HomeMy WebLinkAbout20001465 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Donald LaFaver/Reflection Bay Case Number Z-544
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 Field check by Planning Commissioner X
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application (11 pages) X
8 Referral list X
9 Longmont Soil Conservation District referral received 05/23/00 X
10 Weld County Sheriff's Office referral received 04/04/00 X
11 Colorado Geological Survey referral received 04/05/00 X
12 Mountain View Fire Protection District referral received 04/07/00, X
05/10/00 (4 pages)
13 Weld County Public Works Dept. referral received 04/17/00 (2 pg) X
14 Weld County Department of Public Health and Environment X
referral received 04/25/00
15 St. Vrain Valley School District RE-1J referral received 04/13/00 X
(2 pages)
16 Department of the Army, Corps of Engineers dated 04/04/00 X
17 Weld County Code Compliance referral received 04/11/00 X
18 Weld County Building Inspection referral received 03/27/00 (2 pg) X
19 Colorado Division of Wildlife referral received 04/08/00 X
20 Maps (3 pages)
21 Deed X
22 Letter from Mike &Virginia Shaw received 05/12/00 X
23 Surrounding Property Owners (7 pages) X
24 Letters from Left Hand Water District (11 pages) X
25 24 X 36 maps (4 pages) X
EXHIBIT
A2000-1465
cot #swy
26 Sign posting photo taken on May 19, 2000 X
27
28
29
30
31
26 Item submitted at planning commission
I hereby certify that the 26 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.
11&-/ (2- ()Ley_ ,
Julie A. Chester ❖ Current Planner
ctfft CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-544
PLANNER: Julie A. Chester
APPLICANT: Donald LaFaver/Reflection Bay
ADDRESS: 2185 Pinedrop Lane, Golden, Colorado 80401
REQUEST: Planned Unit Development Change of Zone to create five residential lots with twenty-
five (25) acres of Common Open Space
LEGAL DESCRIPTION: The SW4/SW4 of Section 29, Township 2N, Range 68W of the 6th
P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 3 1/4, approximately 1/4 mile south of WCR 16 %2
ACRES: 40 acres PARCEL # 1313-29-000073
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED 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 PUD, and the Weld County Zoning and Subdivision Ordinance. A.Goal 1 states
"Preserve prime farmland for agricultural purposes which fosters economic health
and continuance of agriculture." The subject property is categorized as"other lands"
by the U.S.D.A. Soil Conservation map. 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 PUD Ordinance, Ordinance #197.
Z-544,LaFaver/Reflection Bay,2 Service,Teamwork, Integrity,Quality
EXHIBIT
62
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 development. The Towns of Dacono, Firestone and
Frederick were all sent referrals for this proposal and none of the towns have
responded, indicating no conflict with their interests.
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 Left Hand 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 have submitted conditions of approval which requires the internal road
to be paved, according to their standards. A drainage study is required and shall be
submitted prior to the final plat.
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
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. 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 site does lie within the flood
plain as identified on FIRM panel map number 080266-0850C. A condition of
approval will require a Flood Hazard Development Permit prior to construction
occurring on any of the lots, including the common open space areas. 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. The Colorado Geological Survey and Longmont Soil
Conservation District had no conflicts with their interests, as stated in their referral
responses dated March 31, 2000 and May 18, 2000, respectively. In a referral
Z-544,LaFaver/Reflection Bay,3 Service,Teamwork, Integrity,Quality
response dated March 22, 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 Specific
Development Guide does accurately reflect the performance standards and allowed
uses described in the proposed zone district.
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.
The Change of Zone from A (Agricultural) to PUD Five Lot Residential 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) Primary and secondary septic system envelopes shall be designated on each
lot. Each envelope must meet minimum current setbacks as specified in the
Weld County Individual Sewage Disposal System Regulations. (Department
of Public Health and Environment)
3) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
4) A mail/bus pull off area shall be shown. (Department of Planning Services)
B. A Landscape Plan and maintenance schedule shall be 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 and the Oil and Gas
Facility located between Lot Three (3) and Lot Four (4).
C. 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, etc.) Are expressly prohibited in
the designated absorption field site. (Department of Public Health and Environment)
Z-544,LaFaver/Retlection Bay,4 Service,Teamwork, Integrity, Quality
D. The eight inch (8") underground irrigation pipe shall be relocated to the drainage
easement to allow for septic system envelopes on Lot 1. (Department of Public
Health and Environment)
E. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of five(5)residential lots,with 25.80 acres 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 the
Weld County Zoning Ordinance. Each of the five lots shall be buildable. The
common 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)
2) 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 System Regulations. (Department of Public Health and
Environment)
3) Water service shall be provided by the Left Hand Water District.
(Department of Public Health and Environment)
4) All construction or improvements occurring in the flood plain as delineated
on Federal Emergency Management Agency (F.E.M.A.) Community Panel
Map 080266-850C, dated September 28, 1982, shall comply with the Flood
Hazard Overlay District requirements of Section 26 of the Weld County
Zoning Ordinance. (Department of Planning Services)
5) The installation of any septic system within the 100-year flood plain shall
comply with the Weld County I.S.D.S. flood plain policy. In accordance with
the Colorado I.S.D.S. Regulations, no septic systems shall be installed
within the floodway. (Department of Public Health and Environment)
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)
Z-544,LaFaver/Reflection Bay,5 Service,Teamwork, Integrity,Quality
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 Engineer. (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. (Department of
Planning Services)
15) Effective December 1, 1999, Building Permits issued on the proposed
subdivision lots shall be required to adhere to the fee structure of the
Southwest Weld Service Area Road Impact Program. (Ordinance 211)
(Department of Planning Services)
16) 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)
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.
