HomeMy WebLinkAbout20052855.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1071, FROM A(AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 833 SINGLE
FAMILY RESIDENTIAL LOTS,ALONG WITH AN ELEMENTARY SCHOOL SITE,70.08
ACRES OF OPEN SPACE AND CONTINUED OIL AND GAS PRODUCTION-MELODY
HOMES, INC., DBA DR HORTON -THE MELODY SERIES
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 19th day of October, 2005, at 10:00 a.m. for
the purpose of hearing the application of Melody Homes, Inc.,dba DR Horton-The Melody Series,
11031 Sheridan Boulevard,Suite A,Westminster,Colorado 80020,requesting a Change of Zone,
PZ#1071,from the A(Agricultural)Zone District to a PUD(Planned Unit Development)Zone District
for 833 single family residential lots, along with an elementary school site, 70.08 acres of open
space,and continued oil and gas production,fora parcel of land located on the following described
real estate, to-wit:
Part of the SW1/4 and part of the SE1/4 of
Section 33,and part of the SW 1/4/4 of Section 34,all in
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS,the applicant was represented by Ken Puncerelli,Land Architects,9137 South
Ridgeline Boulevard, Suite 130, Highlands Ranch, Colorado 80129, 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 this Code. The proposed site is not located within an
Intergovernmental Agreement area. The proposal is consistent with the
aforementioned documents as follows:
2005-2855
PL1792
/L /1cI71C am -_, 4 /7a8'zas
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 2
1) Section 22-2-110.B (UGB.Goal 2) states, "Concentrate urban
development in or adjacent to existing municipalities orthe 1-25 Mixed
Use Development area and maintain urban growth boundary areas
that provide an official designation between future urban and
non-urban uses." The proposed subdivision is located within the
Mixed Use Development (MUD) area, and within the municipal
referral areas of the Town of Mead, City of Longmont, Town of
Firestone, and Town of Frederick.
2) Section 22-2-230.A(MUD.Goal 1)states, "To plan and to manage
growth and to provide for ease of inclusion in the 1-25 Mixed Use
Development area and urban development nodes so as to balance
relevant fiscal,environmental,aesthetic and economic components
of the area." The proposal assures that new development occurs in
such a manner as to maintain an attractive working and living
environment. Further, all applicable standards and regulations,
unless otherwise modified herein, of Chapters 22, 23, 26, and 27
shall be integrated in the design of the Final Plan.
3) Section 26-1-50.B.1.a(MUD.C.Goal 1)states,"Establish a sense of
community identity within the Mixed Use Development area by
planning and managing residential, commercial, industrial,
environmental, aesthetic, and economic components of the area."
The land uses shown on the Change of Zone plat reflect the uses
shown on the MUD Structural Land Use Map 2.1,dated June,2005.
4) Section 26-1-50.B.3.a(MUD.C.Goal 3)states,"Community form and
identity shall be encouraged through the enhancement and
preservation of natural resources and features." Where feasible,
drainage ways shall be maintained in their natural state to ensure
optimal re-charge pursuant to Section 26-1-50.B.3.c
(MUD.C.Policy 3.2). Impacts to airqualitywill be minimized pursuant
to Section 26-1-50.B.3.d(MUD.C.Policy3.3). Disturbed areas will be
re-vegetated immediately following construction. In order to minimize
wind and soil erosion, temporary stabilization measures will be
established until permanent cover is in place, in accordance with
Section 26-1-50.B.3.f (MUD.C.Policy 3.5). Pursuant to Section
26-1-50.B.3.g(MUD.C.Policy 3.6),native species have been selected
for some of the re-vegetation.
5) Section 22-3-140.8 (T.Goal 2) states, "A county-wide trail system
should be considered to service transportation and recreation
purposes." Several pedestrian and open space connections are
provided to connect the three phases of the development and the
surrounding area.
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON -THE MELODY SERIES
PAGE 3
6) Section 22-3-140.A (T.Goal 1) states, "Provide a unified and
coordinated county-wide street and highway system which moves
people and goods in a safe,economical,and efficient manner." The
proposed development will comply with Sections 22-3-60 through
22-3-140 of the Weld County Code. Access to the development will
preserve the existing and future function of roads and highways
affected by this proposed development. Traffic generated by the
proposed development will conform to the recommendations and
requirements of the Department of Public Works,the Town of Mead,
and the Colorado Department of Transportation (COOT), per the
attached Conditions of Approval.
