HomeMy WebLinkAbout20021051.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #570 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - OLSON BROS., 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 24th day of April, 2002, at 10:00 a.m. for
the purpose of hearing the application of Olson Bros., LLC, P.O. Box 38, Berthoud, Colorado
80513, requesting a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned
Unit Development) Zone District for eight (8) residential lots with E (Estate) uses, one 54.4-acre
outlot, and 23 acres of common open space located on the following described real estate, to-
wit:
Lot B of Recorded Exemption #2746; being part of
the NE1/4 of Section 30, Township 4 North, Range
67 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 proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and
Chapters 19 (Coordinated Planning Agreements), 22 (Comprehensive
Plan), 23 (Zoning), 24 (Subdivision) and 26 (Mixed Use Development) of
this code. This proposal is not located within an existing
intergovernmental agreement boundary. The applicant is proposing eight
residential lots ranging in size fr-)m 1.1 to 1.7 acres with E (Estate) Zone
uses. The applicant is proposing to vary from the minimum E (Estate)
Zone District lot size requirement of 2.5 acres. The proposal is
consistent with the aforementioned documents as follows:
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CHANGE OF ZONE #570 FROM A (AGRICULTURAL) TO PUD - OLSON BROS., LLC
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1) Section 22-2-60.A.1 (A.Goal 1) states, "Preserve prime farmland
for agricultural purposes which foster the economic health and
continuance of agriculture." The subject parcel is 79 acres net in
size and is classified as "Prime" farmland on the Important
Farmlands of Weld County Map. The applicant is proposing a
54.5-acre buildable agricultural lot (Lot 9). Lot 9 will have one
building envelope located on the site in the northeast corner of the
Agricultural lot.
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 I-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 of 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 eight (8) PUD residential lots with
Estate uses and 12 acres of common open space, along with a
54.5-acre Agricultural lot (Lot 9). It is not located adjacent to
other PUDs, municipalities or urban growth corridors and meets
the definition of non-urban scale development.
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 12 acres does not border Lots 1, 2, or 3 of the proposed
PUD. No internal trail system is proposed to access the 12-acre
common open space area.
4) Section 23-3-440.A requires a minimum lot size of 2.5 acres in the
E (Estate) Zone District. The applicant is proposing eight
residential lots ranging in size from 1.1 to 1.7 acres with
E (Estate) Zone uses. The applicant is proposing to vary from the
minimum E (Estate) Zone District lot size requirement of 2.5
acres.
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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 Article II of Chapter 27 of the Weld County Code.
The Department of Public Works, as stated in the referral received
March 5, 2002, is requiring this PUD to have paved roads.
Section 27-2-40 of the Weld County Code states: "The normal bulk
requirements for minimum setback, minimum offset, minimum lot size,
minimum lot area per structure, maximum height of buildings and lot
coverage may be varied as specified in the PUD final plan."
Section 23-4-440.A of the Weld County Code requires a minimum lot size
of 2.5 acres in the E (Estate) Zone District. The applicant is proposing
eight residential lots ranging in size from 1.1 to 1.7 acres with Estate
uses. The applicant is requesting to vary from the E (Estate) lot size
requirements for the eight proposed residential lots for Estate uses.
Section 23-3-50 of the Weld County Code requires a minimum lot size
of 80 acres in the A (Agricultural) Zone District. The applicant is
proposing a 54.5-acre agricultural lot with this PUD. The applicant has
met the twenty performance standards as delineated in Section 27-2-10
of the Weld County Code regarding access, buffering and screening, bulk
requirements, circulation, etcetera. The Conditions of Approval will
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 this Code or master plans of affected
municipalities. This site is located within the three-mile referral areas for
the Towns of Johnstown and Mead. The Town of Johnstown in its
referral, received March 15, 2002, indicated no conflict with its interests.
No referral was received from the Town of Mead.
