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HomeMy WebLinkAbout20071343.tiff RESOLUTION RE: GRANT CHANGE OF ZONE, PZ#1120, FROM A(AGRICULTURAL)ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) RESIDENTIAL LOTS WITH E (ESTATE)ZONE USES (WITH THE EXCEPTION THAT USES BY RIGHT ANDACCESSORY USES BE RESTRICTED TO THE FOLLOWING: ONE(1)SINGLE FAMILY DWELLING PER LOT;ACCESSORYUSES FOR GARAGES, CARPORTS, AND PARKING AREAS; SWIMMING POOLS, TENNIS, AND SIMILAR RECREATIONAL FACILITIES; SERVICE BUILDINGS AND FACILITIES; AND ANY OTHER STRUCTURE OR USE CLEARLYINCIDENTAL AND ACCESSORYTO A USE ALLOWED BY RIGHT; AND THAT NO ANIMAL UNITS, AS DEFINED IN SECTION 23-1-90 OF THE WELD COUNTY CODE BE ALLOWED)ALONG WITH 7.55 ACRES OF OPEN SPACE -WILLARD AND LINDA OWENS 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 6th day of June, 2007, at 10:00 a.m. for the purpose of hearing the application of Willard and Linda Owens, 3525 Diane Place, Greeley, Colorado 80634,requesting Change of Zone, PZ#1120,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine(9)residential lots with E(Estate)Zone uses (with the exception that Uses by Right and Accessory Uses be restricted to the following: one (1) single family dwelling per lot; accessory uses for garages, carports,and parking areas; swimming pools, tennis, and similar recreational facilities; service buildings and facilities; and any other structure or use clearly incidental and accessory to a Use Allowed by Right; and that no animal units,as defined in Section 23-1-90 of the Weld County Code be allowed)along with 7.55 acres of open space, for a parcel of land located on the following described real estate, to-wit: Lot B of Recorded Exemption#3479;being part of the E1/2NE1/4 of Section 23, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS,the applicant was represented by David L. Shoup Consulting, 1060 Milano Point#1123, Colorado Springs, Colorado 80921, 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. 2007-1343 PL1897 efi; 4, pw, �t_�)�nF� ,Po 09-0-C-- 0 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARDAND LINDAOWENS PAGE 2 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 Planned Unit Development,and Chapters 19,22,23,24,and 26 of the Weld County Code. b. Section 27-6-120.D.5.b -- The uses which will be allowed on the subject property will conform to the Performance Standards outlined in Chapter27, Article II, 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 Zone District and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. d. Section 27-6-120.D.5.d--There is evidence that adequate public water and sewer will be made available to the site to serve the uses permitted within the proposed Planned Unit Development in compliance with the Performance Standards in Chapter 27, Article II, of the Weld County Code. 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 in the proposed Zone District. f. Section 27-6-120.D.5.f--In the event the street or highway facilities are not adequate, the applicant will supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Section of Chapters 22,24,and 26, if applicable. This shall be shown by submitting, with the Planned Unit Development Zone District application, a separate proposal for on-site and off-site road improvements. This proposal shall describe, in detail,the type of on-site improvements in compliance with Section 24-9-10 and off-site road improvements in compliance with Section 24-9-20, to determine if the requirement for street or highway facilities providing access to the property has been satisfied. The method of guarantee shall conform with the County's policy regarding collateral for improvements. g. Section 27-6-120.D.5.g --There has been compliance with the applicable requirement contained in Chapter23 regarding overlay districts,commercial mineral deposits, and soil conditions on the subject site. h. Section 27-6-120.D.5.h--Consistency exists between the proposed Zone District uses and the Specific Development Guide. 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARDAND LINDAOWENS PAGE 3 NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application of Willard and Linda Owens for Change of Zone, PZ#1120, from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine (9)residential lots with E(Estate)Zone uses(with the exception that Uses by Right and Accessory Uses be restricted to the following: one (1) single family dwelling per lot; accessory uses for garages, carports, and parking areas; swimming pools, tennis, and similar recreational facilities; service buildings and facilities; and any other structure or use clearly incidental and accessory to a Use Allowed by Right;and that no animal units,as defined in Section 23-1-90 of the Weld County Code be allowed)along with 7.55 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-1120. 2) Stagecoach Road(County Road 23)is classified as a collector road. The collector minimum right-of-way of 40 feet from centerline shall be dedicated on the Change of Zone plat to the southern boundary of the PUD. 3) The approved road cross-section (two 12-foot paved lanes with 4-foot gravel shoulders) shall be indicated on the plat. 4) The right-of-way documentation for the Greeley No.2 Canal shall be indicated. 5) The public trail easement between the Town of Windsor and the Greeley No. 2 canal shall be indicated. B. The applicant shall address the requirements and recommendations of the Weld County Sheriffs Office,as stated in the referral received April 2,2007. 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 March 5, 2007. Written evidence of such shall be submitted to the Department of Planning Services. D. The applicant shall address the requirements and recommendations of the Weld County Paramedic Service,as stated in the referral received March 30, 2007. Written evidence of such shall be provided to the Department of Planning Services. 