HomeMy WebLinkAbout20102242.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)ZONE DISTRICT TO
PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR EIGHT(8)RESIDENTIAL
LOTS WITH E (ESTATE) ZONE USES, ALONG WITH FOUR OUTLOTS (OUTLOT A-
FOR CENTRAL WATER SYSTEM APPURTENANCES AND DISTRIBUTION AND
EMERGENCY ACCESS; OUTLOT B-EXISTING GAS WELL PRODUCTION FACILITY;
OUTLOT C - ENTRY SIGN; AND OUTLOT D - SCHOOL BUS SHELTER AND MAIL
KIOSK)-WIGAARD SMITH PUD - SHERRY WIGAARD AND VELOIS SMITH
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 Sherry Wigaard and Velois Smith, 1935 County
Road 55, Keenesburg, Colorado 80643, requesting Change of Zone, PZ #1150, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for eight (8)
residential lots with E(Estate)Zone uses, along with four outlots(Outlot A—for central water system
appurtenances and distribution and emergency access; Outlot B — existing gas well production
facility; Outlot C — entry sign; and Outlot D — school bus shelter and mail kiosk) —Wigaard Smith
PUD, for a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption #4833; located in the
N1/2 NE1/4 of Section 28, Township 1 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicants were present and represented by Cliff McKissack, JCM
Development, LLC, 9300 Garland Drive, Arvada, Colorado 80005, 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
CC (,A PL- Pw , \L E K\ppl.
i; 15- I o 2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 2
Boundary. The proposal is consistent with the aforementioned documents
as follows:
1) Section 22-2-120.A (R.Goal 1) states, "Ensure that adequate
services and facilities are currently available or reasonably obtainable
to serve the residential development or district." The Department of
Public Health and Environment stated, in its referral dated July 2,
2010,that Chapter 27 of the Weld County Code has been satisfied in
regards to sewer service. The applicant is proposing individual septic
systems. The applicant is proposing a central water system utilizing
an existing well and a proposed new well. The Office of the State
Engineer, Division of Water Resources, in its referral response
received July 22, 2010, offered the opinion that the proposed water
supply is adequate and could be provided without causing injury to
decreed water rights, provided the existing well (Permit No. 180126)
is re-permitted according to the decree in water court case
2006CW181.
2) Section 22-2-120.D (R.Goal 4) states, "Residential development
should support agriculture, and be supported in agricultural areas, in
accordance with the goals and policies of Section 22-2-20 of this
Article."
3) Section 22-2-20.1 (A.Goal 9) states, "Reduce potential conflicts
between varying land uses in the conversion of traditional agricultural
lands to other land uses." The site is located in a rural agricultural
area on soils that are defined as "Other" by the U.S. Department of
Agriculture, according to the 1979 Soil Conservation Services map.
b. Section 27-6-120.D.5.b-- The uses which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article Il, of the Weld County Code.
1) Section 27-2-40, Bulk requirements — The applicant intends to
adhere to the E (Estate)Zoning requirements in regards to land uses,
bulk standards, and lot sizes. No waiver from the E (Estate) Zoning
requirements is proposed.
2) The application indicates an identification sign to be located on
Outlot C. The identification sign will meet the height and size
requirements of the Weld County Code. Subdivision signs adhere to
the size standards of signs for public and quasi-public uses,which is
32-square feet, per Chapter 23 of the Weld County Code.
3) Section 27-2-140, Nonurban Scale Development, states, "Nonurban
scale development proposing individual, private wells and septic
systems shall have a minimum lot size of two and one-half (2%)
acres per lot. Nonurban scale developments located outside the
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 3
RUA are not subject to the common open space requirement." This
proposed PUD is a nonurban scale PUD (less than 9 lots) in a
nonurban area. All lots in the proposed PUD exceed the minimum lot
size of two and one-half(21/2) acres per lot. The smallest lot is 4.58
acres.
