HomeMy WebLinkAbout20020273.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #567 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FIVE (5)
RESIDENTIAL LOTS WITH ESTATE ZONE USES AND 20.7 ACRES OF OPEN
SPACE - PETER HYLAND
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 day of February, 2002, at 10:00 a.m.
for the purpose of hearing the application of Peter Hyland 7680 Weld County Road 74,
Windsor, Colorado 80550, requesting a Change of Zone from the A (Agricultural) Zone District
to a PUD (Planned Unit Development) Zone District for a parcel of land located on the following
described real estate, to-wit:
Lot C of Recorded Exemption #2759; being part of
the NW1/4 of Section 26, Township 7 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present, 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 in effect influencing the Planned Unit
Development and Chapters 19 (Coordinated Planning Agreements),
Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of this Code.
The proposed site is not influenced by an Intergovernmental Agreement.
The proposal is consistent with the aforementioned documents as
follows:
1) Section 22-2-60.A.1 --A.Goal 1 states, "Preserve prime farmland
for agricultural purposes which foster the economic health and
continuance of agriculture." Section 22-2-60.1.1 (A.Goal 9)
indicates that eighty (80) acres is considered the minimum lot size
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CHANGE OF ZONE #567 FROM A (AGRICULTURAL) TO PUD - PETER HYLAND
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for a viable farming operation. The subject parcel is 137.5 acres
net in size and is classified as "prime if irrigated" farmland on the
Important Farmlands of Weld County Map. Historically the
subject parcel has not been utilized for crop production. Given
the lack of viable soil and irregular shape of the parcel due to
division by the Eaton Canal, the parcel is not economically viable
for agricultural production. Therefore, prime farmland will not be
removed from production.
2) Section 22-2-60.C.2 -- A.Policy 3 states, "Conversion of
agricultural land to urban-scale residential, commercial and
industrial development will be discouraged when the subject site
is located outside of an approved intergovernmental agreement
area, urban growth boundary area, or 1-25 Mixed Use
Development area and urban development nodes." The
application proposes non-urban scale development as defined by
Section 27-2-140 of the Weld County Code. Section 27-2-140
defines non urban scale development as "...developments
comprising of nine (9) or fewer residential lots, located in a
nonurban area as defined in Chapter 22 of this Code, not adjacent
to other PUDs, subdivisions, municipal boundaries or urban
growth corridors." This proposal includes public water and
consists of five (5) PUD Estate zoned residential lots with Estate
uses and one 20.791-acre open space lot. The proposed
minimum lot size is 5.311 acres with an overall density of 27.5
acres per septic system.
3) Section 22-2-60.D.2 --A.Policy 4 states, "Provide a mechanism
for the division of land which is agriculturally zoned. The intent of
this goal should be to maintain and enhance the highest level of
agricultural productivity in the County." The proposed level of
development is non-urban as defined in Section 27-2-140. The
addition of five (5) PUD zoned residential lots with Estate uses will
have a minimal impact on the local service providers.
4) Section 22-2-90.C.1 -- UGB.Goal 3 states, "The County and
municipalities should coordinate land use planning in urban
growth boundary areas, including development policies and
standards, zoning, street and highway construction, open space,
public infrastructure and other matters affecting orderly
development." This proposal is located outside of the Town of
Windsor's Growth Management Area and within the Town's
Community Influence Area. The Town of Windsor has
determined that the proposal is in compliance with the Windsor
Comprehensive Plan. The Town of Severance did not respond to
this request.
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5) Section 22-2-170.C.2.b -- R.Policy 3.2 states, "New residential
development should demonstrate compatibility with existing
surrounding land use in terms of general use, building height,
scale, density, traffic, dust and noise." The proposed subdivision
takes into consideration the surrounding properties, as well as the
site advantages. The site is designed with a perimeter buffer
around all lots separating the residential lots from surrounding
properties. The Eaton Canal further serves as an open space
boundary between adjacent parcels within this proposal. The
applicant will be required to place Weld County's Right to Farm
statement, as stated in Appendix 22-E of the Weld County Code,
on the plat.
6) Section 22-2-190.D.2.b -- PUD.Policy 4.2 states, "A planned unit
development which includes a residential use should provide
common open space free of buildings, streets, driveways or
parking areas. The common open space should be designed and
located to be easily accessible to all the residents of the project
and usable for open space and recreation...." This proposal
includes approximately 20 percent of land for the required open
space. Further, the landscape treatment will focus on each of the
entries into the Planned Unit Development and in the buffer area
between the internal parcels and surrounding properties. The
open space areas will be planted in native grasses and drought-
tolerant vegetation in an effort to conserve available water.
7) Section 22-3-50.B.1 -- P.Goal 2 states, "Require adequate
facilities and services to assure the health, safety and general
welfare of the present and future residents of the County." The
proposed Planned Unit Development will be serviced by the North
Weld County Water District for potable and fire protection
requirements. Individual Sewage Disposal Systems will handle
the effluent flow.
