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HomeMy WebLinkAbout20012833.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cristie Nicklas that the following resolution with the additional language on Condition #3J (24) be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE#: Z-561 APPLICANT: Dave Hoskins/ Dove Haven PUD ADDRESS: 1511 WCR 40.5, Berthoud, CO 80513 REQUEST: A Change of Zone from the A(Agricultural)to Planned Unit Development with E (Estate) Zone uses for Five Lots with 5.43 acres Open Space. LEGAL: Lot B of Recorded Exemption 2954 being a part of the West Half of the Northeast Quarter of Section 29, Township 4 North, Range 68 West of the 6th Prime Meridian, Weld County, Colorado. LOCATION: North of and adjacent to WCR 40.5 approximately one-half mile west of WCR 5 be recommended favorably to the Board of County Commissioners for the following reasons: 1. 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 (IGA) in effect influencing the PUD and the Weld County Code. A. Goal 1 states "Preserve prime farmland for agricultural purposes which fosters economic health and continuance of agriculture." The subject property is categorized as "Irrigated land, not Prime" by the USDA"Farmlands of National Importance Map" dated 1979 and lies within the A (Agricultural) Zone District. A. Policy 7 states "Weld County recognizes the Right to Farm". In order to validate this recognition Weld County's Right to Farm statement has been established which shall be incorporated on all pertinent land use plats." The Department of Planning Services shall require Weld County's Right to Farm to appear on the recorded plat. B. Section 27-6-120.B.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 Section 2 of the Weld County Code. Department of Planning Services' staff has determined that the submitted application complies with the 20 standards described in Article II, Chapter 27. C. Section 27-6-120.B.6.c. 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 the Comprehensive Plan or Master Plan of affected municipalities. The proposed site does not lie within any urban growth or Intergovernmental Agreement (IGA) J. EXHIBIT 2001-2833 1 So Resolution Z-561 Dove Haven Page 2 areas, nor is the applicant proposing urban scale development. The proposed PUD lies within the three mile referral areas of the Towns of Berthoud and Mead. The Town of Berthoud, in the referral response received September 5, 2001 does not support the proposed Change of Zone based on 1) designation of the area, by the Town, as "Cropland Support Area", 2) the lack of"clustering" and 3) "effective conservation measures". The Town of Mead did not return a referral response. D. Section 27-6-120.B.6.d. The PUD shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards outlined in Article II of the Weld County Code. Domestic water and water for fire protection shall be provided by the Little Thompson Water District. The State of Colorado, Division of Water Resources in the referral dated August 30, 2001, referred to their Sketch Plan referral response dated October 4, 2000, and affirmed "the water supply is expected to be adequate". Each lot for the proposed PUD shall have an Individual Sewage Disposal System (ISDS) installed per the Weld County Department of Public Health and the Environment requirements and specifications. The Department of Public Health and Environment referral dated September 10, 2001 states "the application has satisfied Chapter 27 of the Weld County Code in regard to water service. Water is proposed to be provided by the Little Thompson Water District. A water service agreement from Little Thompson Water District has been provided in the application materials. Further, the application has satisfied Chapter 27 of the Weld County Code in regard to sewer service. Sewer will be provided by Individual Sewage Disposal Systems. The minimum proposed lot size of 2.6 acres coupled with the overall density of one system per 4.7 acres meets the current Department of Public Health and Environment policy. The septic systems for Lots 4 and 5 must be located outside the boundary of the flood plain. The initial impact plan submitted in the application materials appears to address all impacts as required by Section 27-6-40 of the Weld County Code." Conditions of Approval, Development Standards and Notes on the Plat ensure that water and sewer issues shall be adequately addressed. E. Section 27-6-120.B.6.e. The 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 Zone District. The Weld County Department of Public Works has submitted Conditions of Approval in their referral response dated September 6, 2001 that will ensure that the street facilities providing access to this proposal are adequate. F. Section 27-6-120.B.6.f. An off-site road improvements agreement and an on- site improvements agreement proposal are in compliance with Chapter 24 of the Weld County Code. In the event the street or highway facilities 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 Weld County Code. This shall be shown by submitting, with the PUD district application, a separate proposal for on-site and off-site Resolution Z-561 Dove Haven Page 3 Improvement Agreements. This proposal shall describe, in detail, the type of improvements in compliance with Chapter 24, Article IX, to determine if the requirements for street or highway facilities providing access to the property have been satisfied. The method of guarantee shall conform with Weld County's policy regarding Collateral for Improvements. Improvements to the internal road will be required, and shall be ensured through the Improvements Agreement at the Final Plan stage of the Planned Unit Development process. G. Section 27-6-120.B.