HomeMy WebLinkAbout20030171 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, along with additions of 3H, 3W, 4H, 5 A & B, 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: MZ-614
APPLICANT: Timothy and Lisa Brough
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE 1911, being part of the SW4 Section 6, T7N, R67W of the 6th
P.M., Weld County, Colorado
REQUEST: Minor Subdivision Change of Zone from (A) Agricultural to (E) Estate for
nine (9) residential lots
LOCATION: North of and adjacent to WCR 84; East of and adjacent to WCR13
be recommended favorably to the Board of County Commissioners for the following reasons:
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 E(Estate)for Nine(9) Residential Lots is conditional upon the
following:
1. Prior to scheduling the Board of County Commissioner's Hearing:
A. The applicant shall submit to the Weld County Department of Planning Services a signed
copy of an agreement with the properties mineral owners which stipulates that oil and gas
activities have been adequately incorporated into the design of the site and that mineral
owners concerns have been mitigated. (Department of Planning Services)
2. Prior to recording the Change of Zone Plat:
A. The applicant shall submit a signed copy of an agreement with the Larimer County Canal
(Water Supply and Storage Company)regarding the requirements and concerns as outlined
in the letter and stipulating that the proposed design of the site has addressed their
concerns. Evidence shall be submitted to the Weld County Department of Planning
Services for review and approval. (Department of Planning Services)
B. The Plat shall be titled "Pheasant Crest Estates Minor Subdivision - Change of Zone MZ-
614" per Section 24-3-40 and Chapter 23, Article II, Division I of the Weld County Code.
(Department of Planning Services)
C. The Change of Zone plat shall be amended to delineate the following:
1) Larimer County Engineering Department,in their referral dated May 23,2002 states
that Weld County Road 13,(LCR 901)is functionally classified as a Minor Collector
Road and that requires a 100-foot right-of-way. There is currently sixty feet of right-
of-way. The applicant shall delineate fifty feet of right-of-way reservation for the
future expansion of Weld County Road 13, (LCR 901). (Larimer County
Engineering Department)
2) All future signs including entrance signs, street signs and stop signs shall be
delineated on the plat. (Departments of Planning Services and Public Works)
ig EXHIBIT
2003-0171
41ol`{
r.-. Resolution MZ-614
Tim & Lisa Brough
Page 2
3) The internal and external roads shall address all issues indicated in the Weld
County Department of Public Works referral dated October 28,2002. (Department
of Public Works)
4) The internal roadway(Pheasant Crest Drive)right-of-way shall be 60-feet in width
including cul-de-sacs with a 65-foot radius. The cul-de-sac edge of pavement
radius shall be 50-feet. (Department of Public Works)
5) Public Works has located what appears to be an unmarked drainage ditch in Lot
9.The applicant shall show and label all existing irrigation systems for this
development on the change of zone and final plats. Ditch easements should be
noted. (Department of Public Works)
6) The applicant shall delineate the No Build Zones with a drawing 'hatch' to
distinguish these areas on the Change of Zone Plat.(Department of Public Works)
7) All known and / or recorded prescriptive easements, rights-of-way and physical
structures,including ditches,laterals,weirs or other water diversion structures under
the control of the Larimer County Canal and Water Supply and Storage Company
shall be delineated. (Department of Planning Services,Water Supply and Storage
Company)
8) The AT&T Easement, recorded in Book 1075, page 259 shall be accurately
delineated. (Department of Planning Services)
9) The location of the development identification sign. (Department of Planning
Services, Weld County Sheriff's Office)
10) The location of the bus shelter for school children, including pull off area. (Weld
County Sheriff's Office)
11) The location of the mail box pedestal, if required by the Fort Collins Post Office or
evidence that it is not required. (Weld County Sheriff's Office)
12) All graphic evidence of an access from Lot 7 onto Weld County Road 13.
(Department of Planning Services)
D. The applicant shall relocate the nine hundred plus game birds(pheasants)presently housed
on Lot 7 of this development. Per the Estate Zone District, twenty-five (25)pheasants are
permitted per acre. Lot 7 is approximately eleven(11)acres in size,which allows 275 birds.
(Department of Planning Services)
E. The applicant shall submit evidence of compliance with Section 23-3-440.J addressing
accessory structures on Lot 7. (Department of Planning Services)
F. The applicant shall address the concerns of the Poudre Fire Authority, as stated in a
memorandum dated October 23, 2002 and incorporate remedies for these concerns.
Written evidence of a solution shall be provided to the Department of Planning Services.
(Poudre Fire Authority)
G. The applicant shall address the concerns of the Weld County Sheriff's Office as stated in
a memorandum dated October 3, 2002, and incorporate remedies for these concerns.
