HomeMy WebLinkAbout20020509.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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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-564
APPLICANT: Fran Garcia
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Lot A of RE-2509, being a part of the NE4 of Section 6, T4N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to E (Estate) for a Five (5) Lot
PUD.
LOCATION: West of and adjacent to WCR 3 and south of and adjacent to State Hwy
60.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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(IGA) in effect influencing the PUD and Chapters 19, 22, 23, 24, and 26 of
the Weld County Code.
Section 22-2-60. A. Goal 1 states "Preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture." The subject property
is categorized as"Prime" by the USDA"Farmlands of National Importance Map" dated
1979 and lies within the A(Agricultural)Zone District. Although this parcel is classified
as "Prime", 29.2 acres is not considered of sufficient size to farm economically.
Section 22-2-60. A. Policy 7 states"Weld County recognizes the Right to Farm". In order
to validate this recognition Weld County's Right to Farm statement has been
established which shall be incorporated on all pertinent land use plats." The Department
of Planning Services shall require Weld County's Right to Farm statement to appear on
the recorded plat.
Section 22-2-160. A. Policy 5 states, "New Residential development should
demonstrate compatibility with existing surrounding land-use...". The existing
surrounding land uses include predominantly agricultural uses and associated rural
residential uses.
Section 22-2-180. P. Goal 2 requires adequate facilities and services to assure the
health, safety, and general welfare of the present and future residents of Weld County.
The requirements of the Weld County Department of Public Works as stated in the
referral response dated September 18, 2001, shall assure compliance with this section.
B. Section 27-6-120.B.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 Section
2 of the Weld County Code. Department of Planning Services' staff has determined that
the submitted application complies with the 20 standards described in Article II, Chapter
27. Aisimimmm1
C. Section 27-6-120.B.6.c. The uses which would be permitted will be compatible with the t
existing or future development of the surrounding area as permitted by the existing O
Zoning and with the future development as projected by the Comprehensive Plan or =
Master Plan of affected municipalities. The proposed site does not lie within any Urban K
Growth Boundary (UGB)or Intergovernmental Agreement(IGA) areas, nor is the ma
applicant proposing urban scale development. The proposed PUD lies within the three
mile referral areas of the Municipalities of Berthoud and Johnstown as well as Larimer rousiterea
County. The Town of Berthoud, in the referral response received September 15, 2001 %mat
2002-0509
Resolution Z-564
Fran Garcia
Page 2
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does not support the proposed Change of Zone based on 1)designation of the area, by
the Town, as "Cropland Support Area/Separator Area", 2)the lack of"clustering"and 3)
"effective conservation measures". The Town of Johnstown and Larimer County did not
return a referral response.
D. Section 27-6-120.B.6.d. The PUD shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards outlined in
Article II of the Weld County Code. Domestic water and water for fire protection shall be
provided by the Little Thompson Water District. The State of Colorado, Division of Water
Resources in the referral dated September 14, 2001, affirmed that"pending receipt of
the letter of obligation from the Little Thompson Water District, the water supply is
expected to be adequate". Each lot for the proposed PUD shall have an Individual
Sewage Disposal System (ISDS) installed per the Weld County Department of Public
Health and Environment requirements and specifications. The Department of Public
Health and Environment referral dated September 26, 2001 states "the application has
satisfied Chapter 27 of the Weld County Code in regard to water service. Water is
proposed to be provided by the Little Thompson Water District. A water service
agreement from Little Thompson Water District has been provided in the application
materials. Further, 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.
The minimum proposed lot size of 2.6 acres coupled with the overall density of one
system per 5.8 acres meets the Department of Public Health and Environmental policy.
The initial impact plan submitted in the application materials appears to address all
impacts as required by Section 27-6-40 of the Weld County Code." Conditions of
Approval, Development Standards and Notes on the Plat ensure that water and sewer
issues shall be adequately addressed.
E. Section 27-6-120.B.6.e. The 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. The Weld County Department of
Public Works has submitted Conditions of Approval in their referral response dated
September 18, 2001 that will ensure that the street facilities providing access to this
proposal are adequate.
F. Section 27-6-120.B.6.f. An off-site road improvements agreement and an on-site
improvements agreement proposal are in compliance with Chapter 24 of the Weld
County Code. 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 Weld
County Code. 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 improvements in compliance with Chapter 24,
Article IX, to determine if the requirements for street or highway facilities providing
access to the property have been satisfied. The method of guarantee shall conform
with Weld County's policy regarding Collateral for Improvements. Improvements to
the internal road will be required, and shall be ensured through the Improvements
Agreement at the Final Plan stage of the Planned Unit Development process.
