HomeMy WebLinkAbout20072521.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE,PZ#1130,FROM A(AGRICULTU L)ZON STRICT
TO PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR (6)RESI NTIAL
LOTS WITH E(ESTATE)ZONE USES-MACKEY CIRCLE PUD-GAR VICKY,B ,
AND JAMIE MACKEY,AND MICHAEL COHRS
WHEREAS,the Board of County Commissioners of ou , orado, ursuant to
Colorado statute and the Weld County Home Rul harter, sted wit ority of
administering the affairs of Weld County,Colorad nd
WHEREAS,a public hearing was hel he 5th day of Septemb 2007,at 10:00 a.m.
for the purpose of hearing the application o ary, 'ky,Bryon,and Jamie ackey,6804 Aaron
Drive,Fort Collins,Colorado 80524,and hael Coh 29 Poste Viejo Lane,Greeley,Colorado
80634,requesting Change of Zone,P 130,from the Agricultur Zone District to the PUD
(Planned Unit Development)Zone District for six(6)resid 'al lot ith E(Estate)Zone uses-
Mackey Circle PUD,for a parc of land located on the follows scribed real estate,to-wit:
Lot B Recorded Exemption#4589 d Lot A of
Record Exemption #2792; bo part of the
NW1/4 f Section 6,Township 7 orth,Range 65
West o he 6th P.M.,Weld Cou ,Colorado
WHEREA ,at said hea g,Gary Mackey,a licant,was present,and
WHERE ,Section 27-6- of the We ounty Code provides standards for review of
said Change of ne,and
W EREA oard of Count ommissioners heard all the testimony and statements
of those esent,studied the request oft applicant and the recommendation of the Weld County
Plannin Commission and,having been Ily informed,finds that this request shall be approved for
the foil ing reasons:
1. The applicant complied with all the application requirements listed in
S tion 27-5-30 of the Weld County Code.
e request is i conformance with Section 27-6-120.D as follows:
Sectio 27-6-120.D.5.a - The proposal is consistent with any
lnterg vernmental Agreement in effect influencing the PUD and Chapter 19
(Coo inated Planning Agreements),Chapter 22(Comprehensive Plan),
a r 23(Zoning),Chapter 24(Subdivision)and Chapter 26(Mixed Use
De opment)of the Weld County Code.The proposed PUD is not located
in an area affected by an Intergovernmental Agreement.Section 22-2-60.C
(A.Goal 3)states,"Provide mechanisms for the division of land which is
agriculturally zoned. Options for division shall be provided to ensure the
continuation of agricultural production and accommodate low intensity
development."The proposed six-lot PUD is located on the dry corner of a
productive farm. The applicant is proposing to change the zoning to PUD
2007-2521
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C(' k, w, /r', CI-,38'=07
CHANGE OF ZONE#1130 FROM A(AGRICULTURAL)TO PUD- GARY, VICKY, BRYON, AND
JAMIE MACKEY, AND MICHAEL COHRS
PAGE 2
(Planned Unit Development)with E (Estate)Zone uses and conform to the
regulations in Chapter 23 pertaining to the E (Estate) Zone District.
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 met all of the Performance Standards, as delineated in Section 27-2-10
of the Weld County Code. The Conditions of Approval will ensure
compliance with Sections 27-2-20 through 27-2-210 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 within the three-mile referral area for
the Towns of Ault and Pierce, and neither town has responded with
comments regarding the proposed Change of Zone application. In the
referrals received in response to the sketch plan, dated October 19, 2006,
and October 24, 2006, respectively, both municipalities indicated no conflict
with the proposal.
d. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an
adequate water supply and the sewage disposal system in compliance with
the Performance Standards in Chapter 27, Article II, of the Weld County
Code. The proposed PUD will be serviced by the North Weld County Water
District and Individual Sewage Disposal Systems will handle the effluent
flow. In the referral dated May 29, 2007, the Department of Public Health
and Environment recommended approval of the application. The County
Attorney has reviewed, and approved, the draft Water Service Agreement
from the North Weld County Water District.
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. County Road 37 is classified as a local paved road, as stated
in the Weld County Department of Public Works referral, dated May 16,
2007, and improvements to County Road 37 are not required.
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. Conditions of Approval will
ensure the applicant will complete an On-site (Private) Improvements
Agreement which addresses all improvements associated with this
development, per compliance with Section 24-9-10 of the Weld County
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CHANGE OF ZONE#1130 FROM A(AGRICULTURAL)TO PUD - GARY, VICKY, BRYON, AND
JAMIE MACKEY, AND MICHAEL COHRS
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Code, prior to recording the final plat. The Improvements Agreement will
require the construction of an internal road which will be dedicated to the
County but maintained by the Homeowners' Association.
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. Parts of the proposed subdivision are encumbered by
floodplain, as shown on the FIRM Community Panel Map 080266 0480C.
The location of the floodway within the designated floodplain has not been
determined, and instead of locating the precise location of the floodway,the
applicant has chosen to designate the entire floodplain as a"No-build Zone."
