HomeMy WebLinkAbout20060724.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1085, FROM A(AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES AND 11 ACRES OF OPEN
SPACE -TWIN VIEW ESTATES, 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 Twin View Estates, LLC,3555 Stanford Road,Suite 204, Fort
Collins,Colorado 80525,requesting a Change of Zone from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone District for nine(9)residential lots with E(Estate)Zone uses
and 11 acres of open space,for a parcel of land located on the following described real estate,to-
wit:
Lot B of Recorded Exemption#2953;being part of the
SW1/4 of Section 5, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Lauren Light, c/o Tetra Tech RMC, 1900
South Sunset, Suite 1-F, Longmont, Colorado 80501, 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 proposed site is not influenced
by an Intergovernmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-2-210.D.2 (PUD.Policy 4.2.) - A Planned Unit
Development, which includes a residential use, should provide
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common open space free of buildings,streets,driveways,or parking
areas. The common open space should be designed and located to
be easily accessible to all the residents of the project,and usable for
open space and recreation. Some Planned Unit Developments may
not require common open space depending on their type,density,or
other factors. The proposed development will consist of
approximately 11 acres of open space.
2) Section 22-3-50.B(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 residential lots will
be serviced by the Little Thompson Water District and individual
septic systems.
b. Section 27-6-120.D.5.b-The uses will be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained
in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20, Access standards -The applicant shall pave the
internal road.
2) Section 27-2-40, Bulk requirements—The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District,
except for the size of the sign. The applicant has requested the
subdivision entrance sign to be between 25 to 50 square feet, per
face. The E(Estate)Zone District allows for a 32-square-foot sign.
3) The applicant has met the remaining Performance Standards as
delineated in Section 27-2-10. The Conditions of Approval ensure
compliance with Sections 27-2-20 through 27-2-210 of the Weld
County Code.
c. Section 27-6-120.D.5.c-The uses which will be permitted willl 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 not influenced by an Intergovernmental
Agreement. The proposed development is located within the three-mile
referral area of the Towns of Berthoud and Johnstown,and Larimer County.
The Towns of Berthoud and Johnstown indicated no conflicts with their
interests. The Weld County Department of Planning Services has not
received a response from Larimer County.
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d. Section 27-6-120.D.5.d - The residential lots will be serviced by the Little
Thompson Water District. The Weld County Attorney's Office has indicated
that the agreements submitted by the applicant are adequate for the Change
of Zone. The Weld County Department of Public Health and Environment
has indicated, in a referral response dated October 11, 2005, that the
application has satisfied Chapter 27,Article 1,of the Weld County Code in
regard to water and sewer service.
e. Section 27-6-120.D.5.a-The Change of Zone plat submitted by the applicant
shows roadways with a 60-foot right-of-way,including cul-de-sacs with a 65-
foot outside radius. A typical road cross section shall be shown on the
Change of Zone plat. The typical local roadway section shall be shown as
two 12-foot paved lanes with 4-foot gravel shoulders. The cul-de-sac edge
of pavement radius shall be 50 feet. The applicants are requesting a waiver
from curb,gutter,and sidewalks,and the Weld County Department of Public
Works recommends approval. The Weld County Department of Public
Works is requiring the applicant to participate in the paving of Weld County
Road 3,which is classified as a local gravel road with 60 feet of right-of-way.
f. Section 27-6-120.D.5.f-The Weld County Departments of Planning Services
and Public Works have required Private and Public Improvements
Agreements for improvements to Twin View Estates PUD, and all off-site
improvements shall be completed prior to recording the final plat.
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. According to the application,there are two
mineral interests; Twin View Estates, LLC, and Magpie Operation, Inc. A
Surface Use Agreement, dated June 30, 2004, has been signed by Twin
View Estates, LLC, and Magpie Operation, Inc.
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. The applicant is
requesting that the Final Plan be administratively reviewed. The Department
of Planning Services and Weld County Board of Commissioners concur with
this request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Twin View Estates, LLC,for Change of Zone, PZ#1085,
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine
(9)residential lots with E(Estate)Zone uses and 11 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:
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A. The Change of Zone plat shall be amended to delineate the following:
1) The plat shall be labeled PZ-1085.
