HomeMy WebLinkAbout20002530.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Carlson Farms Estates Case Number Z 541
Submitted or Prepare('
Prior to At Hearin]
Hearing
1 Board of County Commissioners Comments
2 Staff Comments ( 17 pages) Draft X Final X
3 Department of Planning Services Field Check Form X
4 Lotter to Applicant X
5 Legal Notifications (2 pages) X
6 Application ( 10 pages) X
7 Referral list X
8 Colorado Division of Wildlife, referral received 2-28-2000 X
9 West Greeley Soil Conservation Dist., referral received 3-2-2000 X
10 Weld County School District, referral received 3-3-2000 X
11 Greeley-Weld County Airport, referral received 3-31-2000 X
12 City of Greeley, Community Development Dept., referral received X
3-31-2000
13 Weld County Sheriff's Department, referral received 3-16-2000 X
14 Colorado Geologic Survey, referral received 3-10-2000 X
15 Weld County Dept. of Public Health & environment, referral X
received 3-10-2000
16 Weld County Dept. of Public Works, referral received 3-2-2000 X
17 Union Colony Fire/Rescue, referral received 2-28-2000 X
18 Weld County Building Inspection, referral received 2-23-2000 X
L19 8 '/2 X 11 maps submitted by applicant( 2 pages) X
20 Deed ( 2 pages) X _
21 Surrounding Property Owners ( 7 pages) X
22 Soil Survey (16 pages) X
23 Colorado Geologic Survey, referral received 4-17-2000 X
24 Photo of Posting X
25 Colorado Geologic Survey, referral received 4-20-2000 X
2000-2530
26 Memorandum dated 4-18-2000 from Ogle to File of Street Cross X
Section Sketch
27 Correspondence from Greeley-Weld Airport dated 4-26-2000 X
28 Greeley-Weld Airport Layout Plan dated September 1998, X
received at PC Hearing date April 18, 2000
29 Greeley-Weld Airport Building Area Layout Plan dated X
September 1998, received at PC Hearing date April 18, 2000
30 Greeley-Weld Airport Airspace Drawing (FAR PART 77 X
SURFACE) Plan dated September 1998, received at PC Hearing
date April 18, 2000
31 Greeley-Weld Airport Runway 9/27 Runway Protection Zone Plan X
and Profile dated June 1994, received at PC Hearing date April
18, 2000
32 Greeley-Weld Airport Runway 16/34 Runway Protection Zone X
Plan and Profile dated September 1998, received at PC Hearing
date April 18, 2000
33 Greeley-Weld Airport Runway 17/35 Runway Protection Zone X
Plan and Profile dated June 1994, received at PC Hearing date
April 18, 2000
:34 Greeley-Weld Airport Runway Land Use Plan dated June 1994, X
received at PC Hearing date April 18, 2000
:35 Summary Report Greeley-Weld Airport Master Plan and X
Supporting Documentation, received unknown date, year 2000
The 35 items identified herein were submitted to the Department of Planning Services' at or prior to the
scheduled Weld County Planning Commission hearing.
Kim Ogle Plan II
Wpe:
CHANGE OF ZONE
•
ADMINISTRATIVE RECOMMENDATION
COLORADO
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
West of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 62; west of and adjacent to WCR 41.5
ACRES: 17.62 PARCEL # 0961 04 200015
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
• DE APPROVED 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 Pian,
MUD Ordinance if applicable, any Intergovernmental Agreement in effect influencing
the PUD, and the Weld County Zoning and Subdivision Ordinance. The proposed
site is not presently influenced by any Inter-Governmental Agreements. -he
proposal is consistent with the aforementioned documents as follows:
1) UGB.Goal 2 states, "Concentrate urban development in or adjacen 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 City 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 3/E;;;"i"";"::::.
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. Tie ^°;.;:.;:: :: ::;;:;: ;::::
Department of Planning Services will require the covenant to appear on -.he
recorded final plat.