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARDAND LINDAOWENS PAGE 4 E. The applicant shall address the requirements and recommendations of the Department of Planning Services, as stated in the landscape referral received February 19,2007, in regards to clarifying water supply provisions for fire protection and potable/non-potable water supplies. Written evidence of such shall be provided to the Department of Planning Services. F. The applicant shall attempt to address the requirements and recommendations of the New Cache La Poudre Irrigating Company/Cache La Poudre Reservoir Company, as stated in the referral received February 15, 2007. Written evidence of such shall be submitted to the Department of Planning Services. G. The applicant shall address the requirements and recommendations of the Department of Public Works, as stated in the referral received March 9, 2007. Written evidence of such shall be provided to the Department of Planning Services. H. 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 can be delineated on the plat in accordance with State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. The applicant shall address the requirements and recommendations of the Department of Public Health and Environment, as stated in the referral received March 12,2007. Written evidence of such shall be provided to the Department of Planning Services. J. The applicant shall submit verification that any requirements of the Windsor/Severance Fire Protection District, if any, have been addressed. K. 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#1120, 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 as indicated in the application materials on file. The PUD will be subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. The residential lots shall comply with all E (Estate)Zone requirements (with the exception of Uses by Right and Accessory Uses being restricted to the following: one (1)single-family dwelling per lot; accessory uses for garages, carports and 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARD AND LINDA OWENS PAGE 5 parking areas; swimming pools, tennis, and similar recreational facilities; service buildings and facilities; and any other structure or use clearly incidental and accessory to a Use Allowed by Right;and that no animal units, as defined in Section 23-1-90 of the Weld County Code, be allowed)along with 7.55 acres of open space. 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 the 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. F. 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. 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. G. Activities such as permanent landscaping,structures,dirt mounds, or other items are expressly prohibited in the absorption field site. H. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks, including the 50-foot setback to any irrigation ditch. 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. J. 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 Quality Control Division of the Colorado Department of 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARD AND LINDAOWENS PAGE 6 Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnitfor more information. K. 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. L. 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. M. 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. N. A separate building permit shall be obtained prior to the construction of any structure, including signs. O. 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. P. 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. Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. R. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. S. 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 Development Standards stated herein and all applicable Weld County regulations. T. The site shall maintain compliance, at all times,with the requirements of the Weld County Government and the adopted Weld County Code and policies. U. No development activity shall commence on the property, nor shall any building permits be issued, until the Final Plan has been approved and recorded. 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARD AND LINDA OWENS PAGE 7 V. 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. W. 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 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. If a PUD entrance sign is proposed, its location shall be indicated on the final plat. The entrance sign shall be placed on an outlot under the jurisdiction of the Homeowners' Association. B. The applicant shall submit an On-site (Private) Improvements Agreement that addresses all improvements associated with the development for review and approval. 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARDAND LINDAOWENS PAGE 8 C. The applicant shall submit an Off-site(Public)Improvements Agreement(for improvements to County Road 23) that addresses all improvements associated with the development for review and approval. D. The applicant shall submit development Covenants for Sunset PUD. 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. The Covenants shall also address signage requirements and refer to the Weld County Code. E. 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. F. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks, including the 50-foot setback to any irrigation ditch. G. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the Weld County Code. H. Easements shall be delineated on the final plat in accordance with County standards(Section 24-7-60)and Utilities Coordinating Advisory Committee recommendations. 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, Weld County Sheriffs Office, Weld County Paramedic Service, and U.S. Post Office. J. The applicant shall submit three (3) copies of the Bylaws and Articles of Incorporation for the Homeowners' Association for review and approval. K. The applicant shall contact the Vegetation Weed Management Specialist with the Weld County Department of Public Works at(970)356-4000, Ext.3770, to develop a Weed Management Plan. The approved plan shall be included in the Final Plan application. L. The applicant shall address the landscaping referral requirements of the Department of Planning Services, dated February 19, 2007. Written evidence of such shall be provided to the Department of Planning Services. M. The applicant shall address the requirements and recommendations of the Weld County Sheriffs Office, as stated in the referral received February 26, 2007. Written evidence of such shall be provided to the Department of Planning Services. 