HomeMy WebLinkAbout20021537.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas, along with deletion of 2D, change language in 5F, 1A in Prior to Recording
Plat, 1B in Prior to Scheduling Board Hearing, 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: CZ-553
PLANNER: S Lockman
APPLICANT: Dennis Neal
ADDRESS: 4770 Baseline Road, Suite 200
Boulder, CO 80303
REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses
for nine (9) residential lots and one agricultural lot with a
conservation easement (Mill Creek PUD)
LEGAL DESCRIPTION: Lot B RE-2835 being part of the SW4 Section 29, T4N, R 68W
of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 40.5 and east of
and adjacent to Weld County Road 3
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30
of the Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24
(Subdivision)and Chapter 26 (Mixed Use Development) of the Weld County Code. The
proposed site is not influenced by an Inter-Governmental Agreement. The proposal is
consistent with the aforementioned documents as follows:
1) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which
includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be
designed and located to be easily accessible to all the residents of the project
and usable for open space and recreation...."
A conservation easement has been placed upon the ninety-nine (99)acre
agricultural lot. The conservation easement limits use of the property to those
which are consistent with conservation values. Only limited agricultural
improvements are allowed such as unenclosed loafing sheds, corrals, hay racks
or stock tanks. The lot may be accessible, at owners discretion, to lots one thru
nine for uses consistent with conservation values such as bird watching, hiking,
horseback riding, mountain biking, cross country skiing, hunting and fishing.
A Condition of Approval has been added to ensure that Lot 2 and Lot 3 have an
adequate, safe access to the agricultural lot. As proposed the property owners
would be required to access the lot from the interior road. Public roads are not
MOSES
2002-1537 ,� �
/-� considered legal or safe for a pedestrian on foot or on horseback to travel within
a PUD.
2) Section 22-3-50.6.1, P.Goal 2 "Require adequate facilities and services to
assure the health, safety and general welfare of the present and future residents
of the County." The proposed PUD will be serviced by Little Thompson Water
District for potable water and fire protection requirements. I.S.D.S., septic
systems will handle the effluent flow.
B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code.
Section 27-2-20, Access standards—The applicant has requested to replace the
required pavement on the interior road with gravel. However, an exception to paving
may only be granted when the PUD is not located within close proximity to other PUDs,
subdivisions and municipal boundaries. Dove Haven PUD is located northeast of and
adjacent to the proposed subdivision. Planning Services and Public Works have
determined that pavement is appropriate for the proposed PUD.
Section 27-2-30, Buffering and screening— In a referral response dated March 22, 2002
the Town of Berthoud requested that a consistent perimeter treatment be provided for
Lots 1-3 and Lot 9 that border Weld County Road 40 '/z. A Condition of Approval has
been included to ensure that the applicant shall attempt to meet the towns concerns.
The applicant has met the remaining eighteen performance standards as delineated in
Section 27-2-10. The Conditions of Approval and Development Standards ensure
compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code.
C. Section 27-6-120.6.c-That the uses which would be permitted shall be compatible with
the existing or future development of the surrounding area as permitted by the existing
Zoning, and with the future development as projected by Chapter 22 of the Weld County
Code or master plans of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The Town of
Berthoud stated that the proposal is consistent with the towns Land Use Plan for the
Cooperative Planning Area due to the proposed clustering of lots and retention of the
largest portion of the site in a conservation easement. The town did list concerns
regarding building envelopes and a consistent perimeter treatment which have been
addressed through Development Standards and Conditions of Approval. The Town of
Mead indicated no conflicts with their interests.
D. Section 27-6-120.6.d -That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Article II the Weld County Code. The proposed PUD will be serviced by
Little Thompson Water District for potable water and fire protection requirements. The
Weld County Attorney's Office has approved the line extension agreement between
Little Thompson and the applicant. I.S.D.S., septic systems will handle the effluent flow.
