HomeMy WebLinkAbout20021176.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by BryantGimlin 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-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
be recommended favorably to the Board of County Commissioners 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 B.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 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 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.
C. Section 27-6-120 B.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 B.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.
g EXHIBIT
2002-1176
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RESOLUTION, Z-548
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E. Section 27-6-120 B.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 B.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.
G. Section 27-6-120 B.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 B.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:
RESOLUTION, Z-548
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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)
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)
2. 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:
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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.
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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)
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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) 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)
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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)
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)
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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,ata 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)
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)
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)
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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 '/2 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.
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.
Motion seconded by Stephen Mokray.
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VOTE:
For Passage Against Passage Absent
Cristie Nicklas Jack Epple
Michael Miller Fred Walker
Arlan Marrs
Bryant Gimlin
John Folsom
Stephen Mokray
Cathy Clamp
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, Trisha Swanson, 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 20, 2001.
Dated the 20th of March, 2001.
c9ficretiAsc
Trisha Swanson
Secretary
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