Loading...
HomeMy WebLinkAbout20161972.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Benjamin Hansford. 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 PUDZ16-0001 GANDER VALLEY FARMS LTD DIANA AUNGST A PLANNED UNIT DEVELOPMENT CHANGE OF ZONE REQUEST TO REZONE LOT 5 GANDER VALLEY PUD FROM PLANNED UNIT DEVELOPMENT WITH AGRICULTURAL ZONE DISTRICT USES TO PLANNED UNIT DEVELOPMENT WITH ESTATE ZONE DISTRICT USES ALONG WITH 6 09 ACRES OF OPEN SPACE LOT 5 GANDER VALLEY PUD PART OF SECTION 4 T6N. R67W OF THE 6TH P M WELD COUNTY COLORADO NORTH OF AND ADJACENT TO CR 72 AND WEST OF AND ADJACENT TO CR 19 be recommended favorably to the Board of County Commissioners for the following reasons: 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, 22. 23. 24 and 26 of this Code. 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 10 lot PUD on 40 46 acres with 6 09 acres of open space Lots vary in size from 2.67 acres to 3 52 acres The site is currently zoned PUD with agricultural uses. This subject property is Lot 5 of Gander Valley PUD (approved in 1997) the adjacent land has similar uses including rural residential lots and agricultural land 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 this Chapter The proposed PUD conforms with the performance standards as outlined in Chapter 27. Article II. Sections 20-210. Section 27-2-20 - Access standards. All PUD developments will be served by an internally paved road system according to County standards. There is an approved access point onto County Road 72. The application materials indicate the internal road system will be paved. Section 27-2-30. - Buffering and screening. Uses, buildings or structures within and adjacent to a PUD Zone District shall be adequately buffered and screened to make their appearance and operation harmonious with the surrounding uses. And Section 27-2-35. - Buffer zone or area. A buffer zone is an area used as a protection zone between two (2) land uses of different intensity and compatibility. A buffer zone or buffer area is also referred to as a transition zone. The application materials propose 10 residential lots and 6.09 acres of open space. The adjacent lands are large lot rural residential parcels. The development of this residential subdivision is consistent with the adjacent land uses. No buffering is required ow/ - 63 RESOLUTION PUDZ16-0001 GANDER VALLEY FARMS LTD PAGE 2 Section 27-2-40. - Bulk requirements. The normal bulk requirements for minimum setback, minimum offset, minimum lot size, minimum lot area per structure, maximum height of buildings and lot coverage may be varied as specified in a PUD final plan. The application materials propose 10 residential lots with Estate Zone District uses. The application is proposing that the development be consistent with the bulk requirements of the Estate Zone District. Section 27-2-60. - Common open space. Common open space is defined as any usable parcel of land or water unimproved and set aside, dedicated, designated or reserved for public or private use or for the use and enjoyment of owners or occupants of land adjoining or neighboring such area. Common open space includes landscape areas that are not occupied by buildings or uses such as storage or service areas, private courtyards, parking lots and islands. In all PUD districts, except for those containing residential uses, common open space may include landscape setbacks adjacent to roadways, where the setbacks are not utilized as parking or storage areas. The amount and type of common open space provided in a PUD Zone District shall be proportional to the intensity of the zone districts called for in the PUD or uses specified in the application, unless specifically delineated in Chapter 26. Common open space shall be designed to be useful to the occupants and/or residents of the PUD Zone District for recreational and scenic purposes. Common open space in the PUD Zone District shall be owned and maintained in perpetuity by an organization established specifically for such ownership and maintenance purposes. The application materials propose 6.09 acres of Common open space for development uses. Section 27-2-70. - Compatibility. The density, design and location of land uses within and adjoining a PUD shall be designed to be compatible with other uses within and adjoining the PUD. Compatible uses shall be determined by evaluating the general uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character, common open space, screening, health, safety and welfare of the PUD in relation to surrounding uses. The proposed residential subdivision creates lots that vary in size from 2.67 acres to 3.52 acres. This lot size is consistent with the existing 4 lots of the Gander Valley PUD adjacent to the north (approved in 1997) and Shiloh Estates PUD adjacent to the west (approved in 1994). 