HomeMy WebLinkAbout20030070.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#552 FROM THE A(AGRICULTURAL) ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR TEN (10)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, AND 51+1-ACRES OF
COMMON OPEN SPACE, AS WELL AS THE OPEN CUT GRAVEL MINING
OPERATION, ASPHALT AND CONCRETE BATCH PLANTS, AND RECYCLING
PLANT PERMITTED UNDER USE BY SPECIAL REVIEW PERMIT#1125 -WILLIAM
AND DOLORES ROBERTS
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 15th day of January, 2003, at 10:00 a.m.
for the purpose of hearing the application of William and Dolores Roberts 12691 Weld County
Road 64.5, Greeley, Colorado 80631, 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:
Lots A and B of Recorded Exemption #2342; being
part of the SE1/4 of Section 30, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Todd Hodges, Todd Hodges Design,
LLC, 2412 Denby Court, Fort Collins, Colorado 80526, 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 Chapters 19,
22, 23, 24, and 26 of the Weld County Code.
b. Section 27-6-120.D.5.b -- The uses which will be allowed on the subject
property will conform to the Performance Standards outlined in Chapter
27, Article II, of the Weld County Code.
c. Section 27-6-120.D.5.c-- The uses which will be permitted will be
compatible with the existing or future development of the surrounding
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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.
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 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 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 Chapter 23 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 development guide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of William and Dolores Roberts 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. The Change of Zone plat shall meet all requirements of Section 27-9-20 and
shall be amended to delineate the following:
A. 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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B. 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.
C. The applicant shall dimension the parking area shown on the Change of
Zone plat, as well as identify the type and number of vehicles to be
parked in this area. The applicant shall designate the name of the
Planned Unit Development on the Change of Zone Plat. The applicant
shall provide a confirmation letter from the power line owner regarding
right-of-way/easements of this utility at Change of Zone and delineate
such easements on the Change of Zone plat. A professional traffic
impact analysis is not required.
D. The applicant shall dedicate right-of-way for improvements to the
roadway curve linking Weld County Roads 27 and 64.5 on the Final plat.
The applicant shall dimension this curvature to include curve/radius data
on the Change of Zone and Final plats.
E. The Department of Public Works has designated Weld County Road 27
as a paved arterial roadway requiring 140 feet of right-of-way. A total of
seventy (70) feet from the centerline of Weld County Road 27sha11 be
delineated on the plat. The applicant shall verify the existing right-of-way,
noting the inception documents on the Change of Zone plat. If the right-
of way cannot be verified, it will be dedicated on the Final plat.
F. The Department of Public Works has designated Weld County Road 64.5
as a paved collector roadway requiring 80 feet of right-of-way. A total of
forty (40) feet from the centerline of Weld County Road 64.5 shall be
delineated on the plat. The applicant shall verify the existing right-of-way,
noting the inception documents on the Change of Zone plat. If the
right-of-way cannot be verified, it will be dedicated on the Final plat.
G. The typical cross-section of the paved internal road system that identifies
the width and depth of pavement, shoulders, drainage ditches and
rights-of-way shall be shown on the plat.
H. All future signs, including entrance signs, street signs, Stop signs and
street names shall be delineated on the plat. Intersection sight distance
triangles at the development entrances will be required. All landscaping
within the triangles must be less than 3.5 feet in height at maturity, and
noted on the Change of Zone plat. The name of the street shall not
conflict with any other street within the servicing United States Postal
area.
Internal roads shall meet Weld County criteria for a Planned Unit
Development. The internal road right-of-way shall be 60 feet in width,
including cul-de-sacs with a 65-foot radius, and dedicated to the public.
The typical roadway cross-section shall be shown as two 12-foot paved
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lanes with four-foot gravel shoulders on the Change of Zone plat. The
cul-de-sac edge of pavement radius shall be 50 feet. Stop signs and
street name signs will be required at all intersections. The applicant shall
provide a pavement design prepared by a professional engineer along
with the Final plat submittal.
2. 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).
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. The Planned Unit Development shall consist of ten (10) residential lots,
with 51+/- acres of open space. The Change of Zone allows for E
(Estate) Zone District bulk requirements and uses on the residential lots
and A (Agricultural) Zone District bulk requirements, as indicated in the
application materials on file, 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. A Weld County septic permit is required for each proposed septic system,
which shall be installed according to the Weld County 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.
D. Primary and secondary septic system envelopes shall be designated on
each lot. Each envelope must meet minimum current setbacks as
specified in Chapter 30 of the Weld County Code.
E. Language for the preservation and/or protection of the second absorption
field envelope shall be placed on all recorded plats and 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.
F. 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 Environment. Silt fences shall be maintained on the
down gradient portion of the site during all parts of the construction phase
of the project.
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G. 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 Health
Department, a Fugitive Dust Control Plan must be submitted.
H. 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.
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.
J. The internal roadway shall be paved. The cul-de-sac edge of pavement
radius shall be fifty (50) feet. The minimum paved roadway section is two
12-foot lanes with two four-foot shoulders. The shoulders shall maintain
the two (2) percent cross slope.
K. 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.
L. 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.
M. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
N. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County
Code, shall be recognized at all times.