The Weld County Department of Public Health and Environment has indicated in a
referral response dated April 12, 2002 that the application has satisfied Chapter 27 of
the Weld County Code in regard to sewer service.
E. Section 27-6-120.6.e -That street or highway facilities providing access to the property
are adequate in functional classification,width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
.-� The Weld County Public Works Department has reviewed the proposal and has
determined that the internal road right-of-way shall be sixty(60)feet in width including
cul-de-sacs with a sixty-five (65)foot radius, and dedicated to the public. The typical
roadway section of the interior roadway shall be shown as two 12-foot paved lanes with
4-foot gravel shoulders on the final plat. The cul-de-sac edge of pavement radius shall
be fifty(50)feet.
The Weld County Public Works Department is also requiring the applicant pay a
proportional share of the cost to improve Weld County Road 40'14.
F. Section 27-6-120.6.f-An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable.
The Weld County Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Section 27-6-120.6.f of the
Weld County Code for improvements to Mill Creek PUD and all on-site improvements
along with a proportional share of the cost to improve Weld County Road 40%.
G. Section 27-6-120.6.g -That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site.
The Weld County Department of Public Works stated that a final drainage report and
construction plans, conforming to the drainage report, shall be approved prior to
recording final plat.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses,
the specific or conceptual development guide.
The submitted Specific Development Guide does accurately reflect the performance
standards and allowed uses described in the proposed zone district, as described
previously. The applicant is requesting that the Final Plan be administratively reviewed.
The Department of Planning Services' staff will concur with this request if issues relating
to mineral ownership and access to the open space for Lot 2 and Lot 3 can be resolved
at a public hearing.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A(Agricultural)to PUD with Estate Zone District uses for nine (9) residential
lots and one agricultural lot with a conservation easement is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit proposed locations of future drilling sites for approval by the
Board of County Commissioners. The drilling sites will only be reserved in the event an
agreement can not be reached with the properties mineral owners. (Department of
Planning Services)
2. Prior to recording the Change of Zone plat:
A. The applicant shall either submit a copy of an agreement with the properties mineral
owners stipulating that the oil and gas activities have been adequately incorporated into
the design of the site and reserved on the change of zone plat or reserve on the plat the
possible future drilling sites as approved by the Board of County Commissioners.
(Department of Planning Services)
B. The existing access to Lot 10 shall be moved onto the applicants property or evidence
shall be submitted to the Weld County Department of Planning Services indicating an
access agreement has been reached with the adjoining property owner or a court order
has been obtain which allows the access. (Department of Planning Services)
C. The applicant shall attempt to comply with the Town of Berthouds concerns regarding
building envelopes and a consistent perimeter treatment for Lots 1-3 and Lot 9 that
border Weld County Road 40 %. Proposed mitigation for the concerns shall be
submitted to Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall address the concerns of the Weld County Sheriffs Department as
stated in a memo dated April 10, 2002 and incorporate remedies for these concerns.
Written evidence of a solution shall be provided to the Department of Planning Services.
(Sheriff's Office)
E. The applicant shall submit evidence to the Weld County Department of Planning
Services indicating that all concerns regarding the conservation easement have been
resolved to the satisfaction of the Weld County Attorney's Office. (Department of
Planning Services)
F. The applicant shall verify the abandoned gas well and gas line by providing a
confirmation letter from the gas company. (Department of Public Works)
G. The plat shall be amended to include the following:
1) The location of the three fire hydrants required by Berthoud Fire Protection
District. (Department of Planning Services)
2) The applicant shall show on the change of zone plat a typical roadway section
meeting PUD criteria. Evidence of Weld County Department of Public Works
approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Works)
3) A one-hundred (100)foot perpendicular road segment to Weld County Road
40%, also tangent to the internal road curvature. Evidence of Weld County
Department of Public Works approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Works)
H. The applicant shall provide evidence that the four foot concrete lined ditch is either a
named ditch or a lateral servicing a limited number of lots. Further, the applicant shall
provide evidence of ownership of the ditch. (Department of Planning Services)
The applicant shall submit evidence that any/all concerns of the State of Colorado, Division
of Water Resources have been resolved. (Department of Planning Services)
3. The Change of Zone is conditional upon the following and that each shall be placed on the Change
of Zone plat as notes prior to recording:
A. The site specific development plan is for a PUD Change of Zone from A (Agricultural) to
PUD with Estate Zone District uses for nine(9)residential lots and one agricultural lot with
,-. a conservation easement 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)
B. Residential building permits will not be issued on Lot 10.(Department of Planning Services)
C. Water service shall be obtained from the Little Thompson Water District. (Department of
Public Health and Environment)
D. A Weld County Septic Permit is required for each proposed septic system and shall be
installed according to the Weld County Individual Sewage Disposal System Regulations.
