HomeMy WebLinkAbout20042593.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #547 FROM A (AGRICULTURAL) ZONE DISTRICT TO
E(ESTATE)ZONE DISTRICT-OLANDO, LLC,C/O ED ORR AND TAMMY ELLERMAN
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 29th day of September, 2004, at 10:00 a.m.
for the purpose of hearing the application of Olando,LLC,do Ed Orr and Tammy Ellerman,826 9th
Street,Greeley,Colorado 80631, requesting a Change of Zone from the A(Agricultural)Zone District
to the E (Estate)Zone District for a nine(9)lot Minor Subdivision for a parcel of land located on the
following described real estate, to-wit:
Lot B of Recorded Exemption#2016; being part of the
SE1/4 of Section 16, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Todd Hodges,Todd Hodges Design, LLC,
1269 North Cleveland Avenue, Loveland, Colorado 80537, and
WHEREAS,Section 23-2-40 of the Weld County Code provides standards for review of such
a 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 recommendation 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 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.6 of the Weld County Code as
follows:
a. Section 23-2-40.6.1 -- The proposal is consistent with the policies of
Chapter 22 of the Weld County.
1) Section 22-2-190.A(R.Goal 1)states,"Ensure that adequate public
services and facilities are currently available or reasonably obtainable
to serve the residential development." The site will be serviced by the
North Weld County Water District and individual sewage disposal
systems as previously discussed.
2) Section 22-2-190.6.3 (R.Policy 2.3) states, "New residential
development should demonstrate compatibility with existing
surrounding land use in terms of general use, building height,scale,
density,traffic,dust and noise." The applicant will provide Covenants
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CHANGE OF ZONE (MZ#547) - OLANDO, LLC, CIO ED ORR AND TAMMY ELLERMAN
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as part of the Final Plan application which will mitigate these specific
issues.
3) Section 22-2-190.G (R.Goal 7) states, "The compatibility between
new residential development and existing surrounding land uses will
be considered." Amended Use by Special Review Permit#820 for
an Agricultural Service Establishment and Livestock Confinement
Operation (3,600-head dairy) was approved by the Board on
March 28, 2001, and it is located within one mile of the subject site.
The applicant has demonstrated that there are other areas in Weld
County where livestock confinement operations coexist with
residential development and that the two uses can be compatible.
b. Section 23-2-40.6.2 -- The uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses. The Right to Farm statement is required to appear
on the recorded Change of Zone plat which informs new residents to the
proposed subdivision that the surrounding community is agricultural in
nature. Granting this Change of Zone will have a minimal impact on the
surrounding land uses which are primarily rural residential.
c. Section 23-2-40.6.3 -- Adequate water and sewer service can be made
available to serve the site. The applicant has entered into an agreement with
the North Weld County Water District for the extension of an eight-inch water
line to the development, which will be adequate for domestic use and fire
flows. The minimum proposed lot size(5.14 acres),coupled with an overall
density of one septic system per 8.14 acres, meets the current Department
policy. Preliminarygeotechnical information and percolation test data,dated
May 21,2004,from Terracon,was submitted to the Department for review.
This preliminary data indicates percolation results are acceptable,and that
shallow bedrock was identified on the property. This may require some
septic systems to be mounded. Because of the large lots sizes and the
probability of conventional septic systems,the Department is not requiring
primary and secondary septic envelopes on the lots. However, all septic
systems must meet all setbacks, including the 100-foot setback to a well and
surface body of water.
d. Section 23-2-40.B.4 -- Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed Zone
District. The site will be accessed from State Highway 392. The internal
road will be paved and shall be 60 feet in width, including cul-de-sacs with a
65-foot radius,and dedicated to the public. The applicant will be required to
enter into an Improvements Agreement According to Policy Regarding
Collateral for Improvements (Public Road Maintenance) approved by the
Board of Commissioners prior to recording the Final plat.
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Olando, LLC, c/o Ed Orr and Tammy Ellerman, for a
Change of Zone from the A(Agricultural)Zone District to the E(Estate)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 Change of Zone plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled MZ-547.
2) State Highway 392 right-of-way shall be shown as seventy-five(75)
feet from the centerline.
