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HomeMy WebLinkAbout20012483.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Colorado Elk Ranch, LLLP Case Number Z-557 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Letter to Applicant X 5 Legal Notifications (2 pages) X 6 Applications (4 pages) X 7 Referral List X 8 Town of Ault referral received 5/23/01 X 9 Weld County Department of Public Health and Environment X referral received 5/25/01 10 Weld County Zoning Compliance Officer referral received 4/25/01 X 11 Weld County Department of Building Inspection referral received X 4/27/01 12 Colorado Department of Transportation referral received 4/12/01 X 13 Colorado Department of Transportation referral received 5/1/01 X 14 West Greeley Soil Conservation District referral received 5/1/01 X 15 Weld County RE-9 School District referral received 4/16/01 X 16 Weld County Department of Public Works referral received X 4/18/01 17 Weld County Sheriff's Office referral received 5/15/01 X 18 City of Thornton - Farm Management Office referral received X 5/30/01 19 8 1/2 X 11 road cross-section submitted by applicant(1 page) X 20 Property Deed (2 pages) X 21 Surrounding Property Owners (12 pages) X 22 Colorado Division of Water Resources Letter(1 page) X 23 North Weld County Water District ability to serve letter dated X 1/11/99 (1 page) 24 North Weld County Water District ability to serve letters dated X 5/21/01 (1 page) J. EXHIBIT 2001-2483 _.a__. COZ 4557 25 North Weld County Water District Water Service Agreement X 26 North Weld County Water District Service Agreement(signed) X 27 Irrigation Well Information (7 pages) X 27 Items submitted at planning commission I hereby certify that the 27 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Chris Gathman ❖ Current Planner EXHIBIT \I _ ____ WliDc. COLORADO CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION CASE #: Z-557 PLANNER: Chris Gathman APPLICANT: Colorado Elk Ranch, LLLP CIO Mikal Torgerson Architects, P.C. ADDRESS: 211 Jefferson, Fort Collins, CO 80524 REQUEST: Change of Zone from A(Agriculture)to Planned Unit Development to create Thirty- Eight (38) PUD zoned lots for single family residential uses on approximately 57 Acres along with 32.12 acres of open space LEGAL DESCRIPTION: Part of the NE4 of Section 12, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to WCR 37 and south of and adjacent to WCR 84 ACRES: +/- 57 PARCEL # 0707-12-000020 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The submitted materials are not in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120 8.6.a The proposal is not 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. 1) Section 22-2-60 C.2 A.Policy 3 states "Conversion of agricultural land to urban- scale residential, commercial and industrial development will be discouraged when the subject site is located outside of an approved intergovernmental agreement area... This policy is intended to promote conversion of agricultural land in an orderly manner which is in harmony with the phased growth plans of a municipality and the County. It is further intended to minimize the incompatibilities that occur between uses in the agricultural district and districts that allow urban type uses." The site is not presently located within an intergovernmental agreement area and is located on land designated as "Prime" per the 1979 USDA Soil Conservation Service Map. The number of lots proposed, thirty-seven, is considered to be urban scale development. The site is located across WCR 37 from an existing feedlot and immediately southwest of a feedlot permitted through a special use permit (USR- 744). This feedlot is permitted for a total of 4,000 head of cattle. The existing feedlots create a compatibility issue with the proposed planned unit development in terms of odors and other impacts. Staff feels that the proposed planned unit Z-557- Stark Farm PUD development is not compatible with these uses. 2) Section 22-6-40.B.2 requires the applicant to submit a statement as to how the PUD development will plan for and accommodate impacts related to smoke dust and odors. The applicants have indicated that they will have a"right to farm"covenant, and will make purchasers in the area aware of the adjacent feed lots. This will make future purchasers aware of these impacts but will not provide adequate protection from the existing feedlots in regards to dust, odors and flies. Recently, there have been several conflicts between residential and agricultural uses outside of urban growth boundaries. (See Dyeland Dairy comments) B. Section 27-6-120 8.6.6 The uses which would be allowed in the proposed PUD will not conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II of the Weld County Code. Section 27-2-40:The applicants are requesting a waiver from the minimum lot size requirements(2.5 acres)of the Estate Zone District. Lot sizes range from less than 1 acre to over 2 acres. Section 27-2-5a The Weld County Department of Public Works in their referral received April 18, 2001 are requiring that the block length for the southern roadway be reduced to no more than 1,500 feet. The roads as submitted do not meet this criteria. This will require a redesign of the internal roads of the subdivision. The Department of Planning Services believes that, for internal pedestrian circulation within the Planned Unit Development, the applicant should provide sidewalks for pedestrian and bike use. C. Section 27-6-120 8.6.c That the uses which would be permitted will not be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed development will not be compatible with adjacent agricultural land uses. The development site is located immediately southwest of a feedlot that has been approved for a maximum of 4,000 head of cattle (USR-744). The proposed development is not located within an urban growth boundary. It is located within the 3-mile referral area for the Town of Ault. The Town of Ault in their referral dated May 15, 2001 indicated that they found no conflicts with their interests. The Town of Ault indicated that they would like to review the traffic impact study to see the traffic impact created by the PUD on their town. D. Section 27-6-120 8.6.d That the PUD Zone District shall not be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Chapter 27, Article II of the Weld County Code. The development is proposed to be served by the North Weld County Water District. The applicants have a water agreement with North Weld County Water District to extend water lines to the development site. The Colorado Division of Water Resources - Office of the State Engineer in their referral received April 16, 2001 Z-557 - Stark Farm PUD 2 indicated that the North Weld County Water District has not submitted sufficient evidence documenting that the proposed water supply can be provided without causing injury to existing water rights. The applicants are proposing individual septic systems for this development. The Weld County Department of Public Health and Environment indicated in their referral received May 10, 2001 that Lots 20, 37 and 38 of the proposed development do not meet current Health Department policy because they are less than 1 acre in size. The three septic system envelopes designated on each lot shall be combined to make two septic envelopes per lot. The Department of Public Health and Environment also indicated that the septic envelope for Lot 36 does not meet the 100-foot setback to the irrigation ditch. The Department of Public Health is requiring that lot sizes to be increased, septic envelopes be redesigned to meet minimum lot size and ditch setback requirements and septic system envelopes for each lot be reduced to two envelopes per lot. E. Section 27-6-120 8.6.e That street or highway facilities providing access to the property are not adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed Zone District. The Weld County Department of Public Works indicated in their referral response received April 18,2001 that the traffic study submitted with this application will need to be revised and resubmitted. The Department of Public Works also indicated that a left-turn bay on State Highway 14 for Weld County Road 37 will be needed to accommodate the increased traffic created by this development. The developer will be required to obtain an access permit from the Colorado Department of Transportation to construct the left-turn bay. The applicant is proposing to add 4-foot shoulders to Weld County Road 37 to mitigate the traffic impacts of this development. Public Works has indicated that this is acceptable. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. Should the Planning Commission motion to approve this application fora Change of Zone from A (Agricultural) to PUD for a thirty-eight (38) Lot Subdivision, Planning Staff recommends the following conditions: 1. The change of zone plat map shall be submitted to the Department of Planning Services for recording within 60 days of approval by the Board of County Commissioners. 2. Prior to scheduling a hearing before the Board of County Commissioners: A. The applicant shall submit a signed copy of the water service agreement with the North Weld County Water District. (Dept. of Planning Services) Z-557-Stark Farm PUD 3 B. The applicant shall submit appropriate documentation to the Office of the State Engineer- Colorado Division of Water Resources in regards to the three irrigation wells on the property and the proposed connection to the North Weld County Water District. The applicant shall provide evidence from the Division of Water Resources that the proposed water supply can be provided without causing injury to existing water rights. (Dept. of Planning Services) C. The applicant shall submit a copy of an agreement with the Water Supply and Storage Ditch Company, whose irrigation ditch runs along the southern boundary of the proposed development, stipulating that all concerns of the ditch company have been adequately addressed, or submit evidence that reasonable accommodations have been made. (Dept. of Planning Services) 3. 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. A Landscape Plan and maintenance schedule shall be submitted to the Department of Planning Services for review and approval. The Landscape Plan shall adhere to the requirements of Section 27-9-30 of the Weld County Code. The Landscape Plan shall address adequate buffering and screening from surrounding Agricultural uses. (Dept. of Planning Services) C. The applicant shall submit 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 Public Works) D. The applicant shall submit a proposed estimate for time of construction of the PUD. (Dept. of Planning Services) E. The applicant shall submit additional information about the use and design of the proposed common open space in the PUD. (Dept. of Planning Services) 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) G. The Change of Zone plat shall be amended to include the following: 1) "Weld County's Right to Farm"as delineated in Chapter 22 (Appendix H) of the Weld County Code. (Dept. of Planning Services) 2) The name of the street, which shall not conflict with any other street within the particular U.S. Postal area. (Dept. of Planning Services) Z-557 -Stark Farm PUD 4 3) The southern roadway shall be redesigned to be no longer than 1,500 feet in length. (Dept. of Public Works) 4) An access to the property to the south of the ditch shall be provided off of the southern road. (Dept. of Public Works) 5) The plat shall be amended to indicate adequate pedestrian pathways, trails or sidewalks. (Department of Planning Services) 6) Primary and secondary septic system envelopes shall be designated on each lot. There shall be only Septic system envelopes should meet the required setbacks as described in the Weld County Individual Sewage Disposal System Regulations. (Dept. of Public Health and Environment) 7) The approved landscape plan. H. