HomeMy WebLinkAbout20052834.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1093 FROM A(AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - TERRA FIRMA
VENTURES, 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 26th day of October,2005, at 10:00 a.m. for
the purpose of hearing the application of Terra Firma Ventures, LLC, P.O. Box 1245, Fort Collins,
Colorado 80522-1245,requesting Change of Zone, PZ#1093,from the A(Agricultural)Zone District
to the PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate)Zone uses for
a parcel of land located on the following described real estate, to-wit:
Lot A of Recorded Exemption#3840;being part of the
NW1/4 of Section 5, Township 7 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing it was determined the applicant misunderstood the starting time
of the proceedings, therefore, the Board deemed it advisable to continue said matter to
December 14, 2005, at 10:00 a.m, and
WHEREAS,on December 14, 2005, the applicant was represented by Timothy Halopoff,
P.E.,JR Engineering, LLC,2620 East Prospect Road,Suite 190, Fort Collins,Colorado 80525,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),Chapter24(Subdivision),and Chapter26(Mixed Use
Development)of the Weld County Code. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.6.1 (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 PUDwill
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
PUDwill 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 of 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 Town of Severance. The Town of Severance did not respond to
the Change of Zone referral request. However, the Town did indicate no
conflict with its interests at the Sketch Plan phase.
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 PUDwill 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.a--Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. The Weld County Department of Public Works has not
required improvements to Weld County Roads 15 or 86.
f. Section 27-6-120.D.5.f--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 ground water
depths should be further investigated. The applicant did include additional
evidence in the Change of Zone application that the issue has been
adequately addressed.
h. Section 27-6-120.D.5.h--Consistency exists between the proposed Zone
District uses, and the Specific Development Guide. The submitted Specific
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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
Plan 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 Ten-a Firma Ventures, LLC,for Change of Zone,PZ#1093,
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine
(9)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 sheets of the plat shall be labeled PZ-1093.
2) Weld County Road 15 is classified by the County as a local paved
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(labeled and
dimensioned)on the Change of Zone plat. If the right-of-way cannot
be verified, it shall be dedicated on the final plat.
3) Weld County Road 86, adjacent to the north boundary of the
proposed development, is not recognized as a County local gravel
roadway. The applicant shall provide the Weld County Department
of Public Works with verification of the existing Section Line
right-of-way, and the documents creating the right-of-way shall be
noted on the Change of Zone plat. If the Section Line 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 cul-de-sac edge of the pavement radius shall be
fifty(50)feet. The typical section of interior roadway shall be shown
as two twelve-foot paved lanes with four-foot gravel shoulders on the
Change of Zone plat.
5) The PUD Change of Zone plat shall include all the details shown on
the Vicinity and Land Use Map.
6) The plat shall indicate thirty-five(35)feet of ditch easement from the
centerline of the Cactus Hill Ditch, as agreed upon by the applicant
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and the North Poudre Irrigation Company.
7) The plat shall indicate the location of the development sign in the
median. An outlot shall be created in the median so that the sign can
be on property owned and maintained by the Homeowners
Association.
8) The plat shall indicate the location of the pedestrian shelter. The
shelter shall be on property owned and maintained by the
Homeowners' Association.
B. 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. The Change of Zone is from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District 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,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 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, shallow groundwater, bedrock, gravel and/or
clay.
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G. 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. Contact the
Water Quality Control Division of the Colorado Department of Public Health
and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
H. 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.
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.
J. 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.
K. A separate building permit shall be obtained prior to the construction of any
building or structure, including any future entryway and/or gates.
L. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Commercial building plans(mail
kiosk and bus shelter) shall bear the wet stamp of a Colorado registered
engineer or architect. 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.
M. 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 Chapter29
of the Weld County Code.
N. 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.
O. Fire resistance of walls and openings,construction requirements,maximum
building height and allowable areas will be reviewed at the Plan Review.
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Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
P. Building height shall be measured in accordance with the applicable Building
Code (currently 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 Chapter23 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. Property lines shall be clearly identified and all property
pins shall be staked prior to the first site inspection.
Q. 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.
R. 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.
S. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
T. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
U. 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 Development Standards stated herein and all applicable
Weld County regulations.
V. 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.
W. No development activity shall commence on the property, nor shall any
building permits be issued on the property until the Final Plan has been
approved and recorded.
X. The applicant shall comply with Section 27-8-50 of 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
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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.
Y. 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 Agreements According to Policy
Regarding Collateral for Improvements(Private Road Maintenance)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
street name and addressing, as indicated in the referral from the Weld
County Department of Building Inspection, dated August 16, 2005.
C. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has reviewed the proposed addressing and interior
street name.
D. Weld County Road 15 is classified by the County as a local paved road
(Weld County Roadway Classification Plan, June 2002) adjacent to the
proposed development requiring a 60-foot right-of-way. If the right-of-way
cannot be verified, it shall be dedicated on the final plat.
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E. Weld County Road 86, adjacent to the north boundary of the proposed
development, is not recognized as a County local gravel roadway . If the
Section Line right-of-way cannot be verified, it shall be dedicated on the final
plat.
F. The applicant shall prepare a pavement design prepared by a professional
engineer submitted with the Final Plan materials.
G. 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.
H. The applicant shall provide the Weld County 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.
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.
J. Easements shall be shown on the final plat in accordance with County
standards (Section 24-7-60 of the Weld County Code) and/or Utilities
Coordinating Advisory Committee recommendations.
K. 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 engineer will be required to show stormwater
(detention)detailed calculations in the sealed final drainage report. 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 must show the proposed detention facility and corresponding
easement on the final plan materials. The maintenance of the detention pond
shall be addressed.
M. 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
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planned to avoid stormwater flows, while taking into account adjacent
drainage mitigation.
N. 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 Stormwater Management Plans may be based on Urban
Drainage methodology.
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(Private Road Maintenance).
The agreement 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 evidence that the mineral rights purchased from
Andarko have been deeded to the Homeowners' Association.
F. The applicant shall submit the appropriate recording fee($6 for the first page
and $5 for all others)and a deed which transfers ownership of the outlot(s)
to the Homeowners' Association.
G. 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 Arcl nfo 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 14th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
/ /S`WELD COUNTY, COLORADO
ATTEST: A p1
-. �y'ham H. Je, e, Chair
Weld County Clerk to the1irr ,
. J.'r : le, �ro em
BY: i .1 { 1 ,S�
Deb ty Cle to the Boa . 0� 1 1. C. cV
David E. Long
ra AST EXCUSED
Robert/�. Masd
ounty Attorney �a7
Glenn Vaad�/ e�
Date of signature: I y'Ii'Ir6
2005-2834
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