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Home My WebLink About20212830.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION Moved by Butch White, 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: PUDZ21-0002 DZ21-0002 APPLICANT: JOHNNY & NANCY FRITS AND ERIK & TAMMY ANGLUND PLANNER: MAXWELL NADER REQUEST: AN AMENDMENT TO PUDZ14-0001 TO ALLOW ONE (1) SECOND SINGLE- FAMILY HOME PER LOT. LEGAL DESCRIPTION LOTS 1 AND 2 OF NORTH COUNTRY PUD; BEING PART OF SECTION 7, T3N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 36; EAST OF AND ADJACENT TO CR 1. 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 27-5-30 of the Weld County Code. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as fcllows: A. Section 27-6-120.8.2. a - The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), and Chapter 24 (Subdivision) of the Weld County Code. Section 22-2-30. C. 2. of the Weld County Code states: "Establish residential development options based on compatibility, proximity to municipalities, and availability of services that reflect the desired density and character of that location." The proposed amendment is located in an existing two (2) lot Planned Unit Development (PUD). The size of the two (2) lots are roughly twenty (20) acres each, which leaves plenty of room for an additional dwelling and still keeping with the nature of the area. The proposed amendment will allow second single-family dwellings on the lots which is not out of character with the area. B Section 27-6-120.8.2. b - The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. The proposed PUD conforms with the performance standards as outlined in Chapter 27, Article II, Section 27-2-20 through Section 27-2-220 of the Weld County Code with the following exceptions: Section 27-2-40. Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for the two (2) residential lots. Section 27-2-50. states: "Development within a PUD Zone District shall be designed and constructed to include adequate, safe and convenient arrangements for pedestrian and vehicular circulation, off-street parking and loading space. Pedestrian and vehicular circulation shall relate to the circulation system external to a PUD Zone District. All streets within the PUD Zone District, whether orivate or public, shall be designed and constructed to meet the requirements of the Department of Public Works and Chapters 24 and 26 of this Code, if applicable." The applicants received approval for utilizing existing access points. This variance was requested and approved by the Department of Public Works and the Board of County Commissioners on the original PUDZ14-0001 submittal. Section 27-2-200. Uses — The applicant is requesting that a second single-family dwelling be allowed on each residential lot. C. Section 27-6-120.8.2. c - The uses which would be permitted shall be compatible with the existing RESOLUTION PUDZ21-0002 JOHNNY & NANCY FRITS AND ERIK & TAMMY ANGLUND PAGE 2 or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities The proposed amended PUD is not located within a coordinated planning area or urban growth boundary area It is located within the three (3) mile referral area of the Towns of Berthoud and Mead It is also located within the three (3) mile referral area of Boulder and Lamer County No referral responses have been received from Berthoud or Boulder County Both Mead and Lanmer County responded with no concerns D Section 27-6-120 B 2 d - The PUD Zone Distnct shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code Water is provided by the Longs Peak Water District Sewer will be provided by individual on -site wastewater treatment systems (OWTS) The application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and sewer provisions The Longs Peak Water District evaluated the request for water service to proposed second single-family dwelling A signed letter dated February 15, 2021 from Longs Peak Water District states there are not any concerns with adding additional taps for the proposed second dwellings but that they may require more raw water to be transferred to the District for treatment, or additional fees may be imposed E Section 27-6-120 B 2 e - The 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 Distnct As stated in the original PUDZ14-0001 The existing residential lots in the PUD utilize County Road 1 The original PUD determined the access points to be adequate through AP11-00401 There are no proposed access changes F Section 27-6-120 B 2 f- An off -site road improvements agreement and an on -site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable An improvements agreement was not required with the original PUDZ14-0001 or PUDF14-0008 submittal No improvements agreement will be required for the amended PUDZ or PUDF G Section 27-6-120 B 2 g - There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site The PUD is not located within a Special Flood Hazard Area, Airport Overlay, Geological Hazard Area, or MS4 Area H Section 27-6-120 6 2 h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide The submitted Specific Development Guide does reflect the performance standards and allowed uses described in the Estate zone district The E (Estate) lots shall comply with all (Estate) requirements as described previously The Department of Planning Services is recommending that this Amended Change of Zone, to include second single family dwellings RESOLUTION PUDZ21-0002 JOHNNY & NANCY FRITS AND