HomeMy WebLinkAbout20030040.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #592 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT -WELD COUNTY LAND
COMPANY, LLC
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 8th day of January, 2003, at 10:00 a.m. for
the purpose of hearing the application of Weld County Land Company, LLC, 2500 Arapahoe
Avenue, Suite 220, Boulder, Colorado 80302, requesting a Change of Zone from the A
(Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for a parcel of
land located on the following described real estate, to-wit:
E112 of Section 33, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on January 8, 2003, the Board deemed it advisable to
continue the hearing for one week to allow the applicant additional time to address concerns
expressed by County staff, and
WHEREAS, on January 15, 2003, the applicant was represented by Mike Burns, 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 -- That the proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and
Chapters 19, 22, 23, 24, and 26 of this Code.
b. Section 27-6-120.D.5.b --That the uses which will be allowed on the
subject property will conform to the performance standards outlined in
Article 11 of Chapter 27 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
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development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities.
d. Section 27-6-120.D.5.d -- Evidence that adequate public water and
sewage disposal system 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 Article II of Chapter 27 of
the Weld County Code.
e. Section 27-6-120.D.5.e --That 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 shall supply information which demonstrates
the willingness 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 he 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 -- That there has been compliance with the
applicable requirement contained in Chapter 23 regarding overlay district,
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 Weld County Land Company, LLC for a Change
of Zone from 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 plat shall be amended to include the following:
1) All pages of the plat shall be labeled PZ-592.
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2) Adhere to Section 27-9-20 of the Weld County Code which
outlines the requirements for the Change of Zone plat.
3) Indicate the area for bus stop/mail box location as required by the
Weld County Department of Public Works.
4) Provide 15 percent common, usable open space.
5) Indicate the trail network.
6) Any signage shall be indicated.
7) Include all items required by the Weld County Department of
Public Works, as identified in the memorandum dated October 16,
2002.
8) All outlots shall be appropriately numbered.
9) Three copies of the plat shall be submitted to the Weld County
Department of Planning Services. Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment will review and approve the plat. Written evidence of
approval of the plat from all Departments shall be provided to the
Department of Planning Services by the applicant.
B. The applicant shall provide written evidence that their property is not
bisected by the parcel owned by the Billings.
C. The applicant shall address the concerns of the Weld County Sheriff's
Office, as stated in a memorandum dated August 19, 2002, and
incorporate remedies for these concerns. Written evidence of a solution,
signed by the Weld County Sheriff's Office, shall be provided to the
Department of Planning Services.
D. The applicant shall address the concerns of the Weld County Department
of Public Health and Environment, as stated in a memorandum dated
July 10, 2002, and a referral dated October 24, 2002. Written evidence
of a solution, signed by the Weld County Department of Public Health
and Environment, shall be provided to the Department of Planning
Services.
E. The applicant shall address the concerns of the Weld County Department
of Planning Services Landscape Architect, as stated in a memorandum
dated August 28, 2002, and incorporate remedies for the concerns.
Written evidence of a solution, signed by the Landscape Architect, shall
be provided to the Department of Planning Services.
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F. The applicant shall address the concerns of the Saint Vrain Valley School
District, as stated in the referral response dated September 5, 2002, and
incorporate remedies for the District's concerns. Written evidence of a
solution, signed by the Saint Vrain Valley School District, shall be
provided to the Department of Planning Services.
G. The applicant shall address the concerns of the Colorado Geological
Survey, as stated in a referral response dated August 30, 2002, and
incorporate remedies for the concerns. Written evidence of a solution,
signed by Colorado Geological Survey, shall be provided to the
Department of Planning Services.
H. The applicant shall address the concerns of the Mountain View Fire
Protection District, as stated in a referral response dated August 23,
2002. Written evidence from the Mountain View Fire Protection District of
such shall be provided to the Department of Planning Services.
The applicant shall submit to the Weld County Department of Planning
Services an agreement signed by the Lower Boulder Ditch Company and
the applicant.
J. The applicant shall submit a Landscape Plan, which addresses all issues
listed on the memorandum dated August 28, 2002, from Kim Ogle,
Planner III.
K. The applicant shall provide written evidence to the Weld County
Department of Planning Services indicating how irrigation water will be
provided to the open space and which entity will provide the water.
L. The applicant shall submit to the Weld County Department of Planning
Services an agreement signed by all mineral owners indicating their
concerns have been addressed. Patina Oil and Gas shall be included in
the agreement.
M. A Septic System Management Plan shall be submitted to the Weld
County Department of Public Health and Environment for review and
approval. Written evidence of approval of the plan shall be submitted by
the applicant to the 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 is from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District, for up to thirty-seven (37)
residential lots, along with approximately 28 acres of open space, as
indicated in the application materials. The PUD will adhere to the uses
allowed in the E (Estate) Zone District, except for minimum lot size, which
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will be two (2) acres, and the specific uses as indicated in application
materials provided by the developer. The PUD will be subject to and
governed by the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. Water service shall be obtained from the Left Hand Water District.
