HomeMy WebLinkAbout20042082.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #604 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - DARREL ADOLF AND
DELMER ZIEGLER
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 18th day of August,2004,at 10:00 a.m.for the
purpose of hearing the application of Darrel Adolf and Delmer Ziegler,3800 East County Road 60,
Wellington,Colorado 80549,requesting a Change of Zone from the A(Agricultural)Zone District to
the PUD(Planned Unit Development)Zone District for six(6)residential lots and one(1)agricultural
outlot, for a parcel of land located on the following described real estate, to-wit:
Lot C of Recorded Exemption#2940; being part of the
NE1/4 of Section 29, Township 9 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Michael Chalona, Land Images, Inc., 1136
East Stuart Street, Building 2, Suite 2040, Fort Collins, Colorado 80525, 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),Chapter24(Subdivision),and Chapter 26(Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement, nor is it within the three-mile referral
area for any municipality. The site is within the three-mile referral area for
Larimer County. In a referral dated October 28, 2003, Larimer County
indicated no conflict with the proposal. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.B.1 (P.Goal 2)states, "Require adequate facilities
and services to assure the health,safety,and general welfare of the
present and future residents of the County." The proposed PUD will
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CHANGE OF ZONE #604 FROM A (AGRICULTURAL) TO PUD - DARREL ADOLF AND
DELMER ZIEGLER
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be serviced by individual wells, and sewage disposal systems will
handle the effluent flow. In a referral dated May 26, 2004,the Weld
County Department of Public Health and Environment indicated the
application has satisfied Chapter 27 of the Weld County Code in
regard to sewer service. The referral response dated May 20,2004,
from the State of Colorado, Division of Water Resources, indicated
the water supply has been reviewed as a cluster development. The
Division indicated the three existing well permits can be canceled and
six new well permits may be issued in accordance with
Section 27-92-602, C.R.S., which addresses wells in cluster
developments.
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.
1) 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 PUDs of nine (9) lots or less located in
nonurban areas as defined in Chapter 22 of the Weld County Code,
when the PUD is not located within close proximity to other PUDS,
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." The applicant is proposing gravel;however,
in a referral dated October 23,2003,the Department of Public Works
indicated that the internal roadway right-of-way should be 60 feet in
width, including cul-de-sacs with a minimum 65-foot radius, and
dedicated to the public. The typical roadway cross-section should be
two, twelve-foot paved lanes with four-foot gravel shoulders. The
cul-de-sac edge of pavement radius should be 50 feet minimum.
2) Section 27-2-55, Cluster PUD — In order to avoid the cost of an
augmentation plan for the water supply,the applicant has requested
that the State Division of Water Resources review the water supply
as a cluster. The proposal will create single-family residential
parcels less than thirty-five (35) acres each. The Conditions of
Approval ensure that the applicant will meet the criteria of a Cluster
PUD, including the requirement that at least two-thirds of the total
area of the tract will be reserved for forty (40)years for agricultural
purposes. Further,the density of the PUD does not exceed two(2)
residential units for each thirty-five (35) acres.
3) 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.
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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 influenced by an Intergovernmental
Agreement, nor is the site within the three-mile referral area for any
municipality. The site is within the three-mile referral area for Larimer
County. In a referral dated October 28, 2003, Larimer County indicated no
conflict with the proposal.
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.
As previously stated, the Weld County Department of Public Health and
Environment has indicated that the application has satisfied Chapter 27 of
the Weld County Code in regard to sewer service. The State of Colorado,
Division of Water Resources, has reviewed the water supply as a cluster
development and has indicated that the three existing well permits can be
canceled and six new well permits may be issued in accordance with
Section 27-92-602,C.R.S.,which addresses wells in cluster developments.
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 April 13,2004,the Weld County Department
of Public Works has required that the applicant enter into an agreement with
the County to proportionately share the cost of improving Weld County
Road 17.
f. Section 27-6-120.D.5.f-An Off-site Road Improvements Agreement and an
On-site Improvements Agreement proposal are in compliance with
Chapter 24 of the Weld County Code,and a Road Improvements Agreement
is complete and has been submitted, if applicable. The Conditions of
approval ensure that the applicant will complete an On-site (Private)
Improvements Agreement and an agreement to proportionately share the
cost of improving Weld County Road 17.
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 application included a Preliminary Geotechnical
Subsurface Exploration Report produced by Earth Engineering Consultants,
Inc., dated June 22, 2001. The Conditions of Approval ensure that
development on the site will follow the recommendations contained in the
Report regarding septic systems, foundations, and pavement.
