HomeMy WebLinkAbout20041339.tiff RESOLUTION
(CORRECTED paragraph #2.h to reflect a Conceptual Plan and
deleted sentences regarding an Administrative Review.)
RE: GRANT CHANGE OF ZONE #600 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT- JOHN ZADEL
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 2nd day of June, 2004, at 10:00 a.m.for the
purpose of hearing the application of John Zadel,4200 Weld County Road 19,Fort Lupton,Colorado
80621, requesting 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 for a parcel of land located
on the following described real estate, to-wit:
Part of the S1/2 of Section 10, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing the Board deemed it advisable to continue the matter to June 23,
2004,at 10:00 a.m., to allow adequate time for the Department of Planning Services staff to meet
the 15-day sign posting requirements, and
WHEREAS, on June 23, 2004, the applicant was present and assisted by Intermill Land
Surveying, Inc., 1301 North Cleveland Avenue, Loveland, Colorado 80537, 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),
Chapter23(Zoning),Chapter24(Subdivision),and Chapter26(Mixed Use
Development)of the Weld County Code. The proposed site is within the
Frederick, Firestone,and Dacono Intergovernmental Agreement(IGA)area.
The applicants have an annexation agreement that has been approved by the
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City of Dacono. 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
be serviced by the Central Weld County Water District for water,and
the applicant is proposing individual septic systems to provide
sewage disposal. However, the City of Dacono, in its referral
received August 22,2003,indicated that the property is located within
the proposed Dacono Sanitation District Eastern Service Area
expansion. It is the intent of the District to have the eastern trunk line
expansion completed by the end of 2004. If the District's plans stay
on schedule,it is possible that a sanitary sewer main to serve Distant
Thunder PUD could be completed in the same time frame. The
Dacono Sanitation District is requiring that the applicant petition for
inclusion in the Dacono Sanitation District and provide central
sanitary sewer service for lots within the PUD.
2) Section 19-2-60C.5 states,"In recognition of the availability of water
and sewer service from a municipality or district within the Urban
Growth Area..., the County will require water and sewer service
therefrom as a Condition of Approval of any Subdivision,rezoning,or
Planned Unit Development,and will not approve such development
until and unless the applicant has obtained an approved written
contract for the same with the applicable municipality and/or district."
The City of Dacono has indicated that sanitary sewer service could
possibly be available to the site by the end of 2004. An agreement
with the Dacono Sanitation District for sewer service is attached as
a Condition of Approval for this Change of Zone.
3) Section 22-5-50(O.Policy 1.1)states,"Encourage agricultural use of
productive agricultural land." This site is located on land defined as
"Prime if Irrigated"according to the 1979 U.S.D.A.Soil Conservation
Service Map.
4) Section 22-3-40.D,Public facilities general requirement, Availability
of adequate fire protection-The Fort Lupton Fire Protection District
indicated that the proposal complies with its plans in the referral
received August 5, 2003.
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—"All PUD developments will be
served by an internally paved road system according to County
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standards." The applicant is proposing a paved interior road system
that will meet 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 for the
nine(9)residential lots and the A(Agricultural)Zone District for the
47.5-acre open space parcel. The applicants are requesting that
Lots 1, 7, and 8 be smaller than the minimum size of 2.5 acres for
the (E) Estate Zone District. Staff is in support of this request.
3) Section 27-2-60, Common Open Space-"Common open space is
defined as any usable parcel of land or water unimproved and set
aside,dedicated,designated or reserved for public or private use,or
for the use and enjoyment of owners or occupants of land adjoining
or neighboring such area." The applicants are proposing to use the
47.5-acre outlot as common open space for the PUD. The outlot
would be used as private open space for residents of the Distant
Thunder PUD. The outlot will be nonbuildable for residential
purposes.
4) Section 27-2-70,Compatibility-"The density,design,and location of
land uses within and adjoining a PUD shall be designed to be
compatible with other uses within and adjoining the PUD." There is
an existing excavation business(approved under USR-1330)and an
existing natural gas compression station(approved under SUP-428)
located 1/8 to 1/4 mile south of this site. There is an existing row of
evergreen and ash trees to the south that is intended to provide
screening between the PUD and the oil and gas facility. There is an
existing injection well facility (approved under SUP-1039) located
adjacent to the northeastern corner of the site.
5) 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
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed development is located within the
Frederick, Firestone,and Dacono IGAarea. A drafted annexation agreement
with the City of Dacono has been approved by the City of Dacono. This
agreement shall be signed and recorded as a Condition of Approval of this
Change of Zone application.
