HomeMy WebLinkAbout20041669.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by ,that the following resolution be introduced for passage by the Weld County Planning Commission.
Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-1032
APPLICANT: UIV Land LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Amended Lot B of AmRE-3340;part NW4 Section 20 and part SW4 Section
17, T5N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural) to PUD with Estate uses for nine (9)
residential lots, two (2) lots with Agricultural Zone Uses along with 13.63
acres of Common Open Space (Stillwater Acres PUD).
LOCATION: East of and adjacent to CR 15; 1/2 mile north of CR 54
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 this Code. The proposed site is not influenced by an Inter-
Governmental Agreement. The proposal is consistent with the aforementioned documents
as follows:
1) Section 22-2-60.A,A.Goal 1 --"Conserve agricultural land for agricultural purposes
which foster the economic health and continuance of agriculture.." Chapter 22,
Section 22-2-60.1.1, A.Goal 9 indicates that eighty (80) acres is considered the
minimum lot size for a viable farming operation. The subject parcel is 148.11 acres
net in size and is classified as "prime" and "prime if irrigated" farmland on the
Important Farmlands of Weld County map. Historically the subject parcel has not
been utilized for crop production. Given the lack of viable soils, lack of irrigation
water,the wetland swale through the middle of the site, and shape of the parcel,the
parcel is not economically viable for agricultural production. Therefore, prime
farmland will not be removed from production.
2) Section 22-2-60.D, A.Goal 4 -- "Conversion of agricultural land to residential,
commercial and industrial development will be discouraged when the subject site is
located outside of a municipality's comprehensive plan area,urban growth boundary
area, or 1-25 Mixed Use Development area and urban development nodes." The
application proposes non-urban scale development as defined by Section 27-2-140
of the Weld County Code. Section 27-2-140 defines non-urban scale development
as"...developments comprising of nine(9)or fewer residential lots, located in a non-
urban area as defined in Chapter 22 of this Code, not adjacent to other PUDs,
subdivisions, municipal boundaries or urban growth corridors." This proposal
includes public water and consists of nine(9)PUD Estate zoned residential lots,two
non-buildable agricultural lots(Lot 8 A and Lot 9 A)and 13.63 acres of open space.
The proposed minimum lot size is 5.2 acres with an overall density of 16.4 acres per
septic system.
3) Section 22-2-60.C.,A.Goal 3-- "Provide a mechanism for the division of land which
is agriculturally zoned. The intent of this goal should be to maintain and enhance the
highest level of agricultural productivity in Weld County." The proposed level o m
development is non-urban as defined in Section 27-2-140. The addition of nine (9) 6
PUD Estate zoned residential lots will have minimal impact on the local servic j.
providers. ecji
2004-1669
Resolution PZ-1032
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Page 2
4) Section 22-2-110.O., UGB.Goal 3 — "The County and municipalities should
coordinate land use planning in urban growth boundary areas, including
development policies and standards,zoning,street and highway construction,open
space, public infrastructure and other matters affecting orderly development." This
proposal is located inside of the City of Greeley Long Range Expected Growth Area,
yet outside of the City of Greeley's Urban Growth Area The Town of Johnstown and
Larimer County have indicated that they find no conflict with their interests.
5) Section 22-2-190.B.3, R.Policy 2.3 -- "New residential development should
demonstrate compatibility with existing surrounding land use in terms of general use,
building height, scale, density, traffic, dust and noise." The proposed subdivision
takes into consideration the surrounding properties, as well as the site advantages.
The site is designed with a perimeter buffer around all lots separating the residential
lots from CR 15 and the Greeley and Loveland Canal. The Department of Planning
Services will require Weld County's Right to Farm statement as stated in Appendix
22-E of the Weld County Code to be placed on the plat. Additionally, the applicant
shall place the oil and gas drill envelopes on all plats.
