HomeMy WebLinkAbout20032969.tiff 3 j RESOLUTION
RE: ACTION OF THE BOARD CONCERNING CHANGE OF ZONE #1027 FROM
A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, ALONG
WITH 3.68 ACRES OF OPEN SPACE - FARFRUMWURKIN, LLLP, C/O JON FILE
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 19th day of November,2003,at 10:00 a.m.for
the purpose of hearing the application of Farfrumwurkin, LLLP,do Jon File, 1163 Oakhurst Drive,
Broomfield,Colorado 80020,requesting a Change of Zone from the A(Agricultural)Zone District to
a PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate)Zone Uses,along
with 3.68 acres of open space, for a parcel of land located on the following described real estate,
to-wit:
Lot A of Recorded Exemption#3474; being part of the
SW 1/4 of Section 32, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Robb Casseday, LANDPROfessionals,LLC,
4311 Highway 66, Suite 4, 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 recommendations of the Weld County
Planning Commission and,having been fully informed,finds that this request shall be denied for the
following reasons:
1. Section 27-6-120.6.6.a -- The proposal is inconsistent with Chapters 22, 23, 24,
and 27 of the Weld County Code.
a. Section 22-2-110.6 (UGB.Goal 2) -- The proposed location for this
subdivision is not located in any of the defined urban areas, and the site is
unable to be served by urban infrastructure such as municipal sanitary
sewer.
b. Section 22-2-80.A -- Weld County representatives have consistently
interpreted the intent of the Comprehensive Plan to state that a recorded
exemption used in conjunction with a subdivision of nine (9) lots, results in
urban scale land development.
c. Section 22-2-90.B—An important factor of urban development is the efficient
use of land as a resource. Since the density of urban development
accommodates more density on each acre,the amount of land relative to the
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CHANGE OF ZONE #1027 FROM A (AGRICULTURAL) TO PUD - FARFRUMWURKIN, LLLP,
C/O JON FILE
PAGE 2
number of people who live on or use the land is an efficient ratio. Locations
where urban development can occur should be encouraged to develop as
urban. Jurisdictions that can accommodate urban development should
employ policies and regulations that facilitate urban development while
managing the quality of this development. Urban development should be
developed in the areas where it is appropriate resulting in the most efficient
use of land and infrastructure.
d. Section 22-2-190.C (R.Policy 3.1) — Locating urban scale developments
outside of urban growth boundary areas is not considered efficient, nor is
sanitary service available to serve the proposed urban subdivision.
e. Section 22-2-210.C (PUD.Goal 3) -- The proposed number of lots in
conjunction with Recorded Exemption #3474 exceeds the definition of
non-urban scale development contained in Section 24-1-40.
f. Section 22-2-190.6.3 (R.Policy 2.3)—While there are subdivisions in the
immediate vicinity of this proposal,these were either platted decades ago or
were processed as nonurban developments. Carmacar Ranchettes, a
71-lot subdivision,with an average lot size of 1.5 acres,was platted in 1969;
and Park Land Estates,a 38-lot subdivision,comprised of various lots sizes
from 2.5 acres per lot and up, was platted in 1978. The remaining
subdivisions in the area were processed as non-urban development
immediately north of the proposed site,Continental View Pond Planned Unit
Development was platted in 1994, with five (5) nonurban lots of
approximately 2.5 acres per lot. Reflection Bay Planned Unit Development
was platted in 2000, with five (5) lots having an average lot size of two (2)
acres. Summit Peak Estates and Peaks at Mountain View, both with
average lots sizes ranging from five (5)to eighteen(18)acres,were platted
in 2002 and 1999. Currently,two additional subdivisions are proposed in this
area,neither of which has been approved at this time. One ranges from 1.48
to 2.16 acre lots, and the other ranges from 2.21 to 5.40 acre lots,and both
are proposed with nine (9) lots, with an agricultural outlot.
g. Section 22-1-50.D.3.f--At the time of Sketch Plan, the overall lot size was
1.5 acres and the amount of open space was 8.26 acres,or 34 percent. The
present lot size has been decreased to 1.1 acres, with the amount of open
space also being decreased to 15.4 percent, or 3.68 acres of the site.
