HomeMy WebLinkAbout20062249 RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1041, FROM A(AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS -WILLIAM AND CAROL CESSNA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 6th day of September,2006,at 10:00 a.m.for
the purpose of hearing the application of William and Carol Cessna, 19533 Silver Oak Drive, Fort
Meyers, Florida 33912, do Robert Parsons, 40455 Skylark Drive, Fort Collins, Colorado 80524,
requesting Change of Zone,PZ#1041,from the A(Agricultural)Zone District to the PUD(Planned
Unit Development)Zone District for nine (9) residential lots, for a parcel of land located on the
following described real estate, to-wit:
Part of the N1/2 of Section 10, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Jeff Couch3468 Shallow Pond Drive, Fort
Collins, Colorado 80528, 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),Chapter 24(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.B.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
be serviced by the North Weld County Water District and Individual
Sewage Disposal Systems will handle the effluent flow.
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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 Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20,Access standards—"All PUD developments will be
served by an internally paved road system according to County
standards. An exception to paving may be granted by the Director of
Public Works for residential PUDs of nine(9)lots,or less, located in
nonurban areas as defined in Chapter 22 of the Weld County Code,
when the PUD is not located within close proximity to other PUDs,
subdivisions and municipal boundaries,and when access to the PUD
is not from a public road which is paved, or will be paved within a
year of approval of the PUD." The proposed Planned Unit
Development is located adjacent to Peace Haven Estates.
2) Section 27-2-60, Common open space - The applicants have
proposed a six(6)foot wide aggregate trail around the perimeter of
the site. This trail crosses a portion of the lot that has a deed
restriction. The restriction states, "The purpose of this deed
restriction is to provide for open space between the property and the
adjacent parcel of land to the east which is also owned by the
grantor. The"no build" restriction is intended to include all types of
improvements and structures of any kind except boundary line
fences." A Condition of Approval has been included to ensure that
the property owner to the east agrees that the deed restriction was
not intended to include a trail.
3) The applicants have met the remaining Performance Standards as
delineated in Section 27-2-10. The Conditions of Approval and
Development Standards 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 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. The Town of Severance did not respond to the Change
of Zone referral request. However,at the Sketch Plan,it did indicate the plan
does not 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,of 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.
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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 has indicated
that this development will introduce additional vehicle trips to the roadway
system. This increased level of traffic on unpaved roads creates fugitive
dust and surface maintenance problems. The Department of Public Works
has required the applicants to enter into an Agreement for Improvements to
Weld County Roads, Road Stabilization for Dust Control. The applicants
shall submit a proposed Off-site Agreement with the Final Plan, to be
approved by the Board of County Commissioners prior to recording the final
plat.
f. Section 27-6-120.D.5.f-An Off-site Road Improvements Agreement and an
On-site Improvements Agreement proposal is in compliance with Chapter 24
of the Weld County Code,and a road improvements agreement is complete
and has been submitted, if applicable. 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. The applicant is also required to enter
into an Agreement for Improvements to Weld County Roads, Road
Stabilization for Dust Control.
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 Colorado Geological Survey indicated that site-specific
geotechnical investigations should be done for all planned structures. These
are required by the Weld County Department of Building Inspection at the
time the building permit is issued.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s), uses,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, therefore, the Final Plan will be Administratively Reviewed.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of William and Carol Cessna for Change of Zone, PZ#1041,
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District 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:
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1) All sheets of the plat shall be labeled PZ-1041.
2) Sheet 2 of the plat shall be amended to include the appropriate
signature blocks and zoning classification of PUD.
3) Weld County Road 84 is classified by the County as a local road
(Weld County Roadway Classification Plan,June 2002)adjacent to
the proposed development, requiring 60 feet of right-of-way. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way shall be noted on the Change of Zone plat.
If the right-of-way cannot be verified, it will be dedicated on the final
plat.
4) The internal roadway 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 twelve-foot gravel lanes,with four-foot gravel shoulders on the
Change of Zone plat.
5) The plat currently shows Open Space Access Easements between
lots at three locations. These accesses should be owned and
maintained by the Homeowners' Association. The plat shall be
amended to indicate these accesses as open space or be removed.
6) Tranquility Lane shall be changed to Tranquility Way.
7) The proposed subdivision sign location shall be relocated outside of
the easement.
B. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following,and that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. Change of Zone, PZ-1041, is from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone District for nine(9)residential lots,
as indicated in the application materials on file. The lots will adhere to the
uses allowed in the E(Estate)Zone District. The PUD will be subject to,and
governed by, the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
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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. Weld Countys Right to Farm,as delineated on this plat,shall be recognized
at all times.
E. Water service shall be obtained from the North Weld County Water District.
F. 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.
G. 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 applicants shall
contact the Water Quality Control Division of the Colorado Department of
Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for
more information.
H. 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.
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.
J. 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
(A.P.E.N.), and apply for a permit from the Colorado Department of Public
Health and Environment.
K. A separate building permit shall be obtained prior to the construction of any
building or structure, including entry gates and signs.
L. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Residential building plans may be
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required to bear the wet stamp of a Colorado registered engineer or
architect.
M. 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 codes: 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.
N. 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.
O. 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.
P. 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. When measuring 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.
Q. All signs,including entrance signs,shall require building permits. Signs shall
adhere to Sections 23-4-80 and 23-4-110 of the Weld County Code.These
requirements shall apply to all temporary and permanent signs.
