HomeMy WebLinkAbout20012723 RESOLUTION
RE: GRANT CHANGE OF ZONE #543 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SEVEN (7) LOTS
WITH ESTATE USES, WITH COMMON OPEN SPACE - DARYLL AND CAROL
PROPP/PROPP REALTY, INC.
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 24th day of October, 2001, at 10:00 a.m.
for the purpose of hearing the application of Daryl! and Carol Propp/Propp Realty, Inc., 1200
West Colfax Avenue, Suite B-130, Lakewood, Colorado 80215, 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:
Part of the NW1/4, and part of the NE1/4 of
Section 9, Township 1 North, Range 68 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by John Rinko, 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 in effect influencing the Planned Unit
Development and Chapter 22 (Comprehensive Plan), Chapter 23
(Zoning), Chapter 24 (Subdivision), Chapter 27 (Planned Unit
Development) of this Code. Section 22-2-60.A.1 (A.Goal 1) states,
"Preserve prime farmland for agricultural purposes which fosters
economic health and continuance of agriculture." The parcel is situated
on farmground labeled as "prime" on the U.S.D.A. Soils Map.
Farmground, such as the land under consideration, that is considered
prime is recognized by Chapter 22 as Weld County's most valuable
resource. Section 22-2-60.G.2 (A.Policy 7) states, "Weld County
recognizes the right to farm." In order to validate this recognition Weld
2001-2723
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CHANGE OF ZONE #543 FROM A (AGRICULTURAL) TO PUD - DARYLL AND CAROL
PROPP/PROPP REALTY, INC.
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County's Right to Farm has been established which shall be incorporated
on all pertinent land use plats." The Department of Planning Services will
require Weld County's Right to Farm to appear on the recorded plat.
B. Section 27-6-120.D.5.b—The uses which would be allowed in the
proposed Planned Unit Development will conform with the Performance
Standards of the Planned Unit Development Zone District described in
Article II, Chapter 27.
1) Section 27-2-20 Access Standards. Originally, the applicant
indicated an internal through road from Weld County Road 12 to
Peak View Roadway, in Scott's Acres Subdivision. Two
alternative access designs have been submitted following
submittal of the original application received on March 10, 2000.
To address some of the concerns with adjacent property owners,
the applicants changed the through road to one access road from
Weld County Road 12, with a sixty-five (65) foot cul-de-sac. On
August 23, 2000, the applicant submitted new information
delineating two separate roads. The two lots on the north side of
the property will be served by a road from Weld County Road 12
and the remaining five lots will access onto a separate road,
directly from Peak View. The Department of Public Works has
approved this configuration. The traffic impact analysis was
submitted to the Department of Public Works and has been
approved in accordance with Section 27-6-50.B.6.
2) Section 27-2-50 Circulation. Pedestrian and vehicular circulation
shall relate to the circulation system external to a Planned Unit
Development Zone District.
3) Section 27-2-60 Common Open Space. The applicant has
complied with the 15 percent common open space requirements.
The applicant has submitted a conceptual development guide and
has not provided any detailed information regarding amenities
within the open space areas. The Final Plan application shall
include detailed information regarding all open space areas.
4) Section 27-2-70 Compatibility, including density, design and
location of land uses within and adjoining a Planned Unit
Development. The applicant has met with the adjacent land
owners to address incompatibilities. There are many agricultural
uses surrounding this proposal, including a goat dairy on the
adjacent property to the west. The applicant has gone to great
lengths to incorporate comments from surrounding land owners to
ensure compatibility with agricultural uses. All plats shall
incorporate Weld County's Right to Farm.
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CHANGE OF ZONE #543 FROM A (AGRICULTURAL) TO PUD - DARYLL AND CAROL
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5) Section 27-2-80 Design Standards and Improvements
Agreements. Section 24-7-10 states, "Land subject to hazardous
conditions such as landslides, mud flows, rockfalls, snowdrifts,
possible mine subsidence, shallow water table, open quarries,
floods, and polluted or nonpotable water supply shall be identified
and shall not be subdivided until the hazards have been
eliminated or will be eliminated by the subdivision and
construction plans." Section 23-5-100 states, "within the County
there are areas subject to unstable geologic conditions which may
cause serious damage to properties and may endanger the safety
of residents in such areas. The imprudent use and occupation of
these areas will pose a continuing danger to life and property,
unless appropriate land use measures are implemented." The
Weld County Departments of Planning Services and Public Health
and Environment, as well as the Colorado Geological Survey,
requested detailed information from the applicant addressing the
severe geological hazards, depth to ground water, and percolation
rates in the area. This information has been provided by several
Engineers and Geologists with expertise in the field of Geological
hazards. The information was forwarded to the Colorado
Geological Survey, as well as the Weld County Department of
Public Health and Environment.