C. This subdivision is in rural Weld County and is not served by a municipal
sanitary sewer system. Sewage disposal shall be by septic systems
designed in accordance with the regulations of the Colorado Department
of Public Health and Environment, Water Quality Control Division, and
the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. Septic systems shall be
designed for site-specific conditions including, but not limited to, poor
percolation rates, shallow groundwater, bedrock, gravel and/or clay soils.
D. Preservation and/or protection of the absorption field envelopes shall
require that permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the absorption field site.
E. If required, the applicant shall obtain a storm water 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.
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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. 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.
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I. 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.
J. Weld County's Right to Farm Statement, as delineated on this plat, shall
be recognized at all times.
K. A Geohazard Permit is required for construction located in the moderate
to severe geohazard area.
L. Oil and gas facilities within the subdivision must be fenced to avoid
tampering.
M. 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.
N. Building Permits shall be obtained prior to the construction of any building
or structure, including structures such as bus stop shelters and gazebos.
O. 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.
P. Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Current adopted codes
include the 1997 Uniform Building Code (UBC), 1998 International
Mechanical Code (IMC), 1997 International Plumbing Code (IPC), 1999
National Electrical Code (NEC), and Chapter 29 of the Weld County
Code.
Q. Each building will require an engineered foundation based on a
site-specific geotechnical report. Engineered foundations shall be
designed by a Colorado registered engineer.
R. Building height shall be limited to the maximum height allowed per UBC
Table 5-B. Wall and opening protection and limitations shall be in
accordance with UBC Table 5-A. (For residential occupancies, walls
shall be protected with one-hour fire resistive construction within three
feet of property lines, and openings are not permitted within three feet of
property lines.) Separation of buildings of mixed occupancy
classifications shall be in accordance with UBC Table 3-B and Chapter 3.
Setback and offset distances shall be determined by Chapter 23 of the
Weld County Code.
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S. Building height shall be measured in accordance with the 1997 Uniform
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 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. Property pins
shall be clearly identified and staked, and all property lines shall be
marked by string lines stretched between pins or by other approved
means. Approved building and foundation plans shall be on the site and
available to inspectors for each inspection.
T. Include all items identified as notes in the referral from the Department of
Public Works, dated October 16, 2002.
U. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
V. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code.
W. Personnel from the Weld County Departments of Public Health and
Environment, Planning Services, and Public Works 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.
X. The site shall maintain compliance at all times with the requirements of
the Weld County Departments of Public Works, Public Health and
Environment, Planning Services, and adopted Weld County Code and
policies.
Y. No development activity shall commence, nor shall any Building Permits
be issued, on the property until the Final Plan has been approved and
recorded.
Z. 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 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
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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.
AA. 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. Include all items required by the Weld County Department of Public
Works, as identified in the memorandum dated October 16, 2002.
B. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations, and dimensioned on the Final Plat.
C. The conveyance of property to the Erie and Coal Creek Ditch and
Reservoir Company shall be identified on the Final Plat. A signed and
recorded copy of the warranty deed, which conveys the property, shall be
provided to the Department of Planning Services.
D. The applicant shall submit an On-Site (Private) and Off-Site (Public)
Improvements Agreement with the Final Plat application that addresses
all improvements associated with this development, per compliance with
Section 24-9-10 of the Weld County Code.
E. The applicant shall submit an approved final Landscape Plan, which
addresses the concerns of the landscape architect, as noted in the
referral dated August 28, 2002. The Landscape Plan shall conform to
Section 27-9-30 of the Weld County Code.
F. The applicant shall submit a time frame for construction in accordance
with Section 27-2-200 of the Weld County Code.
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G. The applicant shall submit Development Covenants for The Pointe
Planned Unit Development. 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 or other items, are
expressly prohibited in the absorption field site.
H. 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 Mountain View 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 include a common mail/bus pick-up area in
accordance with the requirements stipulated by the Weld County
Department of Public Works, as identified in the memorandum dated
October 16, 2002. Evidence shall be provided to Weld County
Department of Planning Services from the applicable Post Office stating
that this location meets its design standards and delivery requirements.
Should a single pedestal mail box not be the preferred standard, written
evidence from the applicable Post Office shall be provided stating the
contrary.
J. The applicant shall contact the Saint Vrain School District to finalize a bus
pick-up location, shelter, and an agreement for payment of cash-in-lieu of
land dedication. Written evidence of compliance with all the School
District's standards and requirements shall be submitted to the
Department of Planning Services prior to recording the Final Plat.
K. The applicant shall submit evidence of inclusion into the Northern
Colorado Water Conservation District.
L. At the time of recording, 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).
M. The applicant shall submit written evidence from the St. Vrain Sanitation
District which indicates the availability of servicing the site.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: Lill
D vid . Long Char
Weld County Clerk to th(Bo:tè $'
►`� d
q Robert D. asden, ro-Tem
BY: I77
Deputy Clerk to the Boa _ - 2.`
M. J. Geile
ED ORM: EXCUSED DATE OF SIGNING (AYE)
Willis . Jerke,
ty Atto � uti 1
Glenn Vaad
Date of signature: a/6
2003-0040
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