B. Section 6.4.2.6.2 - The uses which would be allowed in the proposed PLID atll
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 :he
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 road 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
internal street. Adequate separation will include landscaping and
berming 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 and 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 builoirig
site, therefore extend the cul-de-sac to provide access to Lor 1,
Carlson Farms Estates,Z."4I. pt u' 2
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 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 designee 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 public 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 otter
USES within and adjoining the PUD. Compatible use shall be
determined 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 'o
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. A so,
future lot owners of the PUD are made aware of the oil and gas
Carlson Farms Estates.Z?4 I. N s` 3
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 County Commissioners. The development proposed would
have no impact on 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 Weld County is
subject to. These assurances are specifically written to ensure
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 Plann ng
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 Landscaoino 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.
Carlson Farms Estates,7. tidl,p:et 4
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
application is submitted. Further, the applicant shall adhere to
Section 12 of the Subdivision Ordinance and Section 2.6 and 9. of
the PUD Ordinance.
8) 2.12 Monuments - Permanent reference monuments shall be set on :he
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 PJD
shall comply with Section 41 of the Weld County Zoning Ordinance.
Prior to the Board of County Commissioners hearing, a Circulation
plan shall be 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 shall be 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
11) 2.16 Public Water Provisions - Public water systems serving PUD's must
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 shall 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 siall
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.
Carlson Farms Estates,/ 341. 5
12) 2.18 Urban Scale Development - Developments exceeding 5 lots anctor
located in close proximity to existing PUD's, subdivisions, municipal
boundaries, or urban growth corridors and boundaries. All urban
scale developments 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 UPS- Uses within a PUD Zone District shall be described by filings,
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 description 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 of the use.
This application does not propose an estimated time frame for :m-
site construction, including future amenities and landscaping for the
screening and buffering of adjacent streets and properties.
14) 2.20 Water and Sewer Provisions - A PUD Zone District shall be serviced
by an adequate water supply and sewage disposal system.
The application is proposing North Weld County water and the Weld
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 covenants for the preservation and for protection of the
second absorption field envelope 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.
Further, 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 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
Carlson Farms Estates,/, I. pa c, 6
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
show evidence that an adequate attempt has been made to mitigate the concerns
of the ditch 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 refe-ral
comments indicate that the proposed typical road cross section, right-of-way and cul-
de-sac dimensions is not adequate. The attached conditions of approval require the
plat to be 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
comments. 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.
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 requirem€nts
Carlson Farms Estates,Z 541, puGt 7
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 t
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 leg for the airports 112W
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 Octooer
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 in 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 ab lity
of soils 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), USES,
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 Unit
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.
Carlson Farms Estates,7. 541, peat 8
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 /Rescue Department regarding fire hydrants to provide adequate fire flow is
addressed through the 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 sprinkler-ed.
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
Section 2.9 and 9.3 of the PUD Ordinance. Specifically addressing on-going
maintenance, planting 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 new 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. Per 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 County Planned Unit
Development Ordinance as indicated in the Sketch Plan comments.
Carlson Farms Estates,Z 541, p.igc 9
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 information 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
Mixed Use Development area.
H. Section 6.3.88 Intergovernmental Agreement Impacts: The proposed change of zone
does not lie 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 entites.
The Change of Zone from A (Agricultural) to PUD for seven (7) lots with Estate Zone uses is
conditional upon the following:
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 properties 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 fu""ure
drilling sites. (Dept. of Planning Services)
B. Appropriate documentation from North Weld County Water District shall 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. (Dept. of Planning Services)
C. A Water Supply Information Summary shall be submitted to the Office of the S:ate
Engineer, Division of Water Resources for their review. Office of the State Engineer
response shall be submitted to the Department of Planning Services'. (Depl 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
Carlson Farms Esmtes,Z 541, pai.e 10
Department in a memo dated February 28, 2000, and provide evidence of approval
to the Department 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 information 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 Weld County Attorney's Office and the Department of
Planning Services for review and approval.
H. The applicant shall provide a complete and accurate topographical site survey
for this property. This information shall be submitted to the Colorado Geologic
Survey and to the Department of Planning Services for review and comment.
7. Prior to recording the Change of Zone plat:
A. All proposed street names shall be submitted to the Greeley Post Office for re\,iew
of duplication of street names. Evidence shall be submitted to the Department of
Planning 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 the 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 ,n 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 Geolocical
Survey)
F. The applicant shall address the concerns of the Weld County Department of Pt,blic
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
Carlson Farms Estates,Z 541, pa,'.e I I
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 righ -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
have a minimum width of ten to twelve (10-12) feet with four (4) foot gravel
shoulders. (Dept. of Planning Services, Dept. of Public Works)
H. The applicant shall address the concerns of the Weld County Sheriffs
Department, in a memo dated March 13, 2000 specific to address locations for
individual residences. Written evidence of a solution shall be provided to the
Department of Planning Services. (Sheriff's Office)
The applicant shall submit a proposed estimate for time of construction of the PJD.