c. Section 27-6-120.D.5.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 is not located within the three-
mile referral area or coordinated planning area of any municipality. It is
located within three miles of Adams County. No referral response has been
received from Adams County. The proposed PUD is located immediately to
the east of the Wildlife Conservation Center, permitted under USR#1253 for
a kennel/wildlife sanctuary for surplus,confiscated and abused wildlife(lions,
tigers, bears). This facility is completely fenced. A letter has been received
from the Wildlife Conservation Center expressing concern with having
residential lots immediately adjacent to a tiger sanctuary located within the
wildlife conservation center boundaries. The operator expressed concerns
about people living in close proximity and disturbing the animals, and
indicated opposition to the PUD, as it is an incompatible use which is
counterproductive to the goals of the wildlife sanctuary. It should be noted
that there are three (3) existing residences immediately adjacent to the
boundaries of the site and five(5) residences within one-half(1/2)mile of the
facility. The applicant has met with the facility owner/manager to attempt to
address/mitigate his concerns. Items discussed included screening along
the boundary of the facility and allowing the facility owner to sit on the
Wigaard Smith Estates PUD Homeowners' Association. The Colorado
Division of Wildlife provided referral comments regarding the PUD, dated
October 31, 2008,which have been addressed in the Conditions of Approval.
d. Section 27-6-120.D.5.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 Chapter 27, Article ll, of the Weld County Code.
The Department of Public Health and Environment stated, in the referral
dated July 2, 2010, that Chapter 27 of the Weld County Code has been
satisfied in regards to sewer service. The applicant is proposing individual
septic systems. The applicant is proposing a central water system utilizing
an existing well and a proposed new well. The Office of the State Engineer,
Division of Water Resources, in the referral response received July 22,2010,
offered the opinion that the proposed water supply is adequate and could be
provided without causing injury to decreed water rights, provided the existing
well (Permit No. 180126) is re-permitted according to the decree in water
court case 2006CW181.
e. Section 27-6-120.D.5.e-- That street or highway facilities providing access to
the property are adequate in functional classification, width, and structural
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 4
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. County Road 55 is a collector road and requires an 80-foot
right-of-way at full buildout. There is presently a 60-foot right-of-way. This
road is maintained by Weld County. Pursuant to the definition of setback
outlined in Section 23-1-90 of the Weld County Code,the required setback is
measured from the future right-of-way line. The applicant shall contact the
Department of Public Works, Traffic Engineer,to obtain an Access Permit for
the PUD access onto County Road 55.
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. The applicant shall submit
Improvements Agreements According to Policy Regarding Collateral for On-
site Private Road Maintenance with the Final Plan application. This
agreement must be reviewed by the Department of Public Works and shall
be approved by the Board of County Commissioners prior to recording the
Final plat.
g. Section 27-6-120.D.5.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 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.
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 does accurately reflect the Performance Standards and
allowed uses described in the proposed zone district, as described
previously. The Department of Planning Services is recommending that this
Change of Zone be approved as a Specific Development and that it be
reviewed administratively at the Final Plan stage.
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 5
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sherry Wigaard and Velois Smith for Change of Zone,
PZ#1150, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for eight(8) residential lots with E (Estate) Zone uses, along with four outlots(Outlot A—for
central water system appurtenances and distribution and emergency access; Outlot B—existing gas
well production facility; Outlot C —entry sign; and Outlot D — school bus shelter and mail kiosk) —
Wigaard Smith 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 plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1150.
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 shall also be removed from the plat. The
property boundary and all recorded easements shall be shown on the
plat.
4) Identify,the internal road,"Annie Lane"as being privately maintained.
B. The applicant shall attempt to address the requirements/recommendations of
the Colorado Division of Wildlife, as stated in the referral dated October 31,
2008.
C. The applicant shall attempt to address the requirements/concerns of the
Southeast Weld Fire Protection District, as stated in the electronic mail
received June 7, 2010.
D. 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. Drill envelopes may be delineated on the plat, in
accordance with the State requirements, as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
E. 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:
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 6
A. Change of Zone, PZ-1150, is from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for eight (8) residential lots
with E(Estate)Zone uses, along with four outlots(Outlot A-for central water
system appurtenances and distribution and emergency access; Outlot B —
existing gas well production facility; Outlot C — entry sign; and Outlot D —
school bus shelter and mail kiosk). The E (Estate) lots shall comply with all
E Estate) Zone District 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. 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.
D. Water service shall be obtained from a private central water system.
E. 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.
F. 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. The applicant shall
contact the Water Control Division of the Colorado Department of Public
Health and Environment, at www.cdphe.state.co.us/wq/PermitsUnit,for more
information.
G. 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.
H. 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.
I. 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
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 7
(A.P.E.N.), and apply for a permit from the Colorado Department of Public
Health and Environment.
J. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etcetera) are expressly
prohibited in the designated absorption field site.
K. A separate building permit shall be obtained prior to the construction of any
structure.
L. 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.
M. 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.
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
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. Weld County Government 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 Conditions of Approval stated herein and all
applicable Weld County regulations.
