HomeMy WebLinkAbout20170776.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: PUDZ16-0005
APPLICANT: WAYNE HOWARD & SHARYN FRAZER
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE (3)
RESIDENTIAL LOTS WTH ESTATE ZONE DISTRICT USES.
LEGAL DESCRIPTION: LOT B AMD REC EXEMPT AMRE-3702; PART SE4SW4 SECTION 30, T5N, R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 52.25 AND APPROXIMATELY 0.3 MILES
EAST OF CR 13.
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.
The site is located within the Coordinated Planning Agreement area for the Towns of Windsor and
Milliken. Neither the Town of Wndsor nor the Town of Milliken responded with any referral agency
comments.
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 applicant is proposing a three (3) lot PUD with Estate zone uses. Lots vary in size from 2.95
acres to 9.3 acres. The proposed Planned Unit Development is considered nonurban scale because
there are only three (3) lots proposed. The application materials include a waiver request for the
internal roadway based on the location of the wetlands and the location and size of the lots.
Section 22-3-40.8 - 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 Little Thompson 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.
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 exception:
Section 27-2-20. -Access standards states that all PUD developments will be served by an internally
paved road system according to County standards.
There are three (3) approved accesses into the site two off of CR 52.25 and one off of CR 52. The
access to Lot 1 (existing residence) is proposed to be off of CR 52.25 and the access to Lots 2 and 3
are proposed to be a shared access off of CR 52.25 about 530 feet east of the access to Lot 1.
RESOLTUION PUDZ16-0005
WAYNE HOWARD & SHARYN FRAZER
PAGE 2
The applicant is requesting a waiver from the Board of County Commissioners (BoCC) from Section
27-2-20 - Access standards, Section 24-7-20.A.1. — Street Plan, and Section 24-7-20.A.6. -
Driveways, of the Weld County Code. The subdivision is proposed to be developed with no internal
roads and therefore the driveways would connect directly to CR 52.25 instead of an internal road. The
application materials state that the proposed development has a natural wetland that separates Lot 3
from Lots 1 and 2. The applicant has received approval from the Army Corps of Engineers to cross
the wetland on the east side of the development. The east side is the shortest distance to cross
wetland and will minimized the impacts to the wetland. The access to Lot 3 will need to be
constructed along the eastern property line due to the location of the wetland and the approved
crossing. It is proposed that Lots 2 and 3 will have a shared access so as not to add any additional
access points on CR 52.25.
If the BoCC approves this waiver request as stated above then no internal subdivision road system
will be required, however, if the BoCC does not approve this waiver request Engineering recommends
the following be added as a Condition of Approval:
Prior to recording the Change of Zone plat, submittal of a vehicular circulation system design will be
required, including: cross sections, pavement study information, type of surface, parking/loading areas
(if applicable), access to public rights of way, curb gutter, and sidewalk (if applicable), layout of
roadway, vehicular speeds, traffic signage, plan and profile (horizontal and vertical curvature). Also,
indicate the proposed owner responsible for the roads.
If the BoCC does not approve this waiver request, the Final Plan portion of the PUD process may
have additional requirements pertaining to the roads.
Section 27-2-40. - Bulk requirements — The applicant has chosen to adhere to the bulk requirements
of the E (Estate) Zone District.
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.
This PUD Change of Zone is located within the 3 -mile referral areas of Larimer County, the Towns of
Windsor, Milliken, and Johnstown, and the City of Greeley. The proposed PUD is also located within
the Intergovernmental Agreement areas for the Towns of Windsor and Milliken. No referral responses
have been received from the Towns of Windsor or Milliken, the City of Greeley or Larimer County. The
Town of Johnstown's referral comments dated January 6, 2017 stated no concerns.
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 Weld County Environmental Health Department in their referral dated January 18, 2017 stated
that the Little Thompson Water District will provide water and septic systems will provide sewer. The
minimum lot size of 2.5+ acres coupled with an overall density of one septic system per 6 acres meets
the current Department policy.
In an email dated October 12, 2016, the Assistant Weld County Attorney has approved the water
source of Little Thompson Water District. The application has satisfied Chapter 27 of the Weld County
Code in regard to water service.
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.
The existing residence (Lot 1) has a septic system that was permitted in 2004 (SP -0400279). The
septic permit indicates a percolation rate of 18 and no limiting layers within 8 feet of surface grade.
Based upon the previous percolation rate, standard septic systems should be acceptable.
RESOLTUION PUDZ16-0005
WAYNE HOWARD & SHARYN FRAZER
PAGE 3
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.
As stated above under item B. There are three (3) approved accesses into the site two off of CR
52.25 and one off of CR 52. The access to Lot 1 (existing residence) is proposed to be off of CR
52.25 and the access to Lots 2 and 3 are proposed to be a shared access off of CR 52.25 about 530
feet east of the access to Lot 1.
The applicant is requesting a waiver from the Board of County Commissioners (BoCC) from Section
27-2-20 - Access standards, Section 24-7-20.A.1. - Street Plan, and Section 24-7-20.A.6. -
Driveways, of the Weld County Code. The subdivision is proposed to be developed with no internal
roads and therefore the driveways would connect directly to CR 52.25 instead of an internal road. The
application materials state that the proposed development has a natural wetland that separates Lot 3
from Lots 1 and 2. The applicant has received approval from the Army Corps of Engineers to cross
the wetland on the east side of the development. The east side is the shortest distance to cross
wetland and will minimized the impacts to the wetland. The access to Lot 3 will need to be
constructed along the eastern property line due to the location of the wetland and the approved
crossing. It is proposed that Lots 2 and 3 will have a shared access so as not to add any additional
access points on CR 52.25.
