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.
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CHANGE OF ZONE#1120 FROM A(AGRICULTURAL)TO PUD-WILLARDAND LINDAOWENS
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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.
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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.
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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
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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
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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.
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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.
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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.
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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).
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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.
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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.
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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
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