HomeMy WebLinkAbout20050638.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1043, FROM A(AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - SHERRY LAWLEY
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 March,2005,at 10:00 a.m.for the
purpose of hearing the application of Sherry Lawley,26658 Weld County Road 74, Eaton,Colorado
80615, requesting a Change of Zone from the A(Ag ricultural)Zone District to a PUD(Planned Unit
Development)Zone District for eight(8)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#3581;being part of the
SE1/4 of Section 4, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Jeff Couch,TEAM Engineering,3468 Shallow
Pond Drive, Fort Collins, Colorado 80528-7002, 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 within the
three-mile referral area of any municipality. The proposal is consistent with
the aforementioned documents as follows:
1) Section 22-3-50.6.1 (P.Goal 2)states, "Require adequate facilities
and services to assure the health,safety,and general welfare of the
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. In a referral,
dated November 2, 2004, the Weld County Department of Public
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Health and Environment indicated that the application has satisfied
Chapter 27 of the Weld County Code in regard to water and sewer
service.
b. Section 27-6-120.D.5.b--The uses which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
Section 27-2-20,Access standards—"All PUD developments will be served
by an internally paved road system according to County standards. An
exception to paving may be granted by the Director of Public Works for
residential PUD's of nine (9) lots or less, located in nonurban areas as
defined in Chapter22 of the Weld County Code,when the PUD is not located
within close proximity to other PUD's, subdivisions and municipal
boundaries, and when access to the PUD is not from a public road which is
paved or will be paved within a year of approval of the PUD." In a referral
dated November 9, 2004,the Department of Public Works indicated that it
has accepted the applicant's proposal to utilize a gravel interior road.
Section 27-2-40, Bulk requirements—The application indicated that all the
lots shall adhere to the Bulk Requirements of the E (Estate)Zone District.
Lot 5, which is proposed to be 78.81 acres, will vary from the maximum
twenty (20) acre lot size allowed in the E (Estate) Zone District.
The applicant has met the remaining Performance Standards as delineated
in Section 27-2-10 of the Weld County Code. 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 not within the three-mile referral
area for any municipality.
d. Section 27-6-120.D.5.d--The proposed PUD will be serviced by the North
Weld County Water District and individual sewage disposal systems will
handle the effluent flow. In a referral dated November 2,2004,Weld County
Department of Public Health and Environment indicated 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. In a referral dated November 1, 2004, the Weld County
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Department of Public Works indicated this development will introduce
additional vehicle trips to the roadway system. This increased level of traffic
on unpaved roads creates fugitive dust and surface maintenance problems.
The Department of Public Works has required the applicant to enter into an
agreement with the County to proportionately share the cost of paving. The
cost will be based on a proportion of the traffic generated by the development
to existing (background) traffic on Weld County Road 55 between State
Highway 392 and Weld County Road 74,which connects to paved roadways.
f. Section 27-6-120.D.5.f -- 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 concerns with soil
compositions on the site affecting foundations and roadways. As
recommended by the Colorado Geological Survey, conditions have been
included which ensure site-specific engineering investigations for foundations
and a separate geotechnical investigation for the design of the roadway and
cul-de-sac. The Colorado Geological Survey also indicated concerns with
the possibility that coal beds in the Laramie Formation could de-gas over
time if they are penetrated and exposed by a house foundation. As
recommended, venting systems will be required in foundation plans or an
engineer will be required to monitor foundation excavations. If coal is not
encountered, venting may not be needed.
h. Section 27-6-120.D.5.h--The submitted Specific Development Guide does
accurately reflect 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 Sherry Lawley for a Change of Zone from the
A(Agricultural)Zone District to a PUD (Planned Unit Development)Zone District for eight(8)lots
with E(Estate)Zone uses,on the above referenced parcel of land be,and hereby is,granted subject
to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall submit a plan to the Colorado Division of Wildlife for the
management of the Black-tailed Prairie Dogs and Burrowing Owls on the
site. Evidence of approval and a copy of the approved plan shall be
submitted to the Department of Planning Services.
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B. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1043.
2) The appropriate signature blocks shall be delineated on the plat.
