HomeMy WebLinkAbout20043337.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#1050 FROM A(AGRICULTURAL ONE TRICT TO
PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT-PAN TURK FARMS,
INC.
WHEREAS,the Board of County Commissioners of ,Color ,pursuant
Colorado statute and the Weld County Home Rule Charter, veste • th uthorit of
administering the affairs of Weld County,Colorado nd
WHEREAS,a public hearing was held o e 15th day of Decemb 2004,at 10:00 a.m.for
the purpose of hearing the application of P a Turkey Farms,Inc.P. Box 22253,Denver,
Colorado 80222,requesting a Change of Z e fro e A(Agricultural Zon District to the PUD
(Planned Unit Development)Zone Distri for nine( is with E tate)Zone uses;one(1)
common open space outlot,and tw (2)agricultural outl for a rcel of land located on the
following described real estate,to- t:
Part of the N 1/4 of Section 36,Town ip 5 North,
Range 65 est of the 6th P.M., Id County,
Colorado
WHEREAS,th applicant s represented by To Hodges,Todd Hodges Design,LLC,
1269 North Clevelan Avenue,Lov and,Colorado 80 7,and
WHERE S, ection 27-6- he Weld C my Code provides standards for review of
said Change o on a
WH EAS,the Board of County C missioners heard all the testimony and statements
of those pr ent,studied the request of the a licant and the recommendations of the Weld County
Planning ommission and, aving been full informed,finds that this request shall be approved for
the folio ing reasons:
1. The app ant has plied with all the application requirements listed in
tion -5-30 of the Weld County Code.
2. The est is in complianc ith Section 27-6-120.D as follows:
a. Sec 27-6-12 .5.a -- The proposal is consistent with any
Intergo rnment Agreement in effect influencing the PUD and Chapter 19
(Coordin d P nning Agreements),Chapter 22(Comprehensive Plan),
Chapter23 ing),Chapter24(Subdivision),and Chapter26(Mixed Use
Development)of the Weld County Code.The proposed site is not influenced
• -- rnmental Agreement and is outside of the Mixed Use
Development Area (MUD). The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit
Development,which includes a residential use,should provide
common open space free of buildings,streets,driveways,or parking
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CHANGE OF ZONE#1050 FROM A(AGRICULTURAL)TO PUD-P AND A TURKEY FARMS,INC.
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areas. The common open space should be designed and located to
be easily accessible to all the residents of the project and usable for
open space and recreation. Some Planned Unit Developments may
not require common open space depending on their type,density,or
other factors. The proposed development is not required to have
open space per Section 27-2-140; however, the applicant has
included 6.611 acres of open space in the form of a detention pond
and have dedicated 101.1 acres into a conservation easement.
2) Section 22-2-210.D.3.(PUD.Policy 4.3.)— Conservation of natural
site features such as topography, vegetation, and water courses
should be considered in the project design. In the referral received
October 20, 2003, for the Sketch Plan, the Farmers Reservoir and
Irrigation Company stated that it had five concerns:drainage into the
canal,they would like a maintenance road on both sides of the canal,
groundwater into basements, crossing agreement, and the right to
farm understanding. The applicant has entered into a Right-of-way
Easement and License Agreement per reception number 3044497
in order to cross the Gilmore Canal. The Department of Planning
Services is requesting that the Right to Farm note be placed on the
plat. The attached Conditions of Approval address the remaining
concerns of the Farmers Reservoir and Irrigation Company.
3) 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 residential lots will
be serviced by the Central Weld County Water District. Four (4)
shares of The Farmers Reservoir and Irrigation Company will be
used to irrigate Outlots B and C.
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 -The applicant has agreed to
pave the internal road to County standards.
2) Section 27-2-40, Bulk requirements—The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District,
except for the number of animal units,and the ability to have carriage
estates.
3) Section 27-2-76, Conservation Easement — The applicant has
entered 101.1 acres(Outlots B and C)into a conservation easement
with the Colorado Open Lands Corporation to ensure the protection
and viability of the area.
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4) The applicant has met the remaining Performance Standards as
delineated in Section 27-2-10. The Conditions of Approval ensure
compliance with Sections 27-2-20 through 27-2-210 of the Weld
County Code.
c. Section 27-6-120.D.5.c -- The uses which will be permitted will be
compatible with the existing or future development of the surrounding area
as permitted by the existing zoning, and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed site is not influenced by an
Intergovernmental Agreement. The proposed development is located within
the three-mile referral area for the City of Evans, City of Garden City,Town
of Kersey, and the Town of LaSalle, all of which indicated no conflicts with
their interests.
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.
