HomeMy WebLinkAbout20021536.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #553 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO CREATE NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES AND ONE AGRICULTURAL
LOT WITH A CONSERVATION EASEMENT - DENNIS NEAL
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 10th day of July, 2002, at 10:00 a.m. for
the purpose of hearing the application of Dennis Neal 4770 Baseline Road, Suite 200,
Boulder, Colorado 80303, requesting Change of Zone #553 from the A (Agricultural) Zone
District to a PUD (Planned Unit Development) Zone District to create nine (9) residential lots
with E (Estate)zone uses and one agricultural lot with a Conservation Easement on a parcel of
land located on the following described real estate, to-wit:
Lot B of Recorded Exemption #2835; being part of
the SW1/4 of Section 29, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Todd Hodges, Todd Hodges Design,
LLC, 2412 Denby Court, 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 proposed site is not influenced by an
Intergovernmental Agreement, and is consistent with Chapter 22
(Comprehensive Plan)as follows:
1) 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...." A
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Conservation Easement has been placed upon the ninety-nine
(99) acre agricultural lot. The Conservation Easement limits use
of the property to those uses which are consistent with
conservation values. Only limited agricultural improvements are
allowed, such as unenclosed loafing sheds, corrals, hay racks or
stock tanks. The lot may be accessible, at the owner's discretion,
to Lots 1 through 9 for uses consistent with conservation values
such as bird watching, hiking, horseback riding, mountain biking,
cross country skiing, hunting, and fishing. A Condition of
Approval has been added to ensure that Lots 2 and 3 have an
adequate, safe access to the agricultural lot. As proposed, the
property owner would be required to access the Lot from the
interior road. Public roads are not considered legal or safe for a
pedestrian on foot or on horseback to travel within a Planned Unit
Development.
2) 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 Planned Unit Development will be serviced by the Little
Thompson Water District for potable water and fire protection
requirements. Individual Sewage Disposal Systems will handle
the effluent flow.
b. Section 27-6-120.D.5.b — The uses which would be allowed in the
proposed PUD will conform with the Performance Standards of the PUD
Zone District contained in Article II, Chapter 27 of the Weld County
Code.
1) Section 27-2-20, Access standards —The applicant has
requested to replace the required pavement on the interior road
with gravel. However, an exception to paving may only be
granted when the PUD is not located within close proximity to
other PUDs, subdivisions and municipal boundaries. Dove Haven
PUD is located northeast of and adjacent to the proposed
subdivision. Planning Services and Public Works have
determined that pavement is appropriate for the proposed PUD.
2) Section 27-2-30, Buffering and screening — In a referral response
dated March 22, 2002, the Town of Berthoud requested that a
consistent perimeter treatment be provided for Lots 1 through 3
and Lot 9 that border Weld County Road 40.5. A Condition of
Approval has been included to ensure that the applicant shall
attempt to meet the towns concerns. The applicant has met the
remaining eighteen 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.
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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 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 Town of Berthoud
stated that the proposal is consistent with the Town's Land Use Plan for
the Cooperative Planning Area due to the proposed clustering of lots
and retention of the largest portion of the site in a Conservation
Easement. The Town did list concerns regarding building envelopes and
a consistent perimeter treatment, which have been addressed through
the Conditions of Approval. The Town of Mead indicated no conflicts
with its interests.
d. Section 27-6-120.D.5.d -- In compliance with the Performance Standards
in Article II the Weld County Code, the proposed Planned Unit
Development will be serviced by the Little Thompson Water District for
potable water and fire protection requirements. The Weld County
Attorney's Office has approved the Line Extension Agreement between
the Little Thompson and the applicant. Individual Sewage Disposal
Systems will handle the effluent flow. The Weld County Department of
Public Health and Environment has indicated in a referral response
dated April 12, 2002, that the application has satisfied Chapter 27 of the
Weld County Code in regard to sewer service.
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 Planned Unit Development Zone District. The Weld County
Public Works Department has reviewed the proposal and has
determined that 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 roadway section of the interior
roadway shall be shown as two twelve-foot paved lanes with four-foot
gravel shoulders on the final plat. The cul-de-sac edge of pavement
radius shall be fifty (50)feet. The Weld County Department of Public
Works is also requiring the applicant pay a proportional share of the cost
to improve Weld County Road 40.5.
f. Section 27-6-120.D.5.f-- The Weld County Departments of Public Works
and Planning Services shall require an Improvements Agreement in
accordance with Section 27-6-120.D.5.f of the Weld County Code for
improvements to Mill Creek Planned Unit Development and all on-site
improvements along with a proportional share of the cost to improve
Weld County Road 40.5.
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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 Weld County Department of Public
Works stated that a Final Drainage Report and construction plans,
conforming to the Drainage Report, shall be approved prior to recording
final plat.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Dennis Neal for Change of Zone#553 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 applicant shall either submit a copy of an agreement with the
property's mineral owners stipulating that the oil and gas activities have
been adequately incorporated into the design of the site and reserved on
the Change of Zone plat, or reserve on the plat the possible future
drilling sites as approved by the Board of County Commissioners.
B. The existing access to Lot 10 shall be moved onto the applicant's
property, or evidence shall be submitted to the Weld County Department
of Planning Services indicating an access agreement has been reached
with the adjoining property owner or a court order has been obtained
which allows the access.
C. The applicant shall attempt to comply with the Town of Berthoud's
concerns regarding building envelopes and a consistent perimeter
treatment for Lots 1 through 3 and Lot 9 that border Weld County
Road 40.5. Proposed mitigation for the concerns shall be submitted to
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 April 10, 2002, and incorporate
remedies for these concerns. Written evidence of a solution shall be
provided to the Department of Planning Services.
