HomeMy WebLinkAbout20000915.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMM SSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller that the following resolution with changes to the Conditions of Approval and
subsequent renumbering be introduced for passage by the Weld County Planning Commission. Be it
resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-540
PLANNER: Julie A. Chester
APPLICANT: Jim and Bonnie Bates/Coalbank Crest Planned Unit Development
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ADDRESS: Route 2, 36961 WCR 31, Eaton, CO 80615
REQUEST: Planned Unit Development Change of Zone to create five residential lots with 1.916 acres
of Common Open Space
LEGAL DESCRIPTION: Lot B of AmRE-2279, Being part of the NE4 of Section 33, T7N, R66W of
the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 31, South of WCR 76
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with Section 6.4.3 of the Weld County Planned Unit
Development Ordinance#197 as follows:
A. Section 6.4.4.6.1 That the proposal is consistent with the Comprehensive Plan, MUD
Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PLID,
and the Weld County Zoning and Subdivision Ordinance.A.Goal 1 states"Preserve prime
farmland for agricultural purposes which fosters economic heath and continuance of
agriculture." The subject property is categorized as prime farmgrou id by the U.S.D.A.Soil
Conservation map. The small size and the shape of the site makes it difficult to farm.
A.Policy 7 states "Weld County recognizes the right to farm". In order to validate this
recognition Weld County has established an example covenant which should be
incorporated on all pertinent land use plats." The Department of Planning Services will
require the covenant to appear on the recorded plat.
B. Section 6.4.4.6.2 That the USES which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Section 2 of this
Ordinance. Department of Planning Services' staff has determined that the submitted
application does comply with the 20 standards described in Section 2 of the PIJD
Ordinance, Ordinance #197.
C. Section 6.4.4.6.3 That the USES which would be permitted will 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 proposed site does not lie within an urban growth
area, nor is the applicant proposing an urban scale developmert. In referral response
letters, the Towns of Eaton and Severance have indicated that they find no conflicts with
their interests. The right-to-farm covenant will be attached to the request thus informing any
new residents that the area is agricultural in nature. The Department of Planning Services'
believes that the granting of this change of zone will have a riinimal impact on the
surrounding land uses.
IEXHINT
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RESOLUTION Z-540
Jim and Bonnie Bates/Coalbank Crest
Page 2
D. Section 6.4.4.6.4 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. Domestic water and water for fire protection shall be provided by North
Weld County Water District. Each lot for the proposed PUD subdivision shall have an
Individual Sewage Disposal System (ISDS) installed per the Weld County Department of
Public Health and the Environment requirements and specifications.
E. Section 6.4.4.6.5 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 Department of Public Works
stated minor concerns with the internal road, however, conditions of approval have
addressed these concerns.
F. Section 6.4.4.6.6 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. This shall be shown by submitting, with the PUG district application, a
separate proposal for on-site and off-site improvement agreemen s. This proposal shall
describe, in detail, the type of on-site improvements in compliance with Section 12 of the
Subdivision Ordinance and off-site road improvements in compliance with Section 13 of the
Subdivision Ordinance, to determine if the requirement for STREET or highway facilities
providing access to the property has been satisfied. The method of guarantee shall
conform with Weld County's policy regarding Collateral for Improvements. Improvements
to the internal road will be required, and shall be ensured through the Improvements
Agreement.
G. Section 6.4.4.6.7 That there has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts,commercial mineral deposits,
and soil conditions on the subject site. The proposed change of zone does not lie within
any overlay district identified by the maps officially adopted by Weld County. The proposed
rezoning does not contain the use of any area known to contain a commercial mineral
deposit in a manner which would interfere with the present or future extraction of such
deposit by an extraction to any greater extent than under the present zoning of the property.
Soil conditions on the site are such that they may present moderate or severe limitations
to the construction of structures proposed for the site. "The primary constraints to
development of the site will be collapsible and/or expansive soils aid expansive bedrock.
The site may also contain shallow ground water that may require the installation of
interceptor drains or prohibiting the use of below grade or basement construction. Special
septic system designs may be required to prevent ground water contamination," as
indicated by the Colorado Geological Survey. In their referral response dated January 7,
2000, the Colorado Geological Survey recommended that, "a geotechnical evaluation be
done prior to approval of final plans." In a referral response dated i=ebruary 23, 2000, the
Weld County Building Inspection Department is requiring engineered foundations for each
structure. A soils report will need to be included with blueprints when building permits are
applied for with the Weld County Building Inspection Department. These issues are
addressed through Conditions of Approval.
H. Section 6.4.4.6.8 Consistency exists between the proposed zone district, USES and the
Specific or Conceptual Development Guide. The submitted Conceptual Development
Guide does accurately reflect the performance standards and allowed uses described in the
proposed zone district.
RESOLUTION Z-540
Jim and Bonnie Bates/Coalbank Crest
Page 3
This recommendation is based, in part, upon a review of the application mater als submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A (Agricultural)to PUD Five Lot Subdivision is conditional upon the following:
1. 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.
2. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 9.2 of the PUD Ordinance
#197 and shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Dept. of Planning Services)
2) The applicant shall submit a sight distance study for the existing irrigation structure
for review by the Department of Public Works. Evidence of approval shall be
submitted to the Department of Planning Services. (Public Works)
3) The applicant shall flatten the curve or widen the pavemen: of the internal street,
to address the concerns of the Department of Public Works(see AASHTO,Widths
for Turning Roadways). (Public Works)
4) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
5) The trail shown on the east boundaries of the property stall be eliminated and
shown as utility easement only. (Department of Planning E ervices)
6) A mail/bus pull off area shall be shown. (Department of Planning Services)
B. A Landscape Plan and maintenance schedule shall be submitted to the Department
of Planning Services and approved by the Department of Planning Services. The
Landscape Plan shall adhere to the requirements of 6.3.3 of the Weld County PUD
Ordinance. The Landscape Plan shall address adequate buffering and screening from
surrounding Agricultural uses.