D. Section 27-6-120.D.5.d -- The Department of Public Health and
Environment referral, dated March 1, 2002, states that the applicant has
satisfied Chapter 27 of the Weld County Code in regards to sewer and
water service. Water is to be provided by the Little Thompson Water
District. A water service commitment letter and agreement for water
main extension from the Little Thompson Water District is provided in the
application materials. The Office of the State Engineer, Division of Water
Resources, indicated in a referral received March 13, 2002, that the
proposed water supply for Lots 1 through 9 (for residential purposes) will
not cause injury to existing water rights. 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. Septic
envelopes have been indicated for Lots 1 through 8. The Weld County
Department of Public Health and Environment is requiring septic
envelopes to be indicated for the building envelope for Lot 9.
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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 PUD Zone District. The Department of Public Works, in the
referral received March 5, 2002, indicated that the proposed layout of
Dove Court and Willow Lane is acceptable. Final roadway construction
plans and an off-site road improvements agreement addressing impacts
to Weld County Roads 15 and 42 will be required with the final plat
application.
F. Section 27-6-120.D.5.f-- The applicant did not include a preliminary road
improvements agreement. The Conditions of Approval ensure
compliance with Chapter 24, Article VII, and Sections 24-9-10
and 24-9-20 of the Weld County Code. Public and Private Road
Maintenance and Improvements Agreements, along with final roadway
plans and a final drainage report, shall be submitted with the Final Plat
application.
G. Section 27-6-120.D.5.g -- The site is not located within any overlay
districts. The applicants have indicated a 400-foot by 400-foot future gas
well envelope on the property. A letter, dated August 20, 2001, from
Southwestern Production Corporation (the operator of record for an
existing oil and gas lease for Southwestern Eagle, LLC) indicated that
they had reviewed the gas well envelope and future tank battery location
on the Sketch Plan Map, S #546, and indicated that future wells and
facilities will likely fall within these locations. The gas well envelope and
tank battery location are indicated in the same location on the proposed
Change of Zone Plat as they are indicated on the Sketch Plan Map,
S #546.
H. Section 27-6-120.D.5.h — Consistency exists between the proposed zone
district(s), uses, 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 with the exception of the proposed lot sizes 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 Olson Bros., LLC, for a Change of Zone from the
A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for eight (8)
residential lots with E (Estate) uses, one 54.4-acre outlot, and 23 acres of common open space
on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
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1. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) A septic area large enough for at least two absorption fields shall
be designated on the building site of Lot 9.
2) The Change of Zone plat shall meet all requirements of
Section 27-9-20 of the Weld County Code.
3) Building envelopes for Lots 1, 2, and 3, and Lot 8 of the proposed
subdivision shall be located outside the 150-foot gas well setback
and 200-foot tank battery setback.
B. The applicant shall address the requirements of the Johnstown Fire
Protection District. Evidence of compliance with Johnstown Fire District
requirements shall be submitted to Department of Planning Services.
C. The applicant shall submit two paper copies of the Plat for review and
approval by the Department of Planning Services.
D. 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). This digital file may be sent to maps@co.weld.co.us.
2. Upon completion of Condition #2 above the applicant shall submit a Mylar plat
along with all other documentation required as Conditions of Approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 27-9-20 of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within thirty (30) days from
the date of the Board of County Commissioners resolution. The applicant shall
be responsible for paying the recording fee.
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. Change of Zone #570 from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District is for eight (8) Residential Lots
with E (Estate) Zone District uses, one 54.4-acre outlot, and 12 acres of
common open space, as indicated in the application materials on file and
subject and governed by the Conditions of Approval stated hereon and all
applicable Weld County regulations.
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B. Water service shall be obtained from the Little Thompson Water District.
C. This subdivision 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. The Change of Zone
documents for this subdivision were prepared by Alles and Associates,
Inc., Job Number: Olson-0102 and dated December 12, 2001. These
Change of Zone drawings indicate a proposed septic area for the
placement of primary and secondary absorption fields. This area may be
movable, provided the area is of equal or greater size that allows for the
placement of primary and secondary absorption fields, meets all required
setbacks, and is documented by an affidavit of correction per
Section 24-5-50 of the Weld County Code. The lot owner shall not place
any permanent landscaping, structures, dirt mounds, or other items that
would interfere with the construction, maintenance, or function of the
fields in the septic area.
D. If required, 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. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the construction
phase of the project.
