HomeMy WebLinkAbout991338.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker 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-522
APPLICANT: Lighthouse Cove/Don LaFaver
ADDRESS: 2185 Pine Drop
Golden, Colorado 80401 -
PLANNER: Scott Ballstadt ?� '' NO -. p
j tV 0
REQUEST: Change of Zone from Agricultural to PUD for ten (10) lots with Residential zon"e usa
LEGAL DESCRIPTION: Lot B of RE-2330, being part of the N1/2 NE1/4 of Section 16, T2N� R68VW/-c
of the 6th P.M., Weld County, Colorado. cri
LOCATION: West of and adjacent to WCR 7 &approximately 1/4 mile north of WCR 20.5
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) UGB.Goal 2 states, "Concentrate urban development in or adjacent to existing
municipalities or the I-25 Mixed Use Development area..." This application proposes
urban-scale development as defined by Section 2.18 of the Weld County PUD
Ordinance and is located within the Mixed Use Development area. The intent of this
goal is to encourage urban scale development to occur where urban scale
infrastructure is available.
2) R.Policy 3 states, "Weld County should encourage a compact form of urban
development by directing residential growth to urban growth boundary areas and to
those areas where urban services are already available before committing alternate
areas to residential use." Urban services are proposed as the lots will be served by
Left Hand Water District and St. Vrain Sanitation District.
3) MUD.Policy 6.4 states, "The clustering concept of residential units should be
encouraged to reduce development and maintenance costs, preserve natural
features, and maximize open space." Site limitations due to the lake require the
applicant to cluster the residential lots on a small portion of the site. The proposal
far exceeds the required 30% open space at approximately 80%.
4) The subject site is included within the Limiting Site Factor designation on Structural
Land Use Map 2.1 of the Mixed Use Development (MUD) and Comprehensive
Plans. Upon review of the sketch plan application, the Department of Planning
Services determined that the application exceeds the MUD common open spac
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RESOLUTION, Z-522
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e requirement of 30%for Limiting Site Factors per Table 2.2 of the MUD Plan. According to
the estimated lot size, and allowing for approximately 2 acres for road right-of-way, the
proposal includes approximately 80%open space largely due to the lake. Additionally, Table
2.1 includes low density residential as a use in the Limiting Site Factors category.
B. Section 6.4.3.1.2 - That the USES which would be allowed on the subject property will
conform to the Performance Standards outlined in Section 2 of this Ordinance. Adherence
to Section 2.6 of PUD Ordinance#197 is addressed through attached conditions of approval.
Additionally, Section 2.3 states that Bulk Requirements (minimum setback, offset, lot size,
height of buildings and lot coverage) in the PUD zone district may be varied from the
requirements of a specific zone district. The applicants have not indicated any deviation from
the R-1 (Low Density Residential)district Bulk Requirements for the proposed development
and will comply with the R-1 zone district regulations.
C. 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 Town of Firestone and the City of Longmont both
submitted referral responses which indicated no conflicts exist and they have no comment.
Referrals were also sent to the Town of Frederick and Boulder County at the Sketch Plan
phase, as well as Change of Zone, however, neither entity responded.
D. 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. The application does propose an adequate water supply and sewage
disposal. The application materials include a Subdivision/Multiple Tap Service Agreement
with Left Hand Water District, however, the agreement was not fully executed. Attached
conditions of approval require evidence that the requirements of the District have been
addressed. Additionally, a letter from the Division of Water Resources received March 8,
1999 states, "Pursuant to Section 30-28-136(1)(h)(II) C.R.S., the State Engineer's Office
offers the opinion that the proposed water supply will not cause material injury to existing
water rights, and with Left Hand Water District serving the proposal, the supply is expected
to be adequate."
The application materials also include a conditional commitment letter from St. Vrain
Sanitation District dated January 11, 1999. Attached conditions of approval require evidence
that the requirements of the District have been addressed.
