HomeMy WebLinkAbout990496.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 Arlan Marrs that the following resolution,with the addition of Standard#6, 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-519
PLANNER: Julie A. Chester
APPLICANT: Terry Wiedeman/David Hunt
ADDRESS: 13434 WCR 42, Platteville/14460 WCR 40, Platteville
REQUEST: PUD Change of Zone to create five E (Estate)zoned lots, one commercial lot for a garage,
with a 78.2 acre agricultural outlot and 2.82 acres of open space
LEGAL DESCRIPTION: Lot B of Recorded Exemption-2112, part of the S2 of Section 14, T4N,
R66W of the 6th P.M., Weld County, Colorado
LOCATION: Located Northwest of and adjacent to U.S. Highway 85 and East of and adjacent to WCR 33.
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 6.3.8.2 of the
Weld County PUD Ordinance 197.
2. The submitted materials are in compliance with Section 6.4.3 of the Weld County PUD Ordinance 197
as follows:
A. Section 6.4.3.1.1 - That the proposal is consistent with the Weld County Comprehensive
Plan, MUD Ordinance if applicable, any Intergovernmental Agreement in effect influencing
the PUD, and the Weld County Zoning Ordinance and Subdivision Ordinance.
1) A.Goal 1 states"Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." This proposal is keeping the most
productive part of the farm intact by setting aside a 78.2 Agricultural outlot. This
outlot will continue to be used as farmground and the residential lots will be large
enough to allow for small agricultural activities. The Estate zoning of the residential
lots allow for one animal unit per acre, so that animals may also be kept on these
properties.
2) A.Goal 2 states, "Allow commercial and industrial uses which are directly related to
or dependent upon agriculture to locate within Agricultural zoning when the impact
to surrounding properties is minimal, and where adequate services and infrastructure
is available." The lot to be zoned commercial is proposed for the new location of
Dan's Garage. Dan's Garage is currently utilized by the farming community for the
repair and service of farm implements and personal vehicles. The current location
of Dan's Garage is directly to the south of this proposal on the northeast corner of
U.S. Highway 85 and Highway 256.
3) A.Policy 3 states, "the conversion of agricultural land to residential, commercial, and
industrial development will be discouraged when the subject site is located outside
of a municipality's comprehensive plan area, urban growth boundary area or 1-25
Mixed Use Development area and urban development nodes." This proposal is
located within an urban node, adjacent to U.S. Highway 85 and State Highway 256,
adjacent to the unincorporated town of Peckham.
j_ EXHIBIT
990496
O #S/4
RESOLUTION, Z-519
Page 2
B. Section 6.4.3.1.2-The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Section 2 of this ordinance.
The proposal conforms with all the Performance Standards except Section 2.20 Water and
Sewer Provisions. This section states that all PUD's containing commercial and/or industrial
uses shall be served by a public sewer system. The application does propose public water
to be provided by Central Weld County Water District, however, each lot is proposed to be
served by an individual septic system. Septic systems would be allowed on the Estate zoned
lots, however, Section 2.20 of PUD Ordinance 197, effective on January 26, 1998, states that
all PUD's containing commercial and/or industrial uses shall be served by a public sewer
system. The Weld County Health Department has indicated that an individual septic system
on this lot would be adequate for the type of use and the size of the use proposed for the
commercial lot.
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 proposal is for five residential lots, adjacent to the
unincorporated town of Peckham and several other residences. Dan's Garage, which is
proposed for the commercial lot, is currently located on the south side of Highway 256 and
would have minimal impact on surrounding land uses. The Agricultural outlot is compatible
with other agricultural uses in the area. There currently is a migrant housing facility directly
east of and adjacent to U.S. Highway 85 and other agricultural uses. This proposal is
approximately one mile from the Town of Gilcrest and they responded in their referral
response that this proposal does not conflict with their interests.
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. As stated previously, there is an adequate water supply to this site, however,
public sewer is not available for the commercial lot.
E. Section 6.4.3.1.5-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 PUD Zone District. WCR 33 is designated on the Weld County
Transportation Plan Map as a local gravel road and is maintained by Weld County. State
Highway 256 and U.S. Highway 85 border the proposed PUD on the south and east sides.
Sections 2.17 and 2.18 of the Weld County PUD Ordinance 197 require the applicant to pave
the internal road system. The main access is proposed from WCR 33. The Colorado
Department of Transportation indicated in a referral response that right-of-way for U.S.
