HomeMy WebLinkAbout20040698 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, along with amendments to language for internal paving, 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-1035
APPLICANT: Morris Quick& Mark Holliday
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: E2 E2 NE4 of Section 6, Ti N, and part SE4 of Section 30, and part E2 E2
of Section 31, T2N, all in R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from Agricultural to PUD for an eight (8) lot residential
subdivision along with an 81.93 acre agricultural lot.
LOCATION: West of and adjacent to CR 39; north of and adjacent to State 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 27-5-30 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 not influenced by
an Inter-Governmental Agreement. The proposal is consistent with the aforementioned
.-. documents as follows:
1) Section 22-3-50.8.1, P.Goal "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 individual wells for water and
Individual sewage disposal systems will handle the effluent flow. In a referral dated
January 22, 2004,Weld County Department of Public Health and Environment has
indicated that the application has satisfied Chapter 27 of the Weld County Code in
regard to sewer service.
The Office of the State Engineer, Division of Water Resources has indicated in a
referral dated February 6, 2004, that the proposed water supply is adequate to
supply 0.54 acre-foot of water per residence along with water to irrigate 5,000 square
feet of lawn and garden.
2) Section 22-2-210.D, PUD.Goal 4 "Encourage creative approaches to land
development which will result in environments of district identity and character."The
application proposes a community designed for the owners of small airplanes.Platte
Valley Airpark PUD is adjacent to the site and homeowners will be utilizing the
existing runway.
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
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of the Weld County Code. utis,.
Section 2 7-2-40, Bulk requirements— The applicant has chosen t o adhere t o the bulk _
requirements of the E (Estate)Zone District for the eight (8) residential lots. The applicant
has indicated an exception to the maximum size allowed for accessory buildings to ensure
the airplane hangars can be adequately sized. The combined gross floor area of all i
accessory buildings shall not exceed eight percent(8%)of the total lot area, and in no case
shall such an accessory building exceed twice the gross floor area of the primary residence tor:'
on the lot except by variance.Outlot A shall adhere to the uses allowed in the A(Agricultural) t1
Zone District except no residential structures shall be allowed.
2004-0698
Resolution PZ-1035
Morris Quick
Page 2
Section 27-2-60, Common open space — The applicant has included an eighty-acre
agricultural outlot which may be considered to meet the intent of the common open space
requirement.
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 site is not influenced by an Inter-Governmental Agreement. Both the City of
Fort Lupton and Town of Hudson are within a three mile referral area. Both indicated no
conflict with the proposal.
D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
II the Weld County Code. The proposed PUD will be serviced by individual wells for water
and Individual Sewage Disposal Systems will handle the effluent flow. In a referral dated
January 22,2004,Weld County Department of Public Health and Environment has indicated
that the application has satisfied Chapter 27 of the Weld County Code in regard to sewer
service.
The Office of the State Engineer, Division of Water Resources has indicated in a referral
dated February 6,2004,that the proposed water supply is adequate to supply 0.54 acre-foot
of water per residence along with water to irrigate 5,000 square feet of lawn and garden.
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 Weld County Department
of Public Works has indicated that County Road 39 does not exist adjacent to this
development in the County's road inventory. County Road 39 is classified by the County as
a local road and requires a 60-foot right-of-way. The applicant proposed to dedicate a
30-foot right-of-way on the final plat. The applicant will be required to build the full section of
County Road 39 along the frontage of the residential property lots (including Lot 8) and up
to that portion of County Road 39 accepted by the County for maintenance. This is
consistent with County policy that developments provide improvements along the frontage
of residential lots at a minimum. Without this policy, there would be unimproved road
segments along County roads that front development. A temporary gravel turn around will
be allowed at the end of the pavement to the south of Lot 8. The Weld County Department
of Public Works has reviewed the proposal and has determined that the typical roadway
cross-section shown on the Street Plan & Profile is acceptable.
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.
At final plat the applicant is being required to enter into an agreement with the County to
proportionately share the cost of improving County Road 39 from the development up to
County Road 18. The cost will be based on a proportion of the traffic generated by the
development to existing traffic.The applicant is also required to enter into an Improvements
Agreement and post adequate collateral for onsite improvements.
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.
Resolution PZ-1035
Morris Quick
Page 3
The Engineering Geology Report for Red Baron Estates,dated February 13,2003,indicates
that it is not be economical to mine this site. The applicant is required to submit a weed
management plan with the final plan application.
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)
H. Section 27-6-120.6.h- Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Specific Development Guide does accurately reflect the performance
standards and allowed uses described in the proposed zone district,as described previously.