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. Urban scale development requires support services such as central water, sewer systems, road networks, park and recreation facilities and programs, and storm drainage. This definition does not affect or apply to those coordinated planning agreements between the County and municipalities which are in effect as of May 14, 2001. The application materials propose 10 residential lots with Estate Zone District uses. The application materials indicate that the internal road system will be paved. Section 27-2-200. - Uses. Uses within a PUD Zone District shall be described by filings, phases, blocks and lots within a PUD. This description shall give a clear indication of the type of use to take place and a description of the type of buildings and structures to be associated with those uses. This description shall be in adequate detail to determine density, common open space, major vehicle and pedestrian circulation, water and sewer facilities, the buffering or screening of the use and the time frame for construction of the use. All commercial and industrial lots in a PUD shall undergo a site plan review process, as defined in Chapter 23, Article II, Division 3 of this Code. RESOLUTION PUDZ16-0001 GANDER VALLEY FARMS LTD PAGE 3 The 10 lot PUD is residential uses only and this residential use is consistent with the existing 4 lots of the Gander Valley PUD adjacent to the north (approved in 1997) and Shiloh Estates PUD adjacent to the west (approved in 1994) 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 Town of Windsor, and the Town of Severance. The proposed PUD is also located within the Intergovernmental Agreement areas for the Towns of Windsor and Severance No referral responses have been received from the Town of Windsor or Larimer County. The Town of Severance's referral comments dated April 18, 2016 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 this Chapter. Septic systems will provide sewer for the lots and the average lot size of 3.2 acres coupled with an overall density of one septic system per 4 acres meets current Department of Public Health and Environment policy. Individual taps from North Weld County Water District will provide water. The application has satisfied Chapter 27 of the Weld County Code in regard to water service. The Assistant Weld County Attorney has approved the water source from North Weld County Water District. The application has satisfied Chapter 27 of the Weld County Code in regard to sewer service. Sewer will be provided by individual on -site wastewater treatment systems (OWTS). A preliminary subsurface exploration report from Earth Engineering Consultants. LLC, dated September 25. 2015, was submitted with the sketch plan_ Soil and percolation testing completed by Earth Engineering Consultants. LLC indicate that the site is suitable for the construction of OVVTS. The average percolation rate was below 20 mpi According to the report. areas of expansive clays and shallow bedrock likely exist on the parcel A thorough geotechnical investigation should be conducted at each proposed building site to identify if these conditions exist. 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. There is an approved access point onto County Road 72. 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. Prior to recording the Final Plat, the applicant needs to enter into an Improvements and Road Maintenance Agreement for the onsite and offsite work to be done The Improvements will include triggers for onsite and offsite roadway upgrades and auxiliary lanes Collateral needs to be submitted to and accepted by the Weld County Board of County Commissioners prior to recording of the plat. 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 Colorado Geological Survey has reviewed the Preliminary Geotechnical Report submitted with the Sketch Plan and indicated that a site -specific geotechnical investigation will be required to address concerns. The geotechnical investigation will consist of drilling. sampling, lab testing, and analysis include, but are not necessarily limited to: 1) the presence of swelling soils and expansive claystone bedrock. 2) collapsible soils, and 3) shallow groundwater. RESOLUTION PUDZ16-0001 GANDER VALLEY FARMS LTD PAGE 4 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 this Chapter have been adequately addressed. The Sketch Plan for this PUD was reviewed under case number PUDK15-0003. The proposal has been updated to include 15% of usable open space and the water and sewer provisions have been reviewed and approved by the Assistant County Attorney and the Department of Public Health and Environment. 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 PUDZ16-0001. (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) The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area and shall include the calculated volume. (Department of Planning Services - Engineer) 5) County Road 72 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 6) County Road 19 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way This road is maintained by Weld County (Department of Public Works) 7) Show and label the approved access point (AP15-00590) on the plat. (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_ RESOLUTION PUDZ16-0001 GANDER VALLEY FARMS LTD PAGE 5 1) The Change of Zone from Planned Unit Development with Agricultural Zone District Uses to Planned Unit Development with Estate Zone District Uses for five (10) residential lots and 6.09 acres of open space. (Department of Planning Services) 2) The Open Space Lots are non -buildable for residential structures or structures providing habitable space. (Department of Planning Services) 3) The historical flow patterns and runoff amounts on the site will be maintained (Department of Planning Services - Engineer) 4) Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 5) The property owner shall control noxious weeds on the site (Department of Public Works) 6) 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) 7) There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized. (Department of Public Works) 8) Water service may be obtained from North Weld County Water District. (Department of Public Health and Environment) 9) 