HomeMy WebLinkAbout20020508.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #564 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FIVE (5) LOTS WITH
E (ESTATE) ZONE USES - FRAN GARCIA
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 27th of March, 2002, at 10:00 a.m. for the
purpose of hearing the application of Fran Garcia, 914 North 5th Street, Johnstown, Colorado
80534, requesting a Change of Zone from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District for a parcel of land located on the following described
real estate, to-wit:
Lot A of Recorded Exemption #2509; being part of
the NE1/4 of Section 6, Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Dan Leffler, Design Development
Consultants, 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 as follows:
a. Section 27-6-120.D.5.a -- The proposal is consistent with any
Intergovernmental Agreement (IGA) in effect influencing the PUD and
Chapters 19, 22, 23, 24, and 26 of the Weld County Code.
1) Section 22-2-60.A.1 (A.Goal 1) states, "Preserve prime farmland
for agricultural purposes which foster the economic health and
continuance of agriculture." The subject property is categorized
as "Prime" by the U.S.D.A. Farmlands of National Importance
Map, dated 1979, and lies within the A (Agricultural) Zone District.
Although this parcel is classified as "Prime," 29.2 acres is not
considered of sufficient size to farm economically.
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2) Section 22-2-60.G.2 (A.Policy 7) states, "The County recognizes
the right to farm." In order to validate this recognition Weld
County's Right to Farm statement has been established which
shall be incorporated on all pertinent land use plats. The
Department of Planning Services will require Weld County's Right
to Farm statement to appear on the recorded plat.
3) Section 22-2-170.C.2.b (R.Policy 3.2) states, "New Residential
development should demonstrate compatibility with existing
surrounding land use..." The existing surrounding land uses
include predominantly agricultural uses and associated rural
residential uses.
4) Section 22-3-50.B.1 (P.Goal 2) requires adequate facilities and
services to assure the health, safety, and general welfare of the
present and future residents of Weld County. The requirements
of the Weld County Department of Public Works, as stated in the
referral response dated September 18, 2001, shall assure
compliance with this Section.
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.
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 the Comprehensive Plan or Master Plan of affected
municipalities. The proposed site does not lie within any Urban Growth
Boundary (UGB) or Intergovernmental Agreement (IGA) areas, nor is the
applicant proposing urban scale development. The proposed PUD lies
within the three-mile referral areas of the Municipalities of Berthoud and
Johnstown, as well as Larimer County. The Town of Berthoud, in the
referral response received September 15, 2001, does not support the
proposed Change of Zone based on 1) designation of the area, by the
Town, as "Cropland Support Area/Separator Area," 2) the lack of
"clustering," and 3) "effective conservation measures." The Town of
Johnstown and Larimer County did not return a referral response.
d. Section 27-6-120.D.5.d -- The PUD shall be serviced by an adequate
water supply and sewage disposal system in compliance with the
Performance Standards outlined in Article II of the Weld County Code.
Domestic water and water for fire protection shall be provided by the Little
Thompson Water District. The State of Colorado, Division of Water
Resources, in the referral dated September 14, 2001, affirmed that
"pending receipt of the letter of obligation from the Little Thompson Water
District, the water supply is expected to be adequate." Each lot for the
proposed PUD shall have an Individual Sewage Disposal System
installed per the Weld County Department of Public Health and
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Environment requirements and specifications. The Department of Public
Health and Environment referral dated September 26, 2001, states "the
application has satisfied Chapter 27 of the Weld County Code in regard
to water service. Water is proposed to be provided by the Little
Thompson Water District. A water service agreement from the Little
Thompson Water District has been provided in the application materials.
Further, the application has satisfied Chapter 27 of the Weld County
Code in regard to sewer service. Sewer will be provided by Individual
Sewage Disposal Systems.