G. Section 27-6-120.B.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 site
does not lie within any overlay districts. The proposed rezoning does not appear to
contain the use of any area known to contain a commercial mineral deposit in a manner
which would interfere with the present or future extraction of such deposit by an
extraction to any greater extent than under the present zoning of the property.
Resolution Z-564
Fran Garcia
Page 3
H. Section 27-6-120.B.6.h. Consistency has been demonstrated between the proposed
Zone District, uses and the Specific or Conceptual Development Guide. The submitted
Specific Development Guide appears to accurately reflect the performance standards
and allowed uses described in the proposed Zone District. The applicant is requesting
that the Final Plan be administratively reviewed. The Department of Planning Services'
staff concurs with this request.
This recommendation is based upon compliance with the requirements of Chapter 27 of the Weld
County Code.
The Change of Zone from A(Agricultural)to PUD with Estate Zone uses for Five Residential Lots, 5.65
acres of open space, is conditional upon the following:
1. Prior to scheduling the Board of County Commissioner's Hearing:
A. Appropriate documentation shall be provided which indicates not only that taps are
available, but provide assurances that these connections will be made. The style of
assurance may take several forms, however pre-purchase of taps, line extension
agreements, tap service agreements, or another form of"participation agreement"will
be acceptable. The agreements shall be approved by the Weld County Attorney's Office
prior to scheduling the Board of County Commissioner's Hearing.
5. The Change of Zone plat shall meet all requirements of Section 27-9-20 and shall be amended
to delineate the following:
A. Primary and secondary septic system envelopes shall be designated on the plat. Each
envelope must meet minimum current setbacks as specified in the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and
Environment)
B. The Landscape Plan and Maintenance Schedule as approved by the Department of
Planning Services. The Landscape Plan shall adhere to the requirements of
Section 27-6-60 of the Weld County Code. (Department of Planning Services)
C. The Department of Public Works Comprehensive Transportation Plan has designated
WCR 3 as local gravel road requiring sixty (60)feet of right-of-way. A total of thirty (30)
feet from the centerline of Weld County Road 3 shall be delineated on the plat.
(Department of Public Works)
D. The typical cross-section of the internal road system that identifies the width and
depth of gravel, pavement, shoulders, drainage ditches and rights-of-way shall be
shown on the plat. (Department of Public Works)
E. All future signs including entrance signs, street signs and stop signs, as well as
intersection sight distance triangles and street names shall be delineated on the plat.
The name of the street shall not conflict with any other street within the servicing
United States Postal area. (Departments of Planning Services and Public Works)
F. All internal roadways shall have sixty(60)feet of right-of-way. Cul-de-sacs shall
have a sixty-five (65)foot right-of-way radius. If Weld County is to assume
maintenance of these roads, the roadway itself shall have twelve (12)foot paved
lanes and four(4)foot gravel shoulders. The cul-de-sac shall have a fifty (50)foot
edge of driving lane radius. (Department of Public Works)
3. Prior to recording the Change of Zone Plat:
Resolution Z-564
Fran Garcia
Page 4
A. The applicant shall submit a digital file of all drawings associated with the Change of
Zone application. Acceptable CAD formats are .dwg, .dxf, .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)
B. The applicant shall provide written evidence to the Department of Planning Services
of the Berthoud Fire Protection Districts approval of the Fire Protection Plan (Fire
hydrant location, required building envelopes, minimum fire flows, turning radius).
(Department of Planning Services)
4. 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:
1) The PUD shall consist of five (5) residential lots, with 5.65 acres of open space.
The Change of Zone allows for Estate Zone District bulk requirements and uses
on the residential lots and Agricultural Zone District bulk requirements, 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. (Department of Planning Services)
2) Water service shall be provided by the Little Thompson Water District.
(Department of Public Health and Environment)
3) A Weld County Septic Permit is required for each proposed home septic system
and shall be installed according to the Weld County Individual Sewage Disposal
System Regulations. 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)
4) Language for the preservation and/or protection of the second absorption field
envelope shall be placed in the development covenants. The covenantsshall
state that activities such as landscaping (i.e. planting of trees and shrubs)and
construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly prohibited
in the designated absorption field site. (Department of Public Health and
Environment)
5) 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)
6) During 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)
7) 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)
Resolution Z-564
Fran Garcia
Page 5
8) 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)
9) The internal roadway shall be paved. The cul-de-sac edge of pavement radius
shall be fifty (50)feet. The minimum paved roadway section is two 12-foot lanes
with two four-foot shoulders. The shoulders shall maintain the 2% cross slope.
