HomeMy WebLinkAbout20050067 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MZ-1056
APPLICANT: Francisco Granados
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-2916; being part of the W2NW4 Section 3, T5N, R64W of the
6th P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision Change of Zone from the Agricultural (A)Zone District
to Estate (E)Zone District for four (4) residential lots .
LOCATION: North of and adjacent to CR 60 Y, East of and adjacent to Hwy 37.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code as follows:
A. Section 23-2-30.A.1. The proposal is consistent with Chapter 22 of the Weld County Code.
Section 22-2-60. G. 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 all recorded plats.
Section 22-2-60.C. A.Goal.3 discourages urban-scale residential development which is not
located adjacent to existing incorporated municipalities. The proposed minor subdivision
does not propose an urban scale development as defined by the Weld County Code and it
is not located adjacent to existing incorporated municipalities,subdivision or unincorporated
townsites.
B. Section 23-2-30.A.2. states"That the uses which would be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land uses." The
proposed site does not lie within the Urban Growth Boundary or Intergovermental Agreement
area for any municipality. The subject property lies within the three-mile referral area of the
Town of Kersey. The Town of Kersey in their referral dated 10/7/04 found the proposed
development to have no conflicts with their interests. The Department of Planning Services
has not received any correspondence from surrounding property owners. The right-to-farm
statement is required to appear on the recorded change of zone plat which informs any new
residents to the area that the surrounding community is agriculture in nature. The
Department of Planning Services'believes that the granting of this Change of Zone will have
a minimal impact on the surrounding land uses.
C. Section 23-2-30.A.3. states"That adequate water and sewer service can be made available
to the site to serve the uses permitted within the proposed zone district." The applicant has
a Water Service Agreement with North Weld County Water District. The agreement has
been approved by the Weld County Attorney's Office.
The Weld County Department of Public Health and Environment has reviewed this proposal
and has indicated the applicant has satisfied Chapter 24 of the Weld County Code in regard
to water and sewer service. Sewer will be provided by Individual Sewage Disposal Systems
(ISDS) and the overall density meets the current Department policy. Each lot for the
proposed minor subdivision shall have an ISDS installed per the Weld County Department
of Public Health and Environment requirements and specifications.
D. Section 23-2-30.A.4 states"Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district." County Roads 55
and 60.5 are classified by the County as local gravel roads and require a minimum 60-foot
EXHIBIT
2005-0067
NZ 1p IOsTT
Resolution MZ-1056
Francisco Granados
Page 2
right-of-way.The right-of-way shall be verified and shown on the final plat. If the right-of-way
cannot be documented,it shall be dedicated on the final plat.This development will introduce
additional vehicle trips per day to the roadway system. Therefore the applicant will be
required to enter into an agreement with the County to proportionately share the cost of
improving (paving) County Road 60.5. The cost will be based on a proportion of the traffic
generated by the development to the existing traffic.
E. Section 23-2-30.A.5. states"That,in those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with the
applicable standards:"
1) The proposed Change of Zone does not lie within any overlay district identified by the
maps officially adopted by Weld County.
2) Shallow groundwater on site may cause limitations for septic system installation.
The Weld County Department of Public Health and Environment has required that
each septic system be engineered and designed for site-specific conditions,
including, but not limited to shallow groundwater.
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 the A(Agricultural) Zone District to E (Estate) Zone District for Four (4)
Residential Lots is conditional upon the following:
1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled MZ-1056. (Department of Planning Services)
2) All future signs including entrance signs, street signs and stop signs shall be
delineated on the plat and shall be located on an outlot that is maintained by the
Homeowners Association (HOA). (Department of Planning Services)
3) All lots need to show the net acreage. (Department of Planning Services)
4) The agricultural access off of State Highway 37 shall be removed from the plat. The
applicant shall submit evidence to the Department of Planning Services that the road
has been closed. (Department of Planning Services)
5) The Weld County School District RE-7 has stated in their referral that the school bus
will not be entering the subdivision, therefore the"proposed school bus stop area"
in the cul-de-sacs shall be removed. The school bus pull off area shall be located
on an outlot that is maintained by the Homeowners Association(HOA).(Department
of Planning Services)
6) The applicant shall clearly identify the school bus pull off area and label that area
school bus stop. (Department of Planning Services)
7) The plat shall be amended to address the requirements (concerns) of the Weld
County school district RE-7, as stated in the referral response dated 9/30/04.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Weld County School District RE-7)
8) County Roads 55 and 60.5 are designated by the County as a local gravel road,
which requires 60 feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of County Roads 55 and 60.5
shall be delineated right-of-way on the plat. County road 55 is not maintained by
Resolution MZ-1056
Francisco Granados
Page 3
Weld County. County road 60.5 is maintained by Weld County. (Department of
Public Works)
9) The applicant shall work with the Colorado Department of Transportation to
determine the current right-of-way along State Highway 37 and the area to be
reserved for the future expansion of State Highway 37. Written evidence shall be
submitted to the Department of Planning Services (Colorado Department of
Transportation)
10) The internal roads shall address all issues indicated in the Weld County Department
of Public Works referral dated October 21, 2004. (Department of Public Works)
11) The applicant shall address the concerns of the Weld County Sheriff's Department
as stated in a memo dated October 15, 2004 and incorporate remedies for these
concerns. Written evidence of a solution shall be provided to the Department of
Planning Services. (Sheriffs Office)
12) The plat shall be amended to show all landscaping within the site distance triangles
must be less than 3%feet in height at maturity, and noted on the Landscape Plan.
