUD as open space. The application did not
indicate an irrigation source for the open space. In an e-mail dated August 15,
2002, the applicants representative has indicated that watering and maintenance
of the proposed trees in the open space will be with a tank truck to insure that the
trees become established.
2) Section 22-3-50.B.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 proposed PUD will be serviced by Little Thompson Water District for
potable water and fire protection requirements. Individual sewage disposal
systems will handle the effluent flow.
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.
4 EXHIBIT
2002-2491 I _,_
"1" Resolution PZ-622
Shultz Farm
Page 2
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District except for minimum lot size which will be one
(1)acre.
Section 27-2-80, Design standards — The Weld County Department of Public Works is
requiring a final drainage plan which adequately addresses all issues associated with the
proposal. Further,the applicant must contact Great Western Railroad to ensure release of
water onto railroad right-of-way is approved by Great Western.
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 27-2-210 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 proposed site is not influenced by an Inter-Governmental Agreement. The Town of
Mead stated that the proposal is within the area that the Town wishes to eventually be
within their boundary.The Towns of Johnstown and Milliken indicated no conflicts with their
interests. The Town of Berthoud did not respond to the referral request.
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 II the Weld County Code. The proposed PUD will be serviced by Little Thompson
Water District for potable water and fire protection requirements. The Weld County
Attorney's Office has indicated that the applicant has shown adequate water service in the
form of an agreement for water main extension and a construction contract with Gopher
Excavating. Individual sewage disposal systems will handle the effluent flow. The Weld
County Department of Public Health and Environment has indicated in a referral response
dated August 9, 2002 that the application has satisfied Chapter 27 of the Weld County
Code in regard to 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 Weld County Public Works Department has reviewed the proposal and has determined
that the internal road right-of-way shall be sixty(60)feet in width including cul-de-sacs with
a sixty-five(65)foot radius, and dedicated to the public. The typical roadway section of the
interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on
the final plat. The cul-de-sac edge of pavement radius shall be fifty(50)feet.
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 Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld
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County Code for improvements to The Estates at Hill Lake PUD and all on-site
improvements.
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.
The Weld County Department of Public Works stated that a final drainage report and
construction plans,conforming to the drainage report,shall be approved prior to recording
final plat.
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.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural)to PUD for 9 lots with Estate Zone Uses along with 9.4 acres of
open space is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The applicant shall meet with the Town of Mead as requested in a referral response dated
July 26, 2002. (Department of Planning Services)
B. The applicant shall address the concerns of the Weld County Sheriff's Department as
stated in a memo dated July 12, 2002 and incorporate remedies for these concerns.
Written evidence of a solution shall be provided to the Department of Planning Services.
(Sheriff's Office)
C. The applicant shall provide a confirmation letter from the Great Western Railroad verifying
railroad right-of-way. The letter shall also indicate Great Western's approval of the
applicants proposal to release storm water into the railroad right-of-way.This letter shall be
submitted prior to recording the Change of Zone plat. (Departments of Public Works and
Planning Services)
D. The applicant shall submit evidence that the Fire District has approved the turning radius
for the emergency access.
E. The plat shall be amended as follows:
1) The Change of Zone plat sheets shall be renumbered in successive order with
sheet total given. (Department of Public Works)
2) The applicant shall show and label all existing irrigation systems for this
development on the Change of Zone plat. (Department of Public Works)
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3) The applicant shall show the revised septic envelopes as approved by the Weld
County Department of Public Health and Environment. (Department of Public
Health and Environment)
4) The applicant shall show on the Change of Zone plat a typical roadway section
meeting PUD criteria. Evidence of Weld County Department of Public Works
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Works)
5) A 30-foot maintenance easement, measured from the top edge of the ditch, must
be preserved for the Farmers Extension Ditch. It is unclear from the plat if the
easement shown is measured from the top edge of the ditch. Show this on the
Change of Zone plat. (Department of Public Works)
6) All landscaping within sight distance triangles must be less than three (3)feet in
height at maturity, and noted on the Change of Zone plat. Entry signage must be
outside the sight distance triangles. (Department of Public Works)
7) The Change of Zone plat shall indicate the two fire hydrants approved by
Johnstown Fire Protection District. (Department of Planning Services)
8) The plat shall show the approved radius for the emergency access.
2. The Change of Zone is conditional upon the following and that each shall be placed on the Change
of Zone plat as notes prior to recording:
A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for
nine (9) residential lots along with 9.4 acres of open space as indicated in the application
materials on file in the Department of Planning Services. The PUD will adhere to the uses
allowed in the E (Estate) Zone District except for minimum lot size which will be one (1)
acre.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)with Estate
Zone District uses
B. Water service shall be obtained from the 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. Septic systems shall be designed for site-
specific conditions,including but not limited to,poor percolation rates,shallow groundwater,
bedrock, gravel and/or clay soils. (Department of Public Health and Environment)
D. Preservation and/or protection of the absorption field envelopes shall require that
permanent landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site. (Department of Public Health and Environment)
E. If required,the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt
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fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (Department of Public Health and Environment)
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 which 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)
I. 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. Open space restrictions are permanent. (Department of Planning Services)
J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
K. No animal units will be allowed on the open space. (Department of Planning Services)
L. Oil and gas facilities within the subdivision must be fenced to avoid tampering. (Sheriffs
Office)
M. All signs including entrance signs shall require building permits. Signs shall adhere to
Section 23-4-80 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services)
