HomeMy WebLinkAbout20142880.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ14-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
16 RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ALONG WITH ONE (1)
ACRE OF OPEN SPACE AND A 0.06 ACRE OUTLOT - GODDARD INVESTMENTS,
LLC, C/O PANORAMA ESTATES, LLC
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 September, 2014, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Goddard Investments,
LLC, Go Panorama Estates, LLC, 9075 CR 10, Fort Lupton, CO 80621, requesting a Change of
Zone from the A(Agricultural) Zone District to the PUD (Planned Unit Development)Zone District
for 16 Residential Lots with E (Estate) Zone Uses, along with one (1) acre of Open Space and a
0.06 acre outlot for a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption,RECX12-0025; being
part of the N1/2 SE1/4 of Section 8, Township 2
North, Range 67 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, the applicant requested the matter be continued until a hearing could take
place before a full quorum of the Board of County Commissioners. The Board deemed it
advisable to continue the matter to October 8, 2014, at 10:00 a.m.
WHEREAS, on October 8, 2014, the applicant was represented by Sheri Lockman,
Lockman Land Consulting, LLC, 36509 CR 41, Eaton, Colorado 80615, and
WHEREAS, Section 23-2-40 of the Weld County Code 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 recommendation 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 of the Weld County Code
as follows:
A. Section 27-6-120.D.5.a - The proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and Chapters
19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive
Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development) of the Weld County Code.
2014-2880
101 PL2289
CC' CAS I"'tieet.i, Fk APpL .3d
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, C/O PANORAMA
ESTATES, LLC
PAGE 2
1) Section 22-2-120.A (R.Goal 1) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to serve the residential development or district."
2) Section 22-2-120.C (R.Goal 3) states: 'Consider the compatibility
with surrounding land uses, natural site features, nearby
municipalities'comprehensive plans and general residential growth
trends when evaluating new residential development proposals."
3) Section 22-1-120.F.3 (R.Policy 6.3) states: "Roadway and/or
pedestrian connections to surrounding properties should be
included, where feasible, to ensure connectivity between adjoining
properties as they develop." The proposed PUD is located in an
urban area that is adjacent to an existing 30 plus lot subdivision,
Enchanted Hills. The Town of Firestone is located to the northwest
of the site and indicated no comments in the e-mail dated
August 26, 2014. The number of lots proposed and the location
next to an existing subdivision makes this an urban scale
development. The adjacent subdivision is an old subdivision with
gravel roads and no sidewalks. Therefore, staff is requiring paved
roads with gravel shoulders and no sidewalks.
B. Section 27-6-120.D.5.b-The uses which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II of the Weld County Code.
1) Section 27-2-40, Bulk requirements —The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District for
the sixteen (16) residential lots with the exception of Lot 16 that is
proposed to be 2.01 acres in size.
2) Section 27-6-80.6.7 states: "All urban scale development PUDs
containing a residential element shall provide for a fifteen-percent
common open space allocation, unless otherwise stated in
Chapter 26 of this Code."
3) Section 27-2-60 states: "Common open space is defined as any
usable parcel of land or water unimproved and set aside, dedicated,
designated or reserved for public or private use or for the use and
enjoyment of owners or occupants of land adjoining or neighboring
such area. Common open space includes landscape areas that are
not occupied by buildings or uses such as storage or service areas,
private courtyards, parking lots and islands. In all PUD districts,
except for those containing residential uses, common open space
may include landscape setbacks adjacent to roadways, where the
setbacks are not utilized as parking or storage areas. The amount
and type of common open space provided in a PUD Zone District
shall be proportional to the intensity of the zone districts called for in
2014-2880
PL2289
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, C/O PANORAMA
ESTATES, LLC
PAGE 3
the PUD or uses specified in the application, unless specifically
delineated in Chapter 26. Common open space shall be designed
to be useful to the occupants and/or residents of the PUD Zone
District for recreational and scenic purposes. Common open space
in the PUD Zone District shall be owned and maintained in
perpetuity by an organization established specifically for such
ownership and maintenance purposes." Although this site is
considered urban scale, based on having more than ten (10) lots
and being adjacent to an existing subdivision, this site is not located
within an urban growth boundary area or coordinated planning area
of a municipality. The applicant requested a waiver from the 15%
common open space allocation requirement due to the large lot
sizes and location of the proposed PUD. The existing subdivision to
the west is older and does not have common open space. However,
this subdivision was approved and developed prior to the PUD
regulations being in place. There is only one (1) acre of open space
proposed with this PUD. Staff is requested that, at a minimum, the
proposed drainage easements be included as open space. The
Board of County Commissioners granted the applicants' request for
a waiver of this requirement.
