HomeMy WebLinkAbout20062775.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE,PZ#1094,FROM A(AGRICULT L)ZO DISTRICT
TO PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT- R
WHEREAS,the Board of County Commissioners of Wel nty, lorado,pursuant to
Colorado statute and the Weld County Home Rule Charter,is ste ith the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,a public hearing was held on the 1s ay of No mber,2006,at 10:00 a.m.for
the purpose of hearing the application of Ed Orr,82 h Stre t,Greeley,Colorado 80631,
requesting Change of Zone,PZ#1094,from the A(A ricult e District to the PUD(Planned
Unit Development)Zone District for nine(9)resi ti is with E(Estate)Zone uses,along with
continuing oil and gas production and 32.23 acr s of open ace,fora parcel of land located on the
following described real estate,to-wit:
Part of the W1/2 NE1/4, south of the Greeley
Canal No. 2: in ection 2 , Township 6 North,
Range 66 Wes of the 6 h P.M., Weld County,
Colorado
WHEREAS,the applican as repr sented by Robb Casseday,Casseday Creative
Designs,LLC,55 South Elm Av ue,Suit 210,Eaton,Colorado 80615,and
WHEREAS,Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone,an
WHEREAS,the B rd of Coun Commissioners heard all the testimony and statements
of those present,studied th request o he applicant and the recommendation of the Weld County
Planning Commis' and,h ' en fully informed,finds that this request shall be approved for
the following re ons:
1. e pplican has complied with all the application requirements listed in
S ion 27-5- of the Weld County Code.
The reque is in conformance with Section 27-6-120.D as follows:
ection 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.
Qr". 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
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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. The Final Plan
application will be Adm inistratively reviewed by the Department of Planning
Services.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ed Orr for Change of Zone, PZ #1094, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9)
residential lots with E(Estate)Zone uses, along with continuing oil and gas production and 32.23
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-1094.
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2) State Highway 392 is under the jurisdiction and maintenance of the
Colorado Department of Transportation(CDOT). The applicant shall
verify the existing rights-of-way and documents creating the
right-of-way, and it shall be noted on the Change of Zone plat.
3) 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.
4) Front,side,and rear utility easements are not required to be indicated
on the Change of Zone plat and shall be removed.
5) The approved road cross-section (two 12-foot paved lanes with
4-foot gravel shoulders) shall be indicated on the plat.
6) The reception number for the 20-foot wide gas pipeline easement on
the plat shall be corrected from "0194673" to "1946743".
7) The plat shall show the southern oil and gas drilling window, an
access easement, and appropriate operations areas to provide
access to operations by the appropriate oil and gas company within
the drilling window.
B. The applicant shall attempt to address the requirements and
recommendations of the West Greeley Soil Conservation District,as stated
in the referral received December 8, 2005. 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 City of Greeley, as stated in the referral received
December 15, 2005. Written evidence of such shall be submitted to the
Department of Planning Services.
D. 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. The Change of Zone, PZ#1094, 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 E(Estate)
lots shall comply with all E(Estate)Zone requirements,with the exception
of the setback for the bus shelter.
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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 Section 23-4-80 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 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. 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 100-foot
setback to any well.
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 atwww.cdphe.state.co.us/wq/PermitsUnit for more
information.
J. 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.
K. 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.
L. If land development creates more than a 25-acre contiguous disturbance,or
exceeds six (6) months in duration, the responsible party shall prepare a
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Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
M. A separate building permit shall be obtained prior to the construction of any
structure.
N. 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.
O. 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: 2003 International Residential Code, 2003 International
Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code,2003 International Fuel Gas Code,2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
P. 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.
Q. 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, this includes setbacks to oil and gas production facilities.
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
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.
T. Building height shall be measured in accordance with the 2003 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.
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U. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
V. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
W. 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 standards stated herein and all applicable
Weld County regulations.
X. The site shall maintain compliance,at all times,with the requirements of the
Weld County Government and the adopted Weld County Code and policies.
Y. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
Z. 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,ata public hearing revoke the PUD Zone District and order the recorded
PUD Zone District reverted to the original Zone District.
AA. 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 thirty (30) 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).
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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. Prior to Final Plan submission:
A. At least 28 days prior to submittal of the Final Plan application,the applicant
shall submit the following information to the Department of Public Works:
1) Stamped, signed, and dated final plat drawings and
roadway/construction and grading plan drawings for review and
approval. Construction details must be included. Stop signs and
streetway sign locations must be shown on the final roadway
construction plans. The current edition of the Manual on Uniform
Traffic Control Devices (MUTCD) shall govern the signing plan.
2) Stamped, signed, and dated final plat drawings and roadway/
construction and grading plan drawings for review with the Final Plan
application and approval. Construction details must be included.
3) Final drainage construction and erosion control plans(conforming to
the Drainage Report)stamped,signed,and dated by a professional
engineer licensed in the State of Colorado shall be submitted with the
Final Plan application. These plans(Stormwater Management Plans)
may be based on urban drainage methodology. The Final Drainage
Report must include the following:
a) 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.
b. 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 storm existing
condition.
4) 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 stormwaterflows,while
taking into account adjacent drainage mitigation.
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6. 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 an On-Site(Private) Improvements Agreement
that addresses all improvements associated with this development for
review and approval.
C. The applicant shall submit development Covenants for New Cache Estates
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 should also note that future owners of Lots 4,5,6,and 7 are
subject to the requirements of the pipeline right-of-way grant recorded under
Reception No. 01946743. The Covenants shall also address signage
requirements and refer to the Weld County Code.
D. 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.
E. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
F. Easements shall be delineated on the final plat in accordance with Weld
County standards (Section 24-7-60 of the Weld County Code) and
recommendations of the Utilities Coordinating Advisory Committee.
G. 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 Eaton Fire Protection District, Weld County Sheriffs Office, Weld
County Paramedic Service, and the Post Office.
H. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners' Association for review and approval.
I. 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.
J. The applicant shall address the requirements of the Department of Planning
Services Landscaping Referral dated January 29, 2006. Written evidence
of such shall be provided to the Department of Planning Services.
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7. 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 Eaton School District RE-2, and that the remaining
requirements of the RE-2 School District have been addressed.
F. The applicant shall provide copies of a signed final agreement with the North
Weld County Water District.
G. The applicant shall provide copies of a signed final copy of the Augmentation
and Easement Agreement between the applicant and the Lower Poudre
Augmentation Company.
H. 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).
8. Prior to release of collateral:
A. Evidence shall be provided that the Outlots 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 1st day of November, A.D., 2006.
BOARD OF C NTY COMMISSIONERS
lts�L` ELt WELD COU , COLORADO
ATTEST: gel�., ': ��G� ele-'
1861 cy `` '.4* M. eile, Chair
Weld ounty Clerk to th;Bo ' u /'
BY: ,ra ,. 4 1 � David E. Long, Pro-Tem
Depu lerk t• he Board
William H. Jerke
APPROVED AS TO FORM: EXCUSED
Robert_Q. Masden
V� ppi� u J l
A_551--,Cou j Att y µ 0 �^ - P
U Glenn Vaad
Date of signature: i ll24(o
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