HomeMy WebLinkAbout20001010.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-536 -
PLANNER: Sheri Lockman Calktc2eg"tc
APPLICANT: Robert L. Parsons (Skylark Ranch)
ADDRESS: 2330 Albany Avenue
Loveland, CO 80538
REQUEST: Minor Subdivision Change of Zone from Agricultural to Estate for 5 lots.
LEGAL DESCRIPTION: Lot B AMRE-2375 Being Pt. of SE4&SW4 of Section 8,T7N, R67W of the
6th P.M., Weld County, CC
LOCATION: Approximately 800' north of Highway 14 and approximately 1/2 mile east of Weld County
Road 15
be recommended favorably to the Board of County Commissioners for the following reasons:
'I. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance,
as amended as follows:
A. Section 21.5.1.1 - That the proposal is consistent with the Weld County Comprehensive
Plan;
1) A.Goal 3. discourages urban-scale residential development which is not located
adjacent to existing incorporated municipalities. The proposed minor subdivision
does not propose an urban scale development as defined by the Weld County
Zoning Ordinance and is not located adjacent to existing incorporated
municipalities.
2) A. Goal 1 stated "Preserve prime farmland for agricultural purposes which fosters
economic health and continuance of agriculture."The site is designated as irrigated
land (not prime) by the United States Department of Agriculture.
B. Section 21.5.1.2 - That the USES which would be allowed on the subject property by
granting the change of zone will be compatible with the surrounding land USES.The"right
to farm"covenant is required to appear on the recorded change of zone plat. The applicant
has also indicated that future residents will be informed of the meaning and intent of this
covenant by including it in the Skylark Ranch Covenants. The Department of Planning
Services believes that the granting of this change of zone will have a minimal impact on the
surrounding land uses.
C. Section 21.5.1.3-That adequate water and sewer service can be made available to the site
to serve the USES permitted within the proposed zone district. The application materials
indicate the lots will utilize engineer designed septic systems. In a referral January 26,
2000, the Weld County Department of Public Health and Environment required the septic
systems be installed according to Weld County Individual Sewage Disposal Regulations.
12. EXHIBIT
2000-1010 I . #s �L ,-i (3
RESOLUTION Z-536
Robert Parsons- Skylark Ranch
Page 2
The application includes a Water Service Agreement from North Weld County Water
District. Assistant Weld County Attorney, Lee Morrison has accepted the agreement with
the stipulations that the "plant investment fee" portion of the "tap fee" and the $15,000
participation cost be paid prior to recording the plat. Mr. Morrison has also required the
applicant to include the construction cost within the developement to be included in the
improvements agreement.
D. Section 21.5.1.4 -That STREET or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district. Weld County
Department of Public Works is requiring the applicant to move the access 30 feet to the
west to mitigate safety concerns. The applicant is also being required to obtain an access
permit from the Colorado Department of Transportation. During the Sketch Plan phase of
this minor subdivision,the Weld County Department of Public Works required block lengths
to be no greater than 1500 feet. However, as proposed the street is still over 1500 feet in
length. Planning Staff has required as a condition of approval that the cul-de-sac be
repositioned to the South.
E. Section 21.5.1.5-That,in those instances where the following characteristics are applicable
to the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 21.5.1.5.1 - The proposed change of zone is located within the Windsor
Service Area Road Impact Program. Effective December 1, 1999, Building Permits
issued on the proposed lots will be required to adhere to the fee structure of the
Windsor Service Area Road Impact Program. (Ordinance 210)
2) Section 21.5.1.5.2-That the proposed rezoning will not permit 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 extractor to any
greater extent than under the present zoning of the property. The geological
hazards evaluation conducted at Sketch Plan by Earth Engineering Consultants,
Inc. indicated that they did not anticipate economically recoverable mineral
resources as defined in H.G. 1041 exist at the site.
3) Section 21.5.1.5.3 - If soil conditions on the site are such that they present
moderate or severe limitations to the construction of STRUCTURES or facilities
proposed for the site, the applicant has demonstrated that such limitations can be
overcome and that the limitations will be addressed by the applicant,the applicant's
successors or assigns prior to the DEVELOPMENT of the property. The
geotechnical report indicates some on-site soils have a potential to swell. Also,
building sites may also contain shallow ground water. In a referral received March
7, 2000, the Weld County Department of Building Inspection has required all
principal dwellings to have engineered foundations to mitigate these concerns.
Building Inspection also strongly suggests that each foundation be based on a site-
specific geotechnical report instead of an "open hole inspection, performed by a
Colorado licensed engineer as allowed by the Weld County Building Code
Ordinance.
RESOLUTION Z-536
Robert Parsons - Skylark Ranch
Page 3
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.