6) Section 22-2-210.D.2,PUD.Policy 4.2—"A planned unit development which includes
a residential use should provide common open space free of buildings, streets,
driveways or parking areas. The common open space should be designed and
located to be easily accessible to all the residents of the project and usable for open
space and recreation...." This proposal includes approximately thirty-three percent
open space . Further, the landscape treatment will focus on the retention of the
established native plant species,the wetland swale and the agricultural parcels that
may be farmed. Every effort is made to retain the native grasses and drought
tolerant vegetation in an effort to conserve available water.
7) Section 22-3-50.B., 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 with Little Thompson Water District for
potable and fire protection requirements. I.S.D.S., septic 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 this Code, with one exception, the minimum residential structure size is 2000 SF and
maximum residential structure size is 4800 SF. Aside from this modification to the bulk
standards,the applicant has met the twenty performance standards as delineated in Section
27-2-10 regarding access, buffering and screening, bulk requirements,circulation,etcetera.
The Conditions of Approval and Development Standards ensure compliance with Sections
27-2-20 through 27-2-210 of the Weld County Code.
C. Section 27-6-120.6.c-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 this Code or master plans of
affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The City of
Greeley stated that the proposal is inside of the City of Greeley Long Range Expected
Growth Area, yet outside of the City of Greeley's Urban Growth Area as stated in a letter
dated February 20,2004. The City recommended denial of the proposal as the Planned Unit
Development as it does not comply with the City's 2020 Comprehensive Plan.The Town of
Johnstown and Larimer County both indicated that they find no conflict with their interests.
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 of this Code.
Resolution PZ-1032
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Page 3
Little Thompson Water District has indicated their ability and willingness to service this
application. The Office of the State Engineer, in their letter dated February 23, 2004 stated
The Little Thompson Water District will provide water for the residential lots. The district has
agreed to serve the proposed site and a copy of an approved "Agreement for Water Main
Extension" has been submitted. Sewage disposal will be served by Individual Sewage
Disposal Systems (I.S.D.S.). B ased on a geotechnical reportfrom Northern Colorado
Geotech, dated September 13, 2002, and submitted with the sketch plan application
indicates that most, if not all lots will be suitable for conventional septic systems.
Percolation rates were found to be in the fair range and shallow groundwater was found in
boring #2 at 6.8 feet. The property contains 2 larger ditches, small runoff ditches and a
marshy pond area in the open space. There should be no problem locating septic systems
on the lots that meet all setback requirements because of the size of each lot and therefore
the Department of Public Health and Environment will not require primary and secondary
envelopes to be located on each lot.
The site is within the 1 mile buffer area for the 2004 West Nile Virus abatement area.
Because of the marshy pond area (per the drainage report the pond is described as
permanent; a discharge pipe is above the bottom of the pond) the Department of Public
Health and Environment recommends the development consider a mosquito abatement plan
should it become necessary in the future.
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 Department of Public Works has reviewed the proposal and has determined that the
internal roadway exceeds the County's maximum block length of 1,500-feet permitted by
Section 24-7-40-E.The applicant has addressed the excessive length of the internal roadway
with two additional turn arounds and an emergency access proposed along The Farmers
Irrigation Ditch. Department of Public Works finds no design geometry conflicts.
Further, County Road 15 is classified by the County as an Arterial road and requires a 110-
foot right-of-way.The applicant shall verify 55-feet of right-of-way and the documents creating
the right-of-way shall be noted on the change of zone plat. A 30-foot right-of-way exists on
the applicant's side of the section line. An additional 25-foot right-of-way must be dedicated
on the change of zone plat to complete the 55-foot right-of-way required for CR 15 on the
applicant's side of the section line. The ancillary right-of-way reservation does not appear
to influence the development in a detrimental manner.
County Road 56 right-of-way passes through this development along a section line, but the
roadway does not exist. County Road 56 is classified by the County as a local road and
requires a 60-foot right-of-way.The applicant has proposed to vacate right-of-way within the
development. Public Works is in agreement with this proposed vacation.
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.
Development Standards and Conditions of Approval ensure compliance with Chapter 24,
Article VII, and Sections 24-9-10 and 24-9-20 of the Weld County Code.
