HomeMy WebLinkAbout20021177.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant California Homes, Inc. Case Number Z-548
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (11/17/00) X
3 Department of Planning Services field check form X
4 Planning Commissioner field check form X
5 Letter to Applicant X
6 Legal Notifications (3 pages) X
7 Application (11 pages) X
8 Referral list X
9 Colorado Department of Transportation referral received 9/5/00 X
10 Longmont Soil Conservation District referral received 10/10/00 X
11 St. Vrain Valley School District RE-1J referral received 8/4/00 X
12 Weld County Department of Public Health & Environment referral X
received 8/1/00
13 Mountain View Fire District referral received 7/17/00 X
14 Weld County Department of Building Inspection referral received X
7/19/00
15 Weld County Department of Public Works referral received X
7/25/00
16 8 1/2 X 11 maps submitted by applicant(4 pages) X
17 Title policy/legal descriptions (9 pages) X
18 Surrounding Property Owners (18 pages) X
19 Little Thompson water extension agreement (2 pages) X
20 Little Thompson Water District ability to serve letter(2 pages) X
21 St. Vrain Sanitation District ability to serve letters (3 pages) X
22 St. Vrain Sanitation District Sewer line extension agreement (5 X
pages)
23 Preliminary lot layouts (4 pages) X
24 Road Cross-Sections (2 pages) X
25 Weld County Road 9.5 preliminary road design X
EX(4I$1T
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2002-1177 ras *SO
.—� 26 Community petition for redesign of Weld County Road 9.5 X
27 Staff Comments (3/20/01) (fi lid u,Q,r (malt; Tab) X
28 Draft Improvements Agreement (Public) X
29 Draft Improvements Agreement(Private Road Maintenance) X
30 St. Vrain Sanitation District Ability i� to Serve Letter dated 11/3/00 X
„cider page) (t;��f 2r u-tili li"Q-C)
31 Little Thompson Water District Ability to Serve Letter dated X
November 21, 2000 (r (2rl u,rrbr (+ j; i es Tot?)
32 Amendments to Exhibit 18 X
32 Items submitted at planning commission
I hereby certify that the 32 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
Chris Gathman ❖ Current Planner
4
COLORADO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE #: Z-548
PLANNER: Chris Gathman
APPLICANT: California Home, Inc.
ADDRESS: 3118 Marlin Drive, Longmont, CO 80503
REQUEST: Change of Zone from Agriculture to PUD to create (18) eighteen PUD zoned lots
for commercial and industrial uses on approximately 22 Acres along with 6 acres
of open space
LEGAL DESCRIPTION: Part of the NW4 of NW4 of Section 35, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 28 and East of and adjacent to Interstate 25
frontage road
ACRES: +/- 30 Acres PARCEL # 1061 19 000043
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with Section 6.4.3 of the Weld County Planned
Unit Development Ordinance #197 as follows:
A. Section 27-6-120 8.6.a The proposal is consistent within the Comprehensive Plan,
MUD Ordinance, if applicable, any Intergovernmental Agreement in effect
influencing the PUD, and the Weld County Zoning and Subdivision Ordinance.
This development is located within the Mixed Use Development Area (MUD). The
property is designated as "Employment Center" on the Mixed Use Development
Area Structural Plan Map. The proposed application is consistent with this land use
designation.
B. Section 27-6-120 8.6.6 The uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in
Chapter 27, Article II of the Weld County Code. The Department of Planning
Services' staff has determined that the submitted application does comply with the
20 standards described in Chapter 27, Article II of the Weld County Code.
EXHIBIT
I _23
Z-548-Del Camino/Northridge PUD
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C. Section 27-6-120 8.6.c That the uses which would be permitted will 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
development is not located within an urban growth boundary. It is located within the
3-mile referral areas for the Towns of Firestone and Mead. No referral response
was provided by these municipalities indicating a conflict with their interests.
D. Section 27-6-120 8.6.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 Chapter 27, Article II of the Weld County Code.
Domestic water and water for fire protection shall be provided by the Little
Thompson Water District. Sewer service shall be provided by the St. Vrain
Sanitation District.
E. Section 27-6-120 8.6.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 Zone District. This
property is located within the Weld County Road 9.5 realignment area. The Weld
County Public Works Department, in their July 20, 2000 referral, encouraged the
applicant to meet with neighboring property owners and the Public Works
Department to determine a location for the realignment. This application was
continued indefinitely on November 21, 2000 because the applicant did not submit
substantial evidence to indicate that the proposed realignment of Weld County
Road 9.5 would not substantially impact the design of the proposed development.
