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HomeMy WebLinkAbout20171068.tiffLAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE PLANNER: Chris Gathman Hearing Date: April 4, 2017 CASE NUMBER: PUDZ17-0001 APPLICANT: Highland Farms Homeowners Assoc. do Kirby Smith — Kirby Smith & Associates, Inc. SITUS ADDRESS: 1244 Highland Place, Erie, CO 80516 REQUEST: Amended PUD Change of Zone application to replat Tract D of Highland Farms PUD (PZ-1045) to create one (1) additional residential lot and reduce open space on Tract D to 8.054 acres. This case is being processed in conjunction with case # PUDF17-0001. LEGAL: Tract D Highland Farms PUD: being part of the NW4 of Section 5, T1N, R68W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to State Highway 52 and approximately 600 feet east of County Road 3. ACRES: +/- 10.82 acres PARCEL NO.: 1467-05-2-01-013 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received referral responses with comments from the following agencies: Weld County Department of Public Works, referral dated February 24, 2017 Y Weld County Department of Planning Services — Engineer, referral dated February 22, 2017 Y Weld County Department of Public Health and Environment, referral dated January 31, 2017 Y Crestone Peak Resources, referral dated February 7, 2017 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Y Weld County Code Compliance, referral dated January 27, 2017 ▪ Town of Erie, referral dated January 30, 2017 ▪ Weld County Zoning Compliance, referral dated January 3, 2017 The Department of Planning Services' staff has not received responses from the following agencies: V V V V V V V V Weld County Department of Building Inspection Weld County Sheriff's Office Colorado Department of Transportation Colorado Parks and Wildlife Town of Frederick Town of Dacono Boulder County Mountain View Fire District School District RE -1J Left Hand Water District Lower Boulder Ditch Boulder Valley Conservation District PLANNER: CASE NUMBER: APPLICANT: CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION Chris Gathman Hearing Date: April 4, 2017 PUDZ17-0001 Highland Farms Homeowners Assoc. c/o Kirby Smith — Kirby Smith & Associates, Inc. SITUS ADDRESS: 1244 Highland Place, Erie, CO 80516 REQUEST: LEGAL: Amended PUD Change of Zone application to replat Tract D of Highland Farms PUD (PZ-1045) to create one (1) additional residential lot and reduce open space on Tract D to 8.054 acres. This case is being processed in conjunction with case # PUDF17-0001. Tract D Highland Farms PUD; being part of the NW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to State Highway 52 and approximately 600 feet east of County Road 3. ACRES: Case Summary: +/- 10.82 acres PARCEL NO.: 1467-05-2-01-013 The applicant is requesting to divide Tract D of Highland farms into one (1) residential lot and the remainder of the parcel will remain as open space under Tract D. There is an existing oil and gas wellhead/tank battery within the boundaries of Tract D. The proposed residential lot is proposed to access onto an existing paved access (Highland Way). 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. 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 proposed amendment is located in an existing 9 -lot Planned Unit Development (PUD). This site is located adjacent to a residential subdivision (Highview Ranch) to the south. The proposed amendment will create one additional residential lot compatible/similar to existing residential lots in the area. Section 22-2-120.A R. Goal 1. of the Weld County Code states: "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district." The proposed residential lot will be served by public water (Left Hand Water District) and a septic system. 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. 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. 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 that eight (8) of the existing lots are less than the minimum lot size of 2.5 acres. The proposed residential lot (Lot 10) meets the 2.5 acre size requirement. Section 27-2-190. - Urban scale development - Urban scale developments are developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. The development has an existing paved internal road system that provides access to the existing lots in the PUD along with proposed Lot 10. Section 27 -6 -80.B.7 -All urban scale development PUDs containing a residential element shall provide for a fifteen -percent common open space allocation, unless otherwise stated in of this Code. The applicant meets the common open space requirement of 15%. Open space comprises over 40% of the PUD. This total excludes Tracts A and B (future County Road 52 right-of- way) as open space. 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 PUD is located within the 3 -mile referral areas of Dacono, Erie and Frederick. It is not located within a cooperative planning agreement area (IGA). The Town of Dacono and the Town of Erie, in their referral responses dated January 30, 2017, indicated no conflicts with their interests. No referral response has been received from the Town of Frederick. 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. Water will be provided by the Left Hand Water District (which also serves the other existing lots in the PUD). Sewer will be provided by individual on -site wastewater treatment systems (OWTS). The application has satisfied Chapter 27 of the Weld County Code in regard to sewer service. 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. The proposed residential lots and the other existing lots in the PUD utilize an existing paved accesses. 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. No Improvements and Road Maintenance Agreement is required with this PUD. The PUD accesses onto a state highway (Highway 52). 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. There is an existing surface use agreement with Encana. Crestone Peak Resources has acquired Encana oil and gas assets in this area. Crestone Peak requested setback dimensions from the existing oil and gas well on Tract D. The applicant has provided this information to Crestone Peak Resources and Crestone Peak indicated that they have no issues per their e- mail response dated March 7, 2017. 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 submitted Specific Development Guide accurately reflects the consistency with the performance standards and allowed uses described in the proposed zone district. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services is in agreement with this request. 