The Weld County Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld
County Code for improvements to Stillwater Acres Drive and all on-site improvements.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 regarding overlay districts, commercial mineral deposits, and soil
conditions on the subject site.
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The Colorado Geological Survey, in their referral letter dated February 21, 2004, identified
a concern with subsurface groundwater. Below-grade construction should include foundation
drains that discharge by gravity,to prevent the build-up of subsurface water near foundation
components and potential seepage into crawlspaces and basements. The standard three
(3)foot separation ground floor and groundwater is a prudent practice.
The Weld County Department of Public Works stated that the submitted drainage plan,dated
October 2003, by Pickett Engineering, Inc. is acceptable. The report, although acceptable,
will require the resolving of some minor issues and the submission of additional
documentation as outlined in the memorandum dated February 25, 2004.
In the referral response dated March 8, 2004, the Department of Building Inspection is
requiring engineered foundations for each structure.
The applicant does not have an agreement with the mineral interests associated with this
property, however, the applicant has delineated drilling envelopes per State Stature on all
sheets associated with this application. Based on the drilling envelope locations,the building
envelopes are outside of the two hundred foot radius for oil and gas setbacks.
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.
The applicant is requesting that the Final Plan be administratively reviewed. The Department
of Planning Services' staff concurs with this request.
This Approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from(A)Agricultural uses to PUD with Estate uses for nine(9)residential Lots,
two (2) Lots with Agricultural Zone uses is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
The applicant shall submitted written evidence to the Department of Planning Services from the US
Fish and Wildlife Service regarding the determination of the presence or absence of all federally listed
or endangered species,i.e.,the Preble's meadow jumping mouse,the Ute Ladies'-tresses orchid and
the Colorado butterfly plant. Should it be determined that a study should be undertaken, written
evidence so stating shall be submitted to this office. (Department of Planning Services)
2. 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. (Department of
Planning Services)
3. Prior to recording the Change of Zone plat:
A. Amended Recorded Exemption 3310, (AmRE-3310), shall be submitted to the Department
of Planning Services for recording and the applicant shall submit the appropriate fees to
cover this action.
B. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PZ-1032. (Department of Planning Services)
2) The Change of Zone plat sheets shall be renumbered in successive order with sheet
total given. (Department of Planning Services)
3) The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld
County Code. (Department of Planning Services)
Resolution PZ-1032
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4) The cul-de-sac edge of pavement radius must b e shown as 50-feet minimum.
(Department of Public Works)
5) "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat. (Department of Public Health and
Environment)
6) The Drill Envelopes for future oil and gas drilling shall be delineated on all sheets of
this Change of Zone application. (Department of Public Works)
C. The applicant shall submit a proposed estimate for time of construction of the PUD.
(Department of Planning Services)
D. The applicant shall address the requirements of the Johnstown Fire Protection District as
stated in their Sketch Plan comments referral dated February 19,2003. The applicant shall
supply the Department of Planning Services with written acceptance from the Johnstown Fire
Protection District. (Johnstown Fire Protection District)
E. The applicant shall provide written evidence of acceptance of the Change of Zone plat and
the notes to be placed on the Change of Zone plat from the Reorganized Farmers Ditch
Company c/o Randolph W. Staff, P.C., Attorney. (Department of Planning Services)
F. 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:
1) The site specific development plan is for a Change of Zone from A(Agricultural)to
PUD with Estate uses for nine(9)residential Lots,two(2)Lots with Agricultural Zone
Uses, (Lots 8 A and 9 A), except for the minimum square footage for residential
structures, as indicated in the application materials on file in the Department of
Planning Services and subject and governed by the Conditions of Approval stated
hereon and all applicable Weld County Regulations. Noncompliance with any of the
foregoing Conditions of Approval may be reason for revocation of the Permit by the
Board of County Commissioners.
2) Approval of this plan may create a vested property right pursuant to Article VIII,
Section 23-8-50 of the Weld County Code. (Department of Planning Services)
3) Water service shall be obtained from the Little Thompson Water District.
