HomeMy WebLinkAbout20002529.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple 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: Z-541
PLANNER: Kim Ogle
APPLICANT: J. Charles and Charlotte Carlson (Carlson Farms Estates)
ADDRESS: 340 East"C" Street
Greeley, Colorado 80631
REQUEST: Change of Zone from Agricultural to PUD for seven (7) lots with Estate zone uses
LEGAL DESCRIPTION: Part of the W2 NE4 NW4 of Section 4, Township 5 North. Range 65 V\ est
of the 6th P.M., Weld County, Colorado..
LOCATION: South of and adjacent to WCR 62; west of and adjacent to WCR 41.5
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 5.:3 of the
Weld County Planned Unit Development Ordinance#197.
2. The submitted materials are in compliance with Section 6.4.2.6 of the Weld County Planned Unit
Development Ordinance#197 as follows:
A. Section 6.4.2.6.1 - That the proposal is consistent with the Comprehensive Plan, IV UD
Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PJD,
and the Weld County Zoning and Subdivision Ordinance. The proposed site is not
presently influenced by any Inter-Governmental Agreements. The proposal is consis:ent
with the aforementioned documents as follows:
1) UGB.Goal 2 states, "Concentrate urban development in or adjacent to existing
municipalities...." This application proposes urban-scale development as defined
by Section 2.18 of the Weld County PUD Ordinance and is within the Cite of
Greeley Long Range Growth Area. The intent of this goal is to encourage urban
scale development to occur where urban scale infrastructure is available
2) R.Policy 3 states, "Weld County should encourage a compact form of urban
development by directing residential growth to urban growth boundary areas and
to those areas where urban services are already available before committing
alternate areas to residential use." The lots will be served by North Weld County
Water District and Individual Sewer Disposal Systems.
3) A.Policy 7 states"Weld County recognizes the "right to farm". In order to validate
this recognition Weld County has established an example covenant which should
be incorporated on all pertinent land use plats. The Department of Planning
Services will require the covenant to appear on the recorded final plat
2000-2529
RESOLUTION, Z-541
Carlson Farms Estates
Page 2
B. Section 6.4.2.6.2-The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Section Two of the PUD
Ordinance.
1) 2.1 Access Standards - Access to this PUD does not meet the requirements
of Section 4.6.16.12 of the Weld County Subdivision Ordinance that states
"ingress and egress to all lots within the PUD will be to an internal rDad
circulation system." The Departments of Planning Services' and Public
Works are requiring the applicant close two of the three access points.
Further, the applicant shall realign the single internal road system. to
accommodate all lots within the PUD.
Further, the proposed frontage road alignment for the development is not
adequate. At the point of ingress and egress,there shall be sufficient area
for one passenger vehicle to turn perpendicular to the external street at the
future right-of-way line.
2) 2.2 Buffering and Screening-Uses, buildings or structures within and adjacent
to a PUD Zone District shall be adequately buffered and screened to make
their appearance and operation harmonious with the surrounding uses
There is not adequate separation between the County road and the me ral
street. Adequate separation will include landscaping and berrnin; to
prevent headlight glare from the PUD into oncoming traffic. A landscaping
and grading plan will be required prior to acceptance of a final plan
application.
3) 2.4 Circulation - Development within a PUD Zone District shall be designed
and constructed to include adequate, safe and convenient arrangements
for pedestrian and vehicular circulation, off-street parking arid loading
space.
The Department of Public Works has determined that a traffic impact study
is not necessary. Per Section 10.2, 10.2.1.7 and 10.2.1.8 of the Weld
County Subdivision Ordinance, all internal streets shall have a minimum
right-of-way of sixty (60) feet and a cul-de-sac radius of a minimum of
sixty-five (65)feet. Further, all streets shall have a minimum width of ten
to twelve(10-12)feet with four(4)foot gravel shoulders. This requirement
is the minimum for a paved road subdivision and applies to private or
publically maintained streets. Further, per Section 10.2.1.1 of the Weld
County Subdivision Ordinance, one street shall extend to the boundaries
of each building site, therefore extend the cul-de-sac to provide access to
Lot 1. Remove access points one and two. Additionally, a stop sign will
be required at the point of ingress or egress to the PUD.
4) 2.5 Common Open Space - is defined as any usable parcel of land or water
unimproved and set aside,dedicated,designated or reserved for public or
private Use or for the use and enjoyment of owners or occupants of land
adjoining or neighboring such area. Common Open Space includes
landscape areas that are not occupied by building or uses such as storage
or service areas, private court yards,parking lots and islands. The amount
RESOLUTION, Z-541
Carlson Farms Estates
Page 3
and type of common open space provided in a PUD Zone District shall be
proportioned according to the intensity of the zone districts called for in the
PUD or USES specified in the application, unless specifically delineated in
the MUD Ordinance. Common open space shall be designed to be useful
to the occupants and/or residents of the PUD Zone District for recreational
and scenic purposes. Common open space in the PUD Zone District shall
be owned and maintained in perpetuity by an organization established
specifically for such ownership and maintenance purposes.
As proposed the site does not meet the open space requirements of the
PUD Plan. Issues regarding site and open space have not been
addressed according to sketch plan comments. In order to meet the
access and open space requirements with this application, the applicant
shall delete Lot 7 from the plan. Per Section 6.3.5 and 2.5 of the PUD
Ordinance,all open space shall be common to all lots in the development.