E. The plat shall be amended to include the following:
1) The location of the three fire hydrants required by the Berthoud
Fire Protection District.
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2) The applicant shall show on the Change of Zone Plat a typical
roadway section meeting Planned Unit Development criteria.
Evidence of approval from the Weld County Department of Public
Works shall be submitted to the Weld County Department of
Planning Services.
3) A one-hundred (100)foot perpendicular road segment to Weld
County Road 40.5, also tangent to the internal road curvature.
Evidence of approval from the Weld County Department of Public
Works shall be submitted to the Weld County Department of
Planning Services.
F. The applicant shall provide evidence that the four-foot concrete lined
ditch is either a named ditch or a lateral servicing a limited number of
lots. Further, the applicant shall provide evidence of ownership of the
ditch.
G. The applicant shall submit evidence that any or all concerns of the State
of Colorado, Division of Water Resources, have been resolved.
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 #533 from the A (Agricultural)Zone District to the PUD
(Planned Unit Development) Zone District will created nine (9) residential
lots with E (Estate) Zone District uses and one agricultural lot with a
Conservation Easement as indicated in the application materials on file
and subject to and governed by the Conditions of Approval stated
hereon and all applicable Weld County regulations.
B. Residential Building Permits will not be issued on Lot 10.
C. Water service shall be obtained from the Little Thompson Water District.
D. A Weld County Septic Permit is required for each proposed septic
system and shall be installed according to the Weld County Individual
Sewage Disposal System (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.
E. The applicant shall obtain a Storm Water Discharge Permit from the
Water Quality Control Division of the Colorado Department of Public
Health and the 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.
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F. 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.
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 that are
technologically feasible and economically reasonable in order to
minimize dust emissions.
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 note as delineated in Appendix 22-E of the
Weld County Code.
J. Weld County's Right to Farm as delineated on this plat shall be
recognized at all times.
K. The emergency point of ingress/egress from Weld County Road 3 into
the development shall be gated with a Knox Box locking mechanism or
equivalent.
L. 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.
M. Proper building permits shall be obtained prior to any construction,
remodeling, demolition, or excavation.
N. The Weld County Sheriffs Office has significant limitations regarding
traffic enforcement on private roads in the event of speeding or other
use which may not conform to traffic laws on public roads.
O. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
P. The property owner 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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Q. Personnel from the Weld County Departments of Public Health and
Environment, Planning Services, and Public Works 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 Conditions of
Approval stated herein and all applicable Weld County regulations.
R. The site shall maintain compliance at all times with the requirements of
the Weld County Departments of Public Works, Public Health and the
Environment, and Planning Services, and adopted Weld County Code
and policies.
S. No development activity shall commence on the propoerty, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
T. 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 two (2) 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.
U. The Planned Unit Development 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).
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4. At the time of Final Plan submission:
A. The rights-of-way shall be verified and shown on the final plat for Weld
County Roads 3 and 40.5. If the rights-of-way cannot be documented,
they will be dedicated on the final plat.
B. The applicant shall reserve a future thirty (30) foot right-of-way along the
section line on the Final Plat.
C. The applicant shall submit Roadway, Grading Plans, and details with the
Final Plat application to be approved prior to recording the Final Plat.
Final roadway plans shall indicate Stop signs and street names.
D. A one-hundred (100) foot perpendicular road segment to Weld County
Road 40.5, also tangent to the internal road curvature, shall be identified
on the Final Plat.
E. The applicant shall submit an On-site (Public) Improvements Agreement
with the Final Plat application that addresses all improvements
associated with this development, per compliance with Section 24-9-10
of the Weld County Code.
F. The applicant shall submit a proposed agreement with Weld County to
proportionally share the cost of improvements to Weld County Road
40.5.
G. A Final Drainage Report stamped, signed and dated by a professional
engineer licensed in the State of Colorado, along with construction plans
conforming to the Drainage Report, shall be submitted with the Final Plat
application for approval prior to recording the Final Plat.
H. The applicant shall submit an amended Landscape Plan that addresses
the following:
1) The applicant has submitted a proposed plant material location
be submitted with the Final Plat application.
M. The applicant shall submit evidence to the Weld County Department of
Planning Services that all proposed street names and lot addresses
have been submitted to the Berthoud Fire Protection District, the Weld
County Sheriff's Office, the Weld County Ambulance Services
Department and the Post Office for review.
N. The proposed mail box location shall be located on site in an area that
has adequate sight distance from Weld County Road 40.5 and the
internal access to the Mill Creek Planned Unit Development. Evidence
shall be provided to Weld County Department of Planning Services from
the applicable Post Office stating that this location meets its design
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standards and delivery requirements. Should a single pedestal mail box
not be the preferred standard, written evidence from the applicable Post
Office shall be provided stating the contrary.
O. The proposed final location of the ditch to be used for irrigation for Lots 1
through 9 shall be indicated on the final plat.
P. 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).
5. Prior to the release of any building permits:
A. Complete plans for the site shall be submitted for review by the Berthoud
Fire Protection District.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 10th day of July, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELDCOUNTY, OLORADO
ATTEST: &4 E ug) `
0. -' Gle♦iL.ad, h_
Weld County Clerk tot 41%2
/ •wV �,� David E. Lo f, Pro-Tem
•
Deputy Clerk to the Bo�'V�I� ��►� .
M. J. Geile
AP AS TO FO
illia H. Jerke
unty Attorney
obert D. asden
Date of signature: °
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