HomeMy WebLinkAbout20042134 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, along with the deletion of 1E, add 2H, that the following resolution be introduced for
denial by the Weld County Planning Commission.
CASE NUMBER: PZ-521
APPLICANT: Don & Linda Owens- Gloraloma Estates
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B RE-1921; part SE4 Section 9, T2N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to PUD for 19 lots with Estate Uses
along with 15 acres of open space in addition to 36 acres of open space and
equestrian uses located on Tract A.
LOCATION: North of and adjacent to CR 22; west of and adjacent to CR 19.
The Change of Zone from A(Agricultural)to PUD for Nineteen(19) lots with Estate Zone Uses and 1 lot
(Tract A) with Agricultural Uses and equestrian center and ranch is conditional upon the following:
1. Prior to Scheduling Board of County Commissioners hearing:
A. The applicant shall provide evidence of adequate irrigation water for the watering of proposed
landscaping to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall sign and record the Annexation Agreement with the Town of Firestone.
Evidence of such shall be provided to the Department of Planning Services. (Department of
Planning Services)
C. The applicant shall provide sign and record the agreements with Patina Oil & Gas and Encana
Energy Resources. Evidence of such shall be provided to the Department of Planning Services.
(Department of Planning Services)
D. The applicant shall provide agreements with remaining subsurface mineral interest holders or
provide written evidence to the Department of Planning Services that an adequate attempt has
been made to address their concerns. (Department of Planning Services)
2. Prior to recording the Change of Zone plat:
A. The applicant must address the proposed 15-foot wide gravel road for oil well and irrigation access.
This road crosses Outlot A, an adjacent parcel owned by 'others', Tract A, and then ends at the
adjacent parcel owned by'others'. It is odd this road crosses the narrow parcel and then parallels
it to the lot mass. The applicant must submit verification from the 'others' property owner for this
roadway in writing to Public Works. The easement is not shown crossing the 'others' property.
The applicant shall clear this item with all parties and with Public Works. Written evidence of
Public Works approval shall be submitted to the Department of Planning Services. (Department
of Public Works)
B. All proposed septic system envelopes to be shown on the change of zone plat shall be reviewed
by the Weld County Department of Public Health and Environment. Written evidence of Health
Department approval shall be provided to the Department of Planning Services. (Department of
Public Health & Environment/Department of Planning Services)
C. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be
indicated on the plat. (Department of Public Health)
MOT
2004-2134
r # . /
Resolution PZ-521
Gloraloma Estates
Page 2
D. The applicant shall attempt to address the requirements of the Platteville/Gilcrest Fire Protection
District as stated in their referral dated August 19,2003. Evidence of such shall be provided to the
Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements of the Department of Planning Services landscape
referral as stated in the referral received August 11, 2003. Evidence of such shall be provided to
the Department of Planning Services. (Department of Planning Services)
F. The applicant shall submit a revised landscape and screening plan to the Department of Planning
Services. The Landscape Plan shall detail proposed recreational uses within the open space
areas, the connectivity of the trail system with nearby trails and within the trail system itself, all
lots within the PUD should connect to the proposed trail system and open space areas.
Cottonwood trees used for landscaping shall be non-flowering (non-cotton bearing). (Department
of Planning Services)
G. The applicant shall vacate that portion of USR-1120 (Gloraloma Ranch) that is located on the
eastern portion of the property(east of Tract A and the Coal Ridge Ditch).