Common open space is defined as any useable parcel of land essentially
unimproved and set aside,dedicated,designated or reserved for pubbc or
private use or for the use and enjoyment of the owners or occupants of
land adjoining or neighboring such an area. The open space functions as
a separate non-buildable parcel. Each lot shall directly abut the open
space element of the PUD. Further, Outlot A and Outlot B shall connect
to each other creating a continuous and contiguous open space area
5) 2.6 Compatibility - The density, design, and location of land uses within and
adjoining a PUD shall be designed to be compatible with other USES
within and adjoining the PUD. Compatible use shall be determrnec by
evaluating the general uses, building height,setback,offset,size,density,
traffic, dust, noise, harmony, character, open space, screening, health,
safety and welfare of the PUD in relation to surrounding uses.
The proposed site does lie within an urban growth area, and the applicant
is proposing an urban scale.The right-to-farm covenant will be attached to
the request, thus informing any new residents that the area surrounding
this development is agricultural in nature. Also, future lot owners of the
PUD are made aware of the oil and gas production facility immediately
adjacent to the west and south (permitted by USR-1089, and USR 679
respectively)and the wet open cut gravel operation six hundred (600)feet
south of the property (USR-690). Further, the development is within the
boundaries of the Airport Zoning Overlay District and the Runway 9 Critical
Zone. "Both of these areas have been adopted by Weld County through
the approval of resolutions by the Weld County Board of Co arty
Commissioners. The development proposed would have no impact or the
Airport Zoning Overlay District, as this district exists primarily to limit the
height of objects around the airport that could interfere with the airport's
navigable airspace. The height of objects typical to the proposed
development would not likely penetrate this protected airspace The
development proposed would have a negative impact on the Runway 9
Critical Zone. The critical zone is located and configured in strict
accordance with Federal Aviation Administration (FAA) Regulations, and
was established as a condition of Federal Grant Assurances that Veld
County is subject to. These assurances are specifically written to ensure
RESOLUTION, Z-541
Carlson Farms Estates
Page 4
that a government jurisdiction which accepts federal funds for
improvements to a public airport enacts the necessary zoning restrictions
around such airport to eliminate the possibility of any future non-compatible
land uses that could have negative impacts on the airport. The FAA
includes residential uses,as well as schools and churches,in its list of non-
compatible land uses around public airports."The Department of Planning
Services' believes that the granting of this Change of Zone with the
attached Conditions of Approval and Development Standards will have
minimal impact on the surrounding land use.
6) 2.7 Design Standards and Improvement Agreements-The Design Standards
and Improvement Agreements of Section 10, 12 and 13 of the Subdivision
Ordinance shall be utilized. Certain PUD Final Plan requirements may
differ from those specifically listed in the Subdivision Ordinance.
Final recording of the Final Plan shall not occur until the required
Improvements Agreement has been approved and collateral tendered.
The Change of Zone plat shall not be recorded until a Drainage Report,
signed by a Colorado license engineer has been provided and approved
by the Department of Public Works.
7) 2.9 Landscaping Standards - No building permit shall be issued for any
building or any portion of a PUD until the landscaping required by the
landscape plan map is in place and/or an on-site Improvements Agreement
has been entered into which complies with the requirements in Weld
County PUD Ordinances.
The applicant shall submit a Landscaping and Berming Plan prior to
recording the Change of Zone Plat. At a minimum the Landscape Plan
shall include botanical and common names for all plant material, planting
schedule,and on-going landscape maintenance. An on-site Improvements
Agreement shall be required at the time the Final Plan applicatio i is
submitted. Further, the applicant shall adhere to Section 12 of the
Subdivision Ordinance and Section 2.6 and 9.3 of the PUD Ordinance
8) 2.12 Monuments - Permanent reference monuments shall he set on the
Planned Unit Development according to the Subdivision Ordinance and
Section 30-51-101, et seq., of the Colorado Revised Statues.
9) 2.14 Parking Requirements - All parking and loading areas within a PUD shall
comply with Section 41 of the Weld County Zoning Ordinance. Prior tc the
Board of County Commissioners hearing, a Circulation plan shat he
submitted for review for Equestrian Parking, loading and circulation.
Further, there shall be adequate parking and loading spaces that shall
meet the requirements of the Americans with Disabilities Act and shay he
delineated on the Change of Zone plat.
10) 2.15 Phasing -A Final Plan may develop in phases within a PUD. Phasing the
construction of the development may occur within separate filings or for the
entire subdivision. An Improvements Agreement is only required for the
phase being developed.
RESOLUTION, Z-541
Carlson Farms Estates
Page 5
11) 2.16 Public Water Provisions - Public water systems serving PUD's mus: be
capable of meeting State drinking water regulations, (Colorado Primary
Drinking Water Regulations)and have adequate provisions for a 300-year
supply of water.
The application materials state that domestic water would be provided by
the North Weld County Water District. Appropriate documentation shad be
provided that indicates not only the taps are available, but that assurance
of these connections has been made. The style of assurance may take
several forms, however pre-purchase of taps, line extension agreements,
or another form of "participation agreement" will be acceptable. The
agreements shall be approved by the Weld County Attorney's Office.
