HomeMy WebLinkAbout20030371 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: AmPF-562
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'%; 1/2 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 27-7-30 of
the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows:
A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26
of the Weld County Code .
,rr"N 1) 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 27-7-40.C.2--That 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 twenty performance
standards as delineated in Section 27-2-10 regarding access,buffering and screening,bulk
requirements, circulation, etcetera.
C. Section 27-7-40.C.3--That the uses which would be permitted will 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 and the Mixed Use Development area. L ongmont
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 27-7-40.C.4--That adequate water and sewer service will be made available to the
site to serve the uses permitted within the proposed PUD in compliance with the
performance standards in Article II, Chapter 27 of the Weld County Code. The proposed
PUD will be serviced by St. Vrain Sanitation District and Left Hand Water District .
2003-0371
Resolution AmPF-562
Floyd Oliver
Page 2
E. Section 27-7-40.C.5--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 reviewed this request and indicated no conflict with the proposed plan.
F. Section 27-7-40.C.6— In the event the street or highway facilties are not adequate, the
applicant shall supply information which demonstrates the willingness and financial capacity
to upgrade the street or highway facilities in conformance with the Transportation Sections
of Chapters 22, 24 and 26, if applicable. This criteria was address during the original Final
Plan for Meadow Vale Farm 3rd Filing.
G. Section 27-7-40.C.7-- 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 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in
the development guide, and the final plan exactly conforms to the development guide. The
proposed PUD Final Plan uses are compatible with the criteria listed in the developmental
guide.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Planning Commission recommends the following be included conditions of approval:
1. Prior to recording the Final Plan:
A. The plat shall be labeled AMPF-562
B. Tract 1 shall be labeled Lot 1, Block 4
2. The Final Plan is conditional upon the following and that each be placed on the Final Plan as notes
prior to recording:
A. The Planned Unit Development Final Plan allows for R-1 (Residential)uses as set forth in
Section 23-3-110 of the Weld County Code and as indicated in the application materials on
file in the Department of Planning Services.(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)
E. The storm sewer system will be maintained by the Homeowner's Association.(Department
of Public Works)
n F. All landscaping in the intersection sight distance triangles must be less than 3.5 feet in
height at maturity. (Department of Public Works)
Resolution AmPF-562
Floyd Oliver
Page 3
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 of the 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)
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)
f,, Resolution AmPF-562
Floyd Oliver
Page 4
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 Weld County
Government and the adopted Weld County Code and Policies. (Department of Planning
Services)
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 C ounty Regulations. (Department o f
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)
Resolution AmPF-562
Floyd Oliver
Page 5
AF. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit
Development Final Plan - If no construction has begun or no USE established in the PUD
within one (1)year of the date of the approval of the PUD Final Plan, the Board of County
Commissioners may require the landowner to appear before the it and present evidence
substantiating that the PUD Final Plan has not been abandoned and that the applicant
possesses the willingness and ability to continue the PUD. The Board may extend the date
for initiation of the PUD construction and shall annually require the applicant to demonstrate
that the PUD has not been abandoned. If the Board determines that conditions supporting
the original approval of the PUD Final Plan have changed or that the landowner cannot
implement the PUD Final Plan,the Board may,after a public hearing,revoke the PUD Final
Plan and order the recorded PUD Plan vacated.
AG. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan
-The Board of County Commissioners may serve written notice upon such organization or
upon the owners or residents of the PUD setting forth that the organization has failed to
comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies
of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the
Board within fifteen(15)days of the issuance of such notice,setting forth the item,date and
place of the hearing. The Board may modify the terms of the original notice as to
deficiencies and may give an extension of time within which they shall be rectified.
AH. Section 27-8-80.6 of the Weld County Code -Any PUD Zone District approved in a Final
Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code
and Section 30-28-101, et seq., CRS.
3. 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)
4. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
conditions of approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with
the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within thirty(30)days from the date the Administrative Review was
signed. The applicant shall be responsible for paying the recording fee.
5. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final
Plan - If a Final Plan plat has not been recorded within one (1)year of the date of the approval of
the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board
may require the landowner to appear before it and present evidence substantiating that the PUD
Final Plan has not been abandoned and that the applicant possesses the willingness and ability to
record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the PUD Final Plan cannot be met,
the Board may, after a public hearing, revoke the PUD Final Plan;
Motion seconded by Stephen Mokray
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 January 21, 2003.
Dated the 21'of January, 20 3.
VOlL 1--1) 2ic
Voneen Macklin
Secretary
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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 51/2; 1/2 mile
North of State Hwy 119.
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