HomeMy WebLinkAbout20053054.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1087, FROM A(AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS
WITH E (ESTATE) ZONE USES - ED ORR
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 16th day of November,2005,at 10:00 a.m.for
the purpose of hearing the application of Ed Orr, 826 9th Street, Greeley, Colorado 80631,
requesting Change of Zone, PZ#1087,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 B of Recorded Exemption#3181;being part of the
W1/2 NW1/4 of Section 30, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Robb Casseday, Casseday Creative
Designs, LLC, 826 9th Street, Suite B-100, Greeley, Colorado 80631, and
WHEREAS,Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and, having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a -- The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter23(Zoning),Chapter24(Subdivision),and Chapter26(Mixed Use
Development)of the Weld County Code. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.8.1 (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 will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter27,Article II, of the Weld County Code. The applicant
has met all the Performance Standards as delineated in Section 27-2-10.
The Conditions of Approval ensure compliance with Sections 27-2-20
through 27-2-210 of the Weld County Code.
c. Section 27-6-120.D.5.c -- The uses which will be permitted will be
compatible with the existing or future development of the surrounding area
as permitted by the existing zoning, and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed site is within the three-mile referral
area for the City of Greeley and the Towns of Severance and Windsor. The
City of Greeley requested the applicant be required to include sidewalks and
curbs. Weld County has consistently not required sidewalks and curbs in
subdivisions of nine lots or less located outside of an urban area. The Town
of Windsor stated the proposal is consistent with its Comprehensive Plan
and recommends approval, provided adequate right-of-way is dedicated
along Weld County Road 64.5. The Town of Severance did not respond to
the Change of Zone referral request.
d. Section 27-6-120.D.5.d -- The PUD Zone District will be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27,Article II,of the Weld County Code.
The proposed PUD will be serviced by the North Weld County Water District
and Individual Sewage Disposal Systems will handle the effluent flow.
e. Section 27-6-120.D.5.e--Street or 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 Road 64.5.
f. Section 27-6-120.D.5.f--An Off-Site Road Improvements Agreement and an
On-Site Improvements Agreement proposal will be 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
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geotechnical investigations should be done for all planned structures. These
are required by the Weld County Department of Building Inspection at the
time of the building permit.
h. Section 27-6-120.D.5.h--Consistency exists between the proposed zone
district(s), uses, and the Specific Development Guide. The submitted
Specific Development Guide 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 Ed Orr for Change of Zone, PZ #1087, 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:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1087.
2) The proposed name for the interior road is Overland Court. In
accordance with Section 2-13-70.H.1.a.7 of the Weld County Code
the road shall be named Overland Way.
3) Weld County Road 64.5 is classified by the County as a collector
road by the Weld County Roadway Classification Plan, dated June
2002, adjacent to the proposed development requiring an 80-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 will be dedicated on the final plat.
4) Internal roads are required to meet Weld County criteria for a PUD.
The internal road right-of-way shall be sixty (60) feet in width,
including cul-de-sacs with a sixty-five(65)foot radius,and dedicated
to the public. The typical section of the interior roadway shall be
shown as two 12-foot paved lanes with 4-foot gravel shoulders on the
Change of Zone plat. The cul-de-sac edge of the pavement radius
shall be fifty (50) feet.
5) The plat shall indicate the location of the development sign. The sign
shall meet all setback and offset requirements.
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6) Application materials indicate that the applicant has agreed to place
a fence along the railroad right-of-way. The Landscape Plan shall be
amended to include information on the type of fence and location.
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. Change of Zone, PZ#1087, 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 PUDwill 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 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 well.
H. Activities such as permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the absorption field site.
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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 acre in area. The applicant can
contact the Water Quality Control Division of the Colorado Department of
Public Health and Environment atwww.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, 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. Building permits shall be obtained prior to the construction of any building or
structure. Building permits are also required for signs and structures, such
as bus shelters, if provided.
N. A plan review is required for each building for which a building permit is
required. Plans shall bear the wet stamp of a Colorado registered engineer
or architect. Two complete sets of plans are required when applying for
each permit.
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 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. Building height,wall and opening protection,and separation of buildings with
mixed uses shall be in accordance with the Building and/or Residential Code
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in effect at the time of permit application. 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 applicable 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 from the building.
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. Oil and gas production facilities shall be fenced in order to mitigate the
potential for tampering.
W. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
X. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
Y. 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.
Z. 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.
AA. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
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BB. 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 to revert
back to the original Zone District.
CC. 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. The Final Plan shall address all requirements listed on the Windsor-
Severance Fire Protection District referral dated August 9, 2005.
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C. All copies of the Final Plan application shall include a copy of the proposed
addressing,as indicated in the referral dated August 16,2005,from the Weld
County Department of Building Inspection.
D. The applicant shall address all recommendations listed in the referral dated
August 17, 2005, from the Weld County Sheriffs Office.
E. The applicant shall include evidence in the Final Plan application that the
School District has approved the bus pull off and that any requirements have
been incorporated into the plan.
F. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has approved a location for the group delivery box.
The box shall be placed outside of the road right-of-way on property owned
and maintained by the Homeowners'Association and delineated on the final
plat.
G. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has reviewed the proposed addressing and interior
street name.
H. Stop signs and street name sign locations must be shown on the final
roadway construction plans.
Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and shown on the final roadway plans.
J. 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.
K. The minimum acceptable pavement section for Weld County is three (3)
inches of HBP (Hot Bituminous Pavement) over six (6) inches of ABC
(Aggregate Base Course). The applicant shall show this change on the final
plans. (The Terracon pavement design of three (3) inches of asphalt
concrete and four (4) inches of ABC does not meet the Weld County
minimum standard.)
L. Afinal 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
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existing condition. The final drainage report shall include a flood hazard
review documenting any FEMA defined floodways. The engineer shall
reference the specific map panel number, including date. The development
site shall be located on the copy of the FEMA map. The report shall also
address all requirements listed in the Department of Public Works referral
response dated July 13, 2005.
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 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.
O. Easements shall be shown on the final plat in accordance with
Section 24-7-60 of the Weld County Code, and/or Utilities Coordinating
Advisory Committee recommendations.
P. The applicant shall submit Covenants for review and approval. The
Covenants shall address restriction of livestock to prevent the loss of
vegetative cover and overgrazing of pasture, as no irrigation water is being
proposed for the subdivision. Language for the preservation and/or
protection of the second absorption field envelope shall be placed in the
development Covenants. The Covenants should state that activities such as
landscaping(i.e.planting of trees and shrubs)and construction(i.e.auxiliary
structures, dirt mounds, etcetera) activities are expressly prohibited in the
designated absorption field site. The Covenants should include a plan to
maintain roadways within the PUD during inclement weather conditions for
emergency vehicles. Finalized Covenants and the appropriate fee shall be
submitted for recording with the final mylar plats.
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 Improvement Agreements According to Policy
Regarding Collateral for Improvements. These agreements shall be
approved by the Board of County Commissioners.
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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 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 Exportfiles format type is.eoo. 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 16th day of November, A.D., 2005.
. ' t7af�' BOARD OF COUNTY COMMISSIONERS
WELD C UNTY COLORADO
ATTEST: g / �c �l z,a `✓ /
William H. J e, Chair
Weld County Clerk tot d 9 /7 /,
� ' � M. J. ile, Pro- em
BY: u ail
D uty C!rk to the Ba d
Day. E. Long
ED A RM:
Robert D. Masden
unty Attorney EXCUSED
Glenn Vaad
Date of signature: I ZIP' 105
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