HomeMy WebLinkAbout20053055.tiff BEFORE TH ELD COUNTY, COLORADO, PLANNINC 1MMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Chad Auer, 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: PZ-1087
APPLICANT: Ed Orr
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-3181 being part of the W2NW4 Section 30, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: A Change of Zone from A(Agriculture) to PUD for nine (9) residential lots
with Estate Zone uses (Orr Estates).
LOCATION: North of and adjacent to CR 64.5; approximately 1/4 mile east of CR 23.5.
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 27-6-120.8.6.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 proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.8.1, 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 North Weld County Water District
and Individual Sewage Disposal 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.
The applicant has met all the 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 within the three mile referral
area for the City of Greeley and the Towns of Severance and Windsor. The City of Greeley
requested that the applicant be required to include sidewalks and curbs. Weld County has
consistently not required sidewalks and curbs in subdivisions of nine lots or less located
outside of urban area.The Town of Windsor stated that the proposal is consistent with their
comprehensive plan and recommend approval provided adequate right-of-way is dedicated
along County Road 64 '/. The Town of Severance did not respond to the change of zone
referral request.
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 North Weld County Water
District and Individual Sewage Disposal Systems will handle the effluent flow.
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 R-•- •• •
of Public Works has not required improvements to County Road 64 1/2. EXHIBIT
2005-3055 1 6
Resolution PZ-1087
Ed Orr
Page 2
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.Conditions of approval ensure that the applicant will complete an on-
site(Private)Improvements Agreement that addresses all improvements associated with this
development, per compliance with Section 24-9-10 of the Weld County Code prior to
recording the final plat.
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 Colorado Geological Survey
indicated that site-specific geotechnical investigations should be done for all planned
structures. These are required by the Weld County Building Inspection at time of building
permit.
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.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A(Agricultural)to PUD for nine(9)lots with Estate Zone Uses is conditional
upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall either submit to the Department of Planning Services a copy of an agreement
with the properties mineral owners and lessees stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or indicate the 400'x 400'and the 800'
x 800'drilling envelope locations per state statute. (Department of Planning Services)
2. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1087. (Department of Planning Services)
2) The interior road is proposed to be named Overland Court. In accordance with Section 2-
13-70.H.1.a.7 of the Weld County Code the road shall be named Overland Way.
(Department of Planning Services)
3) CR 64.5 is classified by the County as a collector road (Weld County Roadway
Classification Plan,June 2002)adjacent to the proposed development requiring an 80-foot
right-of-way. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way shall be noted (labeled & dimensioned) on the change of zone
plat. If the right-of-way cannot be verified, it will be dedicated on the final plat..
(Department of Public Works)
4) Internal roads are required to meet Weld County criteria for a PUD. The internal roadway
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 section of interior roadway shall be shown
as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat. The
cul-de-sac edge of pavement radius shall be fifty(50)feet. (Department of Public Works)
5) The plat shall indicate the location of the development sign.The sign shall meet all setback
and offset requirements. (Department of Planning Services)
Resolution PZ-1087
Ed Orr
Page 3
6) Application materials indicate that the applicant has agreed to place a fence along the
railroad right-of-way. The landscape Plan shall be amended to include information on the
type of fence and location. (Department of Planning Services)
B. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (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 Change of Zone from A(Agricultural)to PUD for nine
(9)residential lots as indicated in the application materials on file in the Department of Planning
Services. The lots will adhere to the uses allowed in the E (Estate)Zone District. The PUD will
be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld
County Regulations. (Department of Planning Services)
B. All landscaping within the site distance triangles must be less than 31/2 feet in height at maturity.
(Department of Planning Services)
C. 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)
D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
E. Water service shall be obtained from North Weld County Water District. (Department of Public
Health and Environment)
F. 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)
G. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes
must meet all setbacks,including the 100-foot setback to any well. (Department of Public Health
and Environment)
H. Activities such as permanent landscaping, structures, dirt mounds or other items are expressly
prohibited in the absorption field site. (Department of Public Health and Environment)
I. 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 at www.cdphe.state.co.us/wq/PermitsUnit for more information.
(Department of Public Health and Environment)
J. 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)
K. 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)
•
Resolution PZ-1087
Ed Orr
Page 4
L. 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)
M. Building permits shall be obtained prior to the construction of any building or structure. Building
permits are also required for signs and structures such as bus shelters if provided. (Department
of Building Inspection)
N. A plan review is required for each building for which a building permit is required.Plans shall bear
the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are
required when applying for each permit. (Department of Building Inspection)
O. 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 Residential Code;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. (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,wall and opening protection and separation of buildings with mixed uses shall be
in accordance with the Building and/or Residential Code in effect at the time of permit application.
