HomeMy WebLinkAbout20030071.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY
COMMISSIONERS
Moved by John Folsom,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-552
APPLICANT: William & Dolores Roberts
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Lots A and B of RE-2342; being part of the SE4 of Section 30, T6N, R66W
of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from the A (Agricultural) to Planned Unit Development
(PUD) with E (Estate) Zone uses for Ten (10) Residential Lots and 51+/-
Acres Common Open Space on 80+/-Acres.
LOCATION: South of and adjacent to WCR 64 '/z and West of WCR 27.
be recommended 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 Section 27-6-120. 6.of the Weld County Code
as follows:
A. Section 27-6-120.B.6.a.The proposal is inconsistent with Chapters 22,23,24 and 27 of the
Weld County Code.
Section 22-2-190.A. PUD. Goal 1 states, maintain land use regulations that allow County
officials to review development proposals which allow County officials to review
development proposals which combine uses by right in two (2) or more zone
districts, or which in some manner qualify as a planned unit development according to the
definition set forth in Section 24-1-40 of this Code. The proposed number of ten (10) lots
exceeds the definition of non-urban scale development contained in Section 24-1-40.
Section 22-2-170.C.2.b R. Policy 3.2 states, "New Residential development should
demonstrate compatibility with existing surrounding land-use...". The existing
surrounding land uses include predominantly agricultural uses and associated rural
residential uses. Urban scale development may conflict with these existing uses.
Section 22-2-170.C.2. R. Policy 3.states,"The County should encourage a compact form
of urban development by directing residential growth to urban growth
boundary areas and to those areas where urban services are already available
before committing alternate areas to residential use.
Sections 23-1-90 & 24-1-40. Definitions - Urban Scale Development. DEVELOPMENTS
exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions,
municipal boundaries o r urban growth corridors and boundaries. A II URBAN S CALE
DEVELOPMENTS shall pave the internal road systems of the DEVELOPMENTS. URBAN
SCALE DEVELOPMENT requires support services such as central water, sewer systems,
road networks, park and recreation facilities and programs, and storm drainage. This
definition does not affect or apply to those Coordinated Planning Agreements between the
County and municipalities which are in effect as of May 14, 2001. The applicant is
proposing ten (10) lots. EXHIBIT
OM #552.
003-OUP
Resolution PZ-552
William & Dolores Roberts
Page 2
Section 24-1-30 H. Promotes "equitable handling of all subdivision plans by providing
uniform procedures and standards." The Board of County Commissioners in Ordinance
2002-1 dated March 15,2001 stated that non-urban scale development to nine lots or fewer.
The applicant is proposing urban scale development in a non-urban area.
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 A(Agricultural)to PUD with Estate Zone uses for Ten (10) Residential Lots, 51
+/- acres of open space, is conditional upon the following:
1. The Change of Zone plat shall meet all requirements of Section 27-9-20 and shall be arraclal
to delineate the following:
A. Primary and secondary septic system envelopes shall be designated on the plat. Each
envelope must meet minimum current setbacks as specified in the Weld County
Individual Sewage Disposal System Regulations. (Department of Public Health and
Environment)
B. The Landscape Plan and Maintenance Schedule as approved by the Department
of Planning Services.The Landscape Plan shall adhere to the requirements of Section 27-6-
60 of the Weld County Code. (Department of Planning Services)
C. The applicant shall dimension the parking area shown on the change of zone plat, as well
as identify the type and number of vehicles to be parked in this area. The applicant shall
designate the name of the PUD on the Change of Zone Plat.The applicant shall provide a
confirmation letter from the power line owner regarding right-of-way / easements of this
utility at change of zone and delineate such easements on the Change of Zone plat. A
professional traffic impact analysis is not required (Department of Public Works)
D. The applicant shall dedicate right-of-way for improvements to the roadway curve linking CR
27 and CR 64 1/2 on the final plat. The applicant shall dimension this curvature to include
curve/radius data on the change of zone and final plats. (Department of Public Works)
E. The Department of Public Works has designated County Road (CR)27 as a paved arterial
roadway requiring 140 feet of right-of-way. A total of seventy(70)feet from the centerline
of CR 27sha11 be delineated on the plat.The applicant shall verify the existing right-of-way,
noting the inception documents 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)
F. The Department of Public Works has designated County Road (CR) 64 1/2 as a paved
collector roadway requiring 80 feet of right-of-way. A total of forty (40) feet from the
centerline of CR 64 1/2 shall be delineated on the plat.The applicant shall verify the existing
right-of-way,noting the inception documents 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)
G. The typical cross-section of the paved internal road system that identifies the width and
depth of pavement, shoulders, drainage ditches and rights-of-way shall be shown on the
plat. (Department of Public Works)
H. All future signs including entrance signs,street signs,stop signs and street names shall be
delineated on the plat. Intersection sight distance triangles at the development entrances
r.. Resolution PZ-552
William & Dolores Roberts
Page 3
will be required. All landscaping within the triangles must be less than 3%feet in height at maturity,
and noted on the change of zone plat.The name of the street shall not conflict with any other street
within the servicing United States Postal area.(Departments of Planning Services and Public Works)
Internal roads shall meet Weld County criteria for a PUD. The internal roadway right-of-way
shall be 60-feet in width including cul-de-sacs with a 65-foot radius, and dedicated to the