(Department of Public Health and Environment)
4) 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)
5) If required,the applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and the
Environment. Silt fences shall be maintained on the down gradient portion of the site
during all parts of the construction phase of the project. (Department of Public
Health and Environment)
6) 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)
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7) 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)
8) 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)
9) The Reorganized Farmers Ditch Company and the Greeley& Loveland Canal has
the authority to cut and remove trees within the right-of-way for the Reorganized
Farmers Ditch Company, and will at an appropriate time, remove any and all such
trees. (Reorganized Farmers Ditch Company)
10) No Fence shall be placed within the right-of-way, and particularly across the ditch
right-of-way. Any approved fences along the ditch easement must be fireproof and
stock-proof to prevent damage by cleaning of the ditch by burning and by humans,
livestock, and other sources to the ditch. (Reorganized Farmers Ditch Company)
11) The Reorganized Farmers Ditch Company and the Greeley& Loveland Canal has
no plans to alter its operation to correct the issue of subsurface waters that arise due
to water flowing within the ditch system. (Reorganized Farmers Ditch Company)
12) Property owners will be required to maintain the existing irrigation and drainage
patterns to maintain the quality of the water in the ditch. (Reorganized Farmers Ditch
Company)
13) Property owners shall acknowledge that no livestock watering, swimming, tubing,
canoeing or other use of the ditch is allowed. (Reorganized Farmers Ditch
Company)
14) Property owners shall acknowledge that no dumping of refuse, including but not
limited to household garbage, waste materials, grass clippings, tree and shrub
prunings, motor oil, chemicals, pesticides, or herbicides into the is allowed.
(Reorganized Farmers Ditch Company)
15) Property owners shall acknowledge that no pumps for lawn or other irrigation is
allowed from the ditch. (Reorganized Farmers Ditch Company)
16) Property owners shall acknowledge that no use of the ditch easement for hiking,
biking,horseback,motorcycle,off road vehicles or other motorized or non-motorized
vehicle shall be allowed. (Reorganized Farmers Ditch Company)
17) 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)
18) Potential Purchasers are hereby notified that a confined animal feeding operation for
2850 head is located directly west southwest of the intersection of County Roads 15
and 56. Off-site impacts that may be encountered include noise from trucks,
tractors and equipment;dust from animal pens and odors from animal confinement,
silage, and manure. (Department of Planning Services)
19) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
Resolution PZ-1032
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Page 7
20) All signs including entrance signs shall require building permits. Signs shall adhere
to Section 23-4-80 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services and Building
Inspection)
21) No development activity shall commence on the property, nor shall any building
permits be issued on the property until the final plan as been approved and recorded.
(Department of Planning Services)
22) A separate building permit shall be obtained prior to the construction of any building.
Structures such as bus stop shelters and entrance gates,if provided,require building
permits. (Department of Building Inspection)
23) A plan review is required for each building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit.
24) Buildings shall conform to the requirements of the various codes adopted at the time
of permit application. Currently, the following has been adopted by Weld County.
2003 International Residential Code; 2003 International Mechanical Code; 2003
International Plumbing Code; 2002 National Electric Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
25) Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed be a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Building Inspection)
26) Building h eight, setbacks and offset distance shall be determined by the Weld
County Code. Separation of buildings of mixed occupancy classifications shall be
in accordance with Section R309.2 of the International Residential Code.
(Department of Building Inspection)
27) Building height shall be measured in accordance with the 2003 International
Residential 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. When measuring
buildings to determine offset and setback requirements, buildings are measured to
the farthest projection from the building. Property lines shall be clearly identified. All
property pins shall be staked prior to the first site inspection. Approved building and
foundation plans shall be on the site and available to inspectors for each inspection.
(Department of Building Inspection)
28) All buildings or structures shall maintain distances from the property I ines and
adjacent structures as outlined in Section 29-3-160 of the Weld County Code.
(Department of Building Inspection)
29) Complete drawings shall be submitted for review by the Johnstown Fire Protection
District. (Department of Building Inspection)
30) At the time an application is accepted for a building permit, a plan review will be
done. A complete review of the building or structure by the Weld County Building
Inspection Department or the Johnstown Fire Protection District may reveal other
building issues or areas needing attention. (Department of Building Inspection)
Resolution PZ-1032
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Page 8
31) Lot 4 and Lot 5 may not meet all applicable setbacks for Oil and Gas exploration.