H. The applicant shall address the requirements (conditions) of the Weld County Sheriff's Office as
outlined in their referral received September 16,2003.Written evidence of such shall be provided
to the Department of Planning Services. (Weld County Sheriff's Office)
I. The plat shall be amended as follows:
1. CR 19 is classified by the County as a collector road and requires a minimum 80-foot right-
of-way.The applicant shall verify the existing right-of-way. The documents creating the right-
of-way shall be noted on the change of zone plat. A 40-foot right-of-way shall be dedicated
on the final plat. The change of zone plat shall label the CR 19 right-of-way as, "40-foot
County Road Right-of-Way, to be dedicated on Final Plat."(Department of Public Works)
2. CR 22 is classified by the County as a local graveled road and requires a minimum 60-foot
right-of-way.The applicant shall show CR 22(Sheets C-P.3&C-P.4)and dimension the 60-
foot right-of-way shown on the change of zone plat. The applicant shall verify the existing
right-of-way, noting the inception documents on the change of zone plat. (Department of
Public Works)
3. The Gloraloma Way cul-de-sac shall be amended to a minimum 65-foot radius on the
change of zone plat. The Linda Lane cul-de-sac shall be modified to a minimum 65-foot
radius on the change of zone plat. (Department of Public Works)
4. The Road Typical Sections shown throughout the drawings of the Gloraloma Estates PUD
Zone Change Plat shall be corrected to show a minimum 15-inch diameter culvert per
County Code,paved 12-foot travel lanes(clearly labeled"paved")on the change of zone plat,
and proper 24-foot edge-of-pavement dimension. (Department of Public Works)
5. The applicant shall modify the road layout (C2, C3, C28, C29, C38, C40)to coincide with
minimum"curb"/turn radii of 20-feet as per County Code 8-2-40 on the change of zone plat.
(Department of Public Works)
6. The internal roadway right-of-way shall be 60-feet in width including cul-de-sacs with a
minimum 65- foot radius, and dedicated to the public. The typical roadway cross-section
should be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of
zone plat. (Department of Public Works)
Resolution PZ-521
Gloraloma Estates
Page 3
7. Intersection sight distance triangles at all (including proposed Tract A) development
entrances shall be shown on the resubmitted change of zone plat. 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)
8. Primary and secondary septic envelopes shall be indicated on each lot. All septic system
envelopes must meet all setbacks, including the 100-foot setback to any irrigation ditch.
(Department of Public Health & Environment)
9. Fire hydrants shall be indicated on the plat as outlined in the 8/19/2003 referral from the
Platteville/Gilcrest Fire Protection District. (Platteville/Gilcrest Fire Protection District)
10. Building envelopes shall be indicated on all lots. The building envelopes shall be located
outside of the 150-foot setback radius from existing wellheads and outside of the 200-foot
setback radius from existing tank batteries (as required per Section 23-3-440 of the Weld
County Code). (Department of Planning Services)
11. Setback radius'from wellheads(150 feet)and setback radius'from tank batteries(200 feet)
shall be indicated on the change of zone plat. (Department of Planning Services)
12. Lot 4, Block 1 is indicated as a detention pond on the landscape and layout plans. Lot 4
shall be indicated as a non-buildable outlot on the change of zone plat. (Department of
Planning Services)
J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. The Change of Zone is conditional upon the following and that each shall be placed on the Change
of Zone plat as notes prior to recording:
A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for 19 lots
with Estate Zone Uses and open space in addition to 36 acres of open space and equestrian uses
to be located on Tract A as indicated in the application materials on file in the Department of
Planning Services. Residential lots will adhere to the uses allowed in the E (Estate)Zone District.
Tract A will adhere to the uses allowed in the A (Agricultural) Zone District. The PUD will be
subject to and governed by the Conditions of Approval stated hereon and all applicable Weld
County Regulations. (Department of Planning Services)
B. The site shall maintain compliance with the Dacono, Firestone and Frederick Procedures and
Design Standards(Chapter 19,Article III,Weld County Code)at all times.(Department of Planning
Services)
C. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the
Association is mandatory for each parcel owner. The Association is responsible for liability
insurance, taxes and maintenance of open space, streets, private utilities and other facilities.
Open space restrictions are permanent. (Department of Planning Services)
D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
E. All signs within the PUD shall comply with the approved sign standards. 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)
Resolution PZ-521
Gloraloma Estates
Page 4
F. Water service shall be provided by the Central Weld County Water District. (Department of Public
Health & Environment)
G. This subdivision is not served by a municipal sanitary sewer system. Sewage disposal shall be
by septic systems designed in accordance with the regulations of the Colorado Department of
Public Health and Environment,Water Quality Control Division and the Weld County Code in effect
at the time of construction, repair replacement, or modification of the system. Septic systems
shall be designed for site specific conditions including, but not limited to, shallow groundwater,
bedrock, gravel and/or clay. (Department of Public Health and Environment)
H. 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)
I. 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)
J. 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)
K. 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)
L. Building permits shall be obtained prior to the construction of any building or structure. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and
Section 29-3-20 B.13 do not need building permits, however a Certificate of Compliance must be
filed with the Planning Department and an electrical permit is required for any electrical service to
the building.