2) The applicant shall clarify, on the plat, if there are 11 acres of open
space or 10.8 acres of open space.
3) All future signs, including entrance signs, street signs, and Stop
signs shall be delineated on the plat and meet setback requirements.
4) The applicant shall rename the streets according to the Weld County
Addressing Referral dated September 7, 2005.
5) All non-recorded easements shall be removed from the plat.
B. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer,
showing no delinquent taxes exist for the original parcel.
C. The applicant shall attempt to address the requirements, and concerns, of
the Colorado Division of Wildlife, as stated in the referral response dated
September 30,2005. Evidence of such shall be submitted, in writing,to the
Weld County Department of Planning Services.
D. The applicant shall address the concerns of the Weld County Sheriff's
Office, as stated in a memo dated November 1, 2005, and incorporate
remedies for these concerns. The applicant shall provide written evidence
of a solution to the Department of Planning Services.
E. 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).
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#1085, is from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone District for nine(9)residential lots
with E(Estate)Zone uses and 11 acres of common open space-Twin View
Estates PUD.
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B. Water service shall be obtained from the Little Thompson Water District.
C. 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.
D. 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, at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
E. 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.
F. 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.
G. 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.
H. Weld County's Right to Farm Statement,Appendix 22-E of the Weld County
Code, shall be placed on any recorded plat.
The site shall maintain compliance at all times with the requirements of Weld
County Government.
J. 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.
K. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
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L. 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, along with the
enforcement of Covenants.
M. Appropriate building permits shall be obtained prior to any construction or
excavation.
N. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
O. A separate building permit shall be obtained prior to the construction of any
structure, including any future bus shelter, mail kiosk, entryway, and/or
gates.
P. A Plan Review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
Q. 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.
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 Site Plan Review.
Setback and offset distances shall be determined by the Weld County Code.
T. Building height shall be measured in accordance with the 2003 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction, and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld County
Code. Building height shall be measured in accordance with Chapter 23 of
the Weld County Code in order to determine compliance with offset and
setback requirements. 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.
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3. At the time of Final Plat submission:
A. Prior to recording the final plat,the applicant shall provide written evidence
to the Department of Planning Services,from Weld County School District
RE-2J, which indicates that all District requirements have been met.
B. Prior to recording the final plat,the applicant shall submit to the Department
of Planning Services, the deed to transfer the open space to the
Homeowners'Association. The Department of Planning Services will record
the deed with the final plat.
C. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for Improvements (private road maintenance), for
acceptance by the Board of County Commissioners prior to recording the
final plat.
D. The applicant shall submit Covenants for Twin View Estates PUD. The
Covenants shall include the following language for the protection of septic
envelopes,"Activities such as landscaping(i.e.planting of trees and shrubs)
and construction (i.e. auxiliary structures, dirt mounds, etc.)are expressly
prohibited in the designated absorption field site." The Covenants shall be
approved by the Weld County Attorney's Office prior to recording the final
plat.
E. The right-of-way for the internal roadway shall be dedicated to the County.
F. The applicant shall enter into an agreement with Weld County to
proportionally share the cost of improvements to Weld County Road 3. The
applicant shall submit a proposed Public Improvements Agreement with the
final plat application.
G. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
H. The applicant shall provide to the Department of Planning Services with
written evidence of approval of preliminary addresses and street names from
the Postal Service, Fire District and Sheriff's Office.
The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
September 29, 2005.
J. Easements shall be shown in accordance with Weld County Standards
and/or Utilities Coordinating Advisory Committee recommendations on the
final plat.
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K. Prior to recording the final plat,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).
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
A ���� WELD C TY, COLORADO
ATTEST: 1 / y//�(/� , Chair
J� �a // p M. J. Geile, Chair
Weld County Clerk to the Board
EXCUSED
David E. Long, Pro-Tem
BY:
y Clerk to the B ' ' ��✓L
fatit; r , Wi 'am H. Jerke
AP D AS ��'�
� '
IAD
� /Robert D. Masd n
o y Attorney
Glenn Vaad
Date of signature: oU—DS—pir
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