C. Section 27-6-120.D.5.c states: "Uses which would be permitted shall 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 Chapter 22 of the Weld County Code or master plans of
affected municipalities."This site is located within the three(3) mile referral
areas of the Towns of Frederick and Firestone. The Town of Frederick, in
the referral dated July 17, 2014, indicated no conflicts with its interests. No
referral response has been received from the Town of Firestone.
D. Section 27-6-120.D.5.d states: "The PUD Zone District shall be serviced by
an adequate water supply and sewage disposal system in compliance with
the Performance Standards in Article 11 the Weld County Code." The
Department of Public Health and Environment, in the referral dated July 11,
2014, indicates that the applicant has satisfied Chapter 27 in regards to
sewer service. Sewer will be provided by individual on-site wastewater
treatment systems. Water is proposed to be provided by the Central Weld
County Water District. The Colorado Division of Water Resources, in the
referral dated June 19, 2014, offered the opinion that with the District, as
the water supplier for the development, the proposed water supply can be
provided without causing material injury to existing water rights and the
supply is expected to be adequate.
E. Section 27-6-120.D.5.e states: "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 PUD Zone District"County Road (CR) 17 is designated on the
2014-2880
PL2289
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, CIO PANORAMA
ESTATES, LLC
PAGE 4
Weld County Road Classification Plan as a Gravel Local Road, which
requires 60 feet of right-of-way at full buildout. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from
the edge of future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
F. Section 27-6-120.D.5.f-An off-site Road Improvements Agreement and an
on-site Improvements Agreement proposal is in compliance with
Chapter 24 of the Weld County Code, as amended. A Road Improvements
Agreement is complete and has been submitted, if applicable. An
Improvements Agreement and Road Maintenance Agreement is required
prior to recording the final plat for this site. Road maintenance, including
dust control, damage repair, and triggers for improvements will be
included.
G. Section 27-6-120.D.5.g — Requires that there is compliance with the
applicable requirements contained in Chapter 23 of the Weld County Code
regarding overlay districts, commercial mineral deposits, and soil
conditions on the subject site. The site is not located within any overlay
district. Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
H. Section 27-6-120.D.5.h states: "Consistency exists between the proposed
zone district(s), uses, the specific or conceptual development guide."The
applicant requested this PUD be approved as a Specific Development
Guide versus a conceptual development. In the application, and in
subsequent conversations with the applicant, the applicant requested a
waiver from the 15% common open space requirement and to keep open
space at one (1) acre. Staff recommended the proposed drainage
easements be incorporated as open space outlots and be incorporated as
open space as a part of this PUD to bring the common open space to 7-8%
of the entire site. The Board of County Commissioners granted a waiver of
the open space requirements. Additionally, oil and gas setbacks are not
presently shown on the change of zone plat map and clarification regarding
types of gas lines needs to be provided to verify there is room for future
homes and outbuildings on the proposed lots.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Goddard Investments, LLC, do Panorama Estates, LLC,
for a Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for 16 Residential Lots with E (Estate) Zone Uses, along with one (1)
acre of Open Space and a 0.06 acre outlot on the above referenced parcel of land be, and hereby
is, granted subject to the following conditions:
1. Prior to recording the plat:
2014-2880
PL2289
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, C/O PANORAMA
ESTATES, LLC
PAGE 5
A. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. The applicant shall attempt to address the requirements (concerns) of the
New Coal Ridge Ditch Company, as stated in the referral letter from Lyons,
Gaddis, Kahn, Hall, Jeffers, Dworak, and Grant, responding on behalf of
New Coal Ridge Ditch Company dated June 19, 2014. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
C. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ14-0002.
