HomeMy WebLinkAbout20031198.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1007 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - LANCE AND JULEE
MEINERS
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 14th day of May, 2003, at 10:00 a.m. for the
purpose of hearing the application of Lance and Julee Meiners, 713 Sitka Street, Fort Collins,
Colorado 80524, requesting a Change of Zone from the A (Agricultural) Zone District to a PUD
(Planned Unit Development) Zone District, for five (5) lots with E (Estate) Zone uses and one (1)
non-residential lot with A (Agricultural) Zone uses, for a parcel of land located on the following
described real estate, to-wit:
Lot C of Recorded Exemption #3092; being part of
the NE1/4 NW1/4 of Section 33, Township 9 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, 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 proposed site is not influenced by an
Intergovernmental Agreement, nor is the site within the three-mile referral
area of any municipality. The proposal is consistent with Chapters 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23 (Zoning), Chapter 24 (Subdivision), and Chapter 26 (Mixed Use
Development) of the Weld County Code 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 Planned
Unit Development will be serviced by individual wells for water, and
individual sewage disposal systems will handle the effluent flow. In
a referral dated March 26, 2003, the Weld County Department of
Public Health and Environment indicated the application has satisfied
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Chapter 27 of the Weld County Code regarding water and sewer
service.
2) Section 22-5-50(O.Policy 1.1)states, "Encourage agricultural use of
productive agricultural land." The application includes a 103.42-acre
agricultural lot.
3) Section 22-3-40.D., Publicfacilities general requirement—Availability
of adequate fire protection. The Nunn Fire Protection District has
indicated that, in the event of a fire,water shall be brought to the site
by tankers.
b. Section 27-6-120.D.5.b -- The uses which will be allowed in the proposed
Planned Unit Development will conform with the Performance Standards of
the PUD(Planned Unit Development)Zone District contained in Chapter 27,
Article II, of the Weld County Code. Section 27-2-20, Access standards,
states, "All PUD developments will be served by an internally paved road
system according to County standards". The applicant is proposing a paved
interior road system that will be County maintained. Section 27-2-40, Bulk
requirements, states, "The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District for the five (5) residential lots
and the A (Agricultural) Zone District for the 103.42-acre lot.
Section 27-2-55, Cluster PUD, states, "The applicant has met the criteria of
a Cluster Planned Unit Development." The proposal will create single-family
residential parcels less than thirty-five (35) acres each. More than the
required two-thirds of the total area of the tract has been reserved for forty
(40)years for agricultural purposes. Further, the density of the Planned Unit
Development does not exceed two (2) residential units for each thirty-five
(35)acres. The applicant has met the remaining Performance Standards as
delineated in Section 27-2-10. The Conditions of Approval 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 site is not influenced by an
Intergovernmental Agreement and is not within a three-mile referral area.
d. Section 27-6-120.D.5.d -- The PUD (Planned Unit Development) Zone
District will be serviced by an adequate water supply and sewage disposal
system in compliance with the Performance Standards in Chapter 27,
Article II, of the Weld County Code. The applicant is proposing that the site
be served by individual wells. In a referral dated March 26, 2003, the Weld
County Department of Public Health and Environment has indicated the
minimum lot size of 4.0 acres, and overall density of one septic system per
22.5 acres, does meet current Health Department policy and the application
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has satisfied Chapter 27 of the Weld County Code in regard to water and
sewer. In a referral received March 24, 2003, the Colorado Division of
Water Resources indicated the maximum number of residential lots that can
be developed is five. The request has been amended to reflect five lots.
e. Section 27-6-120.D.5.a--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
(Planned Unit Development) Zone District. The Weld County Department
of Public Works has reviewed the proposal and has determined that the
typical roadway cross-section shown on the Street Plan and Profile is
acceptable.
f. Section 27-6-120.D.5.f -- In a referral dated March 20, 2003, the Weld
County Department of Public Works indicated the residential traffic added
to the roadway system will not have enough impact to require off-site
roadway improvements.
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 Weld County Department of Public Works stated that the
Drainage Investigation and Erosion Control Report, dated January 2003, by
Messner Engineering, Inc., and the drainage construction plans are
acceptable.
h. Section 27-6-120.D.5.h--Consistency exists between the submitted Specific
Development Guide, which accurately reflects the Performance Standards
and allowed uses described in the proposed Zone District, as described
previously. The applicant is requesting that the Final Plan be
administratively reviewed. The Department of Planning Services is in
agreement with this request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lance and Julee Meiners 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 Weld County Sheriffs Office has indicated that a sign with a graphical
representation of the subdivision should be placed at the entrance to the
Planned Unit Development. 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.
