HomeMy WebLinkAbout20000844.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION TO THE BOARD OF COUNTY COMMISSIONER ,:,ry % 1 RI / : 5 3
Moved by Arlan Marrs that the following resolution be introduced for passage by the Mita p4unty Plarrnilg
Commission. Be it resolved by the Weld County Planning Commission that the applicatiort'fbr: i- --
CASE NUMBER: Z-537
PLANNER: Julie A. Chester
APPLICANT: Cullison Family Farms LLC/George A. Nelson Farm Inc., do Everitt Enterprises Soaring
Eagle PUD
ADDRESS: 3030 S. College
Ft. Collins, CO 80525
REQUEST: Change of Zone from Agricultural to PUD for 114 lots with Estate uses,with 58.17 acres of
common open space. Lot sizes from 1.5 to 11.76 acres
LEGAL DESCRIPTION: Parts of Sections 28 and 33, T7N, R67W of the 6 th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to State Highway 257, North of WCR 74, South of WCR 78
be recomended 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 6.4.3.1.1 That the proposal is consistent with the Comprehensive Plan, MUD
Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PUD,
and the Weld County Zoning and Subdivision Ordinance. The Goals and Policies of the
Weld County Comprehensive Plan support the approval of urban scale development
outside of Urban Growth Boundary areas or areas served by urban infrastructure.
1. UGB. Goal 2 states, "Concentrate urban development in or adjacent to existing
municipalities or the 1-25 Mixed Use Development area and maintain urban growth
boundary areas that provide an official designation between future urban and non-
urban uses."
2. A.Goal 4 states, "...provide a mechanism for the division of land which is
agriculturally zoned."
3. A.Goal 6 states, "Public facilities and services such as sewer, water, roads,
schools,and fire and police protection must be provided and developed in a timely,
orderly, and efficient manner to support the transition of agricultural land to urban
development."
B. Section 6.4.3.1.2 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.
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2000-0844
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RESOLUTION Z-537
Cullison Family Farms/George A. Nelson Farms, Inc.
Page 2
1. The Proposed Common Open Space of 58.12 acres, is to be set aside as Open
Space by Section 2.5 of the PUD Ordinance#197. Section 6.3.5.2.7 of the PUD
Ordinance#197 states,"All PUD's containing a residential element shall provide for
a 15% common open space allocation."
2. Section 2.6 of the PUD Ordinance#197 states, "The density, design, and location
of land USES within and adjoining the PUD shall be designated to be compatible
with other USES within and adjoining the PUD."
C. Section 6.4.3.1.3-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.
D. Section 6.4.3.1.4 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.
E. Section 6.4.3.1.5 -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.
F. Section 6.4.3.1.6 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 PUD district application, a separate
proposal for on-site and off-site improvement agreements. 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.An On-Site Improvement Agreement
will be required in compliance with Sections 12 and 13 of the Weld County Subdivision
Ordinance.
G. Section 6.4.3.1.7 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.
H. Section 6.4.3.1.8 Consistency exists between the proposed zone district, USES and the
Specific or Conceptual Development Guide. The submitted Development Guide does
accurately reflect the performance standards and allowed uses described in the proposed
zone district. In accordance with Section 2.3 of the Weld County PUD Ordinance#197,the
application materials propose Estate uses, while varying from the minimum lot size in the
Estate zone district. Section 36.3.1 of the Weld County Zoning Ordinance establishes 2.5
acres as the minimum lot size in the Estate zone district.
This recommendation for approval 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. The
following conditions shall apply.
RESOLUTION Z-537
Cullman Family Farms/George A. Nelson Farms, Inc.
Page 3
The Change of Zone from A(Agricultural)to PUD for 114 lots with Estate type uses 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 applicant shall supply evidence that all requirements of the Windsor-Severance Fire
Protection District have been met. (Department of Planning Services)
B. The applicant shall provide a signed copy of the agreement which assures compliance with
School District RE-4 requirements. (Department Of Planning Services)
C. The applicant shall provide a copy of a draft Improvements Agreement which addresses all
access concerns,as addressed by the Public Works Department. The Agreement shall also
address open space, landscaping, and any other amenities contained within the
development. (Department of Planning Services)
D. The applicant shall submit to the Department of Planning Services for approval a
landscape plan that complies with all of the requirements of Section 6.3.3 of the PUD
Ordinance#197. (Department of Planning Services)
E. The applicant shall enter into an agreement with the Larimer/Weld Canal to address ingree
and egress necessary for the operation and maintenance of the ditch. A copy of this
agreement shall be submitted to the Department of Planning Services.
3. Prior to scheduling the Board of County Commissioners Change of Zone Hearing date:
A. A traffic impact study shall be submitted and approved by the Weld County Department of
Public Works or evidence that all of their requirements have been met. The traffic study or
other evidence from Public Works shall be submitted to the Weld County Department of
Planning Services.
B. All requirements of the Weld County Department of Public Health and the Environment shall
be submitted and evidence of such submittal shall be provided to the Weld County
Department of Planning Services.
4. 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:
A. The plat shall delineate right-of-way,parking,curb,gutter and sidewalks on the interior road.
(Department of Public Works)
B. The name of all streets, which shall not conflict with any other streets within the particular
U.S. Postal area. Evidence of Postal Service approval shall be submitted to the Department
of Planning Services. (Department of Planning Services)
C. The plat shall be amended to indicate all lot lines and Common Open Space areas are
shown on the plat. (Department of Planning Services)
RESOLUTION Z-537
Cullison Family Farms/George A. Nelson Farms, Inc.