The applicant and neighboring property owners reached an agreement to realign
Weld County Road 9.5 to the south and east of the applicant's property. The Weld
County Road 9.5 realignment traverses through the proposed Siegrest development
(Riverdance PUD) to the south of the applicant's proposal.
On January 10, 2001, the Weld County Board of Commissioners voted to approve
the substantial change for the proposed Siegrist development (Riverdance PUD)
based on the realignment of Weld County Road 9.5. At this hearing,
representatives for Mr. Siegrist agreed to the proposed realignment of Weld County
Road 9.5 and indicated that the roadway would be able to be constructed
regardless of obstructions. The Weld County Department of Public Works has
indicated that this is sufficient evidence that the Weld County Road 9.5 realignment
will not impact this application and that the applicant can proceed with this
application.
F. Section 27-6-120 8.6.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 and a road improvements agreement is complete and has been
submitted, if applicable. Improvements to the internal road will be required and
improvements to North Ridge Road will be required, and shall be ensured through
a Private and Public Improvements Agreement.
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Z-548-Del Camino/Northridge PUD 2
G. Section 27-6-120 8.6.g There has been compliance with the applicable
requirements contained in the Weld County Code regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site. The proposed
Change of Zone is located within the Southwest Weld County Road Impact Fee
Area #3. Road impact fees shall be paid prior to issuance of building permits.
H. Section 27-6-120 8.6.h Consistency exists between the proposed zone district,
uses and the Specific or Conceptual Development Guide. The submitted
Conceptual Development Guide does accurately reflect the performance standards
and allowed uses described in the proposed zone district. The final plan will be
required to have a Board of County Commissioners hearing.
This recommendation is based, in part, upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
The Change of Zone from Agricultural to PUD for 18 lots for commercial and industrial uses
is conditional upon the following:
1. The change of zone plat map shall be submitted to the Department of Planning Services
for recording within 60 days of approval by the Board of County Commissioners.
2. Prior to scheduling a hearing before the Board of County Commissioners:
A. C.M. Goal 1 states"conserve lands which provide valuable natural mineral deposits
for potential future use in accordance with Colorado State Law." The applicant shall
either submit to the Weld County Department of Planning Services a copy of an
agreement with the properties mineral owners stipulating that mineral owners
interests have been addressed or submit evidence to the Department of Planning
Services indicating that there are no commercial mineral deposits on site. (Dept.
of Planning Services)
B. O.G Policy 1.1 of the Weld County Comprehensive Plan states "new planned unit
developments or subdivisions should be planned to take into account current and
future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit to the Weld County
Department of Planning Services a copy of an agreement with the properties
mineral owners and the existing oil & gas facilities stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show
evidence that an adequate attempt has been made to mitigate the concerns of the
oil and gas companies and mineral owners. (Dept. of Planning Services)
C. Appropriate documentation from Little Thompson Water District shall be provided
that indicates not only the taps are available, but that assurance these connections
have been made. The style of assurance may take several forms, however pre-
purchase of taps, line extension agreements, or another form of "participation
agreement" will be acceptable (agreement to be signed by both parties). The
agreements shall be approved by the Weld County Attorney's Office. (Dept. of
Planning Services)
Z-548-Del Camino/Northridge PUD 3
D. Appropriate documentation from the St. Vrain Valley Sanitation District shall be
provided that indicates not only the taps are available, but that assurance of these
connections have been made. The style of assurance may take several forms,
however pre-purchase of taps, line extension agreements, or another form of
"participation agreement" will be acceptable (agreement to be signed by both
parties). The agreements shall be approved by the Weld County Attorney's Office.
(Dept. of Planning Services)
3. Prior to recording the Change of Zone plat:
A. The applicant shall submit a copy of an agreement with the Highland Ditch
Company, whose irrigation ditch runs through the eastern half of the proposed
development (between Block 2 and Block 3), stipulating that all concerns of the
ditch company have been adequately addressed, or submit evidence that
reasonable accommodations have been made. (Dept. of Planning Services)
B. A Landscape Plan and maintenance schedule shall be submitted to the
Department of Planning Services for review and approval. The Landscape Plan
shall adhere to the requirements of Section 27-9-30 of the Weld County Code. The
Landscape Plan shall address adequate buffering and screening from surrounding
Agricultural uses. (Dept. of Planning Services)
C. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld
County Code and the plat shall be amended to include the following:
1) "Weld County's Right to Farm" from Chapter 22 of the Weld County Code.
