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Home My WebLink About20143736.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Joyce Smock, 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: PUDZ14-0003 APPLICANT: SCHRAGE LIVING TRUST PLANNER: CHRIS GATHMAN REQUEST: REQUEST FOR A MINOR AMENDMENT TO PZ-1079(THE MEADOW ESTATES PUD) TO REMOVE BUILDING ENVELOPES ON LOTS 1-5 OF MEADOWS ESTATES PUD CHANGE OF ZONE PLAT. LEGAL DESCRIPTION: LOTS 1, 2, 3, 4, 5 OF MEADOW ESTATES PUD; PART OF SECTION 6, T4N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 60 AND APPROXIMATELY 550 FEET WEST 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.B.6.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 (Mixed Use Development) of the Weld County 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 requested Planned Unit Development(PUD) amendment will be modifying an already approved PUD to remove building envelopes. Building envelopes were not required as a condition of approval for the original PUD and will not affect the compatibility of the PUD with existing surrounding land uses. B. Section 27-6-120.8.6.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, Chapter 27 of the Weld County Code. Removal of building envelopes will not change the uses allowed under the original PUD. C. Section 27-6-120.8.6.c- That 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 the Weld County Code or master plans of affected municipalities. The proposed PUD change of zone amendment is located within the 3-mile referral areas of the Towns of Berthoud, Johnstown and Larimer County. No referral response has been received from Berthoud, Johnstown and Larimer County. D. Section 27-6-120.8.6.d- That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article 11 the Weld County Code. EXHIBIT The existing "The Meadow Estates PUD" is approved to be served . Water District and by Individual Sewage Disposal Systems. ?WWI-ty- 003 RESOLUTION PUDZ14-0003 SCHRAGE LIVING TRUST PAGE 2 E. Section 27-6-120.8.6.e- That 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 approved PUD has an approved access onto State Highway 60. F. Section 27-6-120.8.6.f - An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. An improvements agreement and collateral was accepted by the Board of County Commissioners on July 13,2014 for internal roadway improvements for The Meadow Estates PUD. G. Section 27-6-120.B.6.g- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The original change of zone application demonstrated compliance with overlay districts, commercial mineral deposits, and soil conditions. The applicant addressed comments pertaining to an existing oil and gas interest on the site and comments from the Colorado Geological Survey during the original change of zone application process. This proposed PUD amendment does not impact or change any of these comments that were received during the original application. H. Section 27-6-120.6.B.h-Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The removal of building envelopes does not change the specific development guide that was submitted with the original change of zone application. This approval recommendation is based upon compliance with Chapter 27 requirements. 1. Prior to recording the Change of Zone plat: A. The plat shall be amended to include the following: 1. All es a of theplat shall be labeled PUDZ14-0003.9 03 (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. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E of the Weld County Code. (Department of Planning Services) 4. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services) 5. Show the approved CDOT access on the plat and label with access permit number if applicable. (Department of Planning Services-Engineer) 6. The applicant shall note on the plat the documents that created the internal road rights of way. (Department of Planning Services-Engineer) RESOLUTION PUDZ14-0003 SCHRAGE LIVING TRUST PAGE 3 B. 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 A (Agricultural) to Planned Unit Development with E (Estate) Zone uses for five (5) residential lots and 7.7 acres of A (Agricultural) common open space (The Meadow Estates PUD). (Department of Planning Services) 2. The purpose of this minor amendment is to remove building envelopes from Lots 1-5 of The Meadow Estates PUD. (Department of Planning Services) 3 No habitable structures shall be allowed on the Common Open Space. (Department of Planning Services) 4 Water service shall be obtained from the Little Thompson Water District. 5. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall 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) 6. 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 the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) 7. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) 8. 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, and apply fora permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 9. "Weld County's Right to Farm"statement as provided in Appendix 22-E of the Weld County Code shall be recognized at all times. (Department of Public Health and Environment) 10. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (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. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works) 13. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services-Engineer) RESOLUTION PUDZ14-0003 SCHRAGE LIVING TRUST PAGE 4 14. Weld County is not responsible for the maintenance of onsite drainage related features or internal roadways. (Department of Planning Services-Engineer) 15. 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) 16. 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) 17. 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) 18. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) C. With the Change of Zone plat, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are.dwg, .dxf,and .dgn (Microstation); acceptable GIS formats are .shp(Shape Files),Arcinfo Coverages and Arcinfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) Motion seconded by Bruce Sparrow. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross 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 PUDZ14-0003 SCHRAGE LIVING TRUST PAGE 5 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 December 2, 2014. Dated the 2nd of December, 2014. Kristine Ranslem Secretary �Z12 11t-1 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 2, 2014 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, Jason Maxey, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent: Bruce Johnson. Also Present: Kim Ogle, Chris Gathman and Tom Parko, Department of Planning Services; Wayne Howard and Jennifer Petrik, Department of Engineering; Elizabeth Relford and Janet Lundquist, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the November 18, 2014 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Michael Wailes. Motion passed unanimously. CASE NUMBER: PUDZ14-0003 APPLICANT: SCHRAGE LIVING TRUST PLANNER. CHRIS GATHMAN REQUEST: REQUEST FOR A MINOR AMENDMENT TO PZ-1079 (THE MEADOW ESTATES PUD) TO REMOVE BUILDING ENVELOPES ON LOTS 1-5 OF MEADOWS ESTATES PUD CHANGE OF ZONE PLAT. LEGAL DESCRIPTION: LOTS 1, 2, 3, 4, 5 OF MEADOW ESTATES PUD; PART OF SECTION 6, T4N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 60 AND APPROXIMATELY 550 FEET WEST OF CR 3. Chris Gathman, Planning Services, presented Case PUDZ14-0003, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval. Wayne Howard, Engineering, recommended that the approved CDOT access and the internal roadway system be identified on the plat. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and added that staff has no concerns with this request. Dennis Messner, 1355 North Cleveland Avenue, Loveland, Colorado, stated that he represents the Schrages. He said that at time of contract for some of the lots it was discovered that the building envelopes existed and they conflicted with some of the homeowner's documents. Commissioner Sparrow asked if it conflicts with where they want to build. Mr. Messner said that there is an existing home on one of the properties and there are some provisions in the homeowner's documents that control views from the existing home. Therefore some of the building envelopes are in direct conflict with those views. 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 Development Standar( EXHIBIT Approval and if they are in agreement with those. The applicant replied that they are Motion: Forward Case PUDZ14-0003 to the Board of County Commissioners alone of Approval with the Planning Commission's recommendation of approval, Move , _a_t_ Obc3 Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Meeting adjourned at 4:52 pm. Respectfully submitted, Kristine Ranslem Secretary Hello