7) Section 26-1-50.B.4.c(MUD.C.Policy 4.2)states, "All proposals for
commercial, industrial, and residential development within the 1-25
Mixed Use Development area and Urban Development Node Overlay
District should use the Planned Unit Development application
process and regulations." The Planned Unit Development process
allows developers flexibility and variety needed to offer a range of
products, services and uses. It will also give the developer an
opportunity to explain the development plans to surrounding land
owners and the County so that important information about land use
compatibility and services,facilities, or utilities needed to serve the
proposal are determined to be adequate.
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 27-2-20, Access Standards - Access to this PUD will be
from Weld County Roads 7, 26.5 and 28.Weld County Road 7 runs
through the middle of this proposed development between the
northwest and southwest phases to the west and the southeast
phase to the east. Weld County Road 26 is located along the
southern boundary of this site. Further, the internal roads as
proposed, shall meet all the requirements of Chapters 24 and 26 of
the Weld County Code. The application is within the County-Wide
Road Impact Program, Section 20-1-10 of the Weld County Code,
and shall require the payment of road impact fees at the time a
building permit is applied for as addressed through Section 20-1-200
of the Weld County Code.
2) Section 27-2-30, Buffering and Screening-An open space buffer is
proposed on all sides of the development between the residential
components of the development and adjacent roads and properties,
including the proposed regional high school and Weld County
Roads 7,26.5, and 28. The site shall maintain compliance with the
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON -THE MELODY SERIES
PAGE 4
Mixed Use Development standards regarding screening and buffering
of the property, per Section 26-2-70,Landscape Regulations,of the
Weld County Code.
3) Section 27-2-40, Bulk Requirements-The applicant has proposed
a deviation from the bulk requirements as set forth in the Weld
County Code, Table 23.4, for the residential component.
One-hundred and fifty(150) of the proposed single family lots are
designated to be a minimum of 5,500 square feet. This is less than
the minimum lot size of six-thousand (6,000) square feet per lot
under the R-1(Low-Density Residential)Zone District requirements.
The remaining lots meet R-1 (Low-Density Residential) lot size
requirements. The Department of Planning Services is requiring that
building setback envelopes be designated within this subdivision per
the attached Conditions of Approval. The applicants are proposing
to vary from the R-1 offset requirement of one(1)foot for each three
(3)feet of building height by proposing a minimum five(5)foot clear
zone with an additional 2.5-foot zone to include any appurtenances
(counter forts,eaves.) The applicants are also requesting a 2.5-foot
zone within the 20-foot front and rear setback areas that will allow for
eaves, bay and box windows, room projections and cantilevers,
foundation counterforts and brick ledges. Front yard sidewalks,back
yard patios/decks(not to exceed a 15-foot extension from the back
foundation wall)and backyard air conditioning units are proposed by
the applicants to be allowed within the setback area. Any deck or
patio cannot encroach into the ten (10)foot utility easement. The
applicant has also proposed a deviation from the 350-foot setback for
oil and gas production facilities, as required for R-1 (Low Density
Residential) uses under Section 23-3-160.F of the Weld County
Code. The proposed lots will be setback a minimum of two-hundred
(200) feet from existing oil and gas production facilities.
4) Section 27-2-50, Circulation - Development within a PUD Zone
District shall be designed and constructed to include adequate,safe,
and convenient arrangements for pedestrian and vehicular
circulation, off-street parking, and loading space. Pedestrian and
vehicular circulation shall relate to the circulation system external to
a PUD Zone District. All streets within the PUD Zone District,
whether private or public,shall be designed and constructed to meet
the requirements of the Weld County Department of Public Works,
Chapter24(Subdivision)and Chapter26(MUD)of the Weld County
Code,and the Colorado Department of Transportation, if applicable,
unless otherwise modified herein.
5) Section 27-2-60,Common Open Space-As proposed,the site does
meet the open space requirements of Chapter 27 (Planned Unit
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 5
Development) and Chapter 26 (Mixed Use Development). The
property meets the twenty percent(20%)open space requirement
outlined in Table 26.1 of the Mixed Use Development chapter of the
Weld County Code.
6) Section 27-2-90, Filing - The applicant has indicated that the
development will occur in five (5)filings.
7) Section 27-2-100, Landscaping Standards - This proposal shall
adhere to Sections 24-9-10, 26-2-70, and 27-2-100 of the Weld
County Code. Adetailed landscape,berm,and screening plan,along
with a maintenance and planting schedule, shall be submitted with
the Final Plan application. The applicant has submitted a proposed
entry sign obelisk monument that is approximately twenty(20)feet
tall by four(4)feet wide at the base. The applicant is proposing two
(2)10-foot tall and two(2)20-foot tall obelisk sign monuments along
Weld County Roads 27 and 7, and one (1) 10-foot tall obelisk sign
monument at the community pool site. The Department of Planning
Services has consistently required that entry signs for PUDs be no
larger than 32 square feet, per Section 23-4-80 of the Weld County
Code. The applicants are asking to vary from this standard.