Resolution MZ-614
Tim & Lisa Brough
Page 3
Written evidence of a solution shall be provided to the Department of Planning Services.
(Weld County Sheriff's Office)
H. 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)
3. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes, prior to recording:
A. The Change of Zone allows for Estate uses and shall comply with the Estate Zone District
bulk requirements as set forth in Section 23 of the Weld County Code. The Minor
Subdivision shall consist of nine (9) residential lots. (Department of Planning Services)
B. Water service shall be obtained from 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 and shall
be installed 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. 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)
E. 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)
F. 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)
G. 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)
H. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat. (Departments of Planning Services and Public Health and
Environment)
Care will be required in locating septic systems on Lots 5 and 6 due to the emergency
Resolution MZ-614
Tim & Lisa Brough
Page 4
access between the lots, and on Lots 4, 8 and 9 due to the utility easement and wetlands
(Lots 8 and 9). (Department of Public Health & Environment)
J. Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
K. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, and Planning Services.
(Department of Planning Services)
L. 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)
M. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
N. 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 along with the enforcement of covenants. (Department of Planning Services)
O. Appropriate Building Permits shall be obtained prior to any construction or excavation.
(Department of Planning Services)
P. 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)
Q. Building permits shall be obtained prior to the construction of any building. (Building
Inspection)
R. 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
each permit. (Building Inspection)
S. 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 UBC, 1998 IMC, 1997
IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Building Inspection)
T. Each building will require an engineered foundation based on a site-specific geotechnical
report Oran open hole inspection performed bya Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Building Inspection)
U. 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.
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 Chapter
23 of the Weld County Code. (Building Inspection)
Resolution MZ-614
Tim & Lisa Brough
Page 5
V. 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 all property lines
shall be identified by string 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. (Building Inspection)
W. The Home Owner's Association shall provide each owner and/or each builder with a copy
of the Geotechnical Engineering Report prepared by Terracon on October 12, 2001.
(Colorado Geological Survey)
X. The Developer or Home Owners Association representative shall provide each owner and/or
builder with a copy of the Geotechnical Engineering Report prepared by Terracon, dated
October 12, 2001. (Colorado Geologic Survey)
4. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence from Weld
County School District RE-4 which indicates that all district requirements have been met.
(Department of Planning Services)
B. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services)
C. The applicant shall submit covenants for Pheasant Crest Minor Subdivision. The covenants
shall be approved by the Weld County Attorney's Office prior to recording the final plat.
Covenants shall address the issues of no water being available for irrigation and protection
of dry pastureland from overgrazing. (Department of Planning Services)
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services, Department of Public Works)
E. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District and Sheriffs Department. (Department of Planning Services)
F. The applicant shall provide for a bus stop/mail pick up area at the entrance to Pheasant
Crest Minor Subdivision or provide written evidence from Weld County School District RE-4
and the Postal Service indicating that this alternative was preferred. (Department of
Planning Services)
G. The right-of-way shall be verified and shown on the final plat for Weld County Road 84 and
Weld County Road 13 (LCR 901). If the right-of-way cannot be documented, it will be
dedicated on the final plat. (Department of Public Works, Larimer County Engineering
Department)
H. The applicant shall enter into an agreement with Weld County to proportionally share the
cost of improvements to WCR 13 from WCR 84 to State Highway 14.(Department of Public
Resolution MZ-614
Tim & Lisa Brough
Page 6
Works)
Roadway and grading plans along with construction details will be required with the final plat
submittal. (Department of Public Works)
J. The applicant s hall provide a pavement design prepared by a professional a ngineer.
(Department of Public Works)
K. 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.
Final drainage construction plans,conforming to the drainage report,shall be submitted with
the final plat application. (Department of Public Works)
L. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Public Works)
M. All landscaping within the site distance triangles must be less than 31/4 feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
N. An agreement between the Water Supply and Storage Company and the Applicant shall be
submitted for recording. (Department of Planning Services, Water Supply and Storage
Company)
0. The applicant shall verify the Larimer County Canal ditch right-of-way on the final plat and
provide a confirmation letter from the company. (Departments of Planning Services and
Public Works, Water Supply& Storage Company)
P. Prior to recording the final plat, 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)
5. Prior to Recording the Final Plat:
A. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on the recorded deeds for the individual parcels. (Department of Planning
Services)
B. That a notification on the deeds to the potential purchasers that an existing confined animal
feeding operation currently exists in the neighborhood and that the ability of the current or
any new owner of the dairy to expand shall not be inhibited by the development pending that
applicable rules and regulations are met. (Department of Planning Services)
Motion seconded by Stephan Mokray
Resolution MZ-614
Tim & Lisa Brough
Page 7
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.
Dated the 19th of November, 2002.
Voneen Macklin
Secretary
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