HomeMy WebLinkAbout991989.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #524 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR 353 LOTS WITH
RESIDENTIAL USES -WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY
CARLSON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute arid 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 4th day of August, 1999, at 10:00 a.m. for
the purpose of considering the application of Western Dairymen Cooperative, Inc., %% Clay
Carlson 12460 1st Street, P.O. Box 247, Eastlake, Colorado 80614, for a Change of Zone from
the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for 353
lots with Residential Zone uses for a parcel of land located on the following described real
estate, to-wit:
Part of the NE% of Section 10, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on August 4, 1999, the Board deemed it advisable to
continue said matter to September 1, 1999, at 10:00 a.m., to allow the applicant adequate time
to receive a full water commitment from the Left Hand Water District, and
WHEREAS, at said hearing on September 1, 1999, the Board deemed it advisable to
continue said matter to October 6, 1999, at 10:00 a.m., to allow staff adequate time to review
the Subdivision/Multiple Tape Service Agreement between the applicant and the Left Hand
Water District, and
WHEREAS, at said hearing on October 6, 1999, the applicant was present and
represented by Clay Carlson, and
WHEREAS, Section 5.3 of the Weld County Planned Unit Development Ordinance
provides standards for review of such a 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
5.3 et seq., of the Weld County Planned Unit Development Ordinance.
2. The submitted materials are in compliance with Section 6.4.4 of the Weld County
Planned Unit Development Ordinance #197 as follows:
991989
1. PL1321
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN
COOPERATIVE, INC., `/o CLAY CARLSON
PAGE 2
A. Section 6.4.4.6.1 -- The proposal is consistent with the Comprehensive
Plan, Mixed Use Development Ordinance if applicable, any
Intergovernmental Agreement in effect influencing the Planned Unit
Development, and the Weld County Zoning and Subdivision Ordinances.
UGB.Goal 2 states, "Concentrate urban development in or adjacent to
existing municipalities or the 1-25 Mixed Use Development area and
maintain urban growth boundary areas that provide an official designation
between future urban and non-urban uses." The proposed subdivision is
located within the 1-25 Mixed Use Development area.
B. Section 6.4.4.6.2 -- 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 contained in Section 2 of
the Planned Unit Development Ordinance. The Department of Planning
Services' staff has determined that the submitted application does comply
with the 20 standards described in Section 2.
C. Section 6.4.4.6.4 -- The Planned Unit Development Zone District shall be
serviced by an adequate water supply and sewage disposal system in
compliance with the Performance Standards in Section 2 of the Planned
Unit Development Ordinance. The Left Hand Water District will provide
public water to the site and the St. Vrain Sanitation District will provide
public sewer service.
D. Section 6.4.4.6.6 -- In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates
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 Mixed Use
Development Ordinance, if applicable. This shall be shown by
submitting, with the Planned Unit Development District application, a
separate proposal for on-site and off-site improvement agreements. This
proposal shall describe, in detail, the type of on-site improvements in
compliance with Section 12 of the Subdivision Ordinance and off-site
road improvements in compliance with Section 13 of the Subdivision
Ordinance, 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 Weld County's policy regarding collateral for
improvements. Weld County Road 7.5, delineated on the Mixed Use
Development Structural Transportation Map 2.2 as a four-lane arterial
with a raised median, will provide access to the site. Improvements to
the existing access will be required, and shall be ensured through the
Improvements Agreement.
E. Section 6.4.4.6.7 --There has been compliance with the applicable
requirements contained in the Zoning Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject
991989
PL1321
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN
COOPERATIVE, INC., % CLAY CARLSON
PAGE 3
site. A portion of the subject site does lie within the designated flood
plain. Provision for appropriate permitting within this area has been
made through the Conditions of Approval.
F. Section 6.4.4.6.8 -- Consistency exists between the proposed Zone
District, uses and the Specific or Conceptual Development Guide. The
submitted Development Guide accurately reflects the performance
standards and allowed uses described in the proposed Zone District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Western Dairymen Cooperative, Inc., % Clay
Carlson, for a Charge of Zone from A (Agricultural) to a PUD (Planned Unit Development)
Zone District for 353 lots with Residential Zone uses 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 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the Change of Zone plat:
A. The applicant shall submit evidence to the Department of Planning
Services from the Left Hand Water District which indicates that an
agreement has been reached and that water is currently available.
