HomeMy WebLinkAbout991886.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-524
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APPLICANT: Idaho Creek/Western Dairymen Cooperative, Inc.
ADDRESS: 12450 North Washington St. ` o �j
Thornton, CO 80241
PLANNER: Ben Patton
REQUEST: Change of Zone from Agricultural to PUD for 353 lots with Residential zone uses a.
LEGAL DESCRIPTION: Pt. Northeast 1/4 of Section 10, Township 2 North, Range 68 West of the
6th P.M., Weld County, Colorado.
LOCATION: East and West of and adjacent to WCR 7.5 &approximately 1/8 mile south of SH 119
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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. UGB. Goal 2 states, "Concentrate
urban development in or adjacent to existing municipalities or the 1-25 Mixed Use
Development area and maintain urban growth boundary areas that provide an official
designation between future urban and non-urban uses." The proposed subdivision is located
within the 1-25 MUD area.
B. Section 6.4.3.1.2 That 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. Department of Planning Services' staff has determined that the submitted
application does comply with the 20 standards described in Section 2.
C. 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 Left Hand Water District will provide public water to the site and the St.
Vrain Sanitation District will provide public sewer service.
D. 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 has been satisfied. The method of guarantee shall conform with Weld County's
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2. EXHIBIT
991886
CAE #.5.2q
RESOLUTION, Z-524
Idaho Creek
Page 2
policy regarding Collateral for Improvements. Weld County Road 7.5,delineated on the MUD
Structural Transportation Map 2.2 as a four-lane arterial with a raised median, will provide
access to the site. Improvements to the existing access will be required, and shall be
ensured through the Improvements Agreement.
E. 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. A portion of the subject site does lie within the
designated flood plain. Provision for appropriate permitting within this area has been made
through the conditions of approval.
F. Section 6.4.3.1.8 Consistency exists between the proposed zone district, USES and the
Specific or Conceptual Development Guide. The submitted Development Guide does
accurately reflect the performance standards and allowed uses described in the proposed
zone district.
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. If the
Weld County Planning Commission recommends approval of this application the following conditions shall
apply.
The Change of Zone from A(Agricultural)to PUD for 353 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 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 an expanded description of the
proposed "outdoor classroom", as specified in the sketch plan application materials. This
document shall clarify the issue of ownership and maintenance of all proposed open space.
(Dept. Of Planning Services)
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. of the PUD
Ordinance. (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 Planning Area Profile 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. (Dept. of Planning Services)
RESOLUTION, Z-524
Idaho Creek
Page 3
F. 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." (Dept. of Planning Services)
G. The applicant shall submit a copy of the approved agreement between School District RE-1J
and the applicant regarding the proposed school site. If the school district does not accept
the proposed school site for dedication the applicant shall submit evidence from the school
district that another form of exaction is acceptable. (Dept. of Planning Services)
H. The applicant shall include in the draft Improvements Agreement provision for a pedestrian
crossing mechanism from the entrance to the pedestrian lots on the east side of WCR 7.5
to the open space on the west. The proposed crossing device shall be submitted to the Weld
County Planning Department for review and approval. (Dept. of Planning Services)
The island section between the ingress and egress lanes at the accesses to the school site
shall be redesigned to allow storage lanes for left turn in and acceleration lane out. Such
redesign shall conform either to the State Highway Access Code or to the AASHTO Design
Manual. Questions regarding this redesign shall be addressed to the Weld County Public
Works Department. The approved redesign shall be delineated on the Change of Zone plat.
