HomeMy WebLinkAbout20021552.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin 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-569
PLANNER: Chris Gathman and Carla Angeli
APPLICANT: JER c/o Lifestyle Homes
ADDRESS: 920 54th Avenue, Suite 200; Greeley, Colorado, 80634
REQUEST: Change of Zone from R-5 (Mobile Home Residential)to R-2 (Duplex
Residential)
LEGAL DESCRIPTION: Lot B in the Hill N Park Subdivision located in the S2 of Section 26,
Township 5 North, Range 66 West of the 6th P.M., Weld County
Colorado
LOCATION: North of and adjacent to Weld County Road 52 (49`h Street), 1/2 mile
West of Weld County Road 35 (35th Avenue)
be recommended for denial to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50
of the Weld County Code.
2. The submitted materials are not in compliance with Section 23-2-30 of the Weld County Code as
follows:
a. Section 23-2-30.A.4.- Street or highway facilities providing access to the property are not
adequate in size to meet the requirements of the proposed zone districts. The
application indicates access on to Yellowstone Drive, Hill-N-Park Drive, and Yosemite
Drive. Yellowstone Drive is a heavily used main access to the Hill-N-Park Development.
Hill-N-Park Drive is also a major access, which has a median down the middle from CR
52 to Yosemite Drive. The Department of Public Works in their referral dated January
22, 2002, indicated direct access on both Yellowstone Drive and Hill-N-Park Drive will
not be allowed and all accesses shall be from an internal road system with outlet(s)to
Yosemite Drive. The applicants are proposing eight (8) lots that will have direct access
onto Yellowstone Drive, Yosemite Drive, and Hill-N-Park Drive in addition to the
proposed cul-de-sac. The proposed design of the site will not allow for direct access to
the proposed cul-de-sac. This is not in compliance with the requirements of the Weld
County Public Works Department and the Department of Planning Services. The Weld
County Sheriff's Office has similar concerns regarding the numerous accesses proposed
as stated in their referral received February 26, 2002. Other comments from the
Sheriff's Office are regarding the importance of Homeowner's Associations which the
applicant did not address in the application, road names and maintenance of the internal
road, and displaying addresses clearly on the residences
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.
If the Board of County Commissioners recommends approval of the Change of Zone from R-5
(Mobile Home Residential) to R-2 (Duplex Residential), the Department of Planning Services
recommends the following conditions:
3. 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.
4. EXHIBIT
Cot 4509 2002-1552
Resolution Z-569
Lifestyle Homes
Page 2
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4. Prior to Recording the Change of Zone plat:
1. Application materials indicate water service is to be provided by the City
of Evans. 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 provided by the Weld County
Attorney's Office.
2. Application materials indicate sewer service is to be provided by the City
of Evans. Appropriate documentation shall be provided which indicates
not only that taps are available, but provide assurances that these
connections are made. The style of assurance agreements, or another
form of"participation agreement"will be acceptable. The agreements
shall be approved by the Weld County Attorney's Office.
3. The plat shall meet all requirements of Section 23-2-50.D. of the Weld
County Code.
4. The applicant shall attempt to address the requirements (concerns) of
the City of Evans. Written evidence shall be submitted to the
Department of Planning Services' prior to recording the plat.
(Department of Planning Services)
5. The applicant shall submit a proposed estimate of time for construction
of the duplexes. (Department of Planning Services)
6. The applicant shall attempt to address the requirements (concerns) of
the Milliken Fire Protection District. Written evidence shall be submitted
to the Department of Planning Services. (Department of Planning
Services)
7. The applicants shall address the requirements (concerns) of the Weld
County Sheriff's Office. Written evidence shall be submitted to the
Department of Planning Services. (Department of Planning Services)
8. The applicant shall submit a digital file of all drawings associated with
the Change of Zone application. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape
Files), Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4) ... (Group 6 is not
acceptable). (Department of Planning Services)
5. The Change of Zone is conditional upon the following and that each shall be placed on the Change
of Zone plat as notes prior to recording:
A. The Change of Zone from R-5 (Mobile Home Residential)to R-2 (Duplex Residential) is
indicated in the application materials and is subject to and governed by the Conditions of
Approval stated hereon and all applicable Weld County Regulations.
B. The applicant shall utilize water and sanitary sewer from the City of Evans. (Department
of Public Health and Environment)
Resolution Z-569
Lifestyle Homes
Page 3
C. Weld County's Right to Farm as provided in the Weld County Code shall be placed on
any recorded plat. (Department of Planning Services)
D. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
E. All signs including entrance signs shall require building permits. Signs shall adhere to
Section 23-4-80 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services and Building
Inspection)
F. No development activity shall commence on the property, nor shall any building permits
be issued on the property until the Final Plan has been approved and recorded.
(Department of Planning Services)
G. Proper building permits shall be obtained prior to any construction, remodeling,
demolition or excavation. (Department of Building Inspection)
H. All structures shall conform to the Section 29-2-20 of the Weld County Code, Article II
(1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article II
(1998 International Mechanical Code), Section 29-2-40 of the Weld County Code, Article
II (1999 Electrical Code), 29-2-50 of the Weld County Code, Article II (1997 International
Plumbing Code) and Section 29-2-10 of the Weld County Code, Article II, Chapter 29
(current Weld County Building Ordinance). (Department of Building Inspection)
I. All buildings or structures shall maintain distances from the property lines and adjacent
structures as outlined in Section 29-3-160 of the Weld County Code. (Department of
Building Inspection)
J. Personnel from the Weld County Departments of Public Health and Environment, Public
Works, and Planning Services' shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County Regulations.
6. The Final Plat application shall adhere to Section 24-4-40 of the Weld County Code, and shall
specifically address the following as well:
1. The Final Plat application shall include an Improvements Agreements in accordance with
Section 24-9-10 and 24-9-20 of the Weld County Code. The agreements shall include the
internal roads, landscaping, and any other appropriate construction elements. The
applicant shall indicate if the road maintenance for the internal road will be the
responsibility of the Homeowner's Association (JER Partnership)or if the applicant will
request that the road be placed on the County road system. (Department of Planning
Services)
2. If applicable, the draft covenants and Home Owner's Association bylaws shall be
submitted or an indication given that the Final Plat will be covered under existing West
Hill-N-Park covenants and bylaws. (Department of Planning Services)
3. The applicant shall submit a copy of the Final Plat with street names to be reviewed by the
Department of Building Inspection, Weld County Sheriff's Office, Mountain View Fire
Protection District and the Post Office which will serve the development. Comments from
these agencies shall be submitted to the Department of Planning Services with the Final
Plat application. (Department of Planning Services)
Resolution Z-569
Lifestyle Homes
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4. The applicant shall submit a detailed drainage report, performed by a registered
professional engineer. The study shall include a proposal and plans to ensure storm
water run-off is appropriately managed for the site. Storm water off Lot B will not be
allowed to exceed the existing conditions. (Department of Public Works)
5. The applicant shall submit a digital file of all drawings associated with the Final Plat
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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
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 May 7, 2002.
Dated the 7th of May, 2002.
Voneen Macklin
Secretary
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