8) Section 27-2-120, Mixed Use Development Area (MUD) - This
proposal is located within the MUD area and adheres to Chapter 26
of the Weld County Code when the attached Conditions of Approval
are met.
9) Section 27-2-130, Monuments-Permanent reference monuments
shall be set on the Planned Unit Development according to
Chapter 24 of the Weld County Code and Section 30-51-101,et seq.,
C.R.S.
10) Section 27-2-150, Parking Requirements -All parking and loading
areas shall meet the requirements of Chapter 23, Article IV,
Division I,of the Weld County Code. Adequate parking spaces and
internal pedestrian circulation shall be designed to meet
requirements of the Americans with Disabilities Act(ADA)and shall
be illustrated on the Change of Zone plat.
11) Section 27-2-160, Phasing - A Final Plan may develop in phases
within a PUD. The applicant has indicated that the development will
occur in multiple filings and phases. Each Filing shall adhere to the
requirements of the Change of Zone.
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 6
12) Section 27-2-190, Urban Scale Development- For the purpose of
review, this application is considered urban scale and shall adhere
to the requirements of urban-type developments.
13) Section 27-2-200, Uses -The applicant shall provide a conceptual
time frame for the completion of the project, including future
amenities and landscape treatment of adjacent streets and
properties,prior to recording the Change of Zone Plat. The Plat shall
be amended to reflect this time frame.
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.
1) The City of Longmont,in its'referral received May 13,2005,requests
a minimum buffer of 300 feet on the east side of Liberty Gulch, as
previously stated in its Sketch Plan comments for this case.
2) The Town of Mead, in its'referral dated May 16,2005,objects to the
development being considered an unincorporated subdivision,and
requests that the County refer the applicant to petition to the Town of
Mead for Annexation. The Town of Mead also indicated that it objects
to the requirement that the applicant refer to the City of Longmont's
Comprehensive Plan while the Town of Mead is ignored.
3) The Town of Mead,in its'supplemental referral dated May 23,2005,
states the Town still desires to work with all parties and requests that
additional lanes at the intersection of Weld County Road 7 and State
Highway 66(as identified in the May 17,2005,Traffic Impact Study)
be installed and that paving of Weld County Road 7 from Weld
County Road 28 to State Highway 66 be completed. The above
improvements should be completed concurrent with Phase I of the
project and it is requested that no Certificates of Occupancy be
issued for the project until the above improvements are completed.
4) The City of Dacono, in its'referral dated May 16,2005, states this is
urban development that is appropriate for a town or city and not
appropriate for a county.
5) The Town of Frederick,in its'referral dated May 19,2005,states that
it finds no conflict with its' interests.
6) Referral comments from municipalities are addressed through the
attached Conditions of Approval. The proposed PUD does meet the
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 7
intent and is in compliance with the Weld County MUD Structural 2.1
Land Use Map, dated June 2005. The proposed site is surrounded
by agricultural land. A proposed St. Vrain Valley School District
Regional High School site is located to the north of the proposed
Southeast Phase of the development. The Liberty Gulch runs along
the western edge of the proposed PUD, a major portion of Liberty
Gulch is located off of the property.
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.
1) A signed and notarized water service agreement between the
applicant and the Long's Peak Water District for domestic use has
been provided with the application materials. It has been reviewed
and approved as to form by Lee Morrison,Assistant County Attorney.
2) The referral dated May 13, 2005, from the Office of the State
Engineer, Division of Water Resources,stated,"the proposed water
supply may be provided without causing material injury to existing
water rights and the supply is expected to be adequate contingent
upon obtaining a letter of commitment from the District and
contingent upon completion of the District's improvements to its'
facilities."
3) The applicants have indicated that irrigation water for open space and
lawns will be provided by the Long's Peak Water District. Provisions
for irrigation water are provided in the Long's Peak Water District
Subdivision Service Agreement for Adler Estates.
4) The applicant has also provided a signed and notarized sewer
service agreement with the Saint Vrain Sanitation District.
5) The Department of Public Health and Environment indicated, in its'
referral dated May 9, 2005, that the application 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.
1) The Weld County Department of Public Works has reviewed the
proposal and has determined the internal streets meet the
requirements of Chapter 24 of the Weld County Code. Roadway
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 8
plans will be required at the Final Plan, per the Department of Public
Works.