B. In accordance with Section 9.3.2.5, the applicant shall submit an
expanded description of the proposed "outdoor classroom", as specified
in the sketch plan application materials. This document shall clarify the
issue of ownership and maintenance of all proposed open space.
C. The landscape map shall be amended to provide a typical cross section
which delineates the dimensions and type of trail material in accordance
with Section 9.3.2.5 of the Planned Unit Development Ordinance.
D. The applicant shall submit evidence to the Department of Planning
Services verifying that the American Medical Response of Colorado has
the capability and willingness to adequately serve the proposed
development.
E. The applicant shall submit a Planning Area Profile in accordance with
MUD. Policy 6.22. The profile should contain public facilities and services
data, socio-economic data, natural environmental resources, and visual
and cultural resources. The purpose of this information would be to
provide the user with the existing conditions, opportunities, and
constraints within the 1-25 Mixed Use Development area.
991989
PL1321
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN
COOPERATIVE, INC., % CLAY CARLSON
PAGE 4
F. The applicant shall contact the Weld County Long Range Planner to
investigate the potential for connection of the recreational trail to planned
regional trails in the area in accordance with MUD.TGoal 2 which states,
"Promote a pedestrian trail system to service transportation and
recreation purposes within the MUD area."
G. The applicant shall submit a copy of the approved agreement between
School District RE-1J and the applicant regarding the proposed school
site. If the School District does not accept the proposed school site for
dedication, the applicant shall submit evidence from the School District
that another form of exaction is acceptable.
H. The applicant shall include, in the draft Improvements Agreement,
provision for a pedestrian crossing mechanism from the entrance to the
pedestrian lots on the east side of Weld County Road 7.5 to the open
space on the west. The proposed crossing device shall be submitted to
the Weld County Department of Planning Services for review and
approval.
The island section between the ingress and egress lanes at the accesses
to the school site shall be redesigned to allow storage lanes for left turn in
and acceleration lane out. Such redesign shall conform either to the
State Highway Access Code or to the AASHTO Design Manual.
Questions regarding this redesign shall be addressed to the Weld County
Public Works Department. The approved redesign shall be delineated on
the Change of Zone plat.
J. The applicant shall design a low-level, raised median and shall avoid
heavy landscaping adjacent to any turning lane or intersection to avoid
sight distance problems for traffic movement and pedestrian crossings.
The applicant shall place, on the Change of Zone plat, a note describing
the nature and location of this amended cross section.
K. The Change of Zone plat shall meet all requirements of Section 9.2 of the
Planned Unit Development Ordinance, and shall be amended to include
the following:
1) The plat shall delineate the "outdoor classroom" as specified in
the sketch plan application materials.
2) The plat shall delineate right-of-way, parking, curb, gutter and
sidewalks on the interior road as specified in the Weld County
Department of Public Works referral dated February 16, 1999.
3) The plat shall identify the typical road cross section shall be
amended to conform to Figure 2.10 of the Mixed Use
Development design standards.
991989
PL.1321
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN
COOPERATIVE, INC., % CLAY CARLSON
PAGE 5
4) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area. Evidence of Postal
Service approval shall be submitted to the Department of Planning
Services.
5) If an agreement between the School District and the applicant
cannot be obtained regarding the proposed school site, or if the
applicant chooses not to propose a school site, the area currently
identified as "Elementary School with Playground and Park" shall
be replaced with other open space amenities, as described in
Sections 2.5 of the Planned Unit Development Ordinance and
Section 2.3 of the Mixed Use Development Ordinance.
6) The plat shall delineate the three crosswalks which will allow
pedestrian traffic to cross Weld County Road 7.5. The applicant
shall utilize the manual on Uniform Traffic Control Devices for
School Areas to properly sign and stripe the three areas. In
accordance with the St. Vrain Valley School District referral
response, the Change of Zone plat shall also identify the location
of the "flashing beacons" which shall be incorporated into the
traffic control design.
