HomeMy WebLinkAbout20011213.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for approval with amended attached
Conditions of Approval by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
PLANNER: Kim Ogle
CASE NUMBER: Z-556 �= 2 o
APPLICANT: H. Leroy& Phyllis Johnson c/o Todd Hodges Design, LLC
ADDRESS: 2412 Denby Court ~
Fort Collins, CO 80526
REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for five (5) residential lots
LEGAL DESCRIPTION: Lot A of RE-2308 being part of the N2 Section 25, Township 5 North,
Range 65 West of the 6th P.M., Weld County Colorado
LOCATION: South of and adjacent to Weld County Road 54; 0.5 mile east of WCR 47
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement
in effect influencing the PUD and Chapters 19(Coordinated Planning Agreements),Chapter
22 (Comprehensive Plan), Chapter 23(Zoning), Chapter 24 (Subdivision)and Chapter 26
(Mixed Use Development)of this Code. The proposed site is not influenced by an Inter-
Governmental Agreement. The proposal is consistent with the aforementioned documents
as follows:
1) Section 22-2-60.A.1, A. Goal 1 -- "Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture."
Chapter 22, Section 22-2-60.1.1, A. Goal 9 indicates that eighty (80) acres is
considered the minimum lot size for a viable farming operation. The subject parcel
is 27.85 acres net in size and is classified as "prime if irrigated"farmland on the
Important Farmlands of Weld County map. Historically the subject parcel has not
been utilized for crop production. Given the lack of viable soils, lack of irrigation
water and shape of the parcel,the parcel is not economically viable for agricultural
production. Therefore, prime farmland will not be removed from production.
2) Section 22-2-60.C.2, A. Policy 3— "Conversion of agricultural land to residential,
commercial and industrial development will be discouraged when the subject site
is located outside of a municipality's comprehensive plan area, urban growth
boundary area, or 1-25 Mixed Use Development area and urban development
2 IXHielf
2001-1213 Swo.,
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RESOLUTION, Z-556
H. Leroy& Phyllis Johnson
Page 2
nodes." The application proposes non-urban scale development as defined by
Section 27-2-140 of the Weld County Code. Section 27-2-140 defines urban scale
development as "...developments comprising of five (5) or fewer residential lots,
located in a nonurban area as defined in Chapter 22 of this Code, not adjacent to
other PUDs, subdivisions, municipal boundaries or urban growth corridors." This
proposal includes public water and consists of five (5) PUD Estate zoned
residential lots and one 11.98 acre open space lot. The proposed minimum lot size
is two and one-half (2 '/1 ) acres with an overall density of 5.57 acres per septic
system.
3) Section 22-2-60.D.2, A. Policy 4 "Provide a mechanism for the division of land
which is agriculturally zoned. The intent of this goal should be to maintain and
enhance the highest level of agricultural productivity in Weld County." The
proposed level of development is non-urban as defined in Section 27-2-140. The
addition of five (5) PUD Estate zoned residential lots will have minimal impact on
the local service providers.
3) Section 22-2-90.C.1, UGB. Goal 3 "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." This
proposal is located outside of the City of Greeley Long Range Expected Growth
Area. The Towns of Kersey and Garden City have indicated that they find no
conflict with their interests.
4) Section 22-2-170.C.2.b, R. Policy 3.2 "New residential development should
demonstrate compatibility with existing surrounding land use in terms of general
use, building height, scale, density, traffic, dust and noise." The proposed
subdivision takes into consideration the surrounding properties,as well as the site
advantages. The site is designed with a perimeter buffer around all lots separating
the residential lots from WCR 54 and the Union Pacific Railway track. The
Department of Planning Services will require Weld County's Right to Farm
statement as stated in Appendix 22-E of the Weld County Code to be placed on the
plat.
5) Section 22-2-190.D.2.b, PUD Policy 4.2 "A planned unit development which
includes a residential use should provide common open space free of buildings,
streets,driveways or parking areas. The common open space should be designed
and located to be easily accessible to all the residents of the project and usable for
open space and recreation...." This proposal includes more than three times the
required open space. Further,the landscape treatment will focus on the entry into
the PUD and in the buffer area between the Union Pacific Railway track and the
residential lots with the remainder of the property planted in native grasses and
drought tolerant vegetation in an effort to conserve available water.
6) Section 22-3-50.8.1, P. Goal 2"Require adequate facilities and services to assure
the health, safety and general welfare of the present and future residents of the
County." The proposed PUD will be serviced with Central Weld County Water for
potable and fire protection requirements. I.S.D.S., septic systems will handle the
effluent flow.
RESOLUTION,Z-556
H. Leroy& Phyllis Johnson
Page 3
B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter
27 of this Code. The applicant has met the twenty performance standards as delineated
in Section 27-2-10 regarding access, buffering and screening, bulk requirements,
circulation, etcetera. The Conditions of Approval and Development Standards ensure
compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code.