(Dept. of Planning Services)
J. The applicant shall enter into an Improvements Agreement Regarding
Collateral for all improvements to the PUD. (Dept. of Planning Services)
K. The applicant shall place an "Aviation Easement over the entire PUD from the
property owner(s) and/or developer to the authority. While such an easement
would assist in protecting the airport from nuisance claims, it would however
still permit a non-compatible land use in one of the airport's critical zones."
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
outllot shall be limited to open space. No structures shall be allowed. Further Outot
A and Outlot B shall be reconfigured to form one contiguous open space.(Dep'. 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
American'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 Individual Sewage Disposal System Regulations. Evidence of Department
of Public Health & Environment approval shall be submitted to the Department of
Carlson [arms [slates,7 54I.pm..e 12
Planning Services. (Dept. of Public Health & Environment)
F Allfuture 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 cul-de-sac radius of a minimum of sixty-five (65) feet. The street shall have
a minimum width 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. (Dap-. 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 RoadE 62
and 41.5 right-of-way reservation for future expansion of Weld County Roads 62 3nd
41.5 shall be delineated on the plat.
I. 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.
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. (Depi of
Planning 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,
and 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
Ordinance. (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)
10. In the event that more than five acres of the site is disturbed during the construction and
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 dw ing
all parts of the construction phase of the project. (Dept. of Planning Services)
Carlson Farms Estates,Z 341, pat 13
11 . 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 agricultural to
PUD with Estate Zone District uses as indicated in the application materials or file
in the 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 arid
/or protection of the second absorption field for future use.
E. A Weld County Septic Permit is required for each proposed home septic system arid
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.
I. 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
homeowners association is responsible for liability insurance, taxes and
maintenance of open space, streets, private utilities and other facilities. Open space
restrictions are permanent.
Carlson Farms Estates,Z 54 I, pa e I4
K. Addresses to the residences shall be visible from the internal street of the PUD
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 lcng-
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 moiled
"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 Sate
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 thar on
patrols of the county and the distances which must be traveled may delay .All
emergency responses, including law enforcement, ambulance, and fire. ['ire
protection is usually provided by volunteers who must leave their jobs and fam!iies
to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road.
Snow removal priorities mean that roads from subdivisions to arterials may no. be
cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not
be equivalent to municipal services.
Children are exposed to different hazards in the county than in an urbar or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches, electrical 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 farmer's livelihood.
M. Proper building permits shall be obtained prior to any construction or excavati r
Carlson Farms Estates,Z 541,pm e 15
N. Building permits are required for any accessory buildings being constructed or mcved
onto the property. Additionally, permits are required for any decks and patios
O. All foundations of principal dwellings will be required to be engineered. Such
foundation design shall be based on a site-specific geotechnical report or an
"open hole" inspection 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.
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 Procedures
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 lime
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 requiremert 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) 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 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 applicant to demonstrate that the
Carlson Farms Estates,7.541, po .e I6
the PUD has not been abandoned. If the Board determines that condition; 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. (Dept. of
Planning 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 teat
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:
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)
Carlson Farms Estates page 17
".°7->
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
aStc.
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
ygy
COLORADO
February 16, 2000
Torn Honn
1601 Quail Hollow Dr
Ft. Collins, CO 80525
Subject: Z-541 - Request for a Change of Zone for Minor Subdivision to Estate Zone District on a parcel
of land described as Part of the W2 NE4 NW4 of Section 4, Township 5 North, Range 65 West )f
the 6th P.M., Weld County, Colorado.
Dear Mr. Honn:
Your application and related materials for the request described above are being processed. I have schedL cd
a meeting with the Weld County Planning Commission for April 18, 2000, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It rs
recommended that you and/or a representative be in attendance to answer any questions the Planring
Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission
for its review and comments. Please call the city of Greeley at 970-350-9780 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance
at the Greeley Planning Commission meeting to answer any questions the Commission members may have
with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time. date, and location. In the event the property is not adjacent to a publicly
maintained road right-of-way, one sign will be posted in the most prominent place on the property and a
second sign posted at the point at which the driveway (access drive) intersects a publicly maintained mad
right-of-way.
