HomeMy WebLinkAbout20040697 RESOLUTION
RE: GRANT CHANGE OF ZONE #1035 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - MORRIS QUICK AND
MARK HOLLIDAY
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 31st day of March,2004,at 10:00 a.m.for the
purpose of hearing the application of Morris Quick,2634 South Lima Street,Aurora,Colorado 80014,
and Mark Holliday, P.O. Box 243, Lake Elmo, MN 55042-0243,requesting a Change of Zone from
the A(Agricultural)Zone District to a PUD (Planned Unit Development)Zone District for eight(8)
residential lots,along with an 81.93-acre agricultural lot,fora parcel of land located on the following
described real estate, to-wit:
E1/2 E1/2 NE1/4 of Section 6,Township 1 North;and
part of the SE1/4 of Section 30, and part of the E1/2
E1/2 of Section 31,Township 2 North,all in Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Marilyn Taylor,Red Baron Development,7507
Weld County Road 39, Fort Lupton, Colorado 80621, 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 influenced
by an Intergovernmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.8.1 (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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be serviced by individual wells for water and individual sewage
disposal systems will handle the effluent flow. In a referral dated
January 22, 2004, 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 Office of the State Engineer, Division of Water Resources, has
indicated, in a referral dated February 6, 2004, that the proposed
water supply is adequate to supply 0.54 acre feet of water per
residence,along with water to irrigate 5,000 square feet of lawn and
garden.
2) Section 22-2-210.D (PUD.Goal 4) states, "Encourage creative
approaches to land development which will result in environments of
district identity and character." The application proposes a
community designed for the owners of small airplanes. Platte Valley
Airpark PUD is adjacent to the site and homeowners will be utilizing
the existing runway.
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 27-2-40, Bulk requirements—The applicant has chosen to
adhere to the bulk requirements of the E(Estate)Zone District for the
eight(8)residential lots. The applicant has indicated an exception to
the maximum size allowed for accessory buildings to ensure the
airplane hangars can be adequately sized. The combined gross floor
area of all accessory buildings shall not exceed eight percent(8%)
of the total lot area,and in no case shall such an accessory building
exceed twice the gross floor area of the primary residence on the lot
except by variance. Outlot A shall adhere to the uses allowed in the
A(Agricultural)Zone District,except no residential structures shall be
allowed.
2) Section 27-2-60,Common open space—The applicant has included
an eighty-acre agricultural outlot which may be considered to meet
the intent of the common open space requirement.
3) The applicant has met the remaining performance standards as
delineated in Section 27-2-10. The Conditions of Approval and
Development Standards 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
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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. Both the City of Fort Lupton and Town of
Hudson are within a three-mile referral area,and each 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,the Weld County Code. The
proposed PUD will be serviced by individual wells for water and individual
sewage disposal systems will handle the effluent flow. In a referral dated
January 22, 2004, 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 Office of the State Engineer, Division of Water Resources,has indicated
in a referral dated February 6, 2004, that the proposed water supply is
adequate to supply 0.54 acre feet of water per residence, along with water
to irrigate 5,000 square feet of lawn and garden.
e. Section 27-6-120.D.5.a--Street or highwayfacilities 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 indicated
that Weld County Road 39 does not exist adjacent to this development in the
County's road inventory. Weld County Road 39 is classified by the County
as a local road and requires a 60-foot right-of-way. The applicant proposed
to dedicate a 30-foot right-of-way on the final plat. The applicant will be
required to build the full section of Weld County Road 39 along the frontage
of the residential property lots(including Lot 8)and up to that portion of Weld
County Road 39 accepted by the Countyfor maintenance. This is consistent
with County policy that developments provide improvements along the
frontage of residential lots at a minimum. Without this policy there would be
unimproved road segments along County roads that front development. A
temporary gravel turn around will be allowed at the end of the pavement to
the south of Lot 8. The Weld County Department of Public Works has
reviewed the proposal and has determined that the typical roadway cross-
section shown on the Street Plan and Profile is acceptable.
f. Section 27-6-120.D.5.f--At final plat the applicant is being required to enter
into an agreement with the County to proportionately share the cost of
improving Weld County Road 39 from the development up to Weld County
Road 18. The cost will be based on a proportion of the traffic generated by
the development to existing traffic. The applicant is also required to enter into
an Improvements Agreement and post adequate collateral for onsite
improvements.
