HomeMy WebLinkAbout20072612.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ #1129, 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 7.071
ACRES OF OPEN SPACE - SERBOUSEK FAMILY, 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 5th day of September, 2007, at 10:00 a.m.
for the purpose of hearing the application of Serbousek Family, LLC, 7471 County Road 74,
Windsor, Colorado 80550, requesting Change of Zone, PZ#1129, 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 7.071 acres of open space, for a parcel of land located on the
following described real estate, to-wit:
Lot A of Recorded Exemption #4545; being located
in part of the E1/2SW1/4 of Section 32, Township 7
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Chris Serbousek, 7471 County Road 74,
Windsor, Colorado 80550, 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:
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CHANGE OF ZONE, PZ #1129, FROM A TO PUD - SERBOUSEK FAMILY, LLC
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1) Section 22-3-50.6.1 (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 applicant has
submitted a draft water service agreement with the North Weld
County Water District to service the proposed PUD with potable
water. 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.
1) Section 27-2-40, Bulk requirements - The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District for
the eight(8) residential lots, with the exception that no animal units,
as defined in Section 23-2-90 of the Weld County Code, will be
allowed.
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 the Weld Code." Approximately 20.2 percent of the
site is designated for common open space.
3) Section 27-6-90, Signage - The application indicates that the
proposed PUD monument sign will adhere to the sign standards
outlined in the Weld County Code. Subdivision signs must adhere
to the size standards of signs for public and quasi-public uses,which
is 32 square feet, per Section 23-4-80 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. This site is located within the three-mile referral
area of the Towns of Windsor and Severance. The proposed PUD is
located west of and adjacent to the incorporated limits of the Town of
Windsor, but is not located within the Urban Growth Boundary for the Town
of Windsor. The Town of Windsor, in the referral received July 10, 2007,
indicated the site is within Windsor's Growth Management Area and within
the boundaries of the East Side Sanitary Interceptor Plan (ESSIP). The
Town of Windsor Planning Commission recommends denial of this
application due to inconsistency with the Town of Windsor's land use map
and East Side Sanitary Interceptor Plan, and further recommends that the
applicant be referred to the Town of Windsor for annexation and
development. Town of Windsor sewer is presently located approximately
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2.5 miles southeast of the subject site. The Town of Windsor indicated that
several annexations have recently been approved that could possibly extend
sewer service west of State Highway 257 and further to the north. However,
the town cannot commit to specific timeframes or dates when sewer will be
available. Because this site is not located within the Urban Growth Boundary
for the Town of Windsor,the Urban Growth policies in regards to annexation
and compatibility with the adjacent municipality's comprehensive plan, as
stated in Section 22-2-110.C of the Weld County Code, do not apply. No
referral response was received from the Town of Severance.
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.
The applicant has submitted a draft Water Service Agreement with the North
Weld County Water District. A finalized water agreement will be required at
the final plan stage. The Division of Water Resources, in the referral
received June 18,2007, indicated the North Weld County Water District has
an adequate uncommitted water supply to provide water for this project.
The proposed development will be serviced by Individual Sewage Disposal
Systems.
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 proposed PUD will access off of County Road 74. The
Department of Public Works indicates, in the referral received July 19, 2007,
that County Road 74 is a strategic arterial roadway connecting Fort Collins,
Timnath, and Severance. Segments of this road to the east and west of the
proposed PUD have been widened to three, and some cases four, lanes
with speed limits in excess of 45 miles per hour. County Road 74, adjacent
to the proposed Homestead PUD, will eventually be four lanes. The
proposed traffic resulting from this development and the proposed access
to the Homestead PUD development creates a sight distance/road safety
problem on County Road 74 to the west of the proposed access. The
applicant is requesting to address this site condition with road plans that
mitigate the hazard for eastbound travelers on County Road 74 attempting
to turn into the proposed Homestead PUD development. In particular, The
Department of Public Works requests the applicant provide preliminary
designs for a developer-constructed County Road 74 turn lane for
east-bound traffic.
f. Section 27-6-120.D.5.f--The applicant is required to enter into an Off-Site
Road Improvements Agreement and post adequate collateral for
improvements to County Road 74. An On-Site Improvements Agreement
is required for improvements to the internal access. Draft On-Site and Off-
Site Improvements Agreements will be required to be submitted with the
Final Plan application.
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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.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District uses and the submitted 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. The Department of Public Works is requiring the widening of
County Road 74, which will require relocation of the detention pond and
structures possibly partially encroaching into the boundaries of the
proposed lots. Also, the applicant has not clarified the purpose of the
internal road connection to the north, and a finalized water agreement has
not been submitted for this development. For these reasons, this Change
of Zone will be conceptually approved and will be heard by the Board of
County Commissioners at the Final Plan stage.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Serbousek Family, LLC, for Change of Zone, PZ#1129,
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 7.071 acres 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-1129.
2) Weld County's Right to Farm Statement, as provided in
Appendix 22-E of the Weld County Code, shall be placed on any
recorded 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 (two 12-foot paved lanes with
4-foot gravel shoulders) shall be indicated on the plat.
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B. The applicant shall attempt to address the requirements of the
Windsor-Severance Fire Protection District,as stated in the referral received
June 25, 2007. Written evidence of such shall be provided to the
Department of Planning Services.