They Department of Planning Services' staff will mate a recommendation concerning this application to Me
Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' once
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully, x % {ffff .' art
Kim O! e
Planner
a vr.
DEPARTMENT OF PLANNING SEMI( 'ES
PHONE (970) 353-6100, EXT.3540
FAX(970)304-6498
E-mail address: kogle@CO.Weld.CO.115
�`' • WELD COUNTY ADMINISTRATIVE OFFICES
COLORADO 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
November 4,1999
Mr. Tom Honn
1601 Quail Hollow Drive
Fort Collins, CO 80525
RE: S-507 / Carlson Farms Estates PUD Sketch Plan for 7 Residential Lots on 17.62 acres
Legal: NE4 NW4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County,
Colorado
Water: North Weld Water District
Dear Mr. Honn:
The Department of Planning Services' staff and various referral agencies have reviewed your
Sketch Plan application for the proposed Carlson Farms Estates PUD. The Sketch Plan comments
and agency referral responses may not be all inclusive, as other concerns or issues may arise
during the remaining application processes.
Copies of the following referral agency comments are enclosed:
• West Greeley Soil Conservation District, referral received 9-28-99
• Weld County Building Inspections Department, referral received 9-29-99
• Greeley School District # RE-6, referral received 10-01-99
• Weld County Health Department, Division of Environmental Health Services,
referral received 10-04-99
• Union Colony Fire & Rescue, referral received 10-05-99
• State of Colorado Geological Survey, referral received 10-12-99
• Weld County Department of Public Works, referral received 10-14-99
• City of Greeley, referral received 10-14-99
S-507, Sketch Par 1
OVERVIEW
This PUD Sketch Plan proposes a development of 7 Estate zoned residential lots, located on 17.62
acres currently in the Agricultural Zone district and within the City of Greeley Urban Growth
Boundary. The Planned Unit Development Ordinance considers any subdivision over five (5) lots
to be urban scale development. This proposal is for seven (7) lots, thus it is considered urban scale.
The site is Lot B of Recorded Exemption 715. The application indicates proposed lot sizes ranging
from 1.62 acres to 4.09 acres for the seven lots, which is consistent with Planned Unit Development
(PUD) Zone bulk regulations. The applicant intends to rezone approximately 17.62 acres to PJD:
with Estate uses. The proposal is to be served by the North Weld Water District and individual
septic systems for sewage disposal. The applicant is proposing 3.7 acres of open space.
The following comments are based upon consistency with the Weld County Subdivision and Zoning
Ordinances and the Weld County Comprehensive Plan.
COMPLIANCE WITH COMPREHENSIVE PLAN
A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the economic
health and continuance of agriculture." The preservation of prime farmland is one of the primary
goals of the Weld County Comprehensive Plan. The subject property is categorized as"Prime" and
"Prime if Irrigated" farmgound by the United States Department of Agriculture. The applicant has
indicated a desire to maintain the agricultural character of the parcel. The applicant shall
demonstrate in future applications how the proposed development will preserve prime farmland and
co-exist with surrounding agricultural land uses.
A.Goal 4 states, "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 product vity
in Weld County." Potential impacts to the agricultural community shall be addressed by the
applicant. The level of development, availability of existing infrastructure, agricultural
productiveness of the site and feasibility for continued farm production on the site shall be
addressed in future applications.
UGB.Goal 3 states, "The County and municipalities should coordinate land use planning in urban
growth boundary areas, including development policies and standards, zoning, street and highway
construction, open space, public infrastructure and other matters affecting orderly development."
The City of Greeley, in a referral dated October 14, 1999 stated "we cannot recommend approval
of any application with the overall gross density exceeds one dwelling unit per ten (10) acres w thin
the Long Range Growth Area." Further, "the density standards encourages development within
urban areas where services are provided, to encourage cluster development so as to preserie
agricultural lands, and to accommodate future potential urban development. None of these criteria
are met in this proposed PUD. In addition, the subdivision would be difficult to incorporate into
future urban growth" areas. The applicant shall demonstrate in future applications how the
proposed development is compatible with the County's Comprehensive Plan and the Cit.; of
Greeley's Long-Range Expected Growth Area Plan.
