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HomeMy WebLinkAbout20060198.tiff RESOLUTION RE: GRANT CHANGE OF ZONE, PZ #545, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 38 RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES - WIPO, LLC, CIO BRET LARIMER 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 1st day of February, 2006, at 10:00 a.m., for the purpose of hearing the application of WIPO, LLC,do Bret Larimer, 1600 West Horsetooth Road, Fort Collins,Colorado 80526, requesting Change of Zone, PZ#545,from the A(Agricultural)Zone District to a PUD (Planned Unit Development)Zone District for 38 residential lots with E (Estate) Zone uses, for a parcel of land located on the following described real estate, to-wit: Lot B of Second Amended Recorded Exemption #1452; being part of the SW1/4 of Section 4, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing the Board deemed it advisable to continue the matter to February 22, 2006, at 10:00 a.m., to allow the applicant adequate time to revise the Waste Management Handbook to the satisfaction of the Department of Public Health and Environment,and WHEREAS, on February 22, 2006, the applicant was represented by Bret Larimer, 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 recommendations 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 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 Chapter 27, Article II, of the Weld County Code. 2006-0198 j 7Tzh _ "L--"F" PL1 819 60 3 : Pte, �'�� � ,� CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 2 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 Chapter 23 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 or Conceptual Development Guide. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application of WIPO, LLC for a Change of Zone from the A(Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 38 residential lots with E(Estate)Zone uses,on the above referenced parcel of land be,and hereby is,granted subject to the following conditions: 1. The Change of Zone plat shall meet all requirements of Section 27-9-20 and shall be amended to delineate the following: A. 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. 2006-0198 PL1819 CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 3 B. Primary and secondary septic system envelopes shall be designated on the plat. Each envelope must meet minimum current setbacks as specified in the Weld County Individual Sewage Disposal System(I.S.D.S.)Regulations. C. The applicant has located primary and secondary septic envelopes on most lots of the Site Plan Exhibit that appear to meet all setback requirements, with the exception of the following: 1) Lots 1 and 37 have only one envelope. 2) Lots 34 through 36 have no envelopes. 3) Lots 1-4, 27-33, and 37-38 have one or more envelope in the easement. 4) Lots 30 and 31 envelopes are over 100 feet long by scale. 5) Lots 17-21,24-26,and 30-31 have long,narrow envelopes and may be impractical for the installation of a trench system. D. The Landscape Plan and Maintenance Schedule, as approved by the Department of Planning Services,which shall adhere to the requirements of Section 27-6-60 of the Weld County Code. The Landscape Plan shall be delineated in a legible font for all call-outs with the Plant Material List, including botanical name, common name, species as applicable, size of material, and whether it is can or balled and burlapped. E. The location of the bus pull-off/pull-out area and bus shelter,as required by Weld County School District RE-4. F. The location of the mail box facility,as required by the local postal authority. G. The location of the subdivision sign. H. The secondary emergency access easement, as required by the Windsor-Severance Fire Protection District. Internal roads are required to meet Weld County criteria for a Planned Unit Development. The internal road right-of-way shall be sixty(60)feet in width, including cul-de-sacs with a sixty-five(65)foot radius, and dedicated to the public. The cul-de-sac edge of pavement radius shall be fifty (50) feet. J. The typical section of interior roadway shall be shown as two 12-foot paved lanes with curb, gutter, and sidewalk associated with an urban scale development on the Change of Zone plat. The right-of-way for the internal roadway shall be shown on the Change of Zone plat. K. The maximum 1,500-foot block length has been exceeded in the south loop of the internal roadway,therefore,the Department of Public Works suggests the use of an eyebrow turn-around between Lots 35 and 36. If the applicant 2006-0198 PL1819 CHANGE OF ZONE #PZ#545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 4 does not wish to install a turn-around,the local emergency response districts shall be contacted and shall approve the proposed configuration. 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 Planned Unit Development shall consist of thirty-eight(38)residential lots and 25.55 acres of common open space. The Change of Zone allows for E (Estate)Zone District bulk requirements, except for the minimum lot size of 1.0 acre and development sign standards, as indicated in the application materials on file and subject to,and governed by,the Conditions of Approval stated hereon and all applicable Weld County regulations. B. Water service shall be provided by the North Weld County Water District. C. The Planned Unit Development is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment,Water Quality Control Division,and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Septic systems shall be designed for site-specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. D. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setback requirements. E. At the Final Plan, the Covenants shall include activities such as permanent landscaping, structures, dirt mounds or other items that are expressly prohibited in the absorption field site. F. If required, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment,Water Quality Control Division. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. G. During development of the site,all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. H. In accordance with the Regulations of the Colorado Air Quality Control Commission,any development that disturbs more than five(5)acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 2006-0198 PL1819 CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 5 If land development creates more than a 25-acre contiguous disturbance,or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. J. A Homeowners'Association (HOA)shall be established prior to the sale of any lot. Membership in the HOA is mandatory for each parcel owner. The HOA is responsible for liability insurance, taxes and maintenance of open space,streets, private utilities,and other facilities. Open space restrictions are permanent. K. The site shall maintain compliance at all times with the requirements of Weld County Government. L. