HomeMy WebLinkAbout20012001 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution,along with the addition of Condition IA.,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: Z-558
PLANNER: Sheri Lockman
APPLICANT: Percy Hamilton c/o Intermill Land Surveying, Inc.
ADDRESS: 1301 N. Cleveland Ave.
Loveland, Colorado 80537
REQUEST: Change of Zone from A(Agricultural) to PUD with Estate uses for five (5) residential lots
and 4.7 acres of Common Open Space
LEGAL DESCRIPTION:Lot B of AmRE-2224, being part of the SW4 of Section 33, Township 7 North,
Range 64 West of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 53; 1/4 mile north of Weld County Road 74
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 this Code. The proposed site is not influenced by an Inter-
Governmental Agreement. The proposal is consistent with the aforementioned documents
as follows:
1) Section 22-2-60.A.1,A.Goal 1 --"Preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture." Chapter 22,
Section 22-2-60.1.1, A.Goal 9 indicates that eighty (80) acres is considered the
minimum lot size for a viable farming operation. Although the site is classified as
"prime" farmland on the Important Farmlands of Weld County map, the subject
parcel is only 30.9 acres net in size. Historically the subject parcel has been
utilized for crop production.
2) Section 22-2-60.C.2, A.Policy 3 — "Conversion of agricultural land to residential,
commercial and industrial development will be discouraged when the subject site
is located outside of a municipality's comprehensive plan area, urban growth
boundary area, or 1-25 Mixed Use Development area and urban development
nodes." The application proposes non-urban scale development as defined by
Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non-urban
scale development as"...developments comprising of nine(9)or fewer residential
lots,located in a nonurban area as defined in Chapter22 of the Weld County Code,
not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth
corridors." This proposal includes public water and consists of five(5)PUD Estate
zoned residential lots and one 4.7 acre open space lot. The proposed lot size is
4.72 acres each. 4 EXHIBIT
2001-2001
COaftrabli
RESOLUTION, Z-558
Percy Hamilton
Page 2
3) Section 22-2-60.D.2, A.Policy 4 "Provide a mechanism for the division of land
which is agriculturally zoned. The intent of this goal should be to maintain and
enhance the highest level of agricultural productivity in Weld County." The
proposed level of development is non-urban as defined in Section 27-2-140. The
addition of five (5) PUD Estate zoned residential lots will have minimal impact on
the local service providers.
4) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which
includes a residential use should provide common open space free of buildings,
streets,driveways or parking areas. The common open space should be designed
and located to be easily accessible to all the residents of the project and usable for
open space and recreation..." The proposed open space meets the requirements
of PUD.Policy 4.2.
5) 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 with North Weld County Water for
potable and fire protection requirements. Individual sewage disposal systems
(I.S.D.S.)will handle the effluent flow.
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 twenty performance standards as
delineated in Section 27-2-10 regarding access, buffering and screening, bulk
requirements, circulation, etcetera. 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 nor is the site within the three mile referral area of a municipality.
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 of the Weld County Code.
The application included a Water Service Agreement with North Weld County Water
District.The agreement has been approved by the Weld County Attorneys Office.The State
Engineers office has indicated the proposed water supply can be provided without causing
material injury to existing water rights and the supply is expected to be adequate.
Sewage disposal will be served by Individual Sewage Disposal Systems(I.S.D.S.). Primary
and secondary septic system envelopes have been designated on each lot as
recommended. Conditions of Approval and Development Standards ensure that language
restricting building on the septic system envelopes will be included in the homeowners
association covenants, which will be submitted with the Final Plan application.
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 required the roadway to be twenty six (26) feet wide with four (4)
inches of Aggregate Base Course, Class 6. A roadway plan and profile plans shall be
provided as part of the final plat submittal.
RESOLUTION, Z-558
Percy Hamilton
Page 3
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.
The applicant did include a preliminary improvements agreement.Development Standards
and Conditions of Approval ensure compliance with Chapter 24, Article VII, and Sections
24-9-10 and 24-9-20 of this Code.
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 Colorado Geological Survey, in their referral letter dated August 17, 2000, identified
several areas of concern for the site. However, they indicated that no geologic conditions
exist that would preclude development. Development Standards included at the Change
of Zone and Final Plan will ensure the site is developed according to the Colorado
Geological Survey recommendations.
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. The applicant is requesting that the Final Plan be administratively reviewed.
The Department of Planning Services' staff concurs with this request.
This Approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural) to PUD with Estate Zone District uses is conditional upon the
following:
1. Prior to the Board of County Commissioner's hearing:
A. The applicant shall submit evidence that an agreement has been reached with the property's
mineral owners or submit evidence that the mineral owners concerns have been mitigated.
2. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) The location of fire hydrants as approved by the Galeton Fire Protection District.
(Department of Planning Services)
2) Landscaping and signs within the intersection sight distance triangle that are less than 3.5
feet in height. (Department of Public Works)
3) The location of the access which corresponds to the forty (40)foot section of plastic pipe
which is to replace the existing tile irrigation line on Lot 4 and Lot 5.
B. 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)
RESOLUTION, Z-558
Percy Hamilton
Page 4
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 PUD Change of Zone from A(Agricultural)to PUD with
Estate Zone District uses 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.
B. Water service shall be obtained from the North Weld County Water District. (Department of Public
Health and Environment)
C. A Weld County Septic Permit is required for each proposed 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)
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,etcetera)
are expressly prohibited in the designated absorption field site. (Department of Public Health and
Environment)
E. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division
of the Colorado Department of Public Health and 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)
F. 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)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission, any
development that disturbs more than five 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)
H. If land development creates more than a 25 acre contiguous disturbance,or exceeds six(6)months
in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution
emissions notice(A.P.E.N.),and apply for a permit from the Colorado Department of Public Health
and Environment. (Department of Public Health and Environment)
I. 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)
J. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of
Planning Services)
K. All signs including entrance signs shall require building permits. Signs shall adhere to Section 27-
6-90 of the Weld County Code. These requirements shall apply to all temporary and permanent
signs. (Department of Planning Services)
RESOLUTION, Z-558
Percy Hamilton
Page 5
L. 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)
M. 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)
N. The site shall be developed in accordance to the recommendations made by the Colorado
Geological Survey, referral dated August 17, 2000, and the Preliminary Geologic and Mineral
Resource Statement prepared by Church&Associates,dated June,2000.(Department of Planning
Services)
O. Personnel from the Weld County Department's of Public Health and Environment and Planning
Services 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)
P. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.(Department
of Planning Services)
Q. 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)
R. The internal roadway will be gravel,twenty six(26)feet wide with four(4)inches of Aggregate Base
Course, Class 6. (Department of Public Works)
S. Access for Lot 4 and Lot 5 shall have forty(40)foot plastic pipe sections to replace the existing tile
irrigation line and shall be clearly marked as the access point. (Department of Public Work)
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. (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 contact the appropriate postal district and the Weld County Sheriffs Office to
review the proposed street name and lot addresses. Evidence of review shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. The applicant shall submit a final roadway plan and profile plans. (Department of Public Works)
RESOLUTION, Z-558
Percy Hamilton
Page 6
D. A total of 30 feet from the centerline of Weld County Road 53 shall be delineated right-of-way on the
plat and dedicated to the county along with right-of-way for the bus/mailbox pull off.(Department of
Public Works)
E. 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)
6. Prior to construction:
A. A stop sign and street name sign shall be placed at the intersection. (Department of Public Works)
B. Access for Lot 4 and Lot 5 shall be clearly marked at the forty(40)foot plastic pipe sections to avoid
damaging the existing tile irrigation line. (Department of Public Works)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Arlan Marrs
Bryant Gimlin
John Folsom
Stephen Mokray
Cathy Clamp
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,Wendi Inloes, 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 June 19th, 2001.
Dated the19ne, 2001.
uA&
Wendi Inloes
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 11
Michael Miller moved that Case USR-1337, be forwarded to the Board of County Commissioners along with
the amendments to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Cathy Clamp seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
-- CASE NUMBER: Z-558
PLANNER: Sheri Lockman
APPLICANT: Percy Hamilton c/o Intermill Land Surveying, Inc.
REQUEST: Change of Zone from A(Agricultural) to PUD with Estate uses for five (5) residential lots
and 4.7 acres of Common Open Space
LEGAL DESCRIPTION: Lot B of AmRE-2224, being part of the SW4 of Section 33, Township 7
North, Range 64 West of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 53; 1/4 mile north of Weld County Road 74
Sheri Lockman,Department of Planning Services, presented Case Z-558,reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of this
application.
Steve Stencil, representative for the applicant, stated at that at this time he did not have any additions to
Sheri's comments.
•
Cristie Nicklas asked why prime farm ground was being taken out of production. Mr. Stencil explained that
this parcel is just under 31 acres, and economically it is not viable for Mr. Hamilton to farm the ground.
Percy Hamilton, property owner, added that the land is difficult to irrigate as it slopes, and a sprinkler would
not fit on the corner.
