HomeMy WebLinkAbout20012832.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #561 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
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 31st day of October, 2001, at 10:00 a.m.
for the purpose of hearing the application of Hoskins Construction, Inc., do David Hoskins,
1511 Weld County Road 40.5, Berthoud, Colorado 80513, requesting Change of Zone #561
from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District with
E (Estate) zone uses for five (5) lots with 5.43 acres of open space for a parcel of land located
on the following described real estate, to-wit:
Lot B of Recorded Exemption #2954; being part of
the W1/2 NE1/4 of Section 29, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Intermill Land Surveying, Inc., 1301 North
Cleveland, 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 (IGA) in effect influencing the Planned Unit
Development and the Weld County Code. A.Goal 1 states, "Preserve
prime farmland for agricultural purposes which fosters the economic
health and continuance of agriculture." The subject property is
categorized as "Irrigated land, not Prime" by the U.S.D.A. "Farmlands of
National Importance Map," dated 1979, and lies within the A (Agricultural)
Zone District. A.Policy 7 states, "Weld County recognizes the Right to
Farm. In order to validate this recognition, Weld County's Right to Farm
statement has been established which shall be incorporated on all
�1
2001-2832
((CA/. el?) �L 467 /( 1/ PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 2
pertinent land use plats." The Department of Planning Services shall
require Weld County's Right to Farm to appear on the recorded plat.
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 Planned Unit Development Zone District contained in Section 2 of
the Weld County Code. The submitted application complies with the 20
standards described 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
area as permitted by the existing zoning and with the future development
as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The proposed site does not lie within any urban growth or
Intergovernmental Agreement (IGA) areas, nor is the applicant proposing
urban scale development. The proposed Planned Unit Development lies
within the three-mile referral areas of the Towns of Berthoud and Mead.
The Town of Berthoud, in the referral response received September 5,
2001, does not support the proposed Change of Zone based on
1) designation of the area by the Town as "Cropland Support Area,"
2) the lack of"clustering," and 3) "effective conservation measures." The
Town of Mead did not return a referral response.
D. Section 27-6-120.D.5.d —The Planned Unit Development shall be
serviced by an adequate water supply and sewage disposal system in
compliance with the Performance Standards outlined in Chapter 27,
Article II, of the Weld County Code. Domestic water and water for fire
protection shall be provided by the Little Thompson Water District. The
State of Colorado, Division of Water Resources, in the referral dated
August 30, 2001, referred to the Sketch Plan referral response dated
October 4, 2000, and affirmed "the water supply is expected to be
adequate." Each lot for the proposed Planned Unit Development shall
have an Individual Sewage Disposal System (I.S.D.S.) installed per the
Weld County Department of Public Health and the Environment
requirements and specifications. The Department of Public Health and
Environment referral, dated September 10, 2001, states "the application
has satisfied Chapter 27 of the Weld County Code in regard to water
service." Water is proposed to be provided by the Little Thompson Water
District. A Water Service Agreement from Little Thompson Water District
has been provided in the application materials. Further, the application
has satisfied Chapter 27 of the Weld County Code in regard to sewer
service. Sewer services will be provided by Individual Sewage Disposal
Systems. The minimum proposed lot size of 2.6 acres, coupled with the
overall density of one system per 4.7 acres, meets the current
Department of Public Health and Environment policy. The septic systems
for Lots 4 and 5 must be located outside the boundary of the flood plain.
The initial impact plan submitted in the application materials appears to
2001-2832
PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 3
address all impacts as required by Section 27-6-40 of the Weld County
Code." The Conditions of Approval, Development Standards, and Notes
on the Plat ensure that water and sewer issues will be adequately
addressed.
E. Section 27-6-120.D.5.e —The 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. The Weld County Department of Public Works
has submitted Conditions of Approval in its referral response, dated
September 6, 2001, that will ensure that the street facilities providing
access to this proposal are adequate.
F. Section 27-6-120.D.5.f—An off-site road improvements agreement and
an on-site improvements agreement proposal are in compliance with
Chapter 24 of the Weld County Code. 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 Weld County Code. This
shall be shown by submitting, with the PUD district application, a
separate proposal for on-site and off-site Improvement Agreements. This
proposal shall describe, in detail, the type of improvements in compliance
with Chapter 24, Article IX, to determine if the requirements for street or
highway facilities providing access to the property have been satisfied.