C. Section 27-6-120.6.c-That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by Chapter 22 of this Code or master plans
of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The City of
Greeley stated that the proposal is outside of the City of Greeley Long Range Expected
Growth Area, however,in a letter dated April 10,2001,the City recommended denial of the
proposal as the Planned Unit Development does not comply with the policies and intent of
the City of Greeley's Comprehensive Plan and Resolution 7, 1985. The Towns of Kersey
and Garden City also both indicated that they find no conflict with their interests.
D. Section 27-6-120.6.d-That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in
Article II of this Code.
Central Weld County Water District has indicated their ability and willingness to service this
application. Sewage disposal will be served by Individual Sewage Disposal Systems
(I.S.D.S.). Based on a geotechnical report from Terracon dated February 10,2000,the site
is unsuitable for conventional septic systems because of shallow groundwater. Because
of this the systems will be required to be designed by a registered professional engineer.
The Department received a letter from Church & Associates, Inc. dated April 13, 2001
proposing optional septic systems for the property,considering the high groundwater table
observed at the site. These proposed systems are acceptable for installation on the site,
although a reduced size absorption field is not allowed for advanced treatment systems.
Primary and secondary septic system envelopes have been designated on each lot as
recommended. The application states that language restricting building on the septic
system envelopes will be included in the homeowners association covenants,which will be
submitted with the Final Plan application.
E. Section 27-6-120.6.e-That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
The Weld County Public Works Department has reviewed the proposal and has
determined that the internal road to the PUD shall be paved and constructed in width that
is consistent with Table III-21 of the AASHTO Green Book. Further,Weld County Road 54
is designated as a collector status road that requires eighty (80) feet of right-of-way.
Presently there is sixty(60)feet of right-of-way. A total of forty(40)feet from the centerline
of Weld County Road 54 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 54. The City of Greeley, in a letter dated April 10,
2001 has designated WCR 54 as an arterial roadway that requires one hundred (100)feet
RESOLUTION, Z-556
H. Leroy& Phyllis Johnson
Page 4
of right-of-way. A total of fifty(50)feet from the centerline of Weld County Road 54 shall
be delineated on the plat as right-of-way reservation for future expansion of Weld County
Road 54.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable.
Development Standards and Conditions of Approval ensure compliance with Chapter 24,
Article VII, and Sections 24-9-10 and 24-9-20 of this Code.
The Weld County Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld
County Code for improvements to Prairie Echoes Court and all on-site improvements.
G. Section 27-6-120.6.g -That there has been compliance with the applicable requirements
contained in Chapter 23 regarding overlay districts,commercial mineral deposits, and soil
conditions on the subject site.
The Greeley Weld County Airport, in their referral letter dated April 6, 2001, stated the
location of the proposed development is within the Greeley-Weld County Airport's Area of
Concern as defined in the Greeley-Weld County Airport Surrounding Land Use Guidelines.
Specifically the site is located beneath the 7:1 Transitional Surface associated with the
approach slopes for Runway 34 at the Greeley-Weld County airport, and is in close
proximity to the final approach path for that runway. The Airport Authority recommends the
applicant execute an Avigation Easement,which will protect the interests of Weld County,
the City of Greeley, and the Greeley-Weld County Airport Authority in the future from
potential nuisance complaints that may be generated by aircraft noise.
The Colorado Geological Survey, in their referral letter dated March 22, 2001, identified
several areas of concern for the site, including the potential for shallow groundwater. The
natural topography of the site and the surrounding vicinity may lead to drainage problems
on and off-site. Grading shall be undertaken to provide positive drainage around the
buildings, and structural design should conform to any limitations imposed by possible
shallow groundwater.
The Weld County Department of Public Works stated that the submitted drainage plan,
although adequate,would require the resolving of some minor issues and the submission
of additional documentation as outlined in the memorandum dated March 16, 2001.
In the referral response dated March 12, 2001, the Weld County Building Inspection
Department is requiring engineered foundations for each structure.
H. Section 27-6-120.6.h-Consistency exists between the proposed zone district(s),uses,the
specific or conceptual development guide.
r
RESOLUTION, Z-556
H. Leroy& Phyllis Johnson
Page 5
The submitted Specific Development Guide does accurately reflect the performance
standards and allowed uses described in the proposed zone district, as described
previously. The applicant is requesting that the Final Plan be administratively reviewed.
The Department of Planning Services' staff concurs with this request.
This Approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from A (Agricultural)to PUD with Estate Zone District uses is conditional upon the
following:
1. The applicant shall provide the Department of Public Health and Environment with viable
alternatives to conventional septic system alternatives that will mitigate any contamination to
groundwater and not pose a threat to the health,safety and welfare to citizens of Weld County. The
applicant shall provide evidence to the Department of Planning Services' that the concerns and
issues pertaining to the septic systems have been addressed and implemented to the satisfaction
of the Weld County Department of Public Health and Environment. (Dept. of Public Health &
Environment and Dept. of Planning Services)
2. Prior to recording the Change of Zone plat:
�` A. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld County
Code. (Dept. of Planning Services)
B. The applicant shall submit a proposed estimate for time of construction of the PUD. (Dept.
of Planning Services)
C. The applicant shall submit a additional information, as required, for the 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)
D. The applicant shall address the concerns of the LaSalle Fire Protection District. Written
evidence of a solution shall be provided to the Department of Planning Services. (LaSalle
Protection District)
E. The applicant shall address the concerns of the Weld County Sheriffs Department, in a
memo dated November 28, 2000 and incorporate remedies for these concerns. Written
evidence of a solution shall be provided to the Department of Planning Services. (Sheriff)
F. The applicant shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable).
(Dept. of Planning Services)
2. The plat shall be amended to include the following:
A. The road cross-section for Prairie Echoes Court as approved by Weld County Department
of Public Works.
RESOLUTION, Z-556
H. Leroy&Phyllis Johnson
Page 6
B. The applicant shall identify and illustrate how landscaping shall be incorporated along WCR
54 and the Julesburg Branch of the Union Pacific Railroad tracks.
C. The applicant shall delineate primary and secondary septic envelopes on each parcel.
D. The applicant shall delineate a fifty(50)foot right-of-way reservation from the centerline of
Weld County Road 54 as stated in the City of Greeley referral date April 10, 2001.
4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for
recording within thirty (30) days of approval by the Board of County Commissioners. (Dept. of
Planning Services)
5. The Change of Zone is conditional upon the following and that each shall be placed on the Change
of Zone plat as notes prior to recording:
A. The site specific development plan is for a PUD Change of Zone from A (Agricultural) to
PUD with Estate Zone District uses as indicated in the application materials on file in the
Department of Planning Services and subject and governed by the Conditions of Approval
stated hereon and all applicable Weld County Regulations. Noncompliance with any of the
foregoing Conditions of Approval may be reason for revocation of the Permit by the Board
of County Commissioners.
B. Approval of this plan may create a vested property right pursuant to Article VIII,Section 23-
8-50 of the Weld County Code. (Dept. of Planning Services)
C. The applicant shall obtain water from Central Weld County Water District. (Dept. of Public
Health and Environment)
D. A Weld County Septic Permit is required for each proposed septic system and shall be
installed according to the Weld County Individual Sewage Disposal System Regulations.
(Dept. of Public Health and Environment)
E. Each septic system shall be designed for site-specific conditions, including but not limited
to maximum seasonal high groundwater, poor soils and shallow bedrock. Maximum
seasonal high groundwater has been documented at 1.4 feet below the surface, based on
boring observations on October 3, 2000 from Terracon. (Dept. of Public Health and
Environment)
F. Each septic system shall be designed using a Colorado Department of Public Health and
Environment approved advanced treatment system. (Dept. of Public Health and
Environment)
G. Primary and secondary septic envelopes shall be designated on each lot. Septic system
envelopes shall meet the required setbacks as described in the Weld County Individual
Sewage Disposal System Regulations. (Dept. of Public Health and Environment)
H. Language for the preservation and/or protection of the second absorption field envelope
shall be placed in the development covenants. The covenants shall state that activities such
/"', as landscaping(i.e.,planting of trees and shrubs)and construction(i.e.,auxiliary structures,
dirt mounds,etcetera)are expressly prohibited in the designated absorption field site. (Dept.
of Public Health and Environment)
f•-., RESOLUTION, Z-556
H. Leroy& Phyllis Johnson
Page 7
The applicant shall obtain a storm water discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment, if required. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (Dept. of Public Health and Environment)
J. If land development creates more than a 25 acre contiguous disturbance,or exceeds six(6)
months in duration, the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice (A.P.E.N.), and apply for a permit from the Colorado
Department of Public Health and Environment. (Dept. of Public Health and Environment)
K. 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. (Dept. of Public Health and Environment)
L. 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. (Dept. of Public Health and Environment)
M. 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 during
all parts of the construction phase of the project. (Dept. of Public Health and Environment)
N. A Home Owner's Association shall be established prior to the sale of any lot. Membership
in the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance,taxes and maintenance of open space, streets, private utilities and other
facilities. Open space restrictions are permanent. (Dept. of Planning Services)
O. Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County Code
(Weld County Comprehensive Plan dated October 31,2000). (Dept.of Planning Services,
Dept. of Public Health and Environment)
P. Potential Purchasers are hereby notified that a dairy operation is located directly north of the
intersection of Weld County Roads 54 and 49,and a turkey farm is located south southeast
of the intersection of Weld County Roads 54 and 49. Off-site impacts that may be
encountered include noise from trucks,tractors and equipment;dust from animal pens and
odors from animal confinement, silage, and manure. (Dept. of Planning Services)
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Dept.