ERIK & TAMMY ANGLUND PAGE 3 This approval recommendation is based upon compliance with Chapter 27 requirements. The amended PUD with Estate Zone District Uses plus second dwellings is conditional upon the following: 1. Prior to recording the plat: A. A preliminary traffic impact analysis shall be submitted. (Department of Public Works) submitted. (Department of Pub is Works) C.A.The plat shall be amended to include the forowing: 1. The plat shall be labeled PUDZ21-0002. (Department of Planning Services) 2. The applicant snail adhere to the plat requirements in preparation of the plat per Section 27-9-20 of the Weld County Code. (Department of Planning Services) 3. Show and label all recorded easements, ditches and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) 4. County Road 1 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5 County Road 36 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 6. Show and label the approved access locations, and the appropriate turning radii on the site plan. (Department of Public Works) 7 Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 8 Show the vehicular and non -vehicular traffic circulation, including road classification, right-of-way width, road surface width and depth, and access to public right-of-way. (Department of Public Works) 9. Show and label the drainage flow arrows. (Department of Public Works) 10 The attached Plat Notes. (Department of Planning Services) D. The Amended PUD is conditional upon the following and that each shall be placed on the Amended PUD plat as notes prior to recording: 1. The purpose of this amended Planned Unit Development Change of Zone, PUDZ21- 0002 is to allow one (1) second single-family dwelling per each lot. (Department of Planning Services) 2 The amended Planned Unit Development Change of Zone is from PUD with E (Estate) uses to PUD with E (Estate) Uses with the exception for the allowance of one (1) second single-family dwelling per lot as indicated in the application materials on file in the Department of Planning Services. The PUD will be subject to, and RESOLUTION PUDZ21-0002 JOHNNY & NANCY FRITS AND ERIK & TAMMY ANGLUND PAGE 4 governed by, the Conditions of Approval stated heron and all applicable Weld County Regulations (Department of Planning Services) 3 Water service may be obtained Longs Peak Water District (Department of Public Health and Environment) 4 The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be by On -site wastewater treatment systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system (Department of Public Health and Environment) 5 Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed (Department of Public Health and Environment) 6 Installation of utilities shall comply with the Subdivision Design Standards as listed in Chapter 24, Article III of the Weld County Code (Department of Planning Services) 7 For the preservation and/or protection of the absorption field areas, activities such as permanent landscaping, structures, dirt mounds, animal husbandry, or other activities that would interfere with the construction, maintenance, or function of the fields, should be restricted over the absorption field areas while in use (Department of Planning Services) 8 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 that are technologically feasible and economically reasonable in order to minimize dust emissions (Department of Planning Services) 9 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Department of Public Works) 10 Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way (Department of Public Works) 11 The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking (Department of Public Works) 12 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Department of Public Works) 13 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public Works) 14 All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line No occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred - fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any RESOLUTION PUDZ21-0002 JOHNNY & NANCY FRITS AND ERIK & TAMMY ANGLUND PAGE 5 plugged or abandoned oil and gas well (Department of Planning Services) 15 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) 16 Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications (Department of Planning Services) 17 Building permits shall be obtained prior to the construction of any building Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20 B 13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry (Department of Planning Services) 18 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact, County Facility Fee and Drainage Impact Fee Programs (Department of Planning Services) 19 The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII of the Weld County Code (Department of Planning Services) 20 The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works, Public Health and Environment, Planning Services and all applicable Weld County regulations (Department of Planning Services) 21 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and all applicable Weld County regulations (Department of Planning Services) 22 The site shall maintain compliance at all times with the requirements of the Weld County Government and the adopted Weld County Code and Policies (Department of Planning Services) 23 No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded (Department of Planning Services) 24 The applicant shall comply