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: 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 plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PUDZ17-0001. (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 shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services) 4) Show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) C. 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) The Change of Zone from Agricultural Zone District to the PUD (Planned Unit Development) Zone District is for ten (10) lots with Estate Zone District Uses, except the lots sizes will be an average of 2.16 acres in size and two horses will be allowed per lot, and three (3) non-residential open space tracts, as indicated with in the application materials on file in the Department of Planning Services an subject and governed by the conditions of approval stated hereon and all applicable Weld County regulations. (Department of Planning Services) 2) The open space tracts are non -buildable for residential structures or structures providing habitable space. (Department of Planning Services) 3) No more than two (2) horses are permitted per lot. (Department of Planning Services) 4) The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 5) Weld County is not responsible for the maintenance of offsite drainage related features. (Department of Planning Services -Engineer) 6) The property owner shall control noxious weeds on the site. (Department of Public Works) 7) The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 8) There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 9) Water service may be obtained from Left Hand Water District. (Department of Public Health and Environment) 10) 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) 11) 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) 12) 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) 13) A Homeowner's Association shall be established prior to the sale of any lot, membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) 14) Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less than 3.5 feet in height at maturity. (Department of Public Works) 15) All signs including entrance signs including entrance signs shall require building permits. Signs shall adhere to Section 23-4-80 of the Weld County Code. (Department of Planning Services) 16) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) 17) Building permits shall be obtained prior to the construction of any building or structure. Building permits are also required for signs and structures such as bus shelters if provided. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 18) 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) 19) 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) 20) 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) 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 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 22) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 23) Internal road improvements have been completed for Highland Farms PUD. No additional internal road improvements are required under this amended PUD. (Department of Planning Services) 24) 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) 25) 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. 25) WELD COUNTY'S RIGHT TO FARM: 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 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. D. Prior to Construction: 1) If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services -Engineer) E. 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. March 02, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 SMITH KIRBY 6201 S HUDSON CT CENTENNIAL, CO 80121 Subject: PUDZ17-0001 - Amend PUD Change of Zone to replat Tract D of Highland Farms PUD (PZ-1045) to create one (1) additional residential lot and reduce open space on Tract D to 8.054 acres. This case is being processed in conjunction with case # PUDF17-0001. On parcel(s) of land described as: TRACT D HIGHLAND FARMS; PART OF SECTION 5, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 4, 2017, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on April 26, 2017 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, . /M4, Chris Gathman Planner 1 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 January 27, 2017 SMITH KIRBY 6201 S HUDSON CT CENTENNIAL, CO 80121 Subject: PUDZ17-0001 - Amend PUD Change of Zone to replat Tract D of Highland Farms PUD (PZ-1045) to create one (1) additional residential lot and reduce open space on Tract D to 8.054 acres. This case is being processed in conjunction with case # PUDF17-0001. On parcel(s) of land described as: TRACT D HIGHLAND FARMS; PART OF SECTION 5, Ti N, R68W 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: Erie at Phone Number 303-926-2700 Frederick at Phone Number 720-382-5500 Dacono at Phone Number 303-833-2317 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, Chris Gathman Planner From: Chris Gathman To: Bob Choate Subject: Water Letter for proposed amended PUD (adding 1 additional residential lot) Date: Wednesday, January 04, 2017 6:59:00 PM Attachments: 06 -Left -Hand -Water -WC Referral -HIGHLAND HOA-11-30-16.odf Dear Bob, I received this water letter for an amended PUD. They are creating one (1) additional lot in an existing 9 -lot PUD. The letter looks a bit thin — I am assuming we need a more substantial ability to serve letter. My only question is are the water letter requirements the same in this instance in that this is a PUD with existing water service (serving 9 lots) vs. a new PUD that does not have any water. Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue tel: 970-400-3537 fax: 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. FIELD CHECK inspection dates: 3/17/2017 APPLICANT: Highland Farms Homeowners Assoc. c/o Kirby Smith — Kirby Smith & Associates, Inc. CASE #: PUDZ17-0001 REQUEST: Amended PUD Change of Zone application to replat Tract D of Highland Farms PUD (PZ- 1045) to create one (1) additional residential lot and reduce open space on Tract D to 8.054 acres. This case is being processed in conjunction with case # PUDF17-0001. LEGAL: Tract D Highland Farms PUD; being part of the NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to State Highway 52 and approximately 600 feet east of County Road 3. PARCEL ID #s: 1467-05-2-01-013 ACRES: +/- 10.82 acres Zoning Land Use N A N Cropland E A E Single-family residences S A S Existing PUD (Highview Ranch) W A W Residences on rural lots COMMENTS: Existing PUD with paved internal road. Oil and Gas production facility is located on Tract A. Chris Gathman - Planner III Hello