HomeMy WebLinkAbout20041340.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, along with the addition of 2G, 6D, 3G, 5D, and 2GF, 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-600
APPLICANT: John Zadel - Distant Thunder PUD
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the S2 Section 10, T1 N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD for 9 lots with Estate Uses.
LOCATION: East of and adjacent to CR 19; 1 mile south of Hwy 52.
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 the Weld County Code. The proposed site is within the
Frederick, Firestone and Dacono Inter-Governmental Agreement (IGA) area. The
applicants have an annexation agreement that has been approved by the City of Dacono.
The proposal is consistent with the aforementioned documents as follows:
1. Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure
the health, safety and general welfare of the present and future residents of the
County." The proposed PUD will be serviced by the Central Weld County Water
District for water and the applicant is proposing individual septic systems to provide
sewage disposal. However, the City of Dacono, in their referral received August 22,
2003, indicated that the property is located within the proposed Dacono Sanitation
District Eastern Service Area expansion. It is the intent of the District to have the
eastern trunk line expansion complete by the end of 2004. If the District's plans
stay on schedule it is possible that a sanitary sewer main to serve Distant Thunder
PUD could be completed in the same time frame. The Dacono Sanitation District
is requiring that the applicant petition for inclusion in the Dacono Sanitation District
and provide central sanitary sewer service for lots within the PUD.
2. Section 19-2-60C.5- "In recognition of the availability of water and sewer service
from a municipality or district within the Urban Growth Area..., the County will
require water and sewer service therefrom as a condition of approval of any
subdivision, rezoning or planned unit development, and will not approve such
development until and unless the applicant has obtained an approved written
contract for the same with the applicable municipality and/or district." The City of
Dacono has indicated that sanitary sewer service could possibly be available to the
site by the end of 2004. An agreement with the Dacono Sanitation District for sewer
service is attached as a condition of approval for this change of zone.
3. Section 22-5-50,O.Policy 1.1 "Encourage agricultural use of productive agricultural
land" This site is located on land defined as "Prime if Irrigated" according to the
1979 USDA/Soil Conservation Service map.
4. Section 22-3-40.D -Public facilities general requirement -Availability of adequate
fire protection - The Fort Lupton Fire Protection District indicated that it complies
with their plans in their referral received August 5, 2003. f'�
2004-1340 t
lr1f
Resolution PZ-600
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Page 2
B. Section 27-6-120.6.b -The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27
of the Weld County Code.
Section 27-2-20,Access standards—All PUD developments will be served by an internally
paved road system according to County standards". The applicant is proposing a paved
interior road system that will meet county standards.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District for the Nine (9) residential lots and the A
(Agricultural) Zone District for the 47.5 acre open space parcel. The applicants are
requesting that Lots 1, 7 and 8 be smaller than the minimum size of 2.5 acres for the (E)
Estate Zone District). Staff is in support of this request.
Section 27-2-60, Common Open Space- "Common Open Space is defined as any usable
parcel of land or water unimproved and set aside, dedicated, designated or reserved for
public or private use or for the use and enjoyment of owners or occupants of land adjoining
or neighboring such area."
The applicants are proposing to use the 47.5 acre outlot as common open space for the
PUD. The outlot would be used as private open space for residents of Distant Thunder.
The outlot will be nonbuildable for residential purposes.
Section 27-2-70, Compatibility -"The density, design and location of land uses within and
adjoining a PUD shall be designed to be compatible with other uses within and adjoining the
PUD." There is an existing excavation business (approved under USR 1330) and an
existing natural gas compression station (approved under SUP 428) located 1/8 to 1/4 mile
south of this site. There is an existing row of evergreen and ash trees to the south that is
intended to provide screening between the PUD and the oil & gas facility. There is an
existing injection well facility (approved under special use permit 1039)located adjacent to
the northeastern corner of the site.
The applicant has met the remaining performance standards as delineated in Section 27-2-
10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-210 of the Weld County Code.
C. Section 27-6-120.6.c-That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities. The proposed development is located within the
Frederick, Firestone and Dacono Intergovernmental Agreement area (IGA). A drafted
annexation agreement with the City of Dacono has been approved by the City of Dacono.
This agreement shall be signed and recorded as a condition of approval of this change of
zone application.
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 ll the Weld County Code. The site shall be serviced by the Central Weld County
Water District. Individual septic systems are proposed.The City of Dacono is requiring that
the applicant connect with Dacono Sanitation District for sewer service. An executed
agreement with the City of Dacono to provide sewer service is attached as a condition of
approval.