3) Access to State Highway 392 will require compliance with the
existing permit from the Colorado Department of Transportation
(CDOT), including: rights-of-way, reservations, improvements,and
future expansion. The State Highway right-of-way shall be clearly
identified or labeled on the Change of Zone plat.
4) In a referral dated June 4, 2004, Platte Valley School District RE-7
indicated that a 100-foot turn around area near Highway 392 should
be designated for safe pickup and drop off of students. The plat shall
be amended to meet the District's requirements. Evidence of School
District approval shall be submitted to the Department of Planning
Services.
5) The applicant shall submit written evidence from the Postal Service
indicating that delivery will be to individual lots. If a community box is
required,the plat shall be amended to include a pull off area outside
of the road right-of-way. The pull off area will be reviewed by the
Departments of Planning Services and Public Works and the
Colorado Department of Transportation, if applicable, to determine
adequacy prior to approval.
6) The 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 roadway section of the interior roadway should 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 pavement radius shall be 50
feet. Stop signs and street name signs will be required at all
intersections.
7) The applicant shall indicate the location of the proposed subdivision
sign. The sign should be located on property to be owned and
maintained by the Homeowners' Association, outside of the sight
distance triangle.
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8) The applicant shall indicate the required setback from the existing
well head located on Lot 1 in accordance with Section 23-3-440.L of
the Weld County Code.
B. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon
approval of the paper copies, the applicant shall submit a Mylar plat and 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). The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by the Department of Planning
Services. The Mylar plat and additional requirements shall be submitted
within thirty(30)days from the date of the Board of County Commissioners
approval. The applicant shall be responsible for paying the recording fee.
C. OG.Policy 1.1 of the Weld Comprehensive Plan states, "new Planned Unit
Developments or Subdivisions should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas
development can reasonably be anticipated." Application materials include
a letter from Petroleum Development Corporation stating that its does not
object to the development. However, no comments were included from the
remaining mineral lessees and owners. The applicant shall either provide
the Weld County Department of Planning Services with a copy of an
agreement with the property's mineral owners and lessees stipulating that
the oil and gas activities have adequately been incorporated into the design
of the site, or indicate the 400-foot by 400-foot and the 800-foot by 800-foot
drilling envelope locations per State statute.
D. County records indicate that Owl Creek is an active ditch. The applicant
shall contact the ditch company. Either a copy of an agreement with the
ditch owner, stipulating that the ditch activities have adequately been
incorporated into the design of the site, shall be submitted to the Weld
County Department of Planning Services, or the applicant shall show
evidence that an adequate attempt has been made to mitigate their
concerns.
2. The Change of Zone is conditional upon the following and each shall be placed on
the Change of Zone plat as notes, prior to recording:
A. The Change of Zone allows for E(Estate)Zone uses and shall comply with
the E (Estate)Zone District requirements as set forth in Chapter 23 of the
Weld County Code. The Minor Subdivision shall consist of nine (9)
residential lots.
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B. Water service shall be obtained from the North Weld County Water District.
C. A Weld County septic permit is required for each proposed septic system,
which shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. Each septic system shall be
designed for site-specific conditions including, but not limited to, maximum
seasonal high groundwater, poor soils, and shallow bedrock.
D. If required, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
E. 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.
F. 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.
G. 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.
H. The access located at the southwest corner of the site is exclusively for
accessing of the oil and gas structures located on the site. The access shall
be removed upon completion of oil and gas production.
Weld County's Right to Farm, as stated on this plat, shall be recognized at
all times.
J. The site shall maintain compliance at all times with the requirements of Weld
County Government.
K. Weld County Government personnel shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out
on the property comply with the Development Standards stated herein and
all applicable Weld County regulations.
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L. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
M. 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 along with the
enforcement of covenants.
N. No development activity shall commence, nor shall any Building Permits be
issued, until the Final Plan has been approved and recorded.
O. Building Permits shall be obtained prior to the construction of any building.
P. A plan review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
Q. 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 Building Code;2003 International Mechanical Code;2003
International Plumbing Code;2002 National Electrical Code,and Chapter 29
of the Weld County Code.
