HomeMy WebLinkAbout20001634.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray 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-545
PLANNER: Chris Gathman
APPLICANT: Harvey&Jean Markham
ADDRESS: 650 Hwy 56 Berthoud, CO 80513
c..a
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 ''/z, 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.
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 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.
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.
EXHIBIT18 2000-1634
I £bzt95 2LIuWy
RESOLUTION, Z-545
Harvey and Jean Markham
Page 2
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.
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.
RESOLUTION, Z-545
Harvey and Jean Markham
Page 3
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)
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)
8) 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)
B. 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
RESOLUTION, Z-545
Harvey and Jean Markham
Page 4
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)
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
RESOLUTION, Z-545
Harvey and Jean Markham
Page 5
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)
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.
RESOLUTION, Z-545
Harvey and Jean Markham
Page 6
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)
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)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
Arlan Marrs
John Folsom
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 20, 2000.
Dated the 20th of June, 2 0.
Trisha Swanson
Secretary
Hello