HomeMy WebLinkAbout20060503.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1090, FROM A(AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - RIDGEVIEW FARMS,
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 1st day of March, 2006,at 10:00 a.m.for the
purpose of hearing the application of Ridgeview Farms, LLC, 3246 Grandview Drive, Greeley,
Colorado 80631,requesting Change of Zone,PZ#1090,from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone Districtfor24 residential lots and 9.7 acres of open space,
for a parcel of land located on the following described real estate, to-wit:
Part of the NE1/4 of Section 23, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to grant the request of the
applicant to continue the matter to March 29, 2006,at 10:00 a.m.,when a full quorum of the Board
will be present, and
WHEREAS, on March 29, 2006, the applicant was represented by Robb Casseday of
Casseday Creative Designs, LLC, 55 South Elm Avenue, Suite 210, Eaton, Colorado 80631, 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.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.
b. Section 27-6-120.D.5.c -- The uses which will be permitted will be
compatible with the existing or future development of the surrounding area
as permitted by the existing Zone District and with the future development as
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CHANGE OF ZONE #1090 FROM A (AGRICULTURAL)TO PUD - RIDGEVIEW FARMS, LLC
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projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities.
c. 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.
d. 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.
e. 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.
f. 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.
g. Section 27-6-120.D.5.h --Consistency exists between the proposed Zone
District uses and the Specific Development Guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ridgeview Farms, LLC, for Change of Zone, PZ#1090,
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for 24
residential lots and 9.7 acres of open space,on the above referenced parcel of land be,and hereby
is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1090.
2) Weld County Road 35, adjacent to the proposed development, is
designated by the Weld County Road Classification Plan as a minor
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arterial road requiring 110 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 existing
right-of-way cannot be verified, it will be dedicated on the final plat.
3) State Highway 392, adjacent to the development, is under the
jurisdiction and maintenance of the Colorado Department of
Transportation (CDOT). 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. State Highway 392 is
paved. The applicant shall coordinate with CDOT concerning
right-of-way and any required roadway improvements.
4) The plat shall delineate the location of the proposed access road for
the existing ditches and oil/gas facilities in the vicinity of the
development. This access road must be located outside the future
minor arterial 110-foot right-of-way. This road shall be designated on
the plat as an access easement,and shall be located within the open
space.
5) The detention pond shall be incorporated into OutlotA,which will be
owned and maintained by the Homeowners' Association.
6) The plat shall designate a future bus/mail pull-off area,and additional
open space adjacent to Lot 1, for relocating the facilities upon the
expansion of Weld County Road 35.
7) The applicant shall submit a recorded copy of the agreement with the
Cache La Poudre Irrigating Company regarding the Greeley #2
Canal.
8) The plat shall delineate the required building setback from the existing
oil and gas structures south of the site in accordance with
Section 23-3-440.L of the Weld County Code.
9) Internal roads shall 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.
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 each shall be placed on
the Change of Zone plat as notes prior to recording:
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A. Change of Zone, PZ#1090, is from the A(Agricultural)Zone District to the
PUD (Planned Unit Development) Zone District for twenty-four (24)
residential lots and open space,as indicated in the application materials on
file. The lots will adhere to the uses allowed in the E(Estate)Zone District,
except for the minimum lot size which shall be 1.75 acres, offset
requirements for the pedestrian shelter which shall be ten(10)feet,and the
development sign located within the entrance median will not be required to
meet the required offset from Ridgeview Drive. 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.
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. The internal roadways of gated communities shall be maintained by the
Homeowners' Association.
E. The Weld County Sheriff's Office has limited traffic enforcement powers on
roadways within subdivisions that are not maintained by the County.
F. Weld County's Right to Farm Statement,as delineated on this plat,shall be
recognized at all times.
G. Water service shall be obtained from the North Weld County Water District.
H. 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.
Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setbacks, including the 100-foot
setback to any well.
J. Activities such as permanent landscaping,structures,dirt mounds,or other
items are expressly prohibited in the absorption field site.
K. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
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disturbance is greater than,or equal to,one(1)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/PermitsUnit
for more information.
L. 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.
M. 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.
N. 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.
O. A separate building permit shall be obtained prior to the construction of any
structure,including the electronic gates,development sign,and pedestrian
shelter.
P. 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.
Q. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently,the following Codes have
been adopted by Weld County:2003 International Residential Code, 2003
International Building Code, 2003 International Mechanical Code, 2003
International Plumbing Code, 2003 International Fuel Gas Code, 2002
National Electrical Code, and Chapter 29 of the Weld County Code.
R. 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.
S. 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.
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T. Building height shall be measured in accordance with the 2003 International
Building Code forthe 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 Chapter23 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 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.
U. Groundwater may impact construction of basements. Basement
construction shall only be allowed where basement subgrade is three(3)feet
above groundwater level.
V. All 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.
W. 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.
X. Effective August 1,2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee.
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 Development 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 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.
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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
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.
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),Arcinfo Coverages and Arcinfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not
acceptable.)
