HomeMy WebLinkAbout990566.tiff RECEIVED
02/04/99
BOARD OF COUNTY
COMMISSIONERS
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker that the following resolution, with the addition of Condition of Approval #4D5, 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-520
PLANNER: Scott Ballstadt
APPLICANT: Jim Scott/Moriah Estates
ADDRESS: Shiloh Inc.
35325 Cornerstone Way
Windsor, Colorado 80550
REQUEST: PUD Change of Zone for 24 Estate zoned lots on 64.88 acres
LEGAL DESCRIPTION: Part of the SW1/4 of Section 4, T6N, R67W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to WCR 72 & approximately 1/4 mile east of State Hwy 257
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.
A. 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
satisfied. The method of guarantee shall conform with Weld County's policy regarding
Collateral for Improvements. The Weld County Public Works preliminary indication and
sketch plan comments indicate that the proposed typical road cross section, right-of-way and
cul-de-sac dimensions are adequate. Also, an improvements agreement is required in
compliance with Sections 12 and 13 of the Weld County Subdivision Ordinance.
B. Section 6.4.3.1.8 - Consistency exists between the proposed zone district(s), USES, the
Specific or Conceptual Development Guide. In accordance with Section 2.3 of the Weld
County PUD Ordinance#197, the application materials propose Estate zoning, while varying
from the minimum lot size in the Estate zone district. Section 36.3.1 of the Weld County
Zoning Ordinance establishes 2.5 acres as the minimum lot size in the Estate zone district,
while the applicant proposes lots sizes ranging from 1.00 to 1.22 acres.
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 Planning Commission's recommendation of approval is conditional upon the following:
EXHIBIT
990566 CO f 0
RESOLUTION, Z-520
Page 2
1. In accordance with Section 6.1 of the Weld County Planned Unit Development Ordinance(Ordinance
197), information provided by the applicant in the Development Guide has been used to evaluate
compliance of the proposal with the Comprehensive Plan and other applicable Ordinances. The
Department of Planning Services has reviewed and determined that the application is not in
compliance with the Comprehensive Plan and other applicable Ordinances and therefore requires
additional review of the Final Plan by the Board of County Commissioners at a public hearing.
2. 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.
3. The PUD Final Plan application shall adhere to all regulations and requirements as outlined in PUD
Ordinance#197.
4. Prior to recording the Change of Zone plat:
A. The applicant shall submit evidence to the Department of Planning Services from the
Colorado Division of Water Resources that all requirements of the Division are satisfied.
(Department of Planning Services)
B. The applicant shall submit evidence to the Department of Planning Services from North Weld
County Water District which indicates that all requirements of the District are satisfied.
(Department of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services from the
Windsor Reservoir and Canal Company and the Challgren Lateral Company which indicates
that all requirements of the ditches are satisfied. (Department of Planning Services)
D. The Change of Zone plat shall meet all requirements of Section 9.2 of the PUD Ordinance
#197 and shall delineate the following information:
1) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Dept. of Planning Services)
2) The landscape map shall be amended to delineate the proposed trail and provide
trail detail and other requirements of Section 9.3 of the Planned Unit Development
Ordinance (Ordinance 197). The Final Plan shall also specify the Homeowner's
Association's method of trail maintenance. (Dept. of Planning Services)
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 plat shall delineate an acceleration lane/bus stop pull-off area at the entrance
to the development on WCR 72. (Dept. of Planning Services)
5) Both primary leach fields and the secondary leach field for each individual lot shall
be protected by easement. Such easement shall be delineated on the plat as well
as being included in the subdivision covenants. (Dept. of Planning Services)
E. The following notes shall be delineated on the Change of Zone plat:
1) The PUD shall consist of twenty-four (24) Estate zoned lots and non-buildable
common open space. The Change of Zone allows for Estate uses 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.)
W 06(e7
RESOLUTION, Z-520
Page 3
3) A Weld County Septic Permit is required for each proposed septic system and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Health Dept.)
4) The site shall be developed in accordance with the recommendations contained in
the Geologic and Mineral Evaluation prepared by Foundation and Soils Engineering,
March 1998. (Dept. of Planning Services)
5) Any signage located on the property shall require building permits and adhere to
Section 6.3.6.3 of the Weld County PUD Ordinance. (Dept. of Planning Services)
6) 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.
7) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
8) Outdoor storage shall be screened from public rights of ways, and adjacent
properties. (Dept. of Planning Services)
9) 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)
5. The applicant shall submit a Storm Water Drainage Plan including calculations, signature and stamp
and in accordance with Section 6.3.2.2.1.7 of the Weld County PUD Ordinance#197 to the Weld
County Public Works Department. Evidence of Public Works' approval shall be submitted to the
Department of Planning Services. (Weld County Public Works)
6. 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 72. (Weld County Public Works)
B. Foundations shall be engineered at each separate building site. (Weld County Building
Inspection)
C. As indicated in the application materials and development guide, the east branch of the
Challgren Lateral ditch shall be enclosed in pipe and relocated as shown in the preliminary
overall utility plan (approximately 200 feet to the east of its present location. Evidence of
such enclosure shall be submitted to the Department of Planning Services.
990s
RESOLUTION, Z-520
Page 4
7. The Final Plan application shall include a draft improvements agreement in accordance with Sections
12 and 13 of the Weld County Subdivision Ordinance. The improvements agreement shall include
streets, acceleration lane/bus stop lane, street light and landscaping of the common open space.
8. The Final Plan application shall include draft covenants which address the prohibition of development,
landscaping, etc. on the designated septic system leach fields and use of the common open area for
potential leach fields in accordance with the Weld County Health Department referral. The covenants
shall also address maximum dwelling size and lot coverage as this is not addressed by Section 4.3
of the covenants submitted in the application materials. The covenants shall also include the Right
to Farm covenant contained in the Weld County Comprehensive Plan.
9. The Final Plan application shall address all concerns of the Windsor-Severance Fire Protection
District. (Dept. of Planning Services)
10. Approval of this Change of Zone may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended. (Dept. of Planning Services)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Arlan Marrs Cristie Nicklas
Fred Walker Jack Epple
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
The Vice-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 January 19, 1999.
Dated 19th o nua , 1999.
(Thal
Wendi Inloes
Secretary
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