HomeMy WebLinkAbout990692.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan 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-521
PLANNER: Ben Patton =
:.: ≥
APPLICANT: William Harper P rn
ADDRESS: 6237 Nottinghill Gate, Boulder, CO, 80301
REQUEST: PUD Change of Zone to create four E (Estate) zoned lots and one R-4 (Multifamilyjoned
lot
LEGAL DESCRIPTION: Part of the SW 1/4 Section 13, T 3 N, R 68 W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to Weld County Road 32; approx. % mile west of WCR 13
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 5.3 of the
Weld County Planned Unit Development Ordinance#197.
2. 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. The proposal is consistent with the
aforementioned documents as follows:
1) A.Goal 1 states "Preserve prime farmland for agricultural purposes which fosters
economic health and continuance of agriculture." The subject property is
categorized as a mixture of"prime" and "irrigated non-prime" land by the USDS Soil
Conservation map.The property has not been used for agricultural purposes for over
25 years.
2) 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
and Health Department will require the covenant to appear on the recorded plat.
B. Section 6.4.3.1.3 - That the USES which would be permitted shall 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 right-to-farm covenant
will be attached to the request thus informing any new residents that the area 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.
EXHIBIT
990692 /
Loz#5O?/
RESOLUTION, Z-521
William Harper
Page 2
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. Domestic water and water for fire protection shall be provided
by the Little Thompson Water District. Each lot for the proposed PUD shall be served by an
on-site sewage system. The Weld County Health Department has reviewed the proposed
system and recommends approval.
D. Section 6.4.3.1.5 -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. Weld County Road 32 is a paved,
local road which will have the capacity to serve the proposed traffic flow.
E. Section 6.4.3.1.7 - That there has been compliance with the applicable requirement
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.
3. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts: The referral response from the Weld County Health
Department indicates that the application materials have adequately addressed all of the
potential impacts described in Section 6.3.1.2.1 of the Weld County Planned Unit
Development Ordinance (Ordinance 197).
B. Section 6.3.2 Service Provision Impacts: The applicant has satisfactorily addressed the
majority of service provision impacts in the application materials. Additional requirements of
the Weld County Public Works Department and Mountain View Fire Protection District are
addressed through the attached conditions of approval.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape Plan in
accordance with Section 9.3 of the Weld County Planned Unit Development Ordinance
(Ordinance 197).
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites' advantages and
limitations, as well as the compatibility of the development with adjacent sites.
E. Section 6.3.6 Proposed Signage: The applicant is not proposing any signage with this
application. Condition of approval#2D5 addresses any future proposed signage.
F. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the Mixed Use
Development area.
G. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed change of zone does not
lie within any Intergovernmental Agreement area.
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.
RESOLUTION, Z-521
William Harper
Page 3
The Planning Commission's recommendation for approval 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 applicant shall submit a revised and signed on-site improvements agreement which
addresses parking, private road, and open space and landscaping maintenance; ownership
and maintenance of the sewage treatment facility; and construction of on-site recreational
amenities in accordance with Section 6.3.3.2. (Dept. of Planning Services)
B. The applicant shall submit evidence that all of the requirements of the Little Thompson Water
District, as described in a letter dated August 7, 1998, have been met, and that commitment
to serve the five lots by the District has been secured unconditionally. (Dept. Of Planning
Services).
C. The plat shall be amended to delineate the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Dept. of Planning Services)
2) The accurate length of the proposed cul-de-sac and the revised lot configurations.
The plat shall also delineate a minimum 65-foot turnaround radius and the outside
curb or pavement edge radius must be 50 feet or more. (Dept. Of Planning Services,
Public Works Dept.)
3) The final plat shall delineate 30-feet of right-of-way from the centerline of Weld
County Road 32. (Dept. of Planning Services and Public Works Dept.)
4) The name of the street, which shall not conflict with any other street within the
particular U.S. Postal area. (Dept. of Planning Services)
5) The location and type of the recreational amenities for the site. (Dept. Of Planning
Services)
6) In accordance with Section 2.5 of the PUD Ordinance the Final Plat shall
include a total of 15% open space or greater. This calculation shall NOT
include the on-site sewage disposal facility and the area between the pond and the
fence which will surrounds it. (Dept. Of Planning Services)
D. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of four (4) Estate zoned lots and one (1) R-4 (Residential)
zoned lot. The Change of Zone allows for Estate uses (4 lots) which shall comply
with the Estate Zone District requirements as set forth in Section 36 of the Weld
County Zoning Ordinance and R-4 uses (1 lot) which shall comply with the
Residential District requirements as set forth in Section 32.5 of the Weld County
Zoning Ordinance. Each of the five lots shall be buildable. (Dept. of Planning
Services)
2) Water service shall be provided by the Little Thompson Water District and sewage
disposal shall be from an on-site sewage treatment facility. (Health Dept.)
RESOLUTION, Z-521
William Harper
Page 4
3) The site shall be developed in accordance with the recommendations contained in
the geotechnical report provided by the Colorado Geological Survey. (Dept. Of
Planning Services.)