R.Policy 5 states, "New Residential development should demonstrate compatibility with existing
surrounding land-use..." The existing surrounding land uses include agricultural and residential
uses. There does exist single-family homes associated with farms to the north and south of the
5-507, Sketch P 13r, 2
subject parcel. The applicant shall demonstrate how the proposed development will be compatible
with the existing area. Future applications shall address potential impacts to the surrounding area
as well as any proposed mitigation of potential conflicts between the proposed subdivision and the
existing farming practices.
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. As previously stated, the subject property is considered prime and prime if irrigated
farmland and the property is situated adjacent to other agricultural farming activities. The right to
farm covenant and its relationship to the development shall be addressed and incorporated mto
future applications. As indicated in a Health Department referral dated October 4, 1999, the r ght
to farm covenant shall be placed on the plat.
PUD.Policy 4.2 states that a planned unit development which includes a residential use should
provide common open space free of buildings, streets, driveways, or parking areas. Common open
space is defined as any usable parcel of land or water essentially 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 an area. Open space restrictions are
permanent, not for a period of years. A homeowners association shall be established before any
residences are sold, and membership in the association is mandatory for each residential owner.
The homeowners association is responsible for liability insurance, taxes, and maintenance of open
space, street(s), private utilities, and other facilities. The open space lot functions as a separate
non-buildable parcel. In future applications the applicant shall demonstrate the usability of the
open space, specifically the passive/non-passive intent for the parcel.
•
Although the application proposes 3.7 acres of open space, it appears that only lots 1,2,3,4 and 7
will have direct access to this area. Common open space should be common to all lots in the
development, as directed by Sections 6.3.5 and 2.5 of the PUD Ordinance. Future applications shall
also address maintenance of the open space lot, which will be provided through the homeowner's
association.
P.Goal 2 requires adequate facilities and services to assure the health, safety, and general welfare
of the present and future residents of Weld County. The Weld County Public Works Department,
in a referral dated October 14, 1999, is requiring the proposed cul-de-sac to have an outside
pavement edge radius of fifty (50) feet or more and a right-of-way of sixty-five (65) feet, pursuant
to Section 10.2.1.13 of the Weld County Subdivision Ordinance.
The plat shall also be amended to identify the road cross section identifying depth and width of
asphalt and base or full depth asphalt for the interior road. The Weld County Public Works
Department has indicated that this cross section should identify two 10 to 12-foot (10-12') driving
lanes and four-foot (4') shoulders. As stated previously, sixty (60) feet of right-of-way shall be
delineated on the plat for construction of the internal road. The applicant shall place, on the plat,
a designated road name. The applicant will be responsible for providing street name signs and a
stop sign at the appropriate location adjacent to Bliss Road (WCR 62). In subsequent applications
the applicant shall clarify whether the proposed access will be publicly or privately maintainer.
Future applications shall address these, and the other concerns that arise from the Weld Coy my
Public Works Department, the Weld County Health Department, and the Union Colony Fire and
Rescue Association.
S-507, Sketch Pl:m 3
T.Policy 4.3 states that all road,street, and highway facilities should be developed, constructed, and
paved in accordance with adopted county standards. Several county standards regarding access
to the site are challenged by this application.
STREET/UTILITY/ACCESS STANDARDS
Section 4.2.5.7, states "the general statement and cross-section should include width and depth
of roadway and type of surface. Design standards for roads are listed in the Weld County
Subdivision Ordinance# 191. The road classifications are listed in the Weld County Comprehensive
Plan.
Section 4.6.16.12 of the Subdivision Ordinance states, "Ingress and Egress to all lots within the
Minor Subdivision will be to an internal road circulation system." The application, as proposed,
shows three separate accesses to the seven proposed lots. Per the Weld County Subdivision
Ordinance, there shall be only one internal road circulation system.
Concerns pertaining to access shall be addressed in the change of zone application should the
applicant wish to proceed.
Section 10.2 of the Weld County Subdivision Ordinance, as amended, dictates street standards for
PIJD's and subdivisions. T.Policy 4.3 states that all road, street, and highway facilities should be
developed, constructed, and paved in accordance with adopted county standards. The cul-de-sac
radius must be a minimum of sixty-five (65) feet.