A Water Supply Information Summary shall be submitted to the Office of
the State Engineer, Division of Water Resources for their review. Office
of the State Engineer response shall be submitted to the Department of
Planning Services' prior to scheduling a Board of County Commissioners
hearing.
12) 2.18 Urban Scale Development-Developments exceeding Slots and/or located
in close proximity to existing PUD's, subdivisions, municipal boundaries,
or urban growth corridors and boundaries. All urban scale developmerts
shall pave the internal road systems of the development.
For the purpose of review, this application is considered urban scale and
shall adhere to the requirements of urban type developments.
13) 2.19 USES - Uses within a PUD Zone District shall be described by filh igs,
phases, blocks and lots within a PUD. This description shall give a clear
indication of the type of use to take place and a description of the type of
buildings and structures to be associated with those uses. This descri tion
shall be in adequate detail to determine density, common open space,
major vehicle and pedestrian circulation, water and sewer facilities, the
buffering or screening of the use and the time frame for construction o the
use.
This application does not propose an estimated time frame for on-site
construction,including future amenities and landscaping for the screeni ig
and buffering of adjacent streets and properties.
14) 2.20 Water and Sewer Provisions - A PUD Zone District shall be serviced oy
an adequate water supply and sewage disposal system.
The application is proposing North Weld County water and the Vield
County Department of Public Health & Environment states the applicant
shall designate primary and secondary septic system envelopes on each
lot, and that there be language included in the development covenant>for
the preservation and/or protection of the second absorption field enveoce
for future use. Additionally, both septic envelopes must meet the current
minimum setbacks to irrigation ditches (one hundred (100) feet and
drainage swales twenty-five (25)feet.
RESOLUTION, Z-541
Carlson Farms Estates
Page 6
Further, should municipal sewer service become available within -our
hundred(400)feet of the proposed PUD,then the homeowners in the F'UD
shall connect into municipal sewer if the provider is willing and able to
service the lots.
C. Section 6.4.2.6.3 - 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 the comprehensive plan or master plans
of affected municipalities.
The City of Greeley submitted a referral response that indicated that the proposed
development is not consistent with the City's Comprehensive Plan. Further, the
development is located within the Greeley-Weld County Airport runway critical area.
Although the proposed development is not consistent with the City's Comprehensive Plan,
it is consistent with UGB.Policy 3.2 that states "the proposed use, including public facility
and service impacts, is compatible with the County's Comprehensive Plan and with other
urban type uses." Presently, the site is adjacent to an oil and gas production facility
immediately adjacent to the west and south (permitted by USR-1089, and USR 679
respectively) and the wet open cut gravel operation six hundred (600) feet south of the
property (USR-690)with the remaining land uses being in agriculture.
The applicant is required to submit a copy of an agreement with the ditch company
stipulating that ditch activities have been incorporated into the design of the site or snow
evidence that an adequate attempt has been made to mitigate the concerns of the c itch
company.
D. Section 6.4.2.6.4 - That the PUD Zone [District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in
Section 2 of this Ordinance.
The application is proposing North Weld County Water District to service the site as
indicated previously.
E. Section 6.4.2.6.5 - That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed Zone District.
The Weld County Public Works Department has reviewed the proposal and referral
comments indicate that the proposed typical road cross section,right-of-way and cut-de sac
dimensions is not adequate. The attached conditions of approval require the plat to ne
amended to reflect Section 10.2 of the Weld County Subdivision Ordinance.
F. Section 6.4.2.6.6 - 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 Transportation
Section of the Comprehensive Plan, Subdivision Ordinance, and the MUD Ordinance if
applicable.
Issues regarding site access have not been addressed according to sketch plan comme nts.
Development Standards and Conditions of Approval ensure compliance with Section 2.1
of the Weld County PUD Ordinance and Section 10.2, 10.2.1.7 and 10.2.1.8 of the Weld
County Subdivision Ordinance.
RESOLUTION, Z-541
Carlson Farms Estates
Page 7
The Weld County Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Sections 12 and 13 of the Weld
County Subdivision Ordinance.
G. Section 6.4.2.6.7 - That there has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts,commercial mineral deposits,
and soil conditions on the subject site.
The subject site is located within the Airport Zoning Overlay District and the Runway 9
Critical Zone. As previously stated, the development proposed would have a negative
impact on the Runway 9 Critical Zone. "The location within the critical zone of the
proposed development is underneath and/or near the intersections of two primary aircraft
traffic pattern corridors. The development is directly beneath the existing and future final
approach path for existing Runway 9,and near the intersection of the downwind lag for the
airports new primary runway currently under construction. Regardless of which runway is
active at the airport at any given time, almost every aircraft landing or taking off from the
airport will directly overfly this proposed development." The Conditions of Approval and
Development Standards ensure that the applicant will address all requirements of the
Airport Zoning Overlay District as specified in Section 51 of the Weld County Zoning
Ordinance.
The Colorado Geological Survey indicated in the referral response received October 12,
1999, and March 13, 2000 that they had concerns pertaining to the swelling,collapsible or
compressible soils and/or bedrock strata that may underlie the site. Further, areas it the
southern one hundred eighty (180) feet or more, of the site may be unstable and
recommends no structural development occur in these locations.
The Weld County Soil Conservation District indicated concerns regarding the ability of s oils
to support septic systems, in their referral dated September 28, 1999.
