HomeMy WebLinkAbout20051401.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1077, FROM A(AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT - HARVEY AND OLGA
MARKHAM
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 1st day of June, 2005, at 10:00 a.m.for the
purpose of hearing the application of Harvey and Olga Markham, 650 Highway 56, Berthoud,
Colorado 80513, requesting a Change of Zone from the A (Agricultural) Zone District to a PUD
(Planned Unit Development)Zone District for six(6)residential lots with E(Estate)Zone uses,for
a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption#3667;being part of the
N1/2 N E1/4 of Section 19,Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present at said hearing, 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),Chapter 24(Subdivision),and Chapter26(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 22-3-50.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 Little Thompson Water District for potable water
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 27-2-40, Bulk requirements-The applicant has chosen to
adhere to the bulk requirements of the E(Estate)Zone District for the
six (6) residential lots.
2) Section 27-2-60, Common Open Space-Section 27-2-140 states,
"Nonurban scale developments are developments comprised of nine
(9)or fewer residential lots,located in a nonurban area as defined in
Chapter 22 of the Weld County Code, not adjacent to other PUDs,
subdivisions, municipal boundaries, or urban growth corridors.
Nonurban scale development located outside the MUD area is not
subject to the common open space requirement set forth in
Section 27-6-80 of the Weld County Code." The subject property
borders the Town of Berthoud to the south, and, therefore, is
considered urban scale development.
3) Section 27-6-80.6.7 of the Weld County Code states,"All urban scale
development PUDs containing a residential element shall provide for
a fifteen percent common open space allocation, unless otherwise
stated in Chapter 26 of the Weld County Code. Departure from this
standard may be considered and may be approved by the
Department of Planning Services as long as the intent of Chapters
26 and 27 have been met." Staff has approved a waiver for the
common open space requirement given the scale of the
development, the fact that the Town of Berthoud has no concerns,
and there are no subdivisions within Weld County that are within one
quarter of a mile of this site.
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 Towns of Berthoud, Johnstown, and Mead, in
their referrals dated December 5, 2004, November 22, 2004, and
December 5, 2004, respectively, indicated no conflicts with their interests.
d. Section 27-6-120.D.5.d--The PUD shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance
Standards in Chapter 27,Article II,the Weld County Code. The Division of
Water Resources, in its referral dated October 11, 2004, indicated the
applicant would need to obtain an additional commitment for service from the
Little Thompson Water District based on the fact the applicant is proposing
an additional residential lot. An updated water service commitment for six
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residential lots and water extension agreement from the Little Thompson
Water District has been submitted by the applicant. The Department of
Public Health and Environment indicated,in its referral dated March 11,2005,
that the primary and secondary septic envelopes on all lots appear to be
adequately sized (may possibly be slightly undersized for engineered
systems based on bedrooms and actual percolation rates).
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,
which will be accessed from State Highway 56.
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 applicant is required to enter into
an Improvements Agreement and post adequate collateral for 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. 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.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district uses,and 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
that the Final Plan be administratively reviewed, and the Department of
Planning Services and Board of County Commissioners support this
request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Harvey and Olga Markham for a Change of Zone from the
A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for six (6)
residential lots with E(Estate)Zone uses 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 pages of the plat shall be labeled PZ-1077.
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2) State Highway 56 requires 100 feet of right-of-way south of the
centerline. The applicant shall reserve 100 feet south of the
centerline for right-of-way on the plat.
3) "Weld County's Right to Farm,"as provided in Appendix 22-E of the
Weld County Code, shall be placed on any recorded plat.
4) Front,side,and rear utility easements are not required to be indicated
on the Change of Zone plat and shall be removed.
B. The applicant shall attempt to address the requirements of the Colorado
Division of Wildlife, as stated in its referral received November 1, 2004.
Written evidence of such shall be provided to the Department of Planning
Services.
C. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT), as stated in its referral received November 1,
2004. Written evidence of such shall be provided to the Department of
Planning Services.
D. The applicant shall submit an amended Recorded Exemption application for
review and approval by the Department of Planning Services. The boundary
of Lot A of Recorded Exemption #3867 shall be adjusted so that the
proposed stormwater retention storage area is located within the boundaries
of the PUD. The amended Recorded Exemption plat shall be recorded prior
to the PUD Change of Zone plat.
E. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
F. The applicant shall provide a copy of an agreement with the owner of any
ditch located on or adjacent to the site,or shall provide written evidence that
an adequate attempt has been made to mitigate the concerns of the ditch
owners.
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#1077, is from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone District for six(6)residential lots with
E(Estate)Zone uses,as indicated in the application materials on file. The
PUD will be subject to,and governed by,the Conditions of Approval stated
hereon and all applicable Weld County regulations.
