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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-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 1/2
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 6.4.4.6.1 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.
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
EXHIBIT
2000-1464
O2"fr5ti
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RESOLUTION, Z-544
Donald LaFever/ Reflection Bay
Page 2
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
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:
RESOLUTION, Z-544
Donald LaFever/Reflection Bay
Page 3
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)
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)
RESOLUTION, Z-544
Donald LaFaver/ Reflection Bay
Page 4
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. (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)
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
RESOLUTION, Z-544
Donald LaFaver/Reflection Bay
Page 5
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. 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,
RESOLUTION, Z-544
Donald LaFaver/Reflection Bay
Page 6
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.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
John Folsom Arlan Marrs
Michael Miller
Bryant Gimlin
Jack Epple
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 June 6, 2000.
Dated the 6th of June, 20 0.
Trisha Swanson
Secretary
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