HomeMy WebLinkAbout20002394.tiff -- BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cathy Clamp 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 542 --
PLANNER: Kim Ogle
APPLICANT: Deanne Frederickson for Harlan Shultz/ Shultz First Subdivision
ADDRESS: Landmark Engineering, 3521 West Eisenhower Blvd., Longmont CO 80537
REQUEST: A Change of Zone from A(Agricultural)to E (Estate)for a 5-lot Minor Subdivision
LEGAL DESCRIPTION: Part of the W2 SW4 of Section 7, Township 4 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to WCR 1 & North of and adjacent to WCR 46
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 21.4 of the
Weld County Zoning Ordinance.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance,
as follows:
A. Section 21.5.1.1 - That the proposal is consistent with the Weld County Comprehensive
Plan.
1) 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 shall be
incorporated on all pertinent land use plats. The Department of Planning Services'
will require the covenant to appear on the recorded plat. This covenant is intended
to alert potential residents that conflicts may exist between agricultural and
residential uses and that historic agricultural uses should not be expected to
surrender to the impact of development.
2) P.Goal 2 requires adequate facilities and services to assure the health, safety,and
general welfare of the present and future residents of Weld County. The Weld
County Public Works Department requires proposed cul-de-sacs to have an
outside radius of fifty(50)feet or more and a right-of-way of sixty-five (65)feet. A
sixty (60)foot right-of-way or easement shall provide access to the five parcels.
This road shall be owned and maintained by the homeowner's association.Should
this road be taken over by the County for maintenance, then the lanes shall be
twelve (12) feet wide and paved with four (4) foot gravel shoulders. Further, by
addressing the comments of the referral agencies and Planning Staff the applicant
has demonstrated concern for the county residents.
- 3) No intergovernmental agreements presently influence this site.
4..[ EXHIBIT ?Llyel2J
044 _IZ 2000-2394
RESOLUTION, Z-542
Harlan Schultz, Schultz First Subdivision
Page 2
B. Section 21.5.1.2-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 proposed site does
not lie within the Town of Berthoud's Growth Management Area. The applicant is proposing
a non-urban scale development of a five lot subdivision. The right-to-farm covenant will be
attached to the request thus informing any new residents to the area that the surrounding
community is agriculture in nature. 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-Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district. Domestic water and water for
fire protection shall be provided by Little Thompson Water District. Appropriate
documentation shall be provided that indicates not only the taps are available, but that
assurance of these connections has been made. The style of assurance may take several
forms, however pre-purchase of taps, line extension agreements, or another form of
"participation agreement" will be acceptable. The agreements shall be approved by the
Weld County Attorney's Office.
A Water Supply Information Summary shall be submitted to the Office of the State
Engineer, Division of Water Resources for their review. Office of the State Engineer
response shall be submitted to the Department of Planning Services' prior to scheduling a
Board of County Commissioners hearing.
Each lot for the proposed minor subdivision shall have an Individual Sewage Disposal
System(ISDS)installed per the Weld County Department of Public Health and Environment
requirements and specifications.
D. Section 21.5.1.4 - Street or highway facilities providing access to the property are
inadequate in size to meet the requirements of the proposed zone districts. The Weld
County Public Works Department reviewed this request and has determined that a traffic
impact study will not be required. The Department of Public Works Comprehensive
Transportation Plan has designated WCR 1 and WCR 46 as local gravel roads requiring
sixty(60)feet of right-of-way. The access to the Shultz Minor Subdivision is from WCR 1,
between WCR 46 and WCR 48. This section of road, between WCR 46 and WCR 48, is
maintained by Larimer County, and is functionally classified as a Minor Collector that
requires one hundred (100)feet of right-of-way. A total of fifty(50)feet from the centerline
of Weld County Road 1 shall be delineated on the plat as right-of-way reservation for future
expansion of Weld County Road 1.
The Weld County Department of Public Works shall require all internal roadways to have
sixty (60) feet of right-of-way, with two-way (2) access. The Department of Public Works
has determined that this subdivision meets the criteria of the Subdivision Ordinance
Section 4.6.9.6. Cul-de-sacs shall have a sixty-five(65)foot right-of-way radius,with a fifty
(50)foot turn-around. Should Weld County assume the maintenance of the internal road,
the roadway shall be constructed with (2) twelve foot wide paved lanes and (2) four foot
wide shoulders.
3. Section 21.5.1.5 - In those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards:
A. Section 21.5.1.5.1 -The proposed change of zone does not lie within any overlay district
identified by the maps officially adopted by Weld County.
RESOLUTION, Z-542
Harlan Schultz, Schultz First Subdivision
Page 3
B. Section 21.5.1.5.2-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.
C. Section 21.5.1.3-Soil conditions on the site are such that they present moderate or severe
limitations to the construction of structures of facilities proposed for the site. The
Department of Building Inspections requires all foundations of principal dwellings to be
engineered. Further,in the preliminary soils report it was noted that the soil has"fair to poor
potential for urban development"and has"moderate to high shrink swell, low strength and
moderately slow permeability." As a result of these preliminary results, a site-specific
geotechnical report is required. Any fill material placed must be of the type allowed by the
1997 Uniform Building Code(UBC)and be compacted to a minimum of ninety(90)percent.
The test results of that compaction shall be supplied to the Weld County Building Inspection
Department.
Weld County Department of Public Health and Environment noted based on percolation
tests conducted by Landmark engineering on December 10, 1999,that the soil exhibits poor
characteristics for percolation. The proposed lot sizes indicate there is room for primary
and secondary absorption fields, and alternatives to a total evaporation system that can
meet Section 6.1(C)of the Weld County Individual Sewage Disposal Regulations. Further,
as this type of soil generally necessitates non-conventional septic systems such as those
that do not rely on sub-surface absorption, i.e.,evaporatranspiration systems. It should be
noted that not more than twenty-five (25) percent of the subdivision can have
evaporatranspiration septic systems.
