HomeMy WebLinkAbout20020953.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
r^ Moved by Cristie Nicklas along with the deletion of#2E-last three sentences, #2A1-change in language,
delete #2A (3) (4) and #4J, changes to language in#4D, correct language in#5H and relocate#5J, 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-570
PLANNER: Chris Gathman
APPLICANT: Olson Brothers, LLC
ADDRESS: P.O. Box 38, Berthoud, Colorado, 80513
REQUEST: Change of Zone from A(Agricultural)to PUD for 8 residential lots for
Estate Uses, one 54.5 acre agricultural erttlot, and 12 acres of common
open space
LEGAL DESCRIPTION: Lot B of Recorded Exemption 2746; located in pad of the NE4 of
Section 30, Township 4 North, Range 67 West of the 6th P.M., Weld
County Colorado
LOCATION: South of and adjacent to Weld County Road 42, East of and adjacent to
WCR 13
be recommended favorably to the Board of County Commissioners for the following reasons:
The Planning Commission recommends that this request be approved 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 in compliance with Section 27-6-120 of the Weld County Code as
ir` follows:
A. Section 27-6-120.6.a. -That the proposal is consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), 22 (Comprehensive Plan), 23 (Zoning), 24 (Subdivision)and 26 (Mixed
Use Development) of this code. This proposal is not located within an existing
intergovernmental agreement boundary. The applicant is proposing eight residential
lots ranging in size from 1.1 to 1.7 acres for Estate uses. The applicant is proposing to
vary from the minimum Estate zone district lot size requirement of 2.5 acres.
The proposal is consistent with the aforementioned documents as follows:
1) Section 22-2-60.A.1, A.Goal 1 --"Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture." The
subject parcel is 79 acres net in size and is classified as"Prime" farmland on
the Important Farmlands of Weld County map. The applicants are proposing a
54.5 acre buildable agricultural lot (Lot 9). Lot 9 shall have one building
envelope located on the site in the northeast corner of the Agricultural lot.
2) Section 22-2-60.C.2, A.Policy 3 states"Conversion of agricultural land to
residential, commercial and industrial development will be discouraged when
the subject site is located outside of a municipality's comprehensive plan area,
urban growth boundary area, or I-25 Mixed Use Development area and urban
development nodes." The application proposes non-urban scale development
as defined by Section 27-2-140 of the Weld County Code. Section 27-2-140
defines non-urban scale development as"...developments comprising of nine
r-. (9) or fewer residential lots, located in a non-urban area as defined in Chapter
22 of the Weld County Code, not adjacent to other PUDs, subdivisions,
municipal boundaries or urban growth corridors." This proposal includes public
I EXHIBIT water and consists of eight (8) PUD residential lots for Estate uses and 12 acres
of common open space along with a 54.5 acre Agricultural lot (Lot 9). It is not
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CAZ 2002-0953
located adjacent to other PUDs, municipalities or urban growth corridors and
meets the definition of non-urban scale development.
3) Section 22-2-190.D.2.b, PUD.Policy 4.2 states"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..." The proposed open space of 12
acres does not border Lots 1-3 of the proposed PUD. Planning Staff is
recommending that the proposed common open space be redesigned so that it
borders and is accessible to Lots 1-3 in order to satisfy the requirements of PUD
Policy 4.2. Planning staff recommends an internal trail system be designated
within the common open space. No internal trail system is proposed to access
the 12 acre common open space area.
4) Section 23-4-440.A requires a minimum lot size of 2.5 acres in the E (Estate)
Zone District. The applicant is proposing eight residential lots ranging in size
from 1.1 to 1.7 acres for Estate uses. The applicant is proposing to vary from the
minimum Estate zone district lot size requirement of 2.5 acres.
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 of this Chapter.
The Department of Public Works, as stated in their referral received March 5, 2002, is
requiring this PUD to have paved roads.
Section 27-2-40 of the Weld County Code states: "The normal bulk requirements for
minimum setback, minimum offset, minimum lot size, minimum lot area per structure,
maximum height of buildings and lot coverage may be varied as specified in the PUD
final plan." Section 23-4-440.A of the Weld County Code requires a minimum lot size of
2.5 acres in the E (Estate)Zone District. The applicant is proposing eight residential
lots ranging in size from 1.1 to 1.7 acres for Estate uses. The applicant is requesting to
vary from the E (Estate) lot size requirements for the eight proposed residential lots for
Estate Uses. Section 23-3-50 of the Weld County Code requires a minimum lot size of
80 acres in the A(Agricultural)Zone District. The applicant is proposing a 54.5
agricultural lot with this PUD.
The applicant has met the twenty performance standards as delineated in Section 27-2-
10 regarding access, buffering and screening, bulk requirements, circulation, etcetera.
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-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 this Code or
master plans of affected municipalities. This site is located within the 3-mile referral
areas for the Towns of Johnstown and Mead. The Town of Johnstown in their referral
received March 15, 2002 indicated no conflict with their interests. No referral was
received from the town of Mead indicating no conflict with their interests.
