HomeMy WebLinkAbout20030041.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-592
APPLICANT: Weld County Land LLC
PLANNER: Lauren Light
LEGAL DESCRIPTION: E2 of Section 33,T2N, R68W of the 6th P.M.,Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD (Planned Unit Development)..
LOCATION: West of and adjacent to WCR 7; north of and adjacent to State Highway 52; south of and
adjacent to WCR 16.
be recommended for denial to the Board of County Commissioners for the following reasons:
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are not in compliance with the application requirements of Section 27-5-30
of the Weld County Code.
2. The submitted materials are not in compliance with Section 27.6.120 of the Weld County Code as
follows:
A. Section 27-6-120.B.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 not consistent with the
aforementioned documents as follows:
1) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which
includes a residential use should provide common open space free of buildings,
streets,driveways or parking areas. The common open space should be designed
and located to be easily accessible to all the residents of the project and usable for
open space and recreation..." The application indicates 8.5 acres of open space
with an additional 37 acres designated as conservation easement and 1.5 miles of
trials. There are no trails indicated on the plat nor does 8.5 acres of open space
meet the minimum requirement of 15% open space. There is not any information
included which indicates how the conservation easement will be managed nor how
the open space will be irrigated. The application as submitted is not consistent with
Section 22-2-190.D.2.b of the Weld County Code.
2) Section 22-3-50.B.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 Left Hand Water District for
potable water and fire protection requirements. Individual sewage disposal systems
will handle the effluent flow. Based upon information provided by Colorado
Geological Survey as well as Weld County Department of Public Health and
Environment there are poor quality soils as well as slope and irrigation ditch issues
which may deem some lots non-buildable. Due to the above concerns Section 22-
3-50.B.1 of the Weld County Code can not be met with this application.
B. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will not
conform with all of the Performance Standards of the PUD Zone District contained in Article
II, Chapter 27 of the Weld County Code.
EXHIBIT
2003-0041
CO-& gf55Z72
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Section 27-2-30, Buffering and Screening -As indicated in the referral response received
from the Landscape Architect with the Department of Planning Services, insufficient
information was received in the application to indicate if the buffering and screening
requirements have been met.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District except for minimum lot size which will be two
(2)acres. There are also several minor deviations from uses allowed-by-right as well as by
special review.
Section 27-2-60, Common Open Space - As indicated previously in this report there was
insufficient documentation provided with the application which demonstrates how the
common open space requirement has been met. The required 15% open space is not
delinated nor are trails which connect from each lot to the open space.
Section 27-2-74,Conservation area and Section 27-2-76 Conservation Easement-Although
the application indicates 37 acres as a conservation easement, the land is included in the
individual lot calculations and no information was provided with the application materials
which indicates how the conservation easement will be administered. Typically
conservation easements are not included on individual lots which can be further developed.
Section 27-2-80, Design standards — The Weld County Department of Public Works is
requiring a final drainage plan which adequately addresses all issues associated with the
proposal at the time of final plat submittal. There are numerous issues relating to roadway
design which are stipulated in the referral from Public Works dated October 16,2002. The
property is located on the Erie strip mine. There is a possibility mine shafts exist under the
parcel. There are also soil limitations on site due to poor quality soils which may affect
construction of roads, construction of structures, specifically basements and installation of
septic systems.
Section 27-2-140, Nonurban scale development and 27-2-190 Urban scale development-
The application is proposing an urban scale development outside of an urban growth
boundary. The application does not meet the definition of a non-urban scale development.
Section 27-2-176,Sewer provisions - The Weld County Department of Public Health and
Environment would prefer to see this development served by municipal sanitary sewer.
Their recommendation is based on poor soil conditions, setbacks to ditches, ponds and
wetland areas and not enough area for development.
The applicant has met the remaining performance standards as delineated in Section 27-2-
10. The Conditions of Approval and Development Standards partially ensure compliance
with Sections 27-2-20 through 27-2-220 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. The Towns of
Erie, Frederick and Dacono indicated no conflicts with their interests.
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 Left Hand Water
District for potable water and fire protection requirements. The Weld County Attorney's
Office has indicated that the applicant has shown adequate water service. Individual
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sewage disposal systems will handle the effluent flow. The Weld County Department of
Public Health and Environment has indicated in a referral response dated July 10,2002 that
the application has satisfied Chapter 27 of the Weld County Code in regard to sewer
service. However, the Weld County Department of Public Health and Environment is
recommending municipal sanitary sewer serve the site due to reasons previously outlined
in this report.
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 Public Works Department has reviewed the proposal and has required
numerous items to be addressed according to the referral dated October 16, 2002. A
professional traffic impact analysis shall be submitted with the final plat.
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.
The Weld County Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld
County Code for improvements to The Pointe PUD and all on-site and off-site
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.
The Weld County Department of Public Works stated that a final drainage report and
construction plans,conforming to the drainage report, shall be approved prior to recording
final plat. As noted previously, soils onsite are of poor quality.