with Section 27-8-50 Weld County Code, as follows Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) 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 submission of the PUD Final Plan The Board may extend the date for the submission 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 RESOLUTION PUDZ21-0002 JOHNNY & NANCY FRITS AND ERIK & TAMMY ANGLUND PAGE 6 the original Zone District (Department of Planning Services) 25 The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code (Department of Planning Services) E The PUDZ plat shall be submitted to the Department of Planning Services' for recording within sixty (60) days of approval by the Board of County Commissioners (Department of Planning Services) F Prior to Construction 1) If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Department of Public Works) Motion seconded by Sam Gluck VOTE For Passage Against Passage Absent Tom Cope Lonnie Ford Elijah Hatch Skip Holland Sam Gluck Butch White Pamela Edens Michael Wailes Michael Palizzi 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 Commissioners for further proceedings CERTIFICATION OF COPY I, Michelle Wall, 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 September 7, 2021 Dated the 7th day of September, 2021 Michelle Wall Secretary SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 7, 2021 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Elijah Hatch, at 12:35 pm. Roll Call. Present: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi. Also Present: Chris Gathman and Maxwell Nader, Department of Planning Services; Lauren Light, Department of Health; Mike McRoberts and Melissa King, Engineering; Bob Choate, County Attorney, and Michelle Wall, Secretary. CASE NUMBER: PUDZ21-0002 APPLICANT: JOHNNY & NANCY FRITS AND ERIK & TAMMY ANGLUND PLANNER: MAXWELL NADER REQUEST: AN AMENDMENT TO PUDZ14-0001 TO ALLOW ONE (1) SECOND SINGLE- FAMILY HOME PER LOT. LEGAL DESCRIPTION LOTS 1 AND 2 OF NORTH COUNTRY PUD; BEING PART OF SECTION 7, T3N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 36; EAST OF AND ADJACENT TO CR 1. Maxwell Nader, Planning Services, presented Case PUDZ21-0002, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Commissioner Cope asked for clarification on this case. Staff explained that the applicant went through the PUD process in 2014. Mr. Nader explained because they were in the 1-25 RUA, they were not eligible to apply for a Recorded Exemption. The applicant applied for a PUD for two 20 -acre lots. Mr. Nader said because the applicants did not request second homes to be built on each lot in 2014, they are now requesting the availability of a secondary home to be built on each lot. Staff explained that this request requires the applicant to go through the PUDZ and PUDF process. Commissioner Edens asked if the applicants are aware they may have to sell both homes on one lot as one property. Staff replied they do know that. Erik Anglund, 16990 County Road 1, Longmont, Colorado. Mr. Anglund explained that both him and his father-in-law, John, want to have the opportunity to building second homes on their properties to accommodate family in the future. Commissioner Cope asked the applicants if they have any intentions of using their second home as a rental. Mr. Anglund said they do not have plans for a rental. Staff explained that Planning does not regulate who is living in the second home. Commissioner Wailes asked if this was the case for PUDs or all cases. Staff explained that who resides in the second home is not regulated in PUDs or ZPSDs. Commissioner Ford asked the applicant where the second houses will be located. The applicants pointed to the two areas on the property map on the screen. John Fritz, 16818 County Road 1, Longmont, Colorado, stated that his interest is to build an in-law house on his property. Commissioner Cope asked if they will all use the same access. Mr. Fritz replied yes. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Staff recommended removing Condition of Approval 1 A and Condition of Approval 1 B because the traffic narrative and drainage narrative have already been submitted Motion Remove Condition of Approval 1 A and Condition of Approval 1 B as recommended by staff Moved by Tom Cope, Seconded by Lonnie Ford Motion passed unanimously The Chair asked the applicant if they have read through the Amended Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case PUDZ21-0002 to the Board of County Commissioners along with the Amended Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Butch White, Seconded by Sam Gluck Vote Motion carried by unanimous roll call vote (summary Yes = 9) Yes Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland, Tom Cope The Chair asked the public if there were other items of business that they would like to discuss No one wished to speak The Chair asked the Planning Commission members if there was any new business to discuss No one wished to speak Meeting adjourned at 1 14 pm Respectfully submitted, 4nechelie, u,e—e- Michelle Wall Secretary ATTENDANCE RECORD _Sep {enqbef OZ/ NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip /1\1 p'' ' ! ; L 1 P V . la + , I yeP (2 it, kitty/1i L 7 4-, fi_ i_k E77/^-1 MA rg e w S 1,00 ! l O1 Sr R c e 7 1 N o t e "sre pt.) tl m, C4 4ttrt. &At.* c,,,s,s Q ,,,+a i t ij o X01. -.k • r td„,, 0' '4 -h /67990 ctj; Wry , ,frveracegKetsgoxibimn try titer 5 /l eng cA 1 4 d cr. 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