HomeMy WebLinkAbout20052835.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller,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-1093
APPLICANT: Terra Firma Ventures LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Change of Zone from Agriculture to PUD for nine(9)lots with Estate Zone
uses.
LOCATION: East of and adjacent to CR 15 and south of and adjacent to CR 86.
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 27-6-120.6.6.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 of 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 Town of Severance. The Town of Severance did not respond to the change of
zone referral request. However, the Town did indicate no conflict with their interests at the
sketch plan phase.
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 traffi
requirements of the uses of the proposed PUD Zone District. The Weld County Departmen
of Public Works has not required improvements to County Road 15 or County Road 86.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site m
improvements agreement proposal is in compliance with Chapter 24 of the Weld County 3 (y, ice`
Code as amended and a road improvements agreement is complete and has been W \ 1
2005-2835
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Resolution PZ-1093
Terra Firma Ventures
Page 2
submitted,if applicable.Conditions of approval ensure that the applicant will complete an on-
site(Public)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 ground water depths should be investigated further. The applicant did include
additional evidence in the Change of Zone application that the issue has been adequately
address.
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 recording the Change of Zone plat:
A. The Poudre Valley Fire Protection District did not respond to the referral request at the sketch
plan phase or at the Change of Zone. The applicant shall submit written evidence indicating all
District requirements have been incorporated into the plan. (Department of Planning Services)
B. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1093. (Department of Planning Services)
2) County Road 15 is classified by the County as a local paved road (Weld County Roadway
Classification Plan,June 2002)adjacent to the proposed development requiring a 60-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 shall be dedicated on the final plat. (Department of Public
Works)
3) County Road 86 is not recognized as a County local gravel roadway adjacent to the north
boundary of the proposed development. Public Works ask the applicant to verify the
existing section line right-of-way and the documents creating the right-of-way shall be noted
on the change of zone plat. If the section line right-of-way cannot be verified, it shall 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 cul-de-sac edge of pavement radius shall be fifty
(50)feet.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. (Department of Public Works)
5) The PUD Change of Zone plat shall include all the details shown on the Vicinity and Land
Use Map. (Department of Planning Services)
6) The plat shall indicate thirty-five (35) feet of ditch easement from the centerline of the
Cactus Hill Ditch as agreed upon by the applicant and the North Poudre Irrigation
Company. (Department of Planning Services)
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7) The plat shall indicate the location of the development sign in the median. An outlot shall
be created in the median so that the sign can be on property owned and maintained by the
Homeowners Association. (Department of Planning Services)
8) The plat shall indicate the location of the pedestrian shelter. The shelter shall be on
property owned and maintained by the Homeowners Association.(Department of Planning
Services)
C. 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 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. Septic
systems shall be designed for site specific conditions including, but not limited to, shallow
groundwater, bedrock, gravel and/or clay. (Department of Public Health and Environment)
G. 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)
H. 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)
I. 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)
J. 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
Resolution PZ-1093
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emissions notice, and apply for a permit from the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
K. A separate building permit shall be obtained prior to the construction of any building or structure
including any future entry way and or gates.(Department of Building Inspection)
L. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Commercial building plans (mail kiosk and bus shelter) shall bear the wet
stamp of a Colorado registered engineer or architect. Two complete sets of plans are required
when applying for each permit. Residential building plans may be required to bear the wet stamp
of a Colorado registered architect or engineer. (Department of Building Inspection)
M. 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)
N. 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)
O. 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. (Department of Building Inspection)
P. Building height shall be measured in accordance with the applicable Building Code(currently 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. Property lines shall be clearly identified and all property pins shall
be staked prior to the first site inspection. (Department of Building Inspection)
Q. 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)
R. 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)
S. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
T. 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)
U. 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)
V. 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)
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W. 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)
X. 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)
Y. 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. In accordance with Section 2-13-70 of the Weld County Code, the applicant shall designate a
name for the interior road that is identified as "Place", "Street" or Boulevard". (Department of
Planning Services)
C. All copies of the final plan application shall include a copy of the proposed street name and
addressing as indicated in the referral dated August 16, 2005 from Weld County Building
Inspection. (Department of Planning Services)
D. 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)
E. County Road 15 is classified by the County as a local paved road (Weld County Roadway
Classification Plan, June 2002) adjacent to the proposed development requiring a 60-foot
right-of-way. If the right-of-way cannot be verified, it shall be dedicated on the final plat.