M. A plan review is required for each building except for buildings that meet the definition of Ag
Exempt buildings. 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.
N. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 1997 Uniform Building Code; 1998
International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code
and Chapter 29 of the Weld County Code.
O. 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.
P. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance.
Resolution PZ-521
Gloraloma Estates
Page 5
Q. Building height shall be measured in accordance with the 1997 Uniform 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 27 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.
R. 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)
S. The site shall maintain compliance at all times with the requirements of the Weld County
Government and adopted Weld County Code and Policies. (Department of Planning Services)
T. 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)
U. 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)
V. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within sixty(60)days of approval by the Board of County Commissioners. With the Change of Zone plat
map, the applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats
are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
5. At the time of Final Plan submission:
A. 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)
B. 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)
C. 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
Fire Protection District, the Weld County Sheriffs Office, the Weld County Ambulance Services
Department and the Post Office for review and approval. (Department of Planning Services)
Resolution PZ-521
Gloraloma Estates
Page 6
D. The applicant shall submit covenants and homeowner's association paperwork for review and
approval by the Weld County Attorney's Office. Language for the preservation and/or protection
of the absorption field envelopes shall be placed in the development covenants. The covenants
shall state that activities such as permanent landscaping, structures, dirt mounds, animal
husbandry activities,or other activities that would interfere with the construction, maintenance, or
function of the fields should be restricted over the absorption field areas while in use. (County
Attorney's/Department of Public Health & Environment)
E. 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)and approval.
Construction details must be included. (Department of Public Works)
F. Water for the Gloraloma Ranch equestrian center shall be given to the homeowner's association.
Written evidence of such shall be provided to the Department of Planning Services. (Department
of Planning Services)
G. The Weld County Sheriff's Office has indicated that a sign with a graphical representation of the
subdivision should be placed at the entrance to the subdivision. To address this concern, 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)
H. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
construction plan drawings for review and approval. Evidence of Public Works approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
I. Final drainage construction and erosion control plans(conforming to the drainage report)stamped,
signed and dated by a professional engineer licensed in the State of Colorado shall be submitted
with the final plan application.
The final drainage report must compare the historic and developed flows(runoff)in a way that
is analogous over the basins. This would tie the report to the data from the appendices and
concisely document the detention requirements.
The area south of CR 22 must be more fully investigated for contribution to off-site drainage.
A topographical map of the expanded area will need to be included. A closer investigation of
capturing off-site waters by Bull Canal shall be elaborated upon. It appears the drainage report
has assumed any and all drainage south of County Road 22 does not impact the development.
(Rainfall generating less than the 100-storm may possibly fill fields and cross over roadways.)
The applicant shall address the large off-site basin area in the final drainage report.
Supporting discussion of the on-site lake / reservoir, high water level, and spillway shall be
included in the final drainage report, insuring safety of the proposed residential lots.
J. The applicant shall provide an agreement with the Coal Ridge Ditch Company and Northern
Colorado Water Conservancy District or provide evidence that they have made an adequate
attempt to address the concerns.
6. Prior to recording the final plat:
A. Finalized covenants and the appropriate recording fee(currently$6 per page)shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall enter into Improvements Agreements According to Policy Regarding Collateral
for Improvements. These agreements shall be approved by the Board of County Commissioners.
(Departments of Planning Services and Public Works)
Resolution PZ-521
Gloraloma Estates
Page 7
C. Easements shall be shown on the final plat in accordance with County standards(Section 24-7-60)
and/or Utility Board recommendations. "Easements shall follow rear and side lot lines whenever
practical and shall have a minimum total width of twenty(20)feet apportioned equally on abutting
properties. Where front line easements are required, a minimum of fifteen (15) feet shall be
allocated as a utility easement." The applicant shall show and dimension 20-foot perimeter
easements for the parcel on Sheet 2 of the Zone Change Plat for Distant Thunder PUD.
(Department of Public Works)
D. 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). (Dept. of Planning Services)
Motion seconded by John Folsom
The vote was a tie therefore no recommendation was made.
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that
the above and foregoing resolution,is a true copy of the resolution of the Planning Commission
of Weld County, Colorado, adopted on September 16, 2003.
Dated the 16th of September, 2003.
(.4 V itt
Voneen Macklin
Secretary
Hello