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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Move h S'6l i err 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-553
PLANNER: Julie A. Chester
APPLICANT: Al Challenger
ADDRESS: P.O. Box 448, Evergreen, CO 80437
REQUEST: Planned Unit Development Change of Zone to create five residential lots and Open Space
including a Conservation Easement for a Heron Rookery
LEGAL DESCRIPTION: Part of the NW4 and N2/SW4 of Section 29, T5N, R67W of the 6th P M.,
Weld County, Colorado
LOCATION: West of and adjacent to WCR 15 '/, approximately 1/4 mile south of WCR 54
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 pr me
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's Right to Farm has been established which snail
be incorporated on all pertinent land use plats." The Department of Planring Services will
require Weld County's Right to Farm 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, except for Section 2.5, Common Open Space. Section 2 5
states, "Common open space in the PUD Zone District shall be owned and maintained in
perpetuity by an organization established specifically for such ownership and maintenance
purposes." Currently, the applicant is proposing the owner of Lot 1-A shall own the open
space lots, Lot 1-B and Lot 1-C. Although the open space is visually and aesthetically
pleasing, private ownership of the open space lots does not meet the intent of Section 2.5.
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 Plan
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 Milliken and
Johnstown are both within the three mile referral area of this proposal. The Town of
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2000-3074
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RESOLUTION, Z-553
Al Challenger
Page 2
Milliken responded that this proposal did not conflict with their interests and the Town of
Johnstown responded that the proposal did not comply with their Comprehensive Plan.
Their referral stated that they were opposed to development that created enclaves in the
area of urban growth until an Intergovernmental Agreement(IGA)is in place. Weld County
does have an IGA with the Town of Milliken, but not the Town of Johnstown, at this time.
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 State of Colorado, Division of Water Resources has
indicated in their referral response dated October 13, 2000 that the water district has
submitted sufficient evidence documenting water can be made available and is an
adequate supply for this development. Each lot for the proposed PUD subdivision Ehall
have an Individual Sewage Disposal System (ISDS) installed per the Weld County
Department of Public Health and the Environment requirements and specifications.
Conditions of Approval and Notes on the plat ensure that water and sewer issues have
been adequately addressed.
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 Department of
Public Works has submitted conditions of approval in their referral response dated
November 28, 2000, that will ensure that the street facilities providing access to this
proposal are adequate.
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 wth Weld
County's policy regarding Collateral for Improvements. Improvements to the internal road
will be required, and shall be ensured through the Improvements Agreement at the Final
plan stage of this proposal.
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 080266-0615C. A Condition of Approval will
require Flood Hazard Development Permits on each lot prior to construction occurring,
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 site has been mined previously
under a Site Specific Development Plan and Special Review Permit (ArnIJSR-672). The
Colorado Geological Survey sent a referral,dated May 19,2000,for the Sketch Plan phase
of this proposal and indicated their concerns were only with shallow ground water and soil
RESOLUTION, Z-553
Al Challenger
Page 3
conditions on the building sites. In a referral response dated November 3,2000, the Weld
County Building Inspection Department is requiring engineered foundations for each
residential structure and possibly accessory structures, as well. 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 it the
proposed zone district with the exception of the Common Open Space, as described
previously. The applicant is requesting that the Final Plan be administratively reviewed.
The Department of Planning Services' staff concurs with this request.
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) Weld County's current Right to Farm statement from the Weld County
Comprehensive Plan, dated October 31, 2000. (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)
5) The final plat shall be modified to show a 60 foot right-of-way on the internal street.
(Public Works)
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.
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
RESOLUTION, Z-553
Al Challenger
Page 4
structures, dirt mounds, etc.) are expressly prohibited in the designated absorption field
site. (Department of Public Health and Environment)
D. The drainage study shall be modified to allow a detention pond for the entire site and a
water surface elevation be provided for the 100 year storm. (Department of Public Works)
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 approximately forty-three ;43)
acres of open space, including a Conservation Easement for a Heron Rookery.
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 open space shall be
owned and maintained in accordance with Section 6.3.5 of the Planned Jnit
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 Little Thompson Valley Water District.
(Department of Public Health and Environment)
4) The applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment,
if required. Silt fences shall be maintained on the down gradient portion of the site
during all parts of the construction phase of the project. (Department of Pi blic
Health and Environment)
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. (Department of Public Health and Environment)
6) In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods which are technologically feasible and
economically reasonable in order to minimize dust emissions. (Department of
Public Health and Environment)
7) If land development creates more than a 25 acre contiguous disturbance, or
exceeds 6 months induration, 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. (Department of Public
Health and Environment)
8) All construction or improvements occurring in the flood plain as delineated on
Federal Emergency Management Agency(F.E.M.A.)FIRM Community Panel Map
080266-0615C, 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)
RESOLUTION, Z-553
Al Challenger
Page 5
9) 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)
10) 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.
11) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
12) Weld County's Right to Farm, as stated in the Weld County Comprehensive Plan,
dated October 31, 2000 shall be recognized at all times. (Dept. of Planning
Services)
13) Proper building permits shall be obtained prior to any construction or excavation.
(Weld County Department of Building Inspection)
14) Building permits are required for dwellings and any accessory buildings being
constructed or moved onto the property. (Weld County Department of Building
Inspection)
15) 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)
16) 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)
17) 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 Departmem: of
Building Inspection)
18) Any signage located on the property shall require building permits and aahere 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)
19) 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)
RESOLUTION, Z-553
Al Challenger
Page 6
20) 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 Flan,
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 Agreement in
accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance. The
agreement shall include the internal road,any trails,landscaping 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/or 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. and the approved landscape plan.
D. A fifteen (15) foot perimeter and ten (10) foot lot line easement is required for utilities on
each lot. 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 Johnstown 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 Weld County School District RE-5J have been met.
(Department of Planning Services)
(3) Evidence shall be submitted to the Department of Planning Services that the
requirements of the United states Department of the Interior, Fish and Wildlife
Service have been met. (Department of Planning Services)
4. Prior to the release of any building permits:
RESOLUTION, Z-553
Al Challenger
Page 7
A. A Flood Hazard Development Permit shall be approved by the Department of Planning
Services prior to any construction on the lots or open space areas.
B. The applicant shall supply designated street signs and a stop sign al the appropriate
location adjacent to Weld County Road 15 1/2 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 John Folsom.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Cathy Clamp
Fred Walker Jack Epple
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Stephen Mokray
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 December 5, 2000.
Dated the 5'" of December, 2000.
Trisha Swanson
Secretary
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