The applicant is requesting that the Final Plan be administratively reviewed. The Department
of Planning Services supports this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural)to PUD for Eight(8)residential lots and one(1)Agricultural Outlot
is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit to the Weld County Department of Planning Services a signed
copies of an agreements with the properties mineral owners/lessees which stipulates that oil
and gas activities have been adequately incorporated into the design of the site and that
mineral owners concerns have been mitigated or the applicant shall submit evidence that the
mineral owners concerns have been addressed. (Department of Planning Services)
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2. Prior to recording the Change of Zone plat:
A. The applicant must correct Sheet 2 of 7 and Sheet 7 of 7 for the County Road 39 Plan
Profile. Lot 9 is shown and there are only eight lots proposed for this development. The
asphalt and gravel portions of County Road 39 must be distinctly shown in contrast on the
roadway plans with given begin/end stations noted. The temporary turn around at the end
of County Road 39 must be shown and dimensioned on the roadway plans. (Department of
Public Works)
B. The applicant shall submit a letter requesting the vacation or USR-768, for a recreational
train facility. (Department of Planning Services)
C. The plat shall be amended as follows:
1) All pages of the plat shall be labeled PZ-1035. (Department of Planning Services)
2) State Highway 52 requires 100 feet north of the centerline. The applicant shall
reserve 100 feet north of the centerline for right-of-way on the plat. (Colorado
Department of Transportation)
3) "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 Public Health and
Environment and Planning Services)
4) The water cistern, taxiways and postal box shall all be located on open space.
(Department of Planning Services)
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D. 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:
Resolution PZ-1035
Morris Quick
Page 4
` - A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for
eight(8)residential lots and one(1)agricultural outlot as indicated in the application materials
on file in the Department of Planning Services. Lot 1 through 8 will adhere to the uses
allowed in the E(Estate)Zone District except the combined gross floor area of all accessory
buildings shall not exceed eight percent(8%)of the total lot area.And, in no case shall such
an accessory building exceed twice the gross floor area of the primary residence on the lot
except by variance. Outlot A shall adhere to the uses allowed in the A (Agricultural) Zone
District except no residential structures shall be allowed. 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. Animal units allowed on Lot 1 through, and including, Lot 8 lot may be further restricted by
the individual well permit. (Division of Water Resources)
C. Aircraft stored on the lots shall be limited to those owned and operated by the property
owner. (Department of Planning Services)
D. 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)
E. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
F. 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)
G. The Red Baron Estates Home Owners Association is responsible for ensuring that the
20,000 gallon water tank proposed for fire protection is full at all times. (Department of
Planning Services)
H. Water service shall be obtained from individual wells. (Department of Public Health and
Environment)
Water in the Denver Basin Aquifers is allocated based on a 100-year aquifer life under the
provisions of C.R.S. 37-90-137(4)(b)(I).The economic life of a water supply based on wells
in a given Denver Basin aquifer may be less than the 100 year indicated due to anticipated
water level declines. (Division of Water Resources)
J. Should an alternative renewable water source be necessary in the future, it will be the sole
responsibility of the Home Owners Association to obtain.(Department of Planning Services)
K. A well permit approved by the State Engineers Office shall be sold with each residential lot.
(Department of Planning Services)
L. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement,or modification of the system. (Department of Public Health and Environment)
M. Primary and secondary septic envelopes shall be placed on each lot. All septic system
envelopes must meet all setbacks, including the 100-foot setback to any well. (Department
of Public Health and Environment)
N. Activities such as permanent landscaping, structures, dirt mounds or other items are
expressly prohibited in the absorption field site. (Department of Public Health and
Environment)
Resolution PZ-1035
Morris Quick
Page 5
O. 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)
P. 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 Department of Public Health and Environment, a fugitive dust control plan
must be submitted. (Department of Public Health and Environment)
Q. 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)
R. 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)
S. The Weld County Sheriff's Office has limited traffic enforcement powers on roadways which
have not been adopted by the County for maintenance. (Sheriff's Office)
T. A separate building permit shall be obtained prior to the construction of any building.
Structures such as bus stops and entrance gates, if provided, require building permits.
(Department of Building Inspection)
U. 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. (Department of Building Inspection)
V. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 1997 Uniform
Building Code, 1998 International Mechanical Code, 1997 International Plumbing Code,2002
National Electrical Code and Chapter 29 of the Weld County Code. Weld County intends to
adopt the 2003 International Building, Residential, Mechanical, Plumbing and Fuel Gas
Codes on or about March 1, 2004. (Department of Building Inspection)
W. 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. (Department of Building
Inspection)
X. Building h eight, protection of walls and openings and separation of buildings of mixed
occupancy shall be in accordance with the Building Code. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
Y. 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)
Z. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
AA. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
Resolution PZ-1035
Morris Quick
Page 6
BB. 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)
CC. The site shall maintain compliance at all times with the requirements of the Weld County
Government and the adopted Weld County Code and Policies. (Department of Planning
Services)
DD. 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)
EE. 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)
FF. 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 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 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, Sheriff's
Office)
B. The applicant shall submit an on-site(Private) Improvements Agreement that addresses all
improvements associated with this development for review and approval. (Departments of
Planning Services and Public Works)
C. At the time of final plan submission, the applicant shall submit a proposed offsite
improvements agreement. The agreement must outline the construction of the full roadway
section of County Road 39 along the frontage of the residential property lots (including Lot
8) and up to that portion of County Road 39 currently accepted by the County for
maintenance.