Should this be the case, two standards will apply: 1) Should the residence be
constructed prior to the well being drilled,the well location will conform to the Oil and
Gas Commission setbacks;2) Should the well be drilled prior to the construction of
the residence and the residence not meet setbacks, the property owner will be
required to apply for a variance to the oil and gas setbacks through the Board of
Adjustment. (Department of Planning Services)
32) The property owner shall be responsible for complying with the Performance
Standards of C hapter 2 7, Article I I and Article V Ill, o f the Weld County C ode.
(Department of Planning Services)
33) Personnel from 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 a II applicable Weld
County Regulations.
34) The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within two (2) years of the date of the approval of the
PUD Zone District,the Board of County Commissioners shall require the landowner
to appear before it and present evidence substantiating that the PUD project has not
been abandoned and that the applicant possesses the willingness and ability to
continue with the submission of the PUD Final Plan. The Board may extend the date
for the submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board
determines that conditions or statements made supporting the original approval of
the PUD Zone District have changed or that the landowner cannot implement the
PUD Final Plan, the Board of County Commissioners may, at a public hearing
revoke the PUD Zone District and order the recorded PUD Zone District reverted to
the original Zone District. (Department of Planning Services)
35) The PUD Final Plan shall comply with all regulations and requirements of Section 27
of the Weld County Code. (Department of Planning Services)
36) The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and the Environment, Building
Inspection and Planning Services, and adopted Weld County Code and Policies.
(Department of Planning Services)
4. At the time of Final Plan submission:
A. The applicant shall provide a pavement design prepared by a professional engineer.
(Department of Public Works)
B. Roadway and grading plans along with construction details will be required. (Department of
Public Works)
C. Easements shall be shown on the final plat in accordance with County standards and /or
Utility Board recommendations. (Department of Public Works)
D. The final drainage report should include a comparison of the existing and developed storm
conditions in the write-up, and thereby denying or confirming detention requirements. This
may be covered best in a conclusions/results paragraph and would be greatly appreciated.
(Department of Public Works)
Resolution PZ-1032
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Page 9
E. 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)
F. 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)
G. Final drainage construction plans,conforming to the drainage report,shall be submitted with
the final plat application. (Department of Public Works)
H. The applicant shall submit 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. (Department of Planning Services)
The applicant shall submit evidence to the Department of Planning Services that approval
was received from the Department of Public Works of an Improvements Agreement
Regarding Collateral for the Transportation portion of the PUD. (Departments of Public
Works, Planning Services)
J. Service Provision Impacts for ambulance shall be addressed as required by Section 27-6-
50.B.4 of the Weld County Code. (Department of Planning Services)
K. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 (PUD)
of the Weld County Code. (Department of Planning Services)
L. The applicant shall contact the Johnstown-Milliken School District, Re-5J, to finalize a bus
pick-up and drop-off location, including the bus shelter location. (Department of Planning
Services)
M. The applicant shall contact the postal authority for this area to finalize the location of the
mailbox pedestal location. (Department of Planning Services)
N. The applicant shall submit a time frame for construction in accordance to Section 27-2-200
of the Weld County Code. (Department of Planning Services)
O. The applicant shall submit evidence to the Weld County Department of Planning Services
with the final plan application that all proposed street names and lot addresses have been
submitted to the Johnstown Fire Protection District , the Weld County Sheriff's Office, the
Weld County Ambulance Services Department and the Post Office for review and approval.
