HomeMy WebLinkAbout20042489.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, 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: MJF-1062
APPLICANT: JER, A Partnership
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot B Hill-n-Park Subdivision; pt of the SW4 Section 26, T5N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: Hill-n-Park Third Filing (Thirteen (13) Residential Lots in the R-5 Zone
District).
LOCATION: North of and adjacent to 49'"Street and East of and adjacent to Yellowstone
Drive.
be recommended favorably to the Board of County Commissioners for the following reasons:
THE PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE
FOLLOWING REASONS:
1. The submitted materials are in compliance with Section 24-4-40 of the Weld County Code as follows:
A. Section 24-4-40.E.6.A The Proposal is consistent with Chapter 22 of the Weld County Code,
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, and the Comprehensive Plan or
Master Plan of affected municipalities and intergovernmental agreements.
Section 22-2-190.A.R.Goal 1 states, "Ensure that adequate public services and facilities are
currently available or reasonably obtainable to serve the residential development." The City
of Evans has taken over the Hill-n-Park wastewater treatment plant. Municipal water and
sewage disposal is proposed to be provided by the City of Evans. The City has reviewed the
proposal and their requirements are addressed through the attached conditions of approval.
Section 22-2-190.A.R.Goal 3 states, "Urban residential uses will be encouraged with the
subject site is located inside an approved intergovernmental agreement area, urban growth
boundary area... The proposed development is within the City of Evans Urban growth
boundary. The City of Evans in their referral received 7/6/04 is requesting that the applicants
dedicate an additional ten (10)feet of right of way for 49`" Street.
B. Section 24-4-40.E.6.B That the proposed development is in compliance with Chapter 23 of
the Weld County Code, the zone district in which the proposed use is located and any
adopted intergovernmental agreements or master plans of affected municipaliteis.
According to Section 23-3-150.B.1,one mobile home, manufactured home or single family
dwelling per lot is a use by right in the R-5 (Mobile Home Residential) Zone District as long
as the lots are connected to public water and public sewer. According to the application the
lots will be connected to the City of Evans water and sewer.
C. Section 24-4-40.E.6.C Comments received from referral agencies have been addressed, if
applicable.
The Utility Coordinating Advisory Committee reviewed and conditionally approved the Hill-n-
Park Third Filing for Thirteen (13) Residential Lots in the R-5 Zone District at its July 8, 2004
meeting. The concerns of the Utility Coordinating Advisory Committee are addressed in the
Conditions of Approval. Concerns from other referral agencies are also addressed in the
Conditions of Approval. EXHIBIT
I LJ
Resolution MJF-1062
JER Partnership
Page 2
D. Section 24-4-40.E.6.D That definite provision has been made for a water supply that is
sufficient in terms of quantity, dependability and quality to provide water for the subdivision,
including fire protection.
The applicant has indicated that approximately 13 water and sewer taps are remaining and
available. The available water lines are adjacent to the property and no line extensions or
other up grades will be needed.
E. Section 24-4-40.E.6.E That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal are proposed, evidence
that such systems will comply with state and local laws and regulations which are in effect
at the time of submission of the subdivision.
Provision has been made for sanitary sewer through the City of Evans.
F. Section 24-4-40.E.6.F That streets within the subdivision are adequate in functional
classification,width,and structural capacity to meet the traffic requirements of the subdivision.
The streets within the major subdivision will be adequate in functional classification,width and
structural capacity to meet the traffic needs of the subdivision in accordance with the
requirements set forth in the Weld County Code. In accordance with Section 27-2-19 of the
Weld County Code, interior streets are required to be paved in a major subdivision. The
streets that surround the proposed development(Yellowstone Drive,Yosemite Drive and Hill-n-
Park Drive)are paved and maintained by the Weld County.
G. Section 24-4-40.E.6.G That off-site street or highway facilities providing access to the
subdivision are adequate in functional classification,width,and structural capacity to meet the
traffic requirements of the subdivision in accordance with the requirements set forth in Article
VII of this Chapter.
491h Street is under the jurisdication of the City of Evans. In their referral received 7/6/04 the
City of Evans is requesting an additional ten (10)feet of right of way be deeded to the city.
H. Section 24-4-40.E.6.H That facilities providing drainage and storm water management are
adequate.
The Weld County Public Works Department has approved the primary drainage report for
the proposal.
Section 24-4-40.E.6.l That the subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and police protection, hospital, solid
waste disposal and other services.
The City of Evans has committed to service the proposal with water and sewage disposal. The
Milliken Fire District in their referral dated 7/16/04 had no concerns with the proposed
development other then they wanted to be present when new fire hydrants are being installed.
The Weld County School District 6 in their refferal dated 6/15/04 expressed no concerns with
this proposed development. The Weld County Sheriffs Office in their refferal dated 6/15/04
had no concerns about the proposed development besides they want to review the name of
the streets and address within the development.