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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 Engineering Geology Reportfor Red Baron Estates,dated
February 13,2003, indicates that it is not economical to mine this site. The
applicant is required to submit a Weed Management Plan with the final plan
application. 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.
h. Section 27-6-120.D.5.h -- The submitted Specific Development Guide
accurately reflects 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, and the
Department of Planning Services supports this request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Morris Quick and Mark Holliday fora Change of Zone from
the A(Agricultural)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. The applicant must correct Sheet 2 of 7 and Sheet 7 of 7 for the Weld
County Road 39 Plan Profile. Lot 9 is shown and there are only eight lots
proposed for this development. The asphalt and gravel portions of Weld
County Road 39 must be distinctly shown in contrast on the roadway plans
with given begin/end stations noted. The temporary turn around at the end
of Weld County Road 39 must be shown and dimensioned on the roadway
plans.
B. The applicant shall submit a letter requesting the vacation of Use by Special
Review Permit#768 for a recreational train facility.
C. The plat shall be amended as follows:
1) All pages of the plat shall be labeled PZ-1035.
2) State Highway 52 requires 100 feet north of the centerline. The
applicant shall reserve 100 feet north of the centerline for right-of-way
on the plat.
3) The water cistern, taxiways, and postal box shall all be located on
open space.
D. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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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#1035 is from the A(Agricultural)Zone District to the PUD
(Planned Unit Development) Zone District for eight (8) residential lots and
one (1) agricultural outlot as indicated in the application materials on file.
Lots 1 through 8 will adhere to the uses allowed in the E (Estate) Zone
District,except the combined gross floor area of all accessory buildings shall
not exceed eight percent(8%)of the total lot area. In no case shall such an
accessory building exceed twice the gross floor area of the primary
residence on the lot except by variance. Outlot A shall 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. Animal units allowed on Lot 1 through, and including, Lot 8 may be further
restricted by the individual well permit.
C. Aircraft stored on the lots shall be limited to those owned and operated by the
property owner.
D. 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.
E. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
F. Signs shall adhere to Section 23-4-80 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
G. The Red Baron Estates Homeowners' Association is responsible for
ensuring that the 20,000-gallon water tank proposed forfire protection is full
at all times.
H. Water service shall be obtained from individual wells.
Water in the Denver Basin Aquifers is allocated based on a 100-year aquifer
life under the provisions of Section 37-90-137(4)(b)(I),C.R.S. The economic
life of a water supply based on wells in a given Denver Basin aquifer may be
less than the 100 years indicated due to anticipated water level declines.
J. Should an alternative renewable water source be necessary in the future, it
will be the sole responsibility of the Homeowners' Association to obtain.
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K. Lot owners are responsible for obtaining their own well permit. At time of
closing,each lot owner will be deeded 0.54 acre feet of groundwater from the
Laramie Fox Hills aquifer,pursuant to Case#03-CW-061,dated October 29,
2003.
L. 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.
M. Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setbacks, including the 100-foot
setback to any well.
N. Activities such as permanent landscaping,structures, dirt mounds or other
items are expressly prohibited in the absorption field site.
O. If required, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and the Environment. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
P. 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.
Q. 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.
R. 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.
S. The Weld County Sheriff's Office has limited traffic enforcement powers on
roadways which have not been adopted by the County for maintenance.
T. A separate Building Permit shall be obtained prior to the construction of any
building. Structures such as bus stops and entrance gates, if provided,
require Building Permits.
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U. A Plan Review is required breach 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.
V. Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following have been adopted by
Weld County:2003 International Building,Residential,Mechanical,Plumbing
and Fuel Gas Codes, 2002 National Electrical Code,and Chapter 29 of the
Weld County Code.
W. 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.
X. Building height,protection of walls and openings,and separation of buildings
of mixed occupancy shall be in accordance with the Building Code. Setback
and offset distances shall be determined by Chapter 23 of the Weld County
Code, and as required by Federal Aviation Regulation, Part 77, outlined in
FAA Form 7460-1, Notice of Proposed Construction or Alteration.
Y. 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.
Z. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
AA. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
BB. 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 Development Standards stated herein and all applicable
Weld County regulations.
CC. The site shall maintain compliance at all times with the requirements of the
Weld County Government and the adopted Weld County Code and policies.
DD. No development activity shall commence,nor shall any Building Permits be
issued, until the Final Plan has been approved and recorded.
EE. 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 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
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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 orthat 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.
FF. 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 a set of sign standards as required by
Section 27-6-90.E.1 of the Weld County Code for review and approval.
B. The applicant shall submit an On-site (Private) Improvements Agreement
that addresses all improvements associated with this development for
review and approval.
C. At the time of final plan submission, the applicant shall submit a proposed
Off-site Improvements Agreement. The agreement must outline the
construction of the full roadway section of Weld County Road 39 along the
frontage of the residential property lots(including Lot 8)and up to that portion
of Weld County Road 39 currently accepted by the Countyfor maintenance.