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: 1) The PUD shall consist of Thirty-Eight (38) PUD zoned lots together with common open space areas. The Change of Zone allows for(E)Estate uses (38 lots)which shall comply with the PUD Zone District requirements as set forth in Sections 23-3-400 of the Weld County Code. The only exception shall be a variance from the minimum lot size requirement of 2.5 acres. The common open space shall be owned and maintained in accordance with Section 27-6-80 of the Weld County Code. (Dept. of Planning Services) 2) 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) 3) Water service shall be provided by the North Weld County Water District. (Dept. of Public Health & Environment) 4) A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. (Dept. of Public Health & Environment) 5) The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department,Weld County Department of Public Health & Environment, and the Weld County Department of Planning Services. (Dept. of Public Health & Environment, Dept. of Public Works, Dept. of Planning Services) 6) Installation of utilities shall comply with Section 24-9-10 of the Weld County Z-557 -Stark Farm PUD 5 Code. (Dept. of Planning Services) 7) Weld County's Right to Farm, as stated on this plat, shall be recognized at all times. (Dept. of Planning Services) 8) The applicant shall obtain a storm water drainage 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) 9) During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust conditions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Dept. of Public Health &Environment) 10) In accordance with the regulations of the Colorado Air Quality Control Commission, any development which disturbs more than five (5) acres of land must incorporate all available and practical methods which are technologically and economically feasible in order to minimize dust emission. (Dept. of Public Health and Environment) 11) If land development creates more than a twenty-five (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, and apply for a permit from the Colorado Department of Public Health and Environment. (Dept. of Public Health and Environment) 12) Potential Purchasers are hereby notified that a confined animal feeding operation (USR-744) for a maximum of 4,000 head of cattle is located directly north and east of the intersection of Weld County Roads 37 and 84. 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) 13) 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) 14) Electrical permits shall be obtained for any irrigation systems for the development. (Dept. of Building Inspection) 15) Proper building permits shall be obtained prior to any construction or excavation. Building permits shall be obtained prior to any buildings or structures being remodeled or demolished. (Dept. of Building Inspection) Z-557- Stark Farm PUD 6 16) Building permits are required for dwellings and any accessory buildings being constructed or moved onto the property. (Dept. of Building Inspection) 17) All buildings shall be engineered and will require an engineered foundation. Such foundation design shall be based on a site-specific geotechnical report or an"open hole" inspection made by a Colorado licensed engineer. (Dept. of Building Inspection) 18) The site shall be developed in accordance with the recommendations of the Colorado Geological Survey contained in the referral letter, dated March 9, 2000. (Colorado Geological Survey) 19) Any signage located on the property shall require building permits and adhere to Sections 23-4-110 and 27-6-90 of the Weld County Code. (Dept. of Planning Services) 20) The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Dept. of Planning Services) 21) The applicant shall comply with Section 27-8-50 of the 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 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 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) 4. Prior to submitting Final Plan application: A. Construction plans for the utilities,showing the configuration of streets,the location of fire hydrants, the size of water mains and available fire flows will need to be submitted to the Ault Fire Protection District for review and approval. Evidence of Fire District approval shall be submitted to the Department of Planning Services. (Dept. of Planning Services) 5. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code, and shall specifically address the following as well: Z-557 -Stark Farm PUD 7 A. The Final Plan application shall include Improvements Agreements in accordance with Sections 24-9-10 and 24-9-20 of the Weld County Code. The agreements shall include the internal roads, trail, landscaping of the common open space and any other appropriate construction elements. The agreements shall also include any improvements to Weld County Road 37. The applicant shall indicate if the road maintenance for internal roads will be the responsibility of the Home Owner's Association or if the applicant will request that the road be placed on the County road system. (Dept. of Public Works). B. 