It reads as follows:
WELD COUNTY'S RIGHT TO FARM Weld County is one of the most
productive agricultural counties in the United States, ranking fifth in total
market value of agricultural products sold. The rural areas of Weld County
may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with longstanding agricultural practices and
a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone
forever.
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban
users into a rural area. Well-run agricultural activities will generate off-site
impacts, including noise from tractors and equipment; slow-moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and
gravel roads; odor from animal confinement, silage and manure; smoke
from ditch burning; flies and mosquitoes; and the use of pesticides and
Z-548 -Del Camino/Northridge PUD 4
fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved "out of the way" of residential
development without threatening the efficient delivery of irrigation to fields
which is essential to farm production.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly
or reasonably associated with agricultural production.
Weld County covers a land area of over four thousand (4,000)square miles
in size (twice the size of the State of Delaware) with more than three
thousand seven hundred (3,700)miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints
more than on patrols of the County and the distances which must be
traveled may delay all emergency responses, including law enforcement,
ambulance and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies County gravel
roads, no matter how often they are bladed, will not provide the same kind
of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after
a major snowstorm. Snow removal for roads within subdivisions are of the
lowest priority for public works or may be the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent
to municipal services. Rural dwellers must, by necessity, be more self-
sufficient than urban dwellers.
Children are exposed to different hazards in the County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and
irrigation ditches, electrical power for pumps and center pivot operations,
high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock present real threats to children. Controlling children's activities is
important, not only for their safety, but also for the protection of the farmer's
livelihood. Parents are responsible for their children. (Dept. of Planning
Services, Dept. of Public Health & Environment)
2) A typical road cross section for Benjamin Avenue, Palace Court and Garden
Way shall be delineated on the plat. (Dept. of Public Works)
3) The name of the street, which shall not conflict with any other street within the
particular U.S. Postal area. (Dept. of Planning Services)
4) The applicant shall place on the plat the location of the detention pond. The
configuration of the detention pond and outlet structure and any additional cross
drainage culverts across the internal roadway (including any in the
State Highway right-of-way at the entrance) shall be placed on the plat. (Dept.
of Public Works)
Z-548-Del Camino/Northridge PUD 5
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5) The approved landscape plan.
6) The following notes and information shall be delineated on the Change of Zone
plat:
1. The PUD shall consist of eighteen (18) PUD zoned lots together with
common open space areas. The Change of Zone allows for C-4
Commercial uses and I-1 Industrial uses which shall comply with the PUD
Zone District requirements as set forth in Sections 23-3-500 through 23-3-
540 of the Weld County Code. The common open space shall be owned
and maintained in accordance with Section 27-6-80 of the Weld County
Code. (Dept. of Planning Services)
2. Water service shall be provided by the Little Thompson Water District.
(Dept. of Public Health & Environment)
3. Sewer service shall be provided by the St. Vrain Sanitation District. (Dept.
of Public Health & Environment)
4. The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department,Weld County Department of Public
Health & Environment, and the Weld County Department of Planning
Services. (Dept. of Public Health & Environment, Dept. of Public Works,
Dept. of Planning Services)
5. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Dept. of Planning Services)
6. Weld County's Right to Farm, as stated on this plat, shall be recognized at
all times. (Dept. of Planning Services)
7. The applicant shall obtain a storm water drainage 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. (Dept. of Public Health and Environment)
8. During development of the site, all land disturbance shall be conducted so
that nuisance conditions are not created. If dust conditions create nuisance
conditions, at the request of the Weld County Health Department, a fugitive
dust control plan must be submitted. (Dept. of Public Health&Environment)
9. In accordance with the regulations of the Colorado Air Quality Control
Commission, any development which disturbs more than five (5) acres of
land must incorporate all available and practical methods which are
technologically and economically feasible in order to minimize dust
emission. (Dept. of Public Health and Environment)
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Z-548-Del Camino/Northridge PUD 6
10. If land development creates more than a twenty-five (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. (Dept. of Public Health and Environment)
11. Electrical permits shall be obtained for any irrigation systems for the
development. (Dept. of Building Inspection)
12. Proper building permits shall be obtained prior to any construction or
excavation. Building permits shall be obtained prior to any buildings or
structures being remodeled or demolished. (Dept. of Building Inspection)
13. Building permits are required for dwellings and any accessory buildings
being constructed or moved onto the property. (Dept. of Building
Inspection)
14. All buildings shall be engineered and will require an engineered foundation.
Such foundation design shall be based on a site-specific geotechnical report
or an "open hole"inspection made by a Colorado licensed engineer. (Dept.
