HomeMy WebLinkAbout990202.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RN�.,� \�n
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS )`S" `` 'b
Moved by Jack Epple that the following resolution be introduced for passage by the Weld County janning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-518 ;h
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PLANNER: Julie A. Chester n5 m
APPLICANT: Robert and Janet Winter
ADDRESS: 33652 WCR 21, Windsor, CO 80550 0
REQUEST: PUD Change of Zone to create four E (Estate)zoned lots with open space
LEGAL DESCRIPTION: Lot A of Recorded Exemption, RE-1694, Part of the NW4 of Section 14,
T6N, R67W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 70, Approximately '% mile east of WCR 21, approximately 1
1/2 miles from the Town of Severance
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 21.4 of the
Weld County Zoning Ordinance, as amended.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance,
as amended as follows:
A. Section 21.5.1.1 -That the proposal is consistent with the Weld County Comprehensive Plan.
1) A. Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture". The proposal is a marginal
v agricultural property of approximately 10 acres which is split from the farm by the
ti'--1 Winter,Wacker and Matthews irrigation ditch and has been subdivided through the
�, Recorded Exemption process. The U.S.D.A. Soils map designates this parcel as
O f: Li " co prime farmground, however due to the size of this parcel it is difficult to farm.
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i 2) PUD. Policy 4.1 states, "the design of a Planned Unit Development (PUD) should
ensure compatibility and harmony with existing and planned uses on adjacent
r ' t0 properties within the PUD. Surrounding land use activities at this location include
one rural residential home and agricultural activities. This proposal appears to be
compatible with surrounding uses.
3) UGB. Goal 2 states, "to 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. This proposal lies approximately one mile outside of the urban growth
boundary areas of the Towns of Windsor and Severance. This proposal is for four
estate lots and is consistent with the definition of non-urban scale development as
defined in the Weld County PUD Ordinance.
a EXHIBIT
990202
RESOLUTION, Z-518
Winter PUD
Page 2
B. Section 21.5.1.2-The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses. The application proposes
non-urban scale development in a non-urban area. The right-to-farm covenant would be
required to be placed on the plat thus informing any new residents that the area of the
surrounding community is agricultural in nature.
C. Section 21.5.1.3 -Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district. The application does propose
public water to be provided by North Weld County Water District and each lot is proposed
to be served by an individual septic system. Septic systems would be required to comply
with Individual Sewage Disposal System (ISDS) requirements and specifications.
D. Section 21.5.1.4 -Street or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone districts. Weld County Road 70,
which serves as the access point to the subdivision, is an unimproved roadway. Conditions
of approval and development standards ensure that the access for this PUD is adequate.
E. Section 21.5.1.5- In those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards:
1) Section 21.5.1.5.1 - The proposed change of zone does not lie within any overlay
district identified by the maps officially adopted by Weld County.
2) Section 21.5.1.5.2 - The proposed rezoning does not contain 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.
3) Section 21.5.1.5.3-Soil conditions on the site are such that the soil is very soft and
may possess hydrocompactive properties that could cause it to collapse when wet.
Conditions of approval and development standards address the concerns of the
Colorado Geological Survey.
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 W Weld County Health Department indicated in a
referral response, dated October 13, 1998, that there were no apparent potential
environmental impacts or risks that this proposed development may pose in excess of other
similar developments. The Colorado Division of Wildlife also commented in a referral
response, received on October 15, 1998, that this development will impact wildlife and
potentially impact associated wildlife recreation on the Winter Farm and adjacent parcels.
These impacts are addressed through Conditions of Approval and Development Standards.
290292,
RESOLUTION, Z-518
Winter PUD
Page 3
B. Section 6.3.2 Service Provision Impacts: Due to the size of the Planned Unit Development,
Weld County Public Works Department is waiving the requirement for a Traffic Impact
Analysis. The Weld County Planning Department director has waived the paving
requirement, as defined in Section 2.1 of the Planned Unit Development Ordinance. The
proposed street will be adjacent to Weld County Road 70, which is also gravel. The Weld
County Public Works Department indicated in their referral response that six inches of Class
6 material as stated in a previous memo dated July 1, 1997, would be adequate. The street
located within the proposal will be constructed by the developer and maintained by the
Homeowner's Association. The Colorado Department of Transportation indicated in a
referral response that Highway 392 would not be significantly impacted because of access
to several county roads. The Weld County RE-4 School District commented that services
for children would be provided on county road designations. The Windsor-Severance Fire
Protection District is requiring a fire hydrant at this location.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape Plan. The
Plan is not in accordance with Section 9.3 of the Weld County Planned Unit Development
Ordinance (Ordinance 197). More information regarding landscaping is needed and will be
addressed through a Condition of Approval.