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 E (Estate) is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. OG.Policy 1.1 of the Weld County Comprehensive Plan states"new planned unit develop-
ments 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 been adequately 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
Department of Planning Services'. The plat shall be amended to include any possible
future drilling sites. (Dept. of Planning Services)
B. Appropriate documentation from Little Thompson Water District shall be provided that
indicates not only the taps are available, but that assurance of these connections has been
made. The style of assurance may take several forms, however pre-purchase of taps, line
extension agreements,or another form of"participation agreement"will be acceptable. The
agreements shall be approved by the Weld County Attorney's Office. (Dept. of Planning
Services)
RESOLUTION, Z-542
Harlan Schultz, Schultz First Subdivision
Page 4
C. A Water Supply Information Summary shall be submitted to the Office of the State
Engineer, Division of Water Resources for their review. Office of the State Engineer
response shall be submitted to the Department of Planning Services'. (Dept. of Planning
Services)
D. The applicant shall either submit a copy of an agreement with the Maclntyre Ditch
Company,whose ditch runs along the west side of the development, stipulating that ditch
activities have been incorporated into the design of the site or show evidence that
adequate accommodations have been made. Evidence shall be submitted on the Ditch
Company letterhead to the Weld County Department of Planning Services'. (Dept. of
Planning Services)
2. 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.
3. The Plat shall be amended to delineate the following:
A. The most recent version of the "Right To Farm Covenant" as stated in the Weld County
Comprehensive Plan, shall be placed on the plat. (Department of Planning Services)
B. The typical cross-section of the internal road system that identifies the width and depth of
gravel,pavement,shoulders,drainage ditches and right-of-ways shall be shown on the plat.
(Department of Public Works)
C. Weld County Road 1 is classified as a Minor Collector by Larimer County. The applicant
shall reserve fifty (50) feet of right-of-way from the centerline east of WCR 1 for future
improvements. (Department of Planning Services)
D. The fire hydrant, as required by the Berthoud Fire Protection District,specifically located at
East end of the cul-de-sac. (Department of Planning Services)
E. The location of the mail box facility and school bus stop. (Department of Planning Services)
F. The applicant shall submit a name for the road that is unlike any other name within Weld
County. (Department of Planning Services)
G. The applicant shall delineate on the plat an area for septic system replacement envelopes.
Primary and secondary system envelopes shall be designated on each lot. Each envelope
must meet current minimum setbacks as specified in the Weld County Individual Sewage
Disposal System Regulations. (Department of Public Health and Environment)
H. All future signs including entrance signs, street signs and stop signs. (Dept. of Planning
Services)
All internal roadways shall have sixty (60)feet of right-of-way. Cul-de-sacs shall have a
sixty-five (65)foot right-of-way radius. If Weld county is to assume maintenance of these
roads, the roadway itself shall have twelve (12)foot paved lanes and four (4) foot gravel
shoulders. The cul-de-sac shall have a fifty (50) foot edge of driving lane radius.
(Department of Public Works)
4. Prior to recording the Change of Zone plat:
RESOLUTION, Z-542
Harlan Schultz, Schultz First Subdivision
Page 5
A. The applicant shall submit a reconfigured road plan to the Weld County Department of
Public Works. The plan shall include a mail area at the entrance to the minor subdivision
and bus stop location.The applicant shall submit evidence of Public Works approval to the
Planning Department. (Department of Public Works, Dept. of Planning Services)
B. The applicant shall provide evidence that Thompson R2-J School District has been
contacted regarding the proper location of the school bus stop. (Dept.of Planning Services)
C. The applicant shall provide written evidence from the Thompson R2-J School District
illustrating an agreement between the applicant and the school district has been met. (Dept.
of Planning Services)
D. The applicant shall provide evidence to the Department of Planning Services'that Larimer
County Planning and Engineering Departments have been contacted and their concerns
addressed in a memo dated April 5,2000. Written evidence of a solution shall be provided
to the Department of Planning Services for review and approval. (Dept. of Planning
Services)
E. The applicant shall submit a proposed estimate for time of construction of the Minor
Subdivision. (Dept. of Planning Services)
5. 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:
A. 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.
B. Water service shall be provided by Little Thompson Water District and sewage disposal
shall be from individual septic systems.
C. 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 ground water, poor soils and shallow bedrock.
D. Language for the preservation and /or protection of the second absorption field envelope
shall be placed in the development covenants. The covenants should 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.
E. In the event that five (5) or more acres are disturbed during the construction and
development of this site,the applicant shall obtain a storm water discharge permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment.
F. Proper Building permits shall be obtained prior to any construction or excavation.
G. Building permits are required for any accessory buildings being constructed or moved onto
the property. Additionally, permits are required for any decks or patios.
RESOLUTION, Z-542
Harlan Schultz, Schultz First Subdivision
Page 6
H. 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.
Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance.
J. Outdoor storage shall be screened from public rights of way, and adjacent properties.
K. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan, shall be
recognized at all times.
L. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health & Environment, Planning Services, Building
Inspection, the Berthoud Fire Protection District,and adopted Weld County ordinances and
policies.
6. At the time of Final Plan submittal:
A. The applicant shall enter into an Improvements Agreement Regarding Collateral for all
improvements to the Minor Subdivision. (Dept. of Planning Services)
B. The applicant shall submit a 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
Planning Services, Dept. of Public Works)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas
John Folsom
Michael Miller
Bryant Gimlin
Stephen Mokray
Cathy Clamp
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 May 16, 2000.
Dated the 16`' of
May, 2000.
Trisha Swanson
Secretary
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