HomeMy WebLinkAbout20053176.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1074, FROM A(AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES - FRANK AND LORETTA
WRIGHT
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 23rd day of November,2005,at 10:00 a.m.for
the purpose of hearing the application of Frank and Loretta Wright, 22 Seven Hills Drive, Boulder,
Colorado 80302, requesting a Change of Zone from the A(Agricultural)Zone District to the PUD
(Planned Unit Development)Zone District for nine(9)residential lots with E(Estate)Zone uses,for
a parcel of land located on the following described real estate, to-wit:
Lot B of Amended Recorded Exemption#3381;being
part of the S1/2NW1/4 of Section 5, Township 1
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),
Chapter 23(Zoning),Chapter 24(Subdivision),and Chapter 26(Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.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
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CHANGE OF ZONE #1074 FROM A (AGRICULTURAL) TO PUD - FRANK AND LORETTA
WRIGHT
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be serviced by the Left Hand Water District for potable water 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.
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
nine (9) residential lots.
2) Section 27-6-90,Signage-Section 27-2-90.C states,"Signage within
a PUD shall adhere to all requirements in Chapters 23,26,and 27 of
the Weld County Code, if applicable." The Department of Planning
Services has consistently required that subdivision signs adhere to
the size standards of signs for public and quasi-public uses, which
is 32-square feet, per Section 23-4-80 of the Weld County Code.
The applicant is proposing a sign that is larger than 32 square feet.
The Department of Planning Services recommends that the size of
the PUD entrance sign not exceed 32 square feet.
3) Section 27-2-190, Urban Scale Development, states, "Urban scale
developments are developments exceeding nine (9) lots and/or
located in close proximity to existing PUDs,subdivisions, municipal
boundaries or urban growth corridors and boundaries." The subject
property borders the Carmacar Estates, Peaks at Mountain View,
and Summit at Mountain View Subdivisions to the west and,
therefore, is considered an urban scale development.
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 Frederick and Erie,and the City of Dacono, in
their referrals dated June 10, 2005, May 25, 2005, and June 15, 2005,
respectively, indicated no conflicts with their 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 applicant has a signed Subdivision/Multiple Tap Purchase Agreement
with the Left Hand Water District. The Office of the State Engineer,Division
of Water Resources, in its referral dated June 9, 2005, indicated the
proposed water supply would not cause material injury to existing water
rights, and the water supply is expected to be adequate. However, the
Division of Water Resources indicated the requirement, as stated in the
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Water Supply Information Summary, (.085 acre feet per lot) is low. The
Division of Water Resources is requesting the applicant confirm or correct
this estimate and submit a copy of the water tap agreement to the Division.
The Department of Public Health and Environment indicated, in its referral
dated June 15,2005,that the proposed PUD has satisfied Chapter 27 of the
Weld County Code in regard to water and sewer service.
e. Section 27-6-120.D.5.e-Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. The proposed PUD will be accessing off of Weld County
Road 3. The Department of Public Works, in its referral dated June 10,
2005, indicated Weld County Road 3 is classified as a minor arterial road
which requires 110-feet of right-of-way. The Department of Public Works is
requiring that this right-of-way(55-feet from the centerline of Weld County
Road 3) be dedicated on the final plat.
f. Section 27-6-120.D.5.f-An Off-Site Road Improvements Agreement and an
On-Site Improvements Agreement are in compliance with Chapter24 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 and enter into an Off-Site Improvements Agreement to
proportionately share the cost of improvements to Weld County Road 3.
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(s)uses, and Specific Development Guide. The submitted Specific
Development Guide accurately reflects the Performance Standards and
allowed uses described in the proposed zone district, as described
previously. The applicant is requesting that the Final Plan be administratively
reviewed,and the Department of Planning Services and Weld County Board
of Commissioners support this request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Frank and Loretta Wright for a Change of Zone from the
A(Agricultural)Zone District to the 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 plat shall be amended as follows:
1) All pages of the plat shall be labeled PZ-1074.
2) Weld County Road 3 requires 55 feet of right-of-way west of the
centerline. The existing right-of-way,and the documents creating the
right-of-way for Weld County Road 3, shall be indicated 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.
