HomeMy WebLinkAbout20041524.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,along with an amendment to C 25 to include Poudre Fire Authority,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: MZ-1053
APPLICANT: Jeff Couch/ Carlson Revocable Trust
PLANNER: Sheri Lockmank
LEGAL DESCRIPTION: Lot B 2amt3R1873; pt of NE4 Section 8, T7N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from (A) Agriculture to (E) Estate for a 9 lot Minor
Subdivision (Prairie Ridge Estates)
LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 17 section
line.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code as follows:
A. Section 23-2-30.A.1. The proposal is consistent with Chapter 22 of the Weld County Code.
Section 22-2-60.D. (A.Goal 4.) -- Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region. This goal is intended to address conversion of agricultural land to nonurban uses.
Once converted, this land is less conducive to agricultural production. The proposal is for a
nine (9) lot non-urban scale subdivision. Conditions of Approval ensure the site will be
compatible with surrounding properties.
B. Section 23-2-30.A.2. states "That the uses which would be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land uses." The
proposed site does not lie within the Urban Growth Boundary or Intergovernmental
Agreement Area for any municipality. The site is within the three mile referral area for the
Town of Severance and Larimer County. The Town of Severance did not respond to the
referral request. Larimer County indicated no conflict with their interests. The Department
of Planning Services' believes that the granting of this Change of Zone will have a minimal
impact on the surrounding land uses.
C. Section 23-2-30.A.3. states "That adequate water and sewer service can be made available
to the site to serve the uses permitted within the proposed zone district." The applicant has
a preliminary Water Service Agreement in place with North Weld County Water District. The
agreement has been approved by the Weld County Attorney's Office and North Weld County
Water District has indicated that the proposal does comply with their plan.
The Weld County Department of Public Health and Environment has reviewed this proposal
and has indicated that the applicant has satisfied Chapter 24 of the Weld County Code in
regard to sewer service. Sewer will be provided by Individual Sewage Disposal Systems
(ISDS). Because of the large lot sizes, the Department does not require the applicant to
designate any septic system envelopes on the proposed lots. However, it should be noted
that according to the geologic report conducted by Thomas W. Finley, dated December 9,
2003, seepage onto lots 1 thru 6 may be an issue when the lateral is flowing water. The
report also states that some of the systems may be required to be designed by an engineer.
However, given the proposed lot sizes, adequate area should be available to accommodate
these scenarios. In the future, the Box Elder Sanitation District may make sanitary sewer
service available in the vicinity of this development. Per the February 26, 2004, letter from
the District, sanitary sewer service does not appear to be feasible for this development in the
near future.
EXHIBIT
2004-1524 1
m� *i053
Resolution MZ-1053
Jeff Couch/Carlson
Page 2
D. Section 23-2-30.A.4 states "Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district." County Road 84
is classified by the County as a local gravel road and requires a minimum 60-foot right-of-
way.The right-of-way shall be verified and shown on the final plat. If the right-of-way cannot
be documented, it shall be dedicated on the final plat. This development will introduce
approximately 86 additional vehicle trips per day to the roadway system. The applicant will
be required to enter into an agreement with the County to proportionately share the cost of
improving County Road 84. The cost will be based on a proportion of the traffic generated
by the development to the existing traffic.
E. Section 23-2-30.A.5. states"That,in those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with the
applicable standards:"
1) The proposed change of zone does not lie within any overlay district identified by the
maps officially adopted by Weld County.
2) The applicant has indicated that they have retained all mineral rights on the property
and no leases exist. Further,the Engineering Geology Report,prepared by Thomas
W.Finley dated December 9,2003 submitted with the Sketch plan indicated that due
to the lack of aggregate resources, it was their opinion that the property was not
economical for commercial extraction of sand, gravel or quarry aggregate.
3) At the sketch plan phase,the Colorado Geological Survey indicated that the subject
property appeared to be suitable for residential construction provided that the
suggestions made in the Engineering Geology Report, prepared by Thomas W.