Setback and offset distances shall be determined by Chapter 23 of the Weld County Code.
(Department of Building Inspection)
R. Building height shall be measured in accordance with the applicable 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.
(Department of Building Inspection)
S. All signs including entrance signs shall require building permits.Signs shall adhere to Section 23-
4-80 and Section 23-4-110 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services)
T. 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)
U. The property owner shall allow any mineral owner or lessee the right of ingress or egress for the
purposes of exploration development, completion, re-completion, re-entry, production and
maintenance operations associated with existing or future operations located on these lands.
(Department of Planning Services)
V. Oil and gas production facilities shall be fenced in order to mitigate the potential for tampering.
(Sheriffs Office)
W. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
X. 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)
• Resolution PZ-1087
Ed Orr
Page 5
Y. Weld County personnel 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)
Z. 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)
PA. 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)
BB. 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
three (3) 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)
CC. 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. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required thirty(30) days from the date of the Board of County Commissioners
resolution a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
6. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreements According to Policy Regarding
Collateral For (on-site) Improvements with the final plan application. This agreement must be
reviewed by County Staff and shall be approved by the Board of County Commissioners prior to
recording the final plat. (Departments of Public Works and Planning Services)
B. The Final Plan shall address all requirements listed on the Windsor-Severance Fire Protection
District referral dated August 9, 2005. (Windsor-Severance Fire Protection District)
C. All copies of the final plan application shall include a copy of the proposed addressing as
indicated in the referral dated August 16, 2005 from Weld County Building Inspection.
(Department of Planning Services)
D. The applicant shall address all recommendation listed in the referral dated August 17,2005 from
the Weld County Sheriff's Office. (Sheriff's Office)
Resolution PZ-1087
Ed Orr
Page 6
E. The applicant shall include evidence in the final plan application that the School District has
approved the bus pull off and that any requirements have been incorporated into the plan.
(Department of Planning Services)
F. The applicant shall include evidence in the final plan application that the appropriate postal district
has approved a location for the group delivery box. The box shall be placed outside of the road
right-of-way on property owned and maintained by the Homeowners Association and delineated
on the final plat. (Department of Planning Services)
G. The applicant shall include evidence in the final plan application that the appropriate postal district
has reviewed the proposed addressing and interior street name. (Department of Planning
Services)
H. Stop signs and street name sign locations must be shown on the final roadway construction
plans. (Department of Public Works)
I. Intersection sight distance triangles at the development entrance will be required. All landscaping
within the triangles must be less than 3% feet in height at maturity, and shown on the final
roadway plans. (Department of Public Works)
J. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
roadway/ construction & grading plan drawings for review and approval. Construction details
must be included. (Department of Public Works)
K. The minimum acceptable pavement section for Weld County is 3-inches HBP over 6-inches ABC.
The applicant shall show this change on the final plans. (The Terracon pavement design of
3-inches of asphalt concrete & 4-inches of aggregate base course does not meet the Weld
County minimum standard.)(Department of Public Works)
L. A final drainage report stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted with the final plan application. The 5-year storm and
100-year storm drainage studies shall take into consideration off-site flows both entering and
leaving the development. Increased runoff due to development will require detention of the
100-year storm developed condition while releasing the 5-year storm existing condition. The final
drainage report shall include a flood hazard review documenting any FEMA defined floodways.
The engineer shall reference the specific map panel number, including date. The development
site shall be located on the copy of the FEMA map.The report shall also address all requirements
listed in the Department of Public Works referral response dated July 13, 2005. (Department of
Public Works)
M. The applicant shall prepare a construction detail for typical lot grading with respect to drainage
for the final plan application. Front, rear and side slopes around building envelopes must be
addressed. In addition, drainage for rear and side lot line swales shall be considered. Building
envelopes must be planned to avoid storm water flows, while taking into account adjacent
drainage mitigation. (Department of Public Works)
N. Final drainage construction and erosion control plans (conforming to the drainage report)
stamped,signed and dated by a professional engineer licensed in the State of Colorado shall be
submitted with the final plan application. These plans (stormwater management plans)may be
based on Urban Drainage methodology. (Department of Public Works)
O. Easements shall be shown on the final plat in accordance with County standards(Section 24-7-
60 of the Weld County Code) and /or Utility Board recommendations. (Department of Public
Works)
P. The applicant shall submit covenants for review and approval. The covenants shall address
restriction of livestock to prevent the loss of vegetative cover and overgrazing of pasture as no
irrigation water is being proposed for the subdivision. Language for the preservation and/or
protection of the second absorption field envelope shall be placed in the development covenants.
