HomeMy WebLinkAbout20042133 RESOLUTION
RE: GRANT CHANGE OF ZONE #521 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT-DON AND LINDA OWENS
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 25th day of August,2004,at 10:00 a.m.for the
purpose of hearing the application of Don and Linda Owens, 8585 Weld County Road 22, Fort
Lupton,Colorado 80621, requesting a Change of Zone from the A(Agricultural)Zone District to a
PUD(Planned Unit Development)Zone District for 19 lots with E(Estate)Zone uses,along with 15
acres of open space, in addition to a 36-acre Agricultural Outlot located on Tract A of a parcel of
land located on the following described real estate, to-wit:
Lot B of Recorded Exemption#1921;being part of the
SE1/4 of Section 9, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Ed Pruss,Coldwell Banker,330028th Street,
Boulder, Colorado 80301, 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 Planned Unit
Development,and Chapters 19,22,23,24,and 26 of the Weld County Code.
b. Section 27-6-120.D.5.b -- The uses which will be allowed on the subject
property will conform to the Performance Standards outlined in Chapter 27,
Article II, 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 Zone District and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities.
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d. Section 27-6-120.D.5.d--There is evidence that adequate public water and
sewer will be made available to the site to serve the uses permitted within
the proposed Planned Unit Development in compliance with the Performance
Standards in Chapter 27, Article II, of the Weld County Code.
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 Zone
District.
f. Section 27-6-120.D.5.g --There has been compliance with the applicable
requirement contained in Chapter 23 regarding overlay districts,commercial
mineral deposits, and soil conditions on the subject site.
g. Section 27-6-120.D.5.h --Consistency exists between the proposed Zone
District uses and the conceptual development guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Don and Linda Owens for Change of Zone#521 from the
A(Agricultural)Zone District to the 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 address the proposed 15-foot-wide gravel road for oil
well and irrigation access. This road crosses Outlot A, an adjacent parcel
owned by'others';Tract A; and then ends at the adjacent parcel owned by
'others.' It is odd this road crosses the narrow parcel and then parallels it to
the lot mass. The applicant must submit written verification from the'others'
property owner for this roadway to Public Works. The easement is not
shown crossing the'others'property. The applicant shall clear this item with
all parties and with the Department of Public Works. Written evidence of
Public Works approval shall be submitted to the Department of Planning
Services.
B. All proposed septic system envelopes to be shown on the Change of Zone
plat shall be reviewed by the Weld County Department of Public Health and
Environment. Written evidence of Health Department approval shall be
provided to the Department of Planning Services.
C. "Weld County's Right to Farm," as provided in Appendix 22-E of the Weld
County Code, shall be indicated on the plat.
D. The applicant shall attempt to address the requirements of the
Platteville/Gilcrest Fire Protection District, as stated in their referral dated
August 19,2003. Evidence of such shall be provided to the Department of
Planning Services.
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E. The applicant shall address the landscaping requirements of the Department
of Planning Services, as stated in the referral received August 11, 2003.
Evidence of such shall be provided to the Department of Planning Services.
F. The applicant shall submit a revised Landscape and Screening Plan to the
Department of Planning Services. The Landscape Plan shall detail proposed
recreational uses within the open space areas, the connectivity of the trail
system with nearby trails and within the trail system itself, all lots within the
PUD which should connect to the proposed trail system, and open space
areas. Cottonwood trees used for landscaping shall be non-flowering(non-
cotton bearing).
G. The applicant shall vacate that portion of Use by Special Review
Permit#1120(Gloraloma Ranch)that is located on the eastern portion of the
property (east of Tract A and the Coal Ridge Ditch).
H. The applicant shall address the requirements and conditions of the Weld
County Sheriffs Office, as outlined in the referral received September 16,
2003. Written evidence of such shall be provided to the Department of
Planning Services.
