HomeMy WebLinkAbout20022490.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#622 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS WITH
E (ESTATE) ZONE USES, ALONG WITH 9.4 ACRES OF OPEN SPACE -SHULTZ
FARM, 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 25th day of September, 2002, at 10:00
a.m. for the purpose of hearing the application of Shultz Farm, Inc., c/o Steven Shultz, 21475
Weld County Road 19, Milliken, Colorado 80543, requesting a Change of Zone from the
A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for nine (9)
lots with E (Estate) Zone uses, along with 9.4 acres of open space, for a parcel of land located
on the following described real estate, to-wit:
Lot B of Recorded Exemption #2838; being part of
the NW1/4 of Section 31, Township 4 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by 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
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 22-2-190.D.2.b (PUD.Policy 4.2) states, "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...." The application
indicated 9.4 acres of open space surrounding the lots, which will
serve as a buffer for the residential lots from the adjacent
properties. The open space will also be used by the residents of
the Planned Unit Development as open space. The application did
not indicate an irrigation source for the open space. In an E-mail,
dated August 15, 2002, the applicant's representative has
indicated that watering and maintenance of the proposed trees in
the open space will be with a tank truck to ensure that the trees
become established.
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 will be allowed in the proposed
Planned Unit Development will conform with the Performance Standards
of the Planned Unit Development Zone District contained in Chapter 27,
Article II, of the Weld County Code.
Section 27-2-40, Bulk requirements—The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District, except for
minimum lot size which will be one (1) acre.
Section 27-2-80, Design standards —The Weld County Department of
Public Works is requiring a Final Drainage Plan which adequately
addresses all issues associated with the proposal. Further, the applicant
must contact Great Western Railroad to ensure release of water onto
railroad right-of-way is approved by Great Western.
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 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 Mead stated that the
proposal is within the area that the Town wishes to eventually be within
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their boundary. The Towns of Johnstown and Milliken indicated no
conflicts with their interests. The Town of Berthoud did not respond to the
referral request.
d. Section 27-6-120.D.5.d -- The Planned Unit Development Zone District
will be serviced by an adequate water supply and sewage disposal
system in compliance with the Performance Standards in Article II the
Weld County Code. The proposed Planned Unit Development will be
serviced by Little Thompson Water District for potable water and fire
protection requirements. The Weld County Attorney's Office has
indicated that the applicant has shown adequate water service in the form
of an agreement for water main extension and a construction contract
with Gopher Excavating. 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 August 9, 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 Department
pf Public Works 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
12-foot paved lanes with 4-foot gravel shoulders on the final plat. The
cul-de-sac edge of pavement radius shall be fifty (50) feet.
f. Section 27-6-120.D.5.f-- The Weld County Public Works Department
and Department of Planning Services will require an Improvements
Agreement in accordance with Section 27-6-120.B.6.f of the Weld County
Code for improvements to The Estates at Hill Lake Planned Unit
Development and all on-site improvements.
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.
The Department of Planning Services is in agreement with this request.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Shultz Farm, Inc., c/o Steven Shultz, for a
Change of Zone from A (Agricultural) to a 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 meet with the Town of Mead as requested in a referral
response, dated July 26, 2002.
B. The applicant shall address the concerns of the Weld County Sheriff's
Office, as stated in a memo dated July 12, 2002, and incorporate
remedies for these concerns. Written evidence of a solution shall be
provided to the Department of Planning Services.
C. The applicant shall provide a confirmation letter from the Great Western
Railroad verifying railroad right-of-way. The letter shall also indicate Great
Western's approval of the applicant's proposal to release storm water into
the railroad right-of-way. This letter shall be submitted prior to recording
the Change of Zone plat.
D. The applicant shall submit evidence that the Johnstown Fire Protection
District has approved the turning radius for the emergency access.
E. The plat shall be amended as follows:
1) The Change of Zone plat sheets shall be renumbered in
successive order with sheet total given.
2) The applicant shall show and label all existing irrigation systems
for this development on the Change of Zone plat.
3) The applicant shall show the revised septic envelopes as
approved by the Weld County Department of Public Health and
Environment.
4) The applicant shall show on the Change of Zone plat a typical
roadway section meeting Planned Unit Development criteria.
Evidence of approval by the Weld County Department of Public
Works shall be submitted to the Weld County Department of
Planning Services.
5) A 30-foot maintenance easement, measured from the top edge of
the ditch, must be preserved for the Farmers Extension Ditch. It
is unclear from the plat if the easement shown is measured from
the top edge of the ditch. Show this on the Change of Zone plat.
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6) All landscaping within sight distance triangles must be less than
three (3) feet in height at maturity and noted on the Change of
Zone plat. Entry signage must be outside the sight distance
triangles.
7) The Change of Zone plat shall indicate the two fire hydrants
approved by the Johnstown Fire Protection District.
8) The plat shall show the approved radius for the emergency
access.
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#622 is from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for nine (9) residential lots
along with 9.4 acres of open space as indicated in the application
materials on file. The Planned Unit Development will adhere to the uses
allowed in the E (Estate) Zone District except for minimum lot size which
will be one (1) acre. The Planned Unit Development will be subject to,
and governed by, the Conditions of Approval stated hereon and all
applicable Weld County regulations.
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. Septic systems shall be
designed for site-specific conditions including, but not limited to, poor
percolation rates, shallow groundwater, bedrock, gravel, and/or clay soils.
