HomeMy WebLinkAbout20051937.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, 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-1025
APPLICANT: Robert Parson
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-3358; Pt NW4 of Section 10,T7N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: Minor Subdivision Change of Zone from A(Agriculture)to E(Estate). Peace
Haven Estates.
LOCATION: East of and adjacent to CR 19 and south of and adjacent to CR 84.
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.D. (A.Goal 4.) -- Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region. This goal is intended to address conversion of agricultural land to nonurban uses.
Once converted, this land is less conducive to agricultural production. The proposal is for an
eight (8) lot non-urban scale subdivision. Conditions of Approval ensure the site will be
compatible with surrounding properties.
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 Intergovernmental
Agreement Area for any municipality. The site is within the three mile referral area for the
Town of Severance. In a referral response dated May 16, 2005 the Town of Severance
indicated no conflicts with their interests. 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 preliminary Water Service Agreement in place with North Weld County Water District. The
agreement has been approved by the Weld County Attorney's Office and will be required to
be finalized prior to recording the final plat.
The Weld County Department of Public Health and Environment has reviewed this proposal
and has indicated that 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).
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 Road 84
and County Road 19 are classified by the County as local roads. These roads require a
minimum 60-foot right-of-way. The rights-of-way shall be verified and shown on the change
of zone plat. If the right-of-way cannot be documented,it shall be dedicated on the final plat.
This development will introduce approximately 77 additional vehicle trips per day to the
roadway system. The applicant will be required to enter into an agreement with the County
to proportionately share the cost of improving County Road 84 and County Road 19.
E. Section 23-2-30.A.5. states"That, in those instances where the following characteristics ar !t
applicable to the rezoning request, the applicant has demonstrated compliance with the N
applicable standards:" `*
1) The proposed change of zone does not lie within any overlay district identified by the M
maps officially adopted by Weld County.
2005-1937 aI
Resolution MZ-1025
Robert Parsons
Page 2
2) The applicant has indicated that they have retained all mineral rights on the property
and no leases exist.Further,the Geologic Evaluation,prepared by Earth Engineering
Consultants, dated July 30, 2002 submitted with the Sketch plan indicated that no
economically recoverable mineral resources at defined in H.B. 1041 were identified
on the site.
3) At the sketch plan phase, the Colorado Geological Survey made suggestions for
construction on site. Further,the Weld County Department of Building Inspection is
requiring a site-specific geotechnical report or an open hole inspection performed by
a Colorado registered engineer for each building.
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) to E (Estate) Zone for eight (8) lots is conditional upon the
following:
1. Prior to recording the Change of Zone Plat:
A. County Road 84 and County Road 19 are classified by the County as local roads. These
roads require a minimum 60-foot right-of-way.The rights-of-way shall be verified and shown
on the change of zone plat. If the right-of-way cannot be documented, they shall be
dedicated on the final plat. (Department of Public Works)
B. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1025. (Department of Planning Services)
2) In accordance with Section 23-2-50 of the Weld County Code, all information not
required shall be removed from the plat. (Department of Planning Services)
C. The Change of Zone is conditional upon the following and each shall be placed on the
Change of Zone plat as notes:
1) 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 eight (8) residential lots. (Department of Planning
Services)
2) Water service shall be obtained from the North Weld County Water District.
(Department of Public Health and Environment)
3) 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)
4) 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.cdohe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
5) 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-1025
Robert Parsons
Page 3
6) 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)
7) 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)
8) Weld County's Right to Farm,as stated on this plat,shall be recognized at all times.
(Department of Planning Services)
9) The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works,Public Health and Environment,and Planning
Services. (Department of Planning Services)
10) Weld County Government 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)
11) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
12) 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)
13) 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)
14) 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)
15) The internal roadway right-of-way shall be 60-feet in width including cul-do-sacs with
a 65-foot radius,and dedicated to the public.The cul-de-sac edge of roadway radius
shall be 50-feet. (Department of Public Works)
16) 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 and any future entry way and or gates. (Building Inspection)
17) 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)
18) 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 Residential 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)
Resolution MZ-1025
Robert Parsons
Page 4
19) 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)
20) 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)
21) 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)
22) All landscaping within the sight distance triangles must be less than 3'%feet in height
at maturity. (Department of Public Works)
23) The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways within subdivisions which are not adopted by the county.(Sheriffs Office)
D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the paper copies the
applicant shall submit a Mylar plat and 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).The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services'Staff.The Mylar plat and additional
requirements shall be submitted within thirty(30)days from the date of the Board of County
Commissioners approval. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
2. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence from School
District RE-4 which indicates that all district requirements have been met. (Department of
Planning Services)
B. Prior to recording the final plat, the applicant shall submit a finalized Water Service
Agreement with North Weld County Water District. (Department of Planning Services and
Division of Water Resources)
C. The applicant shall submit the signed Agreement For Improvements for CR 19 and CR 84
Road Stabilization for Dust Control (off-site)with the final plan application. (Department of
Public Works)
D. The Board of County Commissioners shall approve the off-site improvements agreement
prior to recording the final plat. (Department of Public Works)
E. The applicant has indicated that a development sign shall be placed at the entrance to the
subdivision. The final plan application shall include a sign plan for review. The plat shall
indicate the location of the proposed sign. (Department of Planning Services)
F. The Change of Zone plat includes an entryway detail.The detail shall be amended to include
a bus pick-up and drop-off location along with a mailbox location.The applicant shall submit
evidence that School District RE-4 and the Postal Service have approved the location of
Resolution MZ-1025
Robert Parsons
Page 5
these structures. Any requested changes shall be submitted with the Final Plan application
for review and approval. (Department of Planning Services)
G. The applicant shall submit an Improvement Agreement According to Policy Regarding
Collateral for Improvements (on-site)to the Minor Subdivision for acceptance by the Board
of County Commissioners prior to recording the final plat. (Departments of Public Works and
Planning Services)
H. Prior to recording the plat, the applicant shall submit a deed transferring ownership of all
mineral interests to the Peace Haven Estates Home Owners Association. (Department of
Planning Service)
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)
J. The applicant shall submit covenants for Peace Haven Estates. The covenants shall be
approved by the Weld County Attorney's Office prior to recording the final plat.As requested
by the Poudre Fire Authority, covenants shall include language which requires address
numerals to be plainly visible and legible from the street or road fronting the property.
