HomeMy WebLinkAbout982598.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. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-514
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PLANNER: Eric A. Jerman c m—'
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APPLICANT: Dale & Loretta Burman ( Big Sky Properties) m m oCO 33
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ADDRESS: 25815 Weld CountyRoad 48, Kersey, CO 80644
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REQUEST: PUD Change of Zone to create four (4) E (Estate) zoned lots and one (1) A (Agriarkuranly
zoned lot
LEGAL DESCRIPTION: Part of the E2 of the SE4 of Section 5, T4N, R64W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to Weld County Road 48&West of and adjacent to Weld County Road
53
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 application 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. This portion of the property, constituting 51.09 acres, 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
requires the covenant to appear on the recorded plat. Conditions of Approval
#2.D.14. addresses this further.
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 sat
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 'y
a minimal impact on the surrounding land uses which include similar Agricultural and es 10
residential uses. X
982598
RESOLUTION, Z-514
Burman
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 Central Weld County 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 60-foot access and utility
easement is sufficient to accommodate utilities, drainage and future expansion.
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 21.5.1.5.3 - 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 8/4/98, 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 8/14/98 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). Additional requirements of the Weld
County Health Department are addressed through the attached conditions of approval.
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 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). Conditions of approval#2A and#2B address the need for a landscape plan
as part of the Change of Zone phase as well as on-going maintenance and a 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.
982599
RESOLUTION, Z-514
Burman
Page 3
E. Section 6.3.5 Common Open Space Usage: The application proposes 3.7 acres of Open
Space, or 15.2% of the site. The applicant is establishing a homeowners association 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 potential future 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 of approval 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 an on-site improvements agreement which addresses open space
maintenance and landscaping in accordance with Section 6.3.3.2. (Dept. of Planning
Services)
B. The on-site improvements agreement which addresses transportation & landscaping will be
submitted at the Final Plan. At that particular time, the Improvements Agreement Policy
regarding Collateral for Improvements(private road maintenance)will be submitted for review
and approval. (Public Works Department)
C. The plat shall be amended to include the following:
1) The cul-de-sac shall provide a minimum of 50-foot turnaround radius. (Public
Works Department)
2) The name of the street,which shall not conflict with any other street within the particular
U.S. Postal area. (Dept. of Planning Services)
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 four Estate Zoned lots shall be buildable and the Agricultural lot shall be
buildable. (Dept. of Planning Services)
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RESOLUTION, Z-514
Burman
Page 4
2) Water service shall be provided by the Central Weld County Water District and sewage
disposal shall be from individual septic systems. (Health Dept.)
3) A Final Plat application shall not be accepted by the Department of Planning
Services until the State of Colorado Division of Water Resources has sent a
letter to the Department of Planning Services indicating that the terms of their
referral response of August 17, 1998 have been met.
4) In the event that during construction greater than five (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.)
5) 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.)
6) 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.)
7) The site shall be developed in accordance with the recommendations contained in the
geologic engineering report. (Terracon-January 14, 1998)
8) 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)
9) 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.
10) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
11) Outdoor storage shall be screened from public rights of ways, and adjacent properties.
(Dept. of Planning Services)
12) The Right To Farm Covenant, as stated in the Weld County Comprehensive Plan, shall
be recognized at all times. (Dept. of Planning Services)
13) Building Exclusion Zones around petrolium tanks shall be labled on the Final
Plat. (Coloradao Geological Survey)
14) The current Right to Farm Covenant from the Weld County Comprehensive Plan .
(Dept. of Planning Services)
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RESOLUTION, Z-514
Burman
Page 5
15) The applicant shall comply with Section 8.7 of the Weld County Planned Unit
Development Ordinance, (Ordinance 197)which reads 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)
16) The use of this lot for a PUD shall be vested for three years from the date of
the Recording of the Final Plan.
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 48.
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Arlan Marrs
Cristie Nicklas
Jack Epple
Bruce Fitzgerald
Mike Miller
Stephan Mokray
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 Commissioners 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 the 20th of October, 1998.
Dated the 20th of 0 tober 1998.
LOS.
Wendi Inloes
Secretary
9°?599
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