HomeMy WebLinkAbout20013029 RESOLUTION
RE: GRANT CHANGE OF ZONE #563 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - DAVID KEISER AND
MIKE SIGG
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 21st day of November, 2001, at
10:00 a.m. for the purpose of hearing the application of David Keiser and Mike Sigg, 3220
Claremont, Evans, Colorado 80620-1416, requesting a Change of Zone from the
A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for four (4)
residential lots with E (Estate) uses, and 7.5 acres of common open space for a parcel of land
located on the following described real estate, to-wit:
Lot B of Recorded Exemption #2527; being part of
the W1/2 of the SW1/4 of Section 10, Township 4
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was represented by Todd Hodges, Todd Hodges Design,
LLC, 2412 Denby Court, Fort Collins, Colorado 80526, 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 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 proposed site is not influenced by an Inter-
Governmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
z Aid 2001-3029
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CHANGE OF ZONE #563 FROM A (AGRICULTURAL) TO PUD - DAVID KEISER AND MIKE
SIGG
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1) Section 22-2-60.A.1, A.Goal 1 -- "Preserve prime farmland for
agricultural purposes which foster the economic health and
continuance of agriculture." Chapter 22, Section 22-2-60.1.1,
A.Goal 9, indicates that an eighty (80) acre parcel is considered
the minimum lot size for a viable farming operation. The subject
parcel is 45.029 acres net in size and is classified as "Irrigated
land - Not prime" farmland on the 1979 Important Farmlands of
Weld County Map. Historically the subject parcel has not been
utilized for crop production. The Central Colorado Water
Conservancy District acquired the water from this property
through a "Dry-up Covenant" recorded March 1, 1999, at
Reception Number 2676547. Given the lack of viable soils, lack
of irrigation water and shape of the parcel, 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 —"Conversion of agricultural land
to residential, commercial, and industrial development will be
discouraged when the subject site is located outside of a
municipality's comprehensive plan 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 non-urban area as defined in Chapter 22 of the Weld
County Code, not adjacent to other PUDs, subdivisions, municipal
boundaries or urban growth corridors." This proposal includes
public water and consists of four (4) Planned Unit Development
zoned residential lots, with E (Estate) zone uses, and one 7.5-
acre open space lot. The minimum proposed lot size of 6.248
acres, coupled with the overall density of one system per 11.25
acres, meets the current Weld County policy.
3) Section 22-2-60.D.2, A.Policy 4 -- "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 Weld County." The proposed level of
development is non-urban as defined in Section 27-2-140. The
addition of four (4) Planned Unit Development zoned residential
lots, with E (Estate) uses, will have a minimal impact on the local
service providers.
4) Section 22-2-90.C.1, UGB.Goal 3 — "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
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development." The City of Evans and Town of LaSalle have
indicated that they find no conflict with their interests.
5) Section 22-2-170.C.2.b, R.Policy 3.2 — "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 Weld County
Roads 46.5 and 43. The Department of Planning Services will
require Weld County's Right to Farm statement, as stated in
Appendix 22-E of the Weld County Code, to be placed on the plat.
6) Section 22-2-190.D.2.b, PUD.Policy 4.2 —"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 sixteen (16) percent open space, further,
the landscape treatment will focus on the entry into the PUD and
in the buffer area between the oil and gas facilities and the
residential lots. The remainder of the property is planted in native
grasses, including oats and drought tolerant vegetation, in an
effort to conserve available water and soil erosion.
7) Section 22-3-50.B.1, P.Goal 2 —"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 Central Weld
County Water District for potable and fire protection requirements.
Evidence of pre-purchased water taps from the Central Weld
County Water District is provided in the application materials.
Sewer will be provided by individual sewage disposal systems
which will handle the effluent flow. The application has satisfied
Chapter 27 of the Weld County Code in regard to water service
and sewer service.
B. Section 27-6-120.D.5.b --The uses which would be allowed in the
proposed Planned Unit Development will conform with the Performance
Standards of the Planned Unit Development Zone District 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, bulk requirements, circulation,
etcetera. The Conditions of Approval 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--That the uses which would 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 proposed site is not influenced by an
Intergovernmental Agreement. The City of Evans and Town of LaSalle
have indicated that they find no conflict with their 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, the Weld
County Code. The Central Weld County Water District has indicated its
ability and willingness to service this application. Sewage disposal will be
served by Individual Sewage Disposal Systems. Based on a geo-
technical report from Terracon, dated July 31, 2000, the site is suitable
for conventional septic systems. Primary and secondary septic system
envelopes have been designated on each lot as recommended. The
application states that language restricting building on the septic system
envelopes will be included in the Homeowners' Association covenants,
which will be submitted with the Final Plan application.
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 Zone District.
The Weld County Department of Public Works has reviewed the proposal
and has determined that the internal road to the Planned Unit
Development shall be paved to the right-of-way of Weld County Road 43
and constructed in gravel for the internal road for Latham View Estates
Planned Unit Development per Weld County Standards. Further, Weld
County Road 43 is designated as a collector status road that requires
eighty (80) feet of right-of-way. Presently there is sixty (60) feet of right-
of-way. A total of forty (40) feet from the centerline of Weld County
Road 43 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 43.