The minimum proposed lot size of 2.6 acres, coupled with the overall
density of one system per 5.8 acres, meets the Department of Public
Health and Environmental policy. The initial impact plan submitted in the
application materials appears to address all impacts as required by
Section 27-6-40 of the Weld County Code. The Conditions of Approval
and notes on the plat ensure that water and sewer issues will be
adequately addressed.
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 Zone District. The Weld County Department of Public Works
has submitted Conditions of Approval in the referral response, dated
September 18, 2001, that will ensure the street facilities providing access
to this proposal are adequate.
f. Section 27-6-120.D.5.f--An off-site road improvements agreement and
an on-site improvements agreement proposal are in compliance with
Chapter 24 of the Weld County Code. In the event the street or highway
facilities are not adequate, the applicant shall supply information which
demonstrates the willingness and financial capacity to upgrade the street
or highway facilities in conformance with the Weld County Code. This
shall be shown by submitting, with the PUD district application, a
separate proposal for on-site and off-site improvement agreements. This
proposal shall describe, in detail, the type of improvements in compliance
with Chapter 24, Article IX, to determine if the requirements for street or
highway facilities providing access to the property have been satisfied.
The method of guarantee shall conform with Weld County's policy
regarding Collateral for Improvements. Improvements to the internal
road will be required, and shall be ensured through the Improvements
Agreement at the Final Plan stage of the Planned Unit Development
process.
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. 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
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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.
h. Section 27-6-120.D.5.h -- Consistency has been demonstrated 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 Fran Garcia for a Change of Zone from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for five (5)
lots with E (Estate) 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 shall meet all requirements of Section 27-9-20 and
shall be amended to delineate the following:
A. Primary and secondary septic system envelopes shall be designated on
the plat. Each envelope must meet minimum current setbacks as
specified in the Weld County Individual Sewage Disposal System
(I.S.D.S.) Regulations.
B. The Landscape Plan and Maintenance Schedule, as approved by the
Department of Planning Services, shall adhere to the requirements of
Section 27-6-60 of the Weld County Code.
C. The Department of Public Works Comprehensive Transportation Plan
has designated Weld County Road 3 as a local gravel road requiring sixty
(60) feet of right-of-way. A total of thirty (30) feet from the centerline of
Weld County Road 3 shall be delineated on the plat.
D. The typical cross section of the internal road system that identifies the
width and depth of gravel, pavement, shoulders, drainage ditches, and
rights-of-way shall be shown on the plat.
E. All future signs, including entrance signs, street signs, and Stop signs, as
well as intersection sight distance triangles and street names, shall be
delineated on the plat. The name of the street shall not conflict with any
other street within the servicing United States Postal area.
F. All internal roadways shall have sixty (60) feet of right-of-way.
Cul-de-sacs shall have a sixty-five (65) foot right-of-way radius. If Weld
County is to assume maintenance of these roads, the roadway itself shall
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have twelve (12) foot paved lanes and four (4) foot gravel shoulders. The
cul-de-sac shall have a fifty (50) foot edge of driving lane radius.
2. Prior to recording the Change of Zone Plat:
A. The applicant shall submit a digital file of all drawings associated with the
Change of Zone application. Acceptable CAD formats are .dwg, .dxf,
.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).
B. The applicant shall provide the Department of Planning Services with
written evidence of the Berthoud Fire Protection District's approval of the
Fire Protection Plan (fire hydrant location, required building envelopes,
minimum fire flows, turning radius).
3. 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:
A. The PUD shall consist of five (5) residential lots, with 5.65 acres of open
space. The Change of Zone allows for E (Estate) Zone District bulk
requirements and uses on the residential lots and A (Agricultural) Zone
District bulk requirements, as indicated in the application materials, and is
subject to, and governed by, the Conditions of Approval stated herein and
all applicable Weld County regulations.
B. Water service shall be provided by the Little Thompson Water District.
C. A Weld County Septic Permit is required for each proposed home septic
system and 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.
D. 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,
etc.) are expressly prohibited in the designated absorption field site.