Z-544,LaFaver/Retlection Bay,6 Service,Teamwork, Integrity,Quality
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.
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. A fifteen (15) foot perimeter and ten (10) foot lot line easement is required for
utilities. This shall be shown on the final plat map.
E. 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 Mountain View Fire Protection District have
been met. (Department of Planning Services)
(2) Evidence shall be submitted to the Department of Planning Services that the
requirements of the St. Vrain Valley School District RE-1J have been met.
(Department of Planning Services)
(3) A detailed drainage study, signed by a Colorado licensed engineer, must be
submitted to the Departments of Planning Services and Public Works. All
roadway culverts shall be evaluated in the study. (Department of Public
Works)
(4) If any work associated with this project requires the placement of dredged or
fill material, and any excavation associated with a dredge or fill project, either
temporary or permanent, in waters of the United States which may include
streams, open water lakes, ponds or wetlands at this location, the office of
the Department of the Army, Corps of Engineers shall be contacted by a
proponent of the project for the proper Department of the Army permits or
changes in permit requirements pursuant to Section 404 of the Clean Water
Act. (Army Corps of Engineers)
4. Prior to the release of any building permits:
A. A Flood Hazard Development Permit shall be approved by the Department of
Planning Services prior to any construction on the site.
B. The applicant shall supply designated street signs and a stop sign at the appropriate
location adjacent to Weld County Road 31 and the entrance to the subdivision.
C. A soils report shall be supplied to Weld County Building Inspections with blueprints
when applying for building permits.
Z-544,LaFaver/Reflection Bay,7 Service,Teamwork, Integrity,Quality
atl a DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
111k.
GREELEY, COLORADO 80631
COLORADO
March 23, 2000
Donald LaFaver
2185 Pinedrop Ln.
Golden, CO 80401
Subject: Z-544 - Request for a Planned Unit Development Change of Zone for five (5) Residential lots with
Twenty-five (25) acres of Common Open Space on a parcel of land described as Part of the SW4 of
Section 29, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Dear Mr. LaFaver:
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 6, 2000, 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 Dacono, Firestone, and Frederick Planning
Commissions for their review and comments. Please call the town of Dacono at 303-833-2317, the town of
Firestone at 303-833-3291, and the town of Frederick at 303-833-2388 for further details regarding the date, time,
and place of these meetings. It is recommended that you and/or a representative be in attendance at the
Dacono, Firestone, and Frederick Planning Commission meetings 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
v-CL LLO • S Julie Chester
Planner
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FO o` NFORMN CALL TIDE ''''•'';':',
WELD COUNTY DEPT. OF PLANNING
SERVICES AT (970) 353-6100 EXT. 3540.
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FIELD CHECK
FILING NUMBER: Z-544 DATE OF INSPECTION: f/V�
APPLICANT'S NAME: Donald LaFaver
PLANNER: Julie Chester
REQUEST: Planned Unit Development Change of Zone for five (5) Residential lots with Twenty-five (25)
acres of Common Open Space.
Township Range West
LEGAL DESCRIPTION: Part of the S`vo'4 of Cectiai�<<^9, 2North, , a..,..68 .Ne t of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to WCR 3 1/4 approximately 1/4 mile south of WCR 16 %.
LAND USE: /
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ZONING: N A (Agricultural)
E A (Agricultural)
S A(Agricultural)
W A (Agricultural)
COMM NTS:
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EXHIBIT
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FIELD CHECK inspection date: 05/19/00
CASE NUMBER: Z-544
APPLICANT: Don LaFaver/Reflection Bay
LEGAL DESCRIPTION: Part of the SW4 of Section 29, T2N, R68W of the 6th
P.M., Weld County, Colorado
LOCATION: West of and adjacent to Weld County Road 3 1/4, approximately 1/4
mile south of WCR 16 '/2
Zoning Land Use
N A (Agricultural) N 5 lot PUD (Continental View Ponds)
E A (Agricultural) E Agricultural, pasture lands
S A (Agricultural) S Agricultural, pasture lands
W A (Agricultural) W Agricultural, pasture lands, Boulder Creek
COMMENTS:
• On Site, lake from gravel mining, oil & gas equipment, vacant land, no zoning violations,
lots of trees have been planted, as well as large trees that have been on site historically, the
property does lie within the flood plain and there is a berm on the property on east and north,
possibly from minin . It appears that the property is suitable for the PUD, as proposed.
Julie A. Chester, Current Planner
EXHIBIT
3
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: Li.) \-/ .G26(' . THE SIGN SHALL 3E
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE. POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR
-5'1 . THE SIGN WAS POSTED BY:
;Su) A . Ckc.s- ;_
NAME OF PERSON POSTING SIGN
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SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
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SUBSCRIBED AND SWORN TO ME THIS I DAY OF -O 40(i•
DDx4
NOTARY PUBLIC
MY COMMISSION EXPIRES: 1-I i „O
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
[41 EXHIBIT
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