In the referral dated June 15, 2006, the Colorado Geological Survey did not
indicate the presence of mineral deposits and noted there are no geological
conditions that would preclude subdivision; however, the referral noted that
the existence of"expansive, collapsible and/or low-strength soils are likely
present on-site."
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Gary, Vicky, Bryon, and Jamie Mackey, and Michael
Cohrs, for Change of Zone, PZ#1130, from the A(Agricultural)Zone District to the PUD(Planned
Unit Development) Zone District for six (6) residential lots with E (Estate) Zone uses - Mackey
Circle 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-1130.
2) The plat shall adhere to Section 27-9-20 of the Weld County Code.
3) County Road 37,adjacent to the proposed development,is classified
by the County as a local paved road requiring 60 feet of right-of-way.
The applicant shall verify the existing right-of-way, and the
documents creating the right-of-way shall be noted, labeled, and
dimensioned on the Change of Zone plat. If the right-of-way cannot
be verified, it shall be dedicated on the final plat.
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4) Primary and secondary septic envelopes shall be placed on Lot 5.
All septic system envelopes must meet all setbacks.
5) Portions of the proposed subdivision lay within a Zone-A Flood
Hazard Area, as shown on the Flood Insurance Rate Map, dated
September 28, 1982 (FIRM 080266 0480C). All portions of all lots
located in the 100-year floodplain shall be designated as "No-build
Zones."
B. The applicant shall submit to the Department of Planning Services a
finalized, executed, and recorded copy of the Water Service Agreement
between the applicant and North Weld County Water District for service to
the PUD.
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#1130, is from the A(Agricultural)Zone District to the
PUD (Planned Unit Development) Zone District for six (6) residential lots.
The lots will adhere to the uses allowed in the E (Estate) Zone District,
except for the allowance of Auxiliary Quarters, as defined by
Section 23-1-90 of the Weld County Code. The PUD will be subject to, and
governed by, the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
C. 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.
D. Water service shall be obtained from the North Weld County Water District.
E. This PUD 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.
Septic systems shall be designed for site-specific conditions including, but
not limited to, shallow groundwater, bedrock, gravel, and/or clay.
F. 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 atwww.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.
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.
J. A separate building permit shall be obtained prior to the construction of any
building or structure, including any future entryway and/or gates.
K. A plan review is required for each building for which a building permit is
required. Residential building plans may be required to bear the wet stamp
of a Colorado registered architect or engineer.
L. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, Weld County has
adopted the following: 2006 International Residential Code, 2006
International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Fuel Gas Code, 2005
National Electrical Code, and Chapter 29 of the Weld County Code.
M. Each building will require an engineered foundation based on a site-specific
Geotechnical Report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a
Colorado registered engineer.
N. Fire resistance of walls and openings,construction requirements, maximum
building height, and allowable areas, will be reviewed at the plan review.
Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
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O. Building height shall be measured in accordance with the applicable Building
Code for the purpose of determining the maximum building size and height
for various uses and types of construction, and to determine compliance
with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the
Weld County Code, in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to
the farthest projection from the building. Property lines shall be clearly
identified, and all property pins shall be staked, prior to the first site
inspection.
P. Prior to the release of building permits, the applicant shall submit evidence
of approval from the Ault Fire Protection District to the Weld County
Department of Building Inspection.
Q. All signs, including entrance signs, shall require building permits. Signs
shall adhere to Chapter 23, Division II, of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
R. 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.
S. 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.
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
U. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
V. 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.
W. The site shall comply with all applicable rules and regulations of state and
federal agencies, and the Weld County Code.
X. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
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Y. 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.
Z. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
AA. Weld County's Right To Farm Statement, as it appears in the Weld County
Code, Appendix 22-E, shall be placed on the plat.
3. The applicant shall submit two(2)paper copies of the plat,for preliminary approval,
to the Weld County Department of Planning Services.
4. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) 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 .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).
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
6. At the time of Final Plan submission:
A. The applicant shall submit an On-site Improvements Agreement According
to Policy Regarding Collateral with the Final Plan application. This
agreement must be reviewed, and approved, by County staff.
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B. The plat shall indicate the location of the development sign and mailbox. An
outlot shall be created so that the sign and mailboxes are located on
property owned, and maintained, by the Homeowners' Association.
C. The applicant shall submit evidence that the appropriate postal district has
reviewed and approved the design of the mailbox pull off.
D. The applicant shall name the interior road in accordance with
Section 2-13-70 of the Weld County Code, as stated in the Weld County
Department of Building Inspection referral, dated May 22, 2007.
E. All copies of the Final Plan application shall include a copy of the proposed
street name, as indicated in the Weld County Department of Building
Inspection referral, dated May 22, 2007.
F. The applicant shall submit evidence, to the Department of Planning
Services, that the chosen interior street name and addresses have been
reviewed by the Weld County Sheriffs Office, the Weld County Paramedic
Service, and the appropriate postal district.
