HomeMy WebLinkAbout20020695.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nickles 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-568
PLANNER: Carla Angeli
APPLICANT: DNS Development, LLC c/o David Dalglish
ADDRESS: 6025 Fox Hill Dr., Longmont, CO 80501
REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses
for seven residential lots and 4.445 acres of Common Open
Space
LEGAL DESCRIPTION: Lot B of RE-2196, being Part of the E2 of Section 5 , Township1
North, Range 68 West of the 6th P.M., Weld County Colorado
LOCATION: 1/4 mile South of Hwy 52 on Weld County Road 5, West on
Mountain View Street, North on Fir Avenue (West of Carmacar
Ranchette Subdivision)
be recommended favorably to the Board of County Commissioners for the following reasons:
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 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 27-6-120.6.6.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 this Code. The proposed
site is not influenced by an Inter-Governmental Agreement. The proposal is consistent
with the aforementioned documents as follows:
1) Section 22-2-60.A.1, A.Goal 1 --"Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture."
Chapter 22, Section 22-2-60.1.1, A.Goal 9 indicates that eighty (80)acres is
considered the minimum lot size for a viable farming operation. The subject
parcel is 28.6 acres net in size and is classified as"High Potential Dry Cropland"
farmland on the Important Farmlands of Weld County map. Given the lack of
viable soils, lack of irrigation water and shape of the parcel, the parcel is not
economically viable for agricultural production. Therefore, prime farmland will
not be removed from production.
2) Section 22-2-60.C.2, A.Policy 3— "Conversion of agricultural land to residential,
commercial and industrial development will be discouraged when the subject
site is located outside of a municipality's comprehensive plan area, urban
growth boundary area, or 1-25 Mixed Use Development area and urban
development nodes." The application proposes non-urban scale development
as defined by Section 27-2-140 of th Weld County Code. Section 27-2-140
defines non-urban scale development as "...developments comprising of nine
(9)or fewer residential lots, located in a non-urban area as defined in Chapter
22 of the Weld County Code, not adjacent to other PUDs, subdivisions,
2 EXHIBIT municipal boundaries or urban growth corridors." This proposal includes public
water and consists of seven (7) PUD Estate zoned residential lots and 4.445
_2...a__ acres of common open space. The minimum proposed lot size of 3.2 acres
2002-0695
Resolution Z-568
DNS Development
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coupled with the overall density of one system per 4.08 acres meets the current
Department policy. Section 27-2-190 defines urban scale development as that
development that either exceeds nine (9)lots or is located within close proximity
to existing PUDs, subdivisions, municipal boundaries or urban growth
boundaries. The subject site is located north of and adjacent to the Peaks at
Mountain View PUD and west of and adjacent to Carmacar Ranchettes, thus
urban scale development standards shall be imposed.
3) 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 proposed open space of
4.445 acres meets the requirements of PUD.Policy 4.2
4) 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 application has satisfied Chapter 27 of the Weld
County Code in regard to water service. Water is to be provided by the Left
Hand Water District. Evidence of pre-purchased water taps from Left Hand
Water District is provided in the application materials. The application has
satisfied Chapter 27 of the Weld County Code in regard to sewer service.
Sewer will be provided by individual sewage disposal systems. Preliminary
percolation data included in the sketch plan application indicates the area in the
vicinity of Lot 5 will require an engineered system due to unsuitable percolation
rates. The preliminary data includes that the other sites will be suitable for
e"- conventional 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. The applicant has met the twenty performance
standards as delineated in Section 27-2-10 regarding access, buffering and screening,
bulk requirements, circulation, etcetera. 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 Intergovernmental Agreement but is within the three mile referral area of the Towns
of Dacono, Frederick, and Erie. Dacono and Frederick found no conflicts with their
interests. The Town of Erie did not respond however the applicant did speak with Hallie
Sawyer from Erie and she stated they would not oppose the proposal.
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 of the Weld County Code. Left Hand Water District has indicated
their ability and willingness to service this application. Sewage disposal will be served
by Individual Sewage Disposal Systems (I.S.D.S.) Based on a geotechnical report from
Terracon dated March 20, 2001, "...construction of standard septic systems and leach
fields may be feasible for the majority of the site". Primary and secondary septic
systems shall be designated on each lot as recommended. Language restricting
building on the septic system envelopes will be included in the homeowners association
covenants, which will be submitted with the Final Plan application.
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
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requirements of the uses of the proposed PUD Zone District. The developers of the
PUD have requested a waiver to the county requirements to pave the internal streets of
the proposal. The request has been declined by the Department of Planning Services'
and the Department of Public Works. All urban scale developments shall pave the
internal road systems of the development. Urban scale development requires support
services such as central water, sewer systems, road networks, parks and recreation
facilities and programs, and storm drainage. Internal roadways require 60 feet of right-
of-way. The roadway shown on the plat does meet the requirements of the Weld
County Code which is two 12'paved lanes and two 4'shoulders. The typical street
section shown on the Change of Zone plat is acceptable. The paving cross section and
a road construction plan can be submitted at the final plat stage.
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 applicant did not include a preliminary road improvements agreement.
Development Standards and Conditions of Approval ensure compliance with Chapter
24, Article VII, and Sections 24-9-10 and 24-9-20 of the Weld County Code. A Road
Maintenance and Improvements Agreement shall be submitted that addresses dust
control and participation in a Carmacar improvement district for paving. This along with
final roadway plans and a more detailed drainage report shall be submitted with the
Final Plat application.
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.