The method of guarantee shall conform with Weld County's policy
regarding Collateral for Improvements. Improvements to the internal
road will be required, and shall be ensured through the Improvements
Agreement at the Final Plan stage of the Planned Unit Development
process.
G. Section 27-6-120.D.5.g -- The site does not lie within any overlay
districts. The proposed rezoning does not appear to contain the use of
any area known to contain a commercial mineral deposit in a manner
which would interfere with the present or future extraction of such deposit
by an extraction to any greater extent than under the present zoning of
the property.
H. Section 27-6-120.D.5.h — Consistency exists between the proposed Zone
District, uses, and the Specific or Conceptual Development Guide. The
submitted Specific Development Guide appears to accurately reflect the
performance standards and allowed uses described in the proposed zone
district. The applicant is requesting that the Final Plan be administratively
reviewed. The Department of Planning Services concurs with this
request.
2001-2832
PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., CIO DAVID HOSKINS
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Hoskins Construction, Inc., c/o David Hoskins,
for Change of Zone #561 from the A (Agricultural) Zone District to a PUD (Planned Unit
Development) Zone District with E (Estate) zone uses for five (5) lots with 5.43 acres of open
space on the above referenced parcel of land be, and hereby is, granted subject to the
following conditions:
1. The Change of Zone Plat shall be submitted to the Department of Planning
Services for recording within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 27-9-20
and shall be amended to include the following:
1) Weld County's current Right to Farm statement as it appears in
the Weld County Code, Appendix 22-E.
2) Primary and secondary septic system envelopes shall be
designated on each lot. Each envelope must meet minimum
current setbacks as specified in the Weld County I.S.D.S.
Regulations. Evidence of approval shall be submitted to the
Department of Planning Services.
3) A typical cross section of the internal and external (Weld County
Road 40.5) roads shall be shown on the Change of Zone plat.
4) The name of the street shall not conflict with any other street
within the servicing United States Postal area. A stop sign and
street sign shall be placed at all intersections. Landscaping and
entrance signs within the intersection sight distance triangle shall
be less than 3.5 feet in height.
5) A mail/bus pull off area shall be delineated on the plat.
B. A Landscape Plan and Maintenance Schedule shall be approved by the
Department of Planning Services. The Landscape Plan shall adhere to
the requirements of 27-6-60 of the Weld County Code.
C. The revised drainage study, signed and sealed by a Certified Engineer
registered in the State of Colorado, shall be resubmitted to the
Department of Public Works. Evidence of submittal and approval shall
be provided to the Department of Planning Services.
D. A proposal to share the cost of improving and paving Weld County
Road 40.5 shall be submitted to the Department of Public Works and an
2001-2832
PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 5
approved copy of such shall be provided to the Department of Planning
Services.
E. The applicant shall address the concerns of the Weld County Sheriffs
Office, as indicated in the initial referral dated August 24, 2001. Written
evidence shall be provided to the Department of Planning Services.
F. The applicant shall attempt to address the concerns of the Town of
Berthoud, as indicated in the referral dated September 5, 2001. Written
evidence of such shall be provided to the Department of Planning
Services.
G. The applicant shall attempt to address the concerns of the Division of
Wildlife, as indicated in the initial referral dated August 19, 2001. Written
evidence shall be provided to the Department of Planning Services.
H. 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).
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:
1) The Planned Unit Development shall consist of five (5) residential
lots, with 5.43 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 in
the Department of Planning Services and subject and governed
by the Conditions of Approval stated hereon and all applicable
Weld County regulations.
2) Water service shall be provided by the Little Thompson Water
District.
3) A Weld County Septic Permit is required for each proposed home
septic system and 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.
4) 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
2001-2832
PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 6
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.
5) 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, if required. Silt fences shall
be maintained on the down-gradient portion of the site during all
parts of the construction phase of the project.
6) During development of the site, all land disturbance 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.
7) 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.
8) If land development creates more than a 25-acre contiguous
disturbance, or exceeds 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.
9) 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.
10) 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.
11) Installation of utilities shall comply with Section 24-9-10 of the
Weld County Code.
12) Weld County's Right to Farm, as it appears in the Weld County
Code, Appendix 22-E, shall be recognized at all times.
