HomeMy WebLinkAbout20011212.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#556 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FIVE (5) LOTS -
LER0Y AND PHYLLIS JOHNSON
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 9th day of May, 2001, at 10:00 a.m. for the
purpose of hearing the application of Leroy and Phyllis Johnson 25938 Weld County Road 47,
Greeley, Colorado 80631, c/o Todd Hodges Design, LLC, 2412 Denby Court, Fort Collins,
Colorado 80526, 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 A of Recorded Exemption #2308; being part of
the N1/2 of Section 25, Township 5 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Todd Hodges, 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 proposed site is not influenced by an
Intergovernmental Agreement. The proposal is consistent with Chapters
19, 22, 23, 24, and 26 of the Weld County Code as follows:
1) Section 22-2-60.A.1 and Section 22-2-60.1.1 -- The subject parcel
is 27.85 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 soils, lack of irrigation water,
and shape of the parcel, it is not economically viable for
agricultural production. Therefore, prime farmland will not be
removed from production.
// 2001-1212
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CHANGE OF ZONE #556 FROM A (AGRICULTURAL) TO PUD - LEROY AND PHYLLIS
JOHNSON
PAGE 2
2) Section 22-2-60.C.2 --The application proposes non-urban scale
development as defined by Section 27-2-140 of the Weld County
Code. Section 27-2-140 defines urban scale development as
"...developments comprising of five (5) 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 and one
11.98-acre open space lot. The proposed minimum lot size is two
and one-half(2.5) acres with an overall density of 5.57 acres per
septic system.
3) Section 22-2-60.D.2 --The proposed level of development is non-
urban as defined in Section 27-2-140. The addition of five (5)
PUD Estate zoned residential lots will have minimal impact on the
local service providers.
4) Section 22-2-90.C.1 —This proposal is located outside of the City
of Greeley Long Range Expected Growth Area. The Town of
Kersey and Garden City have indicated that they find no conflict
with their interests.
5) Section 22-2-170.C.2.b -- 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 Road 54
and the Union Pacific Railway track. 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 -- This proposal includes more than three
times the required open space. Further, the landscape treatment
will focus on the entry into the Planned Unit Development and in
the buffer area between the Union Pacific Railway track and the
residential lots with the remainder of the property planted in native
grasses and drought-tolerant vegetation in an effort to conserve
available water.
7) Section 22-3-50.B.1 -- The proposed Planned Unit Development
will be serviced by the Central Weld County Water District for
potable and fire protection requirements. Individual Sewage
Disposal Systems (I.S.D.S.)will handle the effluent flow.
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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
of the Planned Unit Development Zone District contained in Article II,
Chapter 27 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 and Development Standards ensure
compliance with Sections 27-2-20 through 27-2-210 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 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 Greeley stated that the
proposal is outside of the City of Greeley Long Range Expected Growth
Area; however, in a letter dated April 10, 2001, the City recommended
denial of the proposal as the Planned Unit Development does not comply
with the policies and intent of the City of Greeley's Comprehensive Plan
and Resolution No. 7, dated 1985. The Town of Kersey and Garden City
also indicated that they find no conflict with their interests.
d. Section 27-6-120.D.5.d — Central Weld County Water District has
indicated its ability and willingness to service this application. Sewage
disposal will be provided by Individual Sewage Disposal Systems. Based
on a geotechnical report from Terracon, dated February 10, 2000, the
site is unsuitable for conventional septic systems because of shallow
groundwater, therefore, the systems will be required to be designed by a
registered professional engineer. Church & Associates, Inc., submitted a
letter, dated April 13, 2001, proposing optional septic systems for the
property considering the high groundwater table observed at the site.
These proposed systems are acceptable for installation on the site,
although a reduced size absorption field is not allowed for advanced
treatment 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 City of Greeley, in a letter dated April 10,
2001, has designated Weld County Road 54 as an arterial roadway that
requires one hundred (100) feet of right-of-way. A total of fifty (50) feet
from the centerline of Weld County Road 54 shall be delineated on the
plat as right-of-way reservation for future expansion of Weld County
Road 54.
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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 is in compliance with
Chapter 24 of the Weld County Code, and a road improvements
agreement is complete and has been submitted. The Development
Standards and 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 are requiring
an Improvements Agreement in accordance with Section 27-6-120.6.f of
the Weld County Code for improvements to Prairie Echoes Court and all
on-site improvements.
g. Section 27-6-120.D.5.g -- 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 beneath the 7:1 Transitional
Surface associated with the approach slopes for Runway 34 at the
Greeley-Weld County Airport, and is in close proximity to the final
approach path for that runway. 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 in the future from potential nuisance complaints that may
be generated by aircraft noise. The Colorado Geological Survey, in a
referral letter dated March 22, 2001, identified several areas of concern
for the site, including the potential for shallow groundwater. 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 around the buildings, and structural design should conform to
any limitations imposed by possible shallow groundwater. The Weld
County Department of Public Works stated that the submitted drainage
plan, although adequate, would require the resolving of some minor
issues and the submission of additional documentation as outlined in the
memorandum dated March 16, 2001. In the referral response dated
March 12, 2001, the Weld County Department of Building Inspection is
requiring engineered foundations for each structure.
h. Section 27-6-120.D.5.h -- 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 Leroy and Phyllis Johnson for a Change of Zone
from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District on
the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. The applicant shall provide the Weld County Department of Public Health and
Environment with viable alternatives to conventional septic systems that will
mitigate any contamination to groundwater and not pose a threat to the health,
safety and welfare of the citizens of Weld County. The applicant shall provide
evidence to the Department of Planning Services that the concerns and issues
pertaining to the septic systems have been addressed and implemented to the
satisfaction of the Weld County Department of Public Health and Environment.
2. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 27-9-20,
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 address the concerns of the Weld County Sheriff's
Office, expressed in a memorandum dated November 28, 2000, and
incorporate remedies for these concerns. Written evidence of a solution
shall be provided to the Department of Planning Services.
F. 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).
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3. The plat shall be amended to include the following:
A. The road cross-section for Prairie Echoes Court as approved by the Weld
County Department of Public Works.
B. The applicant shall identify and illustrate how landscaping shall be
incorporated along Weld County Road 54 and the Julesburg Branch of
the Union Pacific Railroad tracks.
C. The applicant shall delineate primary and secondary septic envelopes on
each parcel.
D. The applicant shall delineate a fifty (50) foot right-of-way reservation from
the centerline of Weld County Road 54 as stated in the City of Greeley
referral date April 10, 2001.
4. 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.
5. 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 application is for a Change of Zone from the A (Agricultural) Zone
District to a PUD (Planned Unit Development) Zone District with Estate
Zone District uses as indicated in the application materials on file and
subject 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 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 I.S.D.S. Regulations.
D. Each septic system shall be designed for site-specific conditions
including, but not limited to, maximum seasonal high groundwater, poor
soils and shallow bedrock. Maximum seasonal high groundwater has
been documented at 1.4 feet below the surface, based on boring
observations on October 3, 2000, from Terracon.
E. Each septic system shall be designed using a Colorado Department of
Public Health and Environment approved advanced treatment system.
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F. Primary and secondary septic envelopes shall be designated on each lot.
Septic system envelopes shall meet the required setbacks as described
in the Weld County I.S.D.S. Regulations.
G. 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,
etcetera) are expressly prohibited in the designated absorption field site.
H. 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.
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.
J. 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.
K. 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.
L. In the event that more than five acres of the site is 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 the Environment. 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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M. 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.
N. Weld County's Right to Farm note, as delineated in Appendix 22-E of the
Weld County Code.
O. Potential Purchasers are hereby notified that a dairy operation is located
directly north of the intersection of Weld County Roads 54 and 49, and a
turkey farm is located south-southeast of the intersection of Weld County
Roads 54 and 49. Off-site impacts that may be encountered include
noise from trucks, tractors and equipment; dust from animal pens; and
odors from animal confinement, silage, and manure.
P. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
Q. 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.
R. No development activity shall commence, nor shall any building permits
be issued, on the property until the final plan as been approved and
recorded.
S. Proper building permits shall be obtained prior to any construction,
remodeling, demolition or excavation.
T. 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 not contain 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.
U. All structures shall conform to Section 29-2-20 (1997 Uniform Building
Code), Section 29-2-30 (1998 International Mechanical Code), Section
29-2-40 (1999 Electrical Code), 29-2-50 (1997 International Plumbing
Code) and Section 29-2-10.
V. All buildings or structures shall maintain distances from the property lines
and adjacent structures as outlined in Section 29-3-160, Weld County
Code.
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W. Complete drawings shall be submitted for review by the LaSalle Fire
Protection District.
X. 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.
Y. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Article II and Article VIII, of the
Weld County Code.
Z. Personnel from the Weld County Departments of Public Health and
Environment 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.
AA. The applicant shall comply with Section 27-8-50 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.
BB. The PUD Final Plan shall comply with all regulations and requirements of
Section 27 of the Weld County Code.
CC. The site shall maintain compliance at all times with the requirements of
the Weld County Departments of Public Works, Public Health and the
Environment, and Planning Services, and adopted Weld County Code
and Policies.
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6. 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.
B. The applicant shall submit an On-site Improvements Agreement (Private
Road Maintenance) that addresses all improvements associated with this
development, per compliance with Section 24-9-10, 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.
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. Service provision impacts for ambulance services 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, Weld County Code.
G. The applicant shall contact Platte Valley School District RE-7 to finalize a
bus pick-up and drop-off location.
H. The applicant shall address the concerns of the Greeley-Weld County
Airport Authority as stated in a letter dated April 6, 2001. Written
evidence of a solution shall be provided to the Weld County Attorney's
Office and the Department of Planning Services for review and approval.
The applicant shall submit a time frame for construction in accordance to
Section 27-2-200, Weld County Code.
J. 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).
2001-1212
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7. Prior to the release of any building permits:
A. The applicant shall supply designated street and stop signs, as required
by 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 9th day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: a� 4,��'//"' ��� `` 1 . / ��\JXCUSED
51 r J Geiler
Weld County Clerk to the . (� eatt -t 2
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BY: c . •A•", r Triter? , y
Deputy Clerk to the Board % 1 e�
Willis H. Jerke
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Robert D. Masden
2001-1212
PL1507
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