In the referral response dated February 23, 2000, the Weld County Building Inspection
Department is requiring engineered foundations for each structure.
H. Section 6.4.2.6.8 - Consistency exists between the proposed zone district(s), IJSES, the
Specific or Conceptual Development Guide.
The proposal shall be consistent with the Estate Zone District. Due to the several issues
regarding the site, open space, access and circulation not being addressed in the Change
of Zone application, the Department of Planning Services'shall require the applicant have
the Board of County Commissioners hear the Final Plan for this proposed development.
2. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Jnit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts:The referral response dated March 10,2000 from the
Weld County Department of Public Health and Environment indicates that the application
materials have adequately addressed all of the potential impacts described in Section
6.3.1.2.1 of the Weld County Planned Unit Development Ordinance.
B. Section 6.3.2 Service Provision Impacts: The applicant has satisfactorily addressed the
majority of service provision impacts in the application materials. Additional requirements
of the Weld County Public Works Department are addressed through the attached
Conditions of Approval. Further, the requirements of the Union Colony Fire /Reacue
Department regarding fire hydrants to provide adequate fire flow is addressed through the
RESOLUTION, Z-541
Carlson Farms Estates
Page 8
attached Conditions of Approval. Further, in the referral received from the City of Greeley,
the Fire Authority stated the property is outside the response time agreement area and the
homes must be sprinklered.
C. Section 6.3.3 Landscaping Elements:The applicant shall submit a revised Landscape Plan
in accordance with Section 9.3 of the Weld County Planned Unit Development Ordinance.
The applicant shall amend the Change of Zone plat to illustrate conformance with Sect on
2.9 and 9.3 of the PUD Ordinance. Specifically addressing on-going maintenance,plant ng
schedules, compatibility with adjacent land uses, berming and screening, and consistent
treatment of adjacent streets.
D. Section 6.3.4 Site Design: The proposal does not take into consideration the sites
advantages and limitations, as well as the compatibility of the development with adjacent
sites. The right-to-farm covenant will be attached to the request, thus informing any now
residents that the area surrounding this community is agricultural in nature. Further,future
lot owners are aware that the PUD is within the Airport Zoning Overlay District and the
Runway 9 Critical Zone, by a note on the plat. The implications associated with locating in
the Airport Zoning Overlay District and the Runway 9 Critical Zone have been previously
discussed. Also, future lot owners of the subdivision are made aware of the oil and gas
production facility immediately adjacent to the west and south,and the wet open cut gravel
operation six hundred (600) feet south of the property Finally, future lot owners of the
subdivision are made aware of the potential future Oil and Gas production facility to be
located is within the boundaries of the Carlson Farms Estates PUD.
Issues regarding site access have not been addressed according to sketch plan comments,
as previously stated.
E. Section 6.3.5 Common Open Space Usage:The application proposes 3.7 acres of common
open space, or twenty (20) percent of the site. As proposed the site does not meet the
open space requirements of the PUD Plan. Issues regarding site and open space have not
been addressed according to sketch plan comments. In order to meet the access and open
space requirements with this application,the applicant shall delete Lot 7 from the plan. !3er
Section 6.3.5 and 2.5 of the PUD Ordinance, all open space shall be common to all lots in
the development. Further, Outlot A and Outlot B shall connect to each other creating a
continuous and contiguous open space area. The applicant shall establish a homeowners
organization in accordance with the requirements of Section 6.3.5 of the Weld Cot.nry
Planned Unit Development Ordinance as indicated in the Sketch Plan comments
F. Section 6.3.6 Proposed Signage: The applicant is proposing two entry signs at this time.
The applicant shall provide the Department of Planning Services'with additional informa ion
regarding the placement, height, and material of each sign.
G. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the Mi<ed
Use Development area.
H. Section 6.3.8 Intergovernmental Agreement Impacts:The proposed change of tore d)es
not Ilie within any Intergovernmental Agreement area.
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 PUD for seven (7) lots with Estate Zone uses is conditional
upon the following:
RESOLUTION, Z-541
Carlson Farms Estates
Page 9
1. Prior to scheduling the Board of County Commissioners hearing:
A. OG.Policy 1.1 of the Weld County Comprehensive Plan states "new planned unit
developments or subdivisions should be planned to take into account current and future oil
and gas drilling activity to the extent oil and gas development can reasonably be
anticipated." The applicant shall either submit a copy of an agreement withthe proper is
mineral owners stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitiate the concerns of the mineral owners. Evidence shall be submitted to the Weld
County Attorney's Office for review and approval. The plat shall be amended to include any
possible future drilling sites. (Dept. of Planning Services)
B. Appropriate documentation from North Weld County Water District shall be provided hat
indicates not only the taps are available,but that assurance of these connections has boon
made. The style of assurance may take several forms, however pre-purchase of taps, line
extension agreements,or anotherform of"participation agreement"will be acceptable. The
agreements shall be approved by the Weld County Attorney's Office. (Dept. of Planning
Services)
C. A Water Supply Information Summary shall be submitted to the Office of the State
Engineer, Division of Water Resources for their review. Office of the State Engineer
response shall be submitted to the Department of Planning Services'. (Dept. of Planning
Services)
D. The applicant shall either submit a copy of an agreement with the ditch company stipulating
that ditch activities have been incorporated into the design of the site or show evidence that
an adequate attempt has been made to mitigate the concerns of the ditch company.