2) All internal road rights-of-way should be dedicated to the public,and
the roads designed and constructed to County standards. At the
Final Plan phase for each development phase, road construction
plans, improvement agreements, and collateral will be required in
accordance with County policies.
3) Section 22-2-220 of the Weld County Code addresses
interconnection of communities, stating connectivity of roadway
systems between neighborhoods is critical. It reduces trip lengths
between neighborhoods and helps to reduce traffic congestion. New
development should be configured as neighborhoods; not isolated
enclaves.
4) The Department of Public Works is requiring that the southeast
phase of the development address future connectivity with adjacent
parcels to the east and south.
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.
1) The Conditions of Approval ensure compliance with Chapter 24,
Article VII, and Sections 24-9-10 and 24-9-20 of the Weld County
Code.
2) The Weld County Departments of Public Works and Planning
Services, the Town of Mead, and the Colorado Department of
Transportation (CDOT) shall require an Off-Site (Private) and
On-Site (Public) Improvements Agreement in accordance with
Section 27-6-120.6.f of the Weld County Code at the time of Final
Plan application.
g. Section 27-6-120.D.5.g -There has been compliance with the applicable
requirements contained in Chapter 23 regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site.
1) The Colorado Geological Survey, in its'referral letter dated May 16,
2005, indicated concerns with groundwater/drainage on the site
(referring to a supplemental Geotechnical Investigation by Terracon,
dated December 14, 2004), and a letter and map regarding the
Groundwater Management/Soil Treatment of the Adler Property by
Terracon,dated January 17,2005. The referral states,"Groundwater
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 9
was found at depths of two (2) to thirteen (13)feet throughout the
property. Terracon recommends against basement construction in
the center of the property due to shallow groundwater. This should
be on the plat notes and be a condition of plat approval. The site
specific subsurface investigations should note depth to groundwater
and make recommendations for subsurface construction."
2) The engineering report dated December 14,2004,and a subsequent
letter, dated January 17, 2005, from Terracon indicates that an
underdrain system will be installed within the subdivision to draw
down the water table. In addition,fill will be placed in areas of shallow
groundwater to provide a minimum one(1)to three(3)footclearance
between the groundwater table and the bottom of the basements.
Perimeter drains are planned around all basements.
3) The Weld County Department of Public Works, in its' referral dated
May 31, 2005, stated the Preliminary Drainage Report for Adler
Estates, by Kurt R. Rollin, P.E. with Tetra Tech RMC, dated
January 2005, is generally acceptable as a master drainage and
grading plan forthe Change of Zone request. A final drainage plan for
each Final Plan(development phase)application shall be submitted.
4) A Final Drainage Report(s)must be stamped, signed and dated by
a professional engineer licensed in the State of Colorado and
submitted at the Final Plan for each development phase. The
applicant must address the small"dam"features along Liberty Gulch
in the vicinity of the proposed development,as well as down stream.
Final drainage construction plans, conforming to the Drainage
Report, shall be submitted with each filing and phase.
5) In the referral response dated May 13, 2005, the Weld County
Department of Building Inspection stated,"Each building will require
an engineered foundation based on a site-specific geotechnical
report oran open hole inspection performed bya Colorado registered
engineer. Engineered foundations shall be designed by a Colorado
registered engineer."
h. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s),uses,Conceptual Development Guide. The proposed PUD shall
be consistent with(R-1)Low Density Residential zoning with the exception
of lot size requirements, sign requirements, building setbacks and offsets,
oil and gas setbacks,and a deviation to exclude livestock units and carports
from the allowable accessory uses."
3. The submitted materials are in compliance with Section 27-6-30 of the Weld County
Code, as follows:
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 10
a. Section 26-6-40,Wildlife Impacts-A referral,dated May 15,2005,from the
Colorado Division of Wildlife,stated that the property is currently agricultural
land and generally cannot be considered as critical habitat for any wildlife
species. The Liberty Gulch area should be maintained as an open corridor
and improved and enhanced with native vegetation. The applicant has
indicated a proposal to revegetate the Liberty Gulch area per the Colorado
Division of Wildlife recommendation in the Preliminary Site Improvement
plans. The Department of Public Health and Environment, in its' referral
dated May 9, 2005, states, "The initial impact plan submitted in the
application materials appears to address all the environmental impacts of
Section 27-6-40."
b. Section 27-6-50, Service Provision Impacts.
1) Schools - The application indicates that Adler Estates PUD has
agreed to participate in the St.Vrain Valley School District impact fee
program. A ten(10)acre elementary school site has been provided
at the request of the School District.