.-� Finley dated December 9, 2003, were followed.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Change of Zone from the A(Agricultural)to E(Estate)Zone for nine (9) lots is conditional upon
the following:
1. Prior to recording the Change of Zone Plat:
A. County Road 84 is classified by the County as a local road and requires a 60-foot
right-of-way. The applicant shall verify the existing right-of-way and the documents creating
the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be
verified, it will be dedicated on the final plat. (Department of Public Works)
B. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1053. (Department of Planning Services)
2) The proposed entryway detail. (Department of Planning Services)
3) The location of a development sign in accordance with Section 23-4-80 of the Weld
County Code, if applicable. (Department of Planning Services)
4) "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat. (Departments of Planning Services and
Public Health and Environment)
C. The Change of Zone is conditional upon the following and each shall be placed on the
Change of Zone plat as notes:
_.. _.. . .. ..
Resolution MZ-1053
Jeff Couch/Carlson
Page 3
1) The Change of Zone allows for Estate uses and shall comply with the Estate Zone
District requirements as set forth in Section 23 of the Weld County Code. The Minor
Subdivision shall consist of nine (9) residential lots. (Department of Planning
Services)
2) Water service shall be obtained from the North Weld County Water District.
(Department of Public Health and Environment)
3) Sewage disposal shall be by septic systems designed in accordance with the
guidelines 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. Each septic system
shall be designed for site-specific conditions, including but not limited to maximum
seasonal high groundwater, poor soils,and shall bedrock. Additionally, all systems
must meet all setbacks as outlined in the Weld County Code. (Department of Public
Health and Environment)
4) 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)
5) During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted. (Department of Public Health and Environment)
6) In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods that are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
7) If land development creates more than a 25-acre contiguous disturbance, or
exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
control plan,submit an air pollution emissions notice,and apply for a permit from the
Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
8) Weld County's Right to Farm,as stated on this plat,shall be recognized at all times.
(Department of Planning Services)
9) The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works,Public Health and Environment,and Planning
Services. (Department of Planning Services)
10) Weld County Government personnel shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property
comply with the Development Standards stated herein and all applicable Weld
County Regulations. (Department of Planning Services)
11) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
12) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
Resolution MZ-1053
Jeff Couch/Carlson
Page 4
13) A Home Owner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The Association
is responsible for liability insurance,taxes and maintenance of open space, streets,
private utilities and other facilities along with the enforcement of covenants.
(Department of Planning Services)
14) No development activity shall commence on the property, nor shall any building
permits be issued on the property until the final plan has been approved and
recorded. (Department of Planning Services)
15) Building permits shall be obtained prior to the construction of any building. Building
permits are required for the principle dwelling and for buildings accessory to the
principle dwelling. (Building Inspection)
16) A plan review is required for each building. Two complete sets of plans are required
when applying for each permit. (Building Inspection)
17) 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;2003 International
Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Building Inspection)
18) 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)
19) Fire resistance of walls and openings,construction requirements,maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code. (Building
Inspection)
20) 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)
21) All landscaping within the sight distance triangles must be less than 31feet in height
at maturity. (Department of Public Works)
22) Construction on site shall follow the suggestions made in the Engineering Geology
Report, prepared by Thomas W. Finley dated December 9, 2003. (Colorado
Geological Survey)
23) The Weld County Sheriffs Office has limited traffic enforement powers on roadways
with subdivision which are not adopted by the county. (Sheriffs Office)
24) Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use on
the adjacent properties. (Department of Planning Services)
25) Prior to the issuance of building permits, the applicant shall submit construction
plans for the utilities showing the location of fire hydrants, the size of water mains
and available fire flows to the Poudre Fire Authority for review.(Mountain View Fire
Protection District)
Resolution MZ-1053
Jeff Couch/Carlson
Page 5
D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the paper copies the
applicant shall submit a Mylar plat and a digital file of all drawings associated with the
Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ...
