HomeMy WebLinkAbout20031199.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,along with the deletion of 2nd sentence in 2G,change in 2E, move 1 B, C(1), (2), (3),
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-1007
APPLICANT: Lance and Julee Meiners
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot C of RE-3092;being part of the NE4NW4 Section 33,T9N, R67W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to PUD for 6 lots with Estate Zone
Uses and one (1) Non-residential lot with Agricultural Zone Uses.
LOCATION: South of and adjacent to WCR 100 and East of and adjacent to WCR 17
section line.
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 27-6-120.6.6.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 nor is the site within the three mile referral area. The
proposal is consistent with the aforementioned documents as follows:
1) Section 22-3-50.6.1, 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 individual wells for water and
Individual sewage disposal systems will handle the effluent flow. In a referral dated
March 26, 2003, 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 water and sewer service.
2) Section 22-5-50,O.Policy 1.1 "Encourage agricultural use of productive agricultural
land"The application includes a 103.42 acre agricultural lot.
3) Section 22-3-40.D., Pubic facilities general requirement—Availability of adequate
fire protection. The Nunn Fire Protection District has indicated that, in the event of
a fire, water shall be brought to the site by tankers. A note on the plat has been
required which states that it is highly suggested that residences be sprinklered for
further protection. (Department of Planning Services)
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.
Section 27-2-20, Access standards — "All PUD developements will be served by an
internally paved road system according to County standards". The applicant is proposing
a paved interior road system that will be County maintained. E.
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Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk m
requirements of the E (Estate) Zone District for the five (5) residential lots and the A kl
(Agricultural)Zone District for the 103.42 acre lot. W 4
2003-1199 rr
Resolution PZ-1007
Lance Meiners
Page 2
Section 27-2-55, Cluster PUD—The applicant has met the criteria of a Cluster PUD. The
proposal will create single-family residential parcels less than thirty-five (35) acres each.
More than the required two-thirds (2/3)of the total area of the tract has been reserved for
forty(40)years for agricultural purposes. Further,the density of the PUD does not exceed
two (2) residential units for each thirty-five (35)acres.
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 and is not within
a three mile referral area.
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 applicant is proposing that the site be served by
individual wells. In a referral dated March 26, 2003, Weld County Department of Public
Health and Environment has indicated that the minimum lot size of 4.0 acres and overall
density of one septic system per 22.5 acres does meet current Health Department policy
and the application has satisfied Chapter 27 of the Weld County Code in regard to water
and sewer. In a referral received March 24, 2003, the Colorado Division of Water
Resources has indicated that the maximum number of residential lots that can be
developed is five. The request has been amended to reflect five lots.
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 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.
In a referral dated March 20, 2003 the Weld County Department of Public Works has
indicated that the residential traffic added to the roadway system will not have enough
impact to require off-site roadway 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 the Drainage Investigation&Erosion
Control Report, dated January 2003, by Messner Engineering, Inc., and the drainage
construction plans are acceptable.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
Resolution PZ-1007
Lance Meiners
Page 3
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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 is in agreement with this request.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD for five(5)lots with Estate Zone Uses and 1 Non-
residential lot with Agricultural Zone Uses is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The Weld County Sheriffs Office has indicated that a sign with a graphical representation of the
subdivision should be placed at the entrance to the subdivision. To address this concern, 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)
2. The plat shall be amended as follows:
A. Lot 5 and Lot 6 shall be combined and labeled Lot 5 in order to meet the State of Colorado,
Division of Water Resources water requirements. (Department of Planning Services)
B. The 103.42 acre lot shall be labeled Lot 6
C. 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:
A. The site specific development plan is for a Change of Zone from A(Agricultural)to PUD for five
(5)residential lots and one(1)non-residential lot as indicated in the application materials on file
in the Department of Planning Services. Lot 1 through 5 will adhere to the uses allowed in the
E (Estate) Zone District. Lot 6 will adhere to the uses allowed in the A (Agricultural) Zone
District.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 each individual lot may be further restricted by the individual well
permit. (Division of Water Resources)
C. 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)
D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
E. Lot 6 is prohibited from residential development for a period of forty(40)years from the date the