D. Preservation and/or protection of the absorption field envelopes shall
require that permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the absorption field site.
E. 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.
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 Health
Department, a Fugitive Dust Control Plan must be submitted.
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G. 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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. 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.
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.
J. Weld County's Right to Farm as delineated on this plat shall be
recognized at all times.
K. No animal units will be allowed on the open space.
L. Oil and gas facilities within the subdivision must be fenced to avoid
tampering.
M. 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.
N. Building Permits shall be obtained prior to the construction of any building
or structure.
O. 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.
P. Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Current adopted codes
include the 1997 Uniform Building Code (UBC), 1998 International
Mechanical Code (IMC), 1997 International Plumbing Code (IPC), 1999
National Electrical Code (NEC), and Chapter 29 of the Weld County
Code.
Q. 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.
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R. 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. (For residential occupancies, walls
shall be protected with one-hour fire resistive construction within three
feet of property lines and openings are not permitted within three feet of
property lines.) 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 the Chapter 23 of
the Weld County Code.
S. Building height shall be measured in accordance with the 1997 UBC 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 27 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.
T. The roadside drainage shall be contained within the right-of-way.
U. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
V. The property owner shall be responsible for compiling with the
Performance Standards of Chapter 27, Article II and Article VIII, of the
Weld County Code.
W. 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 Development
Standards stated herein and all applicable Weld County regulations.
X. The site shall maintain compliance, at all times, with the requirements of
the Weld County Departments of Public Works, Public Health and
Environment, and Planning Services, and adopted Weld County Code
and policies.
Y. No development activity shall commence, nor shall any building permits
be issued on the property, until the Final Plan has been approved and
recorded.
Z. 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
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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.
AA. The Planned Unit Development Final Plan shall comply with all
regulations and requirements of Chapter 27 of the Weld County Code.
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. 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).
5. At the time of Final Plan submission:
A. The applicant shall verify the existing 30-foot roadway right-of-way, and
the documents creating the right-of-way noted on the Final Plat. If the
right-of-way cannot be verified, it will be dedicated on the Final Plat.
B. The additional 40-foot of right-of-way shown on the Change of Zone Plat
shall be dedicated. If the right-of-way cannot be verified, it will be
dedicated on the Final Plat.
C. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations, and dimensioned on the Final Plat.
D. The applicant shall provide a pavement design prepared by a
professional engineer along with the Final Plat submittal.
E. The applicant shall submit Roadway and Grading Plans along with details
with the final plat application. Stop signs and street name signs will be
required at all intersections and shall be indicated on the final roadway
plans.
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F. The applicant shall submit an On-site (Private) 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.
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. The Final Drainage Report shall address all issues listed in
the Weld County Department of Public Works referral dated August 12,
2002.
H. The applicant shall submit a final Landscape Plan which addresses the
following:
1) The applicant shall provide additional information pertaining to the
selection of plant material near the tank battery complex and
methods of mitigation for snow.
2) The applicant shall identify type of road surface for the emergency
access.
3) The applicant shall provide additional information pertaining to
plant material mix of the proposed native grasses, the method of
installation, and the management practices to be implemented
such that noxious weeds are not prevalent within this
development.
4) The applicant shall provide additional information pertaining to the
location of the evergreen plants adjacent to the railroad in
relationship to the drainage swale.
5) The applicant shall provide additional information pertaining to the
entry sign and plant materials, including common, botanical and
species names, size at installation, and any additional information
deemed necessary by Landscape Designer.
6) The applicant shall provide additional information pertaining to the
watering and maintenance of the proposed trees in the open
space.
The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
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J. The applicant shall submit development Covenants for The Estates at Hill
Lake Planned Unit Development. Language for the preservation and/or
protection of the absorption field envelopes 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.
K. The applicant shall submit evidence to the Weld County Department of
Planning Services with the Final Plan application that all proposed street
names and lot addresses have been submitted to the Mountain View Fire
Protection District, the Weld County Sheriff's Office, the Weld County
Paramedic Services, and the applicable Post Office for review.
L. The Final Plat shall include a common mail/bus pick-up area along the
interior roadway, or as agreed upon by the School District. Evidence
shall be provided to Weld County Department of Planning Services from
the applicable Post Office stating that this location meets their design
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.
M. The applicant shall contact Thompson School District RE-5J to finalize a
bus pick-up location, shelter, and an agreement for payment of
cash-in-lieu of land dedication. Written evidence of compliance with all of
the School District's standards and requirements shall be submitted to
the Department of Planning Services prior to recording the Final Plat.
N. At the time of recording, 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. Complete plans for the site shall be submitted for review by the
Johnstown Fire Protection District.
7. Prior to construction:
A. The applicant shall coordinate work in the right-of-way with the County's
railroad crossing project. Various concerns such as grades, drainage,
and sight distance will need to be orchestrated between these two
projects.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of September, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT , COLORADO
ATTEST:
q
-' Glenn Vaad,
Weld County Clerk to '� -8=.cif;Vol �
.
EXCUSED
V O '• .�4 David E. Lo , Pro-Tem
BY: /[.
Deputy Clerk to the Bo? �i /diJ �/�/
Icil.Y6eile
AP ED AS TO,FO EXCUSED
'lliam H. Jerke
v
4 �
ounty A orne 6---
Robert D. Masden
Date of signature: /o%y
2002-2490
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