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Home My WebLink About992213 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Arlan Marrs 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-528 APPLICANT Mike Siegrist ADDRESS: Siegrist Companies, Inc., 875 W. 64th Avenue, Denver, CO 80221 - PLANNER: Ben Patton REQUEST: Change of Zone from Agricultural to PUD for 600-800 lots with Residential and CorrI terciai uses LEGAL DESCRIPTION: Part of Section 35, and part of the W2 of Section 36, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to the 1-25 Frontage Road, and South of and adjacent to Weld County Road 28 be recommended 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. 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." The proposed subdivision is located within the MUD area. 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. 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. C. 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. The Little Thompson Water District will provide public water to the site and the St. Vrain Sanitation District will provide public sewer service. D. 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. 992213 RESOLUTION, Z-528 Siegrist Companies, Inc. Page 2 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. Weld County Road 28, delineated on the MUD Structural Transportation Map 2.2 as a two-lane collector, and the 1-25 Frontage Road, will provide access to the site. Improvements to Weld County Road 28 will be required, and shall be ensured through the Improvements Agreement. E. 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. A portion of the subject site does lie within the designated flood plain. Provision for appropriate permitting within this area has been made through the conditions of approval. F. 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. 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 Change of Zone from A(Agricultural)to PUD for 600-800 lots with Residential and Commercial Zone 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. In accordance with Section 9.3.2.5, the applicant shall submit an expanded description of the proposed "clubhouse", as specified in the sketch plan and change of zone application materials. This document shall clarify the issue of ownership and maintenance of the proposed facility, as well as all proposed "clubhouse" amenities. (Dept. Of Planning Services) B. The applicant shall submit evidence to the Department of Planning Services verifying that Pridemark medical response has the capability and willingness to adequately serve the proposed development. (Dept. of Planning Services) C. The applicant shall submit a Planning Area Profile in accordance with MUD. Policy 6.22. The profile should contain public facilities and services data, socioeconomic data, natural environmental resources, and visual and cultural resources. The purpose of this information would be to provide the user the existing conditions, opportunities, and constraints within the 1-25 Mixed Use Development area. (Dept. of Planning Services) RESOLUTION, Z-528 Siegrist Companies, Inc. Page 3 D. The applicant shall contact the Weld County Long Range Planner to investigate potential for connection of the recreational trail to planned regional trails in the area in accordance with MUD. TGoal 2 which states, "Promote a pedestrian trail system to service transportation and recreation purposes within the MUD area." (Dept. of Planning Services) E. The applicant shall provide a signed copy of the agreement which assures compliance with School District RE-1J requirements, as described in a referral dated July 7, 1999. (Dept. Of Planning Services) F. The applicant shall provide a copy of a draft Improvements Agreement which addresses all access concerns, as addressed by the Public Works Department and the Colorado Department of Transportation. The Agreement shall also address open space, landscaping, "clubhouse" construction and maintenance, and any other amenities contained within the development. (Dept. Of Planning Services) G. The applicant shall apply for either a request for vacation of, or amendment to, the existing Uses by Special Review(USR) and Special Use Permits(SUP)which exist on the site. H. The applicant shall provide evidence to the Department of Planning Services that all Weld County Public Works Department concerns have been addressed. (Public Works, Dept. Of Planning Services) Prior to the Board of County Commissioners Change of Zone Hearing date: 1. The applicant shall provide signed copies of all applicable agreements with service providers which indicate that service will be provided for the maximum number of lots proposed within the phase or filing being platted. These agreements shall include full commitment from the Little Thompson Water District and the St.Vrain Sanitation District. Subsequent phases and filings which will be platted shall require similar documentation from service providers. (Dept. of Planning Services) 2. The applicant shall supply evidence that all requirements of the Colorado Department of Transportation have been met. (Dept. Of Planning Services) 3. The applicant shall supply evidence that all requirements of the Mountain View Fire Protection District have been met. (Dept. Of Planning Services) 4. The applicant shall remove the"Equestrian Center" from the plan. If the applicant chooses not to remove the Equestrian Center from the application, an updated Wastewater Management Plan, which addresses the discharge of waste from the Equestrian Center site, shall be reviewed and approved by the Weld County Health Department. This plan shall conform to the State of Colorado Water Quality Control Act and the Confined Animal Feeding Operations Control Regulations, Section 81.6. The applicant shall further submit plans to the Health Department which address the minimization and management of flies, dust, and odors emanating from the Equestrian Center. Upon approval by the Health Department these plans shall be incorporated into the covenants for the PUD. (Health Dept.) J. 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 plat shall delineate right-of-way, parking, curb, gutter and sidewalks on the interior road. (Public Works) RESOLUTION, Z-528 Siegrist Companies, Inc. Page 4 2) The typical road cross section shall be amended to conform to Figure 2.10 of the Mixed Use Development design standards. (Public Works) 3) The "Equestrian Center" shall be removed from the plat and shall be replaced by common open space and/or additional lots. The area located immediately west of the six lots which are closest to the Commercial(C-2) area shall be identified as Common Open Space. (Dept. of Planning Services) 4) The lots currently labeled "Equestrian Estates" shall be re-named such that no reference is made to animal allowances on the lots. (Dept. of Planning Services) 5) The current right-of-way for Weld County Road 28 is sixty feet(60'). The plat shall delineate an additional ten feet (10') of dedicated right-of-way adjacent to Weld County Road 28. (Public Works) K. The following notes shall be delineated on the Change of Zone plat: 1) The PUD shall consist of 600-800 lots approved for Residential (R-1, and R-4) and Commercial(C-2)zone district uses, and common open space. The Change of Zone allows for Residential uses which shall comply with the Residential Zone District requirements as set forth in Section 32 of the Weld County Zoning Ordinance. Commercial uses shall comply with the Commercial Zone District requirements as specified in Section 33.3 of the Zoning Ordinance. 