E. 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. The Weld County Public Works
Department has reviewed the proposal and referral comments indicate that the proposed
typical road cross section, right-of-way and cul-de-sac dimensions is not adequate. The
attached conditions of approval require the plat to be amended to reflect Figure 2.10 of the
Mixed Use Development Design Standards
F. Section 6.4.3.1.6 - 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 road improvements. 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
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RESOLUTION, Z-522
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satisfied. The method of guarantee shall conform with Weld County's policy regarding
Collateral for Improvements. The Weld County Public Works Department and Department
of Planning Services require an improvements agreement in accordance with Sections 12
and 13 of the Weld County Subdivision Ordinance.
G. Section 6.4.3.1.7 - 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 subject site is located within the Flood Hazard
Overlay District. Conditions of approval ensure that the applicant will address all
requirements of the Flood Hazard Overlay District as specified in Sections 26 and 53 of the
Weld County Zoning Ordinance. Western Paving Construction Company previously
extracted the mineral deposit under USR-551. A condition of approval requires the applicant
to vacate USR-551. The Colorado Geological Survey indicated no conflict in the referral
response received February 23, 1999, and the Longmont Soil Conservation District indicated
one concern which is addressed in conditions of approval. At the time of these comments,
the Colorado Division of Wildlife had not yet submitted a referral response. The applicant
should be aware that the Division will have the opportunity to comment on future applications
and may require the property to be evaluated and studied for Preble's Meadow Jumping
Mouse and other threatened or endangered species' habitat.
H. Section 6.4.3.1.8 - Consistency exists between the proposed zone district(s), USES, the
Specific or Conceptual Development Guide. The proposal will be consistent with the R-1
zone district as the application does not propose to deviate from the bulk requirements.
Conditions of approval ensure compliance with the Specific Development Guide.
This recommendation for approval 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 for ten (10) lots with Residential zone uses 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 new evidence to the Dept. of Planning Services from Left Hand
Water District which indicates that an agreement has been reached and that water is
currently available. (Dept. of Planning Services)
B. In accordance with Section 9.3.2.5, the applicant shall submit a description of the proposed
park("community beach and boat dock for the common use of all residents" as specified in
the sketch plan application materials), type of proposed grasses(if applicable), plant species
and any structures located in the park (i.e. boat dock, etc.).
C. The landscape map shall be amended to provide a typical cross section which delineates the
dimensions and type of trail material in accordance with Section 9.3.2.5. (Dept. of Planning
Services)
D. The applicant shall submit evidence to the Department of Planning Services verifying that the
American Medical Response of Colorado has the capability and willingness to adequately
serve the proposed development. (Dept. of Planning Services)
E. The applicant shall submit a letter to the Department of Planning Services requesting
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RESOLUTION, Z-522
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vacation of USR-551 for Western Paving Construction Company. The Department of
Planning Services will present such letter to the Board of County Commissioners to consider
such vacation.
F. The applicant shall submit a Planning Area Profile as requested in the sketch plan comments
and in accordance with MUD.Policy 6.22. The profile should contain public facilities and
services data, socioeconomic data, natural environmental resources, and visual and cultural
resources. The purpose of this information would be to provide the user the existing
conditions, opportunities, and constraints within the 1-25 Mixed Use Development area.
G. The applicant shall contact the Weld County Long Range Planner to investigate potential for
connection of the recreational trail to planned regional trails in the area in accordance with
MUD.TGoal 2 which states, "Promote a pedestrian trail system to service transportation and
recreation purposes within the MUD area."