Resolution PZ-1087
Ed Orr
Page 7
The covenants should state that activities such as landscaping(i.e.planting of trees and shrubs)
and construction (i.e. auxiliary structures,dirt mounds,etc.)activities are expressly prohibited in
the designated absorption field site.Covenants should include a plan to maintain roadways within
the subdivision during inclement weather conditions for emergency vehicles. Finalized covenants
and the appropriate fee shall be submitted for recording with the final mylar plats. (Departments
of Planning Services and Public Health and Environment, Sheriff's Office)
6. Prior to recording the final plat:
A. The applicant shall submit evidence to the Department of Planning Services that the required
School District cash-in-lieu of land dedication fee has been paid. (Department of Planning
Services)
B. The applicant shall enter into Improvements Agreements According to Policy Regarding
Collateral for Improvements. These agreements shall be approved by the Board of County
Commissioners. (Departments of Planning Services and Public Works)
C. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the state. (Department of Planning Services)
D. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant
and North Weld County Water District for service to the PUD.(Department of Planning Services)
E. 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 Roy Spitzer
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
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 September 6, 2005.
Dated the 6th of September, 005.
Voneen Macklin
Secretary
-(o - zees
concern. This does not seem compatible with the Development Standards preliminary.
Michael Miller moved that Case USR-1521, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
denial. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Erich Ehrlich, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes, Bruce Fitzgerald,
yes. Motion carried unanimously.
Chad Auer commented this was to intense of a use.
— CASE NUMBER: PZ-1087
APPLICANT: Ed Orr
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-3181 being part of the W2NW4 Section 30, T6N, R66W of
the 6th P.M.,Weld County, Colorado.
REQUEST: A Change of Zone from A(Agriculture)to PUD for nine (9) residential lots
with Estate Zone uses (Orr Estates).
LOCATION: North of and adjacent to CR 64.5; approximately 1/4 mile east of CR
23.5.
Sheri Lockman, Department of Planning Services presented Case PZ-1087,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.
Rob Cassaday, representative for applicant, provided clarification on the proposal and is available for
questions.
Michael Miller asked if these were two acre sites. Mr. Cassaday indicated they were. Mr. Miller asked if they
were providing irrigation water. Mr.Cassaday stated they are applying for an irrigation tap for the open space
from North Weld County Water District.
Michael Miller asked how much open space was on site. Mr. Cassaday stated there are 24 acres with 15%
open space and this does not include the detention pond.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Sandra Miller, neighbor, indicated she would rather have the acreage homes instead of bottle plants or
commercial developments.
Gloria Gazman, mineral right owner, indicated her concern with re-zoning agricultural property to residential. It
is not a good policy to take agricultural land out of production. The water is a concern.
Lisa Lowes, neighbor, indicated she would like to see the speed limit adjusted on the road. The traffic from
Kodak and the bottling plant makes this a very busy road. The posted limit is 55 mph and this is posted near
Kodak. Ms. Lowes would like to see the retention ponds to the north of the homes. Robert Jacobs, Public
Works, stated that the ponds are located at the south end of the subdivision. The road is classified as a
collector and is 55 mph. Mr. Fitzgerald asked how that could be amended. Mr. Carroll stated the best way
would be to draft a letter the Department of Public Works requesting the change and indicating the concerns.
An engineer would do s site inspection for a safety analysis, and evaluate the possible concerns. Should a
change be warranted then it could be recommended to the Board of County Commissioners at a hearing.
The Chair closed the public portion.
Michael Miller asked Mr.Jacobs if this was in conflict with the re-alignment of O Street. Mr.Jacobs indicated
this section would not cause any concern and there has not been a final alignment determined. Ms.Lockman m
added that at the latest meeting regarding O Street which was held in Windsor this section would not be o = C I
concern. 6
Rob Cassaday,added that this is agricultural land to estate which are larger lots. This area is not considered
prime for production. The land is difficult to irrigate and is a small acreage.
Michael Miller asked where the detention ponds would be. Mr. Cassaday stated they will be in outlot A which
is on the south end of the property and will be used as a buffer to CR 64. The size of the ponds has been
engineered for the area and need.
Rob Cassaday agrees with Development Standard and Conditions.
Erich Ehrlich asked Ms. Lockman about a water between North Weld Water District and the applicant. ms.
Lockman stated there is a draft that will need to be signed prior to the recording of the final plat.
Chad Auer moved that Case PZ-1087, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Erich Ehrlich, yes; Michael Miller,yes; Chad Auer,yes;Tom Holton,yes, Bruce Fitzgerald,yes.
Motion carried unanimously.
Meeting adjourned at 3:35pm
Respectfully submitted
Voneen Macklin
Secretary
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