(Department of Public Works)
10) A Home Owner's Association (HOA) shall be established prior to the sale of
any lot. Membership in the HOA is mandatory for each parcel owner. The
HOA 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)
11) The site shall maintain compliance at all times with the requirements of the Weld
County Department of Public Works, Weld County Department of Public Health
and Environment, and the Weld County Department of Planning Services.
(Department of Planning Services)
12) Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Department of Planning Services)
13) Weld County's Right to Farm, as stated in Chapter 22 of the Weld County Code
shall be recognized at all times. (Department of Planning Services)
14) Appropriate Building Permits shall be obtained prior to any construction or
excavation. (Department of Building Inspection)
15) Building permits are required for dwellings and any accessory buildings being
constructed or moved onto the property. Buildings shall conform to the
requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29
of the Weld County Code. (Department of Building Inspection)
16) Each building will require an engineered foundation based on a site-specific geo
technical report or an "open hole" inspection conducted by a Colorado
Registered Professional Engineer. Engineered foundations shall be designed
by a Professional Engineer registered in the State of Colorado. (Department of
Building Inspection)
17) At the time an application is accepted for a building permit a plan review will be
required for each building. Two complete sets of plans are required when
applying for the permit. A complete review of the building or structure may
reveal other building issues or areas requiring attention. (Department of
Building Inspection)
18) All construction or improvements occurring in the flood plain as delineated on
Federal Emergency Management Agency FIRM Community Panel Map 080266
0725C dated September 28, 1982, shall comply with the Flood Hazard Overlay
District requirements of Section 23-5, Division 3 of the Weld County Code.
(Department of Planning Services)
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19) Any signs located on the property shall require building permits and adhere to
Section 27-6-90 of the Weld County Code. (Department of Planning Services)
Resolution Z-564
Fran Garcia
Page 6
.-. 20) No development activity shall commence on the property, nor shall any building
permits be issued on the property until the final plan as been approved and
recorded. (Department of Planning Services)
21) The property owner shall be responsible for complying with all regulations and
requirements of Section 27 of the Weld County Code including the Performance
Standards listed in Article II and Article VIII. (Department of Planning Services)
22) 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 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. (Department 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:
A. The Final Plan application shall include a complete Improvements Agreement in
accordance with Section 24-9-10 of the Weld County Code. The agreement shall
include the internal road, any trails, landscaping and any other appropriate construction
elements. The applicant shall indicate if the road maintenance will be the responsibility
of the Home Owner's Association or if the applicant will request that the road be placed
on the County Road System. (Department of Planning Services)
B. The Final Plan application shall specify the Home Owner's Association's method of
trail, open space and/or landscape maintenance. (Department of Planning Services)
C. The draft covenants and Home Owner's Association shall address open space
maintenance and landscaping in accordance with the approved Landscape Plan.
(Department of Planning Services)
D. Language for the preservation and/or protection of the second absorption field envelope
shall be placed in the development covenants. The covenants shall state that activities
such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary
structures, dirt mounds, etc.) are expressly prohibited in the designated absorption field
site. (Department of Public Health and Environment)
E. The sixty(60)foot right-of-way for Weld County Road 3 as well as the right-of-way for
the internal roadway shall be dedicated to the County. (Department of Public Works)
F. A fifteen (15)foot perimeter and ten (10)foot lot line easement is required for utilities on
each lot. This shall be delineated on the final plat map. (Department of Planning
Services)
G. Prior to submittal of the Final Plan plat:
1) The applicant shall attempt to address the requirements (concerns) of Berthoud
Fire Protection District, as stated in the referral response received 9/25/01.
Resolution Z-564
Fran Garcia
Page 7
e•—• Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services. (Department of Planning Services)
2) Evidence shall be submitted to the Department of Planning Services that the
requirements of the Thompson School District R-2J have been met.
(Department of Planning Services)
3) 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). (Department of Planning
Services)
6. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the appropriate
location adjacent to the entrance of the subdivision.
B. A geologic study, drainage study and soils report shall be supplied to Weld County
Building Inspections with blueprints when applying for building permits.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Bryant Gimlin
Cristie Nicklas
Fred Walker
Stephan Mokray
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 February 19, 2002.
Dated the 191h of February, 2002.
\jerki&An )601-11±
Voneen Macklin
Secretary
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