HomeMy WebLinkAbout20061510.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1097, FROM A(AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS
WITH E (ESTATE) ZONE USES - BREAKNECK WELD 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 28th day of June, 2006,at 10:00 a.m.for the
purpose of hearing the application of Breakneck Weld Properties,LLC,P.O. Box 894,Wheat Ridge,
Colorado 80034-0894, requesting a Change of Zone from the A(Agricultural)Zone District to the
PUD (Planned Unit Development) Zone District for nine (9) lots with E (Estate)Zone uses for a
parcel of land located on the following described real estate, to-wit:
N1/2 NW1/4 of Section 6, Township 3 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Tom Radigan, P.O. Box 894,Wheat Ridge,
Colorado 80034-0894, 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 PUD,and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter23(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 Little Thompson 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.The applicant
has met the Performance Standards as delineated in Section 27-2-10 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
Towns of Berthoud and Mead, City of Longmont,and Boulder County. The
Town of Berthoud and the City of Longmont indicated no conflict with their
interests. The Town of Mead "...objects to the County considering this site
as an unincorporated subdivision and wants the applicant referred to the
Town for annexation." Boulder County did not return a referral.
d. Section 27-6-120.D.5.d - The PUD Zone District will 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 Little Thompson Water District
and Individual Sewage Disposal Systems will handle the effluent flow. The
preliminary percolation data conducted byTerracon,and dated November8,
2005, indicates that most, if not all, of the site will be engineer-designed
systems due to shallow bedrock(two to seven feet)and/or because of poor
percolation rates(34 to 480 minutes per inch). The applicant has designated
two-acre building envelopes on each site, and the primary and secondary
septic envelopes will be placed within these two (2) acres. This is
acceptable; however, they have not been designated on the proposed
Change of Zone plat submitted in the application. The engineer estimates
the envelope sizes to be between 2,600 and 5,300 square feet. The Ish
Ditch bisects the proposed Lot 6;there are also small unlined ditches on the
property, the status of which are unknown at this time. All primary and
secondary septic envelopes must meet the 50-foot setback from ditches on
the property. The applicant has indicated that they will place language in the
Covenants protecting the septic envelopes, as requested. The Covenants
should state that activities such as landscaping (planting of trees and
shrubs) and construction (auxiliary structures, dirt mounds, etcetera) are
expressly prohibited in the designated absorption field envelope.
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 not
required improvements to Weld County Road 1.
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f. Section 27-6-120.D.5.f-The Conditions ofApproval ensure that the applicant
will complete an On-Site Public Improvements Agreement that addresses all
improvements associated with this development, per compliance with
Section 24-9-10 of the Weld County Code.
g. Section 27-6-120.D.5.g - The applicant has shown compliance with the
applicable requirements contained in Chapter 23, Article V, of the Weld
County Code regarding overlay districts,commercial mineral deposits,and
soil conditions on the subject site. The site does not lie within an overlay
district. 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. 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. 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
District(s), uses, and the Specific Development Guide. The submitted
Specific Development Guide accurately reflects the Performance Standards
and allowed uses described in the proposed Zone District, as described
previously. The applicant has requested an Administrative Review of the
Final Plan application, and the Board of Commissioners and staff concur
with the request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Breakneck Weld Properties,LLC,for Change of Zone,PZ
#1097,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District
for nine(9)lots with E(Estate)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-1097.
2) The applicant shall submit evidence that the following requirements
have been satisfied to the satisfaction of the Weld County
Department of Public Works:
a) Weld County Road 1,adjacent to the proposed development,
is classified by the County as a collector road (Weld County
Roadway Classification Plan,June 2002)which requires an
80-foot right-of-way. The applicant shall verify the existing
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right-of-way, and the documents creating the right-of-way
shall be noted on the Change of Zone plat.
b) 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 twelve(12)foot paved
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. Stop signs and street name signs will be
required at all intersections. Roadside drainage shall be
contained within the right-of-way. The Change of Zone plat
shall be amended to include the typical roadway
cross-section, and resubmitted to the Department of Public
Works.
c) The typical roadway section shown on the Change of Zone
plat must be amended to show the eight(8) inch aggregate
base course as recommended in the Geotechnical
Engineering Report. The report also suggests four(4)inches
of asphalt pavement for the typical roadway section.
d) All easements and rights-of-way for all known service
providers shall be shown in accordance with Section 24-7-60
of the Weld County Code.
3) An outlot shall be created so that the development sign can be on
property owned and maintained by the Homeowners' Association.
4) The plat shall indicate the location of the development sign and verify
that the required ten(10)foot setback from the road right-of-way can
be met.
5) The applicant shall submit evidence that the School and Postal
Districts have approved the locations for the pedestrian shelter and
mailbox.
6) The Plat Certificates shall be amended in accordance with
Chapter 26, Appendix 26-P, of the Weld County Code.