(Public Works)
J. The applicant shall design a low-level raised median and shall avoid heavy landscaping
adjacent to any turning lane or intersection to avoid sight distance problems for traffic
movement and pedestrian crossings. The applicant shall place, on the Change of Zone plat,
a note describing the nature and location of this amended cross section. (Public Works)
K. 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) The plat shall delineate the "outdoor classroom" as specified in the sketch plan
application materials. (Dept. of Planning Services)
2) 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)
3) The typical road cross section shall be amended to conform to Figure 2.10 of the
Mixed Use Development design standards. (Public Works)
4) 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)
5) If an agreement between the school district and the applicant cannot be obtained
regarding the proposed school site, or if the applicant chooses not to propose a
school site, the area currently identified as"Elementary School with Playground and
Park" shall be replaced with other open space amenities, as described in Sections
2.5 of the PUD Ordinance and 2.3 of the MUD Ordinance. (Dept. of Planning
Services)
6) The three crosswalks which will allow pedestrian traffic to cross WCR 7.5. The
RESOLUTION, Z-524
Idaho Creek
Page 4
applicant shall utilize the manual on Uniform Traffic Control Devices for School
Areas to properly sign and stripe the three areas. In accordance with the St. Vrain
Valley School District referral response, the Change of Zone plat shall also identify
the location of the "flashing beacons" which shall be incorporated into the traffic
control design. (Public Works)
L. The following notes shall be delineated on the Change of Zone plat
1) The PUD shall consist of 353 lots approved for Residential zone district uses and
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) Water service shall be provided by Left Hand Water District. (Health Dept.)
3) Sewage disposal service shall be provided by St. Vrain Sanitation District. (Health
Dept.)
4) 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.)
5) 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)
6) 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.)
7) 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.)
8) 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)
9) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Dept. of Planning Services)
10) All development shall adhere to the requirements of the Mountain View Fire
Protection District. (Mountain View Fire Protection District)
11) Any signage located on the property shall require building permits and adhere to
RESOLUTION, Z-524
Idaho Creek
Page 5
Section 6.3.6.3 of the Weld County PUD Ordinance when applicable. (Dept. of
Planning Services)
12) Prior to the release of any building permits, foundations shall be engineered at each
separate building site. (Weld County Building Inspection)
13) 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.
14) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (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. 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 Road Improvements agreement for off-site
improvements with Weld County which includes the future expansion of WCR 7.5. The
applicant will be responsible for future expansion to match half the four lane arterial with
raised median at the time that WCR 7.5 is expanded to a four-lane roadway, as well as any
necessary improvements to the intersection of WCR 7.5 and SH 119.
B. The Final Plan application shall include Improvements Agreements in accordance with
Sections 12 and 13 of the Weld County Subdivision Ordinance. The agreements shall
include streets, curb, gutter, sidewalk, emergency access, trail, landscaping of the common
open space and any other appropriate construction elements. The Improvements
Agreement shall further demonstrate compliance with all recommendations of the Weld
County Public Works Department, as described in a letter from the Weld County
Transportation Consultant dated April 9, 1999, and in a letter from the Weld County Public
Works Department dated, April 28, 1999.
C. The Final Plan application shall include evidence that the conditions of St. Vrain Sanitation
District have been addressed and that taps are available.
D. The Final Plan application shall include evidence that the conditions of the Left Hand
Water District have been addressed and that taps are available.
RESOLUTION, Z-524
Idaho Creek
Page 6
E. The Final Plan application shall include evidence that the conditions of St. Vrain Valley
School District RE-1J have been addressed.
F. The Final Plan application shall specify the Homeowner's Association's method of trail
maintenance.
G. The draft covenants shall include the Right to Farm covenant contained in the Weld County
Comprehensive Plan.
H. 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 recording the Final Plat:
A. The applicant shall obtain a new access permit from the office of the Colorado Department
of Transportation. Evidence of CDOT approval shall be forwarded to the Department of
Planning Services.
5. 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.
VOTE:
For Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Bryant Gimlin
The Vice-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 June 15, 1999.
ted the
15th June, 1999.
Jennifer M g
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 2
CASE NUMBER: Z-524 (Cont. from 6/1/99)
APPLICANT: Western Dairymen/Idaho Creek
PLANNER: Ben Patton
_ _ LEGAL DESCRIPTION: Part of the NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD (Residential) for 360 lots in the MUD.
LOCATION: Approximately 1/8 mile south of State Hwy 119, and approximately 1/8 mile east of WCR 7.
Ben Patton, Department of Planning Services, presented Case Z-524. Changes to the preliminary comments
have been made and the new comments are updated. Ben gave an overview of the application, and stated
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.
