HomeMy WebLinkAbout20053340.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1089, FROM A(AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ALONG WITH TWO
AGRICULTURAL OUTLOTS AND COMMON OPEN SPACE - MBM ENTERPRISES,
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 7th day of December,2005,at 10:00 a.m.for
the purpose of hearing the application of MBM Enterprises,LLC,6425 Clearwater Drive,Loveland,
Colorado 80538,requesting Change of Zone, PZ#1089,from the A(Agricultural)Zone District to the
PUD (Planned Unit Development)Zone District for nine (9) residential lots with E (Estate)Zone
uses, along with two agricultural outlots and common open space, for a parcel of land located on
the following described real estate, to-wit:
Lot B of Recorded Exemption#3006;being part of the
NE1/4 of Section 19, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Anne Best-Johnson, Todd Hodges
Design, LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, 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),
Chapter23(Zoning),Chapter24(Subdivision),and Chapter 26(Mixed Use
Development)of the Weld County Code. The proposal is consistent with the
aforementioned documents as follows:
1) 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
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present and future residents of the County." The proposed PUD will
be serviced by the North Weld County Water District and 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
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 all the 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 within the three-mile referral
area for the City of Greeley and the Towns of Severance and Windsor. The
City of Greeley requested the applicant be required to consolidate the seven
points of ingress and egress to four points. Further, the City requested a
sixty(60)foot reservation from the centerline of Weld County Road 27 be
delineated on the plat to facilitate future development in the area should this
Change of Zone be approved. The Town of Windsor stated the proposal is
consistent with its Comprehensive Plan and recommends approval provided
adequate right-of-way is dedicated along Weld County Road 27. The Town
of Severance responded that the proposed Change of Zone request does not
conflict with its interests.
d. Section 27-6-120.D.5.d -- The PUD 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 proposed PUD will be serviced by the North Weld County Water District
and Individual Sewage Disposal Systems will handle the effluent flow.
e. Section 27-6-120.D.5.e--Street or highwayfacilities 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 Weld County Department of Public Works, in its referral
dated August 8, 2005, states, "Weld County Road 27 is classified by the
County as a Strategic Roadway and an arterial road,which requires 140 feet
of right-of-way at full build out. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the right-of-way
cannot be verified,it shall be dedicated. The plat shall delineate the existing
right-of-way and the documents which created it, along with any additional
right-of-way reservation required."
f. Section 27-6-120.D.5.f—An Off-Site Road Improvements Agreement and an
On-Site Improvements Agreement will be in compliance with Chapter 24 of
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the Weld County Code,and a Road Improvements Agreement is complete
and has been submitted, if applicable. The Conditions of Approval ensure
that the applicant will complete 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
prior to recording the final plat.
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 Colorado Geological Survey indicated that site-specific
geotechnical investigations should be done for all planned structures. These
are required by the Weld County Department of Building Inspection at the
time of the building permit.
h. Section 27-6-120.D.5.h --Consistency exists between the proposed zone
district(s)uses and the Specific Development Guide. The submitted Specific
Development Guide does accurately reflect the Performance Standards and
allowed uses described in the proposed zone district, as described
previously. The applicant is requesting an Administrative Review of the Final
Plat application. The Department of Planning Services and Board of
Commissioners are in support of this request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of MBM Enterprises, LLC, for Change of Zone, PZ#1089,
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine
(9)residential lots with E(Estate)Zone uses,along with two agricultural outlots and common open
space, 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 plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1089.
2) Weld County Road 27 is classified by the County as a Strategic
Roadway and an arterial road,which requires 140 feet of right-of-way
at full build out. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way can
not be verified, it shall be dedicated. The plat shall delineate the
existing right-of-way and the documents which created it,along with
any additional right-of-way reservation required.
3) State Highway 392 is under the jurisdiction and maintenance of the
Colorado Department of Transportation (CDOT) adjacent to this
development. The applicant shall verify the existing right-of-way and
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the documents creating the right-of-way. If the right-of-way cannot
be verified, it shall be dedicated on the final plat.
4) Internal roads are required to meet Weld County criteria for a PUD.