J. Section 24-4-40.E.6.J The subdivision will not cause air pollution violations based on
Colorado Department of Public Health and Environment Standards.
Resolution MJF-1062
JER Partnership
Page 3
The Weld County Department of Health and Environment reviewed the proposal and does not
have air pollution concerns.
K. Section 24-4-40.E.6.K The subdivision conforms to the subdivision design standards of
Article VII.
The Weld County Department of Public Works and Department of Planning Services have
reviewed the proposal and have determined that it is in conformance with Article VII of the
Weld County Code.
L. Section 24-4-40.E.6.L The subdivision will not have an undue adverse effect on wildlife and
its habitat, the preservation of agricultural land, and historic sites.
The proposed development is located on 3.5 acres which is too small to be a viable farming
operation in accordance with Section 22-2-60.1 of the Weld County Code. In the Division of
Wildlife's referral dated 6/17/04 they had reviewed the request and found no conflicts with their
interest.
This recommendation is based, in part, upon a review of the application materials submitted by the applicants,
other relevant information regarding the request and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to Recording the Major Subdivision Final Plat:
A. The Final plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled MJF-1062. (Department of Planning Services)
2. Applicant shall address all issues indicated in the Weld County Department of Public
Works referral dated 6/21/04. Evidence of the Department of Public Works approval
shall be submitted to the Department of Planning Services. (Department of Public
Works)
3. The applicant shall reference the Weld County Ordinance 2003-6, the Weld County
addressing Code Section 2-13-70, H-1-a-7, which requires cul-de-sacs running
east/west to be named "Place." (Weld County Department of Planning Services,
addressing)
4. The plat shall show the rights of way for 49'"Street, Hill-n-Park Drive,Yosemite Drive
and Yellowstone Drive. (Department of Public Works)
B. The Board of County Commissioners shall review and approve the signed and dated
Improvements Agreement According to Policy Regarding Collateral for Improvements(Public
Road Maintenance) including the form of collateral. The security for the Agreement shall be
tendered and accepted by the Board of County Commissioners. (Department of Planning
Services)
C. The applicant shall submit the name of the street within the proposed development along with
the street addresses for review to the Weld County Sheriffs Office, Postal Services and
Emergency Responders. Evidence of their approval shall be submitted to the Department of
Planning Services. (Department of Planning Services)
Resolution MJF-1062
JER Partnership
Page 4
D. The applicant shall contact the City of Evans to determine if there are any off-site
transportation infrastructure improvements. Evidence of such shall be submitted to the
Department of Public Works and the Department of Planning Services. (Department of Public
Works)
E. The applicant shall address the requirements(concerns)of the City of Evans,as stated in the
referral response received 7/6/04. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (City of Evans)
F. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the
original parcel. (Department of Planning Services)
G. The applicant shall dedicated outlot A to the Home Owners Association (ROA)to be used as
open space. Written evidence of such shall be submitted to the Department of Planning
Services. (Department of Planning Services)
H. 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)
The applicant shall submit to the Weld County Planning Department a certificate of good
standing from the secretary of states office showing they have incorporated or otherwise
formally organized the Home Owner's Association. (Department of Planning Services)
J. The applicant shall submit covenants for the proposed development.The covenants shall be
approved by the Weld County Attorney's Office. Prior to recording the plat the applicant shall
submit to the Weld County Department of Planning Services the finalized covenants and
appropriate fees. (Department of Planning Services)
K. The applicant shall attempt to address the requirements (concerns) of City of Greeley, as
stated in the referral response dated 7/7/04. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
L. The following notes shall be placed on the plat:
1. The Major Subdivision Final shall consist of thirteen (13) R-5 zoned lots. The Final
Plat shall comply with the R-5 Zone District requirements as set forth in Chapter 23
of the Weld County Code. (Department of Planning Services)
2. Water and sewage shall be obtained from the City of Evans. (Department of Planning
Services and Department of Public Health and Environment)
3. All landscaping within the site distance triangles must be less than 3%feet in height
at maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes
must be outside the sight distance triangles. (Department of Public Works)
4. Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Departments of Planning Services)
5. The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
Resolution MJF-1062
JER Partnership
Page 5
6. Personnel from the Weld County Government shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out on the
property comply with the Weld County Regulations. (Department of Planning
Services)
7. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
8. 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)
9. 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)
10. Building permits shall be obtained prior to the construction of any building. (Building
Inspection)
11. 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. (Building Inspection)
12. Buildings shall conform to the requirements of the codes adopted by Weld County at
the time of permit application. Current adopted codes include the 2003 International
Building Code, 2003 International Mechanical Code (IMC), 2003 International
Plumbing Code (IPC), 2002 National Electrical Code (NEC) and Chapter 29 of the
Weld County Code. (Building Inspection)
13. 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)
14. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed a the plat review. Setback and offest
distance shall be determined by Chapter 23 of the Weld County Code. (Building
Inspection)
15. 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)
16. 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)
Resolution MJF-1062
JER Partnership
Page 6
2. Prior to Installation:
A. The applicant shall contact the Milliken Fire Protection District prior to installing the fire
hydrants as stated in their referral response dated 7/16/04. (Milliken Fire Protection District)
3. The Final 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 Final Plat map, the
applicant shall submit a digital file of all drawings associated with the Final Plat 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 Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case
to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 3, 2004.
