HomeMy WebLinkAbout20030358 /a . BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,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: AmPZ-539
APPLICANT: Floyd & Katharine Oliver
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Tract 1, Meadow Vale Farm 3r' Filing; being part of the SW4 of Section 4,
T2N, of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from PUD with Civic Uses to PUD with Residential Uses
and an Amended Final Plan.
LOCATION: East of and adjacent to WCR 5 '1; V2 mile North of State Hwy 119.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.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 proposal is consistent with the
aforementioned documents as follows:
1) The site currently lies within the Longmont Intergovernmental Agreement area.
Longmont indicated no conflicts with the proposal.
2) Section 22-2-230. (MUD.Goal 4) states "Facilities and infrastructure which are
included in this area should be evaluated in order to minimize discrepancies,
promote a better understanding of growth dynamics in the area, avoid duplication
of services, provide economies of scale and ensure coordination of municipal,
county, regional, state, and other growth policies and programs." The site was
considered for a trail head and a sheriff's office. These uses were established in
other locations within the MUD.
B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter
27 of the Weld County Code. The applicant has met the performance standards as
delineated in Article II, Chapter 27.
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 site currently lies within the Longmont
Intergovernmental Agreement area. Longmont indicated no conflicts with the proposal.
Further,the 1-25 Mixed Use Development Area Structural Land Use Plan Map 2.1,indicates
the site is planned for a residential use.
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
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2003-035£5
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Resolution AmPZ-539
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Floyd Oliver
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Article II the Weld County Code. As approved in the original application, the site will be
serviced by St. Vrain Sanitation District and Left Hand Water District .
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 indicated no concerns regarding street or highway facilities providing
access to the property.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable. An improvements agreement is not applicable to this proposal.
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. Effective January 1,2003, Building
Permits issued on the lot will be required to adhere to the fee structure of the Weld County
Road Impact Program Area 3. (Chapter 20, Article I of the Weld County Code)
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.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural)to PUD for 9 lots with Estate Zone Uses along with 9.4 acres of
open space is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The plat shall be labeled: AMPZ-539
B. Tract 1 shall be labeled Lot 1, Block 4
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 PUD with Civic Uses to
PUD with a Residential Use as indicated in the application materials on file in the
Department of Planning Services. The PUD will adhere to the uses allowed R-1
(Residential) Zone District as set forth is Section 23-3-110 of the Weld County Code.
(Department of Planning Services)
B. Water service shall be provided by Left Hand Water District. (Department of Public Health
and Environment)
C. Sewer Service shall be provided by the St.Vrain Sanitation District. (Department of Public
Health and Environment)
D. All addresses shall be located where they are visible from the roadway. (Sheriff's Office)
Resolution AmPZ-539
Floyd Oliver
Page 3
E. The storm sewer system will be maintained by the Homeowner's Association. (Department
of Public Works)
F. All landscaping in the intersection sight distance triangles must be less than 3.5 feet in
height at maturity. (Department of Public Works)
G. In the event that 5 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and 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)
H. During development of the site, all land disturbance 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)
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)
J. If land development creates more than a 25 acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice, and apply for a permit from the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
K. Wetlands shall be preserved as open space. (Department of Public Health and
Environment)
L. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to
the fee structure of the Weld County Road Impact Program, Area 3. (Chapter 20, Article
I of the Weld County Code)
M. If any work associated with this project requires the placement of dredge or fill material,and
any excavation associated with a dredged or fill project, either temporary of permanent, in
waters oft he U nited States which may include ephemeral, intermittent and perennial
streams lakes,ponds or wetlands at this site,the office of the Army Corps of Engineers shall
be notified by a proponent of the project for proper Department of the Army permits or
changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Army
Corps of Engineers)
N. Appendix 22-E of the Weld County Code, Weld County's Right to Farm, as delineated on
this plat shall be recognized at all times. (Department of Planning Services)
O. Proper building permits shall be obtained prior to any construction or excavation. (Building
Inspection)
P. Building permits are required for any accessory buildings being constructed or moved onto
the property. Additionally, permits are required for any decks and patios. (Building
Inspection)
Resolution AmPZ-539
Floyd Oliver
Page 4
Q. The foundation of the principal dwelling will be required to be engineered.Such foundation
design shall be based on a site specific geotechnical report or an "open hole" inspection
made by a Colorado licensed engineer. Due to the high water table, perimeter drains are
recommended around foundations. Any fill material placed to raise the elevation of the
home must be of the type allowed by the 1997 Uniform Building Code (UBC) and
compacted to a minimum of 90%. The test results of that compaction must be supplied to
the Weld County Building Inspection Department. (Building Inspection)
R. 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. (Department of Planning Services)
S. All buildings or structures shall maintain distances from property lines and adjacent buildings
as outlined in Table 5-A of the 1997 Uniform Building Code. (Building Inspection)
T. Complete drawings shall be submitted for review by the Mountain View Fire Protection
District. (Building Inspection)
U. Outdoor Storage shall be screened from public rights of way and adjacent properties.
(Department of Planning Services)
V. The lot shall utilize the existing access point to Weld County Road 5.5. No additional
accesses will be granted. (Department of Public Works)
W. All signs shall require building permits. Signs shall adhere to Section 23-4-80 and Section
26-2-90 of the Weld County Code. These requirements shall apply to all temporary and
permanent signs. (Department of Planning Services)
X. The property owner shall be responsible for complying with the Performance Standards as
listed in Chapter 27,Article II of the Weld County Code.(Department of Planning Services)
Y. The property owner shall be responsible for complying with the Supplemental Procedures
and Requirements as listed Article VIII,Chapter 27 of the Weld County Code. (Department
of Planning Services)
Z. The property owner shall be responsible for complying with the policies, goals, standards
and regulations of Chapter 22 of the Weld County Code.(Department of Planning Services)
AA. The property owner shall be responsible for complying with Section 24-7-200,Underground
Utilities Regulations of Chapter 24 of the Weld County Code. (Department of Planning
Services)
AB. 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)
AC. 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)
Resolution AmPZ-539
Floyd Oliver
Page 5
AD. 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 a II a pplicable Weld County Regulations. (Department of
Planning Services)
AE. Approval of this plan may create a vested property right pursuant to Article VIII, Chapter 23
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)
Motion seconded by Stephen Mokray
VOTE:
r
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 January 21, 2003.
Dated the 21st of January, 2003.
\0Y -1lAo`Cf-U
Voneen Macklin
Secretary
CASE NUMBER: AmPZ-539 and AmPF-562
APPLICANT: Floyd & Katharine Oliver
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Tract 1, Meadow Vale Farm
3rd Filing; being part of the SW4 of Section 4, T2N, of
the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from PUD with Civic Uses
to PUD with Residential Uses and an Amended Final
Plan.
LOCATION: East of and adjacent to WCR 5 'A; '/2 mile
North of State Hwy 119.
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