The final plat shall indicate an approved street name. (Department of Planning Services)
P. The applicant shall submit a set of sign standards as required by Section 27-6-90.E.1.of the
Weld County Code for review and approval. (Department of Planning Services, Sheriffs
Office)
Q. Easements shall be shown on the final plat in accordance with County standards
(Sec.24-7-60) and Utility Board recommendations. (Departments of Planning Services and
Public Works)
R. The applicant shall submit 3 copies of the Bylaws and Articles of Incorporation for the
Homeowners Association for review and approval. (Department of Planning Services)
Resolution PZ-1032
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Page 10
S. The applicant shall submit written evidence to the Department of Planning Services outlining
the steps taken to address the concerns and requirements of the Colorado Division of
Wildlife as stated in their referral received March 19, 2004. (Department of Planning
Services)
T. Should the applicant not have an agreement with the mineral interests associated with this
property, the applicant shall delineate all applicable drilling envelopes per State Stature on
all sheets associated with this application. (Department of Planning Services)
U. 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)
4. Prior to the release of any building permits:
A. Stop signs and street name signs will be required at all intersections. (Department of Public
Works)
Motion seconded by Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
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 April 6, 2004.
Dated the 6th of April, 2004.
C CQ-C \ • cL
Voneen Macklin
Secretary
Bryant Gimlin asked what the intent is with the apartment once the residence is built. Mr. Borrego stated he
intends on turning it into an office.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Don Carroll, Public Works, asked about the access to the site because the existing access is in the plowed
field. Mr. Carroll suggested creating a shared access with the proposed USR-1454. Public Works would like
clarification on what will be utilized. Mr. Hallburg indicated that presently they were going to construct the
access within the 30 foot strip of land that is part of the property. The applicant would be willing to discuss
a shared access option with the adjoining property owner. Mr. Miller asked if the road access to the property
would be an extension of the oil and gas road that is already present? Mr. Hallburg indicated it would. Mr.
Carroll suggested sharing the access points adverse to having two roads close together. Mr.Hallburg clarified
that there would be a shared access with the oil and gas company.
Michelle Katyryniuk clarified that the same access that the oil and gas company uses is the same access Mr.
Arrington uses. Mr.Carroll indicated there was two separate accesses but they are on the Rainbow property.
Mr.Borrego stated he has 30 feet on the east side of the Rainbow access. He was intending to build a culvert
for his road access. Mr. Carroll prefers one access point that will split into two roads.
Bryant Gimlin asked for clarification on the configuration of the property. Mr. Hallburg indicated the original
RE would need to be referred to in order to get a clear understanding of how the property was created.
Don Carroll suggested adding"and access"to Condition 2F to address the access concerns for Public Works.
Bryant Gimlin moved to accept the proposed language from Public Works. Bruce Fitzgerald seconded.
Motion carried.
.r-
Stephen Mokray moved that Case USR-1464,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Doug Ochsner, yes; Bruce
Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: PZ-1032
APPLICANT: UIV Land LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Amended Lot B of AmRE-3340;part NW4 Section 20 and part SW4 Section
17,T5N,R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for nine(9)
residential lots, two (2) lots with Agricultural Zone Uses along with 13.63
acres of Common Open Space (Stillwater Acres PUD).
LOCATION: East of and adjacent to CR 15; 1/2 mile north of CR 54.
Kim Ogle, Department of Planning Services presented Case PZ-1032, 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. Mr. Ogle stated there were two
amendments to staff comments as follows:
1. Modification to the Change of Zone Comments, under the heading
At the time of Final Plan submission, Item 4.R is a repeat of item 4.H, staff moves to strike item 4.R
and renumber.
2. Addition to Staff Comment, Section 3, Prior to Recording the Change of Zone plat, Item 3.F shout.
state"The applicant provide written evidence of acceptance of the Change of Zone plat and the note• I '
to be placed on the Change of Zone plat from the Reorganized Farmers Ditch Company c/o Randolp .
W. Starr, P.C., Attorney", and renumber.
John Folsom asked if this was in a flood plain. Mr. Ogle stated there are no flood plain issues on site.
Clayton Harrison, representative for the applicant, provided additional comment on the application. Mr.
Harrison stated that the concerns raised by the Colorado Division of Wildlife referral specific to the threatened
and endangered species have been addressed via an on-site inventory performed by a field biologist. The
report will be submitted to the US Fish and Wildlife Service for review, comment and action as warranted.