public. The typical roadway cross-section shall 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. Stop signs and street name signs will be required at all
intersections. The applicant shall provide a pavement design prepared by a professional
engineer along with the final plat submittal.(Department of Public Works)
3. Prior to recording the Change of Zone Plat:
A. The applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, .dgn, (Microstation) acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and Arcinfo 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. 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 PUD shall consist of ten (10) residential lots, with 51+/- acres of open space. The
Change of Zone allows for Estate Zone District bulk requirements and uses on the
residential lots and Agricultural Zone District bulk requirements, as indicated in the
application materials o n file i n the Department o f Planning Services and subject and
governed by the Conditions of Approval stated hereon and all applicable Weld County
Regulations. (Department of Planning Services)
B. Water service shall be provided by the North Weld County Water District. (Department of
Public Health and Environment)
C. A Weld County septic permit is required for each proposed septic system, which shall be
installed in according 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 groundwater,poor soils,and shallow bedrock. (Department of
Public Health and Environment)
D. Primary and secondary septic system envelopes shall be designated on each lot. Each
envelope must meet minimum current setbacks as specified in Chapter 30 of the Weld
County Code. (Department of Public Health and Environment)
E. Language for the preservation and/or protection of the second absorption field envelope
shall be placed on all recorded plats and 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)
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
Resolution PZ-552
William & Dolores Roberts
Page 4
construction phase of the project. (Department of Public Health and Environment)
G. 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)
H. 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)
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)
J. The internal roadway shall be paved. The cul-de-sac edge of pavement radius shall be fifty
(50) feet. The minimum paved roadway section is two 12-foot lanes with two four-foot
shoulders.The shoulders shall maintain the 2%cross slope.(Department of Public Works)
K. A Home Owner's Association (HOA) s hall be established prior to the sale of any lot.
Membership in the HOA is mandatory for each parcel owner. The HOA 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)
L. The site shall maintain compliance at all times with the requirements of the Weld County
Department of Public Works,Weld County Department of Public Health and Environment,
and the Weld County Department of Planning Services. (Department of Planning Services)
M. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
N. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County Code shall be
recognized at all times. (Department of Planning Services)
O. Building Permits shall be obtained prior to any construction. A separate permit will be
required for each structure. (Department of Building Inspection)
P. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two(2)complete sets of plans are required when applying
for a permit. (Department of Building Inspection)
Q. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following codes have been adopted by Weld County: 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)
R. Each building will require an engineered foundation based on a site-specific geo-
technical report or an "open hole" inspection conducted by a Colorado Registered
Professional Engineer. Engineered foundations shall be designed by a Professional
Resolution PZ-552
William & Dolores Roberts
Page 5
Engineer registered in the State of Colorado. (Department of Building Inspection)
S. Building height shall be limited to the maximum height allowed by 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 Chapter 23 of the
Weld County Code. (Department of Building Inspection)
T. 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 to determine compliance with offset and setback requirements.
Offset and setbacks are measured from the farthest projection from the building. An ILC
(Improvement Lot Certificate)will be required for each building showing the building height
as measured according to Chapter 23 of the Weld County Code as well as offset and
setback distances to property lines. The ILC bearing the stamp of a Colorado registered
engineer or the certification of a Colorado registered surveyor,will be required prior to frame
inspection. (Department of Building Inspection)
U. A Flood Hazard Development Permit shall be submitted for buildings constructed within the
100-year flood plain. As necessary, all construction or improvements occurring in the flood
plain as delineated on Federal Emergency Management Agency FIRM Community Panel
Map 080266 0608C dated September 28, 1982,shall comply with the Flood Hazard Overlay
District requirements of Section 23-5, Division 3 of the Weld County Code. (Department
of Planning Services)
V. Any signs located on the property shall require building permits and adhere to Section 27-6-
90 of the Weld County Code. (Department of Planning Services)
W. No development activity shall commence on the property, nor shall any building permits be
issued on the property until the final plan as been approved and recorded. (Department of
Planning Services)
X. The property owner shall be responsible for complying with all regulations and requirements
of Section 27 of the Weld County Code including the Performance Standards listed in
Article II and Article VIII. (Department of Planning Services)
Y. 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 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)
5. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code and Resolution
^ Resolution PZ-552
William & Dolores Roberts
Page 6
shall specifically address the following:
A. The Final Plan application shall include a complete Improvements Agreement in
accordance with Section 24-9-10 of the Weld County Code. The agreement shall include
the internal road, any trails, landscaping and any other appropriate construction elements.