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. M. A separate building permit shall be obtained prior to the construction of any structure, including any future entry way. Permits are required for any sign, bus shelter, or access gate, if provided. 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 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 Codes adopted by Weld County at the time of permit application. Current adopted codes include the 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. 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 the Weld County Code. Q. Each residential building will require an engineered foundation based on a Site-Specific Geotechnical Report or an"open hole"inspection conducted by a Colorado registered professional engineer. Engineered foundations shall be designed bya Colorado professional engineer registered in the State of Colorado. R. 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 2006-0198 PL1819 CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 6 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 to determine compliance with offset and setback requirements. Offset and setbacks are measured from the farthest projection from the building. Property lines shall be clearly identified,and all property pins shall be staked prior to the first site inspection. S. Any signs located on the property shall require building permits and adhere to Section 27-6-90 of the Weld County Code. T. The property owner shall be responsible for complying with all regulations and requirements of Chapter 27 of the Weld County Code including the Performance Standards listed in Articles II and VIII. U. 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. V. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan-Ifa 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 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. 3. Prior to recording the Change of Zone Plat: A. The applicant shall submit a signed agreement with the Windsor Reservoir and Canal Company for stormwater and stormwater discharge into the Springer Ditch. Further,the applicant shall submit a Site-Specific Drainage Plan to the Windsor Reservoir and Canal Company and obtain approval in writing on either the letterhead of the Ditch Company or its legal counsel,The Dow Law Firm, LLC, of Fort Collins, Colorado. Written evidence of such shall be submitted to the Department of Planning Services. B. The application materials state the minimum septic envelope of 6,000 square feet has been delineated on the Septic Location Plan. The Department of 2006-0198 PL1819 CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 7 Public Health and Environment is not in receipt of this titled document. The Site Plan Exhibit has primary and secondary septic envelopes on average of 2,000 square feet. Written evidence of such shall be submitted to the Department of Planning Services. C. The applicant shall provide evidence from the North Weld County Water District that the District has the ability to provide service for thirty-eight(38) residential lots, and also provide for a loop water system for fire flow. The application materials state the North Weld County Water District will provide for thirty-six water taps. Written evidence of such shall be submitted to the Department of Planning Services. D. The applicant shall submit evidence of an agreement with the property's mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site, or show evidence that an adequate attempt has been made to mitigate their concerns. Additionally, this agreement shall address the use of oil and gas setback areas. Weld County regulations do not prohibit the use of oil and gas setback areas for open space uses. The setback from oil and gas encumbrances in an urban scale development is three hundred fifty(350)feet. This distance is more compatible with the Residential Zone District, given the related health and safety issues of an urban scale and urban density development proposed here. E. The applicant shall provide documentation demonstrating how the efficiency and nutrient reduction of the proposed enhancements will improve the quality of the effluent over standard systems. The intent of the study should be to demonstrate that the impact on local water quality of the septic system at the proposed densities is less than or comparable to septic systems on densities of 2.5 acres,or greater. This documentation shall be submitted to the Department of Public Health and Environment,for review and approval, priorto recording the Change of Zone plat. Written evidence of such shall be submitted to the Department of Planning Services. F. A Septic System Management Plan shall be submitted to the Weld County Department of Public Health and Environment for review and approval. Written evidence of such shall be submitted to the Department of Planning Services. G. The applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, .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. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code and shall specifically address the following: 2006-0198 PL1819 CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 8 A. Since the proposed uses differ between the Change of Zone and Specific Development Guide, additional review of the Final Plan by the Board of County Commissioners is warranted at a public hearing, in accordance with Section 27-6-20.6 of the Weld County Code. B. The Final Plan application shall specify the Homeowners' Association method of trail, open space, and/or landscape maintenance in accordance with the approved Landscape Plan. C. The Covenants for the Planned Unit Development shall be approved by the Weld County Attorney's Office prior to recording the final plat. Ataminimum, the Covenants shall address the issue of placement of landscape materials and other encumbrances over primary or secondary leach fields,as outlined in the referral received from the Weld County Department of Public Health and Environment. D. 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,animal husbandry activities,or other activities that would interfere with the construction, maintenance, or function of the fields, should be restricted over the absorption field areas while in use. 5. Prior to submittal of the Final Plan plat: A. 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). B. The applicant shall provide written evidence from Weld County School District RE-4 (Windsor-Severance) which indicates that all District requirements have been met. C. State Highway 257 is a paved two-lane road. The applicant will be required to build any necessary improvements to State Highway 257 directly resulting from impacts of the proposed development. The applicant shall submit an Improvements Agreement and any roadway plans with the final plat materials. Additionally, the applicant may be asked to enter into an agreement with the County to proportionately share the cost of improvements as a result of increased traffic impacts. The costs will be based on a proportion of the traffic generated by the development to existing traffic. A detailed Traffic Impact Study will be reviewed. The applicant must submit any proposed Off-Site Agreement with the Final Plan application. This development will add approximately 363 daily vehicle trips to the Weld County roadway system. 