C. Section 27-6-120.D.5.c--The uses which would 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. Referrals were sent to the municipalities of Dacono, Erie,
Frederick and Firestone and Boulder County. The Town of Erie
responded by telephone and indicated concerns regarding the trail, ditch
easements and rights-of-way, and other site design elements. A
Condition of Approval addresses the concerns of the Town of Erie.
D. Section 27-6-120.D.5.d -- Domestic water and water for fire protection
shall be provided by Left Hand Water District. Additional requirements
from the Division of Water Resources may be included with the Final Plan
application of this proposal. 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. Conditions of Approval
and Notes on the plat ensure that water and sewer issues have been
adequately addressed.
E. Section 27-6-120.D.5.e --Weld County Road 12 is designated as a local
gravel road in the Weld County Comprehensive Transportation Plan. The
road has the required sixty feet of right-of-way.
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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 the
Comprehensive Plan, Subdivision Ordinance, and the MUD Ordinance, 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 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 two internal roads will be
required, and shall be ensured through the Improvements Agreement at
the Final Plan stage of this proposal.
G. Section 27-6-120.D.5.g --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. The referrals from the
Colorado Geological Survey and the Weld County Department of Public
Health and Environment indicate that there are several concerns
pertaining to soil conditions and a high water table. The applicant will be
required to meet all of the conditions required by the two agencies,
through their review. The Weld County Department of Building
Inspection will require engineered foundations for each residential
structure and possibly accessory structures, as well. A soils report will
need to be included with blueprints when building permits are applied for
with the Weld County Department of Building Inspection. A Geological
Hazard Permit will be required for all new structures, prior to building
permits. These issues are addressed through the Conditions of
Approval.
H. Section 27-6-120.D.5.h --The submitted Conceptual Development Guide
does accurately reflect the Performance Standards and allowed uses
described in the proposed zone district. The Final Plan application will be
heard by the Board of County Commissioners and will not go through an
Administrative process.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Daryll and Carol Propp/Propp Realty, Inc., 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:
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PROPP/PROPP REALTY, INC.
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1. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 60 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 from Chapter 22
of the Weld County Code.
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 Individual
Sewage Disposal System Regulations.
3) A typical cross section of the internal roads shall be shown on the
Change of Zone plat. The cul-de-sac radius shall be increased to
sixty-five (65) feet.
4) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
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 applicant shall provide a signed copy of the agreement which
assures compliance with the St. Vrain Valley School District
requirements.
D. The applicant shall provide written evidence, to the Department of
Planning Services, that the concerns of the Mountain View Fire Protection
District have been adequately addressed.
E. The applicant shall attempt to address the concerns of the Town of Erie
and provide written evidence, to the Department of Planning Services.
F. The applicant shall provide a copy of a draft Improvements Agreement
which addresses all access concerns, as addressed by the Public Works
Department. The Agreement shall also address open space,
landscaping, and any other amenities contained within the development.
G. The applicant shall mitigate the impacts to Peak View, within Scott Acres
Subdivision, to the satisfaction of the Department of Public Works.
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Written evidence shall be submitted to the Department of Planning
Services.
H. The applicant shall provide written evidence to the Department of
Planning Services, that all of the concerns of the Colorado Geological
Survey, as stated in the letter dated August 13, 2001, have been
addressed.
The Division of Water Resources has required the transfer of twenty (20)
units of Colorado Big Thompson Project raw water. It appears that this
condition has been met through the agreement with Left Hand Water
District. Written documentation from Colorado Division of Water
Resources is required to confirm this agreement and all other concerns of
the Division of Water Resources.
J. 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).
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 seven (7) residential lots,
with open space, including a common open space area and trail. The
Change of Zone allows for Estate Zone District bulk requirements and
uses on the residential lots, as indicated in the application materials on
file and subject and governed by the Conditions of Approval stated
hereon and all applicable Weld County regulations.
