HomeMy WebLinkAbout20060248.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1095, FROM A(AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES - SONJA CRAIGHEAD, FKA
SONJA STONESTREET
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 February,2006,at 10:00 a.m.for
the purpose of hearing the application of Sonja Craighead,fka Sonja Stonestreet,5429 Weld County
Road 58, Fort Collins, Colorado 80524, requesting Change of Zone, PZ #1095, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9)
residential lots with E(Estate)Zone uses,fora parcel of land located on the following described real
estate, to-wit:
Lot 2 of Recorded Exemption#2690;being part of the
SE1/4 of Section 31, Township 8 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Mary Barstow, The Land Exchange, 1719
East Mulberry, Fort Collins, Colorado 80524, 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 unfavorable 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 Planned Unit
Development,and Chapters 19,22,23,24,and 26 of the Weld County Code.
b. Section 27-6-120.D.5.b -- The uses which will be allowed on the subject
property will conform to the Performance Standards outlined in Chapter 27,
Article II, of the Weld County Code.
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c. Section 27-6-120.D.5.c -- The uses which will be permitted will be
compatible with the existing or future development of the surrounding area
as permitted by the existing Zone District and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities.
d. Section 27-6-120.D.5.d--There is evidence that adequate public water and
sewer will be made available to the site to serve the uses permitted within
the proposed Planned Unit Development in compliance with the Performance
Standards in Chapter 27, Article II, of the Weld County Code.
e. Section 27-6-120.D.5.e--Street or highway facilities providing access to the
property are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the uses in the proposed Zone
District.
f. Section 27-6-120.D.5.f--In the event the street or highway facilities are not
adequate, the applicant will supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Section of Chapters 22,24,and 26,
if applicable. This shall be shown by submitting, with the Planned Unit
Development Zone District application,a separate proposal for on-site and
off-site road improvements. This proposal shall describe,in detail,the type
of on-site improvements in compliance with Section 24-9-10 and off-site road
improvements in compliance with Section 24-9-20, to determine if the
requirement for street or highway facilities providing access to the property
has been satisfied. The method of guarantee shall conform with the
County's policy regarding collateral for improvements.
g. Section 27-6-120.D.5.g --There has been compliance with the applicable
requirement contained in Chapter 23 regarding overlay districts,commercial
mineral deposits, and soil conditions on the subject site.
h. Section 27-6-120.D.5.h --Consistency exists between the proposed Zone
District uses and the Specific Development Guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Sonja Craighead,fka Sonja Stonestreet,for a Change of
Zone 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:
1) All sheets of the plat shall be labeled PZ-1095.
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2) Weld County Road 15, adjacent to the proposed development, is
classified by the County as a local road (Weld County Roadway
Classification Plan,June 2002)which requires a 60-foot 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 shall be dedicated
on the final plat.
3) Weld County Road 86, adjacent to the proposed development, is
classified by the County as a local road (Weld County Roadway
Classification Plan,June 2002)which requires a 60-foot 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 shall be dedicated
on the final plat.
4) Internal roads are required to meet Weld County criteria for a PUD.
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 cul-de-sac shall be revised on the plat.
5) The entrance gate island shall be located such that there is a
100-foot perpendicular staging area for vehicles entering and exiting
the PUD, measured from the centerline of Weld County Road 15.
6) The applicant shall submit additional information, for review and
approval, which shall address the referral response comments of
Kim Ogle, Landscape Architect for the Weld County Planning
Department, dated October 17, 2005.
7) Weld County's Right to Farm Statement, as indicated in
Appendix 22-E of the Weld County Code,shall be delineated on the
plat.
8) If the applicant is proposing to release water from the detention pond
at the historical rate, the plat shall delineate an easement for the
release of the water onto the surrounding property.
9) All outlots shall be clearly labeled and the acreage listed.
10) The Certificate Blocks shall be amended to reflect Appendix 26-P of
the Weld County Code.
11) The plat shall indicate the median at the entrance as an outlot that will
be owned and maintained by the Homeowners' Association.
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12) The applicant has proposed to put the cluster mailbox, pedestrian
shelter and landscaping materials within the road right-of-way at the
entrance of the development. The applicant shall submit a
reconfigured plat for review and approval by Weld County staff. The
plat shall position the mailbox, pedestrian shelter, and landscaping
material on outlot(s) which will be owned and maintained by the
Homeowners'Association. The applicant shall submit evidence that
the School and Postal District have approved the new locations for
the pedestrian shelter and mailbox.
B. The applicant shall either provide the Department of Planning Services with
a copy of an agreement with the property's mineral owners and lessees
stipulating that the oil and gas activities have adequately been incorporated
into the design of the site, or indicate the 400-foot by 400-foot and the
800-foot by 800-foot drilling envelope locations, per State statute.