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites advantages and
limitations. The applicant scaled the development back from five, to four lots to meet the
requirements of Section 2.13 of the PUD Ordinance, so that the overall density is
approximately 2.5 acres per septic system. The site is physically separated from the main
farm and is a marginal agricultural parcel. The site is elevated above the main farm parcel
and provides for a unique residential setting.
E. Section 6.3.5 Common Open Space Usage: The application proposes 1.62 acres, which is
a common open space area and additional trails to provide a buffer and a link to each
residential tract. The total common open space is approximately 17%, which exceeds the
requirement. The applicant is proposing to establish a homeowners association in
accordance with the requirements of Section 6.3.5 of the Weld County Planned Unit
Development Ordinance(Ordinance 197).
F. Section 6.3.6 Proposed Signage: The applicant is only proposing appropriate Signage as
required by the Weld County Public Works Department.
G. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the Mixed Use
Development area.
H. 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.
The Change of Zone from A(Agricultural)to Estate 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.
990292
RESOLUTION, Z-518
Winter PUD
Page 4
2. Prior to recording the Change of Zone plat:
A. 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 name of the street, which shall not conflict with any other street within the
particular U.S. Postal area. (Dept. of Planning Services)
B. The applicant shall submit evidence to the Department of Planning Services that the
concerns of the Windsor-Severance Fire Protection District have been addressed. (Dept. of
Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services that the Windsor
School District has been contacted and any requirements have been addressed. (Dept. of
Planning Services)
D. The applicant shall submit evidence to the Department of Planning Services that the
concerns of the Colorado Division of Wildlife have been addressed. (Dept. of Planning
Services)
E. The applicant shall submit a revised landscape plan which delineates existing and proposed
plant materials (i.e. tree species), trail detail and other requirements of Section 9.3 of the
Planned Unit Development Ordinance (Ordinance 197). The landscape plan shall also
specify the Homeowner's Association's method of open space maintenance. (Dept. of
Planning Services)
F. The applicant shall submit evidence to the Dept. of Planning Services from North Weld
County Water District which indicates that: all requirements of the District are satisfied.
(Department of Planning Services)
G. 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) non-buildable
common open space 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. 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) Water service shall be provided by the North Weld County Water District. (Health
Dept.)
3) A Weld County Septic Permit is required for the proposed home septic systems and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations. (Health Dept.)
4402?2
RESOLUTION, Z-518
Winter PUD
Page 5
4) The applicant shall designate one building envelope and two septic system
envelopes on each lot. (Health Dept.)
5) The open space maintenance shall include removal of manure in a manner that will
prevent nuisance conditions and will not allow runoff. The manure piles shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors, flies,
insect pests or pollutant runoff. (Health Dept.)
6) Any Signage located on the property shall require building permits and adhere to
Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
7) 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.
8) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
9) Outdoor storage shall be screened from public rights of ways, and adjacent
properties. (Dept. of Planning Services)
10) The Right To Farm Covenant as stated in the Weld County Comprehensive Plan
shall be recognized at all times. (Dept. of Planning Services)
11) 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)
12) The use of this lot for a PUD shall be vested for three years from the date of the
recording of the Final Plat.
3. 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 70.
B. Foundations shall be engineered at each separate building site. (Weld County Building
Inspection)
9902.92
RESOLUTION, Z-518
Winter PUD
Page 6
Motion seconded by Stephan Mokray.
VOTE:
For Passage Abstained Against Passage
Cristie Nicklas Fred Walker
Arlan Marrs
Stephan Mokray
Marie Koolstra
Jack Epple
Bruce Fitzgerald
Michael Miller
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner 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 December 1, 1998.