O. Building Permits shall be obtained prior to any construction. A separate
permit will be required for each structure.
P. 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.
Q. Buildings shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following codes have been
adopted by Weld County: 1997 Uniform Building Code (UBC), 1998
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International Mechanical Code (IMC), 1997 International Plumbing Code
(IPD), 1999 National Electrical Code (NEC), and Chapter 29 of the Weld
County Code.
R. Each building will require an engineered foundation based on a site-
specific geo-technical report or an "open hole" inspection conducted by a
Colorado registered professional engineer. Engineered foundations shall
be designed by a professional engineer registered in the State of
Colorado.
S. Building height shall be limited to the maximum height allowed by UBC
Table 5-B. Wall and opening protection and limitations shall be in
accordance with UBC Table 5-A. 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.
T. 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 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 Chapter 23 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.
U. A Flood Hazard Development Permit shall be submitted for buildings
constructed within the 100-year Flood Plain. As necessary, all
construction or improvements occurring in the flood plain, as delineated
on Federal Emergency Management Agency FIRM Community Panel
Map 080266 0608C, dated September 28, 1982, shall comply with the
Flood Hazard Overlay District requirements of Section 23-5, Division 3 of
the Weld County Code.
V. Any signs located on the property shall require Building Permits and
adhere to Section 27-6-90 of the Weld County Code.
W. 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.
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X. 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 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.
4. The Final Plan application shall adhere to Section 27-7-30 of the Weld County
Code and shall specifically address the following:
A. The Final Plan application shall include a complete Improvements
Agreement in accordance with Section 24-9-10 of the Weld County Code.
The agreement shall include the internal road, any trails, landscaping and
any other appropriate construction elements. The applicant shall indicate
if the road maintenance will be the responsibility of the Homeowners'
Association, or if the applicant will request that the road be placed on the
County road system. The On-Site Improvements Agreement shall
address the removal of the existing home on Lot 3.
B. The Final Plan application shall specify the Homeowners' Association's
method of trail, open space and/or landscape maintenance in accordance
with the approved Landscape Plan.
C. The Homeowners' Association and Covenants shall be approved by the
Weld County Attorney's Office prior to recording the Final plat.
D. Language for the preservation and/or protection of the second absorption
field envelope shall be placed in the Development Covenants. The
Covenants shall state that activities such as landscaping (i.e. planting of
trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds,
etc.) are expressly prohibited in the designated absorption field site.
E. A fifteen (15) foot perimeter and ten (10) foot lot line easement is
required for utilities on each lot. This shall be delineated on the Final plat
map.
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F. The applicant shall provide a pavement design prepared by a
professional engineer along with the Final plat submittal. Roadway and
grading plans, along with construction details, will be required with the
Final plat submittal. Easements shall be shown in accordance with
County standards and/or Utility Board recommendations, also
dimensioned on the Final plat.
G. The Preliminary Drainage Report, dated September 2002, by Rocky
Mountain Consultants, Inc., is acceptable in concept. The Engineer's
Certification page states that this is the final report. The Preliminary
Drainage Report used the 10-year storm for design calculations as stated
in the conclusion. County Code requires using the 5-year storm for this
development. The applicant shall make the appropriate corrections. A
Final 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. The Final Drainage Report
shall research and document FEMA maps to determine if flood hazards
exist. The drainage report states that the lake overflow will discharge into
Whitney Ditch. Any probable increase of drainage into an irrigation
system shall be corroborated with the appropriate owner. The applicant
shall provide a confirmation letter from the ditch owner addressing this
issue along with the Final plat application. The applicant shall verify the
Whitney Ditch easement on the Final plat and provide a confirmation
letter from the company. Final drainage construction plans, conforming
to the Drainage Report, shall be submitted with the Final plat application.
H. Evidence shall be submitted to the Department of Planning Services that
the concerns of the Weld County Sheriff's Office, as stated in the referral
response dated September 25, 2002, have been addressed and
approved.
Evidence shall be submitted of the applicants' attempt to address the
concerns of the Windsor-Severance Fire Protection District.
J. Evidence shall be submitted to the Department of Planning Services that
the requirements of the School District RE-4 as stated in the referral
response received September 18, 2002, have been met.
K. Evidence of an approved Augmentation or Substitute Supply Plan, as
outlined in the Colorado Division of Water Resources referral dated
October 7, 2002, shall be provided to the Department of Planning
Services.
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L. The applicant shall vacate that portion of Use by Special Review
Permit#1125 contained within the Planned Unit Development upon
completion of mining and reclamation activities.
5. Prior to submittal of the Final Plan plat:
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).
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. The applicant shall provide evidence from the Colorado Division of
Minerals and Geology of completion of all reclamation activities, as well
as request a Vacation of Use by Special Review#1125, in conjunction
with the application for Final Plat.
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
WElaCO UNTY, COLQRAD
ATTEST: gill
,.. David E. Long, Chair
Weld County Clerk to + ni b4all SO , tpa
4fl Robert D. sden,Pro-Tm
BY: •
Deputy Clerk to the Board ? ��
M. J. Geile Lai
OV AS TO F EXCUSED DATE OF SIGNING (AYE)
Willi-2 'H. Jere
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Date of signature: a/"
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