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
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Performance Standards in Chapter 27,Article II,of the Weld County Code.
The site shall be serviced by the Central Weld County Water District.
Individual septic systems are proposed. The City of Dacono is requiring that
the applicant connect to the Dacono Sanitation District for sewer service. An
executed agreement with the City of Dacono to provide sewer service is
attached as a Condition of Approval.
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 City of Dacono is requiring that the applicant dedicate 45
feet of right-of-way for Weld County Road 19 measured from the centerline
of Weld County Road 19. This right-of-way shall be dedicated on the final
plat.
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 Chapter24
of the Weld County Code,and a Road Improvements Agreement is complete
and has been submitted, if applicable. An On-site Road Improvements
Agreement shall be submitted with the final plan application for review by
County staff and final acceptance by the Board of County Commissioners.
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 site is not located within any overlay districts. The
applicants have provided information detailing that there is one mineral owner
(Suckla Farms, Inc.)and two mineral leasehold owners(Kerr-McGee Rocky
Mountain Corporation and K.P. Kauffman). The applicant has a draft
agreement with Kerr-McGee regarding its pipeline and a 400-foot by 400-foot
drilling window to be located on the open space outlot. The applicants have
been attempting to negotiate an agreement with K.P. Kauffman for the past
two years. At this point they have been unsuccessful reaching an
agreement. The applicant has provided a letter detailing the attempts made
to negotiate with K.P. Kauffman.
h. Section 27-6-120.D.5.h --Consistency exists between the proposed zone
district(s), 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 John Zadel 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. 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
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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. Weld County's "Right to Farm", as provided in Appendix 22-E of the Weld
County Code, shall be indicated on the plat.
C. The applicant shall address the requirements of the Department of Planning
Services landscape referral received August4,2003. Evidence of such shall
be provided to the Department of Planning Services.
D. The applicant shall address the requirements of the City of Dacono as
outlined in the referral received August 22,2003. Evidence of such shall be
provided to the Department of Planning Services.
E. The applicant shall provide evidence of an attempt to obtain a signed and
recorded agreement with Kerr-McGee Rocky Mountain Corporation.
Evidence of such shall be provided to the Department of Planning Services.
F. 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.
G. The plat shall be amended as follows:
1) The plat shall be labeled: "PZ-600".
2) Weld County Road 19 is classified by the City of Dacono as a minor
arterial road and requires a minimum 90-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 45-foot right-of-way from the centerline of Weld County Road 19
shall be dedicated on the final plat. The Change of Zone plat shall
label the Weld County Road 19 right-of-way as,"45-foot County Road
Right-Of-Way, to be dedicated on Final Plat." The Weld County
Department of Public Works is in agreement with a more stringent
standard than the County standard of 80-feet of right-of-way.
3) Additional right-of-way shall be required adjacent to the bus pullout
area equivalent to the width of the pullout lane. Revisions must be
made to the Change of Zone drawings,and this right-of-way shall be
dedicated on the final plat.
4) 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(12)foot paved lanes with four(4)foot gravel shoulders on the
Change of Zone plat. The cul-de-sac edge of pavement radius shall
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be 50 feet minimum. Stop signs and street name signs will be
required at all intersections.
5) The applicant shall correctly mark 20-foot utility and drainage
easements for Lots 1 and 9 along Weld County Road 19 on Sheet 2
of the Landscape Plan, and Sheet 2 of the Zone Change Plat for the
Distant Thunder PUD.
6) The Typical Road Cross Section shown on Sheet 2 of the Zone
Change Plat for the Distant Thunder PUD shall identify the
twelve-foot travel lanes as being "Paved".
7) The applicant shall coordinate the typical road cross-sections shown
on Sheet 2 of the Zone Change Plat for the Distant Thunder PUD and
Sheet 2 of the Plan and Profile Multiple Lot Access Road to be
identical. The Typical Cross Section on Sheet 2 of the Plan and
Profile Multiple Lot Access Road shall be corrected to include
four-foot gravel shoulders on either side of the twelve-foot paved
travel lanes.
8) The 400-foot by 400-foot oil and gas operations window (as
designated by Kerr McGee) shall be shown on the plat.
H. 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. The Change of Zone from the A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District is for nine(9)lots with E(Estate)
Zone uses, along with 47.5 acres of open space, as indicated in the
application materials on file. The lots will adhere to the uses allowed in the
E (Estate)Zone District, and the 47.5-acre open space outlot will adhere to
the uses allowed in the A(Agricultural)Zone District,except for the minimum
lot size. The PUD will be subject to, and governed by, the Conditions of
Approval stated hereon and all applicable Weld County regulations.