Cathy Clamp asked about the warranty deed when Mr. Hamilton took title from Travelers Insurance
Company, they withheld the mineral interest, and in his application packet Union Pacific Railroad is noted
as holding the mineral interests. Ms. Clamp asked if Travelers had been notified. Mr. Percy explained that
Union Pacific was only a railroad section and it would go back to land grab.
Michael Miller asked if he had mineral rights, Mr. Percy said he did not. Mr. Stencil explained that he has
been trying to track down the minerals on the property, and the Union Pacific sold their rights to another
company, and has sent them information and it is being looked at and needs to go though a few more
departments, but is in the process of being looked at.
Bryant Gimlin asked Mr. Hamilton if he has obtained water for irrigation for landscape. Mr. Hamilton said
there going to be using North Weld Water for landscape, and irrigation for the open space.
Cristie Nicklas asked about the requirement for paved roads for the internal roads being waved by Public
Works. Diane Houghtaling of Public Works said that since the external road, WCR 51, was gravel that the
internal road is not being required to be paved. Ms. Houghtaling added that Weld County does not maintain
gravel roads.
Diane Houghtaling requested that the note requiring the landscaping in the site distance triangle at the
entrance be left at 3.5 feet, the sign being proposed is 6 feet high, and Public Works does not allow this
height in the distance triangle.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. }.
No one wished to speak.
The Chair asked the applicant if they were in agreement with the Conditions of Approval. Mr. Stencil said = 6
they were in agreement.
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•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 12
Cathy Clamp requested the applicant add to the covenants from the Comprehensive Plan W.Goal 2., the
Right to Hunt, since there is a lot of birding in the area. Mr. Stencil said they would be agreeable to this.
Sheri Lockman added language as requested by the Board, for the mineral owners. Under prior to the
Board of County Commissioner's hearing #1A, with subsequent renumbering; The applicant shall submit
evidence that an agreement has been reached with the property's mineral owners or submit evidence that
the mineral owners concerns have been mitigated.
Bryant Gimlin moved that Case Z-558, be forwarded to the Board of County Commissioners along with the
amendments to the Conditions of Approval with the Planning Commissions recommendation of approval.
Michael Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nickles, yes. Motion carried unanimously.
CASE NUMBER: USR-1336
APPLICANT: Mark & Phyllis Van Thuyne
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Use Permit for a use allowed by
right in the 1-3 (Industrial) Zone District (Maintenance and Outdoor Storage of
equipment for the installation of underground fiber-optic lines)in the A(Agricultural)
Zone District
LEGAL DESCRIPTION: Part of the SE4 of Section 9,Township 4 North, Range 68 West of the 6th
P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 46,approximately''/mile east of Weld
County Road 5.
Chris Gathman, Department of Planning Services, presented USR-1336,reading the recommendation and
comments into the record.The Department of Planning is recommending approval of the application, with
the changes to the Conditions of Approval and Development Standards.
Mark and Phyllis Van Thuyne,applicants,gave a history of the land. Their family has been in the Berthoud
area for over 60 years. With all the changes happening in agriculture they decided to stop farming and start
this business. Mr. Van Thuyne explained that this is a utility business, and they are currently in business
with Qwest and subcontract to do phone lines. Mr.Van Thuyne said there shouldn't be a lot of changes to
what has been done on the property in the past, as two of the trucks they currently use have been farm
trucks.They are a small fleet of trucks that provide a service. As far as the dust concerns,they do not have
as many trucks,and the truck drivers have been informed about dust control. In the winter they start trucks
up 15 minutes early to warm them up,and this has been a concern with the neighbors. Mr.Van Thuyne said
they do not perceive to grow, and do not have plans on expanding at this time. Mr.Van Thuyne added that
they would like to keep the hours of operation form 6 a.m. to 6 p.m.
Michael Miller asked Mr.Van Thuyne if he would be willing to limit the number of trucks to eight. Mr. Van
Thuyne said that this would be more than fair.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jack Gallegos,who lives 1/2 mile down road,said that he moved to the area for its agricultural character,but
he know is thinking of doing a similar type use, and just wanted to see how his application goes.
Fred Weis,surrounding property owner,supported the request to do the business, but does have concerns
with what happens next, and asked where we draw the line on industrial businesses on agricultural land.
Mr. Weis also wanted an explanation of what a USR does. Lee Morrison, Assistant County Attorney,
explained what the process is,and that it does not change the zoning and is only used for what is described
in the permit. Mr. Morrison added that the permit can be revoked if the Conditions of Approval or
Development Standards are not being followed. Mr. Weis asked if someone else bought the property and
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