Highway 85 is a total of 150' (or 75' from the center line of the highway) and this should be
reserved or dedicated and delineated on the plat. An improvements agreement would be
required at the Final Plat to address the upgrading and paving of WCR 33 from Highway 256
to the entrance of the proposed PUD. The applicant should also meet with the Colorado
Department of Transportation regarding preliminary realignment of the intersections of U.S.
Highway 85 and Highway 256 and WCR 33 and Highway 256, to determine any effects to
the proposed PUD.
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 improvement agreements. 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
cig 9(6
RESOLUTION, Z-519
Page 3
has been satisfied. The method of guarantee shall conform with Weld County's policy
regarding Collateral for Improvements. The applicant has submitted an Improvements
Agreement for Private Road Maintenance and will be required to submit an Offsite
Improvements Agreement at the Final plat.
G. Section 6.4.5.1.7-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 proposed change of zone does not lie within any overlay
district identified by the maps officially adopted by Weld County. The proposal is located
within an urban development node. 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.
The onsite soils are derived from ancient alluvial sediments of the South Platte River. This
material generally provides very good building material, as indicated in the Geological
Survey. There are some areas of the property that do have some sandy portions which may
exhibit low strength and may be subject to erosion. Clayey fractions of the soil may have
expansive properties and the Colorado Geological Survey recommends that soil samples be
taken on the building envelopes to determine geotechnical properties of the soils. The Weld
County Building Inspection Department requires engineered foundations for the residential
structures and engineered blueprints are required for the foundation and structure of the
commercial structure.
H. Section 6.4.3.1.8-Consistency exists between the proposed zone district(s), uses and the
Specific or Conceptual Development Guide, as follows:
1. Section 6.3.1 Environmental Impacts: The referral response received December 10,
1998 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), except for the requirement of a public sewer system for the
commercial lot. The Weld County Health Department indicated that an individual
septic system would likely be chemically similar, and probably have less actual flow
than a typical residential home.
2. Section 6.3.2 Service Provision Impacts: School District Weld RE-1 responded in a
referral dated December 9, 1998, that the only concern was that students shall be
picked up on WCR 33 and not within the subdivision. The LaSalle Fire District did
not respond to the referral sent to them, however the applicant has indicated that
they will comply with any fire district requirements. Transportation issues have been
addressed through condition of approval 2.C, if this application is approved, as
stated previously. All other service provisions have been adequately addressed.
3. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape
Plan. The Plan is in accordance with Section 9.3 of the Weld County Planned Unit
Development Ordinance(Ordinance 197). Additional landscaping requirements for
the commercial lot would be addressed through a Site Plan Review prior to any
commercial use occurring on the commercially zoned lot.
4. Section 6.3.4 Site Design: The proposal takes into consideration the sites
advantages and limitations.
99o'I67
RESOLUTION, Z-519
Page 4
5. Section 6.3.5 Common Open Space Usage: The application proposes 2.82 acres of
common open space and an additional 78.21 acres to be used as an agricultural
outlot. This exceeds the open space requirement of the PUD Ordinance. 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).
6. Section 6.3.6 Proposed Signage: The applicant is not proposing an entry sign for the
development. Any sign for the commercial lot must meet MUD sign requirements
and requirements of the commercial zone district. This issue will be addressed
through a Site Plan Review for the commercial lot.
7. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the
Mixed Use Development area, however, any development within an urban
development node must meet all design standard requirements of the MUD.
a. Section 2.6.2,#4 This section in the MUD Ordinance states that whenever
the use of the property to be developed or redeveloped will conflict with the
use of adjoining property, there shall be an opaque planted screen between
the two properties. The screen shall moderate the impact of noise, light,
aesthetic concerns, and traffic.
b. Section 2.6.3, #5 This section in the MUD Ordinance states that loading,
service, or storage areas must be screened with an opaque screen that is
an integral part of the building architecture. Chain link fencing with slats or
pallets are not an acceptable screening material. Plant material shall be
used to soften the appearance of the screen. These requirements will be
further addressed through a Site Plan Review for the commercial lot.
8. Section 6.3.8 Intergovernmental Agreement Impacts:The proposed change of zone does not
lie within any Intergovernmental Agreement area.
This recommendation for approval is based, in part, upon review of the application materials submitted by the
applicant, other relevant information regarding the request, the 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 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 change of zone plat shall delineate 75-feet reserved right-of-way from the
centerline of U.S. Highway 85. (CDOT)
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 Agricultural outlot shall be labeled as non-buildable.