The plat shall be amended as follows:
1) Weld County Road 19 is classified by the County as a collector road
and requires a minimum 80-foot right-of-way. The applicant shall
verify the existing right-of-way. The documents creating the
right-of-way shall be noted on the Change of Zone plat. A 40-foot
right-of-way shall be dedicated on the final plat. The Change of Zone
plat shall label the Weld County Road 19 right-of-way as, "40-foot
County Road Right-of-Way, to be dedicated on Final Plat."
2) Weld County Road 22 is classified by the County as a local gravel
road and requires a minimum 60-foot right-of-way. The applicant
shall show Weld County Road 22 (Sheets C-P.3 and C-P.4), and
dimension the 60-foot right-of-way shown on the Change of Zone
plat. The applicant shall verify the existing right-of-way, noting the
inception documents on the Change of Zone plat.
3) The Gloraloma Way cul-de-sac shall be amended to a minimum
65-foot radius on the Change of Zone plat. The Linda Lane
cul-de-sac shall be modified to a minimum 65-foot radius on the
Change of Zone plat.
4) The Road Typical Sections shown throughout the drawings of the
Gloraloma Estates PUD Change of Zone plat shall be corrected to
show a minimum 15-inch diameter culvert,per County Code; paved
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12-foot travel lanes(clearly labeled"paved")on the Change of Zone
plat, and the proper 24-foot edge-of-pavement dimension.
5) The applicant shall modify the road layout(C2, C3, C28, C29, C38,
and C40)to coincide with minimum"curb"/turn radii of 20 feet,as per
Section 8-2-40 of the Weld County Code on the Change of Zone plat.
6) 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 paved lanes with four-foot gravel shoulders on the
Change of Zone plat.
7) Intersection sight distance triangles at all development entrances,
including proposed Tract A, 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.
8) Primary and secondary septic envelopes shall be indicated on each
lot. All septic system envelopes must meet all setbacks, including
the 100-foot setback to any irrigation ditch.
9) Fire hydrants shall be indicated on the plat as outlined in the referral
from the Platteville/Gilcrest Fire Protection District,dated August 19,
2003.
10) Building envelopes shall be indicated on all lots. The building
envelopes shall be located outside of the 150-foot setback radius
from existing wellheads,and outside of the 200-foot setback radius
from existing tank batteries(as required per Section 23-3440 of the
Weld County Code).
11) The setback radius from wellheads(150 feet)and tank batteries(200
feet) shall be indicated on the Change of Zone plat.
12) Lot 4,Block 1,is indicated as a detention pond on the Landscape and
Layout Plans. Lot 4 shall be indicated as a non-buildable outlot on
the Change of Zone plat.
J. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following,and that each shall be placed
on the Change of Zone plat as notes prior to recording:
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A. Change of Zone #521 is from A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District for 19 lots with E (Estate)Zone
uses and open space,in addition to a 36-acre Agricultural Outlot located on
Tract A,as indicated in the application materials on file. Residential lots will
adhere to the uses allowed in the E (Estate) Zone District. Tract A will
adhere to the uses allowed in the A(Agricultural)Zone District. The PUD will
be subject to,and governed by,the Conditions of Approval stated hereon and
all applicable Weld County regulations.
B. The site shall maintain compliance with the Dacono, Firestone, and
Frederick Procedures and Design Standards(Chapter 19,Article III,Weld
County Code) at all times.
C. A Homeowners'Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance,taxes and maintenance of
open space, streets, private utilities, and other facilities. Open space
restrictions are permanent.
D. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
E. All signs within the PUD shall comply with the approved sign standards. 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.
F. Water service shall be provided by the Central Weld County Water District.
G. 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.
H. 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.
During development of the site,all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
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conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
J. 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.
K. 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.
L. Building Permits shall be obtained prior to the construction of any building or
structure. Buildings that meet the definition of an Agricultural Exempt
Building, per the requirements of Sections 29-1-20 and 29-3-20 B.13 of the
Weld County Code, do not need Building Permits; however a Certificate of
Compliance must be filed with the Department of Planning Services,and an
Electrical Permit is required for any electrical service to the building.
M. A plan review is required for each building,except for buildings that meet the
definition of Agricultural Exempt buildings. 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.
N. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently,the following have been
adopted by Weld County: 2003 International Building Code; 2003
International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; and the 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
O. 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.
P. Building height shall be limited to the maximum height allowed per the
Building Code. Wall and opening protection and limitations shall be in
accordance with the Building Code. Separation of buildings of mixed
occupancy classifications shall be in accordance with Table 302.3.3 of the
2003 International Building Code. Setback and offset distances shall be
determined by the Weld County Code.
Q. Building height shall be measured in accordance with the 2003 International
Building Code for the purpose of determining the maximum building size and
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height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 27 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.
R. 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.
S. The site shall maintain compliance at all times with the requirements of the
Weld County Government and adopted Weld County Code and policies.
T. No development activity shall commence on the property, nor shall any
Building Permits be issued, until the Final Plan has been approved and
recorded.
U. 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.
V. 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 sixty (60) 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 submit an On-site (Private) Improvements Agreement
that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code.
B. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
C. 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 Fire Protection District,
Weld County Sheriffs Office,Weld County Paramedic Service,and the Post
Office for review and approval.
D. The applicant shall submit Covenants and Homeowners' Association
paperwork for review and approval by the Weld County Attorney's Office.
Language for the preservation and/or protection of the absorption field
envelopes shall be placed in the Covenants. 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.
E. The applicant shall submit stamped, signed, and dated final plat drawings
and roadway/construction and grading plan drawings (with the final
application) to the Department of Public Works for review and approval.
Construction details must be included.
F. Water for the Gloraloma Ranch equestrian center shall be given to the
Homeowners'Association. Written evidence of such shall be provided to the
Department of Planning Services.
G. The Weld County Sheriffs Office has indicated that a sign with a graphical
representation of the subdivision should be placed at the entrance to the
subdivision. To address this concern,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.
H. 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. The Final Drainage Report must compare the historic and
developed flows (runoff) in a way that is analogous over the basins. This
would tie the report to the data from the appendices and concisely document
the detention requirements. The area south of Weld County Road 22 must
be more fully investigated for contribution to off-site drainage.A topographical
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map of the expanded area will need to be included. A closer investigation of
capturing off-site waters by the Bull Canal shall be elaborated upon. It
appears the Drainage Report has assumed any and all drainage south of
Weld County Road 22 does not impact the development. (Rainfall
generating less than the 100-storm may possibly fill fields and cross over
roadways.) The applicant shall address the large off-site basin area in the
Final Drainage Report. Supporting discussion of the on-site lake/reservoir,
high water level,and spillway shall be included in the Final Drainage Report,
insuring safety of the proposed residential lots.
The applicant shall provide an agreement with the Coal Ridge Ditch
Company and Northern Colorado Water Conservancy District, or provide
evidence that they have made an adequate attempt to address the concerns.
5. Prior to recording the final plat:
A. Finalized Covenants and the appropriate recording fee (currently $6 per
page) shall be submitted to the Weld County Department of Planning
Services.
B. The applicant shall enter into Improvements Agreements According to Policy
Regarding Collateral for Improvements. These agreements shall be
approved by the Board of County Commissioners.
C Easements shall be shown on the final plat in accordance with
Section 24-7-60 of the Weld County Code and/or recommendations from the
Coordinated Utilities Advisory Board which state, "Easements shall follow
rear and side lot lines whenever practical and shall have a minimum total
width of twenty(20)feet apportioned equally on abutting properties. Where
front line easements are required, a minimum of fifteen (15) feet shall be
allocated as a utility easement." The applicant shall show and dimension
20-foot perimeter easements for the parcel on the Change of Zone plat.
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).
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 25th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY COL RADO' Lalit-Air Robert D. Masden, Chair
1861 I .•r;, + , Clerk to the Board
William H. erke, Pro-Tem
® �/�
rputy Clerk to the Board /l�t�
t M. J. J APPROVED AS TO FORM: earl ce
eu Q lc David ong
I�}C ty Att neyJ/ EXCUSED
Glenn Vaad
Date of signature: ISal
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