HomeMy WebLinkAbout20012000 RESOLUTION
RE: GRANT CHANGE OF ZONE #558 FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FIVE (5)
RESIDENTIAL LOTS WITH ESTATE USES, AND 4.7 ACRES OF COMMON OPEN
SPACE - PERCY HAMILTON
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 15th day of August, 2001, at 10:00 a.m.
for the purpose of hearing the application of Percy Hamilton 36244 Weld County Road 53,
Eaton, Colorado 80615, requesting a Change of Zone from the A (Agricultural) Zone District to
the PUD (Planned Unit Development) Zone District for a parcel of land located on the following
described real estate, to-wit:
Lot B of Recorded Exemption #2224; being part of
the SW1/4 of Section 33, Township 7 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at the request of the applicant, the Board deemed it advisable to continue
the matter to August 29, 2001, when a full quorum of the Board would be present to consider
the matter, and
WHEREAS, at said hearing on August 29, 2001, the applicant was represented by
Steve Stencil, Intermill Land Surveying, Inc., 1301 North Cleveland Avenue, Loveland, Colorado
80537, 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 the Weld
County Code. The proposed site is not influenced by an
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CHANGE OF ZONE #558 FROM A (AGRICULTURAL) TO PUD - PERCY HAMILTON
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Intergovernmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
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 eighty (80) acres is considered the
minimum lot size for a viable farming operation. Although the site
is classified as "prime"farmland on the Important Farmlands of
Weld County Map, the subject parcel is only 30.9 acres net in
size. Historically the subject parcel has been utilized for crop
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 nonurban 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 five (5) Planned Unit Development
Estate zoned residential lots and one 4.7-acre open space lot.
The proposed lot size is 4.72 acres each.
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 five (5) Planned Unit Development Estate zoned
residential lots will have minimal impact on the local service
providers.
4) 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...." The proposed open
space meets the requirements of PUD.Policy 4.2.
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5) 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 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
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, etc. 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, nor is it within the three-mile referral area
of a municipality.
D. Section 27-6-120.D.5.d -- The Planned Unit Development Zone District
will be serviced by an adequate water supply and sewage disposal
system in compliance with the Performance Standards in Article II of the
Weld County Code. The application included a Water Service
Agreement with the North Weld County Water District. The agreement
has been approved by the Weld County Attorneys Office. The State
Engineers office has indicated the proposed water supply can be
provided without causing material injury to existing water rights and the
supply is expected to be adequate. Sewage disposal will be served by
Individual Sewage Disposal Systems. Primary and secondary septic
system envelopes have been designated on each lot as recommended.
The Conditions of Approval and Development Standards ensure 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 required the roadway to be twenty-six
(26) feet wide, with four (4) inches of Aggregate Base Course. Class 6.A
Roadway Plan and Profile Plans shall be provided as part of the Final
Plat submittal.
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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, if applicable. The
applicant did include a preliminary Improvements Agreement. The
Development Standards and Conditions of Approval ensure compliance
with Chapter 24, Article VII, and Sections 24-9-10 and 24-9-20 of the
Weld County Code.
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 Colorado Geological Survey, in the
referral letter dated August 17, 2000, identified several areas of concern
for the site. However, the letter also indicated that no geologic conditions
exist that would preclude development. Development Standards included
at the Change of Zone and Final Plan will ensure the site is developed
according to the Colorado Geological Survey recommendations.
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 Percy Hamilton for Change of Zone #558 from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District 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 amended to include the following:
1) The location of fire hydrants as approved by the Galeton Fire
Protection District.
2) Landscaping and signs within the intersection sight distance
triangle that are less than 3.5 feet in height.
3) The location of the access which corresponds to the forty (40) foot
section of plastic pipe which is to replace the existing tile irrigation
line on Lot 4 and Lot 5.
B. The applicant shall submit a digital file of all drawings associated with the
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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:
A. The Change of Zone from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District, with Estate Zone District uses
as indicated in the application materials on file is subject to, and
governed by, the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. Water service shall be obtained 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. 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.
E. 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.
F. 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.
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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. 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.
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.
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 27-6-90 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
L. No development activity shall commence, nor shall any building permits
be issued on the property, until the Final Plan as been approved and
recorded.
M. The property owner shall be responsible for complying with all regulations
and requirements of Chapter 27 of the Weld County Code including the
Performance Standards listed in Article II and Article VIII.
N. The site shall be developed in accordance to the recommendations made
by the Colorado Geological Survey, referral dated August 17, 2000, and
the Preliminary Geologic and Mineral Resource Statement prepared by
Church &Associates, dated June, 2000.
O. 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.
P. Weld County's Right to Farm as delineated on this plat shall be
recognized at all times.
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CHANGE OF ZONE #558 FROM A (AGRICULTURAL) TO PUD - PERCY HAMILTON
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Q. The applicant shall comply with Section 27-8-50 Weld County Code, as
follows: Failure to submit a Planned Unit Development (PUD) 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.
R. The internal roadway will be gravel, twenty-six (26) feet wide, with four (4)
inches of Aggregate Base Course, Class 6.
S. Access for Lot 4 and Lot 5 shall have forty (40) foot plastic pipe sections
to replace the existing tile irrigation line and shall be clearly marked as
the access point.
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 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.
B. The applicant shall contact the appropriate postal district and the Weld
County Sheriffs Office to review the proposed street name and lot
addresses. Evidence of review shall be submitted to the Department of
Planning Services.
C. The applicant shall submit a final roadway plan and profile plans.
D. A total of 30 feet from the centerline of Weld County Road 53 shall be
delineated as right-of-way on the plat and dedicated to the County along
with right-of-way for the bus/mailbox pull off.
E. 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
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CHANGE OF ZONE #558 FROM A (AGRICULTURAL) TO PUD - PERCY HAMILTON
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Coverages and ArcInfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable).
5. Prior to construction:
A. A stop sign and street name sign shall be placed at the intersection of
Weld County Road 53 and the internal roadway.
B. Access for Lot 4 and Lot 5 shall be clearly marked at the forty (40)foot
plastic pipe sections to avoid damaging the existing tile irrigation line.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of August, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
/ 1 `
ATTEST: ���„_/,d9 ' �,: IE � _AIL)" ``l lJ' f� _ / M. J. eile, Chair
Weld County Clerk to th�'9. t6! '
'
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Glenn Vaad, Pro-TcTh__,SAAAAriAS -
BY: 'o% .
Deputy Clerk to the B F N 1 / il, /`-.t,v
Willi . Jerke
AP,PROV D A O FORM:
ci ' vi E. L ng
noG tyPttorney 1
Robert D. Masden
Date of signature: 9 1/
2001-2000
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