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 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 is
not in agreement with this request as there are to many issues that require resolution.
The denial recommendation is based upon non-compliance with Chapter 27 requirements. If the application
is approved the following conditions are recommended:
The Change of Zone from A(Agricultural)to PUD for 37 lots with Estate Zone Uses along with 8.5 acres of
open space is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PZ-592. (Department of Planning Services)
2) Adhere to Section 27-9-20 of the Weld County Code which outlines the
requirements for the Change of Zone plat. (Department of Planning Services)
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3) Indicate the area for bus stop/ mail box location as required by Weld County
Department of Public Works. (Department of Public Works, Department of
Planning Services)
4) Provide 15% common, usable open space. (Department of Planning Services)
5) Indicate the trail network. (Department of Planning Services)
6) Any signage shall be indicated. (Department of Planning Services)
7) Include all items required by the Weld County Department of Public Works as
identified in the memo dated October 16, 2002. (Department of Public Works)
8) All outlots shall be appropriately numbered. (Department of Planning Services)
9) Remove the conservation easement area or reconfigure the lots so the
conservation easement does not encumber the individual lots. (Department of
Planning Services)
10) Three copies of the plat shall be submitted to the Weld County Department of
Planning Services. Weld County Departments of Planning Services,Public Works
and Public Health and Environment will review and approve the plat. Written
evidence of approval of the plat from all departments shall be provided to the
Department of Planning Services by the applicant. (Department of Planning
Services)
B. The applicant shall provide written evidence that their property is not bisected by the parcel
owned by the Billings. (Department of Planning Services)
C. The applicant shall address the concerns of the Weld County Sheriff's Department as stated
in a memo dated August 19, 2002 and incorporate remedies for these concerns. Written
evidence of a solution, signed by the Weld County Sheriffs Department, shall be provided
to the Department of Planning Services. (Weld County Sheriff's Office)
D. The applicant shall address the concerns of the Weld County Department of Public Health
and Environment as stated in a memo dated July 10, 2002 and a referral dated October
24,2002. Written evidence of a solution,signed by the Weld County Department of Public
Health and Environment, shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
E. The applicant shall address the concerns of the Weld County Department of Planning
Services Landscape Architect as stated in a memo dated August 28,2002 and incorporate
remedies for the concerns. Written evidence of a solution, signed by the Landscape
Architect, shall be provided to the Department of Planning Services. (Department of
Planning Services)
F. The applicant shall address the concerns of the Saint Vrain Valley School District as stated
in the referral response dated September 5, 2002 and incorporate remedies for their
concerns. Written evidence of a solution, signed by the Saint Vrain Valley School District,
shall be provided to the Department of Planning Services. (Saint Vrain Valley School
District)
G. The applicant shall address the concerns of the Colorado Geological Survey as stated in a
referral response dated August 30, 2002 and incorporate remedies for their concerns.
Written evidence of a solution, signed by Colorado Geological Survey, shall be provided to
the Department of Planning Services. (Colorado Geological Survey)
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H. The applicant shall address the concerns of the Mountain View Fire Protection District as
stated in a referral response dated August 23,2002. Written evidence from Mountain View
Fire Protection District of such shall be provided to the Department of Planning Services.
(Department of Planning Services)
The applicant shall submit to the Weld County Department of Planning Services an
agreement signed by the Lower Boulder Ditch Company and the applicant. (Department
of Planning Services)
J. The applicant shall submit a Landscape Plan which addresses all issues listed on the
memorandum dated August 28,2002 from Kim Ogle,Planner III. (Department of Planning
Services)
K. The applicant shall provide written evidence to the Weld County Department of Planning
Services indicating how irrigation water will be provided to the open space and which entity
will provide the water. (Department of Planning Services)
L. The applicant shall submit to the Weld County Department of Planning Services an
agreement signed by all mineral owners indicating their concerns have been addressed.
Patina Oil and Gas shall be included in the agreement. (Department of Planning Services)
M. The applicant shall submit in writing to the Weld County Department of Planning Services
documentation signed by Anadarko E&P that the verifies the terms of the agreement
between the two entities is being adhered to. (Department of Planning Services)
N. The applicant shall submit in writing to the Weld County Department of Planning Services
documentation signed by the Colorado Department of Transportation which indicates the
access permit for the 8 southern lots is valid even though Prospector Circle intersects with
Stagecoach Drive so there is the potential more than 8 lots will utilize the access to State
Highway 52. (Department of Planning Services)
O. The applicant shall submit to the Weld County Attorneys Office and the Department of
Planning Services documentation that indicates how the proposed conservation easement
will be administered and where the conservation easement will be located on the property.
(Department of Planning Services)
P. A septic system Management Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval. Written evidence of approval of
the plan shall be submitted by the applicant to the Department of Planning Services.