2) The applicant shall adhere to the plat requirements in preparation of
the Change of Zone plat per Section 23-2-690 of the Weld County
Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat, along with the approved access permit
number.
4) All approved accesses shall be shown, along with the approved
access permit number.
5) CR 17 is designated on the Weld County Road Classification Plan
as a Local Gravel Road,which requires 60 feet of right-of-way at full
buildout. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be
noted on the plat. All setbacks shall be measured from the edge of
the future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
6) The internal road right-of-way shall be sixty (60) feet in width.
7) The typical cross section of the interior road shall be shown as two
12-foot paved lanes with 4-foot gravel shoulders (Rural Local
Paved—typical section).
8) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat per the setback
requirements of 23-3-440.L of the Weld County Code.
q
9) Identify the type of gas lines on the plat. Indicate if gas lines are flow
lines or high pressure gas lines.
2014-2880
PL2289
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, CIO PANORAMA
ESTATES, LLC
PAGE 6
D. 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 Change of Zone is from the (A) Agriculture Zone District to
PUD (Planned Unit Development) Zone District with 16 residential
lots with E (Estate) Zone uses, along with one (1) acre of open
space and a 0.06 acre outlot 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) The E (Estate) lots shall comply with all E (Estate) requirements
with the exception that Lot 16 does not meet the minimum
E (Estate) lot size requirement of 2.5 acres.
3) This subdivision is in rural Weld County and is not served by a
municipal sanitary sewer system. Sewage disposal shall be by
septic systems designed in accordance with the regulations of the
Colorado Department of Public Health and Environment (CDPHE),
Water Quality Control Division, and the Weld County Code in effect
at the time of construction, repair, replacement, or modification of
the system.
4) Water service shall be obtained from the Central Weld County
Water District.
5) 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.
6) 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 (APEN), and apply for a permit from the
CDPHE.
7) A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous
or non-contiguous land disturbance is greater than or equal to
one (1) acre in area. Contact the Water Quality Control Division of
the CDPHE at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
2014-2880
PL2289
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, C/O PANORAMA
ESTATES, LLC
PAGE 7
8) Language for the preservation and/or protection of the absorption
field shall be placed on the plat. The note shall state that activities
such as permanent landscaping, structures, dirt mounds or other
items shall not affect the absorption field site.
9) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be recognized
at all times.
10) A Homeowners'Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
owner.
11) Should noxious weeds exist on the property, or become established
as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II, of the Weld County Code.
12) The historical flow pattems and runoff amounts will be maintained
on the site.
13) All signs, including entrance signs, shall require building permits.
Signs shall adhere to the approved Sign Plan.
14) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code and requirements of the service providers.
15) A Building Permit will be required, for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. A Building Permit Application must be completed and
submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit
application. Currently the following have been adopted by Weld
County: 2012 International Codes; 2011 National Electrical Code;
and Chapter 29 of the Weld County Code. A plan review shall be
approved and a permit must be issued prior to the start of
construction.
16) A Fire District Notification Letter is required prior to the issuance of
the Building Permit.
17) The property owner shall be responsible for compiling with the
Performance Standards of Chapter 27, Article II and Article VIII, of
the Weld County Code.
18) Necessary personnel from the Weld County Departments of
Planning, Public Works, and Health shall be granted access onto
the property, at any reasonable time, in order to ensure the
2014-2880
PL2289
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, CIO PANORAMA
ESTATES, LLC
PAGE 8
activities carried out on the property comply with the Conditions of
Approval stated herein and all applicable Weld County regulations.
19) 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
three (3)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.
20) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
E. With the Change of Zone plat map,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).
2. At the time of Final Plan submission:
A. The applicant shall submit a set of sign standards, as required by Section
27-6-90.E.1 of the Weld County Code, for review and approval.