D. Section 27-6-120.6.d-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 of this Chapter. The Department of Public Health and Environment referral
dated March 1, 2002 states that the applicant has satisfied Chapter 27 of the Weld
County Code in regards to Sewer and Water Service. Water is to be provided by the
Little Thompson Water District. A water service commitment letter and agreement for
water main extension from Little Thompson Water District is provided in the application
materials.
The Office of the State Engineer, Division of Water Resources indicated in a referral
received March 13, 2002 that the proposed water supply for Lots 1-9 (for residential
purposes)will not cause injury to existing water rights.
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. Septic
envelopes have been indicated for Lots 1-8. The Weld County Department of Public
Health and Environment is requiring septic envelopes to be indicated for the building
envelope for Lot 9.
E. Section 27-6-120.6.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 PUD Zone District. The Department of Public
Works, in their referral received March 5, 2002, indicated that the proposed layout of
Dove Court and Willow Lane is acceptable. Final roadway construction plans and an
off-site road improvements agreement addressing impacts to Weld County Roads 15
and 42 will be required with the final plat application.
F. An off-site road improvements agreement and an on-site improvements agreement
proposal is in compliance with Chapter 24 of this Code, as amended, and a road
improvements agreement is complete and has been submitted, if applicable. The
applicant did not include a preliminary road improvements agreement. Development
Standards and Conditions of Approval ensure compliance with Chapter 24, Article VII,
and Sections 24-9-10 and 24-9-20 of the Weld County Code. Public and Private Road
Maintenance and Improvements Agreements along with final roadway plans and a final
drainage report shall be submitted with the Final Plat application.
G. There has been compliance with the applicable requirements contained in Chapter 23 of
this Code regarding overlay districts, commercial mineral deposits and soil conditions
on the subject site.
The site is not located within any overlay districts.
The applicants have indicated a 400-foot by 400-foot future gas well envelope on the
property. A letter dated August 20, 2001 from Southwestern Production Corporation
(the operator of record for an existing oil & gas lease for Southwestern Eagle, LLC)
indicated that they had reviewed the gas well envelope and future tank battery location
on the S-546 sketch plan map and indicated that future wells and facilities will likely fall
within these locations. The gas well envelope and tank battery location are indicated in
the same location on the proposed change of zone plat as they are indicated on the S-
546 sketch plan map.
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 accurately reflects the performance
standards and allowed uses described in the proposed zone district with the exception
of the proposed lot sizes as described previously. The applicant is requesting that the
Final Plan be administratively reviewed. Planning Staff is recommending that this case
be brought before the Board of County Commissioners for the final plat based on the
required relocation of the internal roads and redesign of the open space parcel.
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.
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 is conditional upon the
following:
Prior to the Board of County Commissioners Hearing:
1. Section 22-5-100.6.1 of the Weld County Code 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 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 or show evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners. The
plat shall be amended to include any possible future drilling sites. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Dept. of Planning Services)
2. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) A septic area large enough for at least two absorption fields shall be designated
on the building site of Lot 9. (Department of Public Health and Environment)
2) The Change of Zone plat shall meet all requirements of Section 27-9-20 of
the Weld County Code. (Department of Planning Services)
3) Outlot A(Common Open Space) shall be redesigned so that it borders and is
accessible from proposed Lots 1, 2 and 3 of the PUD. (Department of
Planning Services)
4) Building envelopes for Lots 1,2 and 3 and Lot 8 of the proposed subdivision shall
be located outside the 150-foot gas well setback and 200-foot tank battery
setback.
B. The applicant shall address the recommendations/requirements of the Johnstown Fire
Protection District. Evidence of compliance with Johnstown Fire District Requirements
shall be submitted to Department of Planning Services. (Johnstown Fire Protection
District)
C. The applicant shall submit additional information about the use and design of the
proposed common open space in the PUD. Evidence of how the proposed residential
lots will have a pedestrian connection with the open space shall be provided. The
applicant shall also indicate whether livestock (horses...)will be allowed in the common
open space. (Dept. of Planning Services)
D. The applicant shall submit two paper copies of the plat for review and approval by the
Department of Planning Services. (Department of Planning Services)
E. 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). This digital file may be sent to maps(a�co.weld.co.us. (Dept. of Planning
Services)
3. Upon completion of 2 above the applicant shall submit a Mylar plat along with all other
documentation required as conditions of approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee.
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:
A. The site specific development plan is for a PUD Change of Zone from A (Agricultural)to
PUD with Estate Zone District uses 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.