final plan is approved. (Department of Planning Services)
F. All signs within the PUD shall comply with the approved sign standards. 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)
Resolution PZ-1007
Lance Meiners
Page 4
G. The Nunn Fire Protection District has indicated that,in the case of a fire,water shall be brought
to the site by tankers. (Department of Planning Services)
H. Water service shall be obtained from individual wells. (Department of Public Health and
Environment)
I. A Weld County septic permit is required for each proposed septic system, which shall be
installed in accordance 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)
J. 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)
K. 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)
L. 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 technologicallyfeasible and economically reasonable in order to minimize dust
emissions. (Department of Public Health and Environment)
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M. 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)
N. Building permits shall be obtained prior to any construction. A separate permit will be required
for each structure. Permits are required for structures such as bus shelters or entrance gates
if provided. (Department of Building Inspection)
Q. A plan review will be required for each building. Two complete sets of plans are required when
applying for the 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; 2002 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
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)
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. Setback and
offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of
le" 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
Resolution PZ-1007
Lance Meiners
Page 5
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 setbacks are measured from the farthest projection from the building. (Department
of Building Inspection)
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.(Department
of Planning Services)
U. 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)
V. 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)
W. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment,and Planning Services,and
adopted Weld County Code and Policies. (Department of Planning Services)
X. 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)
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 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)
Z. 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 an on-site (Private) Improvements Agreement that addresses all
improvements associated with this development, per compliance with Section 24-9-10 of the
Weld County Code. (Department of Planning Services)
B. 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)
Resolution PZ-1007
Lance Meiners
Page 6
C. 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 Nunn Fire Protection District, the Weld County Sheriffs Office, the Weld County
Ambulance Services Department and the Post Office for review and approval. (Department of
Planning Services)
D. The preliminary covenants addressed Temporary Residences allowed within the PUD. This
section of the covenants shall be amended to be in compliance with the Weld County Code.
(Department of Planning Services)
E. Weld County School District RE-9 and the applicable Post Office shall be contacted regarding
the bus/mail pullout. The applicant shall provide to the Public Works Department and the
Department of Planning Services written documentation indicating the School Districts and Post
Offices design standards and delivery requirements have been met. (Departments of Planning
Services and Public Works)
F. The applicant shall provide a pavement design prepared by a professional engineer.
(Department of Public Works)
G. 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. (West Greeley Soil Conservation Services)
H. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
construction plan drawings for review and approval. Evidence of Public Works approval shall
be submitted to the Department of Planning Services. (Department of Planning Services)
I. Weld County Road 100 is classified by the County as a collector road and requires an 80-foot
right-of-way.The applicant shall dedicate 40-feet of right-of-way on the final plat. (Department
of Public Works)
J. Weld County Road 17 does not exist adjacent to this development along the section line. The
applicant shall dedicate 30-feet of right-of-way, along the entire property frontage, measured
from the section line for Weld County Road 17 on the final plat. (Department of Public Works)
K. Additional right-of-way shall be required adjacent to the bus pullout area equivalent to the width
of the pullout lane. Revisions must be made to the drawings, and this right-of-way shall be
dedicated on the final plat. (Department of Public Works)
6. Prior to recording the final plat:
A. The applicant shall contact Weld County School District RE-9, to finalize an agreement for
payment of cash in lieu of land dedication. Written evidence of compliance shall be submitted
to the Department of Planning Services. (Department of Planning Services)
B. Finalized covenants and the appropriate recording fee (currently $6 per page) shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall enter into 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)
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)
Resolution PZ-1007
Lance Meiners
Page 7
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Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom John Hutson
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 May 6, 2003.
Dated the 6th of May, 2003.
V 0 9--A4 /ACLLYIU
Voneen Macklin
Secretary
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