(Department of Planning Services)
K. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service. Final Plan applications shall include copies of the preliminary addresses to
be reviewed by the Fire District and Sheriff's Office. (Department of Planning Services)
L. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
M. County Road 84 and County Road 19 are classified by the County as a local roads and
require a 60-foot right-of-way. If the rights-of-way cannot be verified, they will be dedicated
on the final plat. (Department of Public Works)
N. Stop signs and street name sign locations must be shown on the final roadway construction
plans. (Department of Public Works)
O. 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 noted
on the final roadway plans. (Department of Public Works)
P. 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 application).
Construction details must be included. (Department of Public Works)
Q. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Planning Services)
R. 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.
(Department of Public Works)
S. 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
Resolution MZ-1025
Robert Parsons
Page 6
T. The applicant shall prepare a construction detail for typical lot grading with respect to
drainage for the final 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)
U. Final drainage construction and erosion control plans (conforming to the drainage report)
stamped,signed and dated bya professional engineer licensed in the State of Colorado shall
be submitted with the final plan application. (Department of Public Works)
V. The applicant shall submit written evidence that the Water Supply and Storage Company has
reviewed the construction details for the site. The final plan shall also indicate how the
concerns of the Company have been addressed. (Water Supply and Storage Company and
Department of Planning Services)
W. The applicant shall include information in the final plan application indicating how the
concerns/requirements of the Poudre Fire Authority have been addressed. (Department of
Planning Services)
X. 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 James Rohn
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
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 June 7, 2005.
Dated the 7th of June, 2005.a
Voneen Macklin
Secretary
C� - 7 -.2Ob5
Fitzgerald, yes. Motion failed.
James Rohn moved to amend Development Standard#8 to state that"the applicant shall pave the entrance
from the edge of Hwy 392 50' north towards the entrance of the property." James Welch seconded. Motion
carried.
John Folsom asked for clarification with regards to a letter indicating the property being in the Law Ditch flood
way but this is not indicated on the flood map. Ms. Hatch stated Windsor has done a study and had
determined the site is almost entirely in the flood way. The Town of Windsor engineering has hired a
consultant who has applied for a conditional map amendment through FEMA but this has not been approved
yet.
James Rohn moved that Case USR-1497, 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, no; James Rohn, yes; Chad Auer, yes; Tom Holton, yes;
Bruce Fitzgerald, yes. Motion carried.
Bruce Fitzgerald commented he still believes Planning Commission is handing Windsor a problem due to the
lack of an IGA with them.
James Rohn commented he believes this would be better in the Town of Windsor and would like the applicant
to work towards that agreement.
Michael Miller commented that he believes Planning Commission has failed to meet their duties in planning
appropriately for the transition zone into the Town of Windsor. It was within the Planning Commission ability to
come up with a compromise plan that would have met the standards of Windsor and been reasonable to the
application. When a business begins they must recognize there are associated costs.
— CASE NUMBER: MZ-1025
APPLICANT: Robert Parson
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-3358; Pt NW4 of Section 10, T7N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Minor Subdivision Change of Zone from A(Agriculture)to E (Estate). Peace
Haven Estates.
LOCATION: East of and adjacent to CR 19 and south of and adjacent to CR 84.
Sheri Lockman, Department of Planning Services presented case MZ-1025 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 addressing being from CR 84. Ms.Lockman stated it will be reviewed by the
postal district and corrected prior to the final application.
Jeff Couch, representative for the applicant, indicated he has nothing to add to staff presentation but is
available for questions. This site has 8 lots which are surrounded by irrigation ditches. The entryway is
appreciated by all entities because of the design.
Michael Miller asked about the grading on lots 8-9. Mr. Couch stated that the irrigation ditch is located at the
end but the slopes are about 10%, not steep. 3 t k+
James Rohn asked rather there was water on site. Mr. Couch stated this was a historically dry parcel abov: f
the ditch so they will have to restrict livestock and be careful with native grasses. Mr. Rohn asked if there wa• O
any way water could be rented from North Weld Water district and used for the area. Mr. Couch stated it i
above the ditch so it is difficult to get the water to this area. It would require going through water court. 'i � . '.
John Folsom asked for clarification between the Water Supply& Storage and Larimer County Canal. Mr.
Couch stated they are the same entity. Mr.Couch added they have letters but no agreements since the ditch
company is asking to review the final documentation first.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Pam Smith, Weld County Health and Environment, added that the notes regarding septic envelopes can be
removed. Mr. Couch would like to have this removed. It would allow them more flexibility on the lots.
James Rohn moved to delete 1.C.4& 5. Bruce Fitzgerald seconded. Motion carried.
Bruce Fitzgerald moved that Case MZ-1025, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. James Rohn 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; James Rohn, yes; Chad Auer, yes; Tom Holton, yes,
Bruce Fitzgerald, yes. Motion carried unanimously.
James Rohn commented he still requests there be water available for irrigation purposes.
Meeting adjourned at 2:45
Respectfully submitted
r-�
Voneen Macklin
Secretary
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