G. The Department of Public Works received a Preliminary Subsurface
Exploration and Geologic Hazards Report, dated August 24, 2006. This
report was prepared by Earth Engineering Company, Inc., and is stamped,
signed, and dated by Michael Joseph Coley, P.E. #35724. At the time of
Final Plan submittal,the Final Subsurface Exploration and Geologic Hazards
Report must be delivered to Department of Public Works for review. This
report shall be signed, stamped, and dated by a Colorado registered
professional engineer.
H. The applicant shall submit,with the Final Plan materials, a pavement design
for the internal roadway, prepared by a Colorado registered professional
engineer.
The applicant shall submit, to the Departments of Planning Services and
Public Works, three copies of stamped, signed, and dated final plat
drawings, and roadway/construction and grading plan drawings, for review
and approval, with the Final Plan application. Construction details must be
included.
J. Stop signs and street name signs will be required at all intersections and
shown as a Signing Plan on final roadway plans. The current edition of the
Manual on Uniform Traffic Control Devices (MUTCD) shall govern the
Signing Plan.
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K. Easements shall be shown on the final plat, in accordance with County
standards and/or recommendations of the Utilities Coordinating Advisory
Committee.
L. As per the application materials submitted at the Change of Zone, the
applicant has agreed to install two fire hydrants at the request of the Ault
Fire Protection District. The location and design of these hydrants shall be
located on the utility map. Three additional copies (in excess of the 25
required) of the utility map shall be submitted at the Final Plan.
M. A Final Drainage Report, stamped, signed, and dated by a Colorado
registered professional engineer, shall be submitted with the Final Plan
application. The five-year storm and 100-year storm drainage studies shall
take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of
the 100-year storm developed condition while releasing the five-year storm
existing condition. The engineer will be required to show stormwater
(detention) detailed calculations in the sealed Final Drainage Report. The
Final Drainage Report shall include a flood hazard review documenting any
FEMA defined floodways. The engineer shall reference the specific map
panel number, including date. The development site shall be located on the
copy of the FIRM Community Panel Map #080266 0408C.
N. The applicant must show the proposed detention facility and corresponding
easement on the Final Plan materials. The maintenance of the detention
pond shall be addressed.
O. The applicant shall address all redline comments in the Drainage Report
and on the construction plan drawings, as stated in the referral from the
Department of Public Works, dated May 16, 2007.
P. Portions of the proposed PUD lay in a Zone-A Flood Hazard Area, as shown
on the FEMA Flood Insurance Rate Map, dated September 28, 1982(FIRM
Community Panel Map #080266 0480C). All portions of all lots located in
the 100-year floodplain shall be designated as"No-build Zones"on the final
plat.
Q. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage for the Final Plan application. Front, rear, and side
slopes around building envelopes must be addressed. In addition, drainage
for rear and side lot line swales shall be considered. Building envelopes
must be planned to avoid stormwater flows, while taking into account
adjacent drainage mitigation.
R. Final drainage construction and erosion control plans (conforming to the
Drainage Report) stamped, signed, and dated by a Colorado registered
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professional engineer, shall be submitted with the Final Plan application.
These plans (Stormwater Management Plans) may be based on Urban
Drainage methodology.
S. The applicant shall address all other issues in the referral from the
Department of Public Works, dated May 16, 2007. Evidence that the
Department of Public Works' concerns have been addressed shall be
provided to the Department of Planning Services.
T. The applicant shall submit three (3) copies of the Covenants for Mackey
Circle. The Covenants shall be approved by the Weld County Attorney's
Office prior to recording the final plat.
U. 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.
7. Prior to recording the final plat:
A. The applicant shall submit evidence to the Department of Planning Services
that the required School District cash-in-lieu of land dedication fee has been
paid, as stated in the referral dated April 16, 2007.
B. As stated in the referral from the Department of Public Works, dated May
16, 2007, the applicant shall enter into an Improvements Agreement
According to Policy Regarding Collateral for Improvements. The agreement
shall be approved by the Board of County Commissioners.
C. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
D. The applicant shall submit the appropriate recording fee ($6.00 for the first
page and $5.00 for all others)and a deed which transfers ownership of the
outlot(s) to the Homeowners' Association.
E. The applicant shall submit finalized copies and the appropriate fee ($6.00
for the first page and $5.00 for each additional page)to the Department of
Planning Services for recording the Restrictive Covenants for Mackey Circle
in the Office of the Clerk and Recorder.
F. 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
2007-2521
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CHANGE OF ZONE#1130 FROM A(AGRICULTURAL)TO PUD - GARY, VICKY, BRYON, AND
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Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). Group 6 is not acceptable.
G. The applicant shall submit, to the Department of Planning Services,
evidence of the granting and recording of any easement deemed necessary
by either the County Attorney or the Department of Public Works
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of September, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W�OUNTY��RADO
ATTEST: add
avid E. Long, Chair
Weld County Clerk to th /
Pow
BY: n,, / William . Jer e Pro-Tern
De ty ClerkkJJJto the Board
Wi ' F. Garcia,` (�
APP E S TO
Robert D. Masden
my Attorney
ouglas ademach r
Date of signature: g/3Lf/(07
2007-2521
PL1922
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