HomeMy WebLinkAbout20020694.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #568 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO BE KNOWN AS THE
SUMMIT AT MOUNTAIN VIEW PUD - DNS DEVELOPMENT, LLC, C/O DAVID
DALGLISH
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 17th day of April, 2002, at 10:00 a.m. for
the purpose of hearing the application of DNS Development, LLC, do David Dalglish, 451 21st
Avenue, Longmont, Colorado 80501, requesting a Change of Zone from the A (Agricultural)
Zone District to a PUD (Planned Unit Development) Zone District for seven residential lots with
E (Estate) zone uses, and 4.445 acres of Common Open Space, to be known as The Summit
at Mountain View PUD, on a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption #2196; being part of
the E1/2 of Section 5, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by David Dalglish, President, 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 Planned Unit
Development and Chapters 19 (Coordinated Planning Agreements),
Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of this Code.
The proposed site is not influenced by an Intergovernmental Agreement.
The proposal is consistent with the aforementioned documents as
follows:
1) Section 22-2-60.A.1 (A.Goal 1) states, "Preserve prime farmland
for agricultural purposes which foster the economic health and
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CHANGE OF ZONE #568 FROM A (AGRICULTURAL) TO PUD - DNS DEVELOPMENT, LLC,
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continuance of agriculture." Chapter 22, Section 22-2-60.1.1
(A.Goal 9) indicates that eighty (80) acres is considered the
minimum lot size for a viable farming operation. The subject
parcel is 28.6 acres net in size and is classified as "High Potential
Dry Cropland" farmland on the Important Farmlands of Weld
County Map. Given the lack of viable soils, lack of irrigation
water, and shape of the parcel, it is not economically viable for
agricultural production. Therefore, prime farmland will not be
removed from production.
2) Section 22-2-60.C.2 (A.Policy 3) states, "Conversion of
agricultural land to residential, commercial and industrial
development will be discouraged when the subject site is located
outside of a municipality's comprehensive plan area, urban growth
boundary area, or 1-25 Mixed Use Development area and urban
development nodes." The application proposes non-urban scale
development as defined by Section 27-2-140 of the Weld County
Code. Section 27-2-140 defines non-urban scale development as
"...developments comprising nine (9) or fewer residential lots,
located in a non-urban area as defined in Chapter 22 of the Weld
County Code, not adjacent to other PUDs, subdivisions, municipal
boundaries or urban growth corridors." This proposal includes
public water and consists of seven (7) E (Estate) zoned residential
lots and 4.445 acres of common open space. The minimum
proposed lot size of 3.2 acres, coupled with the overall density of
one system per 4.08 acres, meets the current Department policy.
Section 27-2-190 defines urban scale as development that either
exceeds nine (9) lots or is located within close proximity to
existing PUDs, subdivisions, municipal boundaries or urban
growth boundaries. The subject site is located north of and
adjacent to the Peaks at Mountain View PUD and west of and
adjacent to Carmacar Ranchettes, thus urban scale development
standards shall be imposed.
3) Section 22-2-190.D.2.b (PUD.Policy 4.2) states, "A planned unit
development which includes a residential use should provide
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" The proposed open
space of 4.445 acres meets the requirements of PUD.Policy 4.2
4) 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 application
has satisfied Chapter 27 of the Weld County Code in regard to
water service. Water is to be provided by the Left Hand Water
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District. Evidence of pre-purchased water taps from Left Hand
Water District is provided in the application materials. The
application has satisfied Chapter 27 of the Weld County Code in
regard to sewer service. Sewer will be provided by individual
sewage disposal systems. Preliminary percolation data included
in the Sketch Plan application indicates the area in the vicinity of
Lot 5 will require an engineered system due to unsuitable
percolation rates. The preliminary data includes that the other
sites will be suitable for conventional septic systems.