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)
E. The applicant shall obtain a storm water discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and the 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)
F. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions,at the request of
the Weld County Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order
to minimize dust emissions. (Department of Public Health and Environment)
H. A Home Owner's Association shall be established prior to the sale of any lot. Membership
in the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance,taxes and maintenance of open space,streets,private utilities and other
facilities. Open space restrictions are permanent. (Department of Planning Services)
Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County
Code. (Departments of Planning Services and Public Health and Environment)
J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
K. The emergency point of ingress/egress from Weld County Road 3 into the development
shall be gated with a Knox Box locking mechanism or equivalent. (Department of Planning
Services)
L. 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)
M. Proper building permits shall be obtained prior to any construction,remodeling,demolition
or excavation. (Department of Planning Services)
N. The Weld County Sheriff's Office has significant limitations regarding traffic enforcement
on private roads in the event of speeding or other use which may not conform to traffic laws
on public roads. (Sheriffs Office)
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
P. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
Q. Personnel from the Weld County Departments of Public Health and Environment,Planning
Services' and Public Works 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.
(Department of Planning Services)
R. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services,
and adopted Weld County Code and Policies. (Department of Planning Services)
S. 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)
T. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to
submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not
submitted within two (2) years of the date of the approval of the PUD Zone District, the
Board of County Commissioners shall require the landowner to appear before it and
present evidence substantiating that the PUD project has not been abandoned and that the
applicant possesses the willingness and ability to continue with the submission of the PUD
Final Plan. The Board may extend the date for the submission of the PUD Final Plan
application and shall annually require the applicant to demonstrate that the PUD has not
been abandoned. If the Board determines that conditions or statements made supporting
the original approval of the PUD Zone District have changed or that the landowner cannot
implement the PUD Final Plan, the Board of County Commissioners may, at a public
hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted
to the original Zone District. (Department of Planning Services)
U. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within thirty(30)days of approval by the Board of County Commissioners.With the Change
of Zone plat map,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. At the time of Final Plan submission:
A. The rights-of-way shall be verified and shown on the final plat for Weld County Road 3 and
Weld County Road 401/2. If the rights-of-way cannot be documented,they will be dedicated
on the final plat. (Department of Public Works)
B. The applicant shall reserve a future thirty(30)foot right-of-way along the section line on the
final plat. (Department of Public Works)
C. The applicant shall submit Roadway and Grading Plans along with details with the final plat
application to be approved prior to recording the final plat. Final roadway plans shall indicate
stop signs and street names. (Department of Public Works)
D. A one-hundred (100) foot perpendicular road segment to Weld County Road 40%, also
tangent to the internal road curvature, shall be identified on the final plat. (Department of
Public Works)
E. The applicant shall submit an on-site (Private) Improvements Agreement with the final plat
application that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Department of Planning
Services)
F. The applicant shall submit a proposed agreement with Weld County to proportionally share
the cost of improvements to Weld County Road 40%. (Department of Public Works)
G. Afinal drainage report stamped,signed and dated bya professional engineer licensed in the
State of Colorado along with construction plans, conforming to the drainage report shall be
submitted with the final plat application for approval prior to recording the final plat.