2006-0198 PL1819 CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 9 D. The applicant shall submit paperwork addressing the creation of the Homeowners' Association for Falcon Ridge PUD. E. The right-of-way for the internal roadway shall be dedicated to the County. F. The applicant shall submit approval of preliminary addresses and the street name from the Postal Service, Fire District, Paramedic Services, and Sheriffs Office. G. The applicant shall provide for a bus stop/pick up area at the entrance to Falcon Ridge PUD or provide written evidence from Weld County School District RE-4, Weld County Sheriff's Office, and Postal Service indicating that an alternative was preferred. H. The applicant shall prepare a pavement design prepared by a professional engineer submitted with the Final Plan materials. Easements shall be shown on the final plat in accordance with County standards (Section 24-7-60) and/or Utilities Coordinating Advisory Committee recommendation. J. Intersection sight distance triangles at the development entrance(s)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. K. The applicant shall provide the Department of Public Works with stamped, signed,and dated final plat drawings and roadway/construction and grading plan drawings for review with the Final Plan application. Construction details must be included. L. Stop signs and street name signs will be required at all intersections and shown as a Signage Plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices (MUTCD) shall govern the Signage Plan. M. A Final Drainage Report, stamped, signed, and dated by a professional engineer licensed in the State of Colorado,shall be submitted with the Final Plan application materials. N. 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. The engineer will be required to show stormwater (detention) detailed calculations in the sealed Final Drainage Report. 2006-0198 PL1819 CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 10 O. The Final Drainage Report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FIRM map. P. The applicant must show the proposed detention facility and corresponding easement on the Final Plan materials. The maintenance of the detention pond shall be addressed. Q. The Drainage Report shall address the concerns expressed by the Windsor Reservoir and Canal Company in the letter submitted with the Change of Zone application by The Dow Law Firm, LLC, dated June 7, 2005. R. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the Final Plan application. Front, rear, and side slopes around building envelopes must be addressed. In addition,drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid stormwater flows, while taking into account adjacent drainage mitigation. S. 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. The Stormwater Management Plans may be based on Urban Drainage methodology. T. The applicant shall submit an On-Site Improvements Agreement According to Policy Regarding Collateral for Improvements with the Final Plan application. These agreements must be reviewed by the Department of Public Works and shall be approved by the Board of Commissioners prior to recording the final plat. U. The applicant shall submit a final draft of the Environmental Management Handbook to the Weld County Department of Public Health and Environment for review and approval. 6. Prior to recording the final plat: A. The applicant shall submit evidence to the Department of Planning Services that the required School District cash-in-lieu of land dedication fee has been paid. B. The applicant shall enter into Improvements Agreement According to Policy Regarding Collateral for Improvements. The agreement shall be approved by the Board of County Commissioners. 2006-0198 PL1819 CHANGE OF ZONE #PZ #545 FROM A (AGRICULTURAL) TO PUD - WIPO, LLC PAGE 11 C. The applicant shall submit Certificates from the Secretary of State showing the Homeowners' Association has been formed and registered with the State. D. The applicant shall submit the appropriate recording fee($6 for the first page and $5 for all others)and a deed which transfers ownership of the outlot(s) to the Homeowners Association. E. 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). F. The applicant shall submit evidence to the Department of Planning Services that the Environmental Management Handbook has been approved by the Weld County Health Department. 7. Prior to the release of any building permits: A. The applicant shall supply designated street signs and a Stop sign at the appropriate location adjacent to the entrance of the Planned Unit Development. B. A separate building permit shall be obtained prior to the construction of any structure, including any future entryway. Permits are required for any sign, bus shelter, or access gate, if provided. C. 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 permit. Residential building plans maybe required to bear the wet stamp of a Colorado registered architect or engineer. D. Buildings shall conform to the requirements of the Codes adopted by Weld County at the time of permit application. Current adopted codes include the 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 Chapter29 of the Weld County Code. E. 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 the Weld County Code. F. Each residential building will require an engineered foundation based on a Site-Specific Geotechnical Report or an"open hole"inspection conducted by a Colorado registered professional engineer. Engineered foundations shall 2006-0198 PL1819 CHANGE OF ZONE #PZ#545 FROM A(AGRICULTURAL)TO PUD - WIPO, LLC PAGE 12 be designed by a Colorado professional engineer registered in the State of Colorado. • G. 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 to determine compliance with offset and setback requirements. Offset and setbacks are measured from the farthest projection from the building. Property lines shall be clearly identified,and all property pins shall be staked prior to the first site inspection. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 22nd day of February, A.D., 2006. / BOARD OF C UNTY COMMISSIONERS g . gel �► 4 ; ELD COU Y, COLORADO ATTEST: �G��' / '/ �� 4to eile, Chair Weld County Clerk to the = •` BY: Ott Va i �,,;�� �� David E. Long, Pro-Tem / D uty CI k to the Board, /�'r ✓ William Jerke AP OV D1taey Sr AAA Glen Vaad Date of signature: '1O ' 2006-0198 PL1819 Hello