B. Section 27-6-120.D.5.b -- The uses which will be allowed in the proposed
Planned Unit Development will conform with the Performance Standards
contained in Chapter 27, Article II, of the Weld County Code. The
applicant has met the twenty Performance Standards as delineated in
Section 27-2-10 regarding access, buffering and screening, circulation,
etc.
The applicant proposes to vary from the Bulk Standards of the Estate
Zone District as follows: Section 23-3-440.B - Maximum Lot size shall be
45 acres; Section 23-3-440.D - Minimum offset would be five (5) feet or
one foot for each three (3) feet of building height, whichever is greater;
Section 23-3-440.H - Number of animal units is two (2) per acre. The
Conditions of Approval and notes on the Plat ensure compliance with
Sections 27-2-20 through 27-2-210 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 this Code or master plans of affected
municipalities. The proposed site is not influenced by an
Intergovernmental Agreement. The Town of Windsor stated the proposal
is outside of the Town of Windsor's Growth Management Area and within
the Town's Community Influence Area. In a letter dated December 20,
2001, the Town of Windsor recommended approval of the proposed
Planned Unit Development. The Town of Severance did not respond to
indicate that the proposal was in conflict with its interests.
D. Section 27-6-120.D.5.d -- The Planned Unit Development will 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 North Weld County Water District has indicated its
ability and willingness to service this application. Sewage disposal will be
served by Individual Sewage Disposal Systems. In a referral dated
December 5, 2001, the Weld County Department of Public Health and
Environment indicated that the Planned Unit Development satisfied
Chapter 27 in regard to water and sewer service. The minimum proposed
lot size (5.3 acres) coupled with the overall density of one septic system
per 27.5 acres meets the current Health Department policy. Further, the
Weld County Department of Public Health and Environment indicated the
preliminary geotechnical investigation conducted by Earth Engineering
Consultants, Inc., had been submitted for the property. Very minimal
data (one percolation test for the total 137.5 acres) supports the use of
conventional septic systems. There are several irrigation ditches on site;
however, with the large lots there should be no problem in locating septic
systems to meet the one hundred (100) foot setbacks to ditches.
Because Lot 2 is now 5.3 acres, and excluding the oil and gas well
easement from construction of a septic system, care must be taken in
locating the septic system on this Lot. The initial impact plan submitted in
the application materials appears to address all of the environmental
impacts of Section 27-6-40.
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 Planned Unit Development. The Weld County Department of
Public Works has reviewed the proposal and has determined that the
Planned Unit Development shall have two-lane gravel internal roads at
each entrance to the Planned Unit Development. Further, Weld County
Roads 21 and 76.5 are designated as local roadways in the Weld County
Comprehensive Transportation Plan. Local roadways require a minimum
of sixty (60) feet of right-of-way. The developer shall dedicate thirty (30)
feet of right-of-way for Weld County Roads 21 and 76.5 to the County.
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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, and a Road Improvements
Agreement is complete and has been submitted, if applicable. The
Conditions of Approval ensure compliance with Chapter 24, Article VII,
and Sections 24-9-10 and 24-9-20 of this Code. The Weld County
Departments of Public Works and Planning Services shall require an
Improvements Agreement in accordance with Section 27-6-120.6.f of the
Weld County Code for improvements to Coyote Run Planned Unit
Development and all on-site improvements.
G. Section 27-6-120.D.5.g -There has been compliance with the applicable
requirements contained in Chapter 23 regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site.
The Colorado Geological Survey, in its referral letter dated December 7,
2001, states that the concerns identified in the preliminary plan review,
specific to the suitability of development on "Tract A" due to wet
conditions, has been addressed. Based on the revised plat and the
removal of this lot from consideration as a residential development area,
the Colorado Geological Survey has no objection to the Change of Zone
application.
The Weld County Department of Public Works stated that the submitted
drainage plan was acceptable; however, it does not bear the stamp of a
professional engineer. A stamped copy of the drainage plan shall be
submitted as outlined in the memorandum, dated April 20, 2001.
In the referral response dated December 3, 2001, the Weld County
Department of Building Inspection is requiring engineered foundations
based on a site-specific geotechnical report or an open hole inspection
performed by a Colorado registered engineer for each structure.
H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district uses and the specific or conceptual development guide. The
submitted Specific Development Guide does accurately reflect the
performance standards and allowed uses described in the proposed zone
district, as described previously. The applicant is requesting that the
Final Plan be administratively reviewed. The Department of Planning
Services concurs with this request.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Peter Hyland for a Change of Zone from
A (Agricultural) to a PUD (Planned Unit Development) Zone District for five (5) residential lots
with E (Estate) zone uses and 20.7 acres of open space 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 Change of Zone plat shall meet all requirements of Section 27-9-20
of the Weld County Code.
B. The applicant shall submit a proposed estimate for time of construction of
the Planned Unit Development.
C. The applicant shall address the concerns of the Windsor-Severance Fire
Protection District. Written evidence of a solution shall be provided to the
Department of Planning Services.
D. 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. The plat shall be amended to include the following:
A. The amended open space areas specific to the Eaton Canal as stated in
a letter from the Dow Law Firm, LLC, dated December 4, 2001.