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) Potable water service shall be provided by the Little Thompson Water District. (Health Dept.) 3) Sewage disposal service shall be provided by St. Vrain Sanitation District. (Health Dept.) 4) In the event that five (5) or more acres are disturbed during the construction of the site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the downgradient portion of the site during all parts of the construction phase of the project. (Health Dept.) 5) 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. (Health Dept.) 6) In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than five(5) acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Health Dept.) 7) If land development creates more than a 25 acre contiguous disturbance,or exceeds six(6) months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Health Dept.) RESOLUTION, Z-528 Siegrist Companies, Inc. Page 5 8) The site shall adhere to and maintain compliance with the Flood Hazard Overlay District requirements as specified in Sections 26 and 53 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 9) The current Right to Farm Covenant from the Weld County Comprehensive Plan. (Dept. of Planning Services) 10) All development shall adhere to the requirements of the Mountain View Fire Protection District. (Mountain View Fire Protection District) 11) If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in water of the United States which may include streams, open water lakes, ponds or wetlands at this location, the Department of the Army Corps of Engineers office should be contacted by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Dept. Of the Army, Corps of Engineers) 12) 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 2.8 of the MUD Ordinance. (Dept. of Planning Services) 13) Prior to the release of any building permits, foundations shall be engineered at each separate building site. (Weld County Building Inspection) 14) 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. (Dept. Of Planning Services) 15) Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. (Dept. of Planning Services) 16) Uses which are currently permitted on the site through various Uses by Special Review (USR) and Special Use Permits (SUP) are still recognized through the approval of this Change of Zone application; however, these permits shall either be "vacated" or"amended to exclude the PUD area" prior to recording the PUD Final Plat. 17) 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. (Dept. of Planning Services) RESOLUTION, Z-528 Siegrist Companies, Inc. Page 6 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 Road Improvements agreement for off-site improvements with Weld County which includes the future expansion of Weld County Road 28. (Dept. of Planning Services) B. The Final Plan application shall include a copy of the signed Improvements Agreements in accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance. The agreements shall address streets, curb, gutter, sidewalk, emergency access, trail, landscaping of the common open space, construction and maintenance of the clubhouse, and any other appropriate construction elements. The Improvements Agreements shall further demonstrate compliance with all recommendations of the Weld County Public Works Department, as described in a letter from the Weld County Transportation Consultant, and in a letter from the Weld County Public Works Department. (Dept. of Planning Services) C. The Final Plan application shall include evidence that the conditions of St. Vrain Sanitation District have been addressed and that taps will be available for the maximum number of lots proposed within the phase or filing being platted. (Dept. of Planning Services) D. The Final Plan application shall include evidence that the conditions of the Little Thompson Water District have been addressed and that taps will be available for the maximum number of lots proposed within the phase or filing being platted. (Dept. of Planning Services) E. The Final Plan application shall specify the Homeowner's Association's method of trail maintenance. (Dept. of Planning Services) F. The draft covenants shall include the Right to Farm covenant contained in the Weld County Comprehensive Plan. (Dept. of Planning Services) G. The draft covenants and homeowner's association shall address open space maintenance and landscaping in accordance with Section 6.3.3.2. (Dept. of Planning Services) 4. Prior to recording the Final Plat: A. The applicant shall obtain an access permit from the office of the Colorado Department of Transportation. Evidence of Colorado Department of Transportation approval shall be forwarded to the Department of Planning Services. (Dept. Of Planning Services) B. The applicant shall vacate or amend all Uses by Special Review or Special Use Permits which currently exist on the site. These applications may be vacated by submitting a letter to the Department of Planning Services which formally requests the vacation. This petition will be addressed before the Weld County Board of County Commissioners. Amendments to existing permits shall conform to guidelines specified in Section 24 of the Weld County Zoning Ordinance. C. The Final Plat shall include the following: 1) The name of the streets within the PUD, 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. (Dept. of Planning Services) RESOLUTION, Z-528 Siegrist Companies, Inc. Page 7 5. 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 Weld County Road 7. (Public Works) B. Dwellings on each lot are required to have engineered foundations and an open hole inspection conducted by a Geotechnical Engineer. Outbuildings, 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. (Building Inspection) Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Cristie Nicklas Michael Miller Arlan Marrs Fred Walker Stephan Mokray John Folsum Jack Epple Bruce Fitzgerald 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, Wendi Inloes, 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 August 17, 1999. Dated ethe 17jtth of August, 1999. e ,1 Wendi Inloes Secretary Hello