4) Any signage located on the property shall require building permits and shall adhere
to Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
5) 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)
6) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
7) Outdoor storage shall be screened from public rights of way and adjacent properties.
(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) The on-site sewage facility has been permitted by the Colorado Department
of Public Health and Environment (Permit Number: COG-582017). (Health
Dept.)
10) The Homeowner's Association shall be responsible for the upkeep and maintenance
of the sewage treatment facility, including controlling any odors that may emanate
from the plant. The Association shall also assure that all conditions of the plant's
Discharge Permit(No. COG-582017) are met and complied with. (Health Dept.)
11) Any resident of the subject property forfeits their right to complain to the Colorado
Department of Public Health and Environment or the Weld County Health
Department concerning any odors that may emanate from the on-site sewage
treatment facility. Any issues concerning odors from the facility should be directed
to the Homeowner's Association. (Health Dept.)
12) The property is subject to Regulation #2 of the Colorado Air Pollution Control
Regulations. (Health Dept.)
13) 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-521
William Harper
Page 5
14) The existing home on the proposed R-4 lot shall be allowed to exist on the
site only for the purpose of providing a residence for the manager/caretaker
for the apartment complex. (Dept. Of Planning Services)
3. Prior to Recording the Final Plat:
A. The applicant shall vacate USR-860. (Dept. Of Planning Services)
B. The Landscaping Plan shall be amended to delineate a more complete description of the
grassed and landscaped areas, in accordance with the approved Improvements Agreement..
(Dept. Of Planning Services)
C. The applicant shall attempt to address the concerns of the Mountain View Fire Protection
District and the St. Vrain School District. (Dept. Of Planning Services)
4. Prior to the release of any building permits:
A. The applicant shall supply a designated street sign and stop sign at the appropriate location
adjacent to Weld County Road 32. (Public Works)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
Bryant Gimlin
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 March 16, 1999.
Dated the 16th of March, 1999.
tuaidUIVAL
Wendi Inloes
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 16, 1999
Page 4
Jack Epple moved to add Conditions of Approval#3D and #3E. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Jack Epple,
yes; Fred Walker, yes. Motion carried unanimously.
Jack Epple moved that Case USR-1211, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
Arlan Marrs said that he still had some confusion on the two additions to the Conditions of Approval, and that
the comments the Board had, did not seem to appear to be the same as what staff had. Ben explained that
he had made the changes after sending comments out to them, and that the additions should fall under prior
to recording the plat, #4A#4 and#5.
Comments from Arlan Marrs, Cristie Nicklas and Marie Koolstra that there are some concerns on the
application with surrounding property owners, access and easements, that the Board of County
Commissioners needs to review carefully.
Comments from Jack Epple that he is also concerned, but cannot deal with financial problems, and if the
applicant is willing to meet the Conditions of Approval and Development Standards, then they should be given
a chance to do so.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Jack Epple,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-521
APPLICANT: William Harper
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of the SW4 of Section 13, T3N, IR68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone for five lots from Agricultural to F'UD (Estate/R-4).
LOCATION: North of and adjacent to WCR 32; approximately '/z mile west of WCR 13.
Ben Patton, Department of Planning Services, presented Case Z-521. Ben then read the recommendation
into the record and stated that the Department of Planning Services is recommending approval of the
application, along with the Conditions of Approval and Development Standards. Ben added that the applicant
has reduced the length of the proposed cul-de-sac to the estate lots on the west portion of the PUD.
Todd Hodges, representative for the applicant, said that Mr. Harper has reviewed staff comments and was
in agreement with them.
Arlan Marrs asked Mr. Hodges to go over each lot and what will be on the lots. Mr. Hodges explained on an
overhead map the proposal.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ray Edmiston, spoke against the application. Mr. Edmiston said that the property is not'A mile east of WCR
13, but'''A west of WCR 13, and did not realize the property was so close to his. Mr. Edmiston does not feel
the proposal is good for Weld County or the neighborhood.
EXHIBIT
Cme #5,3j
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 16, 1999
Page 5
Gene Wagy, spoke against the application. Mr. Wagy said that he moved to Weld County with the
understanding that agricultural ground should not be split up into less than two acres. Mr. Wagy added that
the proposal is non-conforming to the area. Mr. Wagy was also under the understanding that the only way
to get apartment rentals, is if the property was on city sewer or city services. He also had concerns in the
increase in traffic on WCR 32, and asked if the home had been condemned. Marie Koolstra said that staff has
placed conditions on the site, and could get a copy of those from staff.
Trevor Jiricek,Weld County Health Department, addressed the sewage for the development, and explained
that in this case, the PUD Ordinance allows smaller lots when you have a community waste water treatment,
which this site does, and is permitted through the State Department of Health. If the site were on septic
permits alone, it would have to have an overall density of 2.5 acres per home, per the Ordinance.
Don Carroll, Weld County Public Works, addressed the WCR 32 traffic. Don said this was a paved road, and
current counts range around 200, and with additional 18 units being added, they calculate about 6.5 trips per
unit, which the road is still capable of handling the traffic. On WCR 13, this road has been annexed by the
Town of Mead, and Hwy 66 is a state highway, which they do realize is a bad intersection, but have no control
of this location.