Evidence shall be submitted to the Weld County Department of Planning Services' for
review and approval. (Dept. of Planning Services)
E. The applicant shall address the concerns of the Union Colony Fire / Rescue Department
in a memo dated February 28, 2000, and provide evidence of approval to the Depertmenit
of Planning Services. (Union Colony Fire / Rescue Department, Dept. of Planning
Services)
F. The applicant shall provide specific documentation regarding the proposed improvements,
including, but not limited to "...riding arenas, common boarding facilities and passive
recreation facilities"as identified in the application materials. Further,additional informal ion
is required for the circulation and parking of the livestock trailers for this use within the
PUDs boundary's.
G. The applicant shall address the concerns of the Greeley-Weld County Airport Authority in
a letter dated March 31,2000. Written evidence of a solution shall be provided to the W eld
County Attorney's Office and the Department of Planning Services for review and appro val.
H. The applicant shall provide a complete and accurate topographical site survey for his
property. This information shall be submitted to the Colorado Geologic Survey and to the
Department of Planning Services for review and comment.
2. Prior to recording the Change of Zone plat:
A. All proposed street names shall be submitted to the Greeley Post Office for review of
duplication of street names. Evidence shall be submitted to the Department of Planning
RESOLUTION, Z-541
Carlson Farms Estates
Page 10
Services that a duplication of street names will not occur with this proposed subdivision.
(Dept. of Planning Services)
B. The Change of Zone plat shall meet all requirements of Sections 28.5.2 and 28 5.3 of he
Weld County Zoning Ordinance. (Dept. of Planning Services)
C. The applicant shall submit a revised landscape and berming plan for review and approval
to the Department of Planning Services'. (Dept. of Planning Services)
D. The applicant shall submit a drainage report, signed by a Colorado licensed engineer to
the Department of Public Works for approval. The applicant shall supply the Department
of Planning Services with written approval from the Department of Public Works. (Dept of
Planning Services, Dept. of Public Works)
E. The applicant shall address the concerns of the Colorado Geological Survey in a letter
dated March 10, 2000. Written evidence of a solution shall be provided to the Department
of Planning Services for review and approval. (Colorado Geological Survey)
F. The applicant shall address the concerns of the Weld County Sheriff's Department, i i a
memo dated March 13,2000 specific to address locations for individual residences. Writes
evidence of a solution shall be provided to the Department of Planning Services. (Sheriff s
Office)
G. The applicant shall submit a proposed estimate for time of construction of the PUD (Dept.
of Planning Services)
H. The applicant shall enter into an Improvements Agreement Regarding Collateral for all
improvements to the PUD. (Dept. of Planning Services)
3. The plat shall be amended to include the following:
A. The location of possible future oil and gas drill site locations (Dept. of Planning Services,
in accordance with Oil Goal 1 of the Weld County Comprehensive Plan.)
B. Outlot A and Outlot B shall be labeled "Non-buildable outlot". Development on the outlet
shall be limited to open space. No structures shall be allowed. Further, Outlot A and Outlet
B shall be reconfigured to form one contiguous open space.(Dept. of Planning Services
C. Additional fire hydrants as per the referral received by Union Colony Fire/Rescue (Dept.
of Planning Services, Union Colony fire/Rescue)
D. The applicant shall meet parking and internal site circulation requirements of the America n s
with Disabilities Act. (Department of Planning Services)
E. 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 Inclivicual
Sewage Disposal System Regulations. Evidence of Department of Public Health &
Environment approval shall be submitted to the Department of Planning Services (Dept.
of Public Health & Environment)
F. All future signs including entrance signs. (Dept. of Planning Services)
G. The internal street shall have a minimum right-of-way of sixty(60)feet and an outside ':ul-
de-sac radius of a minimum of sixty-five (65)feet. The street shall have a minimum w dth
RESOLUTION, Z-541
Carlson Farms Estates
Page 11
of ten to twelve(10-12)feet with four(4)foot gravel shoulders.There shall be a twenty (20)
foot minimum area,enough for one passenger vehicle,to turn perpendicular to the external
street at the future right-of-way line. (Dept. of Planning Services, Dept. of Public Works)
H. WCR 62 (Bliss Road) and WCR 41.5 are designated as local paved roads in the Weld
County Comprehensive Transportation plan and the Greeley Transportation plan which
requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.
A total of 50 feet from the centerline of Weld County Roads 62 and 41.5 right-of-way
reservation for future expansion of Weld County Roads 62 and 41.5 shall be delineated on
the plat.
The location of the Airport Zoning Overlay District and the Runway 9 Critical Zone. and if
applicable, the location of Aviation Easement for the PUD.
J. The applicant shall address the concerns of the Weld County Department of Public Works
in a letter dated March 2, 2000, specifically issues regarding site access and circulation.
To meet the access requirements,the applicant shall provide one internal road circulation
system that is an internal paved road system extended to the boundaries of each building
site.
Further, at the point of ingress and egress with the proposed frontage road and the County
road, there shall be a twenty(20)foot minimum area, enough for one passenger vehicle,
to turn perpendicular to the external street at the future right-of-way line.