2) Fire Protection-Fire protection will be provided by the Mountain View
Fire Protection District
3) Ambulance - The PUD will be serviced by the Mountain View Fire
Protection District. The applicant will continue to work with Mountain
View to ensure that all development within the PUD will be accessible
and meet all requirements of Mountain View as discussed under the
heading of fire protection.
4) Transportation-The application states that"the applicant has agreed
to the on-site and off-site roadway improvements as outlined in the
February 4, 2005, Letter of Understanding from the Weld County
Department of Public Works.
5) Traffic Impact Analysis-A Traffic Impact Study,dated May 17,2004,
was submitted by Eugene G. Coppala, P.E. The Weld County
Department of Public Works is requiring a Final Traffic Impact Study
to be submitted with the Final Plan application(s)taking into account
the final street layout and traffic studies.
c. Section 27-6-60, Landscaping Elements - The applicant shall submit a
revised Comprehensive Landscape Plan in accordance with this Section of
the Weld County Code. A detailed landscape, berm, and screening plan,
along with maintenance and planting schedule, shall be submitted with the
Final Plan application.
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 11
d. Section 27-6-70, Site Design.
1) Compatibility of Uses to Areas Surrounding the PUD-The proposed
PUD is currently surrounded by agricultural land. A future high
school site is indicated to the north of proposed Filings 4 and 5 of this
PUD. Generous landscaped areas and setbacks help to buffer the
surrounding single family lots from the adjacent arterial roads and
surrounding properties. The program uses and scale of building
types within the development are compatible as proposed.
2) Hazard Districts - The proposed PUD Zone District is not located
within a Flood Hazard, Geologic Hazard, or Airport Overlay District.
e. Section 27-6-80, Common Open Space Usage.
1) The application states that 70 acres of open space,or approximately
twenty-three percent(23%)of the site is common open space. As
proposed, the site does meet the open space requirements of
Chapters 26 and 27 of the Weld County Code.
2) Three tot lots,a swimming pool,a roller hockey rink and a basketball
court are indicated in the three main designated park areas, along
with a trails system in the open space areas on the perimeter of the
development,which provides connections to the residential portions
of the development. Trail connections to adjacent properties are
indicated in the northwest boundary of the site along Weld County
Road 28,the southern boundary of the site,and the eastern boundary
of the site along Weld County Road 26.5.
3) In the referral response from the City of Longmont, dated May 13,
2005, the City recommends a 300-foot buffer along the east side of
Liberty Gulch be implemented. The applicants are proposing a
setback of 100 to 500 feet along Liberty Gulch.
4) The Department of Public Health and Environment, in its' referral
dated May 9,2005,recommends that permanent restroom and hand
washing facilities be placed in close proximity to public gathering
areas. The applicants have indicated that they will provide two
permanent restroom facilities. One will be adjacent to the pool and
roller hockey facilities,and another will be adjacent to the tot lot and
basketball court. They have also agreed to provide a concrete pad
and screen fence for a future portable restroom facility in the pocket
parks for Phase One and Phase Three.
f. Section 27-6-90, Proposed Signs-The applicant has submitted elevations
fora proposed obelisk sign to serve as an identification sign for the proposed
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 12
PUD. The proposed obelisk sign is larger than thirty-two (32)square feet
standard for PUD entrance signs, per Section 23-4-80.A.2 of the Weld
County Code. The applicant is requesting a waiver from this standard.The
applicant is proposing two (2) 10-foot tall and two (2) 20-foot tall obelisk
signage monuments along Weld County Roads 28 and 7,and one(1)10-foot
tall obelisk sign monument at the community pool site.
g. Section 27-6-100, MUD Impacts -The proposed Change of Zone does lie
within the Mixed Use Development area and requires adherence to all criteria
outlined in Chapter 26 of the Weld County Code, or as modified in the
application materials.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Melody Homes, Inc.,dba DR Horton-The Melody Series,
for a Change of Zone, PZ#1071, from the A(Agricultural) Zone District to a PUD (Planned Unit
Development)Zone District for 833 single family residential lots,along with an elementary school
site, 70.08 acres of open space, and continued oil and gas production, 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 Change of Zone plat shall meet all requirements of Section 27-9-20 of
the Weld County Code.
2. 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 hearing, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
3. The plat shall be amended to include the following:
A. The proposed locations of the oil and gas drilling envelopes(if no agreement
is reached) and the existing oil and gas facilities on the site, including all
easements associated with these facilities.
B. Weld County's Right to Farm note, as delineated in Appendix 22-E of the
Weld County Code.
C. A bike lane adjacent to the outside through-lanes must be added to roadway
cross-section (Section A). The bike lane should be six (6)feet in width.
