HomeMy WebLinkAbout20012481.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #557 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO CREATE 38 LOTS
WITH RESIDENTIAL USES AND 32.12 ACRES OF OPEN SPACE - COLORADO ELK
RANCH, LLLP
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 26th day of September, 2001, at
10:00 a.m. for the purpose of hearing the application of Colorado Elk Ranch, LLLP, P.O. Box
158, Timnath, Colorado 80547, requesting a Change of Zone from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District to create 38 lots with residential
uses and 32.12 acres of open space on a parcel of land located on the following described real
estate, to-wit:
A parcel of land situated in the North half of Section 12, Township
7 North, Range 66 West of the 6th P.M., County of Weld, State of
Colorado, being more particularly described as follows:
Considering the East line of the Northeast quarter of said Section
12 as bearing North 00°14'46" East and with all bearings
contained herein relative thereto:
Commencing at the East quarter corner of said Section 12;
thence along the East line of said Northeast quarter, North
00°14'46" East 365.31 feet to the TRUE POINT OF BEGINNING
of this description; thence continuing along said East line, North
00°14'46" East 2280.63 feet to the Northeast corner of said
Section 12; thence along the North line of said Northeast quarter
North 89°19'59" West 2431.62 feet; thence South 00°05'26" East
356.96 feet; thence South 31°35'38"West 380.04 feet to the
centerline of an existing ditch; thence along said centerline the
following eleven (11) courses and distances; (1) South 51°48'39"
East 131.46 feet; (2) South 44°57'25" East 208.74 feet; (3) South
37°18'34" East 107.34 feet; (4) 154.16 feet along the arc of a
curve concave to the North, having a radius of 220.00 feet, a
central angle of 40°08'58", and the long chord which bears South
57°23'03" East 151.03 feet; (5) South 77°27'32" East 109.57 feet:
(6) 123.17 feet along the arc of a curve concave to the Southwest,
having a radius 206.00 feet, a central angle of 34°15'24", and the
long chord which bears South 60°19'50" East 121.34 feet; (7)
South 43°12'08" East 252.36 feet; (8) 165.59 feet along the arc of
a curve concave to the North, having a radius of 250.00 feet, a
central angle of 37°57'05", and the long chord which bears South
62°10'40' East 162.58 feet; (9) South 81°09'13" East 317.02 feet;
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COZ#557 FROM A (AGRICULTURAL) TO PUD - COLORADO ELK RANCH, LLLP
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(10) South 65°35'59" East 74.60 feet; (11) South 57°26'05" East
1503.37 feet to the true point of beginning. The above described
parcel contains 89.17 acres and is subject to all rights-of-way,
easements, and restrictions now in use or on record.
WHEREAS, at said hearing the board deemed it advisable to grant the request of the
applicant for a continuance to October 31, 2001, at 10:00 a.m., due to a family emergency of
the applicant's representative, and
WHEREAS, on October 31, 2001, the applicant was represented by Mikal Torgerson, M.
Torgerson Architects, PC, 211 Jefferson, Fort Collins, Colorado 80524, and attorney, Lucia
Liley, 110 East Oak Street, Fort Collins, Colorado 80524, 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.5 as follows:
a. Section 27-6-120.D.5.a - The proposal is consistent with the
Intergovernmental Agreement under consideration between the Town of
Ault and Weld County.
b. Section 22-2-60.C.2.a - The subject site is located within the
Intergovernmental Agreement boundary under consideration between the
Town of Ault and Weld County. Although the site is designated as
"Prime" by the 1979 U.S.D.A. Soil Conservation Service Map, the lack of
irrigation water has decreased its economic viability.
c. Section 27-6-40.6.2 requires the applicant to submit a statement as to
how the Planned Unit Development will plan for and accommodate
impacts related to smoke, dust, and odors. The applicant has agreed to
include the Right to Farm statement on the plat to provide notice to
potential lot buyers that this development is located within an agricultural
area involving dust, odor, flies, etc. The applicant will also make
prospective purchasers in the area aware of the adjacent feed lots, which
will make future purchasers aware of the impacts.