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARDAND LINDAOWENS PAGE 9 N. The applicant shall submit stamped, signed, and dated final plat drawings and roadway/construction and grading plan drawings, with the final plan application,to the Weld County Department of Public Works for review and approval. Construction details must be included. O. A Final Drainage Report stamped,signed,and dated by a Colorado licensed professional engineer, shall be submitted with the final application. The 5-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 5-year s torm existing condition. 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 FEMA map. P. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final 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. Q. 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. R. The applicant shall refer to the Weld County Storm Drainage Criteria Addendum to Urban Drainage for all Change of Zone and Final Plan drainage requirements. S. The applicant shall provide appropriate erosion control at pipe outlets and inlets, overflow areas, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Design calculations must be provided to support the selection of any, and all, erosion control measures, and must demonstrate that the proposed designs provide stable channel conditions prior to the establishment of vegetation. 1) Add rock riprap protection at all culvert outlets for the final drainage plans, and include rock size (D50) and apron limits (length, width, and thickness). Utilize UD&FCD methods, and include all design calculations and/or spreadsheets in the report appendix. 2) A self-launching termination key with a design detail is required for rock riprap protection. Follow guidance provided in the USDCM, Chapter 4.4.2.4 (UD&FCD 2001). Another useful guide may be HEC-11, Chapter 2 (FHWA 1989). 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARDAND LINDAOWENS PAGE 10 3) Specify an appropriate geo-textile filter fabric under the rock. The geo-textile shall be identified by a product name and number, or approved equal. The selected product shall be fully documented with manufacturer specifications and installation procedures,drawings, and details. T. The applicant shall utilize engineering calculations to determine all conveyance swales and channels in the subdivision are stable under proposed hydraulic conditions. U. The applicant shall add the following note to the text of the Final Drainage Report and to the notes on the Final Plat: "Weld County will not be responsible for the maintenance of drainage related areas." V. All culverts must be analyzed using UD-Culvert, HY-8, HEC-RAS, CulvertMaster,or other approved programs that adhere to HDS-5 guidelines (FHWA 2005). W. All culvert inlets shall include debris racks to prevent clogging due to debris accumulation and to protect the public safety. Debris racks shall be sloped at 3H:1V or flatter per UD&FCD research. X. The applicant shall provide an emergency spillway on all proposed detention ponds. 1) A typical cross section of the emergency overflow crest must be provided on construction plan sheets with point elevations and slopes. 2) The depth of flow out of the spillway shall be six(6) inches, or less, and the spillway shall have effective erosion protection supported by calculations. 3) A spillway cutoff wall is required for each detention pond to prevent possible breach during the major 100-year storm event. 4) The elevation of the top of the spillway embankment and of the lowest finished floor of all proposed building structures shall be a minimum of one (1) foot above the 100-year water surface elevation in the detention pond. 5) Each spillway shall have adequate erosion protection to prevent erosion during operation. Y. Re-vegetation of all disturbed earth shall comply with all standards defined in the Re-vegetation section of the Weld County Storm Drainage Criteria, dated February 2006. 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARD AND LINDAOWENS PAGE 11 Z. A dedicated drainage easement is required for all on-site drainage areas inundated by the 100-year storm event. The applicant shall identify and dimension all drainage easements on all plan sheets submitted with the Final Drainage Report. AA. A standard detail sheet for all drainage and erosion control features must be provided as part of the construction plan set. BB. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant and the North Weld County Water District for service to the PUD. 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 enter into an On-site Improvements Agreement According to Policy Regarding Collateral for Improvements. This agreement shall be approved by the Board of County Commissioners. D. The applicant shall enter into an Off-site Improvements Agreement According to Policy Regarding Collateral for Improvements. This agreement shall be approved by the Board of County Commissioners. E. The applicant shall provide evidence that the Voluntary Capital Mitigation Fee has been paid, along with the fee in lieu of land dedication, as stated in the agreement with Weld County School District RE-4, and that the remaining requirements of the School District have been addressed. 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 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 tracts have been deeded to the Homeowners' Association. 2007-1343 PL1897 CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARD AND LINDAOWENS PAGE 12 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 6th day of June, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: i" 1f ,/ et EXCUSED ��// David E. Long, Chair Weld County Clerk to th:�:• L, Willia Jerfc/ , •r. em BY: D=. ty CI to the Boar• W iam F. Garcia 71>frED ASj 1\1\4 Robert D. asden Co my A orney ,,,vwk,Q/" '�'0 Douglas ademacher Date of signature: 2007-1343 PL1897 Hello