Page 4
D. The plat shall be amended to delineate one hundred fifty (150') feet of Mountain Meadow
Drive and Cullison Ridge Road to collector status. The right turn taper shall be increased
to ninety (90')feet. (Department of Public Works)
E. The plat shall be amended to show seventy-five (75') feet from the center line of State
Highway 257, right-of-way reservation. (CDOT)
F. The applicant shall provide to the Department of Planning Services a Landscape Plan for
approval. The Landscape Plan shall meet all the requirements of Section 9.3 of the PUD
Ordinance#197. (Department of Planning Services)
G. The plat shall delineate a typical cross section reflecting local and collector streets and
include delineation and labeling for depth of the asphalt and base or full depth asphalt.
(Department of Public Works)
H. The plat shall be amended to indicate adequate pedestrian pathways, trails or sidewalks.
(Department of Public Works)
5. The following notes shall be delineated on the Change of Zone plat:
A. The PUD shall consist of 114 lots approved for PUD zone district uses for Estate type uses
and common open space. The Change of Zone allows for Residential uses which shall
comply with the Estate Zone District requirements as set forth in Section 36 of the Weld
County Zoning Ordinance. The common open space and road shall be owned and
maintained in accordance with Section 6.3.5 of the Planned Unit Development Ordinance
(Ordinance 197). (Department of Planning Services)
B. 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 Regulation.
(Department of Public Health and the Environment)
C. The development shall obtain water service from North Weld County Water District.
(Department of Public Health and the Environment)
D. Each septic system shall be designed for site-specific conditions, that include but are not
limited to maximum seasonal high groundwater, poor soils, and shallow bedrock.
(Department of Health and Environmental Services)
E. Two septic system envelopes shall be designated on each lot. Verbiage shall be
placed in the development covenants that restricts activities in the unused septic system
envelope. Specifically,activities such as landscaping, i.e.,the planting of shrubs and trees;
and construction, i.e., auxiliary structures, dirt mounds, etc. should be expressly prohibited
in the designated leach field sites. The covenants should encourage maintaining these
areas in grass. (Department of Public Health and the Environment)
F. 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)
G. All development shall adhere to the requirements of the Windsor-Severance Fire Protection
District. (Windsor-Severance Fire Protection District)
RESOLUTION Z-537
Cullison Family Farms/George A. Nelson Farms, Inc.
Page 5
H. Any signage located on the property shall require building permits and adhere to Section
6.3.6.3 of the Weld County PUD Ordinance when applicable. (Department of Planning
Services)
Prior to the release of any building permits, foundations shall be engineered at each
separate building site. (Weld County Building Inspection)
J. The site shall maintain compliance at all times with the requirements of the Weld County
Public Works Department, Weld County Health Department, and the Weld County
Department of Planning Services. (Department of Planning Services)
K. Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Department of Planning Services)
L. Prior to any work at this site, which may involve the excavation in or the discharges of
dredged or fill material into waters of the United States which may include streams, open
water lakes, ponds or wetlands, the property should be examined for these areas pursuant
to Section 404 of the Clean Water Act. Any wetlands shall be delineated and mapped.
(Army Corps of Engineers)
M. 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 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. (Department of Planning
Services)
N. Irrigation water from the Larimer/Weld Canal is not potable and may cause health, safety,
and welfare problems if used for purposes not intended. The intended use is for irrigation
and not for human use.
6. 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 signed and dated Road Improvements Agreement
for On-site Improvements with Weld County.
B. The Final Plan application shall include an Improvements Agreement in accordance with
Sections 12 and 13 of the Weld County Subdivision Ordinance. The agreement shall include
streets, curb, gutter, sidewalk, emergency access, trail, landscaping of the common open
space and any other appropriate construction elements. The Improvements Agreement
shall further demonstrate compliance with all recommendations of the Weld County Public
RESOLUTION Z-537
Cullison Family Farms/George A. Nelson Farms, Inc.
Page 6
Works Department,as described in a letter from the Weld County Transportation Consultant,
and in a letter from the Weld County Public Works Department.
C. The Final Plan application shall include evidence that the conditions of the North Weld
County Water District have been addressed and that taps are available.
D. The Final Plan application shall specify the method of trail and open space area
maintenance from the Homeowner's Association.
E. The draft covenants shall include the most recent Right to Farm covenant contained in the
Weld County Comprehensive Plan.
F. The draft covenants and homeowner's association shall address open space maintenance
and landscaping in accordance with Section 6.3.3.2.
G. The Final Plan application shall be reviewed by the Board of County Commissioners
for final approval.
H. The applicant shall attempt to meet the requirements from the Town of Windsor as
outlined in a letter, dated February 17, 2000.
The applicant shall submit to the Department of Planning Services a drainage report that
meets the requirements of Sections 10.12 and 10.13 of the Weld County Subdivision
Ordinance.
7. 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 adjacent to State Highway 257. (Weld
County Public Works)
B. Dwellings on each lot are required to have engineered foundations and an open hole
inspection conducted by a Geotechnical Engineer. Outbuilding, including foundations,shall
be built to the Weld County Building Code. Commercial buildings shall be designed by an
architect or engineer licensed by the State of Colorado. Engineered foundations and an
open hole inspection, conducted by a Geotechnical engineer will be required for all
commercial structures.
C. Evidence shall be given to the Department of Planning Services that all of the requirements
of the Windsor-Severance Fire Protection District have been met.
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage Abstain
Arlan Marrs Cristie Nicklas Fred Walker
John Folsom Jack Epple
Bryant Gimlin Stephen Mokray
RESOLUTION Z-537
Cullison Family Farms/George A. Nelson Farms, Inc.
Page 7
The Vice Chair declared the resolution recommending approval to have failed 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 March 21, 2000.
Dated the 21st of March, 2000.
Trisha Swanson
Secretary
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