Harvey Fishner, spoke against the application, and had concerns on waste water being dumped into the lake.
Trevor Jiricek said that the Colorado Department of Public Health and Environment, requires a permit for
these types of discharges, and the facility has to submit quarterly reports to the State, and they are routinely
inspected by the district engineer. They do need to provide a certified operator to run the facility, which is a
condition of the permit, and a requirement of the State Water Quality rules. Mr. Fishner asked how will they
know that conditions are being met. Trevor said that any report done by the state, is public record, and failure
to comply results in a$10,000 per day, per violation. Mr. Fishner also wanted to know how the current owner
is going to bring the condemned building up to code, and feels that if it didn't work before, why would it work
now. They have had problems in the past with drugs and such, and they will have a large amount of people
with a large amount of problems.
Lee Morrison, Assistant County Attorney, said that the history of the apartments was not in accordance with
the county regulations, and violations were issued, and prior to this,there was a Use by Special Review permit
for a group home.
Marie Koolstra explained that the Board has to deal with the factual information such as zoning, land uses,
health department problems, and some of the concerns Mr. Fishner has, are with is law enforcement.
Ben Patton added that the physical status of the occupants of the apartment will not be consistent with the
previous use, and the Use by Special Review permit#860,which is still active, will be vacated as a condition.
There will also be covenants in place for the site.
Marie asked Ben if the current owners are the same as the previous owners. Ben stated that Mr. Harper is
a new property owner. Marie asked Mr. Fishner why he believes there will be the same problems under new
owners, when they are doing things the proper way. Mr. Fishner then had concerns on the four homes sitting
lower than the pond, and needing fill dirt brought in. Ben Patton explained that these concerns will be
addressed through the Conditions of Approval and Development Standards, and will conform to Building
Codes. Mr. Fisher then asked if they had a permit from Public Service to dump the waste water. Ben said
they do have a discharge permit, and permission from Public Service to cross their property. Trevor added
that a lift station will be required for the four homes to be served.
Barbara Fishner, surrounding property owner, asked if the new owners owned the property at the time that
the home was condemned. Ben said they did not. Mrs. Fishner then asked if there will be family dwellings
with children, or an adult community. Ben said there was no restriction on type or gender of the people
purchasing or renting the homes. Mrs. Fishner was concerned with the numerous trucks from Western Sugar,
and any children that may be affected.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 16, 1999
Page 6
Todd Hodges addressed some of the concerns. Mr. Hodges explained that the proposal is actually a
reduction in density. Mr. Harper has made improvements on the site. As far as the past history, Mr. Harper
has no intention of the same problems occurring, and with the Conditions and Standards, covenants, and the
State Health Department requirements, should ensure things run smoothly. Mr. Wagy indicated he has
concerns, and Mr. Harper had met with Mr. Wagy, providing a 100-foot setback from his property to the west.
Marie Koolstra asked Mr. Hodges if Mr. Harper was the property owner when the property was condemned.
Mr. Hodges stated they were not. Marie than asked about providing a place for the children. Mr. Hodges said
that he would let the applicant address that issue.
Arlan Marrs asked Mr. Hodges how far west the 1-25 Frontage Road was. Mr. Hodges said about one to 1-1/2
miles. Arlan asked if it would be conceivable for some of the traffic to go west and meet with this road, instead
of going to WCR 13. Mr. Hodges said this was conceivable.
William Harper, applicant, said that he has owned the property since July or August, and the problems that
occurred prior to this, he did not own the property. Mr. Harper is now trying to redevelop the property into
something better and better quality apartments. They will have some swings and games for the children.
Concerns on traffic on WCR 32 are posted as a high traffic area, with posted signs. Mr. Harper had contacted
most of the neighbors prior to the Sketch Plan, with the exception of Mr. Edmiston whom he was unable to
contact. He did provide the 100-foot setback for Mr. Wagy to address his concerns of building to close to his
property. Mr. Harper said that he could have gone with a higher density, but wanted to maintain the rural
atmosphere. The USR for the nursing home facility is still in effect, and could go back to that use at some
point, but want to cut back from 120 to 60 people. Concerns on waste water treatment are highly regulated,
and he is required to turn in a monthly monitoring report to the State Health Department, and operated by on
site care taker, or an off site service. Agreements with Public Service have been in place and included in the
packets.
Marie Koolstra asked Mr. Harper if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Harper stated he was in agreement.
Stephan Mokray moved that Case Z-521, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Cristie Nicklas seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Jack Epple,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1219
APPLICANT: Sand Land, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NE4 of Section 29, and the NW4 and N2 SW4 of Section 28,
T4N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for Open Cut Gravel
Mining and Batch Plant in the(A)Agricultural zone district.
LOCATION: South of and adjacent to Hwy 66 and adjacent to WCR 17 on the east and west.
Sheri Lockman, Department of Planning Services, presented Case USR-1219. New comments were given
to replace preliminary comments. The Department of Planning is recommending approval of the application,
along with the Conditions of Approval and Development Standards. Sheri then read the recommendation into
the record.
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