B. Approval of this plan may create a vested property right pursuant to Article VIII, Section
23-8-50 of the Weld County Code. (Department of Planning Services)
C. Water service shall be obtained from the Little Thompson Water District. (Department of
Public Health and Environment)
D. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water
Quality Control Division and the Weld County Code in effect at the time of construction,
repair, replacement, or modification of the system. The change of zone documents for
this subdivision were prepared by Alles and Associates, Inc., Job Number: Olson-0102
and dated December 12, 2001. These change of zone drawings indicate a proposed
septic area for the placement of primary and secondary absorption fields. This area
may be movable, provided the area is of equal or greater size that allows for the
placement of primary and secondary absorption fields, meets all required setbacks, and
are documented by an affidavit of correction per Section 24-5-50 of the Weld County
Code. The lot owner shall not place any permanent landscaping, structures, dirt
mounds or other items that would interfere with the construction, maintenance, or
function of the fields in the septic area. (Department of Public Health and Environment)
E. If required, 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. 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. 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 (APEN), and apply for a permit
from the Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
"Weld County's Right to Farm"statement as provided in Appendix 22-E of the Weld
County Code shall be placed on any recorded plat. (Department of Planning Services)
J. Potential Purchasers are hereby notified that a confined animal feeding operation for
2,000 head of cattle (USR-1258) is located 600 feet west of the intersection of Weld
County Roads 42 and 13. Off-site impacts that may be encountered include noise from
trucks, tractors and equipment; dust from animal pens and odors from animal
confinement, silage, and manure. (Department of Planning Services and Department of
Public Health and Environment)
K. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(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. (Departments of Planning Services and Building
Inspection)
M. 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)
N. Proper building permits shall be obtained prior to any construction. A plan review is
required for each building. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit. (Department of Building Inspection)
Q. 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)
P. Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
Q. Building height shall be limited to the maximum height allowed per UBC table 5-B. Wall
and opening protection and limitations shall be in accordance with UBC table 5-A.
Separation of buildings of mixed occupancy classifications shall be in accordance with
UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code. (Department of Building Inspection)
R. Future construction and development of the site shall be in accordance with the
recommendations of the Colorado Geological Survey as stated in their referrals received
September 20, 2000 and January 29, 2002. (Colorado Geological Survey)
S. The number of livestock allowed for Lot 9 shall meet the A(Agricultural)Zone District
requirements and the number of livestock allowed for Lots 1-8 shall meet the E (Estate)
Zone District requirements for"Animal Units"as stated in Section 23-1-90 of the Weld
County Code. (Department of Planning Services)
T. The property owner shall be responsible for complying with the Performance Standards
of Chapter 27, Article II and Article VIII, and Chapter 15, Articles I and II of the Weld
County Code. (Department of Planning Services)
U. 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.
V. 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)
5. At the time of Final Plan submission:
A. The applicant shall submit final road layout and alignment plans with
associated documents to the Department of Public Works for their review
and approval. (Department of Public Works)
B. The applicant shall submit an on-site (Private) Improvements Agreement
that addresses all landscaping, open space, storm drainage and
underground utility improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
C. The applicant shall submit an off-site (Public) Improvements Agreement
that addresses all transportation improvements associated with this
development and that addresses shared costs of future paving or dust
control on Weld County Roads 42 and 15 proportional to the impact this
development per compliance with Section 24-9-10 of the Weld County
Code. Evidence shall be submitted to the Department of Planning
Services that approval was received from the Department of Public
Works of an Improvements Agreement Regarding the Transportation
portion of the PUD. (Departments of Public Works, Planning Services)
D. Final drainage report and drainage plans shall be submitted for review
and approval by the Department of Public Works. (Department of Public
Works)
E. That portion of Weld County Road 42 at the northwest corner of Lot 9
deviates from the quarter section line. At final plat, the existing road
location must be verified and a 60' right-of-way established that covers
the roadway. (Department of Public Works)
F. The applicant shall submit a draft of the Homeowner's Association
bylaws and covenants for review and approval by the Weld County
Attorney's Office. Language for the preservation and/or protection of the
absorption field envelope shall be placed in the development covenants.
The covenants shall state that activities such as permanent landscaping,
structures, dirt mounds or other items are expressly prohibited in the
absorption field site. (Department of Planning Services)
G. The applicant shall submit a Landscape Plan in accordance with Section
27-9-30 (PUD)of the Weld County Code. The landscape plan shall
indicated any trails/pedestrian connections in the common open space
area. Landscape proposed within clear vision areas shall be no taller
than 2.5 feet in height. (Department of in Planning Services)
H. The applicant shall contact the appropriate postal service, ambulance
service, fire district, RE-5J School District, and Weld County Sheriffs
Office have for review of the appropriate following items: preliminary
addresses, bus/mail pick up location, and street name. (Department of
Planning Services)
Existing roadway and right-of-way locations for Weld County Road 42
and Weld County Road 15 shall be indicated on the final plat.
(Department of Public Works)
J. The applicant shall submit a proposed estimate for time of construction of
the PUD. (Dept. of Planning Services)
K. The applicant shall submit a modified Landscape Plan in accordance
with Section 27-9-30 (PUD) of the Weld County Code. Plant types, sizes
and heights shall be indicated on the plan. Proposed landscaping in
clear vision areas shall be no more than 2.5 feet height(Outlots B and
C).
6. Prior to Recording the Final Plat:
A. 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)
7. Prior to the release of any building permits:
A. The applicant shall supply designated street and stop signs, as required
by Weld County Public Works, at the appropriate locations. (Department
of Public Works)
Motion seconded by John Folsom.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
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 April 2, 2002.
Dated the 2nd of April, 2002.
Voneen Macklin
Secretary
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