The residential lots will be serviced by the Central Weld County Water
District. Four(4)shares of The Farmers Reservoir and Irrigation Company
will be used to irrigate Outlots B and C. The Weld County Attorney's Office
has indicated that the agreements submitted by the applicant are adequate
for the Change of Zone. The Weld County Department of Public Health and
Environment has indicated,in a referral response dated September 15,2004,
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. The Weld County Department of Public Works has reviewed
the interior roadway and has required the applicant to comply with the PUD
requirements per Section 27-2-20 of the Weld County Code. The
Department of Public Works has required the local residential road
right-of-way to be 60 feet in width, including cul-de-sacs with a 65-foot
radius, and dedicated to the public. A typical section shall be shown on the
Change of Zone plat. The typical local roadway section shall be shown as
two 12-foot paved lanes with two 4-foot gravel shoulders. The cul-de-sac
edge of pavement radius shall be 50 feet. The Department of Public Works
has not required sidewalk, curb, or gutter for this development.
The Department of Public Works is requiring a 65-foot right-of-way
reservation for Weld County Road 49 to be dedicated on the final plat. Weld
County Road 49 is classified by the County as a rural area arterial and
requires a 130-foot right-of-way. Weld County Road 49 serving this
development is paved.
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The Department of Public Works is requiring a 30-foot right-of-way for Weld
County Road 52 to be dedicated on the final plat. Weld County Road 52 is
classified by the County as a local gravel road and requires a 60-foot
right-of-way. Weld County Road 52 serving this development is gravel.
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. The Weld County Departments of
Public Works and Planning Services have required an Improvements
Agreement in accordance with Section 27-6-120.6.f of the Weld County
Code for improvements to Ridgeview PUD for all on-site and off-site
improvements 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 applicants have entered into an Avigation Easement with
the Greeley/Weld County Airport Authority(reception#3205455)because
the proposed development is within the approach path of the airport.
According to the application, there are three known mineral interests; the
State of Colorado, Prima Oil and Gas Company, and Patina Oil and Gas
Corporation. In a letter dated September 17, 2004, Patina Oil and Gas
Corporation stated it has no concerns with the proposed development. The
Department of Planning Services has not received any correspondence from
the State of Colorado or Prima Oil and Gas Company regarding the
proposed development. The Conditions of Approval will ensure that all future
structures will meet the appropriate setbacks.
h. Section 27-6-120.D.5.h --Consistency exists between the proposed zone
district(s), uses, and the Specific Development Guide. The submitted
Specific Development Guide does accurately reflect the Performance
Standards and allowed uses described in the proposed Zone District, as
described previously. The applicant is requesting that the Final Plan be
administratively reviewed. The Department of Planning Services and Board
of Commissioners is in agreement with this request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of P and A Turkey Farms,Inc.for a Change of Zone from the
A(Agricultural)Zone District to a PUD(Planned Unit Development)Zone District for nine(9)lots with
E(Estate)Zone uses;one(1)common open space outlot, and two(2)agricultural outlots, 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:
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1) All sheets of the plat shall be labeled PZ-1050.
2) The internal roads shall address all issues indicated in the Weld
County Department of Public Works referral dated September 20,
2004. Written evidence of their approval shall be submitted to the
Department of Planning Services.
3) The applicants representative has indicated that Outlot A will be used
as a drainage detention for the development,therefore,the plat shall
be amended to show a detention pond in Outlot A.
B. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
C. The applicant shall address the remaining requirements and concerns of The
Farmers Reservoir and Irrigation Company, as stated in the referral
response received October 20, 2003. In their referral The Farmers
Reservoir and Irrigation Company indicated it would like a 20-foot minimum
width maintenance road on both sides of the ditch. The applicant shall
submit written evidence to the Department of Planning Services that the road
is within the ditch right-of-way, an agreement has been made with The
Farmers Reservoir and Irrigation Company, or evidence that an adequate
attempt has been made to mitigate their concerns.
D. The existing septic system (currently not known to be permitted) must be
properly abandoned in accordance with Section 30-4-20(D)as a part of this
development,or the existing septic system will require an I.S.D.S.evaluation
prior to the issuance of the required septic permit (recorded Statement of
Existing). Written evidence from the Department of Public Health and
Environment showing the applicant has met their requirements shall be
submitted to the Department of Planning Services.
E. 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).
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. Change of Zone, PZ-1050, is from the A (Agricultural)Zone District to the
PUD (Planned Unit Development) Zone District, consisting of nine (9)
residential lots with E (Estate) Zone uses; one (1) common open space
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outlot(6.611 acres),and two(2)agricultural outlots(101.106 acres). The E
(Estate) Zone uses shall comply with the E (Estate) Zone District
requirements as set forth in Chapter 23 of the Weld County Code,except for
animal units and carriage estates,as stated in the development standards.
B. The intent and use of the carriage estates within the proposed development
is to be consistent with the definition of auxiliary quarters in Section 23-1-90
of the Weld County Code, with the exception of the 2.5-acre minimum lot
size.
C. There may be a combination of cats and dogs not to exceed three animals
on each lot.
