HomeMy WebLinkAbout20110228.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1140, FROM A(AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR NINE (9) LOTS WITH E
(ESTATE) ZONE DISTRICT USES AND APPROXIMATELY THIRTEEN (13)ACRES OF
COMMON OPEN SPACE-TWIN PEAKS AT IRIS LANE PUD-MERINO CONSERVATION
GROUP, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 19th day of January, 2011, at 10:00 a.m., for
the purpose of hearing the application of Merino Conservation Group, LLC,6933 Sedgewick Drive,
Fort Collins, Colorado 80525, requesting Change of Zone, PZ#1140,from theA(Agricultural)Zone
District to the PUD (Planned Unit Development)Zone District for nine (9) lots with E (Estate) Zone
District uses and approximately thirteen (13)acres of common open space-Twin Peaks at Iris Lane
PUD, for a parcel of land located on the following described real estate, to-wit:
Lot C of Amended Recorded Exemption#3983; being
part of the S1/2 NW1/4 of Section 5, Township 4
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicant was present/represented by Robb Casseday, Casseday Creative
Designs, LLC, 55 South Elm Avenue, Suite 210, Eaton, Colorado 80615, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a - The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD,and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Regional
Urbanization Areas-RUAs)of the Weld County Code. The proposed site is
not influenced by an Intergovernmental Agreement. The proposal is
consistent with the aforementioned documents as follows:
1) Section 22-3-40.6(P.Goal 2)states, "Require adequate facilities and
services to assure the health, safety and general welfare of the
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present and future residents of the County." The proposed PUD will
be serviced by the Little Thompson Water District for potable water.
The applicant has submitted a Draft Water Service Agreement with
the Little Thompson Water District. A finalized water agreement will
be required at the final plan stage. Individual Sewage Disposal
Systems will handle the effluent flow.
b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed
PUD will conform to the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-40, Bulk requirements—The applicant is requesting a
waiver from the minimum lot size in the E (Estate)Zone District. The
proposed and approved lot size for Twin Peaks at Iris Lane PUD is
two (2) acres compared to the 2.5 required for the E (Estate) Zone
District.
2) Section 27-6-80.6.7 states, "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." This site is not located within an Urban Growth
Boundary Area or Coordinated Planning Area of a municipality. The
site is located within one-quarter of a mile of Garcia PUD and Twin
View Estates subdivision/PUD. As a result, this is considered an
urban scale development and is subject to the fifteen-percent open
space allocation.
3) Section 27-6-90, Signage—Section 27-6-90.C states"Sig nage within
a PUD shall adhere to all requirements in this Chapter and
Chapters 23 and 26 of this Code, if applicable." The E(Estate)Zone
District allows for a 32-square-foot sign. The proposed and approved
subdivision monument sign will be 48 square feet. The applicant has
met the remaining Performance Standards, as delineated in
Section 27-2-10. The Conditions of Approval ensure compliance with
Sections 27-2-20 through 27-2-220 of the Weld County Code.
c. Section 27-6-120.D.5.c-The uses which will be permitted will 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 site is not influenced by an Intergovernmental
Agreement (IGA). The proposed development is located within the
three-mile referral area of the Towns of Berthoud and Johnstown, and
Boulder and Larimer Counties. Larimer County, Town of Berthoud, and
Town of Johnstown indicated no conflicts with their interests. The Weld
County Department of Planning Services has not received a response from
Boulder County.
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d. Section 27-6-120.D.5.d - The PUD Zone District will be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County Code.
The residential lots will be serviced by the Little Thompson Water District,
and the Weld County Attorney's Office has indicated that the agreements
submitted by the applicant are adequate for the Change of Zone. The Weld
County Department of Public Health and Environment has indicated in a
referral response, dated October 7, 2009, that the application has satisfied
Chapter 27 of the Weld County Code in regard to water and sewer service.
e. Section 27-6-120.D.5.e- 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 Change of Zone plat shows roadways with a 60-foot
right-of-way, including cul-de-sacs with a 65-foot outside radius. A typical
road cross section shall be shown on the Change of Zone plat. The typical
local roadway section shall be shown as two 12-foot paved lanes with
four (4)foot gravel shoulders. The cul-de-sac edge of pavement radius shall
be 50 feet. The Board accepted the applicant's request for a waiver from
curb, gutter, and sidewalks, and is requiring the applicant to pave County
Road 3 to State Highway 60. County Road 3 is classified as a local gravel
road with 60 feet of right-of-way.
f. Section 27-6-120.D.5.f-An Off-site Road Improvements Agreement and an
On-site Improvements Agreement proposal are in compliance with
Chapter 24 of the Weld County Code,and a Road Improvements Agreement
is complete and has been submitted, if applicable. An Improvements
Agreement will be required prior to recording the final plat and will include the
paving of County Road 3 to State Highway 60.
g. Section 27-6-120.D.5.g - 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. According to the application, there are two mineral interests:
1) the Merino Conservation Group, LLC (the applicant), and 2) Magpie
Operation, Inc. The applicant has not entered into a Surface Use Agreement
at this time. Effective January 1, 2003, building permits issued on the
proposed lots will be required to adhere to the fee structure of the County-
Wide Road Impact Fee Program. Effective August 1, 2005, building permits
issued on the subject site will be required to adhere to the fee structure of the
Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District(s), uses, and the Specific Development Guide. The submitted
Specific Development Guide does accurately reflect the Performance
Standards and allowed uses described in the proposed Zone District, as
described previously. The Department of Planning Services and Board of
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Commissioners are in agreement with the applicant's request for
administrative review of the Final Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Merino Conservation Group, LLC, for Change of Zone,
PZ#1140, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for nine (9) lots with E (Estate) Zone District uses and approximately thirteen (13) acres of
common open space-Twin Peaks at Iris Lane PUD, on the above referenced parcel of land be,and
hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) The plat shall be labeled PZ-1140.
