HomeMy WebLinkAbout20102227.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1153 FROM THE A(AGRICULTURAL)ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E(ESTATE)ZONE USES ALONG WITH .78 ACRE OF OPEN
SPACE-COUNTRY MEADOWS ESTATES, 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 29th day of September, 2010, at 10:00 a.m.,
for the purpose of hearing the application of Country Meadow Estates, LLC, c/o James Trott, Sr.,
3654 East 151st Avenue, Brighton, Colorado 80602, requesting Change of Zone, PZ#1153, from
the A(Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9)
residential lots with E (Estate) Zone uses along with .78 acre of open space, for a parcel of land
located on the following described real estate, to-wit:
Lot B of Amended Recorded Exemption#4571; being
part of the N1/2SE1/4 of Section 7,Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant, Betty Trott, was present, 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(Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement, nor is it located within an Urban Growth
Boundary. 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
present and future residents of the County." The proposed PUD will
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be serviced by the Little Thompson Water District for potable water.
The applicant has submitted a draft water service agreement with
Little Thompson Water District, and 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 with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code. The applicant
has chosen to adhere to the bulk requirements of the E(Estate)Zone District
for the nine (9) residential lots. Section 27-6-80.8.7 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 in a rural area and is not located within one-quarter mile of the
nearest subdivision/PUD. The nearest subdivision is the Shultz Minor
Subdivision, one-quarter mile to the west. As a result, this is not considered
to be an urban scale development and is not subject to the fifteen-percent
open space allocation.
c. Section 27-6-120.D.5.c -- The uses which will 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 the master plans of
affected municipalities. The proposed PUD is not located within the
boundaries of a coordinated planning area or Urban Growth Boundary area;
however, it is located within the three-mile referral area for the Towns of
Berthoud and Johnstown and Boulder and Larimer Counties. No referral
responses have been received from either Town or County. This site is
located in a rural agricultural area. One letter was received from an adjacent
property owner mentioning the following concerns: road improvements,
requirement of dust abatement, noxious weeds, drainage and retention, the
potential for mosquitoes, and the location of waste in proximity to the access
road and detention pond. The Conditions of Approval address a number of
the concerns outlined in the letter, including the requirement from the
Department of Public Works that the applicant contribute a proportional
share of dust abatement if vehicle trips exceed 200 vehicles. A Noxious
Weed Management Plan will be required to be submitted with the final plan
application. According to the drainage referral from the Department of Public
Works, the applicant is proposing either a detention pond or a water quality
feature which will not hold water on a permanent basis. There was an old
silage pit in proximity of the proposed retention/water quality feature
area/access.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall 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.
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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. An Individual Sewage Disposal System (I.S.D.S.) will
handle the effluent flow. The Colorado Division of Water Resources, in the
referral dated July 20, 2010, indicated no conflicts with its interests.
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. Intersection sight distance triangles at the development
entrance(s)will be required. All landscaping within the triangles must be less
than 2.5 feet in height, at maturity, and noted on the final roadway plans.
The applicant shall complete a Weld County Road Access Permit. If a
drainage culvert is required,the Department of Public Works Traffic Engineer
shall size the drainage culvert, width, and location of the access. Typical
Road Section Rural Subdivision Local (minor) shall have adequate turning
radii, a Stop sign, and a drainage culvert. The internal roadway is identified
as unpaved (gravel). The typical cross-section for this type of road within a
PUD will be 26 feet in width, with four inches of aggregate base course,
Class 6, and 60 feet of right-of-way, with a minimum of 50 feet radius
cul-de-sac turn-around. Each lot is required to have a 15-inch minimum
diameter drainage culvert, with one internal access per lot. The
Homeowners' Association (HOA) shall be responsible for maintenance of
roadways, open space, and drainage facilities. A traffic study is not required;
however, if background traffic and traffic from the proposed PUD exceed the
triggers for dust control (200 vehicles per day) on County Road 3, the
applicant will be required to pay a proportional share of the proposed PUD's
traffic volume for the maintenance (magnesium chloride)of County Road 3.
f. Section 27-6-120.D.5.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, and a Road Improvements Agreement is complete
and has been submitted, if applicable. An Improvements Agreement
According to Policy Regarding Collateral will be required prior to recording of
the final plat. The Improvements Agreement will include the proportional
share of dust control on County Road 3.
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. The site is not located within any overlay district. 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.
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h. Section 27-6-120.D.5.h -- Consistency exists between the proposed zone
district uses, and the Specific Development Guide. The submitted Specific
Development Guide accurately reflects the Performance Standards and
allowed uses described in the proposed Zone District, as described
previously. This Change of Zone application is approved as a Specific
Development Guide and will reviewed administratively at the Final Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Country Meadows Estates, LLC, for Change of Zone,
PZ#1153, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for nine (9) residential lots with E (Estate)Zone uses along with .78 acre of open space, 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 plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1153.
2) 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.
3) Front, side, and rear utility easements are not required to be
indicated on the Change of Zone plat, and shall be removed.
Topographical lines, interior lot lines, and internal road rights-of-way
shall also be removed from the plat. The property boundary and all
recorded easements shall be shown on the plat.
4) The approved road cross-section (26 feet in width, four inches of
aggregate base course, Class 6, and 60 feet of right-of-way) shall be
indicated on the plat.
5) The cul-de-sac turn-around radii shall be labeled.
6) County Road 3 is classified as a local gravel road and requires 60
feet of right-of-way at full buildout. There is presently 60 feet of
right-of-way. This road is maintained by Weld County. The applicant
shall verify the existing right-of-way, and the documents creating the
right-of-way, and this information shall be included on the plat.
Pursuant to the definition of setback in the Weld County Code, the
required setback is measured from the future right-of-way line.