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 City of Dacono is
requiring that the applicant dedicate 45 feet right of way for County Road 19 measured from
the centerline of County Road 19. This right-of-way shall be dedicated on the final plat.
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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. An on-site road improvements agreement shall be submitted with
the final plan application for review by County staff and final acceptance by the Board of
County Commissioners.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site. The site is not located within any
overlay districts. The applicants have provided information detailing that there is one
mineral owner(Suckle Farms, Inc.)and two mineral leasehold owners (Kerr-McGee Rocky
Mountain Corporation and K.P. Kauffman). The applicant has a draft agreement with Kerr-
McGee regarding their pipeline and a 400-foot by 400-foot drilling window to be located on
the open space outlot. The applicants have been attempting to negotiate an agreement with
K.P, Kauffman for the past two years. At this point they have been unsuccessful reaching
an agreement. The applicants have provided a letter detailing their attempts to negotiate
with K.P. Kauffman.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The applicant is requesting that the Final Plan be administratively reviewed. Planning staff is
an agreement with this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for Nine(9)lots with Estate Zone Uses and 1 Non-
residential lot with Agricultural Uses 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.The applicant shall also indicate whether
or not livestock will be allowed within this subdivision. (Department of Planning Services)
B. The applicant shall sign and record the Annexation Agreement with the City of Dacono.
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 agreement with Kerr-McGee Rocky Mountain
Corporation. Evidence of such shall be provided to the Department of Planning Services.
(Department of Planning Services)
D. The applicant shall provide an agreement with Amoco in regards to their 50-foot easement or
provide evidence that an adequate attempt has been made to address their concerns. Evidence
of such shall be provided to the Department of Planning Services. (Department of Planning
Services)
E. The applicant shall provide an agreement with Public Service in regards to their 75-foot
easement or provide evidence that an adequate attempt has been made to address their
concerns. Evidence of such shall be provided to the Department of Planning Services.
(Department of Planning Services)
2. Prior to recording the Change of Zone plat:
A. 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
Resolution PZ-600
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required by Section 27-6-90.E.1. of the Weld County Code for review and approval.
(Department of Planning Services)
B. 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)
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)
D. The applicant shall address the requirements of the Department of Planning Services landscape
referral as stated in the referral received August 4, 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 City of Dacono as outlined in their referral
received August 22, 2003. Evidence of such shall be provided to the Department of Planning
Services. (City of Dacono)
F. The applicant shall provide a signed and executed agreement with the Dacono Sanitation
District to provide sewer service to those lots which have not yet been developed at the time
sewer service is then available in Distant Thunder PUD. (City of Dacono)
G. 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 Sheriffs Office)
H. The plat shall be amended as follows:
1. The plat shall be labeled: "PZ-600". (Department of Planning Services)
2. CR 19 is classified by the City of Dacono as a minor arterial road and requires a minimum
90-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 45-foot right-of-way
from the centerline of CR 19 shall be dedicated on the final plat. The change of zone plat
shall label the CR 19 right-of-way as, "45-foot County Road Right-Of-Way, to be
dedicated on Final Plat."The Weld County Department of Public Works is in agreement
with a more stringent standard than the county standard (80-feet of right-of-way).
(Department of Planning Services)
3. Additional right-of-way shall be required adjacent to the bus pullout area equivalent to the
width of the pullout lane. Revisions must be made to the change of zone drawings, and
this right-of-way shall be dedicated on the final plat. (Department of Planning Services)
4. 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. The cul-de-sac edge of pavement radius shall be 50-feet minimum. Stop
signs and street name signs will be required at all intersections. (Department of Public
Works)
5. The applicant shall correctly mark 20-foot utility and drainage easements for Lot 1 and Lot
9 along CR 19 on Sheet 2 of the Landscape Plan, and Sheet 2 of the Zone Change Plat
for Distant Thunder PUD. (Department of Public Works)
6. The Typical Road Cross Section shown on Sheet 2 of the Zone Change Plat for Distant
Thunder PUD shall identify the 12-foot travel lanes as being "Paved". (Department of
Public Works)
Resolution PZ-600
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7. The applicant shall coordinate the typical road cross-sections shown on Sheet 2 of the
.- Zone Change Plat for Distant Thunder PUD and Sheet 2 of the Plan and Profile Multiple
Lot Access Road to be identical. The Typical Cross Section on Sheet 2 of the Plan and
Profile Multiple Lot Access Road shall be corrected to include 4-foot gravel shoulders on
either side of the 12-foot paved travel lanes. (Department of Public Works)
8. The 400' x 400' oil & gas operations window (as designated by Kerr McGee) shall be
shown on the plat. (Department of Planning Services)
I. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. The Change of Zone is conditional upon the following and that each shall be placed on the Change
of Zone plat as notes prior to recording:
A. The site specific development plan is for a Change of Zone from A (Agricultural) to PUD for
Nine (9) with Estate Zone Uses along with 47.5 acres of open space as indicated in the
application materials on file in the Department of Planning Services. Lots will adhere to the
uses allowed in the E(Estate)Zone District.The 47.5 open space outlot will adhere to the uses
allowed in the A(Agricultural)Zone District except minimum lot size. 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. 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)