2) All future signs, including entrance signs,street signs, and Stop signs
shall be delineated on the plat.
3) The 48-square-foot development sign shall meet the setback
requirements of 20 feet from existing or future right-of-way and not
impact sight distances, whatever is greater.
4) All non-recorded easements shall be removed from the plat.
Recorded easements shall be referenced on the plat per book and
page or reception number.
5) The applicant shall address the comments of the Weld County
Department of Public Health and Environment in regards to Lots 1
and 7-9 having access to the trail system.
6) The plat shall address the concerns and requirements of the Weld
County Department of Public Works, as stated in the referral
responses dated October 5, 2009, and July 29, 2010.
7) The property line should be a bold solid line.
8) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on the
plat.
9) The approved road cross-section (26 feet wide, four inches of
aggregate base course, Class 6, 60 feet of right-of-way) shall be
indicated on the plat.
10) Label cul-de-sac turn around radii.
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B. 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.
C. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral responses
dated October 5, 2009, and July 29, 2010. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
D. The applicant shall submit, to the Weld County Department of Planning
Services, an updated commitment letter from the Little Thompson Water
District.
E. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. The plat shall be amended to include any possible future
drilling sites and/or setbacks.
F. The applicant shall provide a written agreement from the power company to
move the overhead power lines.
G. The Change of Zone plat map shall be submitted to the Department of
Planning Services for recording within sixty (60) days 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. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
2. 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:
A. Change of Zone, PZ-1140, is from the A (Agricultural) Zone District to the
PUD(Planned Unit Development)Zone District with E(Estate)uses,with the
exception of lot size for nine (9) residential lots and 13 acres of common
open space (Twin View Estates PUD).
B. Water service shall be obtained from the Little Thompson Water District.
C. This PUD 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
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in effect at the time of construction, repair, replacement, or modification of
the system.
D. 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 (1) acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment, atwww.cdphe.state.co.us/wq/PermitsUnit,
for more information.
E. 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 Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
F. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five(5) acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
G. If land development creates more than a 25-acre contiguous disturbance,or
exceeds six (6) months in duration, the responsible party shall prepare a
Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
H. Language for the preservation and/or protection of the absorption field
envelopes shall be placed in the development Covenants. The Covenants
shall state that activities such as permanent landscaping, structures, dirt
mounds, or other items are expressly prohibited in the absorption field site.
Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
J. Effective August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee Programs.
K. 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
stated herein and all applicable Weld County regulations.
L. Appropriate building permits shall be obtained prior to any construction or
excavation.
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M. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
N. The site shall maintain compliance at all times with the requirements of the
Weld County Government and the adopted Weld County Code and Policies.
O. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
P. The applicant shall comply with Section 27-8-50 of the 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.
Q. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within sixty (60) days 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.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital
file may be sent to maps@co.weld.co.us.
4. In accordance with Weld County Code Ordinance#2005-7, approved June 1, 2005,
should the plat not be recorded within the required sixty(60)days of approval by the
Board of County Commissioners, a $50.00 recording continuance charge shall be
added for each additional three (3) month period.
5. At the time of Final Plat:
A. The applicant shall submit Covenants for Twin Peaks at Iris Lane PUD. The
Covenants shall include the following language for the protection of septic
envelopes: "Activities such as landscaping (i.e. planting of trees and shrubs)
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and construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly
prohibited in the designated absorption field site." The Covenants shall be
approved by the Weld County Attorney's Office prior to recording the final
plat.
B. The Covenants shall attempt to address the concerns of the Colorado
Division of Wildlife, as stated in the referral response dated October 11,
2009.
C. The right-of-way for the internal roadway shall be dedicated to Weld County.
D. The applicant shall submit evidence of approval of preliminary addresses
and street names from the U.S. Postal Service, Fire District, and Sheriffs
Office to the Department of Planning Services.
E. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral responses dated
October 5, 2009, and July 29, 2010.
F. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations on the Final
plat.
G. The applicant shall contact the Weld County Department of Public Works,
Vegetation Weed Management Specialist,to develop a Weed Management
Plan. The approved Plan shall be included in the Final Plan application.
H. The applicant shall submit an executed agreement securing water from the
Little Thompson Water District for service to the PUD. Evidence of the
agreement and sign off from the Little Thompson Water District shall be
provided to the Department of Planning Services.
6. Prior to recording the Final Plat:
A. Original copies of the approved Covenants, along with the appropriate
recording fee (currently $6.00 for the first page and $5.00 for subsequent
pages) shall be submitted to the Weld County Department of Planning
Services.
B. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
C. An Improvements Agreement will be required prior to recording the final plat.
The Improvements Agreement will include the paving of County Road 3 to
State Highway 60. The Agreement and form of collateral shall be submitted
to the Departments of Planning Services and Public Works, for review, and
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accepted by the Board of County Commissioners prior to recording the final
plat.
D. The applicant shall provide evidence that the requirements of School
District RE-2J have been addressed.
E. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COL DO
,• 1 Q ATTEST: '�� --• ��T �
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Weld County Clerk to the - �' '�
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Deputy Clerk to the Boar.����
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APP D S F M: e.J .
avi E. Long
ounty Attorney 7u �?� t"---)-\,:. J
Doug2s Radem ,:�.�u
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Date of signature: ' 1i
2011-0228
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