C. The applicant shall attempt to address the requirements and
recommendations of the Town of Windsor, as stated in the referral received
July 10, 2007. Written evidence of such shall be submitted to the
Department of Planning Services.
D. The applicant shall address the requirements of the Weld County Sheriffs
Office, as stated in the referral received July 3, 2007. Written evidence of
such shall be submitted to the Department of Planning Services.
E. The applicant shall submit a finalized and recorded agreement with the Lake
Lee Lateral Ditch, or submit evidence of an adequate attempt to address
the ditch company's concerns to the Department of Planning Services.
F. The applicant shall submit two (2) 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#1129, 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 7.071 acres of open space. The PUD
will be subject to, and governed by, the Conditions of Approval stated
hereon and all applicable Weld County regulations. The E (Estate) zoned
lots shall comply with all E (Estate) Zone requirements, with the exception
that no animal units, as defined in Section 23-1-90 of the Weld County
Code, will be allowed.
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. Weld County's Right to Farm Statement, as delineated on this plat, shall be
recognized at all times.
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 North Weld County Water District.
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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
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.
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.
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.
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. Prior to the release of building permits, the lot owner shall verify with the
nearest municipality or Sanitation District to determine the location of the
nearest sanitary sewer line. In accordance with the Weld County Code, if
a sewer line exists within four hundred (400) feet of the property line, and
the sewer provider is willing to serve the proposed structure, a septic permit
cannot be granted by the Weld County Department of Public Health and
Environment. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
L. A separate building permit shall be obtained prior to the construction of any
structure.
M. A plan review is required for each building for which a building permit is
required. Two complete sets of plans are required when applying for each
building permit. Residential building plans may be required to bear the wet
stamp of a Colorado registered architect or engineer.
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N. Buildings shall conform to the requirements of the various codes adopted
at the time of permit application. Currently,the following have been adopted
by Weld County: 2006 International Residential Code, 2006 International
Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code,2006 International Fuel Gas Code, 2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
O. Each residential 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.
P. 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, which includes setbacks to oil and gas production facilities.
Q. 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.
R. 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.
S. Building height shall be measured in accordance with the 2006 International
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 of the building. Property lines shall be clearly
identified, and all property pins shall be staked prior to the first site
inspection.
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.
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W. The site shall maintain compliance, at all times, with the requirements of
Weld County Government and the adopted Weld County Code and policies.
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.
Y. 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.
Z. 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 .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).
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
Section 27-6-90.E.1 of the Weld County Code, for review and approval.
B. The applicant shall submit development Covenants for Homestead PUD.
The Covenants shall address the maintenance of the drainage easement to
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be located on Lot B of Recorded Exemption #4545. The Covenants shall
also address signage requirements and refer to the Weld County Code.
C. Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less than 3.5 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
Section 24-7-60 of the Weld County Code 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 Windsor-Severance Fire Protection District,the Weld County Sheriffs
Office, the Weld County Paramedic Service, and the 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 Department at
(970) 356-4000, Ext. 3770, to develop a Weed Management Plan. The
approved plan shall be included in the Final Plan application.
I. The applicant shall address the requirements of the Department of Planning
Services Landscaping referral, dated May 31, 2007. Written evidence of
such shall be provided to the Department of Planning Services.
J. The applicant shall submit an executed agreement securing water from the
North Weld County 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.
K. The proposed internal road layout indicates a 60-foot right-of-way
connection to the property to the north of the proposed subdivision site. The
property to the north presently consists of one (1) single-family residence.
The standard right-of-way required for connection to an existing residential
property is 30 feet. The applicant shall provide written clarification regarding
the use of this road connection (i.e., is it for existing uses, is it for the future
development of the adjacent lot to the north?).
L. The applicant shall address and resolve the requirements of the Department
of Public Works, as stated in the referral dated July 18, 2007. Written
evidence of such shall be provided to the Department of Planning Services.
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M. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for (on-site) Improvements with the Final Plan
application. The 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.
N. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for (off-site) Improvements with the Final Plan
application. The 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.
O. The applicant shall provide information in regards to the location of the
nearest Town of Windsor sewer line in reference to this proposed
development.
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 indicating
the Homeowners' Association has been formed and registered with the
State.
C. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for (on-site) Improvements. This agreement
shall be approved by the Board of County Commissioners.
D. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for (off-site) Improvements. This agreement
shall be approved by the Board of County Commissioners.
E. The applicant shall provide evidence of the fee-in-lieu of land dedication, as
stated in the referral from Windsor School District RE-4, dated June 18,
2007, and that the remaining requirements of School District RE-4 have
been addressed.
F. The applicant is proposing a drainage easement to be located on Lot B of
Recorded Exemption #4545. The applicant shall obtain a perpetual
drainage easement to accept Homestead PUD runoff at this location.
Evidence of such shall be provided to the Departments of Public Works and
Planning Services.
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G. 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 Tracts A, B, and C have been deeded to the
Homeowners' Association.
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.
n~� BOA D OF COUNTY COMMISSIONERS
/Jf g ` WEOYO DO
ATTEST: Pocid ! y1
" < _�'/' David E. Long, Chair
Weld County Clerk to the-Board 2,-;,,.. , Z-1:11 1-2
1 ; AJ �a . Willie rm
De ty Cle to the Boart
W• iam F. Garcia
RO DASTO 3 ‘ %\ r
R bent D. Masden
ttorney un ..Ac—
Douglas demacher
•
Date of signature: Phi(7
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