R. 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.
S. Building height shall be limited to the maximum height allowed per
International Building Code Table 503. Wall and opening protection and
limitations shall be in accordance with International Building Code Table 503.
Separation of buildings of mixed occupancy classifications shall be in
accordance with International Building Code Table 302.3.2 and Chapter 3.
Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
T. Building height shall be measured in accordance with the 2004 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld County
Code. Building height shall be measured in accordance with Chapter 23 of
the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to
the farthest projection from the building.
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U. All landscaping within the sight distance triangles must be less than 3.5 feet
in height at maturity.
V. The Weld County Sheriffs Office has limited traffic enforcement powers
within subdivisions where the roadways are not maintained or adopted by the
County.
W. 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.
3. At the time of Final Plat:
A. Prior to recording the final plat,the applicant shall provide written evidence
from Platte Valley School District RE-7 which indicates that the$750 per lot
cash-in-lieu fee has been paid.
B. Prior to recording the final plat, the applicant shall submit a signed Water
Service Agreement with the North Weld County Water District.
C. Prior to submitting the final plan application, the applicant shall contact the
Weld County Department of Building Inspection to obtain preliminary
addresses for the lots.
D. Prior to submitting the final plan application,the applicant shall contact the
appropriate postal service for review of the preliminary addresses and street
name. Evidence of review by the Postal Service shall be submitted to the
Department of Planning Services.
E. The Final Plan application packets shall include copies of the preliminary
addresses and street name for review by the appropriate referral agencies.
F. The Weld County Sheriffs Office has indicated that the entrance sign should
include a detail of the subdivision and addresses. The Final Plan application
shall include a detail of the sign which addresses the concerns of the
Sheriffs Office.
G. 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 plan.
H. With the Final Plan application,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. This is consistent with
Section 24-3-50 of the Weld County Code which states, "The minor
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subdivision final plat submitted shall contain the original signatures and seals
of all parties required."
Stop signs and street name sign locations must be shown on the final
roadway construction plans. Stop signs and street name signs will be
required at State Highway 392.
J. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral For Improvements(Public Road Maintenance)with the
final plan application. This agreement must be reviewed by the Departments
of Public Works and Planning Services and shall be approved by the Board
of County Commissioners prior to recording the final plat.
K. The applicant shall submit covenants for Owl Creek Estates. The covenants
shall be approved by the Weld County Attorney's Office prior to recording the
final plat.
L. The applicant shall submit paperwork regarding the incorporation of the
Homeowners'Association. The paperwork shall be approved by the Weld
County Attorney's Office prior to recording the final plat.
M. The Final Drainage and Erosion Control Report for Owl Creek Estates,dated
May 21,2004,by North Star Design,must be revised and resubmitted to the
Department of Public Works. The engineer must address a larger off-site
tributary watershed area showing the'big picture'drainage surrounding the
proposed development. The engineer shall discuss a possible flood hazard
of Owl Creek, especially the inundation area along the creek caused by a
100-year storm, since the creek crosses State Highway 392. The State
Highway may restrict the flows of Owl Creek during a major storm event.
(There may be areas of lots that adjoin Owl Creek,which are not suitable for
building.) The engineer shall specifically research and document the
100-year storm, and the over-topping event of Howards Lake. There does
not appear to be any consideration for an over-topping event of the lake and
the potential damaging effect on residential homes downstream.
N. 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.
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O. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage at final plan. 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.
P. 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.
Q. Easements shall be shown in accordance with County standards and/or
Coordinated Utilities Advisory Board recommendations on the final plat.
R. Prior to recording the final plat, the applicant shall submit a digital file of all
drawings associated with the Final Plan application. Acceptable CAD
formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are
.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not
acceptable).
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COU TY, COL RADO
�( Robert D. Masden, Chair
elk n `lerk to the Board ��
1861 ff
>�1, William H. e, Pro-Tem
O .• e'lerk to the Board — .Et _per
� M. J. eile
A D AS TO •
AEXCUSED
David E. Long
un y Attortiey
Glenn Vaa
Date of signature: —I'I
2004-2593
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