Dated the 3rd of August, 2004.
Voneen Macklin
Secretary
that this district is a drop in the bucket, there is not enough of water for farms or cities. The applicant is trying
to find a balance between serving needs and obtaining water. The communities that are being developed require
water to be brought to them and finding that water is becoming more difficult.
Bruce Fitzgerald asked if this district will require approval in Adams County. Mr. Deutsch indicated it does not
because they are dealing with municipalities. They are not anticipating delivering services into the Counties
themselves but are advising the Board of County Commissioners of what is happening.
Michael Miller asked if the right of way that is needed has been acquired. Mr. Deutsch indicated that much
of right of way along public roads is along the section lines. There may be occasion to purchase and
condemnation would be used as a last resort.
Monica Mika asked what will this eventually look like. The land is presently on a center pivot and looks to be
green and healthy. Will this be dry land or will there eventually be a land use application for this area? Mr.
Deutsch indicated that at the present time there is no plan for development. There has been a commitment
to the State and District as to how the land will be maintained. There will be no changes, the farms that have
the ability to dryland farm will continue. The others will contain grasses and the weeds will be maintained. The
look will be the same with regards to agricultural. There are seven different farming groups that will continue
to farm the valley. The applicant has committed to using local farmers. The applicant has also committed to
reducing the amount of pesticides to enhance the water quality in the aquifer.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Wood Eppelsheimer, neighbor, indicated his concern as far as the best way to management the transport to
the benefit of the valley and the recipients of the water. The consumptive use will benefit the aquifer. Mr.
Eppelsheimer stated that it is very important that this is a public utility that will help deal with economics of the
valley. If this remains public the land owners and owners of the water will be protected,a private company could
create more problems.
Mark Gray,mayor of Keensburg,indicated approval of the proposal. The Town of Keenesburg believes that an
agreement will be done and believe that this will give the municipalities a better control of the aquifer and not
damaging it.
Chair closed public portion.
Michael Miller asked Mr. Barker if there was any Development Standards or Conditions that needed to be
approved with this. Mr. Barker indicated the only change would be to Section 10,the language that has been
agreed to by the applicant and Weld County. (Exhibit 27). Mr. Barker suggests that the language be included
in the resolution before it goes to the Board of County Commissioners for approval. It does need to be included
in the motion which would be the amended language in Section 10, Exhibit 27.
James Rohn moved to accept the above referenced language. Bruce Fitzgerald seconded. Motion carried.
Monica Mika suggest amending the language to"inadequate"in Section 32-1-305 2.5 A of the staff comments.
Doug Ochsner moved to amend the language. James Rohn seconded. Motion carried.
James Rohn moved that Case 2004-XX,be forwarded to the Board of County Commissioners 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. Michael
Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
CASE NUMBER: MJF-1062 {APPLICANT: JER,A Partnership
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot B Hill-n-Park Subdivision; pt of the SW4 Section 26, T5N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: Hill-n-Park Third Filing (Thirteen (13) Residential Lots in the R-5 Zone
District).
LOCATION: North of and adjacent to 49'"Street and East of and adjacent to Yellowstone
Drive.
Michelle Martin,Department of Planning Services presented Case MJF-1062,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.
Michael Miller asked about the surrounding area and the businesses that are located within the vicinity. Ms.
Lockman stated that there is a storage area and that plat was just recorded as well as a concrete business.
Doug Ochsner asked for clarification on the location of this project in reference to the municipalities. Ms.Martin
indicated on the map the boundaries of the City of Evans, City of Greeley and Weld County.
James Rohn asked if a HOA and membership is mandatory and if there is a HOA for the older lots. Ms. Martin
indicated that the HOA is just for the proposed development. Ms. Martin indicated there was no HOA for the
previous filings in Hill N Park.
Tonya Strobel stated that her ex-step mother is an owner in the partnership. There was limited contact during
the time of the marriage. Mr. Morrison indicated there are no financial ties and asked if this would affect her
ability to hear the case fairly? Ms. Strobel indicated it would not have any impact on her decision. Mr.