B. Coyote Ridge Drive shall be modified to reflect the requirements of the
Weld County Department of Public Works referral dated January 7, 2002.
C. The location of all ditch laterals, public and private.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) days of approval by the Board of County
Commissioners.
4. 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 Site Specific Development Plan is for a Change of Zone from the
A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone
District for five (5) lots with E (Estate) Zone District uses, with 20.7 acres
of open space, except as follows, Section 23-3-440.B Maximum Lot size
shall be 45 acres; Section 23-3-440.D - Minimum offset would be five (5)
feet or one foot for each three (3) feet of building height, whichever is
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greater; Section 23-3-440.H - Number of animal units is two (2) per acre,
as indicated in the application materials on file and subject to and
governed by the Conditions of Approval stated hereon and all applicable
Weld County regulations. Noncompliance with any of the foregoing
Conditions of Approval may be reason for revocation of the Permit by the
Board of County Commissioners.
B. The applicant shall obtain water from the North Weld County Water
District.
C. A Weld County Septic Permit is required for each proposed septic system
and shall be installed according to the Weld County Individual Sewage
Disposal System (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. 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.
E. 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
(A.P.E.N.), and apply for a permit from the Colorado Department of
Public Health and Environment.
F. During the 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 acres of land
must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. A Homeowners' Association shall be established prior to the sale of any
lot. Membership in the Association is mandatory for each parcel owner.
The Association is responsible for liability insurance, taxes and
maintenance of open space, streets, private utilities, and other facilities.
Open space restrictions are permanent.
Weld County's Right to Farm note, as delineated in Appendix 22-E of the
Weld County Code, shall be placed on any recorded Plat.
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J. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
K. All signs, including entrance signs, shall require building permits. Signs
shall adhere to Section 23-4-80 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
L. 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.
M. Proper building permits shall be obtained prior to any construction,
remodeling, demolition, or excavation.
N. All foundations, structures, and building systems are required to have
engineered foundations and shall be based on a site specific
geotechnical report performed by a Colorado licensed engineer. Any fill
material shall contain no rock or similar irreducible material with a
maximum dimension greater than twelve (12) inches. All fills shall be
compacted to a minimum of ninety (90) percent of maximum density.
Engineering reports shall be supplied for all fill material.
O. All structures shall conform to Section 29-2-20 of the Weld County Code,
Article II (1997 Uniform Building Code), Section 29-2-30 of the Weld
County Code, Article II (1998 International Mechanical Code), Section 29-
2-40 of the Weld County Code, Article II (1999 Electrical Code), Section
29-2-50 of the Weld County Code, Article II (1997 International Plumbing
Code), and Section 29-2-10 of the Weld County Code, Article II, Chapter
29 (current Weld County Building Ordinance).
P. All buildings or structures shall maintain distances from the property lines
and adjacent structures as outlined in Section 29-3-160 of the Weld
County Code.
Q. Complete drawings shall be submitted for review by the Windsor-
Severance Fire Protection District.
R. At the time an application is accepted for a building permit, a plan review
will be done. A complete review of the building or structure by the Weld
County Department of Building Inspection or the Windsor-Severance Fire
Protection District may reveal other building issues or areas needing
attention.
S. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code, or as approved through variance of the standards of
Section 23-3-440 of the Weld County Code.
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T. Personnel from the Weld County Departments of Public Health and
Environment, Public Works, and Planning Services shall be granted
access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with all applicable Weld
County regulations.
U. The applicant shall comply with Section 27-8-50 of the 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 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.
V. The Planned Unit Development Final Plan shall comply with all
regulations and requirements of Section 27 of the Weld County Code
with amendments.
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 the Weld County Code and adopted
policies.
5. At the time of Final Plan submission:
A. The applicant shall submit final road layout and alignment plans with
associated documents to the Department of Public Works for their review
and approval.
B. The applicant shall submit an on-site (Private) Improvements Agreement
that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code.
C. The applicant shall submit evidence to the Department of Planning
Services that approval was received from the Department of Public
Works for an Improvements Agreement Regarding Collateral for the
transportation portion of the Planned Unit Development.
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D. The applicant shall submit a Drainage Report, signed by a Colorado
licensed engineer, to the Department of Public Works for approval. The
applicant shall supply the Department of Planning Services with written
approval from the Department of Public Works.
E. Ambulance Service Provision Impacts shall be addressed as required by
Section 27-6-50.B.4 of the Weld County Code.
F. The applicant shall submit a Landscape Plan in accordance with
Section 27-2-100 of the Weld County Code.
G. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
H. 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).
6. Prior to the release of any building permits:
A. The applicant shall supply designated street and Stop signs, as required
by the Weld County Department of Public Works, at the appropriate
locations.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: ' �O ,�I . ���
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Weld County Clerk to e • "ry 'S
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BY:
Deputy Clerk to the B.
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APPROV D AS TO i 5✓ 0
((em William H. Jerke
ou Att nty orn$y EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
3kDate of signature:
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