HomeMy WebLinkAbout20062953.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ #1114, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
EIGHT (8) LOTS WITH E (ESTATE) ZONE USES, AND ONE (1) LOT WITH
A (AGRICULTURAL) ZONE USES - PYRENEES PROPERTIES, LLC
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 15th day of November,2006,at 10:00 a.m.for
the purpose of hearing the application of Pyrenees Properties, LLC, 2090 Hollis Crossing Road,
Cumberlandfurnace, Tennessee 37051, requesting Change of Zone, PZ #1114, from the
A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for eight(8)lots
with E (Estate) Zone uses, and one (1) lot with A (Agricultural) Zone uses, for a parcel of land
located on the following described real estate, to-wit:
Lot C of Recorded Exemption #3058; being part of
Section 15,Township 7 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Anne Johnson, Todd Hodges Design, LLC,
1269 North Cleveland Avenue, Loveland, Colorado 80537, at said hearing, 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.
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 PUD and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23(Zoning),Chapter24(Subdivision),and Chapter 26(Mixed Use
Development)of the Weld County Code. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.6.1 (P.Goal 2)states, "Require adequate facilities
and services to assure the health, safety,and general welfare of the
present and future residents of the County." The proposed PUD will
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be serviced by the North Weld County Water District and Individual
Sewage Disposal Systems that will handle the effluent flow.
2) Section 27-2-140. Nonurban scale development. Nonurban scale
developments are developments comprised of nine (9) or fewer
residential lots, located in a nonurban area as defined in Chapter22
of the Weld County Code,not adjacent to other PUDs,subdivisions,
municipal boundaries or urban growth corridors. Nonurban scale
development shall also include land used,or capable of being used,
for agricultural purposes and including development which combines
clustered residential uses and agricultural uses in a manner that the
agricultural lands are suitable for farming and ranching operations for
the next forty (40) years. Nonurban scale development on public
water and septic systems may have a minimum lot size of one (1)
acre and an overall gross density of two and one-half(2.5)acres per
septic system. Nonurban scale development proposing individual
private wells and septic systems shall have a minimum lot size of
two and one-half(2.5)acres per lot. Nonurban scale developments
located outside the Mixed Use Development (MUD) area are not
subject to the common open space requirement. This definition does
not affect, or apply to, those coordinated planning agreements
between the County and municipalities which are in effect as of
May 14, 2001.
3) The site is not located within an Intergovernmental Agreement(IGA),
Urban Growth Boundary(UGB),MUD,or urban development node,
or adjacent to other PUDs, subdivisions, municipal boundaries, or
urban growth corridors. As such, it is considered a rural subdivision
that is not subject to urban scale development standards. The
common open space requirements of Section 27-2-60 of the Weld
County Code do not apply, nor do the automatic paved internal road
requirements of Section 27-2-190 of the Weld County Code. The
proposed design includes a lot that is sufficient in size and proposed
forA(Agricultural)Zone District uses,so as to be suitable for farming
and ranching operations for the next forty(40)years,per the policies
of Section 27-2-140 of the Weld County Code.
b. Section 27-6-120.D.5.b--The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter27,Article II,of the Weld County Code. The applicant
has met the Performance Standards as delineated in Section 27-2-10 of the
Weld County Code. Proposed Conditions of Approval and the proposed
Development Standards will ensure compliance with Sections 27-2-20
through 27-2-210 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
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as permitted by the existing zoning, and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed site is within the three-mile referral
area for the Town of Severance and Larimer County. The Town of
Severance did not respond to the referral request, and Larimer County
indicated no conflict with its interests.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27,Article II,the Weld County Code. The
proposed PUD will be serviced by the North Weld County Water District and
Individual Sewage Disposal Systems will handle the effluent flow. The
minimum lot size is 2.1 acres and,coupled with the overall density of one(1)
septic system per seventeen (17)acres, does meet current Department of
Public Health and Environment policies.
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 of the proposed PUD
Zone District. The Weld County Department of Public Works is not requiring
improvements or dust control for Weld County Road 80. Weld County
Road 80 is classified by Weld County as a local gravel road and requires a
60-foot right-of-way, which is existing and documented.
f. Section 27-6-120.D.5.f -- The Conditions of Approval ensure that the
applicant will complete an On-Site(Private)Improvements Agreement that
addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code, prior to recording
the final plat.
g. Section 27-6-120.D.5.g --There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The eastern portion of the site lies within the 100-year
floodplain, as depicted on FIRM Community Panel#080266 0475D, dated
September 22, 1999. Areas located within the floodplain are depicted on the
draft Change of Zone plat as no-build zones. The site does not lie within any
other overlay districts. The Weld County Department of Building Inspection
has indicated that each building will require an engineered foundation based
on a site-specific Geotechnical Report or an open-hole inspection performed
by a Colorado registered engineer.