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
(APEN), and apply for a permit from the Colorado Department of Public
Health and Environment.
H. "Weld County's Right to Farm" statement as provided in Appendix 22-E
of the Weld County Code shall be placed on any recorded plat.
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I. Potential Purchasers are hereby notified that a confined animal feeding
operation for 2,000 head of cattle (USR #1258) is located 600 feet west
of the intersection of Weld County Roads 42 and 13. Off-site impacts
that may be encountered include noise from trucks, tractors and
equipment; dust from animal pens and odors from animal confinement,
silage, and manure.
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. 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.
N. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC,
1997 IPC, 1999 NEC, and Chapter 29 of the Weld County Code.
O. 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.
P. Building height shall be limited to the maximum height allowed per UBC
Table 5-B. Wall and opening protection and limitations shall be in
accordance with UBC Table 5-A. Separation of buildings of mixed
occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
Q. Future construction and development of the site shall be in accordance
with the recommendations of the Colorado Geological Survey as stated in
the referrals received September 20, 2000, and January 29, 2002.
R. The number of livestock allowed for Lot 9 shall meet the A (Agricultural)
Zone District requirements, and the number of livestock allowed for
Lots 1 through 8 shall meet the E (Estate) Zone District requirements for
"Animal Units" as stated in Section 23-1-90 of the Weld County Code.
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S. The property owner shall be responsible for complying with the
Performance Standards of Sections 27-2, 27-8, 15-1, and 15-2 of the
Weld County Code.
T. 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.
U. 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.
4. 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 landscaping, open space, storm drainage and
underground utility improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code.
C. The applicant shall submit an Off-site (Public) Improvements Agreement
that addresses all transportation improvements associated with this
development and that addresses shared costs of future paving or dust
control on Weld County Roads 42 and 15 proportional to the impact of
this development per compliance with Section 24-9-10 of the Weld
County Code. Evidence shall be submitted to the Department of
Planning Services that approval was received from the Department of
Public Works of an Improvements Agreement Regarding the
transportation portion of the PUD.
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D. Final drainage report and drainage plans shall be submitted for review
and approval by the Department of Public Works.
E. That portion of Weld County Road 42 at the northwest corner of Lot 9
deviates from the quarter section line. At final plat, the existing road
location must be verified and a 60-foot right-of-way established that
covers the roadway.
F. The applicant shall submit a draft of the Homeowners' Association
Bylaws and Covenants for review and approval by the Weld County
Attorney's Office. Language for the preservation and/or protection of the
absorption field envelope shall be placed in the development Covenants.
The Covenants shall state that activities such as permanent landscaping,
structures, dirt mounds or other items are expressly prohibited in the
absorption field site.
G. The applicant shall contact the appropriate postal service, ambulance
service, fire district, RE-5J School District, and Weld County Sheriff's
Office for review of the appropriate following items: preliminary
addresses, bus/mail pick up location, and street name.
H. Existing roadway and right-of-way locations for Weld County Roads 42
and 15 shall be indicated on the final plat.
The applicant shall submit a proposed estimate for time of construction of
the PUD.
J. The applicant shall submit a modified Landscape Plan in accordance with
Section 27-9-30 (PUD) of the Weld County Code. Plant types, sizes and
heights shall be indicated on the Plan. Proposed landscaping in clear
vision areas shall be no more than 2.5 feet height (Outlots B and C).
5. Prior to Recording the Final Plat:
A. 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).
6. Prior to the release of any building permits:
A. The applicant shall supply designated street and Stop signs, as required
by Weld County Public Works, at the appropriate locations.
7. The final plan shall be administratively reviewed by the Department of Planning
Services.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD CJ COI.ORADO
ATTEST: � � ,. ,�f. L
a�` Gle c�Vaad, Chair
Weld County Clerk to Ut B. '' F
isoi , _ �r
BY: David L• g, Pro-Ter
Deputy Clerk to the m/. � I
M. J. Geile
,Pf OV AS TO ORM: 4-1-7 (
illiam H. Jerke 1- In1I
out*Attorney ~ �r
obert D. Masden
S
Date of signature: 7
2002-1051
PL1595
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