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h. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s), uses, and the Specific or Conceptual Development Guide. The
Department of Planning Services recommends that the Final Plan be
reviewed by the Board of County Commissioners.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Darrel Adolf and Delmer Ziegler fora Change of Zone from
the A(Agricultural)Zone District to a PUD(Planned Unit Development)Zone District on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. All sheets of the Change of Zone plat shall be labeled Antelope Estates
Cluster PUD, PZ-604.
B. Weld County Road 17 is classified by the County as a local road and
requires 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 17 is gravel.
C. Weld County Road 102 is classified by the County as a local road and
requires 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 102 is gravel.
D. Section 27-10-20.6 (Cluster PUD standards) of the Weld County Code
states, "The outlot shall be restricted to operations and be free from
development for any other uses for a period of forty(40)years from the date
of final approval. The applicant shall submit proposed documentation
ensuring that the outlot meets this restriction to the Weld County Attorney's
Office. Evidence of approval by the County Attorney's Office shall be
submitted to the Department of Planning Services.
E. The plat shall be amended as follows:
1) The internal roadway right-of-way shall be 60 feet in width, including
cul-de-sacs with a minimum 65-foot radius, and dedicated to the
public. The typical roadway cross-section should be shown as two,
twelve-foot travel lanes with four-foot gravel shoulders on the Change
of Zone plat. The cul-de-sac edge of pavement radius shall be 50
feet minimum. Stop signs and street name signs will be required at
all intersections. The applicant must resubmit the Change of Zone
plat with an appropriate cross-section shown.
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2) Intersection sight distance triangles at development entrances shall
be shown on the resubmitted Change of Zone plat. All landscaping
within the triangles must be less than 3.5 feet in height at maturity,
and noted on the final roadway plans.
3) The plat shall include Weld County's Right to Farm Statement as
shown on Chapter 22, Appendix 22-E, of the Weld County Code.
4) The entry sign shall be located outside of the site distance triangles
and utility easement.
F. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following and that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. Change of Zone #604 is from A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District for six(6)residential lots and one
(1)agricultural outlot as indicated in the application materials on file in the
Department of Planning Services. Lots 1 through 6 will adhere to the uses
allowed in the E (Estate)Zone District. The Outlot will adhere to the uses
allowed in the A(Agricultural)Zone District except no residential structures
shall be allowed. The PUD will be subject to, and governed by, the
Conditions of Approval stated hereon and all applicable Weld County
regulations.
B. Approval of this Change of Zone does not guarantee issuance of a well
permit. The Division of Water Resources has indicated that it will not
guarantee issuance of any well permit prior to a completed review of a well
application. Future property owners should ensure that an adequate water
supply is available prior to purchasing a lot.
C. The 80.28-acre Agricultural Outlot/Common Open Space is prohibited from
residential development fora period of forty(40)years from the date the final
plan is approved.
D. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
E. 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.
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F. Weld County's Right to Farm as delineated on this plat shall be recognized
at all times.
G. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways not maintained or adopted by the County.
H. Water service shall be obtained from six (6) individual wells.
This subdivision 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. Septic systems shall be designed for site-specific conditions
including, but not limited to, shallow groundwater, bedrock, gravel and/or
clay.
J. Primary and secondary septic envelopes on each lot must meet all setbacks,
including the setback to a potable water supply line.
K. Activities such as permanent landscaping, structures, dirt mounds, animal
husbandry activities, or other activities that would interfere with the
construction, maintenance,or function of the fields should be restricted over
the absorption field areas while in use.
L. 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.
M. 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 Health Department,a Fugitive
Dust Control Plan must be submitted.
N. 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.
O. 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.
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P. Building Permits shall be obtained prior to the construction of any building or
structure. Building Permits are also required for signs and structures such
as bus shelters if provided.
Q. 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.
R. 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.
S. 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.
T. Building height,wall and opening protection,and separation of buildings with
mixed uses shall be in accordance with the Building and/or Residential Code
in effect at the time of permit application. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code.
U. Building height shall be measured in accordance with the applicable Building
Code for the purpose of determining the maximum building size and height
for various uses and types of construction and to determine compliance with
the Bulk Requirements from Chapter23 of the Weld County Code. Building
height shall be measured in accordance with Chapter23 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.