3) The Weld County Roadway Classification Plan currently shows Weld
County Road 72 classified as a local gravel road requiring a 60-foot
right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way shall be noted on the
Change of Zone plat. If the right-of-way cannot be verified, it will be
dedicated on the final plat. Weld County Road 72 is gravel adjacent
to the proposed development and maintained by Weld County.
4) The Weld County Roadway Classification Plan currently shows
County Road 55 classified as a local gravel road requiring a 60-foot
right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way shall be noted on the
Change of Zone plat. If the right-of-way cannot be verified, it will be
dedicated on the final plat. Weld County Road 55 is a stabilized
gravel base(2004)roadway adjacent to the proposed development
and maintained by Weld County.
5) The applicant has proposed a school loading area and pedestrian
shelter at the entrance of the PUD. The applicant shall submit
evidence that School District RE-2 has accepted the proposal.
6) The applicant has proposed a postal delivery unit at the entrance of
the PUD. The applicant shall submit evidence that the appropriate
postal district has accepted the proposal.
7)_ The plat shall indicate the appropriate setback from the oil and gas
facilities on the site in accordance with Section 23-3-440.K of the
Weld County Code.
8) The PUD internal roadway right-of-way shall be 60 feet in width,
including cul-de-sacs with a 65-foot radius, and dedicated to the
public. The typical cross-section of the interior road should be shown
as two 13-foot gravel lanes, minimum, on the Change of Zone plat.
The cul-de-sac edge of roadway radius must be 50 feet.
C. 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:
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A. Change of Zone, PZ#1043, is from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone District for eight(8)residential lots,
as indicated in the application materials on file. The lots will adhere to the
uses allowed in the E (Estate)Zone District, except Lot 5 will vary from the
maximum lot size allowed in the E (Estate)Zone District. The PUD will be
subject to, and governed by,the Conditions of Approval stated hereon and
all applicable Weld County regulations.
B. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
C. A Homeowners'Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance,taxes and maintenance of
open space, streets, private utilities, and other facilities. Open space
restrictions are permanent.
D. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
E. Water service shall be obtained from the North Weld County Water District.
F. This Planned Unit Development 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. Contact the
Colorado Department of Public Health and Environment, Water Quality
Control Division, at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
H. During development of the site,all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
In accordance with the Regulations of the Colorado Air Quality Control
Commission,any development that disturbs more than five(5)acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
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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.
L. A plan review is required for each building. Building plans may require the
wet stamp of a Colorado registered engineer or architect. Two complete
sets of plans are required when applying for each permit.
M. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include the
2003 International Residential Code,2003 International Building Code,2003
International Mechanical Code, 2003 International Plumbing Code, 2003
International Fuel Gas Code,2002 National Electrical Code,and 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 Chapter23 of the Weld
County Code.
P. 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 Chapter23 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. When measuring buildings to determine offset and
setback requirements,buildings are measured to the farthest projection from
the building. Property lines shall be clearly identified and all property pins
shall be staked prior to the first site inspection.
Q. Coal beds in the Laramie Formation could de-gas over time if they are
penetrated and exposed by a house foundation. Venting systems shall be
built into all of the foundations to account for all potential radiation and coal-
gas exposures or an engineer will be required to monitor foundation
excavations. If coal is not encountered,venting may not be needed. Should
the homeowner not build a venting system, a letter from a professional
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engineer shall be submitted to the Department of Building Inspection
indicating that coal was not encountered and the venting is not necessary.
R. Effective January 1,2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
S. Potential purchasers are hereby notified that numerous confined animal
feeding operations are located in the area. Off-site impacts that may be
encountered include noise from trucks, tractors, and equipment; dust from
animal pens; and odors from animal confinement, silage, and manure.
T. The Weld County Sheriffs Office has limited traffic enforcement powers on
subdivision roadways which are not adopted or maintained by the County.
U. Oil and gas facilities shall be fenced to mitigate the potential for tampering.
V. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
W. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
X. 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.
Y. 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.
Z. No development activity shall commence, nor shall any building permits be
issued, until the final plan has been approved and recorded.
AA. 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
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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.
BB. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files),Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not
acceptable).
4. At the time of Final Plan submission:
A. The applicant shall submit evidence that a ditch agreement covering
drainage review by the Nazarenus Ditch Company, fencing type,
responsibility for maintenance and installation of fencing, maintenance of the
strip of ditch right-of-way, and access for the ditch and maintenance of that
area. If the agreement is not reached,the Board of County Commissioners
shall review the Final Plan,otherwise the Board supports an administrative
review.