1) In a referral response dated March 8,2006,the Colorado Geological
Survey (CGS) recommended all items identified by the applicant's
Geologic and Preliminary Geotechnical Investigation (CTL
Thompson) be addressed. The Conditions of Approval and
Development Standards ensure that all issues concerning the
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floodplain,shallow groundwater,oil and gas operations,and existing
fill piles are addressed.
2) 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.
3) Effective August 1, 2005, building permits issued on the proposed
lots will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
h. Section 27-6-120.D.5.h --Consistency exists between the proposed zone
districts uses and the Specific Development Guide. The submitted Specific
Development Guide does accurately reflect the Performance Standards and
allowed uses described in the proposed Zone District, as described
previously. The Final Plan application will be reviewed by the Weld County
Board of Commissioners.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Pyrenees Properties, LLC,for Change of Zone, PZ#1114,
from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for
eight(8)lots with E(Estate)Zone uses,and one(1)lot with A(Agricultural)Zone uses,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-1114.
2) Two septic system envelopes shall be designated on Lots 1
through 8, with provisions that the secondary absorption field
envelope be preserved in a manner that will allow its future use.
3) The applicant shall submit evidence that the following requirements
have been satisfied to the satisfaction of the Weld County
Department of Public Works:
a. The Department of Public Works is in acceptance of an
additional access for agricultural purposes. Residential
access to Lot 9 must be from the internal roadway. The
additional proposed access off Weld County Road 80 shall
be shown as an agricultural access only.
b. Lots 6, 7, and 8 shall be shown to exclude the existing
section line right-of-way.
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c. Internal roads are required to meet Weld County criteria for
a PUD. 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 typical section of
interior roadway shall be shown as two (2) twelve (12) foot
gravel lanes with four(4)foot gravel shoulders on the Change
of Zone plat. The cul-de-sac edge of pavement radius shall
be fifty (50) feet.
4) The plat shall indicate the location of a development sign,if planned,
and provide an outlot for common ownership. The applicant shall
verify that the required ten (10) foot setback from the road
right-of-way can be met, or provide a request for variance from this
standard.
B. The applicant shall provide detention for the portions of Lots 6, 7, and 8 not
in the 100-year floodplain.
C. All detention facilities shall capture the 100-year developed runoff and release
it at a rate not to exceed the 5-year historic rate, as per Weld County Code
Section 24-7-130.D.
D. Off-site and on-site U.S.Geological Survey contours referenced in text must
be shown on the plan Sheets 1 of 2 and 2 of 2.
E. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
F. Eliminate all building envelopes from lot 9
3. 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#1114, is from the A(Agricultural)Zone District to the
PUD (Planned Unit Development) Zone District for eight (8) lots with
E (Estate) Zone District uses, and one (1) lot with A (Agricultural) Zone
District uses, as indicated in the application materials on file. The eight(8)
residential lots will adhere to the uses allowed in the E(Estate)Zone District,
and the one (1) residential lot will adhere to the uses allowed in the A
(Agricultural)Zone District. The PUD will be subject to,and governed by,the
Conditions of Approval stated herein and all applicable Weld County
regulations.
B. A request to allow unpaved gravel roads has been granted by the Director of
Public Works, per Section 27-2-20 of the Weld County Code.
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C. 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.
D. Water service shall be obtained from the North Weld County Water District.
E. This subdivision 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.
F. Primary and secondary septic envelopes shall be placed on Lots 1 through 8.
All septic system envelopes must meet all setbacks, including the 100-foot
setback from the 100-year floodplain boundary and a 25-foot setback from
the detention pond.
G. 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.
H. Any abandoned septic system must comply with Section 30-4-20.D of the
Weld County Code. The applicant should contact the Department of Public
Health and Environment to update existing septic permits for those systems
that have been abandoned.
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
Public Health and Environmentatwww.cdphe.state.co.us/wq/PermitsUnitfor
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.
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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
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. 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.
N. A separate building permit shall be obtained prior to the construction of any
structure, including the mail cluster box.
O. 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.
P. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, Weld County has
adopted the following: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.