E. The applicant shall obtain a Storm Water 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.
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F. 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 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 which 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 Homeowners' Association (HOA) shall be established prior to the sale
of any lot. Membership in the HOA is mandatory for each parcel owner.
The HOA is responsible for liability insurance, taxes and maintenance of
open space, streets, private utilities, and other facilities. Open space
restrictions are permanent.
J. 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.
K. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
L. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County
Code, shall be recognized at all times.
M. Appropriate Building Permits shall be obtained prior to any construction
or excavation.
N. Building permits are required for dwellings and any accessory buildings
being constructed or moved onto the property. Buildings shall conform to
the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC, and
Chapter 29 of the Weld County Code.
O. Each building will require an engineered foundation based on a site-
specific geotechnical report or an "open hole" inspection conducted by a
Colorado Registered Professional Engineer. Engineered foundations
shall be designed by a Professional Engineer registered in the State of
Colorado.
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P. At the time an application is accepted for a building permit a Plan Review
will be required for each building. Two complete sets of plans are
required when applying for the permit. A complete review of the building
or structure may reveal other building issues or areas requiring attention.
Q. All construction or improvements occurring in the flood plain, as
delineated on Federal Emergency Management Agency FIRM
Community Panel Map 080266 0725C, dated September 28, 1982, shall
comply with the Flood Hazard Overlay District requirements of
Section 23-5, Division 3, of the Weld County Code.
R. Any signs located on the property shall require building permits and
adhere to Section 27-6-90 of the Weld County Code.
S. No development activity shall commence on the property, nor shall any
building permits be issued on the property until the Final Plan has been
approved and recorded.
T. The property owner shall be responsible for complying with all regulations
and requirements of Section 27 of the Weld County Code including the
Performance Standards listed in Articles II and VIII.
U. 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 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 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.
4. The Final Plan application shall adhere to Section 27-7-30 of the Weld County
Code and shall specifically address the following:
A. The Final Plan application shall include a complete Improvements
Agreement in accordance with Section 24-9-10 of the Weld County Code.
The agreement shall include the internal road, any trails, landscaping,
and any other appropriate construction elements. The applicant shall
indicate if the road maintenance will be the responsibility of the HOA, or if
the applicant will request that the road be placed on the County road
system.
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B. The Final Plan application shall specify the HOA's method of trail, open
space and/or landscape maintenance.
C. The draft covenants and HOA shall address open space maintenance
and landscaping in accordance with the approved Landscape Plan.
D. 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,
etc.) are expressly prohibited in the designated absorption field site.
E. The sixty (60) foot right-of-way for Weld County Road 3, as well as the
right-of-way for the internal roadway, shall be dedicated to the County.
F. A fifteen (15) foot perimeter and ten (10) foot lot line easement are
required for utilities on each lot. This shall be delineated on the Final Plat
Map.
G. Prior to submittal of the Final Plan plat:
1) The applicant shall attempt to address the requirements or
concerns of the Berthoud Fire Protection District, as stated in the
referral response received September 25, 2001. Evidence of
such shall be submitted in writing to the Weld County Department
of Planning Services.
2) Evidence shall be submitted to the Department of Planning
Services that the requirements of the Thompson School District
R2-J have been met.
3) 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 the release of any building permits:
A. The applicant shall supply designated street signs and a Stop sign at the
appropriate location adjacent to the entrance of the subdivision.
B. A Geologic Study, Drainage Study and Soils Report shall be supplied to
the Weld County Department of Building Inspection with blueprints when
applying for building permits.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C ORAIO
ATTEST: / ,� L 1 r� d
le Vaad, Chair
Weld County Clerk to the s'=t• v A - -
fir .avid E. -ng, Pro-Tem
Deputy Clerk to the Boar• ���� ��=- • � ,
M. J. eile
AP O D ASJOO:
�(((William H. Jerke
y torne ! . & M \
Robert D. asden
Date of signature:
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