B. The applicant shall submit Improvements Agreements According to Policy
Regarding Collateral for Improvements with the final plan application. These
agreements must be reviewed by County staff and shall be approved by the
Weld County Board of Commissioners prior to recording the final plat.
C. This development will introduce additional vehicle trips to the roadway
system. This increased level of traffic on unpaved roads creates fugitive
dust and surface maintenance problems. The applicant shall enter into an
agreement with the County to proportionately share the cost of paving. The
cost will be based on a proportion of the traffic generated by the development
to existing (background) traffic on Weld County Road 55 between State
Highway 392 and Weld County Road 74, which are paved roadways. The
applicant shall submit a proposed off-site agreement with the final plan.
D. Stop signs and street name sign locations must be shown on the final
roadway construction plans.
E. 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 noted on the final roadway plans.
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F. The applicant shall submit to the Department of Public Works stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings for review and approval. Construction details must be
included.
G. The applicant has indicated that drainage will be directed to a detention pond,
then discharged at historic rates into the Nazarenus Ditch. The applicant
shall submit evidence that the Nazarenus Ditch Company has approved
discharge from the site into the Ditch. If approval is not obtained from the
Ditch Company, the Drainage Plan shall be amended.
H. A final drainage report stamped, signed, and dated by a professional
engineer licensed in the State of Colorado shall be submitted with the final
plan application. The 5-year storm and 100-year storm drainage studies
shall take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of
the 100-year storm developed condition while releasing the 5-year storm
existing condition.
The 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.
J. 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.
K. 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.
L. It is recommended that the final roadway plan include a geotechnical
investigation for the design of the roadway and cul-de-sac.
M. Easements shall be shown on the final plat in accordance with County
standards and/or Utility Board recommendations.
N. The applicant shall submit covenants for review and approval. The
covenants shall address concerns listed by the Colorado Division of Wildlife
regarding the restriction of livestock to prevent the loss of vegetative cover
and measures to prevent overgrazing of pasture as no irrigation water is
being proposed for the PUD. The covenants shall also address the
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limitations placed on individual homeowners by the Right-of-way and
Easement Agreement with the Nazarenus Ditch Company, recorded on
July 22, 2002, at Reception No. 2970917. Finalized covenants and the
appropriate fee shall be submitted for recording with the final mylar plats.
O. All signs,including entrance signs,shall require building permits. Signs shall
adhere to Section 23-4-80 of the Weld County Code. These requirements
shall apply to all temporary and permanent signs.
P. The applicant shall submit evidence to the Weld County Department of
Planning Services with the final plan application that all proposed street
names and lot addresses have been submitted to the Post Office for review.
The final plan applications shall include copies of the proposed street names
and lot addresses for review by all referral agencies.
5. 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 Improvements Agreements According to Policy
Regarding Collateral for Improvements. These agreements shall be
approved by the Board of County Commissioners.
C. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
D. The applicant shall submit a copy of a finalized Water Service Agreement
between the applicant and 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 Export files format type is.e00. The preferred format
for Images is .tif(Group 4) ... (Group 6 is not acceptable).
6. At time of building permit:
A. Coal beds in the Laramie Formation could de-gas over time if they are
penetrated and exposed by a house foundation. Venting systems shall be
built into all of the foundations to account for all potential radiation and
coal-gas exposures, or an engineer will be required to monitor foundation
excavations. If coal is not encountered,venting may not be needed. Should
the homeowner not build a venting system, a letter from a professional
2005-0638
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engineer shall be submitted to the Department of Building Inspection
indicating that coal was not encountered and the venting is not necessary.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
/J�e.��q���,.J/�/ ////,J/ /� WELD COUNTY, COLORADO
William . Jerke, Chair
y Clerk to the Board
s6i @ys l Q .✓
. eile, Hro-Tem Cat0 ,y--- Deputy Clerk to the Boar -- EXCUSED
_ - David E. Long
AP O ED AS T ORM: EXCUSED
Robe D. Masd n
linty Attorney "r slag/ i&_
�, r //�� Glenn Vaad
Date of signature: _-SL' s
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