HomeMy WebLinkAbout20121926 RESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ12-0002, TO AMEND THE CHANGE OF ZONE
PLAT OF SIERRA ACRES PLANNED UNIT DEVELOPMENT (PZ-1089) TO ALLOW A
SINGLE-FAMILY RESIDENCE TO BE BUILT ON OUTLOT 3 - PODTBURG SONS
DAIRY, 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, the Board of County Commissioners held a public hearing on the 25th day
of July, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Podtburg Sons Dairy, LLC, 12699 CR 66, Greeley, Colorado 80631,
for a Change of Zone, PUDZ12-0002, for a request to amend the Change of Zone Plat of Sierra
Acres Planned Unit Development (PZ-1089) to allow a single-family residence to be built on
Outlot 3 in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Outlot 3, Sierra Acres PUD; Being part of
Section 19, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, LLC, 4350 State Highway 66, Longmont, Colorado 80504, 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 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. The proposed site
is not influenced by an Intergovernmental Agreement. The proposal is
consistent with the aforementioned documents, as follows:
1) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
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an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes,
or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should
be considered, but should not determine the appropriateness of
such conversion." Sierra Acres is located in a nonurban area.
Sierra Acres currently has nine (9) residential lots. However,
Outlot 3 (proposed Lot 10), though technically a part of Sierra
Acres PUD, is separated from the rest of the PUD by the Greeley
No. 2 Ditch and will have its own separate access onto County
Road (CR) 27. A paved internal road system is, therefore, not
required.
B. Section 27-6-120.D.5.b - The uses which will 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 27-2-20, Access Standards — Outlot 3 (proposed Lot 10)
is separated from the remaining residential lots in Sierra Acres
PUD by the Greeley No. 2 Canal. A separate access to the lot off
of CR 27 will be required and an access permit approval is
required as a Condition of Approval.
2) Section 27-2-40, Bulk Requirements — The only change to the
existing Sierra Acres PUD is to allow one (1) single family
residence to be constructed on Outlot 3 of Sierra Acres PUD.
3) Section 27-2-190 Urban Scale Development: "Urban scale
developments are developments exceeding nine (9) lots and/or
located in close proximity to existing PUDs, subdivisions,
municipal boundaries or urban growth corridors and boundaries.
All urban scale developments shall pave the internal road systems
of the development. Urban scale development requires support
services such as central water, sewer systems, road networks,
park and recreation facilities and programs, and storm drainage."
Sierra Acres is located in a nonurban area and currently has (9)
residential lots. However, Outlot 3 (proposed Lot 10), though
technically a part of Sierra Acres PUD, is separated from the rest
of the PUD by the Greeley No. 2 Ditch and will have its own
separate access onto CR 27. A paved internal road system is,
therefore, not required. The applicant has met the remaining
Performance Standards, as delineated in Section 27-2-10 of the
Weld County Code. The Conditions of Approval ensure
compliance with Sections 27-2-20 through 27-2-220 of the Weld
County Code.
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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 zoning, and with the future development
as projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The subject property lies within the three-mile
referral area of the City of Greeley, Town of Severance and Town of
Windsor. No referral response has been received from these
municipalities.
D. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with
the Performance Standards in Chapter 27, Article II, of the Weld County
Code. The proposed residence will be supplied by the North Weld County
Water District and by an individual sewage disposal system.
E. 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 of the
proposed PUD Zone District. The approved access permit number will be
required to be shown on the plat for the access into the site off of CR 27.
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 and a Road Improvements Agreement is
complete and has been submitted, if applicable. No off-site or on-site road
improvements will be required.
G. Section 27-6-120.D.5.g - There has been 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. Outlot 3 is not located within the floodplain. The potential for
commercial mineral deposits for Sierra Acres PUD was already reviewed
under the original Sierra Acres PUD (PZ-1089). Effective April 25, 2011,
building permits issued on the proposed lots will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
Effective April 25, 2011, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s), uses, and the Specific Development Guide.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Podtburg Sons Dairy, LLC, for Change of Zone,
PUDZ12-0002, for a request to amend the Change of Zone Plat of Sierra Acres Planned Unit
Development (PZ-1089) to allow a single-family residence to be built on Outlot 3, on the parcel
of land described above be, and hereby is, granted subject to the following conditions based
upon compliance with Chapter 27 requirements of the Weld County Code:
1. Prior to recording the Amended Change of Zone plat:
A. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDZ12-0002.
2) The approved Change of Zone plat notes.
3) CR 27 is designated on the Weld County Road Classification Plan
as a local paved 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.
