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Home My WebLink About20030357 RESOLUTION RE: GRANT AMENDED CHANGE OF ZONE #539 FROM PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WITH CIVIC USES TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WITH RESIDENTIAL USES - FLOYD AND KATHARINE OLIVER 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 5th day of March, 2003, at 10:00 a.m. for the purpose of hearing the application of Floyd and Katharine Oliver 2385 Homestead Place, Longmont, Colorado 80504, requesting an Amended Change of Zone from the PUD (Planned Unit Development) Zone District with Civic Uses to a PUD (Planned Unit Development) Zone District with Residential Uses for a parcel of land located on the following described real estate, to-wit: Tract 1, Meadow Vale Farm, Third Filing; being part of the SW 1/4/4 of Section 4, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Anne Best-Johnson, Todd Hodges Design, LLC„ 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 PUD and Chapter 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 proposal is consistent with the aforementioned documents as follows: 1) The site currently lies within the Longmont Intergovernmental Agreement area. The City of Longmont indicated no conflicts with the proposal. 2003-0357 PL1010 ('a: Pt Any, ! Pt?) AIL CFx) AMENDED CHANGE OF ZONE #539 - FLOYD AND KATHARINE OLIVER PAGE 2 2) Section 22-2-230 (MUD.Goal 4) states, "Facilities and infrastructure which are included in this area should be evaluated in order to minimize discrepancies, promote a better understanding of growth dynamics in the area, avoid duplication of services, provide economies of scale and ensure coordination of municipal, county, regional, state, and other growth policies and programs." The site was considered for a trail head and a sheriff's office. These uses were established in other locations within the Mixed Use Development area. 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 Planned Unit Development 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 shall 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 site currently lies within the Longmont Intergovernmental Agreement area. The City of Longmont indicated no conflicts with the proposal. Further, the 1-25 Mixed Use Development Area Structural Land Use Plan Map 2.1, indicates the site is planned for a residential use. d. Section 27-6-120.D.5.d --As approved in the original application, the Planned Unit Development Zone District will be serviced by the St. Vrain Sanitation District and Left Hand Water District in compliance with the Performance Standards in Article II the Weld County Code. e. Section 27-6-120.D.5.e --That 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 Zone District. The Weld County Public Works Department indicated no concerns regarding street or highway facilities providing access to the property. f. Section 27-6-120.D.5.f--An improvements agreement is not applicable to this proposal. 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. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program Area 3, detailed in Chapter 20, Article I, of the Weld County Code. 2003-0357 PL1010 AMENDED CHANGE OF ZONE #539 - FLOYD AND KATHARINE OLIVER PAGE 3 h. Section 27-6-120.D.5.h -- Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflects the performance standards and allowed uses described in the proposed Zone District, as described previously. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Floyd and Katharine Oliver for an Amended Change of Zone from the PUD (Planned Unit Development) Zone District with Civic Uses to a PUD (Planned Unit Development) Zone District with Residential 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 labeled: AMPZ-539 B. Tract 1 shall be labeled Lot 1, Block 4 2. 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. Amended Change of Zone #539 is from the PUD (Planned Unit Development) Zone District with Civic Uses, to the PUD (Planned Unit Development) Zone District with a Residential Use as indicated in the application materials on file. The Planned Unit Development will adhere to the uses allowed the R-1 (Residential) Zone District as set forth is Section 23-3-110 of the Weld County Code. B. Water service shall be provided by the Left Hand Water District. C. Sewer Service shall be provided by the St. Vrain Sanitation District. D. All addresses shall be located where they are visible from the roadway. E. The storm sewer system will be maintained by the Weld County Department of Public Works. F. All landscaping in the intersection sight distance triangles must be less than 3.5 feet in height at maturity. G. In the event that five (5) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 2003-0357 PL1010 AMENDED CHANGE OF ZONE #539 - FLOYD AND KATHARINE OLIVER PAGE 4 H. 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. I. 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. J. 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. K. Wetlands shall be preserved as open space. L. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program, Area 3. M. The Office of the Army Corps of Engineers shall be notified by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act if any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary of permanent, in waters of the United States which may include ephemeral, intermittent and perennial streams lakes, ponds or wetlands takes place at this site. N. Appendix 22-E of the Weld County Code, Weld County's Right to Farm, as delineated on this plat, shall be recognized at all times. O. Proper Building Permits shall be obtained prior to any construction or excavation. P. Building Permits are required for any accessory buildings being constructed or moved onto the property. Additionally, permits are required for any decks and patios. Q. The foundation of the principal dwelling will be required to be engineered. Such foundation design shall be based on a site-specific, geotechnical report or an "open hole" inspection made by a Colorado licensed engineer. Due to the high water table, perimeter drains are recommended around foundations. Any fill material placed to raise the elevation of the 2003-0357 PL1010 AMENDED CHANGE OF ZONE #539 - FLOYD AND KATHARINE OLIVER PAGE 5 home must be of the type allowed by the 1997 Uniform Building Code (UBC) and compacted to a minimum of 90 percent. The test results of that compaction must be supplied to the Weld County Department of Building Inspection. R. Building height shall be measured in accordance with the 1997 Uniform 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 27 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. Offset and setback requirements are measured to the farthest projection from the building. S. All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code. T. Complete drawings shall be submitted for review by the Mountain View Fire Protection District. U. Outdoor Storage shall be screened from public rights-of-way and adjacent properties. V. The lot shall utilize the existing access to Weld County Road 5.5. No additional accesses will be granted. W. All signs shall require Building Permits. Signs shall adhere to Sections 23-4-80 and 26-2-90 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. X. The property owner shall be responsible for complying with the Performance Standards as listed in Chapter 27, Article II, of the Weld County Code. Y. The property owner shall be responsible for complying with the Supplemental Procedures and Requirements as listed Chapter 27, Article VIII, of the Weld County Code. Z. The property owner shall be responsible for complying with the policies, goals, standards and regulations of Chapter 22 of the Weld County Code. AA. The property owner shall be responsible for complying with Section 24-7-200, Underground Utilities Regulations of Chapter 24 of the Weld County Code. 2003-0357 PL1010 AMENDED CHANGE OF ZONE#539 - FLOYD AND KATHARINE OLIVER PAGE 6 BB. 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. CC. The site shall maintain compliance, at all times, with the requirements of the Weld County Government, and the adopted Weld County Code and Policies. DD. Weld County Personnel from the 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. 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. 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). The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D., 2003. BOARD OF COUNTY COMMISSIONERS W COU TY, COLORADO ��J4C7�` ATTEST: /,. �,ap D id E. Lon , C it Weld County Clerk to th oa +., 6( 31J `mot,' , " ? .ti9 Robert D. sden, Pro-Tem • r . ,r Deputy Clerk to the Board ',: f ,,- , ,� . J. eile R ON/ ASr EXCUSED o Si ,/,{ Glenn Vaad - - Date of signature: 3/1 2003-0357 PL1010 Hello