Additionally, the Sketch Plan application calls for a park and pond for the
enjoyment of the residents. The pond has been relocated and resized,and
the park has been eliminated. Lots have been reconfigured,to create long
access lanes and flag lot configurations. These changes reflect a lack of
consistency between the proposed used and Specific Guide as cited in
Section 27-6-120.6.h.
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CHANGE OF ZONE #1027 FROM A (AGRICULTURAL) TO PUD - FARFRUMWURKIN, LLLP,
C/O JON FILE
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h. Sections 22-1-50.D.3.f.4.a and 22-1-50.D.3.f.4.b--The application suggests
that it is maintaining the agricultural way of life by providing for outlots
comprised of 6.05 and 0.67 acres that will be farmed in the future. The
Board does not find that either the 6.05 or 0.67 acre parcels are viable
farming units, nor is there any proposed public access to these lots. The
possibility of long-term weed,pest,and maintenance issues are highly likely.
In total, the applicant is proposing to sell 45 percent of the site to nine
homeowners, dedicate 15 percent to open space, utilize 15 percent of the
site for roadways, and retain almost thirty percent (28.15%) for himself
identified as non-accessible farming parcels. There is concern with leaving
almost one-third (1/3) of the site with non-accessible and very limited
productive agricultural uses.
Section 22-2-190.B.3 (R.Policy 2.3)—The existing surrounding land uses
include predominantly agricultural uses and associated rural residential
uses. Urban scale development may conflict with these existing uses. As
proposed, the site will conflict with existing and proposed uses. The
adjoining parcel, presently owned by the applicant, is proposed for limited
mining uses,and other adjoining parcels are also used for agricultural uses.
While the application proposes one horse per acre there are no provisions
in the application for equestrian uses. Generally,when equestrian uses are
proposed in a subdivision,the site has been designed to allow for riding trails.
Equestrian uses may conflict with existing surrounding land uses. There are
two substantial irrigation canals, Boulder and Weld Ditch Companies, and
Lower Boulder Reservoir Ditch Company,which influence this site. Neither
company has signed a final agreement with the applicant for the proposed
subdivision.
j. Sections 23-1-90 and 24-1-40 -- The definition of Nonurban Scale
Development does not affect or apply to those Coordinated Planning
Agreements between the County and municipalities which are in effect as of
May 14, 2001.
k. Section 24-1-30.H promotes"...equitable handling of all subdivision plans by
providing uniform procedures and standards." The Board of County
Commissioners in Ordinance 2002-1, dated March 15, 2001, stated that
non-urban scale development is nine lots or fewer. The applicant is
proposing urban scale development in a non-urban area.
Sections 24-1-30.A, B, C, D, and E -- The Town of Erie reviewed this
application and stated that compatibilitywith its land use code would consist
of one dwelling unit per five acres.
m. Section 27-2-40 -- The applicant has chosen to adhere to all applicable
E (Estate) Zone requirements, with the exception of a deviation from a
minimum of 2.5 acres to the proposed average lot size of 1.05 acres. The
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CHANGE OF ZONE #1027 FROM A (AGRICULTURAL) TO PUD - FARFRUMWURKIN, LLLP,
C/O JON FILE
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applicant has chosen to adhere to all A(Agricultural)zoned uses on the area
identified as Outlot A and Lot B. The uses shall be limited to farming only
and neither lot is eligible for a building permit. Neither lot has been granted
an access permit for ingress or egress.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Farfrumwurkin, LLLP, do Jon File,for a Change of Zone
from A (Agricultural) to a PUD (Planned Unit Development) Zone District for nine (9) lots with
E(Estate)Zone Uses,along with 3.68 acres of open space,on the above referenced parcel of land
be, and hereby is, denied.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of November, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: auy#'� 'it EXCUSED
'< � Da ' E. ong, Chair
Weld County Clerk to th B.:vsl
, t , �'�Haja �1 AYE
� Robert D. den, Pro-Tem
BY: - r ��.ri .' ,�►I
Deputy Clerk to the ./ Net AYE
M. J. eile
"ly AS T. 7)14,A (NAY)
Willia H. Jerk
zmy �1� (AYE)
Glenn Vaad —
Date of signature: //54/
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