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 section of interior roadway shall be shown
as two 12-foot paved lanes with 4-foot gravel shoulders on the
Change of Zone plat. The cul-de-sac edge of pavement radius shall
be fifty(50) feet.
5) Application materials indicate the applicant has placed the
development sign in the entrance island. A Landscape Plan shall be
submitted to include specific design information and plant palette for
this location and for all other open space or agricultural lots.
6) Projected right-of-way for State Highway 392 is one hundred (100)
feet either side of the centerline.
2. The applicant shall submit two(2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
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,PZ#1089,from the A(Agricultural)Zone District to the PUD
(Planned Unit Development)Zone District is for nine(9)residential lots with
E(Estate)Zone uses; two outlots with agricultural uses, one at 17.9 acres
and one at 23.9 acres;and 0.3 acres of open space(Sierra Acres PUD),as
indicated in the application materials on file. The lots(lots 1 through 9)will
adhere to the uses allowed in the E (Estate) Zone District, and the two
agricultural outlots will be non-residential. The PUD will be subject to, and
governed by, the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
C. 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.
D. Agricultural Outlots 1 and 3 are non-buildable for residential structures.
Agricultural and Agricultural Exempt structures are permitted on Agricultural
Outlots 1 and 3, only.
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E. Weld County's Right to Farm, as provided on this plat, shall be recognized
at all times.
F. Water service shall be obtained from the North Weld County Water District.
G. This PUD 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.
H. Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setbacks, including the 100-foot
setback to any water well.
Activities such as permanent landscaping,structures,dirt mounds,or other
items are expressly prohibited in the absorption field site.
J. A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than,or equal to,one(1)acre in
area. The applicant shall contact the Water Quality Control Division of the
Colorado Department of Public Health and Environment at
www.cdohe.state.co.us/wa/PermitsUnit for more information.
K. During development of the site,all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, and at the request of the Weld County Department of Public
Health and Environment, a Fugitive Dust Control Plan must be submitted.
L. 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.
M. 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, and
apply for a permit from the Colorado Department of Public Health and
Environment.
N. There are confined Animal Feeding Operations in close proximity to this
development. Residents should be aware that there may be flies and odors
associated with these activities.
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O. Auxiliary Quarters, as defined by Section 23-1-90.D of the Weld County
Code,shall be adhered to on all lots,with the exception of the minimum lot
size requirement.
P. Building permits shall be obtained prior to the construction of any building or
structure. Building permits are also required for the construction of any
structure, including the bus shelter, mail kiosk, and any future entry way
and/or gates, if provided.
Q. A plan review is required for each building for which a building permit is
required. Two complete sets of plans are required when applying for each
permit. Residential building plans may be required to bear the wet stamp of
a Colorado registered architect or engineer.
R. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, the adopted codes
include the 2003 International Residential Code,2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing
Code,2003 International Fuel Gas Code,2002 National Electrical Code,and
Chapter 29 of the Weld County Code.
S. Each residential 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.
T. Fire resistance of walls and openings,construction requirements,maximum
building height, and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by the Weld County Code.
U. Building height shall be measured in accordance with the 2003 International
Building Code 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 23 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. When measuring buildings to determine offset and
setback requirements,buildings are measured to the farthest projection from
the building. Property lines shall be clearly identified and all property pins
shall be staked prior to the first site inspection.
V. All signs,including entrance signs,shall require building permits. Signs shall
adhere to Sections 23-4-80 and 23-4-110 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
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W. Effective January 1,2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
X. The property owner shall allow any mineral owner or lessee the right of
ingress or egress for the purposes of exploration,development,completion,
re-completion,re-entry,production,and maintenance operations associated
with existing or future operations located on these lands.
Y. Installation of utilities shall complywith Section 24-9-10 of the Weld County
Code.
Z. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
AA. Weld County Government personnel 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.
BB. 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.
CC. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
DD. 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 three(3)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.
EE. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
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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. In accordance with Weld County Code Ordinance 2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
6. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreements According to Policy
Regarding Collateral for (on-site) Improvements with the Final Plan
application. This agreement must be reviewed by County staff and shall be
approved by the Board of County Commissioners prior to recording the final
plat.
