HomeMy WebLinkAbout20041007.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1020 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - WAKE, LLLP, CIO
CLIFFORD CLIFT AND PAUL CLIFT
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 21st day of April, 2004, at 10:00 a.m. for the
purpose of hearing the application of Wake,LLLP,c/o Clifford Clift and Paul Clift,2001 Fern Avenue,
Greeley,Colorado 80631, requesting a Change of Zone from the A(Agricultural)Zone District to a
PUD(Planned Unit Development)Zone District for 22 residential lots and 35 acres of common open
space fora parcel of land located on the following described real estate, to-wit:
Lot 15C; Fourth Replat of Gilbaughs Appaloosa
Acres; being in the W1/2 SW1/4 of Section 33,
Township 7 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was represented by Clifford Clift, 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:
'I.' 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
propertywill conform to the Performance Standards outlined in Chapter 27,
Article II, of the Weld County Code.
c. Section 27-6-120.D.5.c -- That 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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CHANGE OF ZONE #1020 FROM A (AGRICULTURAL) TO PUD - WAKE, LLLP, C/O
CLIFFORD CLIFT AND PAUL CLIFT
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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 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.f--In the event the street or highway facilities are not
adequate,the applicant will supply information which demonstrates the will-
ingness and financial capacity to upgrade the street or highway facilities in
conformance with the Transportation Section of Chapters 22,24,and 26, if
applicable. This shall be shown by submitting, with the Planned Unit
Development Zone District application,a separate proposal for on-site and
off-site road improvements. This proposal shall describe, in detail,the type
of on-site improvements in compliance with Section 24-9-10 and off-site road
improvements in compliance with Section 24-9-20, to determine if the
requirement for street or highway facilities providing access to the property
has been satisfied. The method of guarantee shall conform with the
County's policy regarding collateral for improvements.
g. Section 27-6-120.D.5.g --There has been compliance with the applicable
requirement contained in Chapter23 regarding overlay districts,commercial
mineral deposits, and soil conditions on the subject site.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District uses and the specific or conceptual development guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Wake, LLLP,do Clifford Clift and Paul Clift for a 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. The Change of Zone plat shall meet all requirements of Section 27-9-20 and shall be
amended to delineate the following:
A. "Weld County's Right to Farm Statement"as provided in Appendix 22-E of
the Weld County Code shall be placed on any recorded plat.
B. Primary and secondary septic system envelopes shall be designated on the
plat. Each envelope must meet minimum current setbacks as specified in
the Weld County Individual Sewage Disposal System(I.S.D.S.)Regulations.
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C. The Landscape Plan and Maintenance Schedule as approved by the
Department of Planning Services. The Landscape Plan shall adhere to the
requirements of Section 27-6-60 of the Weld County Code. The Landscape
Plan shall be delineated in a legible font for all call-outs with the Plant Material
List including botanical name, common name, species as applicable, size
of material, and whether it is can or balled and burlap.
D. The location of the bus pull-off/pull-out area and bus shelter as required by
the Eaton School District RE-2 and the Weld County Sheriff's Office.
E. The location of the mail box facility as required by the local postal authority.
F. The location of the subdivision sign.
G. The Landscape Drawing shall identify the irregular shaped circle located in
the northwest corner of the property. Should this delineated element be
inaccurate, this element shall be removed from the drawing(s).
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 PUD shall consist of twenty-two(22)residential lots and thirty-two(32)
acres of common open space. The Change of Zone allows for E (Estate)
Zone District bulk requirements, except for the minimum lot size and
development sign standards,as indicated in the application materials on file
and subject to, and governed by, the Conditions of Approval stated hereon
and all applicable Weld County regulations.
B. Water service shall be provided by the North Weld County Water District.
C. 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.
D. 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 irrigation ditch.
E. 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
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gradient portion of the site during all parts of the construction phase of the
project.
F. 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.
G. 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.
H. If land development creates more than a twenty-five (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 applyfora permit from the Colorado Department of Public Health
and Environment.