Dated the 1st of D em er, 1998.
09_,/elicb
Wendi Inloes
Secretary
9902,92
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 1, 1998
A regular meeting of the Weld County Planning Commission was held on December 1, 1998, in the County
Commissioners' Hearing Room (Room#101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Chair, Marie Koolstra, at 1:40 p.m.
ROLL CALL
J,.
Marie Koolstra Present Jack Epple Present =_ c _
Cristie Nicklas Present n
Fred Walker Present
Bruce Fitzgerald Present
Michael Miller Present
Stephan Mokray Present to
Arlan Marrs
Present
Also Present: Scott Ballstadt, Planner II, Julie Chester, Planner, Eric Jerman, Planner, Department of
Planning; Lee Morrison, Assistant County Attorney; Sheble McConnelouge, Health Department; Don Carroll,
Public Works; Wendi Inloes, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on November 3,
1998, was approved as read.
CASE NUMBER: USR-1202 (Continued from the November 17, 1998, hearing)
APPLICANT: Scott Busker
PLANNER: Julie A. Chester
LEGAL DESCRIPTION: Part of Section 28, T2N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Service
Establishment for laL Livestock Confinement Operation (Dairy)for opment Plan and Use by Special Review Permit Agricultural
4500 head of cattle in the
Agricultural Zone District.
LOCATION: East of and adjacent to Weld County Road 17; south of Weld County Road 18.
Julie Chester, Department of Planning Services, asked that case USR-1202, be continued to the December
15, 1998, hearing, due to the applicants representative being out of town.
Stephan Mokray moved that Case USR-1202, be continued to the December 15, 1998, hearing date. Michael
Miller 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; Michael Miller, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-518 (Continued from the November 17, 1998, hearing)
APPLICANT: Robert and Janet Winter
PLANNER: Julie A. Chester
LEGAL DESCRIPTION: Lot A of Recorded Exemption
14, T6N, R67W of the 6th P.M., 9 the
Weld County, Colorado. NW4 of Section
REQUEST: Planned Unit Development Change of Zone.
LOCATION: South of and adjacent to Weld County Road 70; east of Weld County Road 21, approximately
1-1/2 miles from the Town of Severance.
z. EXHIBIT
Gi 990202
doz,4t-si
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 1, 1998
Page 2
Julie Chester, Department of Planning Services, presented Case Z-518. Preliminary comments were entered
as final. Julie stated that the Department of Planning is recommending approval of the application, along
with the Conditions of Approval. Julie than read the recommendation into the record.
Jeff Couch, representative for the applicants, was available for questions, and explained that they went with
the PUD process to dress the project up.They will have building envelopes, and a trail for open space will also
be available.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked Mr. Couch if the applicant was in agreement with the Conditions of Approval. Mr. Couch
stated they were in agreement.
Jack Epple moved that Case Z-518, be forwarded to the Board of County Commissioners along with the
Conditions of Approval along with the Planning Commissions recommendation of approval 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; Michael Miller, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, abstained. Motion carried unanimously.
CASE NUMBER: USR-1203
APPLICANT: Allen Rathe
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Lot 8, Block 12, of Arrowhead Subdivision, 4th Filing, located in Section 27,
T5N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a garage and
workshop.
LOCATION: Approximately 1/4 mile east of Weld County Road 31; approximately 1/4 mile south of Weld
County Road 54 (5617 Ute Lane).
Eric Jerman, Department of Planning, presented Case USR-1203. New comments were handed out to
replace the preliminary comments. The Department of Planning is recommending approval of the application
along with the Conditions of Approval and Development Standards. Eric than read the recommendation into
the record.
Jack Epple asked Eric why this application had come before the Planning Commission, he thought that in the
past, the Planning Department had approved some applications of this type unless there was a problem. Eric
explained that it was his understanding that these types of applications had gone before the Planning
Commission, although this application had no problems. Lee Morrison, explained that certain buildings used
for ag purposes do not go before the Board, but accessory buildings more than 1,500 sq. feet in a platted
subdivision, require a Special Use Permit, and they cannot be granted by staff, and this is why is has come
before the board.
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