of Planning Services)
R. All signs including entrance signs shall require building permits. Signs shall adhere to
Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary
and permanent signs. (Dept. of Planning Services and Building Inspection)
S. 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. (Dept. of
Planning Services)
RESOLUTION, Z-556
H. Leroy& Phyllis Johnson
Page 8
T. Proper building permits shall be obtained prior to any construction, remodeling, demolition
or excavation. (Dept. of Building Inspection)
U. All foundations, structures and building systems are required to have engineered
foundations shall be based on a site-specific geo-technical report performed by a Colorado
licensed engineer. Any fill material shall contain no rock or similar irreducible material with
a maximum dimension greater than twelve (12) inches. All fills shall be compacted to a
minimum of ninety(90)percent of maximum density. Engineering reports shall be supplied
for all fill material. (Dept. of Building Inspection)
V. All structures shall conform to the Section 29-2-20 of the Weld County Code,Article II(1997
Uniform Building Code), Section 29-2-30 of the Weld County Code, Article 11 (1998
International Mechanical Code), Section 29-2-40 of the Weld County Code,Article II(1999
Electrical Code),29-2-50 of the Weld County Code,Article II (1997 International Plumbing
Code)and Section 29-2-10 of the Weld County Code,Article II, Chapter 29 (current Weld
County Building Ordinance). (Dept. of Building Inspection)
W. All buildings or structures shall maintain distances from the property lines and adjacent
structures as outlined in Section 29-3-160 of the Weld County Code. (Dept. of Building
Inspection)
X. Complete drawings shall be submitted for review by the LaSalle Fire Protection District.
(Dept. of Building Inspection)
Y. At the time an application is accepted for a building permit, a plan review will be done. A
complete review of the building or structure by the Weld County Building Inspection
Department or the LaSalle Fire Protection District may reveal other building issues or areas
needing attention. (Dept. of Building Inspection)
Z. The property owner shall be responsible for compiling with the Performance Standards of
Chapter27,Article II and Article VIII,of the Weld County Code. (Dept.of Planning Services)
AA. 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.
BB. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to
submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not
submitted within two(2)years of the date of the approval of the PUD Zone District,the Board
of County Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and that the applicant
possesses the willingness and ability to continue with the submission of the PUD Final Plan.
The Board may extend the date for the submission of the PUD Final Plan application and
shall annually require the applicant to demonstrate that the PUD has not been abandoned.
If the Board determines that conditions or statements made supporting the original approval
of the PUD Zone District have changed or that the landowner cannot implement the PUD
Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD
Zone District and order the recorded PUD Zone District reverted to the original Zone District.
(Dept. of Planning Services)
RESOLUTION, Z-556
H. Leroy& Phyllis Johnson
Page 9
CC. The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the
Weld County Code. (Dept. of Planning Services)
DD. 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 Code and Policies. (Dept. of Planning Services)
6. At the time of Final Plan submission:
A. The applicant shall submit final road layout and alignment plans with associated documents
to the Department of Public Works for their review and approval. (Dept. of Public Works)
B. The applicant shall submit an on-site (Private) Improvements Agreement that addresses all
improvements associated with this development, per compliance with Section 24-9-10 of the
Weld County Code. (Dept. of Planning Services)
C. 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)
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
Public Works, Planning Services)
E. Service Provision Impacts for ambulance shall be addressed as required by Section 27-6
-
50.6.4 of the Weld County Code. (Dept. of Planning Services)
F. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 (PUD)of
the Weld County Code. (Dept. of Planning Services)
G. The applicant shall contact the Platte Valley School District, RE-7, to finalize a bus pick-up
and drop-off location. (Dept. of Planning Services)
H. The applicant shall address the concerns of the Greeley-Weld County Airport Authority as
stated in a letter dated April 6,2001. 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. (Dept. of Planning Services)
I. The applicant shall submit a time frame for construction in accordance to Section 27-2-200
of the Weld County Code. (Dept. of Planning Services)
J. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation); acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif(Group 4)... (Group 6 is not acceptable). (Dept.
of Planning Services)
RESOLUTION, Z-556
H. Leroy& Phyllis Johnson
Page 10
7. Prior to the release of any building permits:
A. The applicant shall supply designated street and stop signs, as required by Weld County
Public Works, at the appropriate locations. (Weld County Public Works)
Motion seconded by Arlan Marrs.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Stephen Mokray Fred Walker
Arlan Marrs Jack Epple
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
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,Vicki Hamilton,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 1, 2001.
Date the 1st of ay, 2001
Vicki Hamilton
Secretary
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