B. The applicant shall submit Development Covenants for Panorama Estates
PUD. The Covenants shall address that state: "Activities such as
landscaping (i.e. planting of trees and shrubs) and construction (i.e.
auxiliary structures, dirt mounds, etc.) activities shall not affect the
designated absorption field site." The Covenants shall also address
signage requirements and refer to the Weld County Code.
C. Intersection sight triangles at the development entrance will be required.
All landscaping within the triangles must be less than 2%feet in height at
maturity, and noted on the final roadway plans.
2014-2880
PL2289
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, C/O PANORAMA
ESTATES, LLC
PAGE 9
D. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations, and dimensioned on the final plat.
Easements shall follow rear and side lot lines and shall have minimum total
width of twenty (20) feet apportioned equally on abutting properties.
Where front line easements are required, a minimum of fifteen (15) feet
shall be allocated as a utility easement.
E. The applicant shall submit to Public Works a stamped, signed and dated
final plat drawings and Roadway/Construction and Grading Plan drawings
for review. Construction details must be included. Stop signs and street
name signs will be required at all intersections and shown on the final
Roadway Construction Plans.
F. An accepted Final Drainage Report stamped and signed by a professional
engineer registered in the State of Colorado is required.
G. Final Grading, Drainage, Construction, Erosion and Sediment Control
Plans, and Water Quality Control Plans (conforming to the drainage report)
stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted for review and approval.
H. The applicant shall provide additional information pertaining to the plant
materials, including common, botanical and species names, size at
installation, and any additional information deemed necessary, if any, for
the front entrance way and open space areas.
The applicant shall submit a Re-vegetation Plan of all disturbed areas
during construction. The plan shall include information regarding plant
type, installation methods and maintenance.
J. The applicant shall demonstrate how the proposed plant material will be
watered.
K. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
L. The Weld County Building Technician will provide addresses at the time of
Final Plat. The subdivision street names and lot addresses shall be
submitted to the Mountain View Fire Protection District, the Weld County
Sheriff's Office, Ambulance provider, and the Post Office for review.
Written evidence of approval shall be submitted to the Weld County
Department of Planning Services.
2014-2880
PL2289
CHANGE OF ZONE, PUDZ14-0002, GODDARD INVESTMENTS, LLC, C/O PANORAMA
ESTATES, LLC
PAGE 10
M. 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 recording the Final Plat:
A. The applicant shall attempt to address the requirements (concerns) of the
Mountain View Fire Protection Districts, as stated in the referral response
dated July 16, 2014. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
B. Original copies of the approved covenants, along with the appropriate
recording fee (currently $6.00 for the first page and $5.00 for subsequent
pages) shall be submitted to the Weld County Department of Planning
Services.
C. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
D. An Improvements Agreement will be required prior to recording of the Final
Plat. The agreement and form of collateral shall be accepted by the Board
of County Commissioners prior to recording.
E. The applicant shall demonstrate that the school bus stop location and
mailbox placement meets the intent of the Americans with Disabilities Act
(ADA) for access. The Department of Building Inspection shall review the
proposed structures for compliance with all applicable codes as warranted.
Evidence of approval shall be submitted to the Department of Planning
Services.
2014-2880
PL2289
CHANGE OF ZONE (PUDZ14-0002) -GODDARD INVESTMENTS, LLC, CIO PANORAMA
ESTATES, LLC
PAGE 11
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,`Y,COLORADO
ATTEST: "a 1y 'Y(_� C ;e' i)t2 (ate -Gfa„ne ✓
�ugl; Rademacher Chair
Weld County Clerk to the Board
Vet
\`� ",�bara Kirkmeyer, Pro-Tern
B o..,l r,�Qa,. et
edtlty `J-Clerk to the Boar, 1161 ,E
P. C onway
AP TO FORM:
ike Freemen
County Attorney
Willia0 cia
Date of signature: 16/2I
2014-2880
PL2289
Hello