The bus stop bench and mailboxes must be outside the sight distance triangles.
(Department of Public Works)
13) The applicant shall provide the Weld County Department of Planning Services with
a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes
exist for the original parcel. (Department of Planning Services)
B. 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)
2. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes:
A. The Change of Zone allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision
shall consist of four(4) residential lots. (Department of Planning Services)
B. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
C. 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. (Department of Public Health and Environment)
D. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment atwww.cdphe.state.co.us/wq/PermitsUnit
for more information. (Department of Public Health and Environment)
E. 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)
Resolution MZ-1056
Francisco Granados
Page 4
F. 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)
G. 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)
H. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat shall be recognized at all times. (Department of Public Health
and Environment)
I. There are Confined Animal Feeding Operations in close proximity to this development.
Residents should be aware that there may be flies and odors associated with these activities.
(Department of Public Health and Environment)
K. The site shall maintain compliance at all times with the requirements of Weld County
Personnel. (Department of Planning Services)
L. Personnel from the Weld County Government 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)
M. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
N. 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 along with the enforcement of covenants. (Department of Planning Services)
O. Appropriate Building Permits shall be obtained prior to any construction or excavation.
(Department of Planning Services)
P. 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)
Q. Building permits shall be obtained prior to the construction of any building. Building permits
are required for the principle dwelling and for buildings accessory to the principle dwelling.
(Building Inspection)
R. A plan review is required for each building. Two complete sets of plans are required when
applying for each permit. Each building may be required to be designed by a Colorado
registered engineer. (Building Inspection)
S. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 2003 International Building Code;
2003 International Mechanical Code; 2003 International Plumbing Code;2003 International
Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Building Inspection)
T. 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. (Building Inspection)
Resolution MZ-1056
Francisco Granados
Page 5
�-. U. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code. (Building Inspection)
V. Construction on or around any ditch which carries water to surrounding properties shall be
done so that the delivery of water is not impaired. (Department of Planning Services)
W. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
X. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Building Inspection)
Y. Any disturbance of wetlands shall require the applicant to contact the Army Corps of
Engineers for permits pursuant to Section 404 of the Clean Water Act
3. At the time of Final Plat:
A. Prior to recording the final plat,the applicant shall provide written evidence from Weld County
School District RE-7 which indicates that all district requirements have been met.
(Department of Planning Services)
B. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services and
Department of Public Works)
C. The applicant shall submit covenants for Pheasant Meadow Subdivision. The covenants
shall be approved by the Weld County Attorney's Office and County Staff prior to recording
the final plat. (Departments of Planning Services)
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
E. The applicant shall enter into an agreement with Weld County to proportionally share the cost
of improvements to County Road 60.5. The applicant shall submit a proposed agreement
with the final plat application. (Department of Public Works)
F. Copies of the preliminary addresses shall be included in the final plan application for review
by referral agencies. (Department of Planning Services)
G. All landscaping within the site distance triangles must be less than 3% feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
H. Roadway and grading plans along with details must be approved prior to recording final plat.
Indicate stop signs and street names on final roadway plans. (Department of Public Works)
^ I. A final drainage report and construction plans, conforming to the drainage report, shall be
approved prior to recording final plat. (Department of Public Works)
J. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Departments of Planning Services)
Resolution MZ-1056
Francisco Granados
Page 6
.-� K. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the State. (Departments of Planning
Services)
L. The applicant shall submit copies of finalized water and sewer agreements with North Weld
County Water District prior to recording the final plan. (Departments of Planning Services)
M. Prior to recording the final plat, 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)
Motion seconded by Chad Auer
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
Doug Ochsner
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 December, 2004.