D. Each lot shall have no more than one animal unit. Each of the following shall
comprise one"animal unit":two horses,one burro,one mule,one cow,three
llamas,six alpacas,six rabbits or ten chickens(no roosters). A combination
of animals is allowed as long as the total animal units does not exceed one
animal unit per lot.
E. A maximum of two (2)offspring, up to six(6)months old,shall be excluded
from the calculation for animal unit.
F. No swine, sheep, or goats shall be allowed unless approved by the
Homeowners'Association, specific to 4-H projects. The number of swine,
sheep, or goats shall never exceed four of any combination per lot.
G. Water service shall be obtained from the Central Weld County Water
District.
H. This subdivision is in rural Weld County and is not served by a municipal
sanitary sewer system. Sewage disposal shall be by septic systems
designed in accordance with the regulations of the Colorado Department of
Public Health and Environment,Water Quality Control Division,and the Weld
County Code in effect at the time of construction, repair, replacement, or
modification of the system.
Primary and secondary septic envelopes shall be placed on each lot. Each
envelope must meet all setback requirements.
J. Activities such as permanent landscaping,structures,dirt mounds,or other
items are expressly prohibited in the absorption field site.
K. 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.
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L. 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.
M. 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.
N. 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.
O. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity,and noted on the Landscape Plan. The bus stop bench
and mailboxes must be located outside of the sight distance triangles.
P. Weld County's Right to Farm shall be recognized at all times.
Q. The site shall maintain compliance at all times with the requirements of Weld
County Government.
R. Personnel from the Weld County Government 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.
S. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
T. 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.
U. Appropriate Building Permits shall be obtained prior to any construction of
structures or excavation.
V. No development activity shall commence on the property, nor shall any
building permits be issued on the property until the final plan has been
approved and recorded.
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W. 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.
X. 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.
Y. 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.
Z. 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 the Weld County Code.
AA. 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. Offset and setback requirements 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.
BB. No development activity shall commence,nor shall any Building Permits be
issued on the property,until the Final Plan has been approved and recorded.
CC. The applicant 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
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.
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DD. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. At the time of Final Plan:
A. Prior to recording the final plat,the applicant shall provide written evidence
from Weld County School District RE-7 which indicates that all District
requirements have been met.
B. The applicant shall submit an Improvement Agreement regarding collateral
for all improvements to the PUD for acceptance by the Board of County
Commissioners prior to recording the final plat.
C. The applicant shall submit Covenants for the Ridgeview PUD. The
Covenants shall include the following number of animal units and language
for the protection of septic envelopes, activities such as landscaping (i.e.
planting of trees and shrubs)and construction (i.e. auxiliary structures, dirt
mounds,etc.)are expressly prohibited in the designated absorption field site.
The Covenants shall be approved by the Weld County Attorney's Office prior
to recording the final plat. Original copies of the approved Covenants and
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.
D. The right-of-way for the internal roadway shall be dedicated to the County.
E. The applicant shall enter into an agreement with Weld County to
proportionally share the cost of improvements to the County Roads. The
applicant shall submit a proposed agreement with the final plat application.
F. The applicant shall submit to the Department of Planning Services evidence
of review for the preliminary addresses and street name from the Postal
Service, Fire District, and Sheriffs Office.
G. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity,and noted on the Landscape Plan. The bus stop bench
and mailboxes must be outside the sight distance triangles.
H. Roadway and grading plans, along with details, must be approved prior to
recording the final plat. Indicate Stop signs and street names on final
roadway plans.
Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Board recommendations on the final plat.
J. The applicant shall provide a pavement design prepared by a professional
engineer along with the final plat submittal.
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K. A final drainage report and construction plans, conforming to the drainage
report, shall be approved prior to recording final plat.
L. The applicant shall address the remaining requirements and concerns of the
Weld County Sheriff's Office, as stated in the referral response dated
September 14, 2004, and October 20, 2003.
M. The applicant shall address the remaining requirements and concerns of The
Farmers Reservoir and Irrigation Company, as stated in the referral
response received October20,2003. In the referral The Farmers Reservoir
and Irrigation Company indicated it would like no drainage into the ditch. The
applicants shall submit written evidence to the Department of Planning
Services that an agreement has been made with the Farmers Reservoir and
Irrigation Company or evidence that an adequate attempt has been made to
mitigate their concerns shall be submitted to the Department of Planning
Services.
N. 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 15th day of December, A.D., 2004.
���_ BOARD OF COUNTY COMMISSIONERS
,i`,` / �` W D OUNTY��Cn ORADO
Robert D. Masden, Chair
( •
; ur:lerk to the Board• A—C_
�`
• l
s -Jli, •‘,46::.�
i /4,,,u 1////,_, William H rke, Pro-Tern
. ..
Deputy Clerk tp"the oard ace>,
M. . 'le
R ED AS
Davi . Long
unty Att r y
Glenn Vaad
Date of signature: a
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