HomeMy WebLinkAbout20133025.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ13-0002, FROM THE R-1 (RESIDENTIAL) ZONE
DISTRICT TO A ONE LOT PUD (PLANNED UNIT DEVELOPMENT) WITH
E (ESTATE) ZONE DISTRICT USES - JONATHAN SCUPIN AND ANN NASH
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 30th day of October, 2013, at 10:00 a.m.,
for the purpose of hearing the application of Jonathan Scupin and Ann Nash, 13941 Elmore
Road, Longmont, CO 80504, requesting a Change of Zone, PUDZ13-0002, from the R-1
(Residential) Zone District to a One Lot PUD (Planned Unit Development) with E (Estate) Zone
District Uses, for a parcel of land located on the following described real estate, to -wit:
Lot 2, Block 2, Seemore Heights 1st Addition; being
part of Section 30, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present and represented by Matthew Crowther, 916 10th
Street, Greeley, CO 80631, 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 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 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 Chapters 19, 22, 23, 24, and 26 of the Weld County
Code.
B. Section 27-6-120.D.5.b -- The uses which will be allowed on the subject
property will conform to the Performance Standards outlined 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 Zone District and with the future
development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities. The density, design and location
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2013-3025
PL2245
CHANGE OF ZONE, PUDZ13-0002, FROM R-1 (RESIDENTIAL) ZONE DISTRICT TO PUD -
JONATHAN SCUPIN AND ANN NASH
PAGE 2
of land uses within and adjoining a PUD shall be designed to be
compatible with other uses within and adjoining the PUD. Compatible
uses shall be determined by evaluating the general uses, building height,
setback, offset, size, density, traffic, dust, noise, harmony, character,
common open space, screening, health, safety and welfare of the PUD in
relation to surrounding uses.
D. Section 27-6-120.D.5.d -- There is evidence that adequate public water
and sewer will be made available to the site to serve the uses permitted
within the proposed Planned Unit Development in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County
Code.
E. Section 27-6-120.D.5.e -- 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 in the proposed Zone
District.
F. Section 27-6-120.D.5.f -- In the event the street or highway facilities are
not adequate, the applicant will supply information which demonstrates
the willingness and financial capacity to upgrade the street or highway
facilities in conformance with the Transportation Section of Chapters 22,
24, and 26, 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 road improvements. This proposal shall describe,
in detail, the type of on -site improvements in compliance with Section
24-9-10 and off -site road improvements in compliance with Section
24-9-20, 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 County policy regarding collateral for
improvements.
3. This specific Change of Zone application is recommended for approval based
upon compliance with Chapter 27 requirements. The applicant has requested an
Administrative review at Final Plat, and the Department of Planning Services is in
favor of this request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Jonathan Scupin and Ann Nash for a Change of
Zone, PUDZ13-0002, from the R-1 (Residential) Zone District to a One Lot PUD (Planned Unit
Development) with E (Estate) Zone District Uses on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ13-0002.
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CHANGE OF ZONE, PUDZ13-0002, FROM R-1 (RESIDENTIAL) ZONE DISTRICT TO PUD -
JONATHAN SCUPIN AND ANN NASH
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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 shall be shown and dimensioned
on the Change of Zone plat.
4) Show the approved access on the plat and label it with the
approved access permit number (AP12-00410).
5) County Road (CR) 1.5 is designated on the Weld County Road
Classification Plan as a local paved road [Elmore 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.
This road is maintained by Weld County.
B. 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 PUD Change of Zone, PUDZ13-0002, is from R-1 (Low
Density Residential) to PUD (Planned Unit Development) with E
(Estate) Zone District uses, 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 Bulk Standards Requirement, as delineated in Section 23-3-
160, Table 23.4, for Estate Zone Districts.
3) Water service shall be obtained from the Longs Peak Water
District.
4) 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, Water
Quality Control Division, and the Weld County Code in effect at
the time of construction, repair, replacement, or modification of the
system.
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CHANGE OF ZONE, PUDZ13-0002, FROM R-1 (RESIDENTIAL) ZONE DISTRICT TO PUD -
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5) 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, are expressly prohibited in the absorption field site.
6) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on
the plat and recognized at all times.
7) There is a Confined Animal Feeding Operation one-half mile to the
east to this development, USR-1257 Docheff Dairy — 1,800 cows
and 24 horses. Residents should be made aware that there may
be traffic, noise, flies and odors associated with these activities.
8) All signs, including entrance signs, shall require building permits.
Signs shall adhere to the approved Sign Plan.
9) Sources of light shall be shielded so that light rays will not shine
directly onto adjacent properties where such would cause a
nuisance or interfere with the use of the adjacent properties in
accordance with the plan. Neither the direct, not reflected, light
from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic
control devices.
10) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code and requirements of the service providers.
11) Building and Electrical Permits may be required for any new
construction, alteration, or addition to any building on the property,
per Section 29-3-10 of the Weld County Code. Currently, the
following codes have been adopted by Weld County: 2012
International Codes, 2006 International Energy Code, and 2011
National Electrical Code.
12) Building height shall be measured in accordance with the 2012
International Building Code for the purpose of determining the
maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk
requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the
Weld County Code to determine compliance with offset and
setback requirements. Offset and setbacks are measured from
the farthest projection from the building. Property lines shall be
clearly identified and all property pins shall be staked prior to the
first site inspection.
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CHANGE OF ZONE, PUDZ13-0002, FROM R-1 (RESIDENTIAL) ZONE DISTRICT TO PUD -
JONATHAN SCUPIN AND ANN NASH
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13) The historical flow patterns and runoff amounts will be maintained
on the site.
14) 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.
15) The property owner shall be responsible for compiling with the
Performance Standards of Chapter 27, Articles II and VIII, of the
Weld County Code.
16) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County
regulations.
17) The site shall maintain compliance, at all times, with the
requirements of the Weld County Departments of Public Works,
Public Health and the Environment, and Planning Services, and
adopted Weld County Code and Policies.
18) Building Permits issued on the lot will be required to adhere to the
fee structure of the County -Wide Road Impact Fee Program.
19) Building Permits issued on the lot will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
20) 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
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CHANGE OF ZONE, PUDZ13-0002, FROM R-1 (RESIDENTIAL) ZONE DISTRICT TO PUD -
JONATHAN SCUPIN AND ANN NASH
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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.
21) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
2. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within one hundred twenty (120) days of approval by the
Board of County Commissioners. 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).
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. At the time of Final Plan submission:
A. 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.
B. 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 ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable).
C. A Site Specific Development Plan and Use by Special Review Permit
(USR) for a Kennel land use application and associated fee should be
submitted for referral and processing by the Department of Planning
Services.
2013-3025
PL2245
CHANGE OF ZONE, PUDZ13-0002, FROM R-1 (RESIDENTIAL) ZONE DISTRICT TO PUD -
JONATHAN SCUPIN AND ANN NASH
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2013.
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the
ounty Attorney
APP
Date of signature: 1111I/I)
f7
BOARD OFy"'OUNTY COMMISSIONERS
WELD C�Y . COLORADO
WillianfP. Grcia, Chair
ougl-s Radema er, •ro- em
Sean P. Conway
01 LAC '44..----
Mi Freeman,
Barbara Kirkmeyer
2013-3025
PL2245
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