If the BoCC approves this waiver request as stated above then no internal subdivision road system
will be required, however, if the BoCC does not approve this waiver request Engineering recommends
the following be added as a Condition of Approval:
Prior to recording the Change of Zone plat, submittal of a vehicular circulation system design will be
required, including: cross sections, pavement study information, type of surface, parking/loading areas
(if applicable), access to public rights of way, curb gutter, and sidewalk (if applicable), layout of
roadway, vehicular speeds, traffic signage, plan and profile (horizontal and vertical curvature). Also,
indicate the proposed owner responsible for the roads.
If the BoCC does not approve this waiver request, the Final Plan portion of the PUD process may
have additional requirements pertaining to the roads.
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.
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.
According to the application materials the applicant owns the mineral rights on the property. There is
an oil and gas lease between the property owners and Kerr-McGee Oil & Gas Onshore LP dated
December 16, 2015.
RESOLTUION PUDZ16-0005
WAYNE HOWARD & SHARYN FRAZER
PAGE 4
The Colorado Geological Survey has reviewed the Preliminary Geotechnical Report submitted with
the Sketch Plan (PUDK16-0003) and stated comments concerning the stream setback on Lots 2 and
3, and the shallow groundwater on Lot 1. The report concludes by stating that lot -specific geotechnical
investigations, consisting of drilling, sampling, lab testing and analysis, will be needed once building
locations have been identified on proposed Lots 2 and 3, at the building permit phase of development,
to: characterize soil and bedrock engineering properties such as density, strength, swell/consolidation
potential and bearing capacity; determine depths to groundwater and bedrock; determine subgrade
preparation and structural fill requirements; and design individual foundations, floor systems, and
subsurface drainage. Proper grading and surface drainage are critical to reducing potential sources of
infiltration into soils surrounding foundations and pavements and reducing the risks of poor foundation
performance and structural damage due to fluctuating water content.
The proposed PUD is not located within the Airport Overlay District, a Geological Hazard Area, or a
Special Flood Hazard Area.
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 PUDK16-0003. 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. Prior to recording the Change of Zone plat, submittal of a vehicular circulation system design will
be required, including: cross sections, pavement study information, type of surface,
parking/loading areas (if applicable), access to public rights of way, curb gutter, and sidewalk (if
applicable), layout of roadway, vehicular speeds, traffic signage, plan and profile (horizontal and
vertical curvature). Also, indicate the proposed owner responsible for the roads. (Department of
Planning Services -Engineer)
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. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDZ16-0005. (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)
RESOLTUION PUDZ16-0005
WAYNE HOWARD & SHARYN FRAZER
PAGE 5
4) The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
5) County Road 52.25 is a gravel road and is designated on the Weld County Road
Classification Plan 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 accesses (AP16-00452) and the appropriate turning radii on the
site plan. (Department of Public Works)
E. 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 Planned Unit Development with Estate
Zone District Uses for three (3) residential lots. (Department of Planning Services)
2) The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
3) The property owner shall control noxious weeds on the site. (Department of Public Works)
4) 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)
5) There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized. (Department of Public Works)
6) Water service may be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
7) 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)
8) 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)
9) 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)
10) 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)
11) 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)
RESOLTUION PUDZ16-0005
WAYNE HOWARD & SHARYN FRAZER
PAGE 6
12) 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)
13) 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)
14) 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
RESOLTUION PUDZ16-0005
WAYNE HOWARD & SHARYN FRAZER
PAGE 7
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, sandburs, 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.
F. 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.
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage
Bruce Johnson
Bruce Sparrow
Cherilyn Barringer
Joyce Smock
Michael Wailes
Terry Cross
Torn Cope
Absent
Jordan Jemiola
Gene Stille
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 March 7, 2017.
Dated the 7th of March, 2017
Kristine Ranslem
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 7, 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, Cherilyn Barringer, Gene Stille, Joyce Smock, Michael Wailes,
Terry Cross, Tom Cope.
Absent: Jordan Jemiola.
Also Present: Chris Gathman, Diana Aungst, and Michael Hall Department of Planning Services; Hayley
Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell,
Department of Health; Janet Lundquist and Evan Pinkham, Public Works; Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
Motion: Approve the February 21, 2017 Weld County Planning Commission minutes, Moved by Terry
Cross, Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER: PUDZ16-0005
APPLICANT: WAYNE HOWARD & SHARYN FRAZER
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE (3)
RESIDENTIAL LOTS WITH ESTATE ZONE DISTRICT USES.
LEGAL DESCRIPTION: LOT B AMD REC EXEMPT AMRE-3702; PART SE4SW4 SECTION 30, T5N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 52.25 AND APPROXIMATELY 0.3 MILES
EAST OF CR 13.
Diana Aungst, Planning Services, presented Case PUDZ16-0005, reading the recommendation and
comments into the record. 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. Ms. Balzano stated that the
applicant is requesting a waiver from the Board of County Commissioners for Section 27-2-20, 24-7-20.A.1
and 24-7-20.A.6. 27-2-20 states that all PUD developments will be served by an internal paved road
system. Additionally Section 24-7-20.A.1 states specifically that streets should be extended to the
boundaries of each building site and Section 24-7-20.A.6 address driveways and states specifically that all
driveways shall be off of the internal subdivision road system. Ms. Balzano stated that if the waiver is
approved, then Condition of Approval B may be removed.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Wayne Howard, 6450 CR 52.25, Johnstown, Colorado, stated that he currently lives in the existing
residence on site. He said that the wetlands on the property provides a natural separation of the property.
Mr. Howard explained the reason for the proposed access points and circulation of the development.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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.
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Motion: Forward Case PUDZ16-0005 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes,
Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Joyce Smock, Michael Wailes, Terry Cross, Tom
Cope.
Absent: Gene Stille.
Meeting adjourned at 1:40 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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