HomeMy WebLinkAbout20052658.tiff RESOLUTION
RE: GRANTCHANGEOFZONE,PZ#1066,FROM A(AGRICULTURE)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - MIKAL TORGERSON
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 5th day of October,2005,at 10:00 a.m.for the
purpose of hearing the application of Mikal Torgerson, 223 North College Avenue, Fort Collins,
Colorado 80524, 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 28.4
acres of open space, for a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption#2681;being part of the
SE1/4 of Section 32, Township 8 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was present, 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 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
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.
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b. Section 27-6-120.D.5.b-The uses which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20,Access standards—"AllPUDdevelopments will be
served by an internally paved road system according to County
standards. An exception to paving may be granted by the Director of
Public Works for residential PUDs of nine (9) lots or less located in
nonurban areas as defined in Chapter 22 of the Weld County Code,
when the PUD is not located within close proximity to other PUDs,
subdivisions and municipal boundaries,and when access to the PUD
is not from a public road which is paved or will be paved within a year
of approval of the PUD." The site is located within 2,200 feet of the
Griffith Minor Subdivision, with the nearest paved road within two
miles of this proposed development. At the request of the applicant,
the Director of Public Works has waived the pavement requirement
based on Section 27-2-20 of the Weld County Code.
2) Section 27-2-60,Common open space-The applicant has proposed
an unimproved trail around the perimeter of the site for equestrian
uses with areas of the open space to be utilized only for the grazing
of horses. The applicant has limited the type of animals within this
PUD to horses.
3) The applicant has met the remaining Performance standards as
delineated in Section 27-2-10 of the Weld County Code. 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
Towns of Severance,Ault,and Pierce. The Towns of Severance and Ault did
not respond to the Change of Zone referral request; however, at the Sketch
Plan, the Town of Severance indicated no conflict with its interests. The
Town of Ault returned a referral for the Sketch Plan, objecting to the County
considering this application as an unincorporated subdivision, and is
requesting the applicant petition to the Town for annexation. The proposed
subdivision is outside of the Intergovernmental Agreement area,therefore,
the applicant is not required to prepare annexation documents to the town of
Ault. The Town of Pierce returned a referral dated June 10,2005,stating the
plan had no 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
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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 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. In a referral dated June 10, 2005, the Weld County
Department of Public Works indicated this development will introduce
additional vehicle trips to the roadway system. This increased level of traffic
on unpaved roads creates fugitive dust and surface maintenance problems.
The applicant shall indicate a plausible traffic route(to a paved roadway)for
the residents of the subdivision with the Final Plan application. The cost will
be based on a proportion of the traffic generated by the development to the
existing traffic. The applicant may be required to submit a proposed
agreement with the Final Plan application.
f. Section 27-6-120.D.5.f-An Off-Site Road Improvements Agreement and an
On-Site Improvements Agreement proposal is in compliance with Chapter 24
of 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 acquiring a building permit.
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.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Mikal Torgerson for Change of Zone, PZ#1066,from the
A (Agricultural) Zone District 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:
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A. The applicant shall submit evidence that the School District has reviewed
and accepted the bus pull-off and bus shelter for school children waiting for
the bus.
B. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1066.
2) Sheet 2 of the plat shall be amended to include the appropriate
signature blocks and zoning classification of the PUD.
3) The plat shall designate the subdivision as a PUD and not a Minor
Subdivision.
4) Weld County Road 86 is classified by the County as a local road
(Weld County Roadway Classification Plan,June 2002)adjacent to
the proposed development, requiring a 60-foot right-of-way. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way shall be noted on the Change of Zone plat.
If the right-of-way cannot be verified, it will be dedicated on the Final
Plan plat.
5) 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 road shall be shown as
two 13-foot gravel lanes on the Change of Zone plat.
6) The plat shall delineate the location of any easements located on the
site.
7) The plat shall delineate the location of a bus shelter for school
children waiting for the bus. This area should also include a pull-off
for the school bus which enables it to safely load and unload children
off the roadway. The bus shelter should be on property owned and
maintained by the Homeowners' Association.
8) The plat shall delineate the location of the permanent sign which shall
be placed at the entrance to the subdivision detailing the name of the
subdivision, address, and a graphical presentation of the roadways
within the subdivision. The sign should be on property owned and
maintained by the Homeowners' Association.
9) The plat shall delineate the location of the primary and secondary
septic envelopes. All septic envelopes must be located 100 feet from
the Pierce Lateral and 100 feet from the well.
