HomeMy WebLinkAbout20021175.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #548 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO CREATE 18 LOTS
WITH COMMERCIAL OR INDUSTRIAL USES, ALONG WITH SIX (6) ACRES OF
OPEN SPACE -CALIFORNIA HOME, INC.
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 29th day of May, 2002, at 10:00 a.m. for
the purpose of hearing the application of California Home, Inc., 3118 Marlin Drive, Longmont,
Colorado 80503, requesting Change of Zone #548 from the A (Agricultural) Zone District to a
PUD (Planned Unit Development) Zone District to create 18 lots with commercial or industrial
uses, along with six (6) acres of open space, on a parcel of land located on the following
described real estate, to-wit:
Part of the NW1/4 NW1/4 of Section 35, Township
3 North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing on May 29, 2002, at the request of the applicant, the Board
deemed it advisable to continue the hearing to Wednesday, June 5, 2002, due to a scheduling
conflict of the applicant's representative, and
WHEREAS, at said hearing on June 5, 2002, the applicant was represented by Don
Leffler, Design Development Consultants, 2627 Redwing Road, Suite 350, Fort Collins,
Colorado 80525 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 —This development is located within the Mixed
Use Development Area. The property is designated as "Employment
Center" on the Mixed Use Development Area Structural Plan Map. The
proposed application is consistent with this land use designation.
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b. Section 27-6-120.D.5.b -- The submitted application does comply with the
20 Performance Standards described in Chapter 27, Article II, 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 development is not located within
an urban growth boundary. It is located within the three-mile referral
areas for the Towns of Firestone and Mead. No referral response was
provided by these municipalities.
d. Section 27-6-120.D.5.d -- Domestic water and water for fire protection
shall be provided by the Little Thompson Water District. Sewer service
shall be provided by the St. Vrain Sanitation District.
e. Section 27-6-120.D.5.e — The 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 Zone District.
f. Section 27-6-120.D.5.f-- Improvements to the internal road and to North
Ridge Road will be required, and shall be ensured through Private and
Public Improvements Agreements.
g. Section 27-6-120.D.5.g —The proposed Change of Zone is located within
the Southwest Weld County Road Impact Fee Area #3. Road impact
fees shall be paid prior to issuance of building permits.
h. Section 27-6-120.D.5.h — The submitted Development Guide does
accurately reflect the Performance Standards and allowed uses
described in the proposed Zone District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of California Home, Inc., for Change of Zone#548-
from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District to
create 18 lots with commercial or industrial uses, along with six (6) acres of open space on the
above referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. The Change of Zone Plat Map shall be submitted to the Department of Planning
Services for recording within 60 days of approval by the Board of County
Commissioners.
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2. Prior to recording the Change of Zone plat:
A. The applicant shall submit a copy of an agreement with the Highland
Ditch Company, whose irrigation ditch runs through the eastern half of
the proposed development between Block 2 and Block 3, stipulating that
all concerns of the ditch company have been adequately addressed, or
submit evidence that reasonable accommodations have been made.
B. A Landscape Plan and maintenance schedule shall be submitted to the
Department of Planning Services for review and approval. The
Landscape Plan shall adhere to the requirements of Section 27-9-30 of
the Weld County Code. The Landscape Plan shall address adequate
buffering and screening from surrounding Agricultural uses.
C. The Change of Zone plat shall meet all requirements of Section 27-9-20
of the Weld County Code and the plat shall be amended to include the
following:
1) Weld County's Right To Farm statement, as it appears in the
Weld County Code, Appendix 22-E.
2) A typical road cross section for Benjamin Avenue, Palace Court,
and Garden Way shall be delineated on the plat.
3) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
4) The applicant shall place on the plat the location of the detention
pond. The configuration of the detention pond and outlet
structure, and any additional cross drainage culverts across the
internal roadway (including any in the State Highway right-of-way
at the entrance), shall be placed on the plat.
5) The approved Landscape Plan.
6) The entry access to the development shall have a one hundred
(100)foot perpendicular road segment to Weld County Road 28,
also tangent to the internal road curvature, and be identified on
the Final Plat."