Dated the 7'"of December, 2004.
\1 .0—1-- e
Voneen Macklin
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 7, 2004
A regular meeting of the Weld County Planning Commission was held Tuesday 2004, in the Weld County
Department of Planning Services,Hearing Room,91810`"Street,Greeley,Colorado. The meeting was called
to order by Chair, Michael Miller, at 1:30p.m.
r.-.3
ROLL CALL -k _
L. « 3
Michael Miller
Bryant Gimlin Absent C_) ._. 777
John Folsom
James Welch , _
James Rohn Absent ,
Bruce Fitzgerald O
Tonya Strobel Absent
Chad Auer -'1
Doug Ochsner
Also Present: Char Davis, Peter Schei, Pam Smith, Michelle Martin,Jacqueline Hatch, Sheri Lockman, Kim
Ogle
The summary of the last regular meeting of the Weld County Planning Commission held on November 16,
2004,was approved as read.
The following items are on the Consent Agenda:
CASE NUMBER: USR-1491
APPLICANT: Timothy& Lori Ehrlich
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-3039; part of the N2 N2 Section 34,T6N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by
Right, an accessory use,or a Use by Special Review in the Commercial or
Industrial Zone District (farm equipment and auto repair and up to six (6)
trucks and trailers used for storage) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 62-1/2; west of and adjacent to CR 57.
Doug Ochsner moved to approve the Consent agenda. Bruce Fitzgerald seconded. Motion carried.
The following items will be Heard:
CASE NUMBER: MZ-1056
APPLICANT: Francisco Granados
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-2916; being part of the W2 NW4 Section 3,T5N, R64W of the
6th P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision Change of Zone from the Agricultural (A)Zone District
to Estate (E)Zone District for four (4) residential lots .
LOCATION: North of and adjacent to CR 60 '/%, East of and adjacent to State Hwy 37.
Michelle Martin, Department of Planning Services presented Case MZ-1056, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards. Staff is recommending the
following changes:
1
Add the following note to the plat under 2.Y"Any disturbance of wetlands shall require the applicant
to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act."
Reword 1.A.9 to say the following "The applicant shall work with the Colorado Department of
Transportation to determine the current right-of-way along State Highway 37 and the area to be
reserved for the future expansion of State Highway 37. Written evidence shall be submitted to the
Department of Planning Services."
John Folsom asked Ms. Martin the approximate size of the wetlands on site. Ms. Martin indicated they were
approximately less than an acre.
Clayton Harrison,Pickett Engineering representative for the applicant,stated he was is available for questions
but had nothing to add. Mr. Harrison indicated staff had done a great job with the presentation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mike Miller asked about a letter from CDOT and should it be included in the comments. Ms. Martin indicated
the letter was to be used as a reference to one of the Conditions staff was proposing to have changed.
John Folsom asked Ms. Martin if the internal road will be paved. Ms. Martin indicated it would not be paved.
Michael Miller indicated staff was recommending the following changes:
Add the following note to the plat under 2.Y"Any disturbance of wetlands shall require the applicant
to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act."
Reword 1.A.9 to say the following "The applicant shall work with the Colorado Department of
Transportation to determine the current right-of-way along State Highway 37 and the area to be
reserved for the future expansion of State Highway 37. Written evidence shall be submitted to the
Department of Planning Services."
Doug Ochsner moved to approve the staff changes. Chad Auer seconded. Motion carried.
Doug Ochsner moved that Case MZ-1056, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; James Welch,yes; Michael Miller,yes; Chad Auer, yes; Doug Ochsner,yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
CASE NUMBER: PZ-1043
APPLICANT: Sherry Lawley
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-3581;being part of the SE4 Section 4,T6N,R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to PUD for 8 (eight) lots with E
(Estate)Zone uses
LOCATION: North of and adjacent to CR 72; west of and adjacent to CR 55.
Sheri Lockman,Department of Planning Services presented Case PZ-1043,reading the recommendation and
comments into the record.The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards.
Bruce Fitzgerald asked about the internal roadway being dedicated but not maintained. Ms Lockman indicated
the road would be dedicated but maintained by HOA. Mr. Fitzgerald asked about the Sheriff Departments
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