of Building Inspection)
15. All buildings or structures shall maintain distances from property lines and
adjacent buildings as outlined in Section 503 and Table 5-A of the 1997
Uniform Building Code. (Dept. of Building Inspection)
16. Fire-protection systems shall be installed as required in Chapter 9 of the
1997 Uniform Building Code. (Dept. of Building Inspection)
17. Handicapped accessibility shall be provided to all buildings. All buildings
shall be accessible as required in Chapter 11 and Appendix Chapter 11 of
the 1997 Uniform Building Code. (Dept. of Building Inspection)
18. The appropriate fire district shall receive a complete set of construction
documents prior to the development of any specific site. (Dept. of Building
Inspection)
19. Additional requirements or changes may be required when building
applications or plans are reviewed by the Weld County Building Inspection
Department or the Mountain View Fire Protection District. (Dept.of Building
Inspection)
20. Any signage located on the property shall require building permits and
adhere to Sections 23-4-110 and 27-6-90 of the Weld County Code. (Dept.
of Planning Services)
Z-548 -Del Camino/Northridge PUD 7
21. The applicant shall comply with Section 27-8-50 of the 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
submittal of the PUD Final Plan. The Board may extend the date for the
submittal 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. Prior to submitting Final Plan application:
A. Construction plans for the utilities, showing the configuration of streets, the location of
fire hydrants, the size of water mains and available fire flows will need to be submitted
to the Mountain View Fire Protection District for review and approval. Evidence of Fire
District approval shall be submitted to the Department of Planning Services. (Mountain
View Fire Protection District)
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B. The applicant shall investigate the feasibility of placing a trail easement east of the
existing irrigation canal. The trail easement shall be connected with future
development on the north and south of this property for a regional trail spur off the St.
Vrain Valley Trails and Open Lands Master Plan. The applicant shall meet with ditch
owners and the Weld County Long Range Planner to investigate the feasibility of this
placement. (Weld County Dept. of Planning Services)
5. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code, and
shall specifically address the following as well:
A. The Final Plan application shall include Improvements Agreements in accordance with
Sections 24-9-10 and 24-9-20 of the Weld County Code.The agreements shall include
the internal roads(including Benjamin Avenue),trail, landscaping of the common open
space and any other appropriate construction elements. The applicant shall indicate
if the road maintenance of Garden Way and Palace Court will be the responsibility of
the Business Owner's Association or if the applicant will request that the road be
placed on the County road system. (Dept. of Public Works).
B. The Final Plan application shall specify the Business Owners Association's method of
trail and landscape maintenance. (Dept. of Planning Services)
C. The draft covenants and Business Owner's Association shall address open space
maintenance and landscaping in accordance with Section 27-6-60 of the Weld County
Code. (Dept. of Planning Services)
Z-548-Del Camino/Northridge PUD 8
D. The Final Plan application shall demonstrate compliance with the recommendations
of the Colorado Geological Survey as stated in their referral dated August 13, 1999.
(Dept. of Planning Services)
E. The applicant shall submit a copy of the final plat with addresses and street names to
be reviewed by the Weld County Sheriff's Office, Mountain View Fire Protection District
and the Post Office which will serve the development for review. Comments from
these agencies shall be submitted to Department of Planning Services with the Final
Plan application. (Dept. of Planning Services)
F. Copy of an agreement from the property owner to the south indicating that they will
construct the south % of North Ridge Road. The location of the right-of-way shall be
indicated on the plat. The applicant will be required to build at least a 24' wide paved
road section with curb, gutter and sidewalk. (Dept. of Public Works)
G. If there is not an agreement with the property to the south to dedicate a portion of the
right-of-way for North Ridge Road, the applicant will be required to dedicate the entire
right-of-way. The revised location of the right-of-way shall be indicated on the plat.
The applicant will be required to build at least a 24'wide paved section with curb,gutter
and sidewalk. (Dept. of Public Works)
H. The applicant is proposing to plant trees in the 50' buffer area above a gas line and
water line (Little Thompson Water District). The applicant shall provide a letter from
the Little Thompson Water District and gas company indicating that it is acceptable to
plant trees above their respective lines.