Q. 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.
R. 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.
S. 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 27 of the Weld County
Code. Building height shall be measured in accordance with Chapter 27 of
the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and
setback requirements, buildings are measured to 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.
T. The applicant shall provide a letter of approval from the Windsor/Severance
Fire Protection District prior to new residential construction.
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U. All signs,including entrance signs,shall require building permits. Signs shall
adhere to Section 23-4-60 of the Weld County Code. These requirements
shall apply to all temporary and permanent signs.
V. 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.
W. Effective August 1,2005,building permits issued on the proposed lots will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee.
X. Any construction or improvements occurring in the floodplain shall comply
with the Flood Hazard Overlay District requirements of Chapter23,Article V,
Division 3, of the Weld County Code.
Y. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
Z. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
AA. 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.
BB. The site shall maintain compliance, at all times,with the requirements of the
Weld County Departments of Public Works, Public Health and Environment,
and Planning Services, and the adopted Weld County Code and policies.
CC. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
DD. 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
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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.
EE. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
FF. Auxiliary quarters will be allowed on all lots and, with the exception of the
minimum lot size, must meet all requirements of Section 23-1-90 of the
Weld County Code
4. 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).
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
6. At the time of Final Plan submission:
A. The applicant shall submit preliminary Covenants for review by County staff.
Relevant items indicated in the applicant's"Response to Sketch Plan Staff
Comments and Referral Responses,"submitted with the Change of Zone
application,shall be incorporated as indicated. In addition,requests from the
Department of Public Heath and Environment referral,dated September 12,
2006, recommending that language for the preservation and/or protection of
second absorption field envelopes shall be placed in the development
Covenants. The Covenants should state that activities,such as landscaping
(i.e. planting of trees and shrubs) and construction activities (i.e. auxiliary
structures, dirt mounds, etc.), are expressly prohibited in the designated
absorption field site.
B. The applicant shall resubmit information explaining how the application
complies with the goals and policies of the PUD section of the
Comprehensive Plan (Section 22-2-210).
C. The applicant shall provide additional information about the detention pond
location within Lot 2, either removing the pond from the limits of the lot or
providing a building envelope that avoids the pond area. If the pond is to
remain in the ownership of the private lot, a drainage easement shall be
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provided for the ownership and maintenance of the Homeowners'
Association.
D. Information shall be provided as to the proposed location of a mail kiosk,with
any requests made to waive setback or offset requirements, if needed.
E. All copies of the Final Plan application shall include a copy of the proposed
street name and addressing as indicated in the referral response from Lin
Dodge, Building Technician,Weld County Department of Building Inspection.
F. The applicant shall include evidence in the Final Plan application that the
appropriate Postal District has reviewed the proposed addressing and
interior street name.
G. The applicant shall submit a detailed Landscape Plan for review and
approval.
H. Easements shall be shown on the final plat in accordance with County
standards (Section 24-7-60) and/or the recommendations of the Utilities
Coordinating Advisory Committee.
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.
J. The applicant shall submit stamped, signed, and dated final plat drawings
and roadway/construction and grading plan drawings to the Department of
Public Works for review and approval. Construction details must be
included.
K. The applicant shall submit Improvements Agreements According to Policy
Regarding Collateral for(Private On-Site)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 County Commissioners
prior to recording the final plat.
L. 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. 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 Final Drainage Report shall include a flood hazard
review documenting any Federal Emergency Management Agency(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.
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M. 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.
7. Prior to recording the final plat:
A. The applicant shall submit written evidence from School District RE-4 to the
Department of Planning Services which indicates that all School District
requirements have been met.
B. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for (Private On-Site) Improvements. The
agreement shall be approved by the Board of County Commissioners.
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 a copy of a finalized Water Service Agreement
between the applicant and the North Weld County Water District for service
to the PUD.
E. The applicant shall submit finalized Covenants and the appropriate recording
fee(currently$6.00 for the first page and$5.00 for each additional page)to
the Department of Planning Services.
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).
8. Prior to release of collateral:
A. The applicant shall submit evidence that ownership of the outlot(s)has been
transferred 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 15th day of November, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
ELa WELD COUNT, COLORADO
IL, //
ATTEST: � `
1861 . J. eile, Chair
Weld County Clerk to the oat
XCUSED
)e. David E. Long, Pro-Tern
BY: lit 4
Depu Clerk t he Board
Wil •a H. JerkAAe pp
APP AS TO FO U �V
Rob rt D. Masde
ounty Attorney MA{ (igel2eA
I n Vaad --
Date of signature: Itfzz'a0
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