A Homeowners'Association (HOA)shall be established prior to the sale of
any lot. Membership in the HOA is mandatory for each parcel owner. The
HOA is responsible for liability insurance, taxes and maintenance of open
space,streets, private utilities,and other facilities. Open space restrictions
are permanent.
J. The site shall maintain compliance at all times with the requirements of the
Weld County Departments of Public Works, Public Health and Environment,
and Planning Services.
K. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
L. Weld County's Right to Farm Statement, as stated in Appendix 22-E of the
Weld County Code, shall be recognized at all times.
M. A separate Building Permit shall be obtained prior to the construction of any
building. Permits are required for any sign, bus shelter, or access gate, if
provided.
N. A Plan Review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two (2) complete sets of
plans are required when applying for a permit.
O. 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
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and Fuel Gas Codes,2002 National Electrical Code,and Chapter 29 of the
Weld County Code.
P. Each building will require an engineered foundation based on a site-specific
geo-technical report or an"open hole"inspection conducted bya Colorado
registered professional engineer. Engineered foundations shall be designed
by a professional engineer registered in the State of Colorado.
Q. Building height shall be limited to the maximum height allowed bythe 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 the Building Code. Setback and
offset distances shall be determined by Chapter 23 of the Weld County
Code.
R. Building height shall be measured in accordance with the 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 Chapter 23 of the Weld County Code. Building height
shall be measured in accordance with Chapter 23 of the Weld County Code
to determine compliance with offset and setback requirements. Offset and
setbacks are measured from the farthest projection from the building. An
Improvement Lot Certificate(ILC)will be required for each building showing
the building height as measured according to Chapter23 of the Weld County
Code as well as offset and setback distances to property lines. The ILC
bearing the stamp of a Colorado registered engineer or the certification of a
Colorado registered surveyor, will be required prior to frame inspection.
S. Any signs located on the property shall require Building Permits and adhere
to Section 27-6-90 of the Weld County Code.
T. The property owner shall be responsible for complying with all regulations
and requirements of Chapter 27 of the Weld County Code, including the
Performance Standards listed in Articles II and VIII.
U. No development activity shall commence,nor shall any Building Permits be
issued, until the Final Plan has been approved and recorded.
V. 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 Conditions of Approval stated herein and all
applicable Weld County regulations.
W. 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 three(3)years of the date
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of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear 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.
3. Prior to recording the Change of Zone Plat:
A. The applicant shall submit a digital file of all drawings associated with the
Change of Zone application. Acceptable CAD formats are.dwg, .dxf, .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. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code
and shall specifically address the following:
A. In accordance with Section 27-6-20.B, because the proposed uses differ
between the Change of Zone and Specific Guide, additional review of the
Final Plan by the Board of County Commissioners is warranted at a public
hearing.
B. The Final Plan application shall specify the Homeowners' Association
method of trail, open space and/or landscape maintenance in accordance
with the approved Landscape Plan.
C. The covenants for Appaloosa Acres Estates PUD shall be approved by the
Weld CountyAttorney's Office prior to recording the final plat.At a minimum,
the covenants shall address the issue of placement of landscape materials
and other encumbrances over primary or secondary leach fields,as outlined
in the referral received from the Weld County Department of Public Health
and Environment.
D. Language for the preservation and/or protection of the absorption field
envelopes shall be placed in the development 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.
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5. Prior to submittal of the Final Plan plat:
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A. 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).
B. The applicant shall provide written evidence from Weld County School
District RE-2 (Eaton School District) which indicates that all District
requirements have been met.
C. Weld County Road 74 is a paved road. The applicant will be required to build
any necessary improvements to Weld County Road 74 directly resulting
from impacts of the proposed development. The applicant shall submit an
improvements agreement and any roadway plans with the final plat
materials. Additionally, the applicant may be asked to enter into an
agreement with the County to proportionately share costs of improvements
to Weld County Roads 74 and 41 as a result of increased traffic impacts.
The costs will be based on a proportion of the traffic generated by the
development to existing traffic. A detailed traffic impact study will be
reviewed.The applicant must submit any proposed off-site agreement with
the final plat application. This development will add approximately 211 daily
vehicle trip ends to the County roadway system.