I. Lanceleaf Cottonwood has an invasive root system that could damage underlying
water and gas lines. Lanceleaf Cottonwoods are proposed for the 50' buffer area on
the west end of the proposed development. The applicant should either replace
Lanceleaf cottonwoods with another form of landscaping or provide a letter from an
arborist registered with the State of Colorado that Lanceleaf Cottonwoods are
acceptable and will not damage the underlying utility lines.
6. Prior to recording final plat:
A. The Board of County Commissioners shall review and approve the signed and dated
Improvements Agreement According to Policy Regarding Collateral for Improvements
(Public Road Maintenance and Private Road Maintenance) including the form of
collateral. The security for the Agreement shall be tendered and accepted by the
Board of County Commissioners. The Improvements agreement will include, in
addition to internal improvements, building at least a 24'wide paved road section with
curb, gutter and sidewalk for proposed North Ridge Road.
7. Prior to the release of any building permits:
A. Street intersections shall be marked with signs showing street names and address
ranges prior to construction.
Z-548 -Del Camino/Northridge PUD 9
B. Proposed Commercial and industrial developments on this site shall require a Site Plan
Review in accordance with Sections 23-2-150 and 23-2-260 of the Weld County Code.
Z-548 -Del Camino/Northridge PUD 10
46/11:41
WUDc.
COLORADO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE NUMBER: Z-548 I///7/aooc
PLANNER: Chris Gathman
APPLICANT: California Home, Inc.
ADDRESS: 3118 Marlin Drive, Longmont, CO 80503
REQUEST: Change of Zone from Agriculture to PUD to create (18) eighteen PUD zoned lots
for commercial and industrial uses on approximately 43 Acres along with 6 acres
of open space
LEGAL DESCRIPTION: Part of the NW4 of NW4 of Section 35,Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 28 and East of and adjacent to Interstate 25
frontage road
ACRES: +/- 30 Acres PARCEL # 1061 19 000043
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are not in compliance with Section 6.4.3 of the Weld County
Planned Unit Development Ordinance #197 as follows:
A. Section 6.4.4.6.5 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 Zone District. This property is
located within the Weld County Road 9.5 realignment area. The Weld County
Public Works Department, in their July 20, 2000 referral, encouraged the applicant
to meet with neighboring property owners and the Public Works Department to
determine a location for the realignment. I spoke with Diane Houghtaling of the
Public Works Department on November 14, 2000 and she indicated that the
applicant did not provide adequate evidence that their proposed realignment would
meet County standards. Therefore,the recommendation of Public Works regarding
this application is denial. Improvements to the internal roads will be required, and
shall be ensured through an Improvements Agreement.
EXHIBIT
2-
Z-548 - Del Camino/Northridge PUD
B. Section 6.4.4.6.6 In the event the street or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and financial
capacity to upgrade the street or highway facilities in conformance with the
Transportation Section of the comprehensive plan, Subdivision Ordinance, and the
MUD Ordinance, if applicable. This shall be shown by submitting, with the PUD
district application, a separate proposal for on-site and off-site improvement
agreements. This proposal shall describe, in detail, the type of on-site
improvements in compliance with Section 12 of the Subdivision Ordinance and off-
site road improvements in compliance with Section 13 of the Subdivision Ordinance,
to determine if the requirement for street or highway facilities providing access to
the property has been satisfied. The method of guarantee shall conform with Weld
County's policy regarding Collateral for Improvements. The applicant has not
submitted evidence to the Department of Public Works that indicates the proposed
realignment for Weld County Road 9.5 will meet County standards. Improvements
to the internal road will be required,and shall be ensured through an Improvements
Agreement. An improvements agreement will be required to improve North Ridge
Road at final plan.
This recommendation is based, in part, upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
Should the Planning Commission motion to approve this application the Change of Zone
from A(Agricultural)to PUD for an Eighteen Lot Subdivision conditional upon the following:
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1. The change of zone plat map shall be submitted to the Department of Planning Services
for recording within 30 days of approval by the Board of County Commissioners.