7) The following notes and information shall be delineated on the
Change of Zone plat:
a) The PUD shall consist of eighteen (18) PUD zoned lots
together with common open space areas. The Change of
Zone allows for C-4 (Commercial) zone uses and I-1
(Industrial) zone uses, which shall comply with the PUD
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Zone District requirements as set forth in
Sections 23-3-500 through 23-3-540 of the Weld County
Code. The common open space shall be owned and
maintained in accordance with Section 27-6-80 of the
Weld County Code.
b) Water service shall be provided by the Little Thompson
Water District.
c) Sewer service shall be provided by the St. Vrain Sanitation
District.
d) The site shall maintain compliance, at all times, with the
requirements of the Weld County Department of Public
Works, Public Health and Environment, and Planning
Services.
e) Installation of utilities shall comply with Section 24-9-10 of
the Weld County Code.
f) The applicant shall obtain a Storm Water Drainage
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.
g) During development of the site, all land disturbance shall
be conducted so that nuisance conditions are not created.
If dust conditions create nuisance conditions, at the
request of the Weld County Health Department, a Fugitive
Dust Control Plan must be submitted.
h) In accordance with the regulations of the Colorado Air
Quality Control Commission, any development which
disturbs more than five (5) acres of land must incorporate
all available and practical methods which are
technologically and economically feasible in order to
minimize dust emission.
I) If land development creates more than a twenty-five (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.
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j) Electrical permits shall be obtained for any irrigation
systems for the development.
k) Proper building permits shall be obtained prior to any
construction or excavation. Building permits shall be
obtained prior to any buildings or structures being
remodeled or demolished.
I) Building permits are required for dwellings and any
accessory buildings being constructed or moved onto the
property.
m) All buildings shall be engineered and will require an
engineered foundation. Such foundation design shall be
based on a site-specific geotechnical report or an "open
hole" inspection made by a Colorado licensed engineer.
n) All buildings or structures shall maintain distances from
property lines and adjacent buildings as outlined in
Section 503 and Table 5-A of the 1997 Uniform Building
Code.
o) Fire protection systems shall be installed as required in
Chapter 9 of the 1997 Uniform Building Code.
p) Handicapped accessibility shall be provided to all
buildings. All buildings shall be accessible as required in
Chapter 11 and Appendix Chapter 11 of the 1997 Uniform
Building Code.
q) The appropriate fire district shall receive a complete set of
construction documents prior to the development of any
specific site.
r) Additional requirements or changes may be required when
building applications or plans are reviewed by the Weld
County Department of Building Inspection or the Mountain
View Fire Protection District.
s) Any signage located on the property shall require building
permits and adhere to Sections 23-4-110 and 27-6-90 of
the Weld County Code.
t) 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 of the date
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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 submittal of the PUD Final Plan. The Board may
extend the date for the submittal 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.
3. Prior to submitting Final Plan application:
A. Construction plans for the utilities, showing the configuration of streets,
the location of fire hydrants, the size of water mains, and available fire
flows will need to be submitted to the Mountain View Fire Protection
District for review and approval. Evidence of Fire District approval shall
be submitted to the Department of Planning Services.
B. The applicant shall investigate the feasibility of placing a trail easement
east of the existing irrigation canal. The trail easement should be
connected with future development on the north and south of this
property for a regional trail spur off the St. Vrain Valley Trails and Open
Lands Master Plan. The applicant shall meet with ditch owners and the
Weld County Long Range Planner to investigate the feasibility of this
placement.
4. The Final Plan application shall adhere to Section 27-7-30 of the Weld County
Code, and shall specifically address the following as well:
A. The Final Plan application shall include Improvements Agreements ,
which may provide for up to three phases of development, in accordance
with Sections 24-9-10 and 24-9-20 of the Weld County Code. The
agreements shall include the internal roads (including Benjamin Avenue),
trail, landscaping of the common open space, and any other appropriate
construction elements. The applicant shall indicate if the road
maintenance of Garden Way and Palace Court will be the responsibility
of the Business Owners' Association, or if the applicant will request that
the road be placed on the County road system.
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B. The Final Plan application shall specify the Business Owners'
Association's method of trail and landscape maintenance.
C. The draft covenants and Business Owners' Association shall address
open space maintenance and landscaping in accordance with
Section 27-6-60 of the Weld County Code.
D. The Final Plan application shall demonstrate compliance with the
recommendations of the Colorado Geological Survey as stated in the
referral dated August 13, 1999.