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) C. The Final Plan application shall specify the Home Owners Association's method of trail and landscape maintenance. (Dept. of Planning Services) D. The draft covenants and Home Owner's Association shall address open space maintenance and landscaping in accordance with Section 27-6-60 of the Weld County Code. (Dept. of Planning Services) E. 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) F. The Final Plan application shall demonstrate compliance with the recommendations of the Colorado Geological Survey as stated in their referral dated March 9, 2000. (Colorado Geological Survey) G. The applicant shall submit a copy of the final plat with street names to be reviewed by the Weld County Sheriff's Office, Mountain View Fire Protection District and the Post Office which will serve the development. Comments from these agencies shall be submitted to Department of Planning Services with the Final Plan application. (Dept. of Planning Services) H. A revised traffic study shall be submitted for review by the Weld County Department of Public Works. Evidence of Department of Public Works approval of the traffic study shall be submitted with the final plan application. (Dept. of Public Works) The applicant shall submit evidence that an access permit from the Colorado Department of Transportation has been granted to construct a left-turn on State Highway 14 to access Weld County Road 37. (Dept. of Public Works) F. A revised drainage study with hydrologic and hydraulic calculations shall be submitted with the final plan application for review by the Weld County Department of Public Works. (Dept. of Public Works) G. Language for the preservation and/or protection of the second absorption field envelope shall be placed in the development covenants. The covenants shall state Z-557-Stark Farm PUD 8 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) H. The applicant shall contact the Weld County School District RE-9, to finalize a bus pick-up and drop-off location. The bus pick-up and drop-off location shall be indicated on the plat. (Dept. of Planning Services) 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) 6. Prior to recording final plat: A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance and Private Road Maintenance)including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. B. The applicant shall submit evidence that the requirements of the Weld County RE-9 School District in their referral received April 16,2001 have been addressed. (Weld County RE-9 School District) C. Final covenants shall be reviewed and approved by the Weld County Attorney's Office. Evidence of Weld County Attorney's Office approval shall be submitted to the Department of Planning Services. (Dept. of Planning Services) 7. Prior to the release of any building permits: A. Street intersections shall be marked with signs showing street names and address ranges prior to construction. Z-557 -Stark Farm PUD 9 FIELD CHECK inspection date: 5/19/01 CASE NUMBER: Z-557 APPLICANT: Colorado Elk Ranch, LLLP LEGAL DESCRIPTION: NE4 12-7-66 LOCATION: West of and adjacent to Weld County Road 37, south of and adjacent to Weld County Road 84 Zoning Land Use N A(Agricultural) N Cropland. E A(Agricultural) E Feedlot directly to the east and feedlot immediately to the northeast . S A (Agricultural) S Cropland/single family residence adjacent to ditch bordering ditch along south end of site. W A (Agricultural) W two-single family residences. Ault Cemetary/Town of Ault 'h mile to the southwest COMMENTS: • Concrete ditch forms southern boundary of the property. * Land is fairly flat and gently sloping from south to north. • Feedlots located immediately across WCR 37 and northeast of the site (across WCR 37 and north of WCR 84). • Single family residence immediately south of the site. EXHIBIT dIAL, I 3 Chris Gathman, Current Planner ltS (oI LAP awyjni mat Hamm ,oaoMo4 Mist. IGOO AM se was INFOINIMON na is NW Of pus C)1/‘" Po5 ccQ. 5/a c,/o) ' DEPARTMENT OF PLANNING SERVICES W PHONE (970) 353-6100, E04-6490 Ce FAX 17T AVEN 9E 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 April 6, 2001 Mikal Torgerson Colorado Elk Ranch, LLLP - 211 Jefferson Street Fort Collins, Colorado 80524 Colorado Elk Ranch LLLP P.O. Box 158 Timnath, Colorado 80547 Subject: Z-557- Request for a Change of Zone from Agriculture(A) to Planned Unit Development(PUD) for 38 single-family residential lotson a parcel of land described as NE4 Section 121T7N, R66W of the 6th P.M. Weld County, Colorado of the 6th P.M., Weld County, Colorado. Dear Mr. Torgerson: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for June 5, 2001, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning 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 Ault Planning Commission for their review and comments. Please call Town of Ault at 970-834-2844 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 Ault 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 road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the 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'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, EXHIBIT Ekio Chris Gathman Planner Hello