C. The applicant shall either provide the Department of Planning Services with
a copyof an agreement with the North Poudre Irrigation Company stipulating
that the ditch activities have adequately been incorporated into the design of
the site, or indicate how the concerns of the Ditch Company have been
addressed.
D. 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#1095, is from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone District for nine(9) 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 and the setback requirements for the development sign
within the median. 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.
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D. The internal roadways of gated communities shall be maintained by the
Homeowners' Association.
E. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways within subdivisions that are not maintained by the County.
F. Weld County's Right to Farm Statment, 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 PUD 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.
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(1)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/PermitsUnit for
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.
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. A cash-in-lieu of land dedication fee, in the amount of$10,931.13, shall be
paid to Weld County School District RE-4 at the time of building permit
submittal. The School District is responsible for collecting this fee.
N. Building permits shall be obtained prior to the construction of any building.
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O. 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.
P. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include the
2003 International Residential Code,2003 International Building Code,2003
International Mechanical Code, 2003 International Plumbing Code, 2003
International Fuel Gas Code,2002 National Electrical Code,and Chapter 29
of the Weld County Code.
Q. 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.
R. Building height shall be measured in accordance with the applicable Building
Code (currently 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.
Offset and setback requirements 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.
S. 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,except
for the setbacks for the entrance sign in the median. These requirements
shall apply to all temporary and permanent signs.
T. 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.
U. 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.
V. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
W. The propertyowner shall be responsible for compiling with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
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X. 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.
Y. 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.
Z. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
AA. 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.
BB. 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 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.
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5. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreement 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. The applicant shall submit draft Covenants for review by County staff. The
Covenants shall address comments made by the Weld County Sheriff's
Office, the Colorado Division of Wildlife, and the Weld County Department
of Public Health and Environment.
C. In accordance with Section 2-13-70.H of the Weld County Code, the
applicant shall designate a name for the interior road that identifies the
north-south cul-de-sacs as"Way"and the east-west cul-de-sacs as"Place".
The applicant shall contact the Weld County Department of Building
Inspection to discuss street name options and obtain new addresses with
the appropriate street names.
D. All copies of the Final Plan application shall include a copy of the corrected
street name and addressing from the Weld County Department of Building
Inspection.
E. The applicant shall include evidence in the Final Plan application that the
appropriate Postal District has reviewed the corrected addressing and
interior street name.
F. Weld County Road 15,adjacent to the proposed development, is classified
by the County as a local road (Weld County Roadway Classification Plan,
June 2002),which requires a 60-foot right-of-way. If the right-of-way cannot
be verified, it shall be dedicated on the final plat.
G. Weld County Road 86,adjacent to the proposed development, is classified
by the County as a local road (Weld County Roadway Classification Plan,
June 2002),which requires a 60-foot right-of-way. If the right-of-way cannot
be verified, it shall be dedicated on the final plat.
H. The applicant shall prepare a pavement design prepared by a professional
engineer submitted with the Final Plan materials.
I. Easements shall be shown on the final plat in accordance with
Section 24-7-60 of the Weld County Code and/or recommendations of the
Utilities Coordinating Advisory Committee.
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J. All easements(front,side,and rear lot,etcetera)shall be shown on the final
plat in accordance with Chapter27,Article IX(PUD Mapping requirements),
of the Weld County Code.
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 with the Final Plan application for review 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 the Final Plan
application. The Stormwater Management Plans may be based on Urban
Drainage methodology.
Q. The final plat shall designate two(2)septic system envelopes on each lot.
All septic envelopes must meet all setbacks.
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6. Prior to recording the final plat:
A. 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.
B. 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.
C. 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.
D. The applicant shall submit evidence that the water tap intended to service the
outlot at the entrance to the subdivision has been transferred to the
Homeowners' Association.
E. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is .tif(Group 4) ... (Group 6 is not acceptable).
7. Prior to the release of collateral:
A. The applicant shall submit recorded deeds which transfer ownership of the
outlot(s) 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 February, A.D., 2006.
`BOARD OF COUNTY COMMISSIONERS
/ /�J V ELD CO TY, COLORADO
ATTEST: aG 43 'a_ /2/1/, ,
4" / . Geile, Chair
Weld County Clerk to the Bit ' .� �i;i""-�►
f 4 E. CUSED
By: 11-14-€1 Vag - ,i ` :David E. Long, Pro-Tem
De ty Clerk to the Boar. —L-, —:-/-/, -f
Wi ' . Jerke
AP O D AS TO •
Rob D. Mas n
un Attorney
Glen Vaad
I Date of signature: 3 113 Ian
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