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) 10) Language for the preservation and/or protection of the absorption field shall be placed on the plat. The note shall state Activity or use on the surface of the ground over any part of the OVVTS 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) 11) 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) 12) 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) 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 (Department of Planning Services) 14) All signs, including entrance signs. shall require building permits Signs shall adhere to the approved sign plan. (Department of Planning Services) 15) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) RESOLUTION PUDZ16-0001 GANDER VALLEY FARMS LTD PAGE 6 16) 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) 17) 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) 18) The applicant shall comply with Section 27-8-50 Weld County Code. as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may. at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) 19) 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 RESOLUTION PUDZ16-0001 GANDER VALLEY FARMS LTD PAGE 7 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. 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. 2. At the time of Final Plan submission: A. Easements shall be shown in accordance with County standards and/or Utility Board recommendations. and dimensioned on the final plat. Easements shall follow rear and side lot lines and shall have minimum total width of twenty (20) feet apportioned equally on abutting properties. Where front line easements are required, a minimum of fifteen (15) feet shall be allocated as a utility easement. (Department of Planning Services) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Planning Services — Engineer) Motion seconded by Nick Berryman. VOTE: For Passage Benjamin Hansford Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Nick Berryman Terry Cross Against Passage Absent Michael Wailes Gene Stifle 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. RESOLUTION PUDZ16-0001 GANDER VALLEY FARMS LTD PAGE 8 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 June 21. 2016 Dated the 2151 of June, 2016 Digitally signed by Kristine Ranslem Date: 2016.06.24 15:03:17 -06'00' Kristine Ranslem Secretary C, MttNvie-S SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. June 21. 2016 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, Jordan Jemiola, at 12:47 pm Roll Call. Present: Benjamin Hansford. Bruce Johnson. Bruce Sparrow. Jordan Jemiola, Joyce Smock. Nick Berryman. Terry Cross_ Absent: Michael Wailes, Gene Stifle. Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services. Hayley Brown. Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell. Department of Health, Janet Lundquist, Public Works: Bob Choate. County Attorney. and Kris Ranslem. Secretary. Motion: Approve the June 7, 2016 Weld County Planning Commission minutes, Moved by Benjamin Hansford. Seconded by Joyce Smock. Motion passed unanimously CASE NUMBER APPLICANT PLANNER. REQUEST LEGAL DESCRIPTION LOCATION PUDZ16-0001 GANDER VALLEY FARMS LTD DIANA AUNGST A PLANNED UNIT DEVELOPMENT CHANGE OF ZONE REQUEST TO REZONE LOT 5 GANDER VALLEY PUD FROM PLANNED UNIT DEVELOPMENT WITH AGRICULTURAL ZONE DISTRICT USES TO PLANNED UNIT DEVELOPMENT WITH ESTATE ZONE DISTRICT USES ALONG WITH 6.09 ACRES OF OPEN SPACE. LOT 5 GANDER VALLEY PUD: PART OF SECTION 4. T6N, R67W OF THE 6TH P M WELD COUNTY COLORADO NORTH OF AND ADJACENT TO CR 72 AND WEST OF AND ADJACENT TO CR 19 Diana Aungst, Planning Services, presented Case PUDZ16-0001reading the recommendation and comments into the record. Ms Aungst noted that one (1) letter of support for this request was received. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Janet Lundquist. Public Works. reported on the existing traffic and access to the site. Hayley Brown. 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. Jeff Couch. 3468 Shallow Pond Drive. Ft. Collins. Colorado. stated that he represents the applicants He said that the applicants originally developed the Gander Valley property with five lots almost 20 years ago. He added that Lot 5 was a 40 acre lot with plans to develop it in the future when it is marketable. Therefore this request would allow for development of single-family residential lots. He added that these are higher end single-family residential structures on 3.18 acres with 2.6 acres as the smallest size. Commissioner Hansford asked why they have designed such a large sign. Mr. Couch said it will be kept at 8 feet high to comply with code and 15 foot wide. He added that they wanted to do something a little unique to accentuate the entrance This also allows a circle drive for the busses to come in and circle around. Commissioner Johnson asked if there will be two accesses or if it will be tapered to one access. Ms Lundquist said it will have one (1) access point that splits off outside of the right-of-way. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 1 EXHIBIT 1 " I .- otei 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 PUDZ16-0001 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval. Moved by Benjamin Hansford. Seconded by Nick Berryman_ Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford. Bruce Johnson, Bruce Sparrow. Jordan Jemiola. Joyce Smock. Nick Berryman, Terry Cross. Meeting adjourned at 3:21 pm. Respectfully submitted. I u Y' Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.06.24 10:38:39 -06'00' 2 Hello