Minor Subdivision Change of Zone from Agricultural to Estate for 5 lots is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. OG.Policy 1.1 of the Weld 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 with the properties mineral owners stipulating
that the oil and gas activities have adequately been incorporated into the design of the site
or show evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owners. Evidence shall be submitted to the Weld County Attorneys' Office for
review and approval.The plat shall be amended to include any possible future drilling sites.
B. The applicant shall either submit a copy of an agreement with the ditch company stipulating
that ditch activities have adequately 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.
2. Prior to recording the Change of Zone plat:
A. The applicant shall submit an amendment to Recorded Exemption 2357 and Recorded
Exemption 1243. The amendment shall address the extra area needed to create a safe
access. (Planning Dept.)
B. The applicant shall submit evidence that the $15,000 participation cost and the "plant
investment fee" portion of the "tap fee" have been paid to the North Weld County Water
District.
C. The plat shall be amended to delineate the following:
1) The reconfigured road as approved by the Weld County Department of Public
Works, including the bus stop/mail area and the cul-de-sac repositioned to meet
the maximum block length of 1500 feet.
2) At the entrance to the subdivision a total of 40 feet from the centerline of State
Highway 14 shall be delineated as right of way with an additional 35 feet of right
of way reservation.
3) The 30' utility, equestrian and hiking trail easement shall be designated as a 30'
utility easement only. The proposed trail needs to navigate the PUD without
needing to double back. As configured, the trail ends at the interior road, leaving
people the option of doubling back or proceeding along the road. Roads without
sidewalks are not considered safe and effective means to reach open space areas.
4) The .9 acres of open space shall be labeled as non-buildable.
RESOLUTION Z-536
Robert Parsons - Skylark Ranch
Page 4
E. The Change of Zone is conditional upon the following and that each be placed on the
Change of Zone plat as notes prior to recording.
1) The Change of Zone allows for Estate uses and shall comply with the Estate Zone
District requirements as set forth in Section 36 of the Weld County Zoning
Ordinance. The Minor Subdivision shall consist of five (5) lots.
2) Water service shall be provided by the North Weld County Water District. Individual
sewage disposal systems are required for the proposed residential lots and shall
be installed according to the Weld County Individual Sewage Disposal (I.S.D.S.)
Regulations.
3) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance.
4) The Right To Farm Covenant as stated on this plat shall be recognized at all times.
5) The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works,Public Health and Environment and Planning
Services, and adopted Weld County ordinances and policies.
6) 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 parcel.
7) All homes shall be fire sprinklered in accordance with the Poudre Fire Authority
regulations.
8) All homes shall have address numerals visible from the street fronting the property,
and posted with a minimum of 6 inch numerals on a contrasting background.
9) Fire hydrants shall be placed in accordance with Poudre Fire Authority regulations.
10) Proper building permits shall be obtained prior to any construction or excavation.
11) Building permits are required for any accessory buildings being constructed or
moved onto the property.
12) The preliminary geotechnical report from Earth Engineering Consultants, Inc.
Indicates there may be some on-site soils that have a potential to swell. Building
sites may also contain shallow ground water.Basement or crawlspace foundations
may not be feasible for all sites. The report also recommends only "light load
residential structures."All principal dwellings will be required to have engineered
foundations which are designed with these concerns in mind. Weld County
Department of Building Inspection strongly recommends that each foundation be
based a site-specific geotechnical report. The Weld County Building Code
Ordinance does allow an"open hole inspection,"performed by a Colorado licensed
engineer, in place of a site-specific geotechnical report.
RESOLUTION Z-536
Robert Parsons - Skylark Ranch
Page 5
13) All fill materials upon which buildings or structures rest, shall be compacted to a
minimum of 90% of maximum density. Detrimental amounts of organic material
shall not be permitted in fills.No rock or similar irreducible material with a maximum
dimension greater than 12 inches shall be buried or placed in fills. A compaction
report provided by a Colorado Licensed Engineer will be required in such
situations.
14) 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.
15) Additional requirements may be provided from the Poudre Valley Fire Protection
District.
16) 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.
4. At the time of Final Plan submittal:
A. The applicant shall submit an improvements agreement which addresses cost to construct
water service and the transportation portion of the Minor Subdivision for review and
approval.
B. The applicant shall submit covenants for Skylark Ranch Minor Subdivision for review and
approval from the Weld County Attorneys Office.
C. The applicant shall submit a copy of an access permit from the Colorado Department of
Transportation.
5. Prior to the release of building permits:
A. Effective December 1, 1999, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Windsor Service Area Road Impact Program.
(Ordinance 210)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nickles
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
RESOLUTION Z-536
Robert Parsons -Skylark Ranch
Page 6
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 4, 2000.
Dated the 4th of April, 2000.
Trisha Swanson
Secretary
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