2. The plat shall be amended as follows:
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A. Lots 5 and 6 shall be combined and labeled Lot 5 in order to meet the State
of Colorado, Division of Water Resources, water requirements.
B. The 103.42-acre lot shall be labeled Lot 6.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. The Change of Zone is conditional upon the following and that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. Change of Zone #1007, from the A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District, is for five (5) residential lots and
one (1) non-residential lot as indicated in the application materials on file.
Lots 1 through 5 will adhere to the uses allowed in the E (Estate) Zone
District. Lot 6 will adhere to the uses allowed in the A (Agricultural) Zone
District. The Planned Unit Development will be subject to, and governed by,
the Conditions of Approval stated hereon and all applicable Weld County
regulations.
B. Animal units allowed on each individual lot may be further restricted by the
individual well permit.
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. Lot 6 is prohibited from residential development for a period of forty (40)
years from the date the Final Plan is approved.
F. All signs within the Planned Unit Development 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.
G. The Nunn Fire Protection District has indicated that, in the case of a fire,
water shall be brought to the site by tankers.
H. Water service shall be obtained from individual wells.
A Weld County septic permit is required for each proposed septic system,
which shall be installed in accordance to the Weld County Individual Sewage
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Disposal System (I.S.D.S.) Regulations. Each septic system shall be
designed for site-specific conditions including, but not limited to, maximum
seasonal high groundwater, poor soils, and shallow bedrock.
J. 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.
K. 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.
L. 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.
M. 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.
N. Building Permits shall be obtained prior to any construction. A separate
permit will be required for each structure. Permits are required for structures
such as bus shelters or entrance gates if provided.
O. A Plan Review will be required for each building. Two complete sets of
plans are required when applying for the 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); 2002 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 or an open hole inspection performed by a Colorado
registered engineer. 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. 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 UBC 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 setbacks are measured from the farthest projection from the
building.
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
U. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
V. Weld County personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property
comply with the Development Standards stated herein and all applicable
Weld County regulations.
W. 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, and adopted Weld County Code and policies.
X. No development activity shall commence on the property, nor shall any
Building Permits be issued on the property, until the Final Plan has been
approved and recorded.
Y. 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.
Z. The Planned Unit Development Final Plan shall comply with all regulations
and requirements of Chapter 27 of the Weld County Code.
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4. 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).
5. 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 Nunn Fire Protection
District, the Weld County Sheriffs Office, the Weld County Paramedic
Services, and the Post Office for review and approval.
D. The preliminary covenants addressed Temporary Residences allowed within
the Planned Unit Development. This section of the Covenants shall be
amended to be in compliance with the Weld County Code.
E. The applicant shall provide a pavement design prepared by a professional
engineer.
F. The applicant shall contact the Department of Public Works Vegetation
Weed Management Specialist, at (970) 356-4000, Ext. 3770, to develop a
Weed Management Plan.
G. The applicant shall submit stamped, signed, and dated final plat drawings
and construction plan drawings to the Department of Public Works for review
and approval. Evidence of Department of Public Works' approval shall be
submitted to the Department of Planning Services.
H. Weld County Road 100 is classified by the County as a collector road and
requires an 80-foot right-of-way.The applicant shall dedicate 40-feet of right-
of-way on the final plat.
Weld County Road 17 does not exist adjacent to this development along the
section line. The applicant shall dedicate 30-feet of right-of-way along the
entire property frontage, measured from the section line for Weld County
Road 17 on the final plat.
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J. The applicant shall submit a conservation easement for review and approval
by the County Attorney's office. A finalized agreement and the appropriate
fees shall be submitted for recording with the final mylar plats.
6. Prior to recording the final plat:
A. The applicant shall contact Weld County School District RE-9 to finalize an
agreement for payment of cash-in-lieu of land dedication. Written evidence
of compliance shall be submitted to the Department of Planning Services.
B. Finalized Covenants and the appropriate recording fee (currently $6 per
page) shall be submitted to the Department of Planning Services.
C. 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.
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).
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of May, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
1� /� WELDNTY, COLORADO
ATTEST: £,/ Lt
vid E. L ng, Chair
Weld County Clerk to e,8+ 4.. O %V-�
•' Robert den, Pro-Tem
Deputy Clerk to the N
M. J. ei e
APPRO ED AS TO FORM: tl ' . 17l f�
4 myWilliam H. Jerke
County Att�)71 162-1.71,-
� ��,�1444
Gle n Vaad
Date of signature: y6Y
2003-1198
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