HomeMy WebLinkAbout20060738.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1099, FROM A(AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - SOARING SKIES
VENTURES, 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 5th day of April, 2006, at 10:00 a.m. for the
purpose of hearing the application of Soaring Skies Ventures, LLC, P.O. Box 1245, Fort Collins,
Colorado 80522-1245,requesting Change of Zone,PZ#1099,from the A(Agricultural)Zone District
to the PUD(Planned Unit Development)Zone District for nine(9)residential lots,fora parcel of land
located on the following described real estate, to-wit:
Lot B of Recorded Exemption#3685;being part of the
S1/2 of Section 5,Township 7 North,Range 67 West
of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Timothy Halopoff,P.E.,2819 Seccomb Street,
Fort Collins, Colorado 80526, 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),
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 22-3-50.6.1 (P.Goal 2)states, "Require adequate facilities
and services to assure the health,safety,and general welfare of the
present and future residents of the County." The proposed PUD will
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. The applicant
has met the performance standards as delineated in Section 27-2-10.
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 and Larimer County,and both indicated no conflict with
their interests.
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 North Weld County Water District,
and Individual Sewage Disposal Systems will handle the effluent flow.
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 15.
f. Section 27-6-120.D.5.f-The Conditions ofApproval ensure 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, prior to recording the final plat.
g. Section 27-6-120.D.5.g - There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The site does not lie withing 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.
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h. Section 27-6-120.D.5.h - The submitted Specific Development Guide
accurately reflects the Performance Standards and allowed uses described
in the proposed Zone District, as described previously.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Soaring Skies Ventures, LLC, for Change of Zone,
PZ#1099, from the A(Agricultural)Zone District to the PUD (Planned Unit Development) Zone
District for nine(9)residential lots,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-1099.
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 15, adjacent to the west boundary of the
proposed development, is classified as a local paved
roadway,which requires 60 feet of right-of-way at full buildout.
The applicant shall verify the existing section line right-of-way,
and the documents creating the right-of-way shall be noted
on the Change of Zone plat. If the section line right-of-way
cannot be verified, it will be dedicated on the final plat.
b. Internal roads shall meet Weld County criteria for a PUD.
The internal road right-of-way shall be 60 feet in width,
including cul-de-sacs with a 65-foot radius,and dedicated to
the public. The typical section of the interior roadway shall be
shown as two 12-foot paved lanes with 4-foot gravel
shoulders on the Change of Zone plat. The cul-de-sac edge
of pavement radius shall be 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 applicant shall submit the standard detail for the corner
of the internal road to the Department of Public Works.
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d. The proposed internal road is longer than the block length
permitted by the Weld County Code,therefore,the applicant
shall be required to install an"eyebrow"turn-around at some
strategic midpoint in the alignment, or propose some other
alternative to be approved by the Department of Public Works
and the local emergency response districts.
e. All reference to Shepherds Hill Estate shall be changed to
Sorrel Ridge.
3) An outlot shall be created in the median 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 in the
median and verify that the required ten (10)foot setback from the
road right-of-way can be met.
5) The applicant has proposed the cluster mailbox and pedestrian
shelter be placed within the road right-of-way at the entrance of the
development. The applicant shall submit a reconfigured plat for
review and approval by County staff. The plat shall position the
mailbox and pedestrian shelter on an outlot which will be owned and
maintained by the Homeowners' Association. The applicant shall
submit evidence that the school district and postal district have
approved the new locations for the pedestrian shelter and mailbox.
6) The Poudre Fire Authority has required an emergency fire lane of
asphalt or concrete. The plat shall be amended to show the
emergency fire lane as a separate outlot to be owned and maintained
by the Homeowners' Association.
7) The Plat Certificates shall be amended in accordance with
Appendix 26-P of the Weld County Code.
8) The Vicinity and Land Use Map(Page 3 of 3)and the Change of Zone
Map(Page 2 of 3)shall be incorporated into one Change of Zone Map
in accordance with Section 27-9-20 of the Weld County Code.
9) The Change of Zone Map shall be done to a commonly recognized
scale, such as 1u=1001.