Scott Carlson, applicant, explained that he and his brothers have the opportunity to purchase this property
from Western Dairymen Association. Mr. Carlson said that there is approximately 100 acres included on the
site. There is a lake on the West side of the Property that they would like to preserve and a ditch on the east
side that they won't disturb. To the South there is vacant land that will likely be urbanized some time in the
future. The area that they would like to develop currently has a high water table and the depth of the sewer
line is about 6-feet. Mr. Carlson commented that after researching their options, they have decided to go with
a simple stick-built house subdivision. This subdivision is to provide single family, owner occupied housing.
He added that they have been working with the Water District for a while, and that there won't be any problem
getting a written agreement from the water district. Mr. Carlson stated that both Chris Pickett and Marvin
Dyer are present to answer any questions.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
Ginny Shaw, representative of the St. Vrain Concerned Citizens. She commented on several concerns that
they had. The MUD indicates that residential developments are to be low density. However, this application
does not represent a low density residential development. There is only one access road in and out of the
subdivision. She talked about the soil conditions and how this subdivision would be built in the Flood Plain.
Between the County and the surrounding municipalities,there will be multiple jurisdictions. Ms. Shaw stated
that they would like to see a much lower density residential area, where the land owners would be able to
obtain livestock or other types of agricultural attributes:
Cristie Nicklas asked if the applicant currently has any written tap agreements with Left Hand Water District.
Mr. Carlson, replied that a letter was submitted this morning, which confirms that they will have 150 taps.
They are still working on the language for the line extension fees and the other costs to bring the remaining
taps on site.
Cristie Nicklas asked Ben if he had received a copy of the letter that was submitted this morning. Ben
answered yes.
Fred Walker asked Mr. Carlson if the 150 unit taps were all inclusive with phase one. Mr. Carlson stated that
this is part of the condition that stated that the applicant will provide an agreement or other evidence of the
total number of taps.
Stephan Mokray asked Mr. Carlson where the remainder of the taps stand at this point Mr. Carlson explained
that the other taps include infrastructure improvements. They have a tap purchase agreement with Left Hand
Water District. This will enable them to proceed on a future scheduled date, when the water district needs to
begin their infrastructure, to meet their anticipated water demands. Mr. Carlson added that they will prepay
1. EXHIBIT
C
C_3Z - Say
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 3
the water district for a block of taps in the amount necessary to fund the infrastructure. Therefore, they are
working on the language of the tap purchase agreement with the water district.
Jack Epple asked Don Carroll, Public Works, if this application included a road maintenance agreement. Don
replied that prior to recording the final plat, the applicant will have to enter road improvement agreements for
off site, which would be Weld County Road 7.5. Don added that the applicant will also need to provide an
internal route system.
Bryant Gimlin asked what the response was from the school district in regards to the impact this subdivision
will have on them. Mr. Carlson said that his perception was that they will give the School District a school site.
They would have a joint access agreement, which would enable them to use the lake as an outdoor
classroom. The School District has conditionally agreed to accept this school site. Ben added that there are
provisions in the Conditions of Approval that if the school site cannot be accepted then it will revert to open
space for the PUD.
Fred Walker moved that Case Z-524, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray 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; Bryant Gimlin, yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1233
APPLICANT: Dennis Timmreck/Jason Andryshak
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of the SW4 of the SE4 of Section 31, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Use by Special Review Permit for a Home Business
in the A(Agricultural) Zone.
LOCATION: North of and adjacent to State Highway 52; approximately Y2 mile east of WCR 1.
Ben Patton, Department of Planning Services, presented Case USR-1233 and read the recommendation into
the record. Ben stated the Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards.
Wendy Timmreck, applicant was present and had no comments.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
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Sharon Hopper, surrounding property owner, stated that she would like to know what kind of home business
this will be. Mrs. Timmreck explained that their business is mail processing. This business consists of
addressing envelopes, inserting mail, metering mail for bank services and commercial businesses. She
added that noise is not particularly involved and no waste is generated. The most visible impact would be
driving the mail to the post office.
The Vice-Chairman asked Mrs. Timmreck if she was in agreement with the Conditions of Approval and
Development Standards. Mrs. Timmreck stated she was in agreement.
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