V. 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.
W. Development on the site shall follow the recommendations made in the
Preliminary Geotechnical Subsurface Exploration report from Earth
Engineering Consultants, Inc., dated June 22, 2001.
X. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
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Y. Effective June 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.
Z. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
AA. Weld County 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 Conditions of Approval stated herein and all applicable Weld
County regulations.
BB. 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.
CC. No development activity shall commence on the property, nor shall any
Building Permits be issued, until the Final Plan has been approved and
recorded.
DD. 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 two(2)years of the date
of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submission of the PUD Final Plan. The Board may extend the date for the
submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board
determines that conditions or statements made supporting the original
approval of the PUD Zone District have changed, or that the landowner
cannot implement the PUD Final Plan,the Board of County Commissioners
may, at a public hearing, revoke the PUD Zone District and order the
recorded PUD Zone District reverted to the original Zone District.
EE. 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).
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4. At the time of Final Plan submission:
A. The applicant shall provide a bus/mail pullout. Weld County School
District RE-9 and the applicable Post Office shall be contacted regarding a
bus/mail pullout. The applicant shall provide the Department of Planning
Services with written documentation indicating the design standards and
delivery requirements of the School District and Post Office have been met.
School buses will not be allowed to park on Weld County Road 17, and
residents should not have to cross the County roadway to obtain their mail.
B. 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 Department
of Public Works and shall be approved by the Board of County
Commissioners prior to recording the final plat.
C. The applicant shall submit stamped, signed, and dated final plat drawings
and roadway/construction and grading plan drawings to the Department of
Public Works 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 Subdivision Final Plat submitted shall contain the
original signatures and seals of all parties required."
D. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
E. Easements shall be shown on the final plat in accordance with County
standards and/or Utility Board recommendations.
F. This six-lot development will introduce approximately 57 additional vehicle
trips per day 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 improving Weld County Road 17. The cost will be based
on a proportion of the traffic generated by the development to existing traffic.
The applicant shall submit a proposed Off-site Agreement with the Final Plan
application.
G. The Final Drainage Report for Antelope Estates PUD,dated June 25,2003,
by Northern Engineering Services, Inc., in its initial form is acceptable. The
report assumed a graveled interior roadway. Should the applicant's request
for a paving waiver be denied, a revised Final Drainage Report will be
required with the final plat application materials.
H. 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
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and side lot line swales shall be considered. Building envelopes must be
planned to avoid stormwater flows, while taking into account adjacent
drainage mitigation.
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.
J. The applicant shall submit covenants for Antelope Estates for review and
approval. The Covenants should include plans to maintain the entrance sign
and maintain roadways during inclement weather conditions for emergency
vehicles. Further, the covenants shall state that activities such as
permanent landscaping,structures,dirt mounds,animal husbandry activities,
or other activities that would interfere with the construction, maintenance,or
function of the fields should be restricted over the absorption field areas while
in use.
K. The applicant shall submit preliminary paperwork for incorporation of the
Homeowners' Association for review and approval.
L. 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 reviewed by the appropriate Post
Office.
M. The applicant shall include a copy of the proposed street name and
addresses with the Final Plat application forms for review and approval by
referral agencies.
N. The Weld County Sheriffs Office has requested a sign be placed at the
entrance to the subdivision detailing the name of the subdivision and
addresses. 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. The
applicant shall submit a set of sign standards as required by
Section 27-6-90.E.1 of the Weld County Code for review and approval.
5. Prior to recording the final plat:
A. The applicant shall submit evidence that a cash-in-lieu of land dedication fee
of$759 per lot has been paid to the Highland School District RE-9.
B. The applicant shall enter into an agreement with the County to proportionately
share the cost of improving Weld County Road 17.
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C. The applicant shall enter into an Improvements Agreements According to
Policy Regarding Collateral for Improvements. These agreements shall be
approved by the Board of County Commissioners.
D. Finalized Covenants, Homeowners'Association incorporation paperwork,
and the appropriate recording fee(currently$6 for the first page and $5 for
all others) shall be submitted to the Weld County Department of Planning
Services for recording at the Weld County Clerk and Recorders Office.
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).
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
I �
WEUNTY, COLORADO
464, Robert D. Masden, Chair
I r'„r��., o %lerk to the Board
( ���,a _ r
:
William H. ke, Pro-Tem
®( ^v e."Clerk to the Board
M. J. a ei
APP AST eu 6 �
David E. Long
duntyAtAtor y
Glenn Vaad
Date of signature: _
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