Weld County Road 46.5 is designated as a local roadway in the Weld
County Transportation Plan. The plat shows "Apparent 60-foot road
right-of-way." The reference to "apparent" should be removed and a 60-
foot right-of-way dedicated with the plat. The Certificate of Dedication,
Ownership, and Maintenance do address rights-of-way. Weld County
Road 43 is designated as a collector in the Transportation Plan and will
require a minimum of 80 feet of right-of-way. The dimensions for
right-of-way, reservations, and open space are poorly done on both Weld
County Roads 46.5 and 43 and shall be redrawn. If there are presently
more than six access points on Weld County Road 43 in this mile section,
the subdivision road will need to line up with one of the other access
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points or come off Weld County Road 46.5. Internal roadways require 60
feet of right-of-way. The roadway shown on the plat does not meet the
criteria of the Weld County Code which requires two twelve-foot paved
lanes and two four-foot gravel shoulders. The applicant should be
required to provide justification for not paving the internal road.
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. The
Conditions of Approval ensure compliance with Chapter 24, Article VII,
and Sections 24-9-10 and 24-9-20 of the Weld County 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 Latham View Estates 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 of the Weld County Code
regarding overlay districts, commercial mineral deposits, and soil
conditions on the subject site. The Greeley-Weld County Airport, in its
referral letter dated April 6, 2001, stated the location of the proposed
development is within the Greeley-Weld County Airport's Area of
Concern, as defined in the Greeley-Weld County Airport Surrounding
Land Use Guidelines. Specifically the site is located within the extreme
southwest boundary of the Airport's Influence Area and underneath the
7:1 Transitional Surface area. The Airport Authority recommends the
applicant execute an Avigation Easement, which will protect the interests
of Weld County, the City of Greeley, and the Greeley-Weld County
Airport Authority from potential nuisance complaints that may be
generated by aircraft noise and overflight in the future . This shall be
recorded and run concurrently on the properties.
The Colorado Geological Survey, in its referral letter, dated September
14, 2001, identified several areas of concern for the site, including the
potential for highly erodible soils that can be moisture sensitive. The
natural topography of the site and the surrounding vicinity may lead to
drainage problems on and off-site. Grading shall be undertaken to
provide positive drainage away from the foundation walls and down
spouts shall have splash guards or extensions to direct rainfall run-off
away from foundation walls. Further a perimeter drainage system shall
be in place around the perimeter of the foundation walls.
The Weld County Department of Public Works stated that the submitted
drainage plan, although adequate, would require resolving some minor
issues and the submission of additional documentation as outlined in the
memorandum dated March 16, 2001.
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In the referral response dated September 5, 2001, the Weld County
Building Inspection Department is requiring engineered foundations for
each structure based on a site-specific geo-technical report or open hole
inspection performed by a Colorado registered engineer.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of David Keiser and Mike Sigg for a Change of
Zone from A (Agricultural) to a PUD (Planned Unit Development) Zone District for four (4)
residential lots with E (Estate) and, with 7.5 acres of common 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 submit additional information, as required, for the
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.
D. The applicant shall address the concerns of the LaSalle Fire Protection
District. Written evidence of a solution shall be provided to the
Department of Planning Services.
E. 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 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:
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A. The Site Specific Development Plan is for a Change of Zone from the
A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District with E (Estate) Zone District uses 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.
B. The applicant shall obtain water from the Central 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 Homeowners' Association is mandatory for each
parcel owner. The Homeowners' Association is responsible for liability
insurance, taxes and maintenance of open space, streets, private utilities
and other facilities. Open space restrictions are permanent.
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Weld County's Right to Farm, as delineated in Appendix 22-E of the Weld
County Code, shall be placed on any recorded plat.
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 as 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 geo-
technical 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 fill material 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 the Section 29-2-20 of the Weld County
Code, (1997 Uniform Building Code), Section 29-2-30 of the Weld County
Code, (1998 International Mechanical Code), Section 29-2-40 of the Weld
County Code, (1999 Electrical Code), 29-2-50 of the Weld County Code,
(1997 International Plumbing Code) and Section 29-2-10 of the Weld
County Code, Chapter 29 (current Weld County Building Code).
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 LaSalle 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 LaSalle 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.
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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 the Development
Standards stated herein and all applicable Weld County regulations.
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 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.
W. The site shall maintain compliance, at all times, with the requirements of
the Weld County Departments of Public Works, Public Health and the
Environment, Planning Services, and the adopted Weld County Code and
policies.
X. The internal gravel road shall be maintained by the Homeowners'
Association. The Weld County Department of Public Works will not
maintain an unpaved internal road in Latham View Estates Planned Unit
Development.
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. 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 review and
approval.
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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 of an Improvements Agreement Regarding Collateral for the
Transportation portion of the Planned Unit Development.
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. The applicant shall submit a Landscape Plan in accordance with
Section 27-2-100 of the Weld County Code.
F. The applicant shall contact the Platte Valley School District RE-1 to
finalize a bus pick-up and drop-off location.
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 "draft" of the Homeowners' Association
Covenants and Regulations for review by the Weld County Attorney's
Office.
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 and Stop signs, as required
by Weld County Public Works, at the appropriate locations.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of November, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
Lehi WELD CO NTY, COLORADO ATTEST: / �► M. J. eile, Ch it
Weld County Clerk to th /���
Glenn Vaad, FToauil
BY: �_i �d�c•9 , . , . �.� �/
Deputy Clerk to the Boar �` ���
William H. Jerke
APPROV AS TO F M: EXCUSED DATE OF SIGNING (AYE)
David E. Long 0
0.44
my ttQrney EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
Date of signature: �a�`f
2001-3029
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