D. A typical 80-foot Collector roadway cross-section shall be indicated. The
typical roadway section of the interior roadway shall be shown as two twelve
(12)foot paved lanes with eight(8)foot paved parking lanes on the Change
of Zone plat(the traffic impact study shall classify interior roadways of the
development). The MUD shall require curb, gutter, and sidewalk.
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON -THE MELODY SERIES
PAGE 13
E. Building envelopes with overhang areas noted shall be indicated.
F. Weld County Road 7 is classified by the Weld County 1-25 Parallel Arterial
Study as a major arterial road which requires 140-feet of right-of-way. If the
right-of-way cannot be verified, it shall be dedicated on the final plat.
G. Weld County Road 28 is classified by the Weld County 1-25 Parallel Arterial
Study as a major arterial road and requires 140-feet of right-of-way. If the
right-of-way cannot be verified, it shall be dedicated on the final plat.
H. Weld County Road 26.5 is classified as a collector status road and requires
80 feet of right-of-way.
The wellhead setback radius, as indicated on the plat, shall be amended
from 300 feet to 200 feet.
J. The Change of Zone plat map shall be submitted to the Department of
Planning Services for recording within sixty (60) 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. 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#1071, is from the A(Agricultural)Zone District to the
PUD (Planned Unit Development) Zone District with R-1 (Low Density
Residential)and continuing oil and gas production uses in the Mixed Use
Development Overlay District,as indicated in the application materials on file
and subject to,and governed by,the Conditions of Approval stated hereon
and all applicable Weld County regulations. The R-1 (Low Density
Residential)lots shall comply with all R-1 requirements,with the exception
of minimum lot size, oil and gas setbacks, building offsets and setbacks,
animal units and/or associated kennel facilities and carports and/or parking
areas. The applicants are also requesting a 2.5-foot zone within the 20-foot
front and rear setback areas that will allow for eaves, bay and box windows,
room projections and cantilevers,foundation counterforts and brick ledges.
Front yard sidewalks, back yard patios/decks (not to exceed a 15 foot
extension from the back foundation wall)and back yard air conditioning units
are proposed by the applicants to be allowed within the setback area. Any
deck or patio cannot encroach into the ten(10)foot utility easement. Adler
Estates PUD shall be allowed the proposed signage concept that is in
excess of the allowable signage area per Section 23-4-80 of the Weld
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 14
County Code. The applicant has submitted a proposed entry sign obelisk
monument that is approximately twenty(20)feet tall by four(4)feet wide at
the base. The applicant is proposing two(2)10-foot tall and two(2)20-foot
tall obelisk sign monuments along Weld County Roads 28 and 7,and one(1)
10-foot tall obelisk sign monument at the community pool site.
Noncompliance with any of the foregoing Conditions of Approval may be
reason for revocation of the Permit by the Board of County Commissioners.
B. Adler Estates PUD shall obtain water from Long's Peak Water District.
C. Adler Estates PUD shall obtain sewer service from the St.Vrain Sanitation
District.
D. A Stormwater Discharge Permit is required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal one(1)acre in area. Contact the Water
Quality Control Division of the Colorado Department of Public Health and
Environment atwww.cdphe.state.co.us/wa/PermitsUnit for more information.
E. 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
(A.P.E.N.), and apply for a permit from the Colorado Department of Public
Health and Environment.
F. During the development of the site, all land disturbance 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.
G. 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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. At the first of the Final Plans to be filed,the applicant shall submit evidence
that they are prepared to provide a proportional share of the signalization
costs at the pedestrian school crossing at the intersection of Weld County
Roads 7 and 26.5 to the future Saint Vrain school site.
Permanent restroom and hand washing facilities shall be provided within
easy access of the public gathering areas.
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 15
J. Building permits shall be obtained prior to any construction. A separate
permit will be required for each structure. Permits are required for structures
such as bus shelters or entrance gates.
K. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Residential building plans may be
required to bear the wet stamp of a Colorado registered architect or
engineer.
L. 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, 2002
National Electrical Code, and Chapter 29 of the Weld County Code.
M. Each residential building will require an engineered foundation based on a
site-specific geotechnical report or an open hole inspection performed by a
Colorado registered engineer. Engineered foundations shall be designed by
a Colorado registered engineer.
N. 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. Offset and setbacks are
measured per the approved PUD setback standards. An Improvement Lot
Certificate (ILC)will be required for each building showing the offset and
setback distances to property lines in accordance with the approved PUD
setback standards. The ILC, bearing the stamp of a Colorado registered
engineer or the certification of a Colorado registered surveyor, will be
required prior to the frame inspection.