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d. 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.
e. 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 zone district and within the future
development as projected by the Weld County Comprehensive Plan or
master plan of affected municipalities. The site is located with the Urban
Growth Boundary and three-mile referral area for the Town of Ault, which
in the referral dated May 15, 2001, indicated no conflict with its interests.
f. Section 27-6-120.D.5.d -The applicant has provided evidence that
adequate public water and sewer will be made available to the site to
serve the uses permitted within the Planned Unit Development in
compliance with the Performance Standards in Chapter 27, Article II, of
the Weld County Code. Domestic water and water for fire service will be
provided by the North Weld County Water District. The applicant has a
Water Agreement with the North Weld County Water District to extend
water lines to the development site. The lots will be serviced with
individual sewage disposal systems, which will be reviewed by the
Department of Public Health and Environment to ensure all engineering
concerns are addressed prior to recording the plat. Further, the septic
systems will be reviewed on an annual basis. The Conditions of
Approval, Development Standards, and Notes on the Plat ensure that
water and sewer issues will be adequately addressed.
g. 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 for the
Planned Unit Development. The Weld County Department of Public
Works has submitted Conditions of Approval in its referral response,
received April 18, 2001, that will ensure the street facilities providing
access to this proposal are adequate. The applicanthas already
addressed several of the concerns of the Department of Public Works.
h. 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.
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I. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Colorado Elk Ranch, LLLP, for a Change of
Zone from the A (Agricultural) Zone District to the 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 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
of the Weld County Code.
B. A Landscape Plan and maintenance schedule shall be submitted to the
Department of Planning Services for review and approval. The
Landscape Plan shall adhere to the requirements of Section 27-9-30 of
the Weld County Code. The Landscape Plan shall address adequate
buffering and screening from surrounding Agricultural uses.
C. The applicant shall submit additional information to the Department of
Public Works for approval, as required, for the drainage report signed by
a Colorado licensed engineer. The applicant shall supply the Department
of Planning Services with written approval from the Department of Public
Works.
D. The applicant shall submit a proposed estimate for time of construction of
the Planned Unit Development.
E. The applicant shall submit additional information about the use and
design of the proposed common open space in the Planned Unit
Development.
F. 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).
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G. The Change of Zone plat shall be amended to include the following:
1) "Weld County's Right to Farm" as delineated in Chapter 22
(Appendix H) of the Weld County Code.
2) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
3) An access to the property to the south of the ditch shall be
provided off of the southern road.
4) The plat shall be amended to indicate adequate pedestrian
pathways, trails or sidewalks.
5) The term "Outlot A" shall be removed from the parcel to the south
of the Cross-Cut Lateral Ditch and shall be replaced with "not
included in this PUD."
6) The approved Landscape Plan.
H. 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 (PUD) shall consist of Thirty-Eight
(38) PUD zoned lots together with common open space areas.
The Change of Zone allows for (E) Estate uses on the 38 lots
which shall comply with the PUD Zone District requirements as
set forth in Section 23-3400 of the Weld County Code. The only
exception shall be a variance from the minimum lot size
requirement of 2.5 acres. The common open space shall be
owned and maintained in accordance with Section 27-6-80 of the
Weld County Code.
2) Approval of this plan may create a vested property right pursuant
to Article VIII, Section 23-8-50 of the Weld County Code.
3) Water service shall be provided by the North Weld County Water
District.
4) 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.
5) 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.
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6) Installation of utilities shall comply with Section 24-9-10 of the
Weld County Code.
7) Weld County's Right to Farm, as stated on this plat, shall be
recognized at all times.
8) The applicant shall obtain a Storm Water Drainage Discharge
Permit from the Water Quality Control Division of the Colorado
Department of Public Health and 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.
9) During development of the site, all land disturbance shall be
conducted so that nuisance conditions are not created. If dust
conditions create nuisance conditions, at the request of the Weld
County Health Department, a Fugitive Dust Control Plan must be
submitted.
10) In accordance with the regulations of the Colorado Air Quality
Control Commission, any development which disturbs more than
five (5) acres of land must incorporate all available and practical
methods which are technologically and economically feasible in
order to minimize dust emission.
11) If land development creates more than a twenty-five (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.
12) Potential purchasers are hereby notified that a confined animal
feeding operation (Use by Special Review Permit#744) for a
maximum of 4,000 head of cattle is located directly north and east
of the intersection of Weld County Roads 37 and 84. Off-site
impacts that may be encountered include noise from trucks,
tractors and equipment, dust from animal pens, and odors from
animal confinement, silage, and manure.
13) 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.
14) Electrical permits shall be obtained for any irrigation systems for
the development.
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15) Proper building permits shall be obtained prior to any construction
or excavation. Building permits shall be obtained prior to any
buildings or structures being remodeled or demolished.