Q. The site shall maintain compliance, at all times, with the requirements of
Weld County Government and the adopted Weld County Code and policies.
R. No development activity shall commence, nor shall any building permits be
issued on the property, until the Final Plan has been approved and recorded.
S. 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
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 8
may, at a public hearing, revoke the PUD Zone District and order the
recorded PUD Zone District reverted to the original Zone District.
T. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
U. Adjacent to the property shown on the plat is The Wild Animal Sanctuary and
there is an Agreement for PUD Subdivision Conditions,dated September 26,
2010, recorded at Reception No. 3733961, dated November 22,2010,which
states various conditions to which the owners of the PUD Subdivision will be
subject.
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 from the date of
approval by the Board of Weld County Commissioners, a $50.00 recording
continuance charge shall be 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 the Wigaard Smith
Estates PUD. The Covenants shall state, "Activities such as landscaping
(i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures,
dirt mounds, 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. The applicant shall submit a time frame for construction, in accordance with
Section 27-2-200 of the Weld County Code.
D. 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.
E. The applicant shall submit all proposed street names and lot addresses to
the Weld County Department of Planning Services for review and approval
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 9
F. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners' Association, for review and approval.
G. The applicant shall contact the Weld County Department of Public Works,
Weed Management Specialist, to develop a Weed Management Plan. The
approved plan shall be included in the Final Plan application.
H. The applicant shall address the conditions of the Colorado Interstate Gas
referral, dated July 1, 2010. Written evidence of such shall be provided to
the Department of Planning Services.
Easements shall be shown on the Final plat, in accordance with County
standards (Section 24-7-60) and/or recommendations of the Utilities
Coordinating Advisory Committee.
J. Intersection sight distance 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.
K. The applicant shall submit stamped, signed, and dated final plat drawings
and roadway/construction and grading plan drawings to the Department of
Public Works, for review and approval. Construction details must be
included.
L. The applicant shall submit Improvements Agreements According to Policy
Regarding Collateral for On-site Private Road Maintenance with the Final
Plan application. These agreements must be reviewed by the Department of
Public Works and shall be approved by the Board of County Commissioners
prior to recording the Final plat.
M. Final drainage construction and erosion control plans (conforming to the
Drainage Report) stamped, signed, and dated by a Colorado licensed
professional engineer shall be submitted with the Final Plan application.
N. The following note shall be added to the Final plat: The historical flow
patterns and runoff amounts will be maintained on the site in such a manner
that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity
increases, diversions, concentration, and/or unplanned ponding of storm
runoff.
O. The applicant shall re-permit Well Permit No. 180126, pursuant to the terms
in the water court decree in case No. 2006CW181.
P. As the facility's water system serves more than 25 persons on a daily basis,
the water system shall comply with the Colorado Primary Drinking Water
Regulations(5 CCR 1003-1). Written evidence shall be provided to the Weld
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 10
County Departments of Public Health and Environment and Planning
Services, from the Colorado Department of Public Health and Environment,
Water Quality Control Division, Drinking Water Section, documenting the
system complies with the Colorado Primary Drinking Water Regulations.
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. The applicant shall provide evidence that the requirements of Weld County
School District RE-3J, as stated in the referral dated June 10, 2010, have
been addressed. Evidence that the cash-in-lieu-of-land fee has been paid
shall be provided to the Department of Planning Services.
D. An Improvements Agreement will be required prior to recording of the Final
plat. The agreement and form of collateral shall be submitted for, and
reviewed by, the Departments of Planning Services and Public Works and
accepted by the Board of County Commissioners prior to recording the Use
by Special Review plat.
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.
7. Prior to release of collateral:
A. Evidence shall be provided that Outlots A, B, C, and D have been deeded to
the Homeowners' Association.
2010-2242
PL2080
CHANGE OF ZONE, PZ#1150, FROM A(AGRICULTURAL)TO PUD-SHERRY WIGAARD AND
VELOIS SMITH
PAGE 11
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
nn WELD COIA COLORADO
ATTEST: -5 . Cyf - v✓ta .
v o gl s Radema he Chair
Weld County Clerk to the oe c f
Et ,S i , Barbara Kirkmeybr, Pro-Tern
BY: . ./ r •X' �1 -:____----5
'
Deputy Clerk to the Board ��
Sean P. Co wa _
APP RM:
I"i . Garcia
)ZyAuorney ` G J F cC
David E. Long
Date of signature: Aa�7
2010-2242
PL2080
Hello