E. The applicant shall submit a copy of the final plat with addresses and
street names to be reviewed by the Weld County Sheriff's Office,
Mountain View Fire Protection District, and the Post Office which will
serve the development for review. Comments from these agencies shall
be submitted to Department of Planning Services with the Final Plan
application.
F. Copy of an agreement from the property owner to the south indicating
that they will construct the south one-half of North Ridge Road. The
location of the right-of-way shall be indicated on the plat. The applicant
will be required to build at least a 24-foot wide paved road section with
curb, gutter and sidewalk.
G. If there is not an agreement with the property to the south to dedicate a
portion of the right-of-way for North Ridge Road, the applicant will be
required to dedicate the entire right-of-way. The revised location of the
right-of-way shall be indicated on the plat. The applicant will be required
to build at least a 24-foot wide paved section with curb, gutter and
sidewalk.
H. The applicant is proposing to plant trees in the 50-foot buffer area above
a gas line and water line (Little Thompson Water District). The applicant
shall provide a letter from the Little Thompson Water District and gas
company indicating that it is acceptable to plant trees above their
respective lines.
Lanceleaf Cottonwood has an invasive root system that could damage
underlying water and gas lines. Lanceleaf Cottonwoods are proposed for
the 50-foot buffer area on the west end of the proposed development.
The applicant should either replace Lanceleaf Cottonwoods with another
form of landscaping or provide a letter from an arborist registered with the
State of Colorado that Lanceleaf Cottonwoods are acceptable and will not
damage the underlying utility lines.
J. The development will be constructed in three (3) phases. A phasing plan
and agreement will be required prior to final plat acceptance.
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K. The entry access to the development shall have a one hundred (100) foot
perpendicular road segment to Weld County Road 28, also tangent to the
internal road curvature, and be identified on the Final Plat.
L. The applicant shall prepare and sign an Improvements Agreement for
Weld County Road 28, which must be approved by the Weld County
Board of Commissioners. The applicant will be required to pave Weld
County Road 28 from the 1-25 Frontage Road to the east property
boundary.
M. The applicant shall prepare and sign an Improvements Agreement for
North Ridge Road, which must be approved by the Weld County Board of
Commissioners. The applicant will be required to pave North Ridge Road
from the 1-25 Frontage Road to the east property boundary.
5. Prior to recording final plat:
A. The Board of County Commissioners shall review and approve the signed
and dated Improvements Agreement According to Policy Regarding
Collateral for Improvements (Public Road Maintenance and Private Road
Maintenance) including the form of collateral. The security for the
Agreement shall be tendered and accepted by the Board of County
Commissioners. The Improvements Agreement will include, in addition to
internal improvements, building at least a 24-foot wide paved road
section with curb, gutter and sidewalk for proposed North Ridge Road.
B. The minimum rights-of-way for North Ridge Road shall be dedicated on
the Final Plat.
1) The applicant and adjacent property owners shall jointly dedicate
the minimum eighty (80) feet of right-of-way for North Ridge
Road. The signatures of property owners shall be scribed on the
Final Plat dedicating the respective minimum rights-of-way for
North Ridge Road and be approved by the Weld County Board of
Commissioners.
OR
2) The applicant shall dedicate all North Ridge Road minimum eighty
(80) foot right-of-way on their property.
C. The Final Plat shall include a 150-foot setback radius from the existing
tank battery and well facilities and the 200-foot future well setback radius
from the southeast corner of the property.
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D. The Final Plat shall indicate building envelopes for Lots 2 through 4,
Block 2, and Lot 4, Block 3, of the Planned Unit Development. Building
envelopes shall conform to setback and offset requirements for the
Commercial and I-1 (Industrial) Zone Districts as outlined in Chapter 23
of the Weld County Code.
6. Prior to the release of any building permits:
A. Street intersections shall be marked with signs showing street names and
address ranges prior to construction.
B. Proposed Commercial and Industrial developments on this site shall
require a Site Plan Review in accordance with Sections 23-2-150
and 23-2-260 of the Weld County Code.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
��� WEL OUNTY, LORAD
ATTEST: Mild)
" S Gle ad, Chair
Weld County Clerk to the ..r.
E. Lon , Pro-Tem
BY: .ii • ►'1 . . �„
Deputy Clerk to the B�td:-= K ..
APP' S . AS TO FO' I. % U1- 1- i
i iam H. Jer e
noun y Attorne'
Robert D. M den
Date of signature: �a
2002-1175
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