16) Building permits are required for dwellings and any accessory
buildings being constructed or moved onto the property.
17) All buildings shall be engineered and will require an engineered
foundation. Such foundation design shall be based on a site-
specific geotechnical report or an "open hole" inspection made by
a Colorado licensed engineer.
18) The site shall be developed in accordance with the
recommendations of the Colorado Geological Survey contained in
the referral letter, dated March 9, 2000.
19) Any signage located on the property shall require building permits
and adhere to Sections 23-4-110 and 27-6-90 of the Weld County
Code.
20) The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Article II and Article VIII, of
the Weld County Code.
21) 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 submittal of the PUD Final Plan. The Board may extend
the date for the submittal 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.
3. Prior to submitting the Final Plan application:
A. Construction plans for the utilities, showing the configuration of streets,
location of fire hydrants, size of water mains, and available fire flows will
need to be submitted to the Ault Fire Protection District for review and
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approval. Evidence of Fire District approval shall be submitted to the
Department of Planning Services.
B. The applicant shall contact the Town of Ault to determine whether the
Town is willing to enter into an annexation agreement with the applicant,
or receive annexation petition(s), for the future annexation of the entire
subject property.
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 Improvements Agreements in
accordance with Sections 24-9-10 and 24-9-20 of the Weld County Code.
The agreements shall include the internal roads, trail, landscaping of the
common open space and any other appropriate construction elements.
The agreements shall also include any improvements to Weld County
Road 37. The applicant shall indicate if the road maintenance for internal
roads 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 applicant shall submit the final road layout and alignment plans with
associated documents to the Department of Public Works for review and
approval.
C. The Final Plan application shall specify the Homeowners'Association's
method of trail and landscape maintenance.
D. The draft covenants of the Homeowners'Association shall address open
space maintenance and landscaping in accordance with Section 27-6-60
of the Weld County Code.
E. The applicant shall submit evidence to the Department of Planning
Services that approval was received from the Weld County Department of
Public Works for an Improvements Agreement Regarding Collateral for
the transportation portion of the Planned Unit Development.
F. The Final Plan application shall demonstrate compliance with the
recommendations of the Colorado Geological Survey as stated in its
referral, dated March 9, 2000.
G. The applicant shall submit a copy of the Final Plat with street names to
be reviewed by the Weld County Sheriffs Office, Ault-Pierce Fire
Department, and the Post Office which will serve the development.
Comments from these agencies shall be submitted to Department of
Planning Services with the Final Plan application.
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H. A revised drainage study with hydrologic and hydraulic calculations shall
be submitted with the Final Plan application for review by the Weld
County Department of Public Works.
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,
etcetera) are expressly prohibited in the designated absorption field site.
J. The applicant shall contact Weld County School District RE-9, to finalize
a bus pick-up and drop-off location. The bus pick-up and drop-off location
shall be indicated on the plat.
K. 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).
5. Prior to recording final plat:
A. The Board of County Commissioners shall review and approve the signed
and dated Improvements Agreement According to Policy Regarding
Collateral for Improvements (Public Road Maintenance and Private Road
Maintenance) including the form of collateral. The security for the
Agreement shall be tendered and accepted by the Board of County
Commissioners.
B. The applicant shall submit evidence that the requirements of Weld
County School District RE-9 in the referral received April 16, 2001, have
been addressed.
C. Final covenants shall be reviewed and approved by the Weld County
Attorney's Office. Evidence of Weld County Attorney's Office approval
shall be submitted to the Department of Planning Services.
D. The applicant shall provide evidence to the Department of Planning
Services that the Plant Investment Fee portion of the "Tap Fee" and
engineering fee have been paid per the applicant's agreement with the
North Weld County Water District.
E. The Final Covenants shall be reviewed and approved by Weld County
Department of Public Health and Environment, with respect to
maintenance of the septic systems.
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6. Prior to the release of any building permits:
A. Street intersections shall be marked with signs showing street names and
address ranges prior to construction.
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 OUNTY COMMISSIONERS
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LIMO ATTEST: /� /�� (AYE)
04 ,a . . eile, C it
Weld County Clerk to the -�':rd 0v:.
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�lenn Vaad, P�Deputy Clerk to the Bo�f O ,c�4, i Yj� I (AYE)
UN ll Wi ' m H. Jerke
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Robert D. Masden
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Date of signature:
2001-2481
PL1548
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