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 twenty performance standards as delineated in
Section 27-2-10 regarding access, buffering and screening, bulk
requirements, circulation, etcetera. 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 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 not influenced by an
Intergovernmental Agreement but is within the three-mile referral areas
for the Towns of Dacono, Frederick, and Erie. Dacono and Frederick
found no conflicts with their interests. The Town of Erie did not respond;
however, the applicant did speak with Hallie Sawyer from Erie and she
stated they would not oppose the proposal.
d. Section 27-6-120.D.5.d —The Planned Unit Development Zone District
shall 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 Left Hand Water District has
indicated its ability and willingness to service this application. Sewage
disposal will be served by Individual Sewage Disposal Systems (I.S.D.S.).
Based on a geotechnical report from Terracon, dated March 20, 2001,
"...construction of standard septic systems and leach fields may be
feasible for the majority of the site." Primary and secondary septic
systems shall be designated on each lot as recommended. Language
restricting building on the septic system envelopes will be included in the
Homeowners' Association Covenants, v.-,hich will be submitted with the
Final Plan application.
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
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PUD Zone District. The developers of the Planned Unit Development
have requested a waiver to the County requirements to pave the internal
streets of the proposal. The request has been declined by the
Departments of Planning Services and Public Works. All urban scale
developments shall pave the internal road systems of the development.
Urban scale development requires support services such as central
water, sewer systems, road networks, parks and recreation facilities and
programs, and storm drainage. Internal roadways require 60 feet of
right-of-way. The roadway shown on the plat does meet the
requirements of the Weld County Code which is two 12-foot paved lanes
and two four-foot shoulders. The typical street section shown on the
Change of Zone plat is acceptable. The paving cross section and a road
construction plan can be submitted at the Final Plat stage.
f. Section 27-6-120.D.5.f—An Off-site Road Improvements Agreement
shall be completed to address dust control for Mountain View and Fir
Streets during the construction period for the improvements in The
Summit at Mountain View.
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. Effective December 1, 1999, Building
Permits issued on the proposed lots will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program Area 2. The
Colorado Geological Survey, in the referral letter dated July 2, 2001,
identified several areas of concern for the site. These concerns address
such issues as lignite, oil and gas wells, groundwater, and foundation and
I.S.D.S. design. However, they indicated that no geologic conditions
exist that would preclude development. Development Standards included
at the Final Plan will ensure the site is developed according to the
Colorado Geological Survey recommendations. In the referral response
dated December 12, 2001, the Weld County Department of Building
Inspection is requiring engineered foundations based on a site-specific
geotechnical report or an open-hole inspection performed by a Colorado
registered engineer. Also a Plan Review will be required for each
building. Two complete sets of plans are required when applying for the
permit.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District(s), uses, and the specific or conceptual 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 is requesting that the
Final Plan be administratively reviewed. The Department of Planning
Services concurs with this request.
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C/O DAVID DALGLISH
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of DNS Development, LLC, c/o David Dalglish, for
a Change of Zone from A (Agricultural) to a PUD (Planned Unit Development) Zone District for
seven residential lots with E (Estate) zone uses, and 4.445 acres of Common Open Space, to
be known as The Summit at Mountain View PUD, on the above referenced parcel of land be,
and hereby is, granted subject to the following conditions:
1. The applicant shall submit evidence that an agreement has been reached with
the property's mineral owners or submit evidence that the mineral owners'
concerns have been mitigated.
2. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) The future extension of Longs Peak Street with the appropriate
right-of-way delineated.
2) The bus pullout with mailboxes.
3) The placement of building envelopes for Lots 2 and 3.
4) All proposed or existing structures will meet the minimum setback
and offset requirements for the Zone District in which the property
is located. (Lot 6)
5) All landscaping within the intersection sight triangles must be less
than 3.5 feet above the road level at maturity.
6) The applicant shall attempt to address the requirements or
concerns of the Weld County Sheriff's Office. Evidence shall be
submitted to the Department of Planning Services prior to
recording the plat.
7) The applicant shall attempt to address the requirements or
concerns of the St. Vrain Valley School District, RE-1J. Evidence
shall be submitted to the Department of Planning Services prior to
recording the plat.
