HomeMy WebLinkAbout992072.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, with the recommendation that the applicant consider
reducing the size of the building envelopes and moving the building envelopes further away from fur Avenue,
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-527
APPLICANT: Tom Russell (Peaks at Mountain View)
ADDRESS: 557 Rider Ridge Drive, Longmont, CO 80501
PLANNER: Eric Jerman
REQUEST: PUD Change of Zone to create five E (Estate) zoned lots.
LEGAL DESCRIPTION: Lot B of RE-2150, Being Part of SE4, Section 5, Township 1 North, Range
68 West of the 6th P.M., Weld County, Colorado.
LOCATION: Approx. 1/4 mile North of WCR 12 and approx. 1/4 mile West of WCR 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 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:
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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 prime farmground by the USDS Soil Conservation map. The small
size and the shape of the site makes it difficult to farm.
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. Carmacar Ranchettes to the east has similar
sized Lots.
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 Left Hand Water District. Each lot for the proposed minor
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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 60-foot right-of-way shall
have further delineation of 12-foot driving lanes with four-foot shoulders. This issue is
addressed through Condition of Approval#3.A.3.
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 5/28/99, the Weld County Building Inspection
Department is requiring engineered foundations for each structure. A soils report will
need to be included with blueprints when building permits are applied for with the
Weld County Building Inspection Department. This issue is addressed through
Condition of Approval#4.B
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 6/16/99 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 not submitted a Landscape Plan in
accordance with Section 9.3 of the Weld County Planned Unit Development Ordinance
(Ordinance 197). Condition of approval#3.A.5 addresses this requirement as well as an 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.
E. Section 6.3.5 Common Open Space Usage: The application proposes 6.4 acres of common
open space, or 16%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).
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F. Section 6.3.6 Proposed Signage: The applicant is proposing an entry sign to be indicated on
the Final Plan. Additional signage will include: a stop sign, two street signs and two 25-mph
speed limit signs will be erected. Small residential address signs will be allowed as well as
standard real estate sales signs or placards. Condition of approval# 3.B.5 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 Change of Zone from A(Agricultural) to Estate Five 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.
2. A. Prior to recording the Final Plan plat:
(1) The applicant shall provide evidence to the Department of Planning Services
of an approved storm water drainage study from the Weld County Public Works
Department. (Public Works)
(2) The applicant shall provide evidence to the Department of Planning Services
that all the requirements of the Mountain View Fire Protection District have
been met, as outlined in a referral response letter, dated June 9, 1999.
3. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) The applicant shall submit new evidence to the Department of Planning Services
from Left Hand Water District that indicates water is currently available. (Dept. of
Planning Services)
2) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Dept. of Planning Services)
3) The typical road cross section shall be changed to indicate 12-foot driving lanes with
four-foot shoulders on the Final Plat. (Public Works)
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) A Landscape Plan and maintenance schedule shall be submitted to the Department
of Planning Services and approved by the Department of Planning Services. The
Landscape Plan shall adhere to the requirements of 6.3.3 of the Weld County PUD
Ordinance. The Landscape Plan shall address adequate buffering and screening
from surrounding Agricultural uses.
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6) Evidence shall be submitted to the Department of Planning Services that the
requirements of the St. Vain Valley School District have been met, as outlined in a
referral response letter, dated June 7, 1999.
7) The plat shall be amended to indicate a 65' Right-of-Way radius for the cul-
de-sac of Peak Lane.
8) The plat shall be amended to indicate that the building envelope for Lot#1 has been
moved to the center of the Lot, away from the property line.
9) The plat shall be amended to indicate that the Center Line for Peak Lane
shall be moved approximately 100' to the south.
B. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of five(5) Estate zoned Lots. 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. Each of the five lots shall
be buildable. (Dept. of Planning Services)
2) Water service shall be provided by the Left Hand Water District. (Health Department)
3) A Weld County Septic Permit is required for each proposed home septic system and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations. (Health Department)
4) The site shall be developed in accordance with the recommendations contained in
the geotechnical report. (Colorado Geological Survey - September 8, 1998)
5) 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)
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) 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 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
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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)
4. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a stop sign at the appropriate location
adjacent to Fir Avenue.
B. A soils report shall be supplied to Weld County Building Inspections with blueprints
when applying for building permits.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Stephan Mokray
Fred Walker
Cristie Nicklas
Arlan Marrs
Jack Epple
Bruce Fitzgerald
Michael Miller
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, 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 July 20, 1999.
Dated the 20th of July, 1999.
/ Ir ri
Jennifer ring •
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 20, 1999
Page 2
Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-527
APPLICANT: Tom Russell (Peaks at Mountain View)
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Lot B of RE-2150; Part of the SE4 of Section 5, T1N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from Agricultural to PUD (Estate).
