HomeMy WebLinkAbout981522.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County Planning
Commission, along with the changes to Conditions of Approval #C2. Be it resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: Z-512
PLANNER: Scott Ballstadt
APPLICANT: Kermit Bohrer
ADDRESS: 14761 WCR 3, Longmont, Colorado 80501 �)
REQUEST: PUD Change of Zone to create four E(Estate)zoned lots and one A(Agricultural)zoned lot
LEGAL DESCRIPTION: Part of the S1/2 NW1/4 of Section 19, T3N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: East of and adjacent to Weld County Road l& approx. '/% mile north of State Highway 66
ACRES: 36
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 fosters
economic health and continuance of agriculture." The subject property is
categorized as a mixture of prime, irrigated non-prime and other land by the USDS
Soil Conservation map.The applicant indicates that the land is marginally productive.
Due to the variety of soils, the relatively small size of the parcel and lack of water
rights on the property, only a small portion of this property is currently in production
of alfalfa. This portion of the property is proposed as an agriculturally zoned outlot.
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
will require the covenant to appear on the recorded plat.
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 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
981522
RESOLUTION, Z-512
Kermit Bohrer
Page 2
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. Domestic water and water for fire
protection shall be provided by Longs Peak Water District. Each lot for the proposed minor
subdivision shall have an Individual Sewage Disposal System (ISDS) installed per the Weld
County Health Department 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. The Weld County Public
Works Department reviewed this request and indicated that the 40-foot access and utility
easement shall be increased to 60 feet of right-of-way which would accommodate utilities,
drainage and future expansion. This issue is addressed through Condition of Approval#2C2.
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 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.
3) Section 21.5.1.3-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 10/28/97, the Weld County Building Inspection
Department is requiring engineered foundations for each structure.
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 received 6/4/98 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). Condition of approval #2A also addresses on-going maintenance and
planting schedule.
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.
gg1522
RESOLUTION, Z-512
Kermit Bohrer
Page 3
E. Section 6.3.5 Common Open Space Usage: The application proposes 5.6 acres of common
open space, or 15.5%of the site. The applicant is establishing a homeowners organization
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 not proposing any signage with this
application. Condition of approval#2D7 addresses any future proposed signage.
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 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 on-site improvements agreement which addresses open
space maintenance and landscaping in accordance with Section 6.3.3.2. The agreement
shall also address the maintenance of the 1.2 acres adjacent to Weld County Road 1
described as"outlot A" on the plat. (Dept. of Planning Services)
B. The applicant shall submit new evidence to the Dept. of Planning Services from Longs Peak
Water District which indicates that water is currently available. (Division of Water Resources)
C. 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) A 40-foot right-of-way with a 20-foot access and utility easement. (Public Works
Dept.)
3) The cul-de-sac shall provide a minimum 65-foot turnaround radius and the outside
curb or pavement edge radius must be 50 feet or more. (Public Works Dept)
4) The final plat shall delineate 40-feet reserved right-of-way from the centerline of
Weld County Road 1, and reference to previous right-of-way shall be removed from
the plat. (Dept. of Planning Services and Public Works Dept.)
5) The name of the street, which shall not conflict with any other street within the
particular U.S. Postal area. (Dept. of Planning Services)
98 )saa
RESOLUTION, Z-512
Kermit Bohrer
Page 4
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)Agriculturally 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 Agricultural uses (1 lot) which shall comply with the
Agricultural Zone District requirements as set forth in Section 31 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 Longs Peak Water District and sewage
disposal shall be from individual septic systems. (Health Dept.)
3) In the event that during construction >5 acres of the site is disturbed, the applicant
shall obtain a stormwater discharge permit from the Water Quality Control Division
of the Colorado Department of Public Health and the Environment. (Health Dept.)
4) In accordance with the application materials, individual sewage disposal systems are
required for the proposed residential lots and shall be installed according to the Weld
County Individual Sewage Disposal Regulations. (Health Dept.)
5) The proposed multiple use trail shall be maintained so that any manure piles shall
not be allowed to exist or deteriorate to a condition that facilitates excessive odors,
flies, insect pests or pollutant runoff. Trail maintenance shall include removal of
manure in a manner that will prevent nuisance conditions. (Health Dept.)
6) The site shall be developed in accordance with the recommendations contained in
the geotechnical report. (Colorado Geological Survey -June 4, 1998)
7) 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)
8) 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.
9) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
10) Outdoor storage shall be screened from public rights of ways, and adjacent
properties. (Dept. of Planning Services)
11) The Right To Farm Covenant as stated in the Weld County Comprehensive Plan
shall be recognized at all times. (Dept. of Planning Services)
12) 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
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 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 1.
Motion seconded by Arlan Marrs.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
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 June 16, 1998.
Dated the 16th of ne, 1998.
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Wendi Inloes
Secretary
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