B. 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.
C. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
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D. 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.
E. Water service shall be provided by the Central Weld County Water District.
F. 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.
G. A Weld County septic permit is required for each proposed septic system
which shall be installed in accordance to the Weld County Individual Sewage
Disposal System Regulations. Each septic system shall be designed for site
specific conditions including, but not limited to, maximum seasonal high
ground water, poor soils and shallow bedrock.
H. 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.
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.
J. 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.
K. Building Permits shall be obtained prior to the construction of any building or
structure, including bus shelters, signs, and entrance gates, if provided.
Buildings that meet the definition of an Agricultural Exempt Building, per the
requirements of Sections 29-1-20 and 29-3-20.8.13 of the Weld County
Code, do not need Building Permits; however a Certificate of Compliance
must be filed with the Department of Planning Services. An Electrical Permit
is required for any electrical service to the building and a Plumbing Permit is
required for any water for washing or watering purposes in the Agricultural
Exempt Building.
L. 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
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of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
M. 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 Residential Code; 2003
International Mechanical Code; 2003 International Plumbing Code; 2002
National Electric Code, and Chapter 29 of the Weld County Code.
N. 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.
O. Building height, setbacks, and offset distance shall be determined by the
Weld County Code. Separation of buildings of mixed occupancy
classifications shall be in accordance with Section R309.2 of the International
Residential Code. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
P. Building height shall be measured in accordance with the 2003 International
Residential 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 Chapter27 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. When measuring buildings to determine offset and
setback requirements,buildings are measured to the farthest projection from
the building. Property lines shall be clearly identified.All property pins shall
be staked prior to the first site inspection.Approved building and foundation
plans shall be on the site and available to inspectors for each inspection.
Q. 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.
R. The site shall maintain compliance at all times with the requirements of the
Weld County Government and adopted Weld County Code and policies.
S. No development activity shall commence, nor shall any Building Permits be
issued, until the final plan has been approved and recorded.
T. 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
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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.
U. 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 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 with
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.
The covenants shall address language for the preservation and/or protection
of absorption field areas. 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,or maintenance
or functions of the field should be restricted over the absorption field areas
while in use.The applicant shall incorporate the revisions to the covenants,
outlined in the referral received August 19, 2003, from Lee Morrison,
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Assistant County Attorney. Evidence of such shall be provided to the
Department of Planning Services.
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. The applicant shall provide a pavement design prepared by a professional
engineer along with the final plan submittal.
G. Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and noted on the final roadway plans.
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 Grading Plan sheet shall verify and match the length of an
18-inch Corrugated Metal Pipe culvert shown in the plan and profile views.
The plan view depicts approximately 200 feet of culvert,whereas,the profile
view shows 40 feet. This correction shall be made.
Weld County School District RE-8 and the Weld County Sheriffs Office shall
be contacted regarding the bus pullout. The applicant shall provide the
Department of Public Works with written documentation regarding this issue
along with the final plat application materials.
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. An executed agreement between the applicant and Weld County School
District RE-8 addressing the "cash-in lieu of land dedication fee" shall be
submitted to the Department of Planning Services.
D. The applicant shall provide a letter to the Department of Planning Services
requesting that Special Use Permit#841 be vacated. Said Permit shall be
vacated by the Board of County Commissioners.
E. Easements shall be shown on the final plat in accordance with
Section 24-7-60 of the Weld County Code and/or Utility Board
recommendations. "Easements shall follow rear and side lot lines whenever
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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 the 20-foot perimeter
easements for the parcel on Sheet 2 of the Zone Change Plat for the Distant
Thunder PUD.
F. 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).
G. The applicant shall provide evidence that the requirements of Sections 19-2-
60.C.3 and C.5 of the Weld County Code have been met.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of June, A.D., 2004.
1EL, ., BOARD OF COUNTY COMMISSIONERS
W D COUNTY, C 1J a � 1 47 t Robert D. Masden, Chair
COLORADO
1861 rW\O4,
LL S.14 GU
jj
ut if"•°u Clerk to the Board
William 'erke, Pro-Tem
BY: a A 4 t-4#4---c..r i f ,
Deputy Clerk to the Board /
M. . ►eile
APP AS TO FO rim-
l_
Davi: . Long
o rney
Glenn Vaad —
Date of signature: /1/4 3/`J
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