RESOLUTION, Z-519
Page 5
5) The internal road system shall be paved as required by Sections 2.17 and 2.18 of
the PUD Ordinance 197. A minimum of 50-foot paved edge to edge cul-de-sac will
be required. (Public Works)
6) The plat shall be amended to show the current existing open boxes and underground
irrigation pipeline and any other utility easements. Building envelopes shall be
delineated on the lots to prevent and avoid interference with easements and utility
lines means of ingress and egress.
B. The applicant shall submit evidence to the Department of Planning Services that the Weld
RE-1 School District has been contacted and any requirements have been addressed. (Dept.
of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services that the LaSalle
Fire District has been contacted and any requirements have been addressed. (Dept. of
Planning Services)
D. The applicant shall submit a revised landscape plan which meets the requirements of
Section 9.3 of the Planned Unit Development Ordinance (Ordinance 197) and Section 2.6
of the Mixed Used Development Plan, (Ordinance 191). The landscape plan shall also
specify the Homeowner's Association's method of open space maintenance. (Dept. of
Planning Services)
E. The applicant shall submit evidence to the Dept. of Planning Services from Central Weld
County Water District which indicates that all requirements of the District are satisfied.
(Department of Planning Services)
F. 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 and one (1) Commercial lot for
a garage, two (2) Common open space lots and one (1) Agricultural outlot. The
Change of Zone allows for Estate uses (5 lots)which shall comply with the Estate
Zone District requirements as set forth in Section 36 of the Weld County Zoning
Ordinance, Commercial uses (1 lot)which shall comply with the Commercial Zone
District requirements set forth in Section 33, and Agricultural uses(1 lot)which shall
comply with the Agricultural Zone District requirements set for in Section 31. The
Agricultural lot is a non-buildable lot. 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 commercial lot is to be utilized by Dan's Garage or a similar approved use. If
any other commercial use is proposed on this lot, a public sewer system may be
required. In the event the commercial lot changes in use or type of occupancy,
development, construction, or structurally altered or operated, the Department of
Planning Services may require a new Site Plan Review application. (Planning)
3) In accordance with the Weld County Zoning Ordinance, no land, building or structure
shall be changed in use or type of occupancy, developed, erected, constructed,
reconstructed, moved or structurally altered or operated in the commercial or
industrial zone districts until a Site Plan Review has been approved by the
Department of Planning Services. (Planning)
4) In the event a community sewer system collection line is constructed within 400' of
the PUD, the commercial lot shall abandon their septic system and obtain service
from that community sewer system. (Health Dept., Planning)
RESOLUTION, Z-519
Page 6
5) All residential homes and commercial uses shall be served by the Central Weld
County Water District. (Health Dept.)
6) An individual sewage disposal system, is required for each proposed home and the
proposed commercial structure. Each system shall be installed according to the
Weld County Individual Sewage Disposal Regulations. (Health Dept.)
7) 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.)
8) No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
9) The maximum permissible noise level shall not exceed the residential limit of 55
db(A) as measured according to 25-12-102, Colorado Revised Statutes. The
commercial lot may be allowed a higher noise level, which would be evaluated
through a Site Plan Review. (Health Dept.)
10) Any signage located on the property shall require building permits and adhere to
Section 42.2 of the Weld County Zoning Ordinance and Section 2.8 of the Mixed
Used Development Plan's Design Standards. (Dept. of Planning Services)
11) 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.
12) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
13) Outdoor storage shall be screened from public rights of ways, and adjacent
properties. (Dept. of Planning Services)
14) The Right To Farm Covenant as stated in the Weld County Comprehensive Plan
shall be recognized at all times. (Dept. of Planning Services)
15) 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)
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 33.
999
RESOLUTION, Z-519
Page 7
B. Foundations shall be engineered at each separate building site. Engineered blueprints will
be required for the commercial lot, including the foundation and structural blueprints. (Weld
County Building Inspection)
4. 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, bus stop, street light and landscaping of the common open space. Improvements
agreements are for both on-site and off-site improvements.
5. 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.
6. The applicant shall enter into an agreement for the access easement for the water line, and submit
a copy of the agreement to the Department of Planning Services prior to recording the plat.
Motion seconded by Crisite Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
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 the 19thof January, 1999.
� i/2642/1)
Wendi Inloes
Secretary
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