2. Prior to scheduling a hearing before the Board of County Commissioners:
A. C.M. Goal 1 states"conserve lands which provide valuable natural mineral deposits
for potential future use in accordance with Colorado State Law." The applicant shall
wither submit to the Weld County Department of Planning Services a copy of an
agreement with the properties mineral owners indicating an allowance to develop
the property as proposed or submit evidence to the Department of Planning
Services indicating that there are no commercial mineral deposits on site. (Dept.
of Planning Services)
3. Prior to recording the Change of Zone plat:
A. The applicant shall dedicate 120' of right-of-way (for Benjamin Avenue) to Weld
County to provide the possible 120'right-of-way required for a minor arterial. (Dept.
of Public Works)
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Z-548 - Del Camino/Northridge PUD 2
B. O.G Policy 1.1 of the Weld County Comprehensive Plan states "new planned unit
developments or subdivisions should be planned to take into account current and
future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit to the Weld County
Department of Planning Services a copy of an agreement with the properties
mineral owners and the existing oil & gas facilities stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show
evidence that an adequate attempt has been made to mitigate the concerns of the
oil and gas companies and mineral owners. (Dept. of Planning Services)
C. The applicant shall submit a copy of an agreement with the Highland Ditch
Company, whose irrigation ditch runs through the eastern half of the proposed
development (between Block 2 and Block 3), stipulating that all concerns of the
ditch company have been adequately addressed, or submit evidence that
reasonable accommodations have been made. (Dept. of Planning Services)
D. The Change of Zone plat shall meet all requirements of Section 9.2 of the PUD
Ordinance #197 and the plat shall be amended to include the following:
1) "Weld County's Right to Farm"from the Weld County Comprehensive Plan.
It reads as follows:
WELD COUNTY'S RIGHT TO FARM Weld County is one of the most
productive agricultural counties in the United States, ranking fifth in total
market value of agricultural products sold. The rural areas of Weld County
may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with longstanding agricultural practices and
a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone
forever.
Agricultural users of the land should not be expected to change their
long-established agricultural practices to accommodate the intrusions of
urban users into a rural area. Well run agricultural activities will generate
off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens,field work, harvest,and
gravel roads; odor from animal confinement, silage, and manure; smoke
from ditch burning; flies and mosquitoes; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development
without threatening the efficient delivery of irrigation to fields which is
essential to farm production.
Section 35-3.5-102, C. R. S.,provides that an agricultural operation shall not
r
Z-548 - Del Camino/Northridge PUD 3
r
rte. be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly
or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice
the State of Delaware)with more than 3,700 miles of state and county roads
outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the county and the distances which must
be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed,will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean
that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Snow removal for roads within subdivisions are
of the lowest priority for public works or may be the private responsibility of
the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
Children are exposed to different hazards in the county than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and
irrigation ditches, electrical power for pumps and center pivot operations,
high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is
important, not only for their safety, but also for the protection of the farmer's
livelihood. Parents are responsible for their children.
(Dept. of Planning Services, Dept. of Public Health & Environment)
2) A typical road cross section for Benjamin Avenue, Palace Court and Garden
Way shall be delineated on the plat. (Dept. of Public Works)
3) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
4) The applicant shall place on the plat the location of the detention pond. The
configuration of the detention pond and outlet structure and any additional
cross drainage culverts across the internal roadway (including any in the
State Highway right-of-way at the entrance) shall be placed on the plat.
(Dept. of Public Works)
5) No direct accesses to Benjamin Avenue shall be indicated on the plat.
(Dept. of Public Works)
6) A 120' right-of way dedication for Benjamin Avenue shall be indicated on
the plat. (Dept. of Public Works)
r
Z-548 - Del Camino/Northridge PUD 4
B.
1) A Landscape Plan and maintenance schedule shall be submitted to the
Department of Planning Services for review and approval. The Landscape
Plan shall adhere to the requirements of 6.3.3 of the Weld County PUD
Ordinance. The Landscape Plan shall address adequate buffering and
screening from surrounding Agricultural uses. (Dept. of Planning Services)
C. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of eighteen (18) PUD zoned lots together with
common open space areas. The Change of Zone allows for Commercial
and I-1 Industrial uses which shall comply with the PUD Zone District
requirements as set forth in Section 35 of the Weld County Zoning
Ordinance. The common open space shall be owned and maintained in
accordance with Section 6.3.5 of the Planned Unit Development Ordinance
(Ordinance 197). (Dept. of Planning Services)
2) Water service shall be provided by the Little Thompson Water District.