As previously mentioned, the plat will need to be amended to include the cross-section of the
internal road, as indicated by the Weld County Public Works Department. The interior road and
typical cross section will need to conform to the standards of the Weld County Subdivision
Ordinance. The applicant shall contact the Weld County Public Works Department to determine
adequate distance between the interior road and cul-de-sac and the right-of-way for Weld County
Road 62.
Section 10.2.1.7 of the Weld County Subdivision Ordinance, states "local County streets shall have
a minimum right-of-way of sixty (60) feet. This requirement applies if the subdivision is private or
publicly maintained."
Section 10.2.1.8 of the Weld County Subdivision Ordinance, states "local County roads 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 subdivision."
Section 10.2.1.13 of the Weld County Subdivision Ordinance, states"the outside pavement radius
of cul-de-sac streets must be fifty (50) feet or more with adequate gravel shoulders."
Section 2.1 of the PUD Ordinance discusses Access Standards for the internal street(s) of a P.JD.
All PUD developments will be served by an internal paved road system according to County
standards. Streets shall be extended to the boundaries of each building site. The applicant will be
required to address the standards and concerns of the Weld County Public Works Department.
Section 2.4 of the PUD Ordinance states that circulation shall be designed and constructel to
include adequate, safe, and convenient arrangements for vehicular and pedestrian circulation off-
S-507, Skerch Par 4
street parking and loading space. Future applications shall address the requirements of extending
the street to each building site within the PUD.
Section 10.6 dictates utility easement standards for county subdivisions and PUD's. These
standards are strictly enforced by the Weld County Utility Advisory Committee, requiring a minimum
total width of twenty (20)feet apportioned equally on abutting properties and rear lot lines within the
development, and a minimum of fifteen (15) feet allocated along front lot lines and any other
perimeter areas. Future submittals must include the delineation of utility easements on each lo' as
required by the Design Standards.
Section 10.10.1 states"the function of the [irrigation] ditch shall not be impaired." Future submittals
shall address the irrigation ditch, and its' incorporation into the PUD design.
OPEN SPACE I LANDSCAPING
Section 2.2 of the PUD Ordinance addresses the need to buffer uses, buildings, and structures
within a PUD from surrounding land uses to encourage compatibility. The applicant shall propose
such adequate buffering and screening from surrounding Agricultural uses.
Section 2.5 of the PUD Ordinance states that 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.
Future applications shall address easy access to the 3.7 acre open space "land" for all residents of
the proposed development.
Section 2.9 of the PUD Ordinance states a Landscaping Plan is required for all PUD applications.
Future applications shall include a landscape plan which addresses Section 6.3.3 of the PUD
Ordinance. The plan shall include botanical and common names for plant material, planting
schedule and on-going landscape maintenance. Additionally, the landscape map shall delineate
landscaping and shall meet the requirements of Section 9.3 of the PUD Ordinance.
Section 6.3.3 of the PUD Ordinance addresses the Landscaping Elements in the PUD. The
Change of Zone shall include a Landscaping Plan as described in Section 6.3.3 of the PUD
Ordinance.
Section 6.3.4 of the PUD Ordinance includes a description of all necessary Site Design
components in the PUD. Any future submittals shall include provisions satisfying all components
of Section 6.3.4.
Section 6.3.5 of the PUD Ordinance describes requirements for Common Open Space Usage. As
described earlier, future submittals shall reflect how the proposed open space is common to all lots,
is maintained by the Homeowner's Association, and satisfies all other components included in
Section 6.3.5.
Section 6.3.6 of the PUD Ordinance specifies that signage within a PUD shall adhere to all
requirements in the PUD, Zoning Ordinance. All permanent signs and sign structures shall be
delineated on the plat and shall require building permits.
S-507, Sketch Plar 5
USES / BULK REQUIREMENTS / COMPATIBILITY OF USES
Section 2.6 of the PUD Ordinance, states compatibility of uses within the proposed PUD as well
as with surrounding uses needs to be further documented by the applicants. It appears that most
of the adjacent land use is dedicated to farming and residential uses. The department recommends
that any future owner should be made aware of the agricultural uses existing in the area and the
Right to Farm Covenant will be placed on the plat.