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C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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,PZ#1066,from the A(Agricultural)Zone District to the PUD
(Planned Unit Development)Zone District is for nine (9) residential lots as
indicated in the application materials on file. The lots will adhere to the uses
allowed in the E (Estate) Zone District. 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. Weld County's Right to Farm,Appendix 22-E of the Weld County Code, as
delineated on this plat, shall be recognized at all times.
E. Water service shall be obtained from the North Weld County Water District.
F. 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.
G. 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 irrigation ditch or well.
H. 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.
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
should contact the Water Quality Control Division of the Colorado
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Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
J. 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.
K. 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.
L. 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.
M. A separate building permit shall be obtained prior to the construction of any
building or structure, including entry gates and signs.
N. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Residential building plans may be
required to bear the wet stamp of a Colorado registered engineer or
architect.
O. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current 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.
P. 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.
Q. 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 Chapter 23 of the Weld
County Code.
R. 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
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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.
S. 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.
T. 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.
U. 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.
V. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
W. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
X. 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.
Y. 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.
Z. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
AA.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
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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."
BB.The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp(Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not
acceptable).
4. 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.
5. At the time of Final Plan submission:
A. The applicant shall submit an Improvements Agreement 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. All copies of the Final Plan application shall include a copy of the proposed
addressing, as indicated in the referral dated June 21, 2005,from the Weld
County Department of Building Inspection. The applications shall also
include an interior road name that follows the recommendations made in the
same referral.
C. The applicant has proposed a postal delivery unit at the entrance of the
subdivision. The applicant shall include evidence in the Final Plan application
that the appropriate postal district has accepted the proposal.
D. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has reviewed the proposed addressing and interior
street name.
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E. This development will introduce additional vehicle trips to the roadway
system. This increased level of traffic on unpaved roads creates fugitive
dust and surface maintenance problems. The applicant shall indicate a
plausible traffic route (to a paved roadway) for the residents of the
subdivision with the Final Plan application. The cost will be based on a
proportion of the traffic generated by the development to the existing traffic.
The applicant may be required to submit a proposed agreement with the final
plan application. The applicant shall submit a proposed off-site agreement
with the Final Plan.
F. Weld County Road 86 is classified by the County as a local road (Weld
County Roadway Classification Plan,June 2002)adjacent to the proposed
development requiring a 60-foot right-of-way. If the applicant is unable to
verify the existing right-of-way on the Change of Zone plat, the road will be
dedicated on the final plat.
G. A pavement design,if required,shall be prepared by a professional engineer
and must be submitted with the Final Plan materials.
H. Intersection sight distance triangles at the development entrance(s)will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and noted on the final roadway plans.
In the Final Plan application materials,the applicant shall include stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings for review and approval by the Department of Public Works.
J. 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.
K. A Final Drainage Report stamped, signed, and dated by a professional
engineer licensed in the Sate 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.
L. 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 lines swales shall be considered. Building envelopes must be
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planned to avoid stormwater flows, while taking into account adjacent
drainage mitigation.
M. 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.
N. Easements shall be shown on the Final Plan plat in accordance with County
standards (Section 24-7-60 of the Weld County Code) and/or Utilities
Coordinating Advisory Committee recommendations.
O. The applicant shall submit a construction detail for the proposed twenty-five
(25)foot pedestrian/equestrian trail for review and approval. The detail shall
also show the location of the detention pond.
P. The applicant shall submit Covenants for review and approval. The
Covenants shall address restriction of livestock to prevent the loss of
vegetative cover. The Covenants shall also address measures to prevent
overgrazing of pasture, as no irrigation water is being proposed for the
subdivision. Finalized Covenants and the appropriate fee shall be submitted
for recording with the final mylar plats.
6. 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 Agreement According to
Policy Regarding Collateral for Improvements for both Public(off-site) and
Private(on-site)areas. 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 deed which transfers ownership of the open
space to the Homeowners' Association.
E. 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.
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F. 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).
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of October, A.D., 2005.
t �` BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1861 t
ilat4 tn.jeli__,A
William H. Jer , Chair
Clerk to the Board
��'�� 1,( i 0kf1 s J. eile, ro- em
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D ty Cler to the Boa EXCUSED
Da 'd E. Long
APP D AS TO rt .\\4
Robert D. Masde
-� �ou�At₹orney ,�
Glenn Vaad
Date of signature: 0(4`'
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