The applicant shall indicate if the road maintenance will be the responsibility of the Home
Owner's Association or if the applicant will request that the road be placed on the County
Road System. The On-site Improvements agreement shall address the removal of the
existing home on Lot 3. (Departments of Planning Services, Public Works)
B. The Final Plan application shall specify the Home Owner's Association's method of
trail, open space and/or landscape maintenance in accordance with the approved
Landscape Plan. (Department of Planning Services)
C. The Home Owner's Association and Covenants shall be approved by the Weld County
Attorney's Office prior to recording the final plat. (Department of Planning Services)
D. Language for the preservation and/or protection of the second absorption field envelope
shall be placed in the development covenants. The covenants shall state that activities
such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary
structures, dirt mounds, etc.) are expressly prohibited in the designated absorption field
site. (Department of Public Health and Environment)
E. A fifteen (15) foot perimeter and ten (10) foot lot line easement is required for utilities on
each lot. This shall be delineated on the final plat map. (Department of Planning Services)
F. The applicant shall provide a pavement design prepared by a professional engineer along
with the final plat submittal. Roadway and grading plans along with construction details will
be required with the final plat submittal. Easements shall be shown in accordance with
County standards and/or Utility Board recommendations,also dimensioned on the final plat.
(Department of Public Works)
G. The Preliminary Drainage Report dated September 2002, by Rocky Mountain Consultants,
Inc., is acceptable in concept. The Engineers Certification page states that this is the final
report. The Preliminary Drainage Report used the 10-year storm for design calculations as
stated in the conclusion. County Code requires using the 5-year storm for this development.
The applicant shall make the appropriate corrections. A final drainage report stamped,
signed and dated by a professional engineer licensed in the State of Colorado shall be
submitted with the final plat 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. The final
drainage report shall research and document FEMA maps to determine if flood hazards
exist. The drainage report states that the lake overflow will discharge into Whitney Ditch.
Any probable increase of drainage into an irrigation system shall be corroborated with the
appropriate owner. The applicant shall provide a confirmation letter from the ditch owner
addressing this issue along with the final plat application. The applicant shall verify the
Whitney Ditch easement on the final plat and provide a confirmation I etter from the
company. Final drainage construction plans, conforming to the drainage report, shall be
submitted with the final plat application. (Department of Public Works)
Resolution PZ-552
William Roberts
Page 7
H. Evidence shall be submitted to the Department of Planning Services that the concerns of
the Weld County Sheriffs Office as stated in the referral response dated 9/25/02 have been
addressed and approved. (Department of Planning Services)
Evidence shall be submitted of the applicant's attempt to address the requirements
(concerns)of Windsor Severance Fire Protection District,as stated in the referral response
received 10/7/02. (Department of Planning Services)
J. Evidence shall be submitted to the Department of Planning Services that the requirements
of the School District RE-4 as stated in the referral response received 9/18/02 have been
met. (Department of Planning Services)
K. Evidence of an approved Augmentation or Substitute Supply Plan as outlined in the
Colorado Division of Water Resources referral of 10/7/02 shall be provided to the
Department of Planning Services.
6. Prior to submittal of the Final Plan plat:
A. 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)
7. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the appropriate location
adjacent to the entrance of the subdivision.
B. A geologic study, drainage study and soils report shall be supplied to Weld County
Building Inspections with blueprints when applying for building permits.
C. The applicant shall provide evidence from the Colorado Division of Minerals and Geology
of completion of all reclamation activities as well as request a Vacation of Use by Special
Review (USR) -1124 in conjunction with the application for Final Plat. (Department of
Planning Services)
Motion seconded by Bryant Gimlin
Resolution PZ-552
William & Dolores Roberts
Page 8
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 19, 2002.
r'` Dated the 19'h of November, 2002.
\.. Tlac.Y 1
Voneen Macklin
Secretary
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