Section 2.3 of the PUD Ordinance, states that Bulk Requirements (minimum setback, offset lot
size, height of buildings and lot coverage) in the PUD zone district may be varied from the
requirements of a specific zone district. The applicants have not indicated which zone district Bulk
Requirements and Uses they are utilizing for the proposed development. The applicant small
designate in future submittals which zone district Bulk Requirements and Uses are being utili'.ed
for each building parcel.
DESIGN STANDARDS / IMPROVEMENTS AGREEMENT/ SUBDIVISION IMPROVEMENTS
Section 12 of the Subdivision Ordinance, lists subdivision improvements that are the responsibility
of the property owner/developer to complete. The required improvements agreement, which is
recognized by both the owner/developer and Weld County, guarantees construction of all
improvements in accordance with the approved PUD final plan; the agreement is covered in Section
13. Future submittals must address road construction and maintenance, open space landscaping
and maintenance, utility extension, signage, and any other applicable elements of the PUD. An
Improvements Agreement will be required as part of the Final Plat, in accordance with Sectior '3
of the PUD Ordinance.
Section 4.4.1.2 of the PUD Ordinance, addresses the conformance of the uses allowed in the
proposed PUD with the Performance Standards of the PUD Zone District contained in Section two
of the PUD Ordinance. Section two lists twenty (20) Performance Standards as criteria tc he
considered in the review of all PUD applications. The Standards covered here are those that are
most applicable to this proposal, however, future applications shall address all of the twenty 120)
standards which are applicable.
Section 2.7 of the Subdivision Ordinance, pertains to design standards and improvement
agreements. The Design Standards and Improvement Agreements of Section 10, 12 and 13 of the
Subdivision Ordinance shall be utilized when applicable to the PUD Final Plan review and
development. Certain PUD Final Plan requirements may differ from those specifically listed in the
Subdivision Ordinance. Final recording shall not occur until the required improvements agreements
have been approved and collateral tendered.
UTILITY IMPROVEMENTS
Section 6.3.2 of the PUD Ordinance discusses the Service Provision Impacts of the proposal. Any
future submittals shall address all components listed under this section of the Ordinance
ENVIRONMENTAL CRITERIA
Section 6.3.1 addresses compliance with Environmental criteria. Referral agencies have indicated
the following environmental concerns pertaining to this proposal:
S-507, Sketch Plan 6
The Weld County Health Department indicated that the proposed septic systems shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The applicant shall
designate primary and secondary leach field site envelopes and record them on any plat.
Additionally, the Weld County Health Department, Environmental Protection Services recommends
alternative strategies regarding water conservation and waste minimization. Consideration shall
be given to incorporation of radon mitigation measures in the construction of new homes.
As stated elsewhere in these comments, future applications shall address maintenance of the
commonly owned open space. (Outlots A, B, & C)
The Colorado Geological Survey referral response dated October 12, 1999 indicated concerns
pertaining to swelling, collapsible or compressible soils and /or bedrock strata that may underlie the
site. Further, the report indicates steep slopes at the southern end of the property that may he
unstable and recommends development be avoided. Additionally, it is recommended to have furher
geotechnical investigations done for each building site prior to the issuance of building permits.
Finally, Lot seven (7) appears to include areas of potential slope instability. This area shal he
designated as "non-disturbance" or designate a building envelope that avoids the steeper slopes.
The plat to be included in future applications shall delineate building envelopes and septic systems
for each lot. Core samples shall be taken and the soil on each lot shall be evaluated prior to
determining the building envelope locations. Septic systems shall be located according to the Weld
County Health Department requirements as previously stated. The applicant shall address all of the
concerns indicated in the Colorado Geologic Survey's referral.
In a referral dated September 28, 1999, the Weld County Soil Conservation District also indicated
concerns regarding the ability for the soils to support septic systems. Future applications should
reflect the mitigation of any concerns of the Soils District.
The Weld County Health Department further recommends alternative strategies regarding water
conservation and waste minimization consideration such as xeriscaping, low water fixtures,
backyard composting and recycling are a few options available to home owners. They also
recommend that preliminary radon mitigation measures be incorporated in the construction of new
homes.
In a referral dated October 5, 1999, the Union Colony Fire and Rescue Association recommends
locating all structures away from any existing or proposed tank batteries, separator's or well heads.