Further, all internal streets shall have a minimum right-of-way of sixty (60) feet and an
outside cul-de-sac radius of a minimum of sixty-five (65) feet. All streets shall havn a
minimum width of ten to twelve (10-12) feet with four (4) foot gravel shoulders (Dept of
Planning Services, Dept. of Public Works)
K. The applicant shall place an "Avigation Easement over the entire PUD from the p.-operty
owner(s) and/ or developer to the authority. While such an easement would assist :n
protecting the airport from nuisance claims, it would however still permit a non-compat bie
land use in one of the airport's critical zones."
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within 30 days of approval by the Board of County Commissioners. (Dept. of Planr rig
Services)
5. The PUD Final Plan shall comply with all regulations and requirements of the Weld County Planned
Unit Development Ordinance 197. (Dept. of Planning Services)
6. 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, ; rd
adopted Weld County Ordinances and Policies. (Dept. of Planning Services)
7. Paving of interior roads shall be required in accordance with Section 2.1 of the Planned Unit
Development Ordinance 197. The plat shall reflect this change prior to recording. (Dept of
Planning Services)
8. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ord'nar,ce.
(Dept. of Planning Services)
9. The applicant shall comply with Section 8.7 of the Weld County Planned Unit Development
Ordinance. (Dept. of Planning Services)
RESOLUTION, Z-541
Carlson Farms Estates
Page 12
10. In the event that more than five acres of the site is disturbed during the construction end
development of this site, the applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and 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. (Dept. of Planning Services)
11. The Change of Zone is conditional upon the following and that each shall be placed on the Charge
of Zone plat as notes prior to recording:
A. The site specific development plan is for a PUD change of zone from agricultural to P JD
with Estate Zone District uses as indicated in the application materials on file in he
Department of Planning Services and subject and governed by the Conditions of Approval
stated hereon and all applicable Weld County Regulations. Substantial change from the
submitted plan will require additional review of the Final Plan by the Board of County
Commissioners at a public hearing. Noncompliance with any of the foregoing Conditions
of Approval may be reason for revocation of the Permit by the Board of County
Commissioners.
B. Outdoor storage shall be screened from public rights of way and adjacent properties.
C. The applicant shall obtain water from North Weld County Water District and sewer service
shall be Individual Sewage Disposal Systems.
D. Language shall be included in the development covenants for the preservation and or
protection of the second absorption field for future use
E. A 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.
F. Should municipal sewer service become available within four hundred (400) feet of the
proposed PUD, then the homeowners in the PUD shall connect into municipal sewer if the
provider is willing and able.
G. During the 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.
H. 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.
Each lot on the plat is located within the Airport Zoning Overlay District and the Runway 9
Critical Zone, and as such future property owners shall be aware that the PUD is within the
airport's navigable airspace.
J. A Homeowners Association shall be established prior to the sale of residences.
Membership in the association is mandatory for each residential owner. The homeowrers
association is responsible for liability insurance, taxes and maintenance of oper space,
streets, private utilities and other facilities. Open space restrictions are permanent.
K. Addresses to the residences shall be visible from the internal street of the PUD.
RESOLUTION, Z-541
Carlson Farms Estates
Page 13
L. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan shall be
recognized at all times.
RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States. The
rural areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize there are drawbacks,
including conflicts with longstanding agricultural practices and a lower level of services than
in town.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will generate off-site impacts, including noise from tractors and
equipment; dust from animal pens,field work, harvest, and gravel roads;odor from animal
confinement,silage, and manure;smoke from ditch burning;flies and mosquitoes; the use
of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved "out of the way" of residential development without
threatening the efficient delivery of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware)with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the county and
the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed,will not provide the same kind of surface expected fr xn
a paved road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for roads witnin
subdivisions are of the lowest priority for public works or may be the private responsib H y
of the homeowners. Services in rural areas, in many cases, will not be equivalen' to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrcal
power for pumps and center pivot operations,high speed traffic,sand burs, puncture vines,
territorial farm dogs, and livestock present real threats to children. Controlling children's
activities is important, not only for their safety, but also for the protection of the tarmer's
livelihood.
M. Proper building permits shall be obtained prior to any construction or excavation
N. Building permits are required for any accessory buildings being constructed or moved
onto the property. Additionally, permits are required for any decks and patios.
O. All foundations of principal dwellings will oe required to be engineered. Such foundation
design shall be based on a site-specific geotechnical report or an "open hole" rnspec'ion
made by a Colorado licensed engineer.
P. All buildings or structures shall maintain distances from property lines and adjacent
buildings as outlined in Table 5-A of the 1997 Uniform Building Code.
Q. All residential structures shall be sprinklered.
RESOLUTION, Z-541
Carlson Farms Estates
Page 14
R. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended.
S. The property owner shall be responsible for compiling with the Performance Standards of
Section 2.1 of the PUD Ordinance.
T. The property owner shall be responsible for complying with Supplemental Procedu es
and Requirements of Section 8 of the PUD Ordinance.
U. Personnel from the Weld County Departments 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.
V. The parking lot area shall maintain compliance with Section 41 of the Weld County Zoning
Ordinance as amended.
W. 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.
X. All signs including entrance signs shall require building permits. The property owner shall
be responsible for maintaining compliance with the signage requirement of 42.2 of the
Weld County Zoning Ordinance. These requirements shall apply to all temporary and
permanent signs.