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 site does not lie within any overlay districts. The proposed rezoning does not appear to contain the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extraction to any greater extent than under the present zoning of the property. H. Section 27-6-120.B.6.h. Consistency exists between the proposed Zone District, uses and the Specific or Conceptual Development Guide. The submitted Specific Development Guide appears to accurately reflect the performance standards and allowed uses described in the proposed zone district. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services' staff concurs with this request. This recommendation is based upon compliance with the requirements of Chapter 27 of the Weld County Code. The Change of Zone from A(Agricultural) to PUD with Estate Zone uses for Five Residential Lots, 5.43 acres of open space, is conditional upon the following: 1. The Change of Zone Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Board of County Commissioners. 2. Prior to scheduling the Board of County Commissioner's Hearing: A. Appropriate documentation shall be provided which indicates not only that taps are available, but provide assurances that these connections will be made. The style of assurance may take several forms, however pre-purchase of taps, line extension agreements, tap service agreements, or another form of"participation agreement" will be acceptable. The agreements shall be approved by the Weld County Attorney's Office prior to scheduling the Board of County Commissioner's Hearing. 3. Prior to recording the Change of Zone plat: A. The Change of Zone plat shall meet all requirements of Section 27-9-20 and shall be amended to include the following: Resolution Z-561 Dove Haven Page 4 1) Weld County's current Right to Farm statement from Chapter 22 of the Weld County Code. (Department of Planning Services) 2) Primary and secondary septic system envelopes shall be designated on each lot. Each envelope must meet minimum current setbacks as specified in the Weld County Individual Sewage Disposal System Regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 3) A typical cross section of the internal and external (Weld County Road 40.5) roads shall be shown on the Change of Zone plat. (Department of Public Works) 4) The name of the street shall not conflict with any other street within the servicing United States Postal area. A stop sign and street sign shall be placed at all intersections. Landscaping and entrance signs within the intersection sight distance triangle shall be less than 3.5 feet in height. (Departments of Planning Services and Public Works) 5) A mail/bus pull off area shall be delineated on the plat. (Department of Planning Services) B. A Landscape Plan and Maintenance Schedule shall be approved by the Department of Planning Services. The Landscape Plan shall adhere to the requirements of 27-6-60 of the Weld County Code. (Department of Planning Services) C. The revised drainage study, signed and sealed by a Certified Engineer registered in the State of Colorado, shall be resubmitted to the Department of Public Works. Evidence of submittal and approval shall be provided to the Department of Planning Services. (Department of Public Works) D. A proposal to share the cost of improving and paving Weld County Road 40.5 shall be submitted to the Department of Public Works and an approved copy of such shall be provided to the Department of Planning Services. (Department of Public Works) E. The applicant shall address the concerns of the Weld County Building Compliance Officer (VI-0100220), as indicated in their referral dated August 8, 2001. Written evidence shall be provided to the Department of Planning Services. (Department of Planning Services) F. The applicant shall address the concerns of the Weld County Sheriffs Office, as indicated in their initial referral dated August 24, 2001. Written evidence shall be provided to the Department of Planning Services. (Department of Planning Services) Resolution Z-561 Dove Haven Page 5 G. The applicant shall attempt to address the concerns of the Town of Berthoud, as indicated in their referral dated September 5, 2001. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) H. The applicant shall attempt to address the concerns of the Division of Wildlife, as indicated in their initial referral dated August 19, 2001. Written evidence shall be provided to the Department of Planning Services. (Department of Planning Services) 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) J. 