(Department of Public Works)
H. The applicant shall submit an amended Landscape Plan that addresses the following:
1) The applicant has submitted a proposed plant material location within the open
space lot. The proposed plant material shall be identified and labeled on the
Landscape drawing. It shall be noted that the Home Owners Association shall be
responsible for replacing all dead or dying plant material.
2) The applicant shall delineate a Landscape legend and provide additional information
regarding the proposed plant material species. At a minimum, the applicant shall
identify existing on-site plant material delineated with a single dot in the center of the
circle and proposed additional plant material with a"+"in the middle of each circle.
Further,for Deciduous Trees: Identify Common,Botanical Name, including cultivar
if any. Call out number, size shall be 1.5"calipher minimum,trees to be balled and
burlapped (B&B), guyed and staked in all locations.
3) Evergreen Trees: Identify Common, Botanical Name, including cultivar if any. Call
out number, size shall be six (6) foot minimum, trees to be balled and burlapped
(B&B), guyed and staked in all locations.
4) The application materials address the issue of wetlands and the conservation
easement for the site. The applicant shall identify significant stands of riparian
vegetation, including sedges for areas in and near the wetland areas. Additionally,
the plant material species for the conservation area shall be identified. Should the
land be planted in agricultural crops, this shall be stated.
5) The Deciduous Tree Planting detail number 1, Coniferous Tree Planting detail
number 2 and the Shrub Planting detail number 3 shall be modified to reflect the
change in positioning of the plant in relation to the existing on-site conditions. All
plant material shall be planted approximately two inches above the existing grade,
in all situations. Further, tree staking shall be in a triangulation form for each tree
as specified in the drawings, no exceptions. (Department of Planning Services)
6) All landscaping within the site distance triangles must be less than 31/2 feet in height
re . at maturity, and noted on the Landscape Plan. (Department of Public Works)
The applicant shall contact the Thompson R-2J School District,to finalize a bus pick-up and
drop-off location. Written evidence of compliance with all School Districts standards and
requirements shall be submitted to the Department of Planning Services. (Department of
Planning Services)
J. The applicant shall submit additional information regarding the quantity of water available
for irrigation and how it will be owned and dispensed. (Department of Planning Services)
K. The applicant shall submit a time frame for construction in accordance to Section 27-2-200
of the Weld County Code. (Department of Planning Services)
L. The applicant has proposed an emergency point of ingress/egress from Weld County Road
3 into the development. This access shall be gated with a Knox Box locking mechanism or
equivalent and shall be approved by the Berthoud Fire Protection District. Further all
requirements of the Fire District shall be addressed, specific to weight loads and surface
requirements. Evidence that all Fire District concerns have been addressed shall be
submitted with the Final Plat application. (Department of Planning Services)
M. The applicant shall submit evidence to the Weld County Department of Planning Services
that all proposed street names and lot addresses have been submitted to the Mountain View
Fire Protection District, the Weld County Sheriffs Office, the Weld County Ambulance
Services Department and the Post Office for review. (Department of Planning Services)
N. The proposed mail box location shall be located on site in an area that has adequate sight
distance from Weld County Road 40.5 and the internal access to the Mill Creek PUD.
Evidence shall be provided to Weld County Department of Planning Services from the
applicable Post Office stating that this location meets their design standards and delivery
requirements. Should a single pedestal mail box not be the preferred standard, written
evidence from the applicable Post Office shall be provided stating the contrary. (Department
of Planning Services)
O. The proposed final location of the ditch to be used for irrigation for Lot 1 through 9 shall be
indicated on the final plat. (Department of Planning Services)
P. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Dept. of Planning Services)
6. Prior to the release of any building permits:
A. Complete plans for the site shall be submitted for review by the Berthoud Fire Protection
District. (Department of Planning Services)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
r^
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Fred Walker
Stephan Mokray
John Folsom
Bruce Fitzgerald
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 June 4, 2002.
Dated the
4`h of June, 2002.
Voneen Macklin
Secretary
Hello