4) Show the residential access point labeled with the Access Permit
number (AP12-00161).
5) 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.
6) Sierra Acres Outlot 3 shall be renamed to Lot 10.
2. The Amended Change of Zone is conditional upon the following and that each
shall be placed on the Amended Change of Zone plat as notes prior to recording:
A. The Site Specific Development Plan is for an Amended PUD Change of
Zone, PUDZ12-0002, from the A (Agricultural) Zone District to E (Estate)
Zone District for nine (9) residential lots with E (Estate) Zone uses; one
outlot with agricultural uses that is non-buildable for residential structures
(Outlet 1) at 17.9 acres; and one Agricultural lot (lot 10) buildable for one
(1) single-family residence at 23.9 acres: and 0.3 acres of open space
(Sierra Acres PUD). The PUD will be subject to, and governed by, the
Conditions of Approval stated hereon and all applicable Weld County
regulations.
B. The purpose of this amended Change of Zone is to change Outlot 3 to Lot
10. Lot 10 shall be changed from an agricultural outlot that is
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non-buildable for residential purposes, to an agricultural outlot that is
buildable for residential purposes allowed under Section 23-3-20.A of the
Weld County Code.
C. Agricultural Outlot 1 is non-buildable for residential structures. Only
agricultural and exempt structures are permitted on Outlot 1.
D. Water service shall be obtained from the North Weld County Water
District.
E. This PUD 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.
F. 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 Department of
Public Health and Environment, a Fugitive Dust Control Plan must be
submitted.
G. 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 that are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. 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.
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 acre in area. The
applicant shall contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit, for more information.
J. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction activities (i.e. auxiliary structures, dirt mounds, etc.) are
expressly prohibited in the designated absorption field site.
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K. There are Confined Animal Feeding Operations in close proximity to this
development. Residents should be aware that there may be flies and
odors associated with these activities.
L. Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County
Code, shall be allowed on Lots 1-9 subject to the Auxiliary Quarters
requirements, with the exception of the minimum lot size requirement.
M. A building permit may be required for any new construction, alteration, or
addition to any building on the property. A Building Permit Application
must be completed and two complete sets of plans, including engineered
foundation plans bearing the wet stamp of a Colorado registered architect
or engineer, must be submitted for review. A Geotechnical Engineering
Report performed by a Colorado registered engineer or a open hole
inspection shall be required.
N. 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: 2006 International Building Code,
2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Energy Code, 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.
O. All signs, including entrance signs, may require building permits. Signs
shall adhere to Chapter 23, Article 4, Division 2, and Appendix 23-C
through 23-E of the Weld County Code. These requirements shall apply
to all temporary and permanent signs.
P. Effective April 25, 2011, building permits issued on the proposed lot will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program.
Q. Effective April 25, 2011, building permits issued on the proposed lot will
be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
R. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
S. Prior to all new construction, a letter of approval from the
Windsor/Severance Fire Protection District shall be submitted to the
Department of Building Inspection.
T. Building height shall be measured in accordance with the applicable
Building Code for the purpose of determining the maximum building size
and height for various uses and types of construction and to determine
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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 in order to determine compliance
with offset and setback requirements. Off-set and setback requirements
are measured to the farthest projection from the building.
U. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code.
V. 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 stated herein and all applicable Weld County
regulations.
W. The site shall maintain compliance, at all times, with the requirements of
the Weld County Departments of Public Works, Public Health and
Environment, Planning Services, and state and federal agencies and the
Weld County Code.
X. Property shall be maintained in such a manner that grasses and weeds
are not permitted to grow taller than twelve (12) inches. In no event shall
the property owners allow the growth of noxious weeds.
Y. No residential development activity shall commence on Lot 10, nor shall
any residential building permits be issued on Lot 10, until the Final Plan
has been approved and recorded.
Z. The Amended PUD Change of Zone shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning. Upon approval of the paper copies, the
applicant shall submit a Mylar plat, along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within one-hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
4. 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
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(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.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. 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). This digital file may be sent to
maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTYygOLORADO
ATTEST:�j
p.
Sean P. Croy,a Chair
Weld County Clerk to the Board
CJ-0-Y\-11\--
Wi1*(1'
z,am`F. Garcia, Pro�Tem
BY: ( 1Y1�O
Deputy Clerk to the Board � 1 . /_ 1�,,~
a ; Kirk eyer
f,Pz41D AS Rm: 1861 Ci
avid E. Lon 1 '� 1
County Attorney
Dougla Rademach r
Date of signature: S'a't'e a'
2012-1926
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