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: 1) The PUD shall consist of five (5) residential lots, with 5.43 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 on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) 2) Water service shall be provided by the Little Thompson Water District. (Department of Public Health and Environment) 3) Weld County Septic Permit is required for each proposed home septic system 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) 4) 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) 5) The applicant shall obtain a storm water discharge permit from the Water Resolution Z-561 Dove Haven Page 6 Quality Control Division of the Colorado Department of Public Health and the Environment, if required. 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) 6) 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) 7) 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) 8) If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months induration, 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) 9) 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) 10) A Home Owner's Association (HOA) shall 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) 11) The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Department of Public Health and Environment, and the Weld County Department of Planning Services. (Department of Planning Services) 12) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) 13) Weld County's Right to Farm, as stated in the Chapter 22 of the Weld County Code shall be recognized at all times. (Department of Planning Services) 14) Appropriate Building Permits shall be obtained prior to any construction Resolution Z-561 Dove Haven Page 7 or excavation. (Department of Building Inspection) 15) Building permits are required for dwellings and any accessory buildings being constructed or moved onto the property. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Department of Building Inspection) 16) 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 Engineer registered in the State of Colorado. (Department of Building Inspection) 17) At the time an application is accepted for a building permit a plan review will be required for each building. Two complete sets of plans are required when applying for the permit. A complete review of the building or structure may reveal other building issues or areas requiring attention. (Department of Building Inspection) 18) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0725C 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) 19) 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) 20) 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) 21) 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) 22) If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredge or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes, ponds or wetlands at this location, the office of the Department of the Army, Corps of Engineers Resolution Z-561 Dove Haven Page 8 shall be contacted by a proponent of the project for the proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Army Corps of Engineers) 23) 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) 24) Potential Purchasers are hereby notified that a Boarding Kennel and Confined Animal Feeding Operation/Dairy are located east of the Planned Unit Development. Off-site impacts that may be encountered include, but are not limited to, noise from animals, trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 25) A joint access easement, and maintenance agreement, extending across the Planned Unit Development from Weld County Road 40.5, for the benefit of Lot A of Recorded Exemption 2954, shall be shown clearly on the plat. The joint access easement, and maintenance agreement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24- F.E. 4. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code and 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. (Department of Planning Services) B. The Final Plan application shall specify the Homeowner's Association's method of trail, Resolution Z-561 Dove Haven Page 9 open space and/or landscape maintenance. (Department of Planning Services) C. The draft covenants and homeowner's association shall address open space maintenance and landscaping in accordance the approved Landscape Plan. (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. The sixty (60) foot right-of-way for Weld County Road 40.5 shall be dedicated to the County. The right-of-way for the internal roadway shall be dedicated to the County. (Department of Public Works) F. A fifteen (15) foot perimeter and ten (10) foot lot line easement is required for utilities on each lot. This shall be shown on the final plat map. (Department of Planning Services) G. Prior to submittal of the Final Plan plat: 1) The applicant shall provide evidence to the Department of Planning Services that all the requirements of the Berthoud Fire Protection District have been met. (Department of Planning Services) 2) Evidence shall be submitted to the Department of Planning Services that the requirements of the Weld County School District RE-2J have been met. (Department of Planning Services) 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), Arcinfo 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) 5. 