(Dept. of Public Health & Environment)
3) Sewer service shall be provided by the St. Vrain Sanitation District. (Dept.
of Planning Services)
4) The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department,Weld County Department of Public
Health & Environment, and the Weld County Department of Planning
Services. (Dept. of Public Health & Environment)
5) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
6) Weld County's Right to Farm, as stated on this plat, shall be recognized at
all times. (Dept. of Planning Services)
7) The applicant shall obtain a storm water drainage 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. (Dept. of Public Health and Environment)
8) During development of the site, all land disturbance shall be conducted so
that nuisance conditions are not created. If dust conditions create nuisance
conditions, at the request of the Weld County Health Department, a fugitive
dust control plan must be submitted.
9) In accordance with the regulations of the Colorado Air Quality Control
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Z-548 - Del Camino/Northridge PUD 5
Commission, any development which disturbs more than five (5) acres of
land must incorporate all available and practical methods which are
technologically and economically feasible in order to minimize dust
emission. (Dept. of Public Health and Environment)
10) If land development creates more than a twenty-five (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. (Dept. of Public Health and Environment)
11) Electrical permits shall be obtained for any irrigation systems for the
development. (Dept. of Building Inspection)
12) Proper building permits shall be obtained prior to any construction or
excavation. Building permits shall be obtained prior to any buildings or
structures being remodeled or demolished. (Dept. of Building Inspection)
13) Building permits are required for dwellings and any accessory buildings
being constructed or moved onto the property. (Dept.of Building Inspection)
14) All buildings shall be engineered and will require an engineered
foundation. Such foundation design shall be based on a site-specific
geotechnical report or an "open hole" inspection made by a Colorado
licensed engineer. (Dept. of Building Inspection)
15) All buildings or structures shall maintain distances from property lines and
adjacent buildings as outlined in Section 503 and Table 5-A of the 1997
Uniform Building Code. (Dept. of Building Inspection)
16) Fire-protection systems shall be installed as required in Chapter 9 of the
1997 Uniform Building Code. (Dept. of Building Inspection)
17) Handicapped accessibility shall be provided to all buildings. All buildings
shall be accessible as required in Chapter 11 and Appendix Chapter 11 of
the 1997 Uniform Building Code. (Dept. of Building Inspection)
18) The appropriate fire district shall receive a complete set of construction
documents prior to the development of any specific site. (Dept. of Building
Inspection)
19) Additional requirements or changes may be required when building
applications or plans are reviewed by the Weld County Building Inspection
Department or the Mountain View Fire Protection District. (Dept. of Building
Inspection)
20) Any signage located on the property shall require building permits and
Z-548 - Del Camino/Northridge PUD 6
adhere to Section 42.4 of the Weld County Zoning Ordinance and Section
6.3.6.3 of the Weld County PUD Ordinance. (Dept. of Planning Services)
21) The applicant shall comply with Section 8.7 of the Weld County Planned
Unit Development Ordinance(Ordinance 197)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 submittal of the PUD Final Plan.
The Board may extend the date for the submittal 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)
3. Prior to submitting Final Plan application:
A. Construction plans for the utilities,showing the configuration of streets,the location
of fire hydrants, the size of water mains and available fire flows will need to be
submitted to the Mountain View Fire Protection District for review and approval.
Evidence of Fire District approval shall be submitted to the Department of Planning
Services. (Mountain View Fire Protection District)
B. The applicant shall investigate the feasibility of placing a trail easement east of the
existing irrigation canal. The trail easement shall be connected with future
development on the north and south of this property for a regional trail spur off the
St. Vrain Valley Trails and Open Lands Master Plan. The applicant shall meet with
ditch owners to investigate the feasibility of this placement.
4. The Final Plan application shall adhere to Section 7.3 of the Weld County PUD Ordinance
#197, and shall specifically address the following as well:
A. The Final Plan application shall include Improvements Agreements in accordance
with Sections 12 and 13 of the Weld County Subdivision Ordinance. The
agreements shall include the internal roads, trail, landscaping of the common open
space and any other appropriate construction elements. The applicant shall
indicate if the road maintenance of Garden Way and Palace Court will be the
responsibility of the Business Owner's Association or if the applicant will request
that the road be placed on the County road system. (Dept. of Public Works).
B. The Final Plan application shall specify the Business Owners Association's method
of trail and landscape maintenance. (Dept. of Planning Services)
Z-548 - Del Camino/Northridge PUD 7
C. The draft covenants and Business Owner's Association shall address open space
maintenance and landscaping in accordance with Section 6.3.3.2. (Dept. of
Planning Services)
D. The Final Plan application shall demonstrate compliance with the recommendations
of the Colorado Geological Survey as stated in their referral dated August 13, 1999.
