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.
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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.
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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
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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.
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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
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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
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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:
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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.
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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.
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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.
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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
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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 '
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