HomeMy WebLinkAbout20001635.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Harvey &Jean Markham Case Number Z-545
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 ( 5 pages) X
8 Referral list X
9 Weld County Health Department referral received 6/14/00 X
10 Weld County Public Works Dept. referral received 5/12/00 X
11 Colorado Division of Water Resources referral received 6/13/00 X
12 Weld County Dept. Of Building Inspection referral received X
5/10/00
13 Colorado Geological Survey referral received 5/23/00 X
14 Colorado Division of Wildlife referral received 5/19/00 X
15 Thompson R2-J School District referral received 5/17/00 X
16 Town of Berthoud referral received 5/17/00 X
17 Berthoud Fire Protection District referral received 5/31/00 X
18 Town of Mead referral received 6/11/00 X
19 Colorado Division of Water Resources referral received 6/6/00 X
20 Berthoud Fire Protection District referral received 6/7/00 X
21 8 1/2 X 11 maps submitted by applicant( 1 page) X
22 Deed X
23 Surrounding Property Owners (7 pages) X
24 Soil Survey(8 pages) X
25 Picture of Public Notice sign dated 6/5/00 X
25 Item submitted at planning commission r EXHIBIT
letZ I'rt,5 2000-1635
I hereby certify that the 25 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.
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Chris Gathman ❖ Current Planner
#‘4t EXIT
COLORADO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE NUMBER: Z-545
PLANNER: Chris Gathman
APPLICANT: Harvey & Jean Markham
ADDRESS: 650 Hwy 56 Berthoud, CO 80513
REQUEST: PUD Change of Zone to create four PUD zoned lots for residential (Estate) uses on
15 Acres along with 3 acres of open spaces
LEGAL DESCRIPTION: Part of the North %2, NE 1/4 of Section 19, Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 56 and approx. 1/4 mile west of WCR 3
ACRES: 20 PARCEL # 1061 19 000043
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 prime
farmground by the USDA Soil Conservation map. The small size and the shape of
the site make 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. The proposed subdivision is not located within the Mixed Use
Development area.
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.
Service,Teamwork, Integrity,Quality
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. In a referral response, dated May 16, 2000,
the Town of Berthoud has indicated that it"complies with their comprehensive plan."
The right-to-farm covenant will be attached to the request thus informing any new
residents that the area in 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.
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 Little Thompson Water District. The Little Thompson Water District, in
their April 3, 2000 referral, have indicated that they have adequate capacity to serve
this proposed PUD. Each lot for the proposed PUD subdivision shall have an
Individual Sewage Disposal System (ISDS) installed per the Weld County Health
Department of Public Health & 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 Weld County
Public Works Department reviewed this request and indicated that the 60-foot right-
of-way shall have further delineation of 12-foot driving lanes with four-foot shoulders.
Improvements to the internal road will be required, and shall be ensured through an
Improvements Agreement.
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 an Improvements Agreement.
The applicant will be required to submit a detailed drainage study for the final plat
and drainage improvements will need to be included in the Improvements
Agreement.
Service,Teamwork, Integrity,Quality Z-534, Markham, 2
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 not
such that they present moderate or severe limitations to the construction of structures
of facilities proposed for the site. In a referral response dated February 2, 1999, the
Colorado Geological Survey recommended that, " the foundations for these
structures be based on site-specific soils investigations and that radon-mitigative
design be considered for all occupied structures." In a referral response dated
5/10/00, the Weld County Building Inspection Department is requiring engineered
foundations for all principal dwellings (in some cases engineered foundations may
be required for accessory buildings). A soils report will need to be included with
blueprints when building permits are applied for with the Weld County Building
Inspection Department.
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.
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 Four 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 the plat 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 typical road cross section shall be changed to indicate 12-foot driving
lanes with four-foot shoulders on the Final Plat. (Dept. of Public Works)
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)
Service,Teamwork, Integrity, Quality Z-534, Markham, 3
4) The applicant shall place on the plat the location of the retention pond. The
configuration of the retention pond and outlet structure and any additional
cross drainage culverts across the internal roadway (including any in the
State Highway right-of-way at the entrance)shall be placed on the plat. (Dept.
of Public Works)
5) The plat shall delineate 75' of road right-of-way from the centerline of State
Highway 56.
6) Indicate the extent to which the existing greenhouse and existing building
will be shortened. No portions of these buildings shall be allowed in the right-
of-way for Markham Court. (Dept. of Public Works)
7) Primary and secondary septic system envelopes and a building envelope
shall be designated on each lot. Septic systems should meet the required
setbacks as described in the Weld County Individual Sewage Disposal
System Regulations. (Dept. of Public Health & Environment)
B. 1) A Landscape Plan and maintenance schedule shall be submitted to the
Department of Planning Services for review and approval. 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. (Dept. of Planning Services)
C. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of four (4) PUD zoned Lots. The Change of Zone
allows for Estate 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 four 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) Water service shall be provided by the Little Thompson Water District. (Dept.
of Public Health & Environment)
3) 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. (Dept. of Public Health & Environment)
4) The site shall be developed in accordance with the recommendations
contained in the referral letter, dated February 2, 1999. (Colorado
Geological Survey)
Service,Teamwork, Integrity,Quality Z-534, Markham, 4
5) The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Department of Public
Health & Environment, and the Weld County Department of Planning
Services.
6) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
7) The Right To Farm Covenant, as stated on this plat, shall be recognized at
all times. (Dept. of Planning Services)
8) Proper building permits shall be obtained prior to any construction or
excavation. (Weld County Department of Building Inspection)
9) Building permits are required for dwellings and any accessory buildings
being constructed or moved onto the property. (Weld County Department
of Building Inspection)
10) 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 licensed
engineer. (Weld County Department of Building Inspection)
11) 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)
12) 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)
13) Any signage located on the property shall require building permits and adhere
to Section 42.4 of the Weld County Zoning Ordinance and Section 6.3.6.3
of the Weld County PUD Ordinance. (Dept. of Planning Services)
14) 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,
Service,Teamwork, Integrity,Quality Z-534, Markham, 5
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. Prior to recording the Final Plan plat:
A. The applicant shall provide evidence to the Department of Planning Services
that all the requirements of the Berthoud Fire Protection District have
been met, as outlined in a referral response letter, dated June 5, 2000.
(Berthoud Fire Protection District)
B. The applicant shall provide evidence to the Department of Planning Services
that the Department of Public Works has reviewed and approved the test
results of compaction testing of subgrade, base, and asphalt. (Dept. of
Public Works)
C. The applicant shall address of the Thompson School District R2-J as stated
in a referral received May 17, 2000. Evidence of such shall be submitted in
writing to the Department of Planning Services. (Thompson School District
R2-J)
D. Evidence shall be submitted to the Department of Planning Services that the
requirements of the Colorado Department of Transportation have been met,
according to the referral letter, received December 28, 1999. (Colorado
Dept. of Transportation)
4. 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 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 of Markham Court 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 (Dept. of Public Works).
B. The Final Plan application shall specify the Homeowner's Association's method of
trail and landscape maintenance. (Dept. of Planning Services)
C. The draft covenants and homeowner's association shall address open space
maintenance and landscaping in accordance with Section 6.3.3.2. Language for the
preservation and/or protection of the second absorption field envelope should be
included in the covenants. The covenants should state that activities such
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. (Dept. of Public Health & Environment)
Service,Teamwork, Integrity,Quality Z-534, Markham, 6
D. Applicants shall submit an agreement(or evidence of payment)with Little Thompson
Water District outlining payment of tap fee and system development fee and
provision of collateral for any internal improvements. (Dept. of Planning Services)
E. A detailed drainage study, signed by a Colorado licensed engineer, shall be
submitted with the final plat application. (Dept. of Public Works)
5. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the appropriate
location adjacent to Markham Court. (Dept. of Public Works)
B. A soils report shall be supplied to Weld County Building Inspections with blueprints
when applying for building permits. (Dept. of Building Inspection)
C. During development of the site, all land disturbance shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted. (Dept. of Public Health & Environment)
Service,Teamwork, Integrity,Quality Z-534, Markham, 7
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
eia Ilk
FAX (970)304-6498
17TH 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
May 9, 2000
Harvey Markham
650 Hwy 56
Berthoud, CO 80513
Subject: Z-545- Request for a PUD Change of Zone from Agriculture to PUD for 4 lots for residential uses
on a parcel of land described as Part of the N2 NW4 of Section 19, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado.
Dear Mr. Markham:
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 20, 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 Berthoud and Mead Planning
Commissions for their review and comments. Please call the town of Berthoud at 970-532-3754 and the town
of Mead at 970-535-4477 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 Berthoud and Mead 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.
EXHIBIT
Respectfully,
Chris Gathman
Planner
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EXHIBIT
I 025
6
FIELD CHECK
FILING NUMBER: Z-545 DATE OF INSPECTION:
APPLICANT'S NAME: Harvey Markham
PLANNER: Chris Gathman
REQUEST: PUD Change of Zone from Agriculture to PUD for 4 lots for residential uses.
LEGAL DESCRIPTION: Part of the N2 NW4 of Section 19, Township 4 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to SH 56 and approximately 1/4 mile west of WCR 3.
LAND USE: ,-/,ti1 D
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ZONING: N A(Agricultural)
E A(Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:A�":27 "5 Ara, 8,- "Al 6,999 OGJ f/a4000t1
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P.C. Member
EXHIBIT
FIELD CHECK inspection date: 6/5/00
CASE NUMBER: Z-545
APPLICANT: Markham
LEGAL DESCRIPTION: Part of N1/2, NE1/4 of Section 19, Township 4
North, Range 68 West of the 6th P.M., Weld County, CO.
LOCATION: South of and adjacent to State Hwy 56, Approx. 1/4 Mile West of
Weld County Road 3
Zoning Land Use
N A (Agricultural) N Ag, 4 to 5 Residential Houses
E A (Agricultural) E 4 to 5 residential houses
S A (Agricultural) S Agricultural land (cropland)
W A (Agricultural) W 4 to 5 residential houses
COMMENTS:
• Site slopes gently from immediately adjacent to Highway 52 to the south edge of the
property.
Two existing greenhouses on the site.
Existing single family residence on site.
EXHIBIT
3
aic-13
Chris Gathman, Current Planner
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