D. The applicant shall submit covenants for Appaloosa Acres Estates PUD.The
covenants shall be approved by the Weld County Attorney's Office prior to
recording the final plat. Covenants shall address the issues of the Weld
County Department of Public Health and Environment, at a minimum.
E. The applicant shall submit paperwork addressing the creation of the HOAfor
Appaloosa Acres Estates PUD.
F. The right-of-way for the internal roadway shall be dedicated to the County.
G. The applicant shall submit approval of preliminary addresses and street
name from the Postal Service,Fire District,Paramedic Service,and Sheriff's
Office.
H. The applicant shall provide for a bus stop/pick up area at the entrance to
Appaloosa Acres Estates PUD, or provide written evidence from Weld
County School District RE-2, the Weld County Sheriff's Office, and the
Postal Service indicating that an alternative was preferred.
The applicant shall provide a pavement design prepared by a professional
engineer along with the final plat submittal.
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J. 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
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 rear lot
easements on the Final plat submittal.
K. Roadway and grading plans,along with construction details,will be required
with the final plat submittal.
L. The applicant shall submit stamped,signed,and dated final plat drawings to
the Department of Public Works. This is consistent with Section 24-3-50 of
the Weld County Code which states, "The PUD subdivision final plat
submitted shall contain the original signatures and seals of all parties
required."
M. Stop signs and street name sign locations must be shown on the final
roadway construction plans.
N. The applicant shall submit an On-site Improvements Agreement According
to Policy Regarding Collateral for Improvements with the final plan
application. The agreement must be reviewed by the Department of Public
Works and shall be approved by the Weld County Board of Commissioners
prior to recording the final plat.
O. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for Improvements(Private Road Maintenance)with the
final plan application. This agreement must be reviewed by the Department
of Public Works and shall be approved by the Weld County Board of
Commissioners prior to recording the final plat.
P. A drainage report stamped, signed and dated by a professional engineer
licensed in the State of Colorado shall be submitted with the final plat
application. The 5-year storm and 100-year storm drainage studies shall
take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of
the 100-year storm developed condition while releasing the 5-year storm
existing condition.
Q. The final drainage report shall include 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.
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R. 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. Building envelopes must be
planned to avoid stormwater flows, while taking into account adjacent
drainage mitigation.
S. 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.
T. The County's maximum block length is 1,500 feet, as permitted by
Section 24-7-40.E of the Weld County Code. A cul-de-sac will be required
as a safety turn-around adjacent to Lots 10 and 11. The Department of
Public Works has reviewed this roadway layout and finds it generally
acceptable. The applicant shall provide Public Works with written
documentation verifying that the roadway layout is acceptable to appropriate
referral agencies, especially the fire department of jurisdiction.
6. Prior to the release of any Building Permits:
A. The applicant shall supply designated street signs and a Stop sign at the
appropriate location adjacent to the entrance of the subdivision.
B. A geologic study,drainage study and soils report shall be supplied to Weld
County Department of Building Inspection with blueprints when applying for
Building Permits.
C. 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.
D. 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, Residential,
Mechanical,Plumbing and Fuel Gas Codes,2002 National Electrical Code,
and Chapter 29 of the Weld County Code.
E. 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.
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F. Building height,protection of walls and openings,and separation of buildings
of mixed occupancy classifications shall be in accordance with the Building
Code. Setback and offset distances shall be determined by Chapter 23 of
the Weld County Code.
G. Building height shall be measured in accordance with the 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 Chapter 23 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNT{TY, COLORADOmida, �.C` . t (AYE)
dell Robert D. Masden, Chair
/ ; .►'• n Clerk to the Board
�•�"�,: 1E�� �" AYE
1861 t
William H. J ke, Pro-Tem
1( iat Jerk to he Board AYE
JIM M. . it
APPR• ED AS TO FO .
AYE
David E. Lo
my A rney) NAY
Glenn Vaad
Date of signature:
2004-1007
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