C. Weld C ounty's Right to F arm as delineated on this p lat shall be recognized a tall times.
(Department of Planning Services)
D. 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)
E. Water service shall be provided by the Central Weld County Water District. (Department of
Public Health & Environment)
F. 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)
G. A Weld County septic permit is required for each proposed septic system which shall be
installed in accordance to the Weld County Individual Sewage Disposal System Regulations.
Each septic system shall be designed for site specific conditions including but not limited to
maximum seasonal high ground water, poor soils and shallow bedrock. (Department of Public
Health)
H. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of the
Weld County Health Department, a fugitive dust control plan must be submitted. (Department
of Public Health and Environment)
I. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and practical
methods that are technologically feasible and economically reasonable in order to minimize dust
emissions. (Department of Public Health and Environment)
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J. If land development creates more than a 25-acre contiguous disturbance,or exceeds 6 months
in duration, the responsible party shall prepare a fugitive dust control plan, submit an air
pollution emissions notice, and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
K. Building permits shall be obtained prior to the construction of any building or structure including
bus shelters, signs and entrance gates, if provided. 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. An electrical permit is required for any electrical service to the building and a
plumbing permit is required for any water for washing or watering purposes in the Ag building.
L. 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.
M. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 1997 Uniform Building Code; 1998
International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical
Code and Chapter 29 of the Weld County Code.
N Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
O. 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.
P. 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.
Q. Weld County personnel shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County Regulations. (Department of Planning
Services)
R. 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)
S. 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)
T. 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
Resolution PZ-600
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Page 7
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)
U. 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 C hange o f Z one p lat maps hall b e submitted t o the Department o f Planning S ervices'for
recording within thirty(30)days of approval by the Board of County Commissioners.With the Change
of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change
of Zone application. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation); acceptable GIS
formats are .shp (Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning
Services)
5. 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)
D. The applicant shall submit covenants and homeowners association paperwork for review and
approval by the Weld County Attorney's Office. the covenants shall address language for the
preservation and/or protection of absorption field areas. The covenants shall state that activities
such as permanent landscaping, structures, dirt mounds, animal husbandry activities or other
activities would interfere with the construction, maintenance or functions of the field should be
restricted over the absorption field areas while in use. The applicant shall incorporate the
revisions to the covenants outlined in the referral received August 19,2003 from Lee Morrison-
County Attorney. Evidence of such shall be provided to the Department of Planning
Services.(County Attorney's)
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. The applicant shall provide a pavement design prepared by a professional engineer along with
the final plan submittal. (Department of Planning Services)
G. Intersection sight distance triangles at the development entrance will be required. All
landscaping within the triangles must be less than 3%feet in height at maturity, and noted on
the final roadway plans. (Department of Planning Services)
H. 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 Grading Plan sheet shall verify and match the
length of 18-inch CMP culvert shown in the plan and profile views. The plan view depicts
approximately 200-feet of culvert,whereas the profile view shows 40-feet. This correction shall
be made. (Department of Public Works)
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Page 8
I. The RE-8 School District and Weld County Sheriffs Office shall be contacted regarding the bus
pullout. The applicant shall provide to the Public Works Department written documentation
regarding this issue along with the final plat application materials.(Department of Public Works)
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)
C. An executed agreement between the applicant and the Weld County School District RE-8
addressing the "cash-in lieu of land dedication fee" shall be submitted to the Department of
Planning Services. (St. Vrain Valley RE-1J School District)
D. The applicant shall provide a letter to the Department of Planning Services requesting that
USR-841 (Special Use Permit 841) be vacated. USR-841 shall be vacated by the Board of
County Commissioners. (Department of Planning Services)
E. Easements shall be shown on the final plat in accordance with County standards(Sec.24-7-60)
and / or Utility Board recommendations. " Easements s hall follow r ear and side I of I ines
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)
F. 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 Bryant Gimlin
Resolution PZ-600
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Page 9
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.
Jam-)) 16 d L
Voneen Macklin
Secretary
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