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. Prior to submitting the Final Plan application:
A. The applicant shall contact the Weld County Department of Building
Inspection to obtain preliminary addresses for the lots.
6. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreements According toPolicy
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.
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B. The applicant shall submit draft Covenants for review by County staff. The
Covenants shall address comments made by the Weld County Sheriff's
Office. As requested by the Weld County Department of Public Health and
Environment, 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. Further,the Covenants shall address uses which are
limited by the agreement with the Cache La Poudre Irrigation Company.
C. The Cache La Poudre Irrigation Company has asked to review the
landscaping, fencing, and trail design along the Greeley #2 Canal. The
applicant shall submit written evidence that the Cache La Poudre Irrigation
Company has reviewed the Landscape Plan,trail construction,and fencing,
and that ditch activities have adequately been incorporated into the design of
the site.
D. The applicant shall submit written evidence that the Ogilvy Ditch Company
has reviewed the Landscape Plan,and that ditch activities have adequately
been incorporated into the design of the site.
E. The applicant shall submit a detailed Landscape/Screening Plan, which
includes a perimeter treatment, to ensure that buffering and screening is
provided to effectively shield the subject lots that are adjacent to State
Highway 392 and Weld County Road 35. The plan shall specify size, type,
and method of planting for all live landscaping material. The Plan shall also
show any proposed fencing adjacent to existing ditches. New permanent
landscaping, such as trees, trail, or fencing, shall not be placed within the
existing or future road rights-of-way.
F. All copies of the Final Plan application shall include a copy of the preliminary
street name and addresses,as obtained from the Weld County Department
of Building Inspection.
G. The final plat shall include details on the bus turnout and future bus turnout
(upon the expansion of Weld County Road 35)to ensure the requirements
of the Eaton School District have been met. The bus turnout shall provide
additional right-of-way equal to the dimensions of the bus turnout. This
right-of-way shall be added to Weld County Road 35, adjacent to the bus
turnout,and dedicated on the final plat. Also,the plat shall delineate the well
pump within the school pull-off area which may be necessary for fire flow.
Evidence shall be submitted from the Eaton School District and the Eaton
Fire Protection District that the shared turnout meets their requirements.
H. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has reviewed the preliminary addressing and
interior street name.
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The applicant shall submit evidence that the gated access has been
approved by all emergency service providers.
J. Easements shall be shown on the final plat in accordance with
Section 24-7-60 of the Weld County Code and/or Utilities Coordinating
Advisory Committee recommendation.
K. 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.
L. 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 and approval.
Construction details must be included.
M. 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.
N. 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 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.
O. 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.
P. 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 each Final Plan
(phase)application. The Stormwater Management Plans may be based on
Urban Drainage methodology.
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7. Prior to recording the final plat:
A. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements. The agreement shall be
approved by the Board of County Commissioners.
B. The applicant shall enter into a separate escrow agreement for the left turn
lane on the south leg of Weld County Road 35 at State Highway 392,since
construction of the left turn lane is not eminent. The term of the agreement
will be for ten(10)years, and if construction does not take place, the funds
will be returned to the applicant. The amount to be deposited in the escrow
account should be 29 percent of the construction cost estimate. After
construction of the left turn lane, partial reimbursement may be available in
accordance with the Improvements Agreement, Section 5.0, Off-Site
Improvements Reimbursement Procedure.
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 finalized Covenants and the appropriate recording
fee (currently$6 for the first page and $5 for each additional page) to the
Department of Planning Services.
E. The applicant shall submit a copy of the finalized Water Service Agreement
between the applicant and the North Weld County Water District for service
to the PUD.
F. The applicant shall submit evidence that all Eaton Fire Protection District
requirements have been met.
G. The applicant shall submit evidence that the requested cash-in-lieu of land
dedication fee has been paid to the Eaton School District.
H. The bus turnout shall provide additional right-of-way equal to the dimensions
of the bus turnout. This right-of-way shall be added to Weld County Road 35,
adjacent to the bus turnout, and dedicated on the final plat.
Weld County Road 35,adjacent to the proposed development,is designated
by the Weld County Roadway Classification Plan as a minor arterial road,
requiring 110 feet of right-of-way. If the existing right-of-way cannot be
verified, it will be dedicated on the final plat.
J. 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
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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 the release of collateral:
A. The applicant shall submit recorded deeds which transfer ownership of the
open space to the Homeowners' Association.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of March, A.D., 2006.
,v Elsa♦ BOARD OF C i NTY COMMISSIONERS
R ;WELD CO Y, COLORADO
,uJ I
ATTEST: ,�;, i
"
eile, C a
Weld County Clerk to the sir
/ EXCUSED
(ut 1 tI� �1 David E. Long, Pro-Tem
IN
BY: __
De ty Cle to the Board '1-t , 1-- _,,
W' is H. Jerke
AP AS TO F ‘V��___
Robe� 't 4. Mas7
ty Attorney
Glenn Vaad
Date of signature:
2006-0503
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