13) Appropriate Building Permits shall be obtained prior to any
construction or excavation.
2001-2832
PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 7
14) Building permits are required for dwellings and any accessory
buildings being constructed or moved onto the property. Buildings
shall conform to the requirements of the 1997 Uniform Building
Code (UBC), 1998 International Mechanical Code (IMC), 1997
International Plumbing Code (IPC), 1999 National Electric Code
(NEC), and Chapter 29 of the Weld County Code.
15) Each building will require an engineered foundation based on a
site-specific geotechnical 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.
16) At the time an application is accepted for a building permit, a plan
review will be required for each building. Two complete sets of
plans are required when applying for the permit. A complete
review of the building or structure may reveal other building issues
or areas requiring attention.
17) All construction or improvements occurring in the flood plain, as
delineated on Federal Emergency Management Agency FIRM
Community Panel Map #080266 0725C, dated September 28,
1982, shall comply with the Flood Hazard Overlay District
requirements of Section 23-5, Division 3, of the Weld County
Code.
18) Any signs located on the property shall require building permits
and adhere to Section 27-6-90 of the Weld County Code.
19) No development activity shall commence on the property, nor
shall any building permits be issued on the property, until the final
plan as been approved and recorded.
20) The property owner shall be responsible for complying with all
regulations and requirements of Section 27 of the Weld County
Code, including the Performance Standards listed in Articles II
and VIII.
21) The Office of the Department of the Army, Corps of Engineers
shall be contacted by a proponent of the project for the proper
Department of the Army permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act if
any work associated with this project requires the placement of
dredged or fill material, and any excavation associated with a
dredge or fill project, either temporary or permanent, in waters of
the United States which may include streams, open water lakes,
ponds or wetlands takes place at this location.
2001-2832
PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 8
22) 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
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.
23) Potential purchasers are hereby notified that a Boarding Kennel
and Confined Animal Feeding Operation/Dairy are located east of
the Planned Unit Development. Off-site impacts that may be
encountered include, but are not limited to, noise from animals,
trucks, tractors and equipment, dust from animal pens, and odors
from animal confinement, silage, and manure.
24) A joint access easement, and maintenance agreement, extending
across the Planned Unit Development from Weld County
Road 40.5, for the benefit of Lot A of Recorded Exemption 2954,
shall be shown clearly on the plat. The joint access easement,
and maintenance agreement shall be dedicated for the use as
shown using the language set forth in the Weld County Code,
Appendix 24-F.E.
3. 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.
2001-2832
PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 9
B. The Final Plan application shall specify the Homeowners' Association's
method of trail, open space and/or landscape maintenance.
C. The draft covenants and Homeowners' Association shall address open
space maintenance and landscaping in accordance with the approved
Landscape Plan.
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. The sixty (60) foot right-of-way for Weld County Road 40.5 shall be
dedicated to the County. The right-of-way for the internal roadway shall
be dedicated to the County.
F. A fifteen (15) foot perimeter and ten (10) foot lot line easement is
required for utilities on each lot. This shall be shown on the final plat
map.
G. Prior to submittal of the Final Plan plat:
1) The applicant shall provide evidence to the Department of
Planning Services that all the requirements of the Berthoud Fire
Protection District have been met.
2) Evidence shall be submitted to the Department of Planning
Services that the requirements of the Weld County School District
RE-2J have been met.
3) 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).
4. 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 Soils Report shall be supplied to Weld County Department of Building
Inspection with blueprints when applying for building permits.
2001-2832
PL1568
CHANGE OF ZONE #561 FROM A (AGRICULTURAL) TO PUD - HOSKINS
CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 10
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of October, A.D., 2001.
BOARD OF C NTY COMMISSIONERS
WELD COU Y, COLORADO
'_ ^"7
ATTEST: f e/,•{/ � IE.Z.a 7IVI / aGe✓
J. ile, •hair
Weld County Clerk to the res,
//JJ
lenn Vaa.
t L
BY: _ ZZ
Deputy Clerk to the Boa •
t►'
Willia . Jerke
APPROVED'AS 1?t 0,O (CQC
ZZ Davi E. Long
PufitrAt&-ney 4
R bert D. Masden
Date of signature:
2001-2832
PL1568
Hello