(Group 6 is not acceptable).The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services'Staff.The Mylar plat and additional
requirements shall be submitted within thirty(30)days from the date of the Board of County
Commissioners approval. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
2. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence from School
District RE-4 which indicates that all district requirements have been met. (Department of
Planning Services)
B. In a referral dated April 19, 2004, the Weld County Sheriff's Office has indicated concerns.
The applicant shall submit in writing how each of the concerns will be mitigated.(Department
of Planning Services)
C. The Change of Zone application includes an entryway detail with a bus shelter and mailbox
location.The applicant shall submit evidence that School District RE-4 and the Postal Service
have approved the location of these structures. Any requested changes shall be submitted
with the Final Plan application for review and approval. (Department of Planning Services)
D. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Departments of Public Works and Planning
Services)
E. The applicant shall submit covenants for Prairie Ridge Estates. The covenants shall be
approved by the Weld County Attorney's Office prior to recording the final plat. As required
by the Poudre Fire Authority, covenants shall include language which requires address
numerals shall be visible from the street fronting the property, and posted with a minimum
of 6 inch numerals on a contrasting background as well as limitations on vinyl fencing as
requested by the North Poudre Irrigation Company. (Department of Planning Services)
F. The applicant shall submit information regarding the creation of the Home Owners
Association. (Department of Planning Services)
G. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District, Ambulance Service and Sheriffs Office. (Department of
Planning Services)
H. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
County Road 84 is classified by the County as a local road and requires a 60-foot right-of-
way. If the right-of-way cannot be verified, it will be dedicated on the final plat. (Department
of Public Works)
J. County Road 84 is a gravel road. The applicant will be asked to enter into an agreement with
the County to proportionately share the cost of improvements. The cost will be based on a
proportion of the traffic generated by the proposed development to existing traffic. The
applicant must submit a proposed agreement with the final plan application. (Department of
Public Works)
Resolution MZ-1053
Jeff Couch/Carlson
Page 6
K. Stop signs and street name sign locations must be shown on the final roadway construction
plans. (Department of Public Works)
L. Intersection sight distance triangles at the development entrance will be required. All
landscaping within the triangles must be less than 3%feet in height at maturity, and noted
on the final roadway plans. (Department of Public Works)
M. The applicant shall submit to Public Works stamped, signed and dated final plat drawings
and roadway/construction & grading plan drawings for review (with the final application).
Construction details must be included. This is consistent with County Code: Sec. 24-3-50,
"The minor subdivision final plat submitted shall contain the original signatures and seals of
all parties required." (Department of Public Works)
N. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Planning Services)
O. 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
P. 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
Q. The applicant shall prepare a construction detail for typical lot grading with respect to
drainage for the final application. Front,rear and side slopes around building envelopes must
be addressed. In addition, drainage for rear and side lot line swales shall be considered.
Building envelopes must be planned to avoid storm water flows, while taking into account
adjacent drainage mitigation. This is important since Cactus Hill Ditch is located on the uphill
side of the proposed development. (Department of Public Works)
R. The applicant has indicating 15 foot easement adjacent to the ditch. The North Poudre
Irrigation Company has stated that a 25 foot easement is necessary. The applicant shall
contact the Irrigation Company to discuss possible mitigation of their concerns.A written plan
for mitigation shall be included with the final plan application. (Department of Public Works
and Planning Services)
S. Final drainage construction and erosion control plans (conforming to the drainage report)
stamped,signed and dated bya professional engineer licensed in the State of Colorado shall
be submitted with the final plan application. (Department of Public Works)
T. The applicant shall submit plans for the fire protection infrastructure and the emergency
access to the Poudre Fire Authority for review and approval. Evidence of approval shall be
included in the Final Plan submittal. (Departments of Planning Services and Public Works)
U. Prior to recording the final plat, the applicant shall submit a digital file of all drawings
associated with the Final Plan application. Acceptable CAD formats are.dwg, .dxf,and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ...
(Group 6 is not acceptable). (Department of Planning Services)
Motion seconded by Bruce Fitzgerald
Resolution MZ-1053
Jeff Couch/Carlson
Page 7
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Chad Auer
Tonya Strobel
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 May 4, 2004.
Dated the 4'h of May, 2004.
Voneen Macklin
Secretary
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