Additionally,the agreement shall outline the cost of improving Weld County
Road 39 along the entire proposed route(from the development up to County
Road 18) with a stabilized base to control dust based on proportional
sharing. This stabilized base cost will be based on a proportion of the traffic
generated by the development to the existing background traffic. The
Planning Commission approves a paving waiver based on the Weld County
Code. The Public Works Department agrees with the applicant's request for
a paving waiver based on the rural setting, a low anticipated traffic impact,
and Weld County Road 39 terminating in a cul-de-sac adjacent to the
development.
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D. The applicant shall submit stamped,signed,and dated final plat drawings to
the Department of Public Works.
E. In a letter included with the application, Weld Central School District
indicated that it will designate one location on either Weld County Road 39
or State Highway 52 for a bus pick-up,and that no specific accommodations
will be necessary. At this time Weld County Road 39 does not reach State
Highway 52, therefore, this location is not an option. The applicant shall
inform the School District that a bus pick-up off of State Highway 52 is not an
option.
F. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
G. Easements shall be shown on the final plat in accordance with County
standards (Section 24-7-60) and Utility Board recommendations.
H. Final drainage construction and erosion control plans (conforming to the
drainage report) stamped, signed, and dated by a Colorado registered
engineer shall be submitted with the final plan application. The final drainage
report must include the following:
1) A map showing the drainage along the entire parcel (Outlot A)with
respect to Weld County Road 39 as discussed in the report. The
locations of the proposed future culverts must be shown and noted
on this drainage map.
2) A topographical map showing the 'big-picture' drainage of the
surrounding area of the proposed development,outline(s)of off-site
drainage basins influencing the building lots, and associated
calculations. The 5-year storm and 100-year storm drainage studies
shall take into consideration off-site flows both entering and leaving
the development.
3) A description and consideration of roadside drainage along Parks
Lane and Weld County Road 39. Stormwater flow(s) off-site must
not exceed the 5-year storm rates per County Code.
4) 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.
5) 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.
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Building envelopes must be planned to avoid stormwaterflows,while
taking into account adjacent drainage mitigation.
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 Hudson Fire Protection
District, the Weld County Sheriff's Office, the Weld County Paramedic
Services and the Post Office for review and approval. The final plat shall
indicate an approved street name.
J. The preliminary covenants shall be amended as follows:
1) Section 6.8 shall state that activities such as landscaping (i.e.
planting of trees and shrubs) and construction (i.e. auxiliary
structures,dirt mounds,etcetera)activities are expressly prohibited
in the designated absorption field sites.
2) Section 6.1 indicates that intergenerational auxiliary quarters or guest
suite will be allowed within the accessory buildings or detached. No
water is available to serve additional living quarters. The covenants
will be amended to indicate that the homeowners are allowed only
one(1)single-family dwelling unit. Accessory structures shall not be
used on any basis as a dwelling or as ovemight or temporary housing
for any person.
3) Section 7.5 states the owner must comply with the Weld County
Zoning requirements for maximum number of domestic animals of
one (1) per acre not to exceed eight (8) domestic animals per lot.
This is inaccurate. According to the Weld County Code, each lot
would be allowed four(4)household pets of one species or a total of
seven (7) household pets of two (2) or more species. Section 7.5
shall be amended accordingly.
K. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners' Association for review and approval.
L. The applicant shall contact Ron Broda, Vegetation Weed Management
Specialist with the Weld County Public Works Department at (970) 356-
4000,Ext.3770,to develop a Weed Management Plan. The approved plan
shall be included in the Final Plan application.
5. Prior to recording the final plat:
A. 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.
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B. The applicant shall enter into an On-site 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 evidence that Well Permit No.34275-F has been
re-permitted in accordance with the Water Supply Plan.
D. 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. Prior to the release of Building Permits:
A. The applicant shall submit evidence to the Departments of Planning Services
and Building Inspection indicating that Duke Energy has quit claimed and
released to the record title owner the portion of the existing pipeline
right-of-way grant that was located on proposed Lots 1, 2, 3, 7 and 8.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 31st day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
LD COU TTY, COLORADO
n� _�
ATTEST: Ili, ,��i ��� &l V�'`1O-
A ���W9 a Robert D. Masden, Chair
Weld County Clerk to th: :o- d►+
7 sE, eik* �
• �„ �„^,;.�' `�William H. er , Pro-Tem
BY:
Deputy Clerk to the "7. 77
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M. Geile
AP ED TO' •.
David . Long
my Attorney
Glenn Vaad _Date of signature: *IQ"
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