O. All signs, including entrance signs, shall require building permits. Signs
shall adhere to the applicable requirements outlined in Sections 26-2-90
and 23-4-100 of the Weld County Code. These requirements shall apply to
all temporary and permanent signs. With each Filing, the applicant shall
follow the approved Sign Plan.
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 Area.
Q. Short-term improvements, in the form of additional lanes on the north and
south legs of the intersection of County Road 7 and State Highway 66, as
identified in the Traffic Impact Study-Adler Estates-Weld County,Colorado
dated May 17,2004,Traffic Impact Study,are to be installed,and paving of
Weld County Road 7 from Weld County Road 28 to State Highway 66 is to
be completed to allow the roadways listed to function at an acceptable level
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON -THE MELODY SERIES
PAGE 16
of service. These improvements are to be completed concurrent with
Phase 1 of the project,and no Certificates of Occupancy are to be issued for
the project until all of these improvements identified are completed.
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, Article II, of the Weld County Code.
T. The property owner shall be responsible for complying with Chapter 27,
Article VIII, of the Weld County Code.
U. The property owner shall be responsible for complying with the criteria of
Chapter 26 of the Weld County Code.
V. 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.
W. The property owner shall be responsible for maintaining compliance with
Section 26-2-100 of the Weld County Code.
X. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan as been approved and
recorded.
Y. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
Z. 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,private utilities,and other facilities. Open space restrictions are
permanent.
AA. The property owner shall allow any mineral owner or lessee the right of
ingress or egress for the purpose or exploration development, completion,
re-completion,re-entry,production and maintenance operations associated
with existing or future operations located on these lands. Installation of
utilities shall comply with Section 24-9-10 of the Weld County Code.
BB. Adler Estates PUD shall comply with Section 27-8-50 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
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 17
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 applicant possesses
the willingness and ability to continue with the submittal of the PUD Final
Plan. The Board may extend the date for the submittal 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,orthatthe 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.
5. At the time of Final Plan submittal:
A. The applicant shall submit a Final Drainage Report, stamped, signed and
dated by a professional engineer licensed in the State of Colorado to the
Department of Public Works for approval with each Final Plan(phase)of the
PUD. The final drainage report(s)shall contain/address the following items:
1) The final drainage report shall include a Water Quality Capture
Volume (WQCV)analysis. The volume must be conducted as the
two-year storm with a 24-hour drain time or other approved system.
As an alternative, sedimentation basin and sand filtration beds,
vegetation filtration beds, and other passive and natural filtration
systems maybe used. Please refer to Urban Drainage, Volume 3.
2) The Department of Public Works is generally agreeable with the
engineer's approach to stormwater runoff and will support the "no
detention"option,provided there are no hazards downstream. This
evidence must be included as analysis in the Final Drainage Plan to
be submitted with each phase of the PUD.
3) The Final Drainage Report(s) 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.
B. 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.
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 18
C. The applicant shall submit a plan delineating all fire hydrant locations, the
specific size of the water mains,and the projected flow rate for each Filing.
The submittal must include a water supply analysis indicating the available
fire flow at the most demanding point in the water system.
D. 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 each Final Plan
(phase) application.
E. The applicant shall submit stamped, signed, and dated final plat drawings
and roadway/construction and grading plan drawings for review by the
Department of Public Works. Construction details must be included. Stop
signs and street name signs will be required at all intersections and shown
as a signing plan on the final roadway plans. The current edition of the
Manual on Uniform Traffic Control Devices(MUTCD)shall govern the signing
plan.
F. The applicant shall provide a pavement design prepared by a professional
engineer. The minimal acceptable pavement section for Weld County is
three (3) inches HBP over six (6) inches ABC.
G. Easements shall be shown on the final plat in accordance with County
standards and Section 24-7-60 of the Weld County Code and/or the
recommendations of the Utilities Coordinating Advisory Committee.
H. Intersection site 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 noted on the final roadway plans and final plat.
The applicant shall discuss more fully the parking for the proposed
community swimming pool and basketball court at the Final Plan (phase).
J. The applicant must handle the pedestrian traffic in the roadway system
perimeter of the proposed school site. Also,pedestrian impacts(pertaining
to the proposed on-site and off-site school sites)to associated pedestrian
crossings of Weld County Roads 7 and 28.5 shall be determined.
K. Future interconnectivity must be discussed at the Final Plan (phase). The
proposed southeast parcel (south of Weld County Road 26.5 and east of
Weld County Road 7) must address future interconnectivity to adjacent
parcels located to the east and south.
L. Weld County Road 26.5 at Liberty Gulch must be barricaded and shown as
such on the Final Plan (phase).