Pam Smith, Department of Environmental Health, stated that the perk rates on site indicate septic system
replacement envelopes will not be required as the lots are large enough to accommodate a second envelope
location.
Don Carroll, Public Works stated that he had no comment at this time.
Michael Miller asked Mr. Ogle about the future development potential for the agriculture outlots. Mr. Ogle
stated the agricultural outlots are viable lots for future development, however,for development to occur,the
PUD application process would be required and the urban development standards would be employed. Mr.
Morrison stated the statement was accurate by staff with one caveat. Mr. Morrison indicated that the area
could change over time and development could determine the use of the outlots. Mr. Morrison also stated
that the HOA covenants may also address the possible ownership of the lot for development. Discussion
continued on the possible conflict of utilizing the outlots as open space meeting the fifteen percent requirement
versus utilizing the agricultural outlots as a future development parcel. •
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bruce Fitzgerald moved to accept the recommended changes from staff. Bryant Gimlin seconded. Motion
%^ carried.
Kim Ogle added that Condition 3.D should be deleted. This is something that is addressed in the final plat
step of the application.
Bruce Fitzgerald moved to delete 3.D. Stephen Mokray seconded. Motion carried.
Don Carroll, Public Works, referred to the applicants request about vacating the right of way on CR 56. Mr.
Morrison stated that this is a separate statutory vacation request that needs to be done in order to vacate that
portion of the right of way, unless it is part of a subdivision. Mr. Morrison continued, if the Board of County
Commissioners approves the Change of Zone then the vacation of existing right of way will be simple, and
a separate petition will need to be filed. Mr.Morrison speculated that there may be time to file the petition and
have everything heard at the same time.
Mr. Ogle stated that Condition 4.J addresses this issue of right of way, and inquired of Mr. Morrison should
this be deleted as the vacation petition would address this issue. Mr. Morrison stated that it is presumed that
the applicant would like to ask for an administrative review of the Final Plat as the Change of Zone is a site
specific application. The suggestion is to not wait until final plan. The Board of County Commissioners should
have the opportunity to hear both the case and the vacation request at the same time. The Board of County
Commissioners decision is effective when the Change of Zone plat is recorded.
Bruce Fitzgerald moved to delete Condition 4.J. Stephen Mokray seconded. Motion carried.
John Folsom asked Mr. Ogle about Condition 3.G and those conditions referencing only the Reorganized
Farmers Ditch Company. Mr. Folsom inquired about adding the Greeley & Loveland Canal to the existing
requirements stipulated by the Reorganized Farmers Ditch Company. Mr. Gimlin indicated there is an
agreement with the Farmers Ditch. Mr. Ogle stated that the ditch company was the one who requested the
notes be placed on the plat, Whereas the Greeley & Loveland Canal had no objections or additional
requirements for the proposed application. Mr. Ogle stated that due to the unique nature of the request by
the Reorganized Farmers Ditch Company staff has asked for a signoff from the company to make sure the
notes placed on the Change of Zone plat are acceptable. Mr. Miller stated that in his opinion,it would be wise
to make those conditions applicable to both ditches located on site.
Mr. Ogle suggested that Notes on the Plat numbers 9-16 specifically call out the Greeley& Loveland Ditch
Company along with the Reorganized Farmers Ditch Company, as warranted or required.
John Folsom moved to include in Conditions 9-16 the reference to Greeley&Loveland Ditch Company. Bruce
Fitzgerald seconded. Motion carried.
Clayton Harrison asked for clarification with regard to the right of way. Mr. Miller stated that information will
be provided to the applicant by Don Carroll of Public Works. Mr. Miller indicated that this document should
be submitted to the Board of County Commissioners along with the Change of Zone thereby providing the
Board of County Commissioners the opportunity to review both concurrently.
Stephen Mokray moved that Case PZ-1032,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Doug Ochsner, yes; Bruce
Fitzgerald, yes. Motion carried unanimously.
Meeting adjourned at 4:00pm
Respectfully submitted ( K l 1
\ OUS �a
Voneen Macklin
Secretary
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