10) 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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11) 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#1099, is from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone District for nine(9)residential lots,
open space, 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 North Weld County 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. 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,at www.cdphe.state.co.us/wq/PermitsUnit for
more information.
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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, and
apply for a Permit from the Colorado Department of Public Health and
Environment.
K. The Weld County Sheriff's Office has limited traffic enforcement powers on
roadways within subdivisions which are not maintained or adopted by the
County.
L. Oil and gas production facilities within this PUD shall be fenced off in order
to mitigate the potential for tampering.
M. Building permits shall be obtained prior to the construction of any building.
N. 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. Two complete sets of plans are required when applying for
each permit.
O. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently,the following have been
adopted by Weld County: the 2003 International Building Code, 2003
International Mechanical Code, 2003 International Plumbing Code, 2002
National Electrical Code, and Chapter 29 of the Weld County Code.
P. 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.
Q. Building height shall be measured in accordance with the applicable 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
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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.
R. All residences shall be required to have fire sprinklers installed unless the
requirement is waived by the Poudre Fire Authority.
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. 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 proposed lots 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 property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
X. 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.
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, nor shall any building permits be
issued on the property,until the Final Plan has been approved and recorded.
AA. 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
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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 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. 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. The applicant shall submit preliminary Covenants for review by County staff.
As requested by the Weld County Department of Public Health and
Environment, the Covenants shall caution future owners that should a
secondary absorption field become necessary prior to Boxelder Sanitation
availability,associated outbuildings could impede the placement of that field.
The Covenants shall also address maintenance of roadways until such time
that the County may accept maintenance as requested by the Weld County
Sheriffs Office. Further, the comments made by the Colorado Division of
Wildlife,in the referral response dated August 2,2005,concerning fencing,
construction dates,leash laws, nuisance wildlife,and a weed plan,shall be
addressed.
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C. All copies of the Final Plan application shall include a copy of the proposed
street name and addresses, as indicated in the referral response from the
Weld County Department of Building Inspection.
D. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has reviewed the proposed addresses and interior
street name.
E. The applicant shall submit a detailed Landscape Plan for review and
approval.
F. The applicant must provide a pavement design prepared by a professional
engineer along with the final plat submittal.
G. Easements shall be shown on the final plat in accordance with County
standards (Section 24-7-60) and/or Utilities Coordinating Advisory
Committee recommendations.
H. 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.
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. Construction details
must be included.
J. Stop signs and street name signs will be required at all intersections, and
must be 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.
K. 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.
L. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage for the Final Plan application. Front, rear, and side
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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. Uphill drainage shall be noted on the west curb
line of the southbound lane of Sorel Ridge Road, adjacent to proposed Lot
7(shown on PUD Sketch Plan—Drainage Report by JR Engineering,dated
June 15, 2005).
M. 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.
6. Prior to recording the final plat:
A. The applicant shall submit written evidence from School District RE-4,to the
Department of Planning Services, which indicates that all School District
requirements have been met.
B. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements (On-Site). The agreement
shall be approved by the Board of County Commissioners.
C. The applicant shall submit certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
D. The applicant shall submit a copy of a finalized Water Service Agreement
between the applicant and the North Weld County Water District for service
to the PUD.
E. The applicant shall submit finalized Covenants and the appropriate recording
fee (currently $6 for the first page and $5 for each additional page)to the
Department of Planning Services.
F. Weld County Road 15, adjacent to the west boundary of the proposed
development,is classified as a local paved roadway,which requires 60 feet
of right-of-way at full buildout. If the section line right-of-way cannot be
verified, it will be dedicated on the final plat.
G. The applicant shall submit evidence that the mineral rights purchased from
Anadarko have been deeded to the Homeowners' Association.
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H. 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 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 5th day of April, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
���� WELD C NTY, COLORADO
ATTEST: il�- --�D//'//u e, Ch
/ d M. J. Geile, Chair
Weld County Clerk to the Board
EXCUSED
David E. Long, Pro-Tem
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Deputy Clerk to the " ! 9 t'L'-
Wil - H. Jerke
ilia Ott,
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frp Robe D. Masde
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Date of signature:V4'Q 5-o Co
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