Additionally, the agreement shall outline the cost of improving County Road 39 along the
entire proposed route (from the development up to County Road 18)with a stabilized base
to control dust based on proportional sharing. This stabilized base cost will be based on a
proportion of the traffic generated by the development to the existing background traffic.
Resolution PZ-1035
Morris Quick
Page 7
The Planning Commission approves a paving waiver based on the CODE.
(The Public Works Department agrees with the applicant's request for a paving waiver based
on the rural setting,a low anticipated traffic impact, and County Road 39 terminating in a cul-
de-sac adjacent to the development. (Department of Public Works)
D. The applicant shall submit to Public Works stamped, signed and dated final plat drawings.
(Department of Public Works)
E. In a letter included with the application, Weld Central School District indicated that they will
designate one location on either County Road 39 or State Highway 52 for a bus pick-up,and
that no specific accommodations will be necessary. At this time, County Road 39 does not
reach State Highway 52, therefore, this location is not an option. The applicant shall inform
the school district that a bus pick-up off of State Highway 52 is not an option. (Department
of Planning Services)
F. 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)
G. Easements shall be shown on the final plat in accordance with County standards
(Sec.24-7-60)and Utility Board recommendations. (Departments of Planning Services and
Public Works)
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 final drainage report must include the
following:
1) A map showing the drainage along the entire parcel(Outlot A)with respect to County
Road 39 as discussed in the report. The locations of the proposed future culverts
must be shown and noted on this drainage map.
2) A topographical map showing the 'big-picture' drainage of the surrounding area of
the proposed development, outline(s) of off-site drainage basins influencing the
building lots, and associated calculations. The 5-year storm and 100-year storm
drainage studies shall take into consideration off-site flows both entering and leaving
the development.
3) A description and consideration of roadside drainage along Parks Lane and County
Road 39. Stormwater flow(s) off-site must not exceed the 5-year storm rates per
County Code.
4) 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.
5) 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.(Department of Public
Works)
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 Hudson Fire Protection District, the Weld County Sheriff's Office, the Weld
County Ambulance Services Department and the Post Office for review and approval. The
final plat shall indicate an approved street name. (Department of Planning Services)
J. The preliminary covenants shall be amended as follows:
Resolution PZ-1035
Morris Quick
Page 8
1) Section 6:8 shall state that activities such as landscaping (i.e. planting of trees and
shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are
expressly prohibited in the designated absorption field sites.
2) Section 6.1 indicates that intergenerational auxiliary quarters or guest suite will be
allowed within the accessory buildings or detached. No water is available to serve
additional living quarters. The covenants will be amended to indicate that the
homeowners are allowed only one (1) single -family dwelling unit. Accessory
structures shall not be used on any basis as a dwelling or as overnight or temporary
housing for any person.
3) Section 7.5 states the owner must comply with the Weld County Zoning
requirements for maximum number of domestic animals of 1 per acre not to exceed
8 domestic animals per lot. This is inaccurate.According to the Weld County Code,
each lot would be allowed four(4)household pets of one species or a total of seven
(7) household pets of two (2) o r m ore species. Section 7.5 s hall b e a mended
accordingly. (Department of Planning Services)
K. The applicant shall submit 3 copies of the Bylaws and Articles of Incorporation for the
Homeowners Association for review and approval. (Department of Planning Services)
L. The applicant shall contact Ron Broda, Vegetation Weed Management Specialist with the
Weld County Public Works Department at (970) 356-4000 ext 3770 to develop a weed
management plan. The approved plan shall be included in the Final Plan application.
(Department of Planning Services)
6. Prior to recording the final plat:
A. Original copies of the approved covenants and Bylaws and Articles of Incorporation for the
Homeowners Association along with the appropriate recording fee (currently$6 for the first
page and $5 for subsequent pages) shall be submitted to the Weld County Department of
Planning Services. (Department of Planning Services)
B. The applicant shall enter into an on-site 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. The applicant shall submit evidence that well, permit no. 34275-F, has been re-permitted in
accordance with the water supply plan. (Department of Planning Services)
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)
7. Prior to the release of building permits:
A. The applicant shall submit evidence to the Departments of Planning Services and Building
Inspection indicating that Duke Energy has quit claimed and released to the record title owner
the portion of the existing pipeline right of way grant that was located on proposed Lots 1,2,
3, 7 and 8. (Department of Planning Services)
Motion seconded by Stephen Mokray
Resolution PZ-1035
Morris Quick
Page 9
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February, 2004.
Dated the 179' of February,2004.
U1 1 L
Voneen Macklin
Secretary
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