(Department of Public Works)
F. County Road 86 is not recognized as a County local gravel roadway adjacent to the north
boundary of the proposed development. If the section line right-of-way cannot be verified,it shall
be dedicated on the final plat. (Department of Public Works)
Resolution PZ-1093
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G. The applicant shall prepare a pavement design prepared by a professional engineer submitted
with the final plan materials. (Department of Public Works)
H. Intersection sight distance triangles at the development entrance(s) will be required. All
landscaping within the triangles must be less than 3%feet in height at maturity,and noted on the
final roadway plans. (Department of Public Works)
I. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
roadway/ construction & grading plan drawings for review with the final plan application and
approval. Construction details must be included. (Department of Public Works)
J. Stop signs and street name signs will be required at all intersections and shown as a signing plan
on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices
(MUTCD)shall govern the signing plan.(Department of Public Works)
K. 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)
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
engineer will be required to show stormwater(detention)detailed calculations in the sealed final
drainage report. 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. (Department of
Public Works)
M. The applicant must show the proposed detention facility and corresponding easement on the final
plan materials. The maintenance of the detention pond shall be addressed. (Department of
Public Works)
N. 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)
O. 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)
7. 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 Agreement According to Policy Regarding Collateral
for Improvements. The agreement 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)
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Terra Firma Ventures
Page 7
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 evidence that the mineral rights purchased from Andarko have been
deeded to the Homeowners Association. (Department of Planning Services)
F. The applicant shall submit the appropriate recording fee (6$ for the first page and $5 for all
others) and a deed which transfers ownership of the outlot(s) to the Homeowners Association.
(Department of Planning Services)
G. 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
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Tom Holton
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 6`"of September,� 2005.
/
cyLi
Voneen Macklin
Secretary
7- (c - ZOOS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 6, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called
to order by Chair, Bruce Fitzgerald, at 1:30 p.m.
ROLL CALL
Michael Miller
Erich Ehrlich
Roy Spitzer
James Welch Absent
Bruce Fitzgerald
Chad Auer
Doug Ochsner Absent
Tom Holton
Also Present: Kim Ogle,Sheri Lockman, Chris Gathman, Pam Smith,Don Carroll,Char Davis, Robert Jacobs
The summary of the last regular meeting of the Weld County Planning Commission held on,August 16,2005,
was approved as read.
The following items are on the Consent Agenda:
CASE: MF-1060
APPLICANT: Harkless (Faith Estates)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-2641; part of the SE4 of Section 13, T6N, R66W of
the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plat for nine (9) estate zoned residential lots.
LOCATION: West of and adjacent to CR 37; approximately 1/8 mile north of State
Hwy 392.
— CASE NUMBER: PZ-1093
APPLICANT: Terra Firma Ventures LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Change of Zone from Agriculture to PUD for nine (9) lots with Estate
Zone uses.
LOCATION: East of and adjacent to CR 15 and south of and adjacent to CR 86.
CASE NUMBER: USR-1517
APPLICANT: Petro-Canada Resources Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NW4 & Part SW4 of Section 18, T4N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development Facility including Oil and Gas Support Services
(Land Treatment Facility).
LOCATION: South of and adjacent to CR 46; 800 feet east of CR 49.
Michael Miller moved to approve the Consent Agenda. Chad Auer seconded. Motion carried.
The following items will be heard:
EXHIBIT
CASE NUMBER: USR-1520
'rn,eO93
APPLICANT: Mike Johnson a
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