(Dept. of Planning Services)
E. The applicant shall submit a copy of the final plat with addresses to be reviewed by
the Weld County Sheriff's Office, Mountain View Fire Protection District and the
Post Office which will serve the development for review. Comments from these
agencies shall be submitted to Department of Planning Services with the Final Plan
application. (Dept. of Planning Services)
5. Prior to recording final plat:
A. The Board of County Commissioners shall review and approve the signed and
dated Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) including the form of collateral. The
security for the Agreement shall be tendered and accepted by the Board of County
Commissioners.
6. Prior to the release of any building permits:
A. Street intersections shall be marked with signs showing street names and address
ranges prior to construction.
Z-548 - Del Camino/Northridge PUD 8
rste:4 :3
DEPARTMENT OF PLANNING SERVICES
IPHONE (970) 353-6100, EXT.3540
W�`DCi FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631 COLORADO
July 7, 2000
Design Development Consultants
c/o Don Leffler
2627 Redwing Rd., Ste 350
Ft. Collins, CO 80525
Subject: Z-548- Request for a Change of Zone from Agricultural to PUD for a proposed 18-lot business park PUD
on a parcel of land described as Part of the NW4 of Section 35, Township 3 North, Range 68 West of the
6th P.M., Weld County, Colorado.
Dear Mr. Leffler:
Your application and related materials for the request described above are being processed. I have scheduled a
meeting with the Weld County Planning Commission for August 15, 2000, at 1:30 p.m. This meeting will take place in
Room 210,Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you
and/or a representative be in attendance to answer any questions the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Dacono, Firestone, Frederick, and Mead Planning Commission for
their review and comments. Please call the city of Dacono at 303-833-2317, the town of Firestone at 303-833-3291,
the town of Frederick at 303-833-2388, and the town of Mead at 970-535-4477 for further details regarding the date,
time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Dacono,
Firestone, Frederick, and Mead Planning Commission meetings to answer any questions the Commission members
may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to
the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing.
It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning
Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
7,11 EXHIBIT
Chris Gathman I 5
Planner ��—
.f
CASE NO. . 5- ` : - 30 ACRES
• NAME
REQUEST ♦47:::• 3 -Ka
A PUBLIC HEARING CONCERNING THIS
PROPERTY WILL BE HELD AT 1555 NORTH
17th AVE..GREELEY, COLORADO 80631,
{ Fl ONi`ik _:n?J201 AT
t
FOR MORE INFORMATION CALL THE
ttO COUNTY DEPT.OF PLANNING
A`+CES AT (970)353.6100 EXT.3540.
I' 7
FIELD CHECK
CASE NUMBER: Z-548 DATE OF INSPECTION: r�S/o C�
APPLICANT'S NAME: California Home, Inc.
PLANNER: Chris Gathman
REQUEST: Change of Zone from Agricultural to PUD for a proposed 18-lot business park PUD.
LEGAL DESCRIPTION: Part of the NW4 of Section 35,Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to WCR 28, East of and adjacent to 1-25 frontage road.
LAND USE:
N iier
g " ydi9.a120,i,,,e C'O/✓G�Erf/"L/9�r
W r. s
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
SLoiaE-I' ro
- L5'41 ro ,t/r
v"-02.5' /S S'�.t�FadG e a Tv , a
.0C_ r--o,v ./V:Preo C. 9Tio,1, OF ��o/✓TB7,E
Sc' CU< t-' ,€ C,f' e •t/.?r7,1Po9.rn
P.C. Member
s&e'L -nen ee-- �:;:ze
n
/"'1 FIELD CHECK inspection date: 9/8/00
CASE NUMBER: Z-548
APPLICANT: California Homes, Inc.
LEGAL DESCRIPTION: Part of NW4 of NW4 Section 35, Township 3
North, Range 68 West
LOCATION: South of and adjacent to WCR 28, East of and adjacent to I-25
Frontage Road
Zoning Land Use
N A(Agricultural) N Cropland
E A(Agricultural) E Cropland
S A(Agricultural) S Agriculture &Ademar Concrete Plant
W A (Agricultural) W Interstate 25
COMMENTS:
• Fairly flat & gently sloping to irrigation ditch.
• Oil & gas facilities adjacent to irrigation ditch.
• Remainder of property planted in crop.
01.CA/Jt�.
Chris Gathman, Current Planner
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