Effective December 1, 1999, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Southwest Weld Road Impact Program
Area 2. (Chapter 20, Article II of the Weld County Code)
The Colorado Geological Survey, in their referral letter dated July 2, 2001, identified
several areas of concern for the site. These concerns address such issues as lignite,
the oil and gas wells, groundwater, and foundation and I.S.D.S. design. However, they
indicated that no geologic conditions exist that would preclude development.
Development Standards included at the Final Plan will ensure the site is developed
according to the Colorado Geological Survey recommendations.
In the referral response dated December 12, 2001, the Weld County Building Inspection
Department is requiring engineered foundations based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Also a
plan review will be required for each building. Two complete sets of plans are required
when applying for the permit.
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 accurately reflects 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' staff concurs with this request.
This Approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A(Agricultural)to PUD with Estate Zone District uses is conditional upon the
following:
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1. The applicant shall submit evidence that an agreement has been reached with the property's
mineral owners or submit evidence that the mineral owners concerns have been mitigated.
2. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1. The future extension of Longs Peak Street with the appropriate right-of-way
delineated. (Department of Planning Services)
2. The bus pullout with mailboxes. (Department of Planning Services)
3. The placement of building envelopes for Lots 2 and 3.
4. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. (Lot 6)
(Department of Planning Services)
5. The plat shall include street section with curb, gutter, and sidewalks. (Department
of Planning Services)
6. All landscaping within the intersection sight triangles must be less than 3.5 feet
above the road level at maturity.(Department of Public Works)
7. The applicant shall attempt to address the requirements (concerns)of the Weld
County Sheriffs Office. Evidence shall be submitted to the Department of
Planning Services' prior to recording the plat.
8. The applicant shall attempt to address the requirements (concerns)of the St.
Vrain Valley School District, RE-1J. Evidence shall be submitted to the
Department of Planning Services prior to recording the plat.
9. The applicant shall submit a proposed estimate of time for construction of the
PUD. (Department of Planning Services)
B. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld
County Code. (Department of Planning Services)
C. 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). (Dept. of Planning Services)
3. 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 PUD Change of Zone from A(Agricultural)to
PUD with Estate Zone District uses as indicated in the application materials on file in the
Department of Planning Services and subject and governed by the Conditions of
Approval stated hereon and all applicable Weld County Regulations.
B. The applicant shall utilize water from Left Hand Water District. (Department of Public
Health and Environment)
C. A Weld County Septic Permit is required for each proposed septic system and shall be
installed according to the Weld County Individual Sewage Disposal System Regulations.
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Each septic system shall be designed for site-specific conditions, including but not limited
to maximum seasonal high groundwater, poor soils and shallow bedrock. (Department
of Public Health and Environment)
D. The applicant shall obtain a storm water discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment, if required. Silt
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)
E. If land development creates more than a 25 acre contiguous disturbance, or exceeds six
(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)
F. During the development of the site, all land disturbance shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions, at the
request of the Weld County Department of Public Health and Environment, 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 five 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. 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)
I. Weld County's Right to Farm as provided in the Weld County Code shall be placed on
any recorded plat. (Department of Planning Services) (Department of Public Health and
Environment)
J. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
K. 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 and Building
Inspection)
L. 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)
M. Proper building permits shall be obtained prior to any construction, remodeling,
demolition or excavation. (Department of Building Inspection)
N. All structures shall conform to the Section 29-2-20 of the Weld County Code, Article II
(1997 Uniform Building Code), Section 29-2-30 of the Weld County Code,Article II
(1998 International Mechanical Code), Section 29-2-40 of the Weld County Code, Article
II (1999 Electrical Code), 29-2-50 of the Weld County Code, Article II (1997 International
Plumbing Code)and Section 29-2-10 of the Weld County Code, Article II, Chapter 29
(current Weld County Building Ordinance). (Department of Building Inspection)
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O. All buildings or structures shall maintain distances from the property lines and adjacent
structures as outlined in Section 29-3-160 of the Weld County Code. (Department of
Building Inspection)
P. 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)
Q. Personnel from the Weld County Departments of Public Health and Environment, public
Works, and Planning Services' 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.
R. 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 hearing revoke the PUD Zone District and order the recorded PUD Zone
District reverted to the original Zone District. (Dept. 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. (Department
of Planning Services)
5. At the time of Final Plan submission:
A. The applicant shall submit final road layout and alignment plans with associated
documents to the Department of Public Works for their review and approval. (Department
of Public Works)
B. The applicant shall submit an on-site (Private) Improvements Agreement that addresses
all improvements associated with this development, per compliance with Section 24-9-10
of the Weld County Code. (Department of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services that approval
was received from the Department of Public Works of an Improvements Agreement
Regarding Collateral for the Transportation portion of the PUD. (Departments of Public
Works, Planning Services)
D. The applicant shall submit a draft of the Homeowner's Association bylaws and covenants.
(Department of Planning Services)
E. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 (PUD)
of the Weld County Code. (Department of Planning Services)
F. The applicant shall contact the appropriate postal service, ambulance service, fire district,
St. Vrain School District, and Weld County Sheriffs Office have reviewed and approved
the preliminary addresses, bus/mail pick up location, and street name. (Department of
Planning Services)
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G. 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. The applicant shall supply designated street and stop signs, as required by Weld County
Public Works, at the appropriate locations. (Department of Public Works)
Motion seconded by John Folsom.
VOTE:
For Passage Against Passage
Michael Miller
Cristie Nicklas
Cathy Clamp
John Folsom
Luis Llerena
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 March 5, 2002.
Dated the 5'h day of March, 2002.
\\on _Ml Zug
Voneen Macklin
Secretary
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