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 soils report shall be supplied to Weld County Building Inspections with blueprints when applying for building permits. Motion seconded by Stephan Mokray. Resolution Z-561 Dove Haven Page 10 VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nicklas Stephan Mokray John Folsom Lous Llerena Bruce Fitzgerald 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 September 18, 2001. Dated the 18' day of August, 2001.1 j�ti� UMUCI l .ems Voneen Macklin Secretary possible pitch. Luis Llerena asked for clarification with regards to the developer and if he is representing the builders for the other homes. Seeing there was no others wishing to speak, the Chair closed the public portion of the hearing Mr. LaFaver responded that at the minimum he would accept 35 feet. He further addresses some of the other homeowner that have a home elevation of 41 feet while the rest of them are at 32-38 feet. Mr. LaFaver further states that there is some deviation as to where the measurements are taken from. John Folsom asked if the applicant would consider amending the application to include only the houses that have been constructed or are under construction and eliminate this 40 feet elevation from the lots. Mr. LaFaver responded that he would like to go to 35 feet elevation. This would allow for the effected residences not to have to get variance. Bruce Fitzgerald asked about the square footage allowed.Mr LaFaver stated that a two story it is 3600 sq.ft. and a ranch is 3200 sf. with the largest being 6000s.f. Monica Daniels Mika provided clarification with the building height being 35 feet. Michael Miller stated that all the information was available and it is the responsibility of the builder to obtain that information adhere to it. Mr. Miller totally opposes 40 feet. Bryant Gimlin stated that he would be in favor of continuance with regards to the building height due to the issue of building permit information being issued. Luis Llerena stated that there needs to be a consistency with the requirements in regards to the 30 feet and the builders need to be responsible for the regulations. Cristie Nicklas asked if the 30 ft requirement is a note on the plat. Mrs. Mika stated that a note was on the plat stating that there was no deviation requested with regards to the building height in the R1 Zone District. Michael Miller asked to amend the application to a 35 foot standard. Mr LaFaver agreed. John Folsom moved that Case AmZ-522, be forwarded to the Board of County Commissioners with the Planning Commissions recommendation of denial. Bryant Gimlin seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cristie Nickles,yes;Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. CASE#: Z-561 APPLICANT: Dave Hoskins/ Dove Haven PUD ADDRESS: 1511 WCR 40.5, Berthoud, CO 80513 REQUEST: A Change of Zone from the A(Agricultural)to Planned Unit Development with E (Estate)Zone uses for Five Lots with 5.43 acres Open Space. LEGAL: Lot B of Recorded Exemption 2954 being a part of the West Half of the Northeast Quarter of Section 29,Township 4 North, Range 68 West of the 6'h Prime Meridian, Weld County, Colorado. LOCATION: North of and adjacent to WCR 40.5 approximately one-half mile west of WCR5 4. EXHIBIT c COe X5(0/ Robert Anderson, Department of Planning Services presented Case Z-561, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. John Folsom asked about the mineral ownership and surface owners. Mr. Anderson stated it was addressed with a Condition of Approval. Michael Miller asked if there was any irrigation water that was going to be provided for the lots. Mr. Hoskins stated that there is a ditch and the homeowners have the possibility of purchasing water from that ditch company. The ditch company is Old 'she. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. John Folsom asked Mr. Anderson about 3G and what are the issues with the town of Berthoud. Mr. Anderson stated that the inclusion of the words attempt to address. Bruce Fitzgerald asked Mr. Anderson if clustering was an urban setting. Mr.Anderson stated it has found its way into certain zone districts therefor preserving the open space in larger quantities. Cristie Nicklas asked where the kennel was and if there was language in the Conditions of Approval that address it. Mr. Anderson stated that the dairy was addresses and further language could be placed in Condition of Approval#3J (24). The language would consist of adding the boarding kennel to the existing language. This will be included on the plat. Dave Hoskins has issues with Condition of Approval #3O and #3J (9) but he is continually working with Public works and will have it addressed before the Board of County Commissioners Hearing. Gristle Nicklas moved that Case Z-561, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cristie Nicklas,yes;Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Meeting adjourned at 3:30 pm Respectfully submitted Voneen Macklin Secretary Hello