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. The property owner shall allow any mineral owner or lessee the right of
ingress or egress for the purposes of exploration development,completion,
re-completion,re-entry,production,and maintenance operations associated
with existing or future operations located on these lands.
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
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U. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
V. Weld County 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.
W. 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 adopted Weld County Code and policies.
X. No development activity shall commence, nor shall any building permits be
issued on the property,until the Final Plan has been approved and recorded.
Y. The applicant shall comply with Section 27-8-50 Weld County Code, as
follows: Failure to submit a Planned Unit Development Final Plan-If a PUD
Final Plan application is not submitted within three(3)years of the date of the
approval of the PUD Zone District,the Board of County Commissioners shall
require the landowner to appear before it and present evidence substantiating
that the PUD project has not been abandoned and that the applicant
possesses the willingness and ability to continue with the submission of the
PUD Final Plan. The Board may extend the date for the submission of the
PUD Final Plan application and shall annually require the applicant to
demonstrate that the PUD has not been abandoned. If the Board determines
that conditions or statements made supporting the original approval of the
PUD Zone District have changed, or that the landowner cannot implement
the PUD Final Plan, the Board of County Commissioners may, at a public
hearing, revoke the PUD Zone District and order the recorded PUD Zone
District reverted to the original Zone District.
Z. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
AA. The Development Standards shall reflect a waiver allowing the bus shelter,
mail kiosk, and subdivision sign within the setbacks and offsets otherwise
required.
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 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.
5. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreements According to Policy
Regarding Collateral for (on-site) Improvements with the Final Plan
application. This agreement must be reviewed by County staff and shall be
approved by the Board of County Commissioners prior to recording the final
plat.
B. All copies of the Final Plan application shall include a copy of the proposed
addressing,as indicated in the referral dated July 18, 2005,from the Weld
County Department of Building Inspection. The applications shall also
include an interior road name that follows the recommendations made in the
same referral.
C. The applicant has proposed a postal delivery unit at the entrance of the
subdivision. The applicant shall include evidence in the Final Plan application
that the appropriate Postal District has accepted the proposal.
D. The applicant shall include evidence in the Final Plan application that the
appropriate Postal District has reviewed the proposed addressing and
interior street name.
E. In the Final Plan application the applicant shall either include a copy of an
agreement with the Water Supply and Storage Company stipulating that ditch
activities have adequately been incorporated into the design of the site,or the
applicant shall indicate how the concerns of the Company have been
mitigated.
F. In a referral dated June 21, 2005, the Windsor-Severance Fire Protection
District listed conditions that must be met. The applicant shall submit
evidence from the Windsor-Severance Fire Protection District indicating that
these conditions have been addressed to its satisfaction.
G. This development will introduce additional vehicle trips to the roadway
system. This increased level of traffic on unpaved roads creates fugitive
dust and surface maintenance problems. The applicant shall enter into an
Agreement for Improvements to Weld County roads, Road Stabilization for
Dust Control. The applicant shall submit a proposed Off-site Agreement with
the Final Plan,to be approved by the Board of County Commissioners prior
to recording the final plat.
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H. Weld County Road 84,adjacent to the proposed development, is classified
by the County as a local road (Weld County Roadway Classification Plan,
June 2002)requiring 60 feet of right-of-way. If the applicant is unable to verify
the existing right-of-way on the Change of Zone plat, the road will be
dedicated on the final plat.
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.
J. In the Final Plan application materials,the applicant shall include stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings for review and approval by the Department of Public Works.
K. Stop signs and street name signs will be required at all intersections and
shown as a Signing Plan on final roadway plans. The current edition of the
Manual on Uniform Traffic Control Devices(MUTCD)shall govern the signing
plan.
L. A Final Drainage Report stamped, signed, and dated by a professional
engineer,licensed in the Sate 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 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.
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 lines swales shall be considered. Building envelopes
must be planned to avoid stormwater flows, while taking into account
adjacent drainage mitigation.
N. 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.
O. Easements shall be shown on the final plat in accordance with County
standards (Section 24-7-60 of the Weld County Code) and/or Utilities
Coordinating Advisory Committee recommendations.
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P. The applicant shall submit a construction detail for the proposed six(6)foot
pedestrian trail,picnic area,and trailhead for review and approval. The detail
shall also show the location of the detention pond.
Q. The applicant has proposed one (1) tree, per lot, to be planted along
Mountain View Court. These trees shall be placed on the individual lots,
outside of the road right-of-way. Location and care requirements shall be
addressed in the Covenants.
R. The applicant shall submit Covenants for review and approval. The
Covenants shall address restriction of livestock to prevent the loss of
vegetative cover. The Covenants shall also address measures to prevent
overgrazing of pasture,as no irrigation water is being proposed for the PUD.
Finalized Covenants and the appropriate fee shall be submitted for recording
with the final mylar plats.
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 Agreements According toPolicy
Regarding Collateral for Improvements. These agreements 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 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.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of September, A.D., 2006.
E I1, OARD • COUNTY COMMISSIONERS
I_�� ELD •UNTY, COLORADO
ATTEST: £G7R /
. G " Chair
Weld County Clerk to the B
UN
David E. on g,
BY:
Depu Clerk t" e Board
• W' ' H. Jerke
APP AST M:
Robert D. asden
ounty Attorney
Glenn Vaad
Date of signature: et 11q/QQ
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