C. The applicant shall submit a copy of an agreement with the Lorimer Weld Irrigation
Company, whose irrigation ditch runs along the west side of the development, stipulating
that all concerns of the ditch company have been adequately addres:.ed or submit evidence
that reasonable accommodations have been made. (Department of Planning Services,
Larimer Weld Irrigation Company)
D. The following notes and information shall be delineated on the Cha nge of Zone plat:
1) The PUD shall consist of five(5)residential lots,with 1.916 Eicres of common open
space. The Change of Zone allows for PUD uses which shall comply with the PUD
Zone District requirements as set forth in Section 35 of thEi Weld County Zoning
Ordinance. Each of the five lots shall be buildable. The con-mon open space shall
be owned and maintained in accordance with Section 6.3.5 of the Planned Unit
Development Ordinance (Ordinance 197). (Dept. of Planning Services)
RESOLUTION Z-540
Jim and Bonnie Bates/Coalbank Crest
Page 4
2) Primary and secondary septic system envelopes shall be approved by the
Department of Public Health and Environment at the time of septic permit
application and record an easement to show the envelopes. Septic system
envelopes shall meet the setback to the Eaton Ditch as well as other required
setbacks as described in the Weld County Individual Sewage Disposal System
Regulations. (Department of Public Health and Environment)
3) Water service shall be provided by the North Weld County Water District. (Health
Department)
4) A Weld County Septic Permit is required for each proposed home septic system
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. (Health Department)
5) The site shall be developed in accordance with the recommendations contained in
the referral letter, dated February 2, 1999. (Colorado Geological Survey)
6) The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department,Weld County Department of Public Health and
Environment, and the Weld County Department of Planning Services.
7) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
8) The Right To Farm Covenant as stated in the Weld County Comprehensive Plan
shall be recognized at all times. (Dept. of Planning Services)
9) Proper building permits shall be obtained prior to any construction or excavation.
(Weld County Department of Building Inspection)
10) Building permits are required for dwellings and any accessory buildings being
constructed or moved onto the property. (Weld County Department of Building
Inspection)
11) All dwellings and some accessory structures 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 Professional Er gineer. (Weld County
Department of Building Inspection)
12) 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. (Weld County Department of Building Inspection)
13) 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 may reveal other
building issues or areas needing attention. (Weld County Department of
Building Inspection)
14) Any signage located on the property shall require building permits and adhere
to Section 6.3.6.3 of the Weld County PUD Ordinance and Section 42.2 of
the Weld County Zoning Ordinance,when applicable.(Dept.of Planning Services)
RESOLUTION Z-540
Jim and Bonnie Bates/ Coalbank Crest
Page 5
15) Effective December 1, 1999, Building Permits issued on the proposed subdivision
lots shall be required to adhere to the fee structure of the Windsor Service Area
Road Impact Program. (Ordinance 210) (Department of Planning Services)
16) The applicant shall comply with Section 8.7 of the Welt 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 tha 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)
3. The Final Plan application shall adhere to Section 7.3 of the Weld County PUD Ordinance
#197, and shall specifically address the following as well:
A. The Final Plan application shall include a complete Improvements Agreements in
accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance The
agreements shall include the internal road, trail, landscaping of the common open space
and any other appropriate construction elements. The applicant shall indicate if the road
maintenance 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 (Public Works).
B. The Final Plan application shall specify the Homeowner's Association's method of
trail and landscape maintenance.
C. The draft covenants and homeowner's association shall address open space maintenance
and landscaping in accordance with Section 6.3.3.2.
D. The applicant shall submit a geotechnical evaluation to the Colorado Geological Survey for
their review. A copy of this report shall be submitted to the Department of Planning
Services. (Colorado Geological Survey)
E. A fifteen(15)foot perimeter and ten (10)foot lot line easement is required for utilities. This
shall be corrected prior to the final plat application. (Public Works
F. Language for the preservation and/or protection of the second absorption field envelope
shall be added to the development covenants.
(1) The covenants shall state that activities such as landscaping (i.e. planting of trees
and shrubs) and construction (i.e. accessory structures, dirt mounds, etc.) Are
expressly prohibited in the designated absorption field site. (Department of Public
Health and Environment)
RESOLUTION Z-540
Jim and Bonnie Bates/Coalbank Crest
Page 6
(2) Primary and secondary leach fields shall be approved by the Weld County
Department of Public Health and Environment a the time of septic permit approval
and the easements recorded.
G. Prior to submittal of the Final Plan plat:
(1) The applicant shall provide evidence to the Department of Planning Services
that all the requirements of the Eaton Fire Protection District have been met.
(2) The applicant shall provide evidence to the Department of Planning Services that
the Department of Public Works has reviewed and approved the configuration of
the road, as indicated in their referral response, dated March 1, 2000.
(3) Evidence shall be submitted to the Department of Plann ng Services that the
requirements of the Eaton School District RE-2 have been met.
5. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop s gn at the appropriate
location adjacent to Weld County Road 31 and the entrance to the subdivision.
B. A soils report shall be supplied to Weld County Building Inspections with blueprints
when applying for building permits.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Abstain
Fred Walker Cristie Nickles
John Folsom
Michael Miller
Bryant Gimlin
Stephen Mokray
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on April 18, 2000.
Dated the 18th of April, 2000.
c L tit/IA.^J O.1.
Trisha Swanson
Secretary
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