7) The Change of Zone Map shall be done to a commonly recognized
scale such as 1 inch=100 feet.
8) The Change of Zone plat shall have one vicinity map which is in
accordance with Section 27-9-10.1 of the Weld County Code.
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9) The building envelopes on proposed Lots 6 and 7 shall be
reconfigured,if necessary,to specifically exclude all land within 100
feet of the Ish Ditch.
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:
A. Change of Zone, PZ#1097, is from the A(Agriculture)Zone District to the
PUD (Planned Unit Development) Zone District for nine (9) lots with
E (Estate) Zone uses, and oil and gas production as indicated in the
application materials on file. The residential 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 herein, 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. Weld County's Right to Farm Statement,as delineated on this plat,shall be
recognized at all times.
E. Water service shall be obtained from the Little Thompson Water District.
F. This PUD 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.
G. 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.
H. Activities such as permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the absorption field site.
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All septic fields shall be located a minimum of 100 feet from streams,
intermittent streams and irrigations ditches.
J. 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 Colorado Department of Public Health and Environment,Water
Quality Control Division,atwww.cdphe.state.co.us/wq/PermitsUnitformore
information.
K. 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.
L. 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.
M. If land development creates more than a twenty-five (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 fora permit from the Colorado Department of Public Health
and Environment.
N. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways within subdivisions which are not maintained or adopted by the
County.
O. Future oil and gas production facilities within this subdivision shall be fenced
off in order to mitigate the potential for tampering.
P. Building permits shall be obtained prior to the construction of any building.
Q. A Plan Review is required for each building for which a building permit is
required. Plans shall bear the wet stamp of a Colorado registered engineer
or architect, and two complete sets of plans are required when applying for
each permit.
R. 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 Building Code,2003 International Mechanical Code,2003
International Plumbing Code,2002 National Electrical Code,and Chapter29
of the Weld County Code.
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S. 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. Engineered foundations shall be designed by a
Colorado registered engineer.
T. Building height shall be measured in accordance with the applicable 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. Offset and setback requirements are
measured to the farthest projection from the building.
U. Prior to construction, property owners shall contact the Berthoud Fire
Protection Authority to determine if fire sprinkler systems will be required.
V. 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.
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 proposed lots 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,
Planning Services, and adopted Weld County Code and policies.
CC. No development activity shall commence, nor shall any building permits be
issued on the property,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),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. 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 the submission of the Final Plat application materials:
A. The applicant shall provide the Department of Public Works with a pavement
design, prepared by a professional engineer.
B. 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 preliminary review and approval. Construction details must
be included.
C. The applicant shall provide the Department of Public Works with a Final
Drainage Report, stamped, signed and dated by a professional engineer
licensed in the State of Colorado. The 5-year storm and 100-year storm
drainage studies shall take into consideration off-site flows both entering and
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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. The
applicant shall confirm flow rates in the northwest corner of the property
along Weld County Road 1.
D. 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.
6. At the time of Final Plan submission:
A. The applicant shall provide an Improvements Agreements According to
Policy Regarding Collateral for On-Site Improvements with the Final Plan
application. The agreement must be approved by the Board of County
Commissioners prior to recording the final plat.
B. The applicant shall provide preliminary Covenants for review by County staff.
The Covenants shall address two items:language for the protection of septic
envelopes,and the maintenance of roadways until such time that the County
may accept maintenance as requested by the Weld County Sheriff's Office.
C. 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 Building Inspection.
D. The applicant shall provide written evidence in the Final Plan application that
the appropriate Postal District has reviewed the proposed addressing and
interior street name.
E. The applicant shall submit a detailed Landscape Plan for review and
approval.
F. Easements shall be shown in accordance with Weld County standards
and/or Utilities Coordinating Advisory Committee recommendations.
G. 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.
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H. 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.
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
application. The Stormwater Management Plans may be based on Urban
Drainage methodology.
7. Prior to recording the final plat:
A. The applicant shall provide written evidence from School District RE-1J,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 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 Little Thompson Water District for service to
the PUD.
E. Any abandoned septic system must comply with Section 30-4-20.D of the
Weld County Code. The applicant shall contact the Department of Public
Health and Environment to update existing septic permits for those systems
that have been abandoned
F. 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.
G. 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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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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of June, A.D., 2006.
BOARD OF CeUNTY COMMISSIONERS
,t\ Elide WELD CO- ITY, COLORADO
ATTEST: auji
, V t♦�' . . c -ile, Chair
Weld County Clerk to the tcr
f �{ ;k � David E. Long, Pro-Tem
BY: "itti i 4 ,
Dep t Clerk to the Board
i\amH. Jerke �(�
APP AS TO FO : y� �/�C \VV WL
Robert D. Masden
my Attorney
Glenn aad
Date of signature: 1 ill ID(
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