5) The existing 30-foot access easement for emergency/oil and gas
access along the south property line, and the proposed 30-foot oil
and gas access easement along the eastern end of the subdivision,
shall be designated on the Change of Zone plat separately from
Tract C.
6) The PUD entrance sign shall be indicated as no larger than
32-square feet.
B. The applicant shall attempt to address the requirements of the Boulder Valley
Soil Conservation District, as stated in its referral received June 16, 2005.
Written evidence of such shall be provided to the Department of Planning
Services.
C. The applicant shall address the requirements of the Weld County Sheriffs
Office, as stated in its referral received May 23, 2005. Written evidence of
such shall be provided to the Department of Planning Services.
D. 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, PZ#1074, is from the A(Agricultural)Zone District to
the PUD(Planned Unit Development)Zone District for nine(9)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
open space, 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 Left Hand 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. 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 Control Division of the Colorado Department of
Public Health and Environment at www.cdohe.state.co.us/wq/PermitsUnitfor
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.
I. 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 entry gates and signs.
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L. A plan review is required for each building. Plans shall include a floor plan.
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 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.
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.
Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
P. 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.
Q. 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.
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
S. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
T. 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.
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U. The site shall maintain compliance,at all times,with the requirements of the
Weld County Government and the adopted Weld County Code and policies.
V. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
W. 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.
X. 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 sixty(60)days from the date the
Board of Commissioners Resolution was signed, a$50.00 recording continuance
charge shall added for each additional three (3) month period.
5. At the time of Final Plan submission:
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.
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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 an Off-Site(Public)Improvements Agreement that
addresses improvements associated with Weld County Road 3.
D. The applicant shall submit development Covenants for Highview Ranch
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 PZ-1074 application materials.
E. The applicant shall provide the Department of Public Works with stamped,
signed, and dated final plat drawings.
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 and approval. Construction details must be
included. Stop signs and streetway sign locations must be shown on the
final roadway construction plans.
G. The applicant shall provide a pavement design prepared by a professional
engineer, along with the Final Plan submittal.
H. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
Easements shall be delineated on the final plat in accordance with County
standards (Section 24-7-60 of the Weld County Code) and the Utilities
Coordinating Advisory Committee recommendations.
J. 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.
2) The 5-yearstorm and 100-yearstorm drainage studies shall take into
consideration off-site flows both entering and leaving the
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development. Increased runoff due to 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 stormwaterflows,while
taking into account adjacent drainage mitigation.
K. The applicant shall submit all proposed street names and lot addresses
evidence to the Weld County Department of Planning Services for review
and approval by the Mountain View Fire Protection District,Sheriffs Office,
Weld County Paramedic Service, and the Post Office.
L. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners' Association, for review and approval.
M. 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.
N. The applicant shall address the requirements of the Weld County Sheriffs
Office, as outlined in the referral dated May 23, 2005. Written evidence of
such shall be provided to the Department of Planning Services.
6. 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. This agreement
shall be approved by the Board of County Commissioners.
C. The applicant shall enter into an Off-Site Improvements Agreement
According to Policy Regarding Collateral for Improvements. This agreement
shall be approved by the Board of County Commissioners.
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D. The applicant shall address the requirements of the Mountain View Fire
Protection District,as outlined in its referral dated May 27,2005, in regards
to approval of fire hydrant locations. Written evidence of such shall be
provided to the Department of Planning Services.
E. The applicant shall provide evidence that the voluntary capital mitigation fee
has been paid,along with the fee-in-lieu-of-land dedication,as stated in the
agreement with Saint Vrain Valley School District RE-1J.
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 23rd day of November, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
1�
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IL,�� � �_•"�� ' lli,.1/
F illiam H. J= ke, Chair
Weld County Clerk to the /
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`( `�j M. . .•eile, Pro-Tem
BY: •
D uty Clerk to the Boa
Da E. Long
APP A M: \Vc)
Robe D. Masd n
unty A orney
Glenn Vab
Date of signature: I717.-7-/05
2005-3176
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