B. The name of all streets, which shall not conflict with any other streets
within the particular U.S. Postal area. Evidence of Postal Service
approval shall be submitted to the Department of Planning Services.
C. Internal local streets require sixty feet of right-of-way. All internal
roadways in a Planned Unit Development are required to be paved. The
minimum paved roadway width is thirty-two feet wide (two twelve-foot
lanes and two four-foot gravel shoulders). The minimum centerline
radius is one hundred feet. Cul-de-sacs have a fifty-five-foot edge of
traveled way radius within a sixty-five-foot right-of-way radius.
D. 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
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conditions including, but not limited to, maximum seasonal high
groundwater, poor soils, and shallow bedrock.
E. Water service shall be provided by the Left Hand Water District.
F. 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.
G. 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.
H. 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.
In accordance with the regulations of the Colorado Air Quality Control
Commission any development that disturbs more than 5 acres of land
must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
J. If land development creates more than a twenty-five-acre contiguous
disturbance, or exceeds six 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.
K. The plat shall be amended to indicate any additional easement agreed to
between the applicant and the ditch company.
L. Pursuant to Section 20-2-10, effective December 1, 1999, Building
Permits issued on the proposed subdivision lots shall be required to
adhere to the fee structure of the Southwest Weld Service Area Road
Impact Program.
M. All development shall adhere to the requirements of the Mountain View
Fire Protection District.
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N. Any signage located on the property shall require building permits and
adhere to Section 27-6-90 of the Weld County Code.
O. Prior to the release of any building permits, foundations shall be
engineered at each separate building site.
P. 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.
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
R. Prior to any work at this site, which may involve the excavation in, or the
discharges of dredged or fill material into, waters of the United States
which may include streams, open water lakes, ponds or wetlands, the
property should be examined for these areas pursuant to Section 404 of
the Clean Water Act. Any wetlands shall be delineated and mapped.
S. 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.
T. For more information regarding the Geological Hazards on this property
owners or other interested parties should refer to the case file for Change
of Zone#543 located at the Clerk to the Board's Office.
4. The Final Plan application shall adhere to Section 27-7-30 of the Weld County
Code and shall specifically address the following as well:
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
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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.
B. The Final Plan application shall specify the Homeowners' Association
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. For more information regarding the Geological Hazards
on this property owners or other interested parties should refer to the
case file for Change of Zone#543 located at the Clerk to the Board's
office.
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 Final Plan application shall include evidence that the conditions of
the Left Hand Water District have been addressed and that taps are
available.
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. The applicant shall submit to the Department of Planning Services a
detailed drainage study that meets the requirements of Section 24-7-130
of the Weld County Code.
H. The applicant shall submit final roadway plans to the Department of
Public Works, in accordance with its requirements. Evidence of approval
of the roadway plans shall be submitted to the Department of Planning
Services.
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).
J. The Final Plan application shall be reviewed by the Board of County
Commissioners for final approval.
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5. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and Stop signs, as
required by the Weld County Department of Public Works, at the
appropriate location adjacent to Weld County Road 12.
B. Dwellings on each lot are required to have engineered foundations and
an open-hole inspection conducted by a Geotechnical Engineer.
Outbuildings, including foundations, shall be built to the Weld County
Building Code. Commercial buildings shall be designed by an architect or
engineer licensed by the State of Colorado. Engineered foundations and
an open-hole inspection, conducted by a Geotechnical engineer will be
required for all commercial structures.
C. Evidence shall be given to the Department of Planning Services that all of
the requirements of the Mountain View Fire Protection District have been
met.
D. A Geological Hazard Permit will be required for any construction on each
of the individual lots.
E. Effective December 1, 1999, Building Permits issued on the proposed
lots will be required to adhere to the fee structure of the Southwest Weld
Road Impact Program Area 2. (Chapter 20, Article II of the Weld County
Code)
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of October, A.D., 2001.
BOARD OF C UNTY COMMISSIONERS
p` WELD COU ,f , COLORADO
ATTEST: us�`� CGC4
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Weld County Clerk to l_ • • "�': yJ/1
�� Glenn Vaad, Pro-tem BY: Deputy Clerk to the Bo '
Willi Jerke
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Date of signature:
2001-2723
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