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 19
M. The applicant shall submit an On-Site (Private) and Off-Site (Public)
Improvements Agreement that addresses all improvements associated with
this development,per compliance with Section 24-9-10 of the Weld County
Code.
N. The applicant shall submit evidence to the Department of Planning Services
that approval was received from the Department of Public Works of an
Improvements Agreement Regarding Collateral for the Transportation and
Non-Transportation portion of the PUD.
O. Service Provision Impacts for ambulance services shall be addressed, as
required by Section 27-6-50.6.4 of the Weld County Code.
P. The landowner/applicant shall submit a Conceptual Landscape Plan with
topographical features delineated in accordance with Sections 27-2-100
and 26-2-60 of the Weld County Code for each Filing.
Q. The applicant/landowner shall submit a Conceptual Sign Plan in accordance
with Sections 23-4-70 and 26-2-90 of the Weld County Code,for each Filing.
R. The applicant/landowner shall submit a Phasing Plan with incremental
intervals identified in accordance with Section 27-2-160 of the Weld County
Code for each Filing.
S. The applicant/landowner shall submit a Conceptual Lighting Plan in
accordance with Sections 23-3-100, 27-6-90, and 26-2-90 of the Weld
County Code for each Filing.
T. The applicant shall submit the final alignment of the connection of the
recreational trail to planned regional trails in the area, if any,and all land
dedications completed within the PUD.
U. The applicant shall submit the final agreement with the St. Vrain School
District for the proposed development.
V. The applicant shall submit three draft copies of the Homeowners'
Association for review and approval by Weld County Government.
W. The applicant shall submit Covenants for review and approval. The
Covenants shall address the proposed Noxious Weed Plan, and wildlife
issues. Finalized Covenants and the appropriate fee shall be submitted for
recording with the final mylar plats.
X. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code, or as modified in the application
materials.
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 20
Y. The applicant shall submit nine (9) additional copies of the Final Plan
application,final plat,and utility plans to the Department of Planning Services
for review by the Utilities Coordinating Advisory Committee.
Z. A Final Traffic Study shall be submitted taking into consideration the final
layout and traffic studies. The traffic study shall address any and all
transportation requirements for the final build out of the development.
AA. The applicant shall provide written evidence from the Colorado Geological
Survey that its'issues and concerns with groundwater/drainage and future
basement construction, as stated in the referral dated May 16, 2005, have
been addressed, and basements can be constructed on the lots located
within the high groundwater areas or a plat note shall indicate which lots
should not have basements.
BB. The applicant has proposed trees to line the interior roadways. These trees
are to be in the individual lots or the road right-of-way. If they are intended to
be in the individual lots the Covenants need to ensure that their placement
does not interfere with utility easements. Utility easements are addressed
in Section 24-7-60 of the Weld County Code.
CC. The applicant shall submit a digital file of all drawings associated with the
Final plat 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).
6. Prior to Recording the final plat:
A. Original copies of the approved Covenants, 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 submit the finalized agreement/service plan for the
Metropolitan District.
C. The(Development)shall present a unanimous petition of all land owners and
residents within the development,registered to vote in the State of Colorado,
thus qualifying the Development for inclusion into the SWCLEA(if it has been
created) or for creation of a separate LEA (if it was not created). A Law
Enforcement Authority(LEA)is a taxing unit with a maximum mill levy of 7
mills created for the purpose of providing additional law enforcement by the
2005-2855
PL1792
CHANGE OF ZONE#1071 FROM A(AGRICULTURAL)TO PUD-MELODY HOMES, INC., DBA
DR HORTON - THE MELODY SERIES
PAGE 21
county sheriff to the residents of the developed or developing unincorporated
Weld County.The revenues would be available initially to provide directed
patrols and eventually to provide additional deputies to carry out those
activities within the LEA. This is intended to offset the demand for law
enforcement generated by increased population densities."
7. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and Stop signs, as
required by the Weld County Department of Public Works,at the appropriate
locations.
B. Complete drawings shall be submitted for review by the Mountain View Fire
Protection District.
C. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
., R I
�_�® fid<40
a WELD COUNTY, COLORADO
ATTEST: )"'H"1 '� ,rte% ems— / /1 1 .[-. NAY
illiam H. J- tee, Chair
Weld County Clerk to the Board ��;, —� AYE
/
V /I/� •
' M.Mfr ile, Pro- em
BY: ,fl, to G trd
putt' erk the and AYE
D. 'd E. Long
APPR T 1 \ , AYE
RobertA. Mas.e
nt Attorne Y I
t' f,_> ----
,“. ( tail (AYE)
Glenn Vaad <
Date of signature: I 17-2-105
2005-2855
PL1792
Hello