LOCATION: Approximately 1/4 mile north of Weld County Road 12; approximately 1/4 mile west of Weld
County Road 5.
Eric Jerman, Department of Planning Services, presented Case Z-527. The Department of Planning Services
is recommending approval of the application along with the Conditions of Approval. Eric then read the
recommendation into the record.
Lin Leeburg, representative of the applicant, stated that upon meeting the surrounding property owner's
representative, the applicant would be willing to move this subdivision 125 feet south of the alignment shown
on the plat. He added that there is actually 17.9% open space, rather than the 16% shown in the application.
Stephan Mokray asked if the issue on the surrounding property owner's water pressure had been discussed
with Left Hand Water District. Mr. Leeburg replied that he couldn't comment either way as to the water
problems that may exist in Carmacar Ranchettes.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
Chester Seahuan, surrounding property owner, stated that he had several concerns regarding this
development. A water test was conducted and their water pressure is very much affected by this subdivision.
The building envelopes are fairly extensive and would like them to be reduced in size. He would like the
building envelopes to be moved further to the west to increase the buffer zone. Carmacar Ranchettes are
visual affected by this development. Mr. Seahaun added that he would like it in writing, that modular
manufactured and mobile homes, be specifically excluded from being placed in this development. He
concluded that they would like to Home Owner's Association to consider allowing surrounding property owners
to use the trail that will be built around the development. Mr. Seahaun asked that surrounding property
owner's be notified when there is a continuance with a case.
Cristie Nicklas asked if Carmacar had a walk space around their subdivision. Mr. Seahaun stated that all they
have is the streets themselves.
Michael Miller stated that the letter from Left Hand Water District stated that five residential taps can be served
from an eight inch line extension from fur Avenue at the applicants expense.
Eric Jerman added that the applicant does not yet have water assurances from Left Hand Water District. The
Planning Department in Development Standard 3A.1 is asking for proof of water from Left Hand Water District
before approving the Plat. He also stated that the proposal is for Estate zoning which does not allow mobile
homes; however, it does not exclude manufactured housing with a pitch roof and a foundation.
Jack Epple asked how many buildable square feet each lot was allowed. Eric replied that 1200 square feet
is the minimum lot size in the Estate Zone District.
Chuck Ballard, surrounding property owner, stated that his main concerns were the increase of dust from the
EXHIBIT
Cc) *5.21
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 20, 1999
Page 3
dirt roads and the quality of homes to be built.
Cristie Nicklas asked if the streets in Carmacar Ranchettes are maintained by Weld County. Don Carroll,
Public Works, answered that the streets in Carmacar Ranchettes are maintained by Weld County.
Mr. Leeburg stated that an Interior Roads Improvement Agreement along with a Landscape Improvements
Agreement would be completed as part of the Final Plan. He said that they can reduce the building envelopes
size and move them up to 125 feet south. The applicants are requiring high quality development and would
be willing to consider excluding modular, manufactured and mobile homes. Mr. Leeburg added that because
this is a low density development, there shouldn't be a great increase of dust.
The Vice-Chairman asked Mr. Leeburg if he was in agreement with the Conditions of Approval. Mr. Leeburg
stated he was in agreement but would like to correction of the amount of open space and that they would be
willing to move the development to the south 125 feet.
Arlan Marrs moved that Case Z-527, be forwarded to the Board of County Commissioners along with the
Conditions of Approval, recommending that the applicant consider reducing the size of the building envelopes
and moving the building envelopes further away from fur Avenue, with the Planning Commissions
recommendation of approval. Cristie Nicklas seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-526
APPLICANT: Greeley/Weld County Airport
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of Sections 1, 2, and 3, T5N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from Agricultural to PUD (Airport).
LOCATION: North of and adjacent to Weld County Road 43; bisected by Weld County Road 62
(extended).
Ben Patton, Department of Planning Services, presented Case Z-526. Changes to the preliminary comments
have been made and new comments are final. Ben gave an overview of the application and stated that the
Department of Planning Services is recommending approval of the application, along with the Conditions of
Approval. Ben then read the recommendation into the record.
Mike Reisman, applicant, stated that he would like it recognized that the airport is under different
circumstances in comparison to other cases. He added that the airport has a unique relationship with both
Weld County and the City of Greeley.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Adam Bunah, Francis Energy, explained that they have oil wells on the airport property, and wanted to make
sure that their rights as an oil company will be maintained with this proposal. He also stated that they are
willing to work with the airport and are not opposed to this proposal.
Mr. Reisman commented that the area that the oil wells are on are not changing in this proposal.
The Vice-Chairman asked Mr. Reisman if he was in agreement with the Conditions of Approval. Mr. Reisman
stated he was in agreement.
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