H. 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) A dedication of an additional 20 feet for a total of 50 feet of right-of-way from the
center or section line of WCR 7 for future expansion of WCR 7. (Public Works)
2) The plat shall delineate the "community beach and boat dock for the common use
of all residents" as specified in the sketch plan application materials. (Dept. of
Planning Services)
3) The plat shall delineate right-of-way, parking, curb, gutter and sidewalks on the
interior road as specified in the Weld County Public Works' referral dated February
16, 1999. (Public Works)
4) The typical road cross section shall be amended to conform to Figure 2.10 of the
Mixed Use Development design standards. (Public Works)
5) The name of the street, which shall not conflict with any other street within the
particular U.S. Postal area. Evidence of Postal Service approval shall be submitted
to the Department of Planning Services. (Dept. of Planning Services)
The following notes shall be delineated on the Change of Zone plat:
1) The PUD shall consist of ten(10)lots approved for Residential zone district uses and
non-buildable common open space. The Change of Zone allows for Residential
uses which shall comply with the Residential Zone District requirements as set forth
in Section 32 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) The area labeled "Area of Future Residential Development" shall be limited to the
specific area as delineated on the plat. This area shall require separate PUD Sketch
Plan and Final Plan applications to develop. The applications on this area shall
adhere to the regulations and development standards in place at the time of
application. Proposed development of this area shall be consistent with the eight lots
of similar density as proposed in sketch plan S-470 as those proposed desities were
the basis for the Department of Planning Services' consideration in determining
appropriate level of development in the Limiting Site Factors area. Designation of
such future development area does not create a vested right in those lots.
RESOLUTION, Z-522
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Page 5
3) Water service shall be provided by Left Hand Water District. (Health Dept.)
4) Sewage disposal service shall be provided by St. Vrain Sanitation District. (Health
Dept.)
5) In the event that five (5) or more acres are disturbed during the construction of the
site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment.
Silt fences shall be maintained on the downgradient portion of the site during all parts
of the construction phase of the project. (Health Dept.)
6) 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. (Health Dept.)
7) In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than five (5) acres of land must incorporate all
available and practical methods which are technologically feasible and economically
reasonable in order to minimize dust emissions. (Health Dept.)
8) If land development creates more than a 25 acre contiguous disturbance, or exceeds
six(6) months in duration, 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. (Health Dept.)
9) The site shall adhere to and maintain compliance with the Flood Hazard Overlay
District requirements as specified in Sections 26 and 53 of the Weld County Zoning
Ordinance. (Dept. of Planning Services)
10) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Dept. of Planning Services)
11) All development shall adhere to the requirements of the Mountain View Fire
Protection District. (Mountain View Fire Protection District)
12) Any signage located on the property shall require building permits and adhere to
Section 6.3.6.3 of the Weld County PUD Ordinance when applicable. (Dept. of
Planning Services)
13) Prior to the release of any building permits, foundations shall be engineered at each
separate building site. (Weld County Building Inspection)
14) 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.
15) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. 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
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
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RESOLUTION, Z-522
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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. 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 draft Road Improvements agreement for off-site
improvements with Weld County which includes the future expansion of WCR 7. The
applicant will be responsible for future expansion to match half the arterial/four lane with
painted median at the time that WCR 7 is expanded to a four-lane roadway.
B. The Final Plan application shall include evidence that the conditions of St. Vrain Sanitation
District have been addressed and that taps are available.
C. The Final Plan application shall include evidence that the conditions of St. Vrain Valley
School District RE-1J have been addressed.
D. The Final Plan application shall specify the Homeowner's Association's method of trail
maintenance. (Dept. of Planning Services)
E. The draft covenants shall include the Right to Farm covenant contained in the Weld County
Comprehensive Plan.
F. The Final Plan application shall include a draft on-site improvements agreement in
accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance. The
improvements agreement shall include streets, curb, gutter, sidewalk, emergency access,
trail, landscaping of the common open space and any other appropriate construction
elements. (Dept. of Planning Services)
G. The draft covenants and homeowner's association shall address open space maintenance
and landscaping in accordance with Section 6.3.3.2.
4. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and stop signs, as required by Weld
County Public Works, at the appropriate location adjacent to Weld County Road 7. (Weld
County Public Works)
Motion seconded by Stephan Mokray.
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RESOLUTION, Z-522
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VOTE:
For Passage
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
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's for further proceedings.
CERTIFICATION OF COPY
I, Jennifer Mehring, 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 April 6, 1999.
Dated the 6 of April, 1999.
ti
Jennifer Mehring
Secretary
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