N. Building permits shall be obtained prior to the construction of any building or structure.
(Department of Building Inspection)
O. 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. (Department of Building Inspection)
P. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 1997 UBC, 1998 IMC, 1997
IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
Q. Each 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 bya Colorado registered engineer. (Department
of Building Inspection)
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R. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall
and opening protection and limitations shall be in accordance with UBC Table 5-A. (For
residential occupancies, walls shall be protected with one-hour fire resistive construction
within three feet of property lines and openings are not permitted within three feet of
property lines) Separation of buildings of mixed occupancy classifications shall be in
accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be
determined by the Zoning Ordinance. (Department of Building Inspection)
S. Building height shall be measured in accordance with the 1997 Uniform 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 27 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. (Department of Building Inspection)
T. The roadside drainage shall be contained within the right-of-way. (Department of Public
Works)
U. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
V. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
W. Personnel from the Weld County Departments of Public Health and Environment,Planning
Services' and Public Works 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)
X. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment,and Planning Services,
and adopted Weld County Code and Policies. (Department of Planning Services)
Y. 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)
Z. The applicant shall comply with Section 27-8-50 Weld County Code,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 submission of the PUD
Final Plan. The Board may extend the date for the submission 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
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hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted
to the original Zone District. (Department of Planning Services)
AA. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
4. 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)
5. At the time of Final Plan submission:
A. The applicant shall verify the existing 30-foot roadway right-of-way, and the documents
creating the right-of-way noted on the final plat. If the right-of-way cannot be verified, it will
be dedicated on the final plat. (Department of Public Works)
B. The additional 40-foot of right-of-way shown on the Change of Zone plat shall be dedicated.
If the right-of-way cannot be verified, it will be dedicated on the final plat. (Department of
Public Works)
C. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat.(Department of Public Works)
D. The applicant shall provide a pavement design prepared by a professional engineer along
with the final plat submittal. (Department of Public Works)
E. The applicant shall submit Roadway and Grading Plans along with details with the final plat
application. Stop signs and street name signs will be required at all intersections and shall
be indicated on the final roadway plans. (Department of Public Works)
F. The applicant shall submit an on-site(Private) Improvements Agreement with the final plat
application that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Department of Planning
Services)
G. A final drainage report stamped, signed and dated by a professional engineer licensed in
the State of Colorado along with construction plans,conforming to the drainage report shall
be submitted with the final plat application.The final drainage report shall address all issues
listed in the Weld County Department of Public Works referral dated 8/12/2002.
(Department of Public Works)
H. The applicant shall submit a final Landscape Plan which addresses the following:
(Department of Planning Services)
1) The applicant shall provide additional information pertaining to the selection of plant
material near the tank battery complex and methods of mitigation for snow.
2) The applicant shall identify type of road surface for the emergency access.
Resolution PZ-622
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3) The applicant shall provide additional information pertaining to plant material mix
of the proposed native grasses, the method of installation and the management
practices to be implemented such that noxious weeds are not prevalent within this
development.
4) The applicant shall provide additional information pertaining to the location of the
evergreen plants adjacent to the railroad in relationship to the drainage swale.
5) The applicant shall provide additional information pertaining to the entry sign and
plant materials, including common, botanical and species names, size at
installation and any additional information deemed necessary by Landscape
Designer.
6) The applicant shall provide additional information pertaining to the watering and
maintenance of the proposed trees in the open space.
The applicant shall submit a time frame for construction in accordance to Section 27-2-200
of the Weld County Code. (Department of Planning Services)
J. The applicant shall submit development covenants for The Estates at Hill Lake PUD.
Language for the preservation and/or protection of the absorption field envelopes shall be
placed in the development covenants. The covenants shall state that activities such as
permanent landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site. (Department of Public Health and Environment)
K. The applicant shall submit evidence to the Weld County Department of Planning Services
with the final plan application that all proposed street names and lot addresses have been
submitted to the Mountain View Fire Protection District, the Weld County Sheriff's Office,
the Weld County Ambulance Services Department and the Post Office for review.
(Department of Planning Services)
L. The final plat shall include a common mail/bus pick-up area. Evidence shall be provided
to Weld County Department of Planning Services from the applicable Post Office stating
that this location meets their design standards and delivery requirements. Should a single
pedestal mail box not be the preferred standard,written evidence from the applicable Post
Office shall be provided stating the contrary. (Department of Planning Services)
M. The applicant shall contact the Thompson RE-5J School District, to finalize a bus pick-up
location, shelter and an agreement for payment of cash in lieu of land dedication. Written
evidence of compliance with all School Districts standards and requirements shall be
submitted to the Department of Planning Services prior to recording the final plat.
(Department of Planning Services)
N. At the time of recording, 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), Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ...
(Group 6 is not acceptable). (Dept. of Planning Services)
�-. 6. Prior to the release of any building permits:
A. Complete plans for the site shall be submitted for review by the Johnstown Fire Protection
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District. (Department of Planning Services)
7. Prior to construction:
A. The applicant shall coordinate work in the right-of-way with the County's railroad crossing
project. Various concerns such as grades, drainage and sight distance will need to be
orchestrated between these two projects. (Department of Public Works)
Motion seconded by Stephan Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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, Voneen Macklin, 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 August 20, 2002.
D? ed the 20th of August, 2002.
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Voneen Macklin
Secretary
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