B. A Homeowners'Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
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Association is responsible for liability insurance,taxes and maintenance of
retention area, streets, private utilities, and other facilities. Open space
restrictions are permanent.
C. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
D. Signs shall adhere to Section 23-4-80 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
E. Water service shall be obtained from the Little Thompson Water District.
F. 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.
G. Activities such as permanent landscaping,structures,dirt mounds,or other
items are expressly prohibited in the absorption field site.
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.
The applicant shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public Health and
Environment. Silt fences shall be maintained on the down gradient portion
of the site during all parts of the construction phase of the project.
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,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
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apply for a permit from the Colorado Department of Public Health and
Environment.
M. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways which have not been adopted by the County for maintenance.
N. A separate building permit shall be obtained prior to the construction of any
building. Structures such as bus stops and entrance gates, if provided,
require building permits.
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 various codes adopted at
the time of permit application. Currently,the following have been adopted by
Weld County: 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.
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.
R. 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.
S. 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.
T. 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. Offset and setback requirements are measured to
the farthest projection of the building.
U. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
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V. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
W. Weld County 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 Conditions of Approval stated herein and all applicable Weld
County regulations.
X. The site shall maintain compliance at all times with the requirements of the
Weld County Government and the adopted Weld County Code and policies.
Y. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
Z. 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.
AA. 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. At the time of Final Plan submission:
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A. The applicant shall submit a set of sign standards as required by
Section 27-6-90.E.1 of the Weld County Code for review and approval.
B. The applicant shall submit an On-site (Private) Improvements Agreement
that addresses all improvements associated with this development for
review and approval.
C. The applicant shall submit development Covenants for Winterset Estates
PUD. 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.
The Covenants shall also address signage requirements and refer to the
Weld County Code as delineated in the Change of Zone application
materials.
D. The applicant shall submit stamped,signed and dated final plat drawings to
the Department of Public Works.
E. The applicant shall submit stamped,signed and dated final plat drawings and
roadway/construction and grading plan drawings to the Department of Public
Works for review and approval. Construction details must be included. Stop
signs and streetway sign locations must be shown on the final roadway
construction plans.
F. The applicant shall provide a pavement design prepared by a professional
engineer along with the final plan submittal.
G. The applicant shall submit a time frame for construction in accordance with
Section 27-2-200 of the Weld County Code.
H. Easements shall be delineated on the final plat in accordance with Section
24-7-60 of the Weld County Code and Utilities Coordinating Advisory
Committee recommendations.
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. The Final Drainage Report must include the following:
1) 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.
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2) 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 the development will require
detention of the 100-year storm developed condition while releasing
the 5-year storm existing condition.
3) The applicant shall prepare a construction detail for typical lot grading
with respect to drainage for the final 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.
J. 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 Berthoud Fire
Protection District,the Weld County Paramedic Service,and the Post Office
for review and approval. The final plat shall indicate an approved street
name.
K. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners' Association for review and approval.
L. The applicant shall contact the Vegetation Weed Management Specialist with
the Weld County Department of Public Works at(970)356-4000, Ext.3770,
to develop a Weed Management Plan. The approved plan shall be included
in the Final Plan application.
M. The applicant shall address the requirements of the Weld County Sheriffs
Office, as outlined in its referral dated October 15, 2004. Written evidence
of such shall be provided to the Department of Planning Services.
N. The applicant shall address the requirements of the Little Thompson School
District in regards to the school bus pick up and drop-off, as outlined in its
referral dated November4,2004. Written evidence of such shall be provided
to the Department of Planning Services.
O. The applicant shall provide written evidence that the requirements have been
addressed in regards to mail pick-up and drop off locations.
P. The applicant shall address the requirements of the Berthoud Fire Protection
District, as outlined in its referral dated October 8, 2004. Written evidence
of such shall be provided to the Department of Planning Services.
Q. The applicant shall provide written clarification in regards to how the
stormwater retention storage area will be maintained and how the
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stormwater retention storage area will be accessible to the Homeowners'
Association.
5. Prior to recording the final plat:
A. Original copies of the approved Covenants and Bylaws and Articles of
Incorporation for the Homeowners'Association,along with the appropriate
recording fee(currently$6 for the first page and$5 for subsequent pages),
shall be submitted to the Weld County Department of Planning Services.
The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
B. The applicant shall enter into an On-site Improvements Agreement
According to Policy Regarding Collateral for Improvements. The agreement
shall be approved by the Board of County Commissioners.
C. 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 1st day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William H. J t e, Chair
, 1861 .1Rii Clerk to the Board
M. eile, Pro- em
uty Clerk to t e Board /
D id E. Long
A ED AS •
Robe//rte D. Masden
u ty� th Sey
41
Glenn Vaad
Date of signature: 41'oW—OS-
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