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HomeMy WebLinkAbout20190454.tiffPLANNER: LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE Diana Aungst Hearing Date: January 15, 2019 CASE NUMBER: PUDZ18-0003 APPLICANT: REQUEST: LEGAL: LOCATION: South of and adjacent to HWY 392 and east of and adjacent to CR 27 ACRES: +1- 59.19 acres Joe & Lori Stricklin Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for sixteen (16) residential lots with E (Estate) Zone district along with common open space. (Lonestar Estates PUD) Lot B of First Amended Recorded Exemption 1AMRECX18-16-0035 being part of the E2E2 Section 19, T6N, R66W of the 6th P.M., Weld County, CO PARCEL NO.: 0805-19-1-00-022 0805-19-1-00-021 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received referral responses with comments from the following agencies: 87 87 87 87 Greeley Number 2 Ditch, April 13, 2018 School District RE -4, referral dated September 6, 2018 Weld County Department of Public Works, referral dated October 12, 2018 Windsor -Severance Fire Protection District, referral dated September 10, 2018 Weld County Department of Public Health and Environment, referral dated September 26, 2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: City of Greeley, referral dated September 19, 2018 Town of Windsor, referral dated September 6, 2018 Town of Severance, referral dated October 19, 2018 Colorado Parks and Wildlife, referral dated September 7, 2018 Federal Aviation Administration, referral dated October 9, 2018 Weld County Sheriff's Office, referral dated September 21, 2018 Weld County Zoning Compliance, referral dated September 12, 2018 West Greeley Conservation District, referral dated September 10, 2018 Colorado Division of Water Resources, referral dated September 19, 2018 Colorado Department of Transportation, referral dated September 6, 2018 VVVVVVVVV\% The Department of Planning Services' staff has not received responses from the following agencies: North Weld County Water District PUDZ18-0003 — Lonestar Page 1 of 8 PLANNER: CASE NUMBER: APPLICANT: REQUEST: LEGAL: LOCATION: South of and adjacent to HWY 392 and East of and adjacent to CR 27 ACRES: +/- 59.19 acres Case Summary: CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION Diana Aungst Hearing Date: January 15, 2019 PUDZ18-0003 Joe & Lori Stricklin Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for sixteen (16) residential lots with E (Estate) Zone district along with common open space. (Lonestar Estates PUD) Lot B of First Amended Recorded Exemption 1AMRECX18-16-0035 being part of the E2E2 Section 19, T6N, R66W of the 6th P.M., Weld County, CO PARCEL NO.: 0805-19-1-00-022 0808-19-1-00-021 The applicant is proposing a sixteen (16) lot PUD on 59.19. Lots vary in size from 2.14 acres to 4.27 acres. The site is currently zoned A (Agricultural). This subject property is Lot B of RECX16-0035 and a portion of Lot A of RECX16-0035. The portion of Lot A is utilized for an access point. The applicant has also submitted a lot line amendment (1AMRECX18-16-0035) to incorporate the portion of Lot A into Lot B. Sierra Acres PUD is west of and across the street from the subject property and has similar lot size and zoning. The proposed Planned Unit Development is considered urban scale because it is located in the Cooperative Planning Area (CPA) for the Town of Windsor and the Town of Severance and has more than nine (9) lots. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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. 2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120.B.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), Chapter 24 (Subdivision), and Chapter 26 (Regional Urbanization Areas) of the Weld County Code. The site is located within the Coordinated Planning Agreement area for the Towns of Windsor and Severance. During the review of the Sketch Plan the Town of Windsor and the Town of Severance indicated that they have no concerns/comments per their Notice of Inquiry responses, dated May 5, 2017 and May 8, 2017 respectively. PUDZ18-0003 — Lonestar Page 2 of 8 Section 22-2-120.C - R.Goal 3. of the Weld County Code states: "Consider the compatibility with surrounding land uses, natural site features, nearby municipalities' comprehensive plans and general residential growth trends when evaluating new residential development proposals." The site is currently zoned Agricultural. This subject property is Lot B of RECX16-0035 and a portion of Lot A of RECX16-0035. The portion of Lot A is utilized for an access point. The applicant has also submitted a lot line amendment (1AMRECX18-16-0035) to incorporate the portion of Lot A into Lot B. Sierra Acres PUD is on the west boundary has similar lot size and zoning. HWY 392 borders this PUD on the north and there are two rural residential properties to the east. USR-1212 for an airstrip is south of the site. The applicant submitted the appropriate forms to the FAA and the received a Determination of no Hazard to Air Navigation response. The proposed PUD is compatible with the general residential growth trends. Section 22-3-40.B - P.Goal 2, states, "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by the North Weld County Water District and Individual Sewage Disposal Systems will handle the effluent flow. B. Section 27-6-120.B.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 of Chapter 27. Section 27-2-40. Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District with the exception to lot size. There are four (4) lots that do not meet the 2.5 -acre minimum lot size requirement. The applicant is requesting a waiver of Section 23-3-440 requiring the minimum lot size of 2.5 -acres by the Board of County Commissioners. The smallest Lot size is 2.14 acres. Because the lots are on public water Planning Staff supports this waiver. C. Section 27-6-120.B.2.c - 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 Chapter 22 of this Code or master plans of affected municipalities. The site is located within the three (3) mile referral area of the Town of Windsor, the Town of Severance, and the City of Greeley. The Town of Windsor, the Town of Severance and the City of Greeley indicated that they have no concerns in their referral comments, dated September 9, 2018, October 19, 2018, and September 19, 2018, respectively. D. Section 27-6-120.B.2.d - The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the performance standards in Article II of Chapter 27. The application has satisfied Chapter 27 of the Weld County Code regarding public water provisions. The application indicates that North Weld County Water District will provide water. A draft water service agreement from the District was included with the application as well as an email from the Weld County Attorney's office approving the proposed water source. The application has satisfied Chapter 27 of the Weld County Code regarding sewer provisions. An On -site Waste Water Treatment System (OWTS) performance report dated September 19, 2017, was completed by Soilogic. The minimum lot size of 2.1 acres coupled with an overall density of one on -site wastewater treatment system per 3.6 acres does meet current Department policy. 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 District. PUDZ18-0003 — Lonestar Page 3 of 8 There are two access points proposed on County Road 25.75 which is commonly known as County Road 27. 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 this Code, as amended, and a road improvements agreement is complete and has been submitted, if applicable. According to the Public Works Department referral dated October 12, 2018 an Improvements Agreement to address Road Maintenance and On -Site PUD Improvements, per Chapter 24, Article 9, Section 24-9-20 is required at Final Plat application. This Agreement includes on - site improvements associated with the development. Collateral is required to ensure the improvements are completed and maintained. G. Section 27-6-120.B.2.g - There has been compliance with the applicable requirements contained in Chapter 23 of this Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The proposed PUD is not located within the Airport Overlay District, a Geological Hazard Area, or a Special Flood Hazard Area. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. The Colorado Geological Survey (CGS) has reviewed the Geology Evaluation and Preliminary On -site Wastewater Treatment System submitted with the Sketch Plan and per their referrals agency comments dated April 16, 2018 they have no objection. The CGS provided comments on the construction of basements on this site. H. Section 27-6-120.B.2.h - Consistency exists between the proposed zone district(s), uses, and the specific or conceptual development guide and concerns identified in sketch plan comments provided pursuant to Section 27-4-40 of Chapter 27 have been adequately addressed. The Sketch Plan for this PUD was reviewed under case number PUDK18-0002. The proposal has been updated to create walkable connections between the open space areas. Additionally, the water and sewer provisions have been reviewed and approved by the Assistant County Attorney and the Department of Public Health and Environment. The applicant is requesting that this PUD be approved as a specific development vs. a conceptual development per Section 27-6-20 of the Weld County Code. Additionally, the applicant is requesting a waiver to lot size. There are four (4) lots that do not meet the 2.5 - acre minimum lot size requirement. The applicant is requesting a waiver of Section 23-3-440 requiring the minimum lot size of 2.5 -acres by the Board of County Commissioners. The smallest Lot size is 2.14 acres. Because the lots are on public water Planning Staff supports this waiver. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from Planned Unit Development with Agricultural Zone District Uses to Planned Unit Development with Estate Zone District Uses is conditional upon the following: 1. Prior to recording the plat: PUDZ18-0003 — Lonestar Page 4 of 8 A. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) B. The applicant shall record Amended Recorded Exemption plat for 1AMRECX18-16-0035. (Department of Planning Services) C. The applicant shall provide a statement or a surface use agreement that stipulates that the oil and gas activities on the subject property have been adequately incorporated into the design of the site OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. (Department of Planning Services) D. Provide a signed copy of the agreement with the Greeley #2 Ditch Company addressing the detention pond outfall. (Department of Public Works) E. The plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PUDZ18-0003. (Department of Planning Services) 2) The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat per Section 23-2-690 of the Weld County Code. (Department of Planning Services) 3) All recorded easements and rights -of -way shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services) 4) County Road 25.75 is a paved 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) 5) Show the future Arterial Right -of -Way for County Road 27 Section Line on the Change of Zone Plat. All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 6) Show and label the section line Right -of -Way as "CR 27 Section Line Right -Of -Way, not County maintained." (Department of Public Works) F. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: 1) Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for sixteen (16) residential lots with E (Estate) Zone district along with common open space and subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Lonestar Estates PUD) (Department of Planning Services) 2) The Bulk Standards Requirement as delineated in Section 23-3-440, for the Estate Zone District shall be adhered to with the exception of the four (4) lots that will not meet the 2.5 -acre minimum lot size requirement. (Department of Planning Services) 3) The Open Space Outlots are non -buildable for residential structures or structures providing habitable space. (Department of Planning Services) 4) The property owner shall control noxious weeds on the site. (Department of Public Works) 5) 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) PUDZ18-0003 — Lonestar Page 5 of 8 6) 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) 7) The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8) Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 9) Weld County is not responsible for the maintenance on onsite subdivision roads. (Department of Public Works) 10) Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) 11) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by septic systems 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) 12) 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) 13) During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) 14) If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice application, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 15) 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) 16) 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 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) PUDZ18-0003 — Lonestar Page 6 of 8 17) The applicant shall comply with Section 27-8-40 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 submittal of the PUD final plan. The Board of County Commissioners 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 of County Commissioners 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 may, at a public meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original zone district. (Department of Planning Services) 18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 19) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents PUDZ18-0003 — Lonestar Page 7 of 8 must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. G. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within 3 years of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. PUDZ18-0003 — Lonestar Page 8 of 8 December 03, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 Olson Aaron 444 Mountain Avenue Berthoud, CO 80513 Subject: PUDZ18-0003 - Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for sixteen (16) residential lots with E (Estate) Zone District Uses and with 9.99 acres of open space. (Lonestar Estates PUD) On parcel(s) of land described as: PART E2E2 SECTION 19, T6N, R66W LOT B REC EXEMPT RECX16-0035 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 15, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 6, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, Outk_g29,CLUAkej, Diana Aungst Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 September 06, 2018 Olson Aaron 444 Mountain Avenue Berthoud, CO 80513 Subject: PUDZ18-0003 - Change of Zone from A (Agricultural) PUD (Planned Unit Development) for sixteen (16) residential lots with E (Estate) Zone district and with 9.99 acres of open space. (Lonestar Estates PUD) On parcel(s) of land described as: PART E2E2 SECTION 19, T6N, R66W LOT B REC EXEMPT RECX16-0035 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Greeley at Phone Number 970-350-9780 Severance at Phone Number 970-686-1218 Windsor at Phone Number 970-674-2400 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Diana Aungst Planner FIELD CHECK Inspection Date: 12/21/18 CASE NUMBER: APPLICANT: REQUEST: LEGAL: LOCATION: ACRES: PUDZ18-0003 Joe & Lori Stricklin Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for sixteen (16) residential lots with E (Estate) Zone district along with common open space. (Lonestar Estates PUD) Lot B of First Amended Recorded Exemption 1AMRECX18-16-0035 being part of the E2E2 Section 19, T6N, R66W of the 6th P.M., Weld County, CO South of and adjacent to HWY 392 and East of and adjacent to CR 27 +/- 59.19 acres PARCEL NO.: 0805-19-1-00-022 0805-19-1-00-021 Zoning Land Use N A (Agricultural) N Agriculture/Rural Residential E A (Agricultural) E Agriculture/Rural Residential S A (Agricultural) S Agriculture/Rural Residential W PUD — Sierra Acres PUD W PUD/E - Rural Residential COMMENTS: The site is vacant land. There appears to be an agricultural access of off CR 27. i�/144- . Diana Aungst, Planner Hello