8) The applicant shall submit a proposed estimate of time for
construction of the Planned Unit Development.
B. The Change of Zone plat shall meet all requirements of Section 27-9-20
of the Weld County Code.
C. The applicant shall submit a digital file of all drawings associated with the
Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and
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.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).
3. 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. The Site Specific Development Plan is for a Change of Zone from the A
(Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for seven residential lots with E (Estate) zone uses, and 4.445
acres of Common Open Space as indicated in the application materials
and subject to and governed by the Conditions of Approval stated hereon
and all applicable Weld County regulations.
B. The applicant shall utilize water from the Left Hand Water District.
C. A Weld County Septic Permit is required for each proposed septic system
and shall be installed according to the Weld County I.S.D.S. Regulations.
Each septic system shall be designed for site-specific conditions,
including, but not limited to, maximum seasonal high groundwater, poor
soils, and shallow bedrock.
D. The applicant shall obtain a Storm Water Discharge permit from the
Water Quality Control Division of the Colorado Department of Public
Health and Environment, if required. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the construction
phase of the project.
E. 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
(APEN), and apply for a permit from the Colorado Department of Public
Health and Environment.
F. During development of the site, all land disturbance 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.
G. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five acres of land
must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
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H. 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.
Weld County's Right To Farm statement, as it appears in the Weld
County Code, Appendix 22-E, shall be placed on the Plat.
J. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
K. All signs, including entrance signs, shall require building permits. Signs
shall adhere to Section 23-4-80 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
L. No development activity shall commence on the property, nor shall any
building permits be issued on the property, until the Final Plan has been
approved and recorded.
M. Proper building permits shall be obtained prior to any construction,
remodeling, demolition, or excavation.
N. All structures shall conform to Section 29-2-20 of the Weld County Code
(1997 Uniform Building Code), Section 29-2-30 of the Weld County Code
(1998 International Mechanical Code), Section 29-2-40 of the Weld
County Code (1999 Electrical Code), Section 29-2-50 of the Weld County
Code (1997 International Plumbing Code), and Section 29-2-10 of the
Weld County Code (current Weld County Building Code Ordinance).
O. All buildings or structures shall maintain distances from the property lines
and adjacent structures as outlined in Section 29-3-160 of the Weld
County Code.
P. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code.
Q. Personnel from the Weld County Departments of Public Health and
Environment, Public Works, and Planning Services 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.
R. 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 two (2) years
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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 be reverted
to the original Zone District.
4. 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.
5. At the time of Final Plan submission:
A. The applicant shall submit final road layout and alignment plans with
associated documents to the Department of Public Works for review and
approval.
B. The applicant shall submit an On-site (Private) Improvements Agreement
that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code.
C. The applicant shall submit evidence to the Department of Planning
Services that approval was received from the Department of Public
Works of an Improvements Agreement Regarding Collateral for the
Transportation portion of the PUD.
D. The applicant shall submit a draft of the Homeowners' Association
Bylaws and Covenants.
E. The applicant shall submit a Landscape Plan in accordance with
Section 27-2-100 of the Weld County Code.
F. The applicant shall contact the appropriate postal service, ambulance
service, fire district, St. Vrain School District, and Weld County Sheriff's
Office for review and approval of the preliminary addresses, bus/mail pick
up location, and street name.
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
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CHANGE OF ZONE #568 FROM A (AGRICULTURAL) TO PUD - DNS DEVELOPMENT, LLC,
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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).
H. The applicant shall submit a Drainage Report for review and approval, to
the Department of Planning Services.
6. Prior to the release of any building permits:
A. The applicant shall supply designated street and Stop signs, as required
by Weld County Department of Public Works, at the appropriate
locations.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
` WELD COUat NT CO ORADO
ATTEST: � �^ /�D `� `
G n Vaad, ( ndn
Weld County Clerk to the k ip tt .x.
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Deputy Clerk to the Boa4% ktJ r )J/ i��`A#Gam.
M. . Geile
A PRO D AS F M: EXCUSED
William H. Jerke
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Date of signature: a9
2002-0694
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