L. The following notes shall be delineated on the Change of Zone plat:
1) The Planned Unit Development shall consist of 353 lots approved
for Residential Zone District uses and common open space. The
Change of Zone allows for Residential uses which shall comply
with the Residential Zone District requirements as set forth in
Section 32 of the Weld County Zoning Ordinance. The common
open space shall be owned and maintained in accordance with
Section 6.3.5 of the Planned Unit Development Ordinance.
2) Water service shall be provided by the Left Hand Water District.
3) Sewage disposal service shall be provided by the St. Vrain
Sanitation District.
4) In the event that five (5) or more acres are disturbed during the
construction of the site, the applicant shall obtain a Stormwater
Discharge Permit from the Water Quality Control Division of the
Colorado Department of Public Health and Environment. Silt
fences shall be maintained on the downgradient portion of the site
during all phases of the construction project.
5) 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
991989
PL1321
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN
COOPERATIVE, INC., % CLAY CARLSON
PAGE 6
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
6) 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.
7) 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.
8) The site shall adhere to and maintain compliance with the Flood
Hazard Overlay District requirements as specified in Sections 26
and 53 of the Weld County Zoning Ordinance.
9) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
10) All development shall adhere to the requirements of the Mountain
View Fire Protection District.
11) Any signage located on the property shall require building permits
and adhere to Section 6.3.6.3 of the Weld County Planned Unit
Development Ordinance when applicable.
12) Prior to the release of any building permits, foundations shall be
engineered at each separate building site.
13) 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.
14) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
15) The applicant shall comply with Section 8.7 of the Weld County
Planned Unit Development Ordinance 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
991989
PL1321
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN
COOPERATIVE, INC., % CLAY CARLSON
PAGE 7
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. The Final Plan application shall adhere to Section 7.3 of the Weld County
Planned Unit Development Ordinance, and shall specifically address the
following:
A. The Final Plan Application shall include a Road Improvements
Agreement for Off-Site Improvements with Weld County which includes
the future expansion of Weld County Road 7.5, as well as any necessary
improvements to the intersection of Weld County Road 7.5 and State
Highway 119.
B. The Final Plan application shall include Improvements Agreements in
accordance with Sections 12 and 13 of the Weld County Subdivision
Ordinance. The agreements shall include streets, curbs, gutters,
sidewalks, emergency accesses, trails, landscaping of the common open
space and any other appropriate construction elements. The
Improvements Agreements shall further demonstrate compliance with all
recommendations of the Weld County Public Works Department, as
described in a letter from the Weld County Transportation Consultant
dated April 9, 1999, and in a letter from the Weld County Public Works
Department dated April 28, 1999.
C. The Final Plan application shall include evidence that the conditions of
the St. Vrain Sanitation District have been addressed and that taps are
available.
D. The Final Plan application shall include evidence that the conditions of
the Left Hand Water District have been addressed and that taps are
available.
E. The Final Plan application shall include evidence that the conditions of
the St. Vrain Valley School District RE-1J have been addressed.
F. The Final Plan application shall specify the Homeowners' Association's
method of trail maintenance.
991989
PL1321
CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN
COOPERATIVE, INC., % CLAY CARLSON
PAGE 8
G. The draft covenants shall include the Right to Farm Covenant contained
in the Weld County Comprehensive Plan.
H. The draft covenants and Homeowners' Association shall address open
space maintenance and landscaping in accordance with Section 6.3.3.2.
4. Prior to recording the Final Plat:
A. The applicant shall obtain a new access permit from the Colorado
Department of Transportation. Evidence of approval by the Colorado
Department of Transportation shall be forwarded to the Department of
Planning Services.
5. Prior to the release of any building permits:
A. The applicant shall supply designated street and stop signs, as required
by the Weld County Public Works Department, at the appropriate location
adjacent to Weld County Road 7.
•
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of October, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
��.�``LA/ ` WELD COUNTY, COLORADO
ATTEST: r f/ EXCUSED
/‘(.iN• ' �� Dal K. Hall, Chai ✓/Weld County Clerk t.I ��.119::IP NV . /` t om, `Barba -J.-Kirkmey r, Pro-Tem
Deputy Clerk to the '`4 V�j�
i�
George E. xter
PR ED AS TO .•
. J. ile
unty or e
Glenn Vaad
991989
PL1321
Hello