Morrison added it is better to disclose earlier in writing preferably with a 48 hour notice. Mr. Morrison does not
see this as a problem but it comes down to being fair. Mr. Miller does not think this would be a problem but
since there is a quorum without the voter perhaps it would appear better if Ms. Strobel would abstain. Ms.
Strobel indicated she would not be biased and therefor will hear the case.
Bryant Gimlin asked about a similar case that was proposed in the same area? Ms. Martin stated that Mr.
Gathman did present a case in another area of Hill N Park for multi family. Mr. Miller stated that application
was denied by Planning Commission. Mr. Morrison added if the Board of County Commissioners did not act
on the case then there would not need to be a substantial change. Ms. Martin indicated that it looks like the
applicant withdrew the previous application.
Mike Thomas, applicant, indicated that there was a proposal with Lifestyle Homes and there was concems
therefor they withdrew. This proposal is for single family homes and there seems to be no issues. There are
some concerns with the depth of the lots and landscaping. There has been a request for a 6 foot fence by the
City of Greeley but that does not fit with the area and the landscaping will be left to the individual property
owners. The sidewalk will be increased to accommodate the concerns of the City of Greeley. Mr. Thomas
continued with the only concerns being from the City of Greeley and most of those were addressed once the
understood that they were proposing a stick built homes in the development.
Michael Miller asked if the development would be stick built or modular. Mr. Thomas indicated that the homes
will either be stick built or modular there will be no mobile homes. Mr. Miller asked if there will be any
covenants? Mr. Thomas indicated that the HOA has minor covenants.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Carol Applegarth, neighbor,stated she has no objections but does not want to see modular homes in the area.
The Hill N Park area has gone down and the addition of modular will only increase this.
Kevin Thompson, neighbor,asked questions about the boundary and where the driveways will be located. Mr.
Thompson is not in-favor of the 6 foot fence because of the view.
The Chair closed public portion
Mike Harvey indicated the border on the map is the four sides that are presently vacant ground. There will be
a single access to the area which will be across the street from the fire station. The parking will be in the
driveways and not on the streets.
Lee Morrison asked if the modular home meets the definition of manufactured home in accordance to code?
Mr. Harvey indicated it does meet the definition in accordance to the Weld County Code. Mr. Morrison added
that the nature of the construction of the homes be described in accordance to the code definition. Mr.
Morrison stated that a manufactured home is built to HUD standards and has permanent installation with a
pitched roof. This is also considered a site built structure according to the code. Ms. Martin read the definition
of manufactured home from the Weld County Code and added the application specifically states stick built or
manufactured.
Michael Miller asked if any Development Standard or Condition addresses the 6 foot fence. Ms. Martin
indicated there is a Development Standard to attempt to address the concerns for the City of Greeley, which
requested the 6 foot fence.
Bryant Gimlin moved that Case MJF-1062,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. Michael
Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
CASE NUMBER: MZ-547
APPLICANT: Olando Ltd. Liability Company
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2016; Pt of the SE4 of Section 16, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Minor Subdivision Change of Zone from A (Agricultural) Zone District to E
(Estate)for nine (9) residential lots. (Owl Creek Estates).
LOCATION: North of and adjacent to Hwy 392; %mile east of CR 53.
Sheri Lockman, Department of Planning Services presented Case MZ-547, reading the recommendation and
comments into the record. The Department of Planning Services is recommending denial of the application.
Michael Miller asked if the previous application made it through Board of County Commissioners or was it
withdrawn. Ms. Lockman stated the PUD was denied but it was not presented by this applicant. This applicant
came back with a substantial change and now the minor subdivision change of zone.
Todd Hodges, representative,provided clarification regarding the project. The prior owner had a PUD and was
approved by Planning Commission but not the Board of County Commissioners. In November 2003 a
substantial change was done and approved by both the Planning Commission and Board of County
Commissioners. The applicant is therefor back to the minor subdivision change of zone. The access has been
centrally located with the permits needed through CDOT. The drill sites have been delineated on the plat along
with the well sites. The applicant has been working on agreements with the two existing well sites but those
are not complete yet. The primary land uses are agriculture and residential. Mr. Hodges went through photos
from various locations on the site. Staffs denial is based on the location to the approved dairy to the east and
compatibility with it. This proposal will be governed with covenants not like the surrounding area. The
surrounding area was largely created with the recorded exemption process. The applicant has discussed the
proposal with the owner of the dairy and there has not been any objections. The dairy was approved through
the amended USR process. The dairy was required to operate with existing and future land uses in the area,
which are minor subdivisions. The large lots lend themselves to a higher and greater use than the exiting
agricultural use.
Bryant Gimlin asked Mr. Hodges about lot A and if it exited onto Hwy 392. Mr. Hodges indicated that it does
and there was no other option. Mr. Hodges indicated that there is a Condition for the Oil &Gas that if it goes
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