7) The culvert size at the entrance shall be indicated.
8) The reference to recycled concrete from the Vehicle Tracking Pad
detail on sheet 4 of the Change of Zone Plat drawings shall be
removed.
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9) The irrigation pipeline shall be shown on the plat with a note
explaining that no easement has been granted,either by the property
owner or through the plat, but the pipeline is being shown for purpose
of disclosure to any subsequent purchasers.
B. The applicant shall attempt to address the requirements of the Colorado
Division of Wildlife, as stated in the referral received August 24, 2010.
Written evidence of such shall be provided to the Department of Planning
Services.
C. The applicant shall submit three (3) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
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#1153, is from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for nine (9) residential lots
with E (Estate) Zone Uses, along with 0.78 acres of open space. The
E (Estate) lots shall comply with all Estate requirements.
B. A Homeowners'Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance, taxes and maintenance of
open space, streets, private utilities, and other facilities. Open space
restrictions are permanent.
C. A traffic study is not required at this time; however, if background traffic and
traffic from the proposed PUD exceed the triggers for dust control (200 vpd)
on County Road 3, the applicant will be required to pay a proportional share
of the proposed PUD's traffic volume for the maintenance (magnesium
chloride) of County Road 3.
D. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code. These requirements shall apply to all temporary and permanent signs.
E. Water service shall be obtained from the Little Thompson Water District.
F. 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
in effect at the time of construction, repair, replacement, or modification of
the system.
G. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
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disturbance is greater than, or equal to, one acre in area. The applicant shall
contact the Water Quality Control Division of the Colorado Department of
Public Health and Environment, at www.cdphe.state.co.us/wq/PermitsUnit,
for more information.
H. 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.
I. In accordance with the regulations of the Colorado Air Quality Control
Commission, any development which disturbs more than five (5) acres of
land must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
J. 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
(A.P.E.N.), and apply for a permit from the Colorado Department of Public
Health and Environment.
K. Landscaping (i.e. planting of trees and shrubs) and construction activities
(i.e. auxiliary structures, dirt mounds,etcetera)are expressly prohibited in the
designated absorption field site.
L. A separate building permit shall be obtained prior to the construction of any
structure.
M. 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.
N. 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.
O. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
P. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
Q. Weld County personnel 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 Development Standards stated herein and all applicable
Weld County regulations.
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R. The site shall maintain compliance, at all times, with the requirements of
Weld County Departments,state and federal agencies, and the Weld County
Code.
S. No development activity shall commence, nor shall any building permits be
issued on the property, until the Final Plan has been approved and recorded.
T. 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.
U. 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. Along 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 from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3) month period.
5. At the time of Final Plan submission:
A. The applicant shall submit a set of sign standards,as required by Chapter 23
of the Weld County Code, for review and approval.
B. The applicant shall submit development covenants for Country Meadows
Estates PUD. The Covenants shall state,"Landscaping(i.e. planting of trees
and shrubs) and construction activities(i.e. auxiliary structures,dirt mounds,
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etcetera) are expressly prohibited in the designated absorption field site."
The Covenants shall also address signage requirements and refer to the
Weld County Code.
C. Intersection sight triangles at the development entrance will be required. All
landscaping within the triangles must be less than 2.5 feet in height at
maturity, and noted on the final roadway plans.
D. The applicant shall submit a time frame for construction, in accordance with
Section 27-2-200 of the Weld County Code.
E. Easements shall be delineated on the final plat, in accordance with County
standards (Section 24-7-60) and recommendations of the Utilities
Coordinating Advisory Committee.
F. The applicant shall submit all proposed street names and lot addresses to
the Weld County Department of Planning Services, for review and approval
by the Berthoud Fire Protection District, the Weld County Sheriffs Office,the
Weld County Paramedic Service, and the U.S. Post Office.
G. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners' Association, for review and approval.
H. The applicant shall contact the Vegetation Weed Management Specialist
with the Weld County Department of Public Works to develop a Weed
Management Plan. The approved plan shall be included in the Final Plan
application.
I. 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 North Weld County Water District shall be
provided to the Department of Planning Services.
J. The applicant shall address the following comments in the Final Plan
Drainage Report:
1) The Change of Zone and Final Drainage Report requirements which
are outlined in the Weld County Storm Drainage Criteria Addendum
for the Final Drainage Report shall be utilized.
2) Two-foot contour information for the entire subdivision site and for
200 feet outside of the property boundaries shall be provided.
K. The applicant shall submit a draft Improvements Agreement, addressing
on-site and off-site improvements associated with the proposed PUD. The
Improvements Agreement will include the proportional share of dust control
on County Road 3.
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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 of the final
plat. The Improvements Agreement will include the proportional share of
dust control on County Road 3. T he agreement and form of collateral shall
be submitted to, and reviewed by, the Departments of Planning Services and
Public Works, and accepted by the Board of County Commissioners, prior to
recording the plat.
D. The applicant shall provide evidence that the requirements of Weld County
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 .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format
for Images is .tif(Group 4). (Group 6 is not acceptable.)
7. Prior to release of collateral:
A. Evidence shall be provided that the open space parcel has been deeded to
the Homeowners' Association.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
��
WELD COUNTY, COLORADO
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ATTEST • ' « v' ' �� as
1861 L �/gl=s Radem.cher, Ch r
Weld County Clerk to the B��rd � ',�,;;Z � _
'cwt'
I1 : rbara Kirkmeyer, Pr -Tem
BY: IL( a 't Ql ��
Dep ty Jerk t. t e Board 1
Sean P. Co�nv�ay, `�/}—
APP' oVED M: ((// '
V fn F.. Garcia
I' ounty Attorney °'CJ Q ( .1„._,
David E. Long
Date of signature: l eidi ht,
/
2010-2227
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