B. The Final Plan shall address all requirements listed on the
Windsor-Severance Fire Protection District referral dated August 9, 2005.
C. All copies of the Final Plan application shall include a copy of the proposed
addressing,as indicated in the referral dated August 16,2005,from the Weld
County Department of Building Inspection.
D. The applicant shall address all recommendations listed in the referral dated
August 17, 2005, from the Weld County Sheriff's Office.
E. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has approved a location for the group delivery box.
The box shall be placed outside of the road right-of-way on property owned
and maintained bythe Homeowners'Association and delineated on the final
plat.
F. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has reviewed the proposed addressing and interior
street name.
G. Stop signs and street name sign locations must be shown on the final
roadway construction plans.
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H. Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and shown on the final roadway plans.
The applicant shall provide the Department of Public Works with stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings for review and approval. Construction details must be
included.
J. A Final Drainage Report stamped, signed, and dated by a professional
engineer licensed in the State of Colorado shall be submitted with the Final
Plan application. The 5-year storm and 100-year storm drainage studies
shall take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of
the 100-year storm developed condition while releasing the 5-year storm
existing condition. The Final Drainage Report shall include a flood hazard
review documenting any FEMA defined floodways. The engineer shall
reference the specific map panel number,including date. The development
site shall be located on the copy of the FEMA map. The report shall also
address all requirements listed in the Department of Public Works referral
response dated July 13, 2005.
K. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage for the Final Plan application. Front, rear, and side
slopes around building envelopes must be addressed. In addition,drainage
for rear and side lot line swales shall be considered. Building envelopes
must be planned to avoid stormwater flows, while taking into account
adjacent drainage mitigation.
L. Final drainage construction and erosion control plans (conforming to the
Drainage Report) stamped, signed, and dated by a professional engineer
licensed in the State of Colorado shall be submitted with the Final Plan
application. These plans(stormwater management plans)may be based on
Urban Drainage methodology.
M. Easements shall be shown on the final plat in accordance with County
standards (Section 24-7-60 of the Weld County Code) and/or the Utilities
Coordinating Advisory Committee recommendations.
N. The applicant shall submit Covenants for review and approval. The
Covenants shall address restriction of livestock to prevent the loss of
vegetative cover and overgrazing of pasture,as no irrigation water is being
proposed for the PUD. Language for the preservation and/or protection of
the second absorption field envelope shall be placed in the development
Covenants. The Covenants should state that activities such as landscaping
(i.e.planting of trees and shrubs)and construction(i.e.auxiliary structures,
dirt mounds,etc.) are expressly prohibited in the designated absorption field
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site. Covenants should include a plan to maintain roadways within the PUD
during inclement weather conditions for emergency vehicles. Finalized
Covenants and the appropriate fee shall be submitted for recording with the
final mylar plats.
7. Prior to recording the final plat:
A. The applicant shall submit evidence to the Department of Planning Services
that the required School District cash-in-lieu of land dedication fee has been
paid.
B. The applicant shall enter into an Improvements Agreements According to
Policy Regarding Collateral for Improvements. These agreements shall be
approved by the Board of County Commissioners.
C. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
D. The applicant shall submit a copy of a finalized Water Service Agreement
between the applicant and the North Weld County Water District for service
to the PUD.
E. The applicant shall submit written evidence to the Department of Planning
Services that the required emergency responders, i.e., fire district, sheriff
and ambulance services,have approved of the street name and subdivision
name for this development.
F. The applicant shall provide the Department of Public Works with stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings for review with the Final Plan application and approval.
Construction details must be included.
G. Stop signs and street name signs will be required at all intersections and
shown as a signing plan on final roadway plans. The current edition of the
Manual on Uniform Traffic Control Devices(MUTCD)shall govern the signing
plan.
H. 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).
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
I /��. ELD COUNTY, COLORADO
ATTEST: MO ��.
$ ' m H. -rke, Chair
Weld County Clerk to the Bo-Z t
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�y4egi1 eile, 'ro-Tem
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Dapi0 Long 11 b�,
APP ED A M: \ ,
Robert . Masde
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o my Attorney
I Glenn Vaad
Date of signature: I2)Mb5
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