HomeMy WebLinkAbout20171067.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
PU DZ 17-0001
HIGHLAND FARMS HOMEOWNERS ASSOCIATION
CHRIS GATHMAN
AMEND PUD CHANGE OF ZONE (PZ-1045) TO REPLAT TRACT D OF
HIGHLAND FARMS PUD TO CREATE ONE (1) ADDITIONAL RESIDENTIAL LOT
AND REDUCE OPEN SPACE ON TRACT D TO 8.054 ACRES.
TRACT D HIGHLAND FARMS; PART OF SECTION 5, T1 N, R68W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO STATE HIGHWAY 52 AND APPROXIMATELY
600 FEET EAST OF CR 3
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.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows:
A. Section 27-6-120.6.2.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.
I) 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.
z"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.
RESOLUTION PUDZ17-0001
HIGHLAND FARMS HOMEOWNERS ASSOCIATION
PAGE 2
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 Chapter 26
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.
RESOLUTION PUDZ17-0001
HIGHLAND FARMS HOMEOWNERS ASSOCIATION
PAGE 3
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)
RESOLUTION PUDZ17-0001
HIGHLAND FARMS HOMEOWNERS ASSOCIATION
PAGE 4
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)
RESOLUTION PUDZ17-0001
HIGHLAND FARMS HOMEOWNERS ASSOCIATION
PAGE 5
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.
RESOLUTION PUDZ17-0001
HIGHLAND FARMS HOMEOWNERS ASSOCIATION
PAGE 6
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.
RESOLUTION PUDZ17-0001
HIGHLAND FARMS HOMEOWNERS ASSOCIATION
PAGE 7
Motion seconded by Bruce Johnson.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage Absent
Cherilyn Barringer
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 Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 April 4, 2017.
Dated the 4th of April, 2017
Kristine Ranslem
Secretary
t' f c ' nt-4LS
14/1-1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 4, 2017
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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry
Cross, Tom Cope.
Absent: Cherilyn Barringer
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano,
Department of Planning Services — Engineering Division; Lauren Light, Department of Health; Evan
Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the March 21, 2017 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: PUDZ17-0001
APPLICANT: HIGHLAND FARMS HOMEOWNERS ASSOCIATION
PLANNER: CHRIS GATHMAN
REQUEST: AMEND PUD CHANGE OF ZONE (PZ-1045) TO REPLAT TRACT D OF
HIGHLAND FARMS PUD TO CREATE ONE (1) ADDITIONAL RESIDENTIAL LOT
AND REDUCE OPEN SPACE ON TRACT D TO 8.054 ACRES.
LEGAL DESCRIPTION: TRACT D HIGHLAND FARMS; PART OF SECTION 5, Ti N, R68W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 52 AND APPROXIMATELY
600 FEET EAST OF CR 3
Chris Gathman, Planning Services, presented Case PUDZ17-0001, reading the recommendation and
comments into the record. Mr. Gathman noted that a response was received from Crestone Resources
regarding the oil and gas facility located on site and added that based on the additional information provided
by the applicant their concerns have been met. Additionally, there was a letter from a surrounding property
owner submitted regarding the potential for a future stop light at the Highway 52 entrance. Mr. Gathman
said that the property owner did not object to the plan; however they would like to see a condition placed
that states "In the event stop lights are required in the future at the intersection of Highway 52 entrance, the
Homeowners Association agrees to pay for that portion of the lighting project required". Mr. Gathman stated
that after discussion with Public Works this condition cannot be placed as this is a matter between the
property owners and CDOT. The Department of Planning Services recommends approval of this
application with the attached conditions of approval.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Kirby Smith, 6201 South Hudson Court, stated that they are in agreement with the notes and conditions
stated in the staff report.
Commissioner Sparrow asked why it wasn't developed this way originally. Mr. Smith stated that the
applicant and the original developer are not the same. Tract D is owned by the Homeowners Association.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
EXHIBIT
1
I�.
Chris Crotzer, President of Highland Farms HOA and said that the Homeowners Association would like to
have more trees and some sound distance between them and the highway. He added that they would like
to develop the community a little better than the original developer did.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ17-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola,
Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry
Cross, Tom Cope.
Meeting adjourned at 1:30 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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