Y. The applicant shall comply with Section 8.7 of the Weld County Planned Unit Development
Ordinance(Ordinance 197)asfollows: 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 submittal of the PUD Final Plan. The Board may extend the date for the
submittal of the PUD Final Plan application and shall annually require the applican to
demonstrate that the PUD has not been abandoned. If the Board determines teat
conditions or statements made supporting the original approval of the PUD Zone Dis::rir:t
have changed or that the landowner cannot implement the PUD Final Plan, the Boast 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. (Dept. of Plannnd
Services)
12. At the time of Final Plan submittal:
A. The applicant shall submit an on-site improvements agreement that addresses landscaping
in compliance with Section 6.3.3.2 of the PUD Ordinance 197. (Dept.of Planning Services)
B. The applicant shall submit evidence to the Department of Planning Services that approval
was received from the Department of Public Works of an Improvements Agreement
Regarding collateral for the Transportation portion of the PUD. (Departments of Public
Works, Planning Services)
C. Service Provision Impacts for ambulance shall be addressed as required by Section 6 3 2
of the PUD Ordinance 197. (Dept. of Planning Services)
13. Prior to the release of any building permits:
RESOLUTION, Z-541
Carlson Farms Estates
Page 15
A. The applicant shall supply designated street signs and stop signs, as required by Weld
County Public Works, at the appropriate location. (Weld County Public Works)
Motion seconded by Arlan Marrs.
VOTE:
For Passage Against Passage Abstain
Fred Walker Bryant Gimlin Cathy Clamp
Arlan Marrs Stephen Mokray Cristie Nickles
Jack Epple
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,Trisha Swanson, 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 2, 2000.
Dated the god of May, 2000.
Trisha Swanson
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 2, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, May 2. 2000, in the Weld
County Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue,Greeley,Colorado. The meeting
was called to order by Chairman, Fred Walker, at 1:35 p.m.
ROLL CALL •
Fred Walker Present
Cristie Nicklas Present
John Folsom Absent
Jack Epple Present
Michael Miller Absent •
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Cathy Clamp Present
Also 'resent: Diane Houghtaling, Don Carroll, Public Works; Sheble McConnellogue, Pam Smith, WTI
County Department of Public Health and Environment; Chris Gathman, Julie Chester, Sheri Lockman, Kin
Ogle, Department of Planning Services; Lee Morrison, Weld County Assistant Attorney; Trisha Swanson,
Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held en April 18, 2000
was approved as read.
CASE NUMBER: Z-534
APPLICANT: Harvey& Jean Markham
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the N2 NE4 of Section 19, Township 4 North, Range 68 West of the
6th P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone from Ag to PUD for Five Lots for Residential Uses.
LOCATION: South of and adjacent to SH 56 and approximately 1/4 mile west of WCR 3.
Chris Gathman, Planner, stated that the Department of Planning Services is requesting a continuance unti
June 20, 2000 in order to send out new referrals as the case has been changed from 5 lots to 4 lots
The Chair asked if there was anyone in the audience who wished to speak for or against this continuant e
No one wished to speak.
Jack Epple moved that Case Z-534 be continued until June 20, 2000. Cristie Nicklas seconded the motici
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arhir
Marrs, yes; Stephan Mokray, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie NicklE s
yes; Fred Walker, yes. Motion carried unanimously.
Cristie Nicklas excused herself from Case Z-541. Jack Epple and Arlan Marrs had listened to the tapes fro r
the previous meeting concerning Case Z-541 and feel ready to hear the case. Cathy Clamp did not listen c
the minutes from the previous meeting anc did not vote on Case Z-541.
- CASE NUMBER: >:E (Continued from 4-18-00)
APPLICANT: C r
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the W2 NE4 NW4 of Section 4, Township 5 North, Range 65 West
of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone for Minor Subdivision to Estate Zone District.
LOCATION: South of and adjacent to WCR 62; West of and adjacent to WCR 41 .5.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 2, 2000
Page 2
Kim Ogle, Planner, presented Case Z-541 and handed out letters from Mike Reisman, manager of he
Greeley-Weld Airport,Travis Vallin,CDOTAeronautics Director,and James Fels,State Planner of the Federal
Aviation Administration, Denver Airports District Office.
Lee Morrison,Weld County Assistant Attorney,presented his findings concerning the possible monetary Icss
associated with approval of this application. Lee stated that there are some areas listed in the grant
information, but not in County ordinances. The language does exist in city documents. Lee noted that the
main issue that this subdivision faces appears to be compatibility. Lee further noted that there does not
appear to be language that denies this use, but he cannot speak toward future funding from the FAA.