(Department of Public Health and Environment, Department of Planning Services)
2. 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
thirty-seven (37) residential lots along with 28 acres of open space as indicated in the
application materials on file in the Department of Planning Services. The PUD will adhere
to the uses allowed in the E (Estate)Zone District except for minimum lot size which will
be two(2)acres and the specific uses as indicated in application materials provided by the
developer.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. Water service shall be obtained from Left Hand Water District.(Department of Public Health
and Environment)
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C. 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. Septic systems shall be designed for site-
specific conditions,including but not limited to,poor percolation rates,shallow groundwater,
bedrock, gravel and/or clay soils. (Department of Public Health and Environment)
D. Preservation and/or protection of the absorption field envelopes shall require that permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in the
absorption field site. (Department of Public Health and Environment)
E. 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)
F. 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)
G. 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 which are technologically feasible and economically reasonable in order
to minimize dust emissions. (Department of Public Health and Environment)
H. 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)
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)
J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
K. A geohazard permit is required for construction located in the moderate to severe
geohazard area. (Department of Planning Services)
L. Oil and gas facilities within the subdivision must be fenced to avoid tampering. (Sheriff's
Office)
M. 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)
N. Building permits shall be obtained prior to the construction of any building or structure.
Including structures such a s bus s top shelters and gazebos. (Department o f B uilding
Inspection)
O. 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
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each permit. (Department of Building Inspection)
P. 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, 1999 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
Q. Each building will require an engineered foundation based on a site-specific geotechnical
report. Engineered foundations s hall b e designed by a C olorado r egistered a ngineer.
(Department of Building Inspection)
R. 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. (For
residential occupancies, walls shall be protected with one-hour fire resistive construction
within three feet of property lines and openings are not permitted within three feet of
property lines) 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. (Department of Building Inspection)
S. 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. Property pins shall be clearly identified and staked and all
property lines shall be marked by string lines stretched between pins or by other approved
means. Approved building and foundation plans shall be on the site and available to
inspectors for each inspection. (Department of Building Inspection)
T. All items identified as notes from the referral dated October 16,2002 from the Department
of Public Works. (Department of Public Works)
U. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
V. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
W. Personnel from the Weld County Departments of Public Health and Environment,Planning
Services' and Public Works 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)
X. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, Planning Services and
adopted Weld County Code and Policies. (Department of Planning Services)
Y. 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)
Z. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to
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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 thatthe 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)
AA. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
3. 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)
4. At the time of Final Plan submission:
A. Include all items required by the Weld County Department of Public Works as identified in
the memo dated October 16, 2002. (Department of Public Works)
B. Easements shall b e shown i n a ccordance with C ounty standards a nd/or Utility B oard
recommendations, and dimensioned on the final plat.(Department of Public Works,
Department of Planning Services)
C. The conveyance of property to the Erie and Coal Creek Ditch and reservoir company shall
be identified on the final plat. A signed and recorded copy of the warranty deed which
conveys the property shall be provided to the Department of Planning Services.
(Department of Planning Services)
D. The applicant shall submit an on-site (Private) and off-site (Public) Improvements
Agreement with the final plat application that addresses all improvements associated with
this development, per compliance with Section 24-9-10 of the Weld County Code.
(Department of Planning Services, Department of Public Works)
E. The applicant shall submit an approved final Landscape Plan which addresses the concerns
of the landscape architect as noted in the referral dated August 28,2002. The Landscape
Plan shall conform to Section 27-9-30 of the Weld County Code. (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. The applicant shall submit development covenants for The Pointe PUD. 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 or other items are expressly prohibited in the
absorption field site. (Department of Public Health and Environment, Department of
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Planning Services)
H. 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 Mountain View Fire Protection District, the Weld County Sheriff's Office,
the Weld County Ambulance Services Department and the Post Office for review and
approval. (Department of Planning Services)
The final plat shall include a common mail/bus pick-up area in accordance with the
requirements stipulated by the Weld County Department of Public Works as identified in the
memo dated October 16, 2002. Evidence shall be provided to Weld County Department
of Planning Services from the applicable Post Office stating that this location meets their
design standards and delivery requirements. Should a single pedestal mail box not be the
preferred standard, written evidence from the applicable Post Office shall be provided
stating the contrary. (Department of Planning Services)
J. The applicant shall contact the Saint Vrain School District,to finalize a bus pick-up location,
shelter and an agreement for payment of cash in lieu of land dedication. Written evidence
of compliance with all School Districts standards and requirements shall be submitted to the
Department of Planning Services prior to recording the final plat. (Department of Planning
Services)
K. The applicant shall submit evidence of inclusion into the Northern Colorado Water
Conservation District. (Department of Planning Services)
L. At the time of recording, 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)
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Motion seconded by Cathy Clamp
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 November 5, 2002.
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Dated the 5`" of November, 2002.
lats
Voneen Macklin
Secretary
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