The County setback from any oil and gas appurtenance is three hundred fifty feet (350') from the
edge of such appurtenance.
In a referral dated September 29, 1999, the Weld County Department of Building Inspection
recommends engineered foundations for each building site. In lieu of a soils report, an "open hole"
inspection may be preformed by an engineer at the time of excavation.
SUMMARY
The Department of Planning Services' Staff recommends the applicant address the following
concerns:
1. The proposed lots, while adhering to the Estate Zone regulations regarding lot size, are
not configured in such a manner which conforms to the definition and understanding :>f a
"subdivision." Existing homes and accesses, parcel size, and existing topographical
concerns all serve to restrict this parcel's viability as a subdivision;
2. There is no "internal road circulation system" for the site. No less than three accesses are
proposed to serve the subdivision. Only one access is allowed in the P.U.D.;
3. Existing on-site geologic constraints will make future construction and septic system
installation difficult. The applicant shall consider re-drawing the parcel lines thereby forming
five (5) or fewer building parcels;
4. The subject parcel is classified as "Prime" farm ground. Preservation of such land s a
priority of Weld County, as documented in the Comprehensive Plan. This proposed
subdivision would remove "Prime" farm ground from production.
5. The City of Greeley does not support the proposed subdivision as delineated.
The current proposed subdivision, as proposed in Sketch Plan does not meet the requirements of
the Planned Unit Development Ordinance and the Weld County Comprehensive Plan If the
applicant chooses to proceed with the Change of Zone application, with the current proposed
subdivision as outlined in Sketch Plan S-507, then the Department of Planning Services will have
no choice other than to recommend denial to the Planning Commission.
As has been mentioned previously, a subdivision redesign should be re-submitted that will address
staff's concerns as described in this letter. However, while a re-submittal by the applicant may
account for some of the issues that have been raised here, existing conditions severely limit the
viability of this property as a candidate for a subdivision.
Please be aware that if the applicant chooses to proceed with the Planned Unit Development
application process, the next step is to submit the Change of Zone application, unless determined
that substantial changes from the Sketch Plan would warrant the need to submit a new Sketch Plan
application. The PUD Change of Zone procedures are described in Section 21 of the Weld County
Zoning Ordinance, Ordinance 89, as amended. Your submittal must address all the issues
described above, as well as, the questions and concerns of the referral agencies as previously
listed.
Please review the enclosed materials and then call to schedule an appointment so that I may
reserve a sufficient amount of time with you. The purpose of the meeting will be to familiarize you
with the Planned Unit Development application procedure and discuss any problems or concerns
identified in this letter. Once again, comments made during the Sketch Plan phase of the Planned
Unit Development submittal procedure and agency referral responses may not be all inclusive as
other concerns or issues may arise during the remaining application processes.
Sincerely,
Kim Ogle
Current Planner
• FIELD CHECK inspection date: April 7, 2000
CASE NUMBER: Z 541
APPLICANT: Torn Honn for John and Charlotte Carlson
LEGAL DESCRIPTION: Pt. W2 NE4 NW4 Section 4, Township 5 North, Range 65 West of
the 6th PM, Weld County, CO
LOCATION: South of and adjacent to WCR 62 ("C" Street); West of and adjacent to WCR 4' .5
Zonin Land Use
N A (Agricultural) N plowed ground
E A (Agricultural) E plowed ground
S A (Agricultural) S Bottomland, fenced
W A (Agricultural) W Bottomland, fenced _�
COMMENTS:
• Property is presently vacant and plowed for planting
At East edge of property lines a concrete lined irrigation ditch
In southeast corner is a SFR (1960s) with outbuildings - Vern & Sylvia Parker
A field access road takes off in north westerly direction from this point into site
Western property line: A SFR (1950s) dwelling with outbuildings and a large travel trailer
Property is landscaped with mature vegetation
Back of property is screened from adjoining properties to the west
Property slopes from north to south
South edge of property stops short of escarpment, and drops quickly to bottomland
There is a fence along the mid southern line
There is a Non-commercial Junkyard located on the property along the south property
line and southest of the existing residence.
Items located here include but are not limited to:
pallets, metal panels, miscelleaneous materials, trucks, and
truck milk bed
jr
Kim OgW, lanner II
Beth Sa`Frrrfan, Code Compliance
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