Toni Honn, Representative for the applicant, noted his concerns with several parts of the recommendatioi
associated with the permit. Mr. Honn's concern with Condition of Approval A. 1 is that the applicant owns the
mineral rights under the property and believes to place any oil or gas drilling in the open space area. Fred
Walker asked if the mineral rights are leased or not. Mr. Honn stated they are leased. Mr. Walker noted tha:
the landowner does not control the placement of those wells. Kim stated that the Department of Planning
Services is just asking for documentation from the leasees concerning the future placement of these we:Is
Mr. Honn noted that the water tap agreement is being forwarded to the Department of Planning Services. Mr
Honn also asked about the need for the State Engineers letter concerning the water supply. Tom Honn noteu
that the applicant did not understand the need for an agreement or letter from the ditch company. Mr. Hoar
noted that they were unsure of which requirement of the fire district they needed to fulfill and questioned the
need for a note on the plat concerning sprinkling or fire hydrants. Mr. Honn noted they feel the need of
sprinkling should be addressed at the building permit process. The applicant questions the addition of
Condition of Approval F concerning the wording. Mr. Honn notes that the applicant wishes to leave this ap
to the Homeowner's Association concerning the use of the open space. Mr. Honn noted they do not want to
limit the possibilities open to the Homeowner's Association. Tom Honn noted that the applicant feels #1 H
the requirement for the complete topographic site survey for the site is excessive. Mr Honn further noted ar
objection to more extensive landscaping plan required in#2 C and would prefer to submit more detailed plans
at the time of the final plat submittal. Mr Honn further noted an objection to the ownership of the accesses
and wants to retain the original access planned. Tom asked why the compatibility issue was not brought ip
at the time of the Sketch Plan submittal. Chuck Carlson,Applicant,noted that the leasers of the mineral rice is
had pointed to the area occupied by the open space as a probable site for a new well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. Mi<E,
Reisman, Manager of the Greeley-Weld Airport, reiterated his concerns about jeopardy to the airport's future
funding and possible violations. Mr. Reisman also noted that the Critical Zone has been in existence over tt a
area since 1994.
Discussion concerning the primary runway and secondary runway usage depending upon winds that prevz it
Questions concerning the aviation easements and nuisance suits followed. Mr. Reisman noted that the
avigation easements somewhat insulate the airport,but do not fix the compatibility issue. Arlan Marrs brought
up the idea of compensation for the property owners to mollify a possible inability to develop in this area. Mr
Reisman noted that the airport would probably not be fiscally capable of that type of compensation.
Jeff Hofman with the City of Greeley Community Development stated that the Greeley Planning Commission
voted 4-0 for denial of this application.
Ted Carlson, a realtor and son of the applicant, noted that he has not had any problems marketing severs.
nice homes in the same area, stating that the proximity of the airport did not seem to be a problem.
Discussion followed concerning why Condition of Approval #1 C had both sprinklers and fire hydrants Ki r
noted that the fire hydrants were never listed in the application and the fire district stated without fire hydrants
this would be outside their response time. Lee Morrison stated that the fire code is not in the Building
Department, but rather is a separate entity that is from the state. Fred asked why#1 F, the planning of tt e
open space, needs to be a condition. Kim noted that the ideas presented may require manure managemeit
plans and this area is listed as a severe escarpment area and may need cetailed plans concerning the use.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 2, 2000
Page 3
Kim stated that this condition merely asks for more information. Fred asked why the applicant had a condition
concerning the ditch. Kim noted the Department of Planning Services needs to know who owns The ditch.
Jack Epple asked for information about the three accesses. Diane Houghtaling, Public Works, stated that
there is little need for three access fur seven lots and this is not safe. Diane noted this wi:i cte.•gitr, a busy
intersection and the requested one access is for safety reasons. Discussion concerning a change in wording
on Condition of Approval#2 K from "piece"to"dedicate".
Jack Epple moved that Case Z-541 be forwarded to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commissions recommendation of approval. Arlan Marrs seconded
the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, no; Jack Epple, yes; Bryant Gimlin, no; Fred Walker, yes. Motion carried.
Arlan Marrs commented that the decision on this case will cause an economic impact on either the applicant
or the airport and someone's rights may be trampled.
Jack Epple commented that he can relate to the issues brought up during this case and feels that people
buying houses in that area will be aware of the airport and buy those homes with that awareness, that the
compatibility can be dealt with.
Stephen Mokray commented that the approval of this subdivision is just aggravating an existing problem in
the area and that the area is not compatible for residential use. Nuisance calls will occur, it is an untie:thy
environment for people and animals, and that this area is more compatible for Industrial or Commercal use.
Bryant Gimlin noted that he feels this is incompatible with the area and that the concerns noted in lettei s
received from the Greeley-Weld airport should be looked at more closely.
Fred Walker commented that there should be some mitigation between the airport and the applicant and tnat
he feels an avigation easement will allow both uses to exist.
CASE NUMBER: USR-1267
APPLICANT: Poudre Valley Rural Electric Association, Inc.
PLANNER: Julie Chester
LEGAL DESCRIPTION: NW4 of Section 18, Township 5 North, Range 66 West of the 6th P.VI ,
Weld County, Colorado.
REQUEST. Site Specific Development Plan and Special Review Permit for a Major Facility of a Public
Utility (Electric Substation).
LOCATION: South of State Highway 34,just east of WCR 25.
Julie Chester, Planner, presented Case USR-1267 and read the Department of Planning Services
recommendation into the record. Julie noted that Development Standard #10 has been changed from 55
decibels to 70 decibels per the Department of Public Health and Environment. The Department of Planning
Services is recommending approval of this application.
Jim Byrne, Representative of Poudre Valley REA, stated that the purpose of this substation is to carry the
power that will soon be needed along SH 34. Mr. Byrne stated that the area is growing rapidly and the
substation will be needed. Mr. Byrne also stated that they plan to start the landscaping and will finish he
construction of the site at a later date.
Stephen Mokray asked if there would be a time limit for the construction. Julie noted that they have statec
it will be constructed by 2002, which is within the three years an application has before being looked at anc
not be considered abandoned.
Hello