HomeMy WebLinkAbout20000914.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #540 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT -JIM AND BONNIE BATES
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 10th day of May, 2000, at 10:00 am for
the purpose of hearing the application of Jim and Bonnie Bates, 36961 Weld County Road 31,
Eaton, Colorado 80615, requesting Change of Zone #540 from the A (Agricultural) Zone District
to a PUD (Planned Unit Development) Zone District with five (5) residential lots and two acres
of open space for a parcel of land located on the following described real estate, to-wit:
Lot B of Amended Recorded Exemption #2279;
being part of the NE1/4 of Section 33, Township 7
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 5.3 of the Weld County Planned Unit Development Ordinance
provides standards for review of such a 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
5.3 et seq., of the Weld County Planned Unit Development Ordinance.
2. The request is in conformance with Section 6.4.4 of the Weld County Planned
Unit Development Ordinance as follows:
a. Section 6.4.4.6.1 -- The proposal is consistent with applicable
ordinances. A.Goal 1 states "Preserve prime farmland for agricultural
purposes which fosters economic health and continuance of agriculture."
The subject property is categorized as prime farmground by the U.S.D.A.
Soil Conservation map. The small size and shape of the site makes it
difficult to farm. A.Policy 7 states "Weld County recognizes the 'Right to
Farm.' In order to validate this recognition Weld County has established
an example covenant which should be incorporated on all pertinent land
use plats." The Department of Planning Services will require the
covenant to appear on the recorded plat.
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CHANGE OF ZONE #540 FROM A (AGRICULTURAL) TO PUD - JIM AND BONNIE BATES
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b. Section 6.4.4.6.2 -- The Department of Planning Services staff has
determined that the submitted application does comply with the 20
standards described in Section 2 of the Planned Unit Development
Ordinance.
c. Section 6.4.4.6.3 -- The proposed site does not lie within an urban growth
area, nor is the applicant proposing an urban scale development. In
referral response letters, the Towns of Eaton and Severance have
indicated that they find no conflicts with their interests. The Right To
Farm Covenant will be attached to the request, thus informing any new
residents that the area is agricultural in nature. The Department of
Planning Services believes that granting this Change of Zone will have a
minimal impact on the surrounding land uses.
d. Section 6.4.4.6.4 -- Domestic water and water for fire protection shall be
provided by the North Weld County Water District. Each lot for the
proposed Planned Unit Development shall have an Individual Sewage
Disposal System (I.S.D.S.) installed in accordance with the Weld County
Department of Public Health and Environment requirements and
specifications.
e. Section 6.4.4.6.5 -- The Department of Public Works stated minor
concerns with the internal road; however, the Conditions of Approval
have addressed these concerns.
f. Section 6.4.4.6.6 -- The applicant shall submit on-site and off-site
improvement agreements which shall be approved by the Board of
County Commissioners. The method of guarantee shall conform with
Weld County's policy regarding Collateral for Improvements.
Improvements to the internal road will be required, and shall be ensured
through the Improvements Agreement.
g. Section 6.4.4.6.7 -- The proposed Change of Zone does not lie within any
overlay district identified by the maps officially adopted by Weld County.
The proposed rezoning does not contain the use of any area known to
contain a commercial mineral deposit in a manner which would interfere
with the present or future extraction of such deposit by an extraction to
any greater extent than under the present zoning of the property. Soil
conditions on the site are such that they may present moderate or severe
limitations to the construction of structures proposed for the site. As
indicated by the Colorado Geological Survey, "The primary constraints to
development of the site will be collapsible and/or expansive soils and
expansive bedrock. The site may also contain shallow ground water that
may require the installation of interceptor drains or prohibiting the use of
below grade or basement construction. Special septic system designs
may be required to prevent ground water contamination." In its referral
response dated January 7, 2000, the Colorado Geological Survey
recommended that, "a geotechnical evaluation be done prior to approval
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CHANGE OF ZONE #540 FROM A (AGRICULTURAL) TO PUD - JIM AND BONNIE BATES
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of final plans." In a referral response dated February 23, 2000, the Weld
County Building Inspection Department is requiring engineered
foundations for each structure. A soils report will need to be included
with blueprints when building permits are applied for from the Weld
County Building Inspection Department. These issues are addressed
through the Conditions of Approval.
h. Section 6.4.4.6.8 -- The submitted Conceptual Development Guide
accurately reflects the performance standards and allowed uses
described in the proposed zone district.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Jim and Bonnie Bates 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 Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 9.2 of the
Planned Unit Development Ordinance, and shall be amended to include
the following:
1) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
2) The applicant shall submit a sight distance study for the existing
irrigation structure to the Department of Public Works for review.
Evidence of approval shall be submitted to the Department of
Planning Services.
3) The applicant shall flatten the curve or widen the pavement of the
internal street to address the concerns of the Department of
Public Works (see AASHTO, Widths for Turning Roadways.)
4) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
5) The trail shown on the east boundary of the property shall be
eliminated and shown only as a utility easement.
6) A mail/bus pull off area shall be shown.
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B. A Landscape Plan and maintenance schedule shall be submitted to, and
approved by, the Department of Planning Services. The Landscape Plan
shall adhere to the requirements of Section 6.3.3 of the Weld County
Planned Unit Development Ordinance. The Landscape Plan shall
address adequate buffering and screening from surrounding agricultural
uses.
C. The applicant shall submit a copy of an agreement with the Larimer Weld
Irrigation Company, whose irrigation ditch runs along the west side of the
development, stipulating that all concerns of the ditch company have
been adequately addressed, or submit evidence that reasonable
accommodations have been made.
D. The following notes and information shall be delineated on the Change of
Zone plat:
1) The Planned Unit Development shall consist of five (5) residential
lots, with 1.916 acres of common open space. The Change of
Zone allows for Planned Unit Development uses which shall
comply with the Planned Unit Development Zone District
requirements as set forth in Section 35 of the Weld County Zoning
Ordinance. Each of the five lots shall be buildable. The common
open space shall be owned and maintained in accordance with
Section 6.3.5 of the Planned Unit Development Ordinance.
2) Primary and secondary septic system envelopes shall be
approved by the Weld County Department of Public Health and
Environment at the time of septic permit application and an
easement shall be recorded to show the envelopes. Septic
system envelopes shall meet the setback requirements from the
Eaton Ditch, as well as other required setbacks, as described in
the Weld County Individual Sewage Disposal System (I.S.D S.)
Regulations.
3) Water service shall be provided by the North Weld County Water
District.
4) A Weld County Septic Permit is required for each proposed home
septic system and shall be installed according to the Weld County
I.S.D.S. Regulations.
5) The site shall be developed in accordance with the
recommendations contained in the referral letter, dated
February 2, 1999, from the Colorado Geological Survey.
6) The site shall maintain compliance, at all times, with the
requirements of the Weld County Departments of Public Works,
Public Health and Environment, and Planning Services.
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CHANGE OF ZONE #540 FROM A (AGRICULTURAL) TO PUD - JIM AND BONNIE BATES
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7) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
8) The Right To Farm Covenant, as stated in the Weld County
Comprehensive Plan, shall be recognized at all times.
9) Proper building permits shall be obtained prior to any construction
or excavation.
10) Building permits are required for dwellings and any accessory
buildings being constructed or moved onto the property.
11) All dwellings and some accessory structures will require an
engineered foundation. Such foundation designs shall be based
on a site-specific geotechnical report or an "open hole" inspection
made by a Colorado professional engineer.
12) 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.
13) 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
may reveal other building issues or areas needing attention.
14) Any signage located on the property shall require building permits
and adhere to Section 6.3.6.3 of the Weld County Planned Unit
Development Ordinance and Section 42.2 of the Weld County
Zoning Ordinance, when applicable.
15) The applicant shall comply with Section 8.7 of the Weld County
Planned Unit Development Ordinance 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 submittal of the PUD Final Plan.
The Board may extend the date for the submittal 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."
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3. The Final Plan application shall adhere to Section 7.3 of the Weld County
Planned Unit Development Ordinance, and shall specifically address the
following:
A. The Final Plan application shall include complete Improvements
Agreements in accordance with Sections 12 and 13 of the Weld County
Subdivision Ordinance. The agreements shall include the internal road,
trail, landscaping of the common open space, and any other appropriate
construction elements. The applicant shall indicate if the road
maintenance will be the responsibility of the Homeowners' Association or
if the applicant will request that the road be placed on the County road
system.
B. The Final Plan application shall specify the Homeowners' Association's
method of trail and landscape maintenance.
C. The draft covenants and Homeowners' Association shall address open
space maintenance and landscaping in accordance with Section 6.3.3.2.
D. The applicant shall submit a geotechnical evaluation to the Colorado
Geological Survey for its review. A copy of this report shall be submitted
to the Department of Planning Services.
E. A fifteen (15) foot perimeter and ten (10) foot lot line easement is
required for utilities. This shall be corrected prior to the final plat
application.
F. Language for the preservation and/or protection of the second absorption
field envelope shall be added to the development covenants.
1) The covenants shall state that activities such as landscaping (i.e.
planting of trees and shrubs) and construction (i.e. accessory
structures, dirt mounds, etc.), are expressly prohibited in the
designated absorption field site.
2) Primary and secondary leach fields shall be approved by the Weld
County Department of Public Health and Environment at the time
of septic permit approval and the easements are recorded.
G. Prior to submittal of the Final Plan plat:
1) The applicant shall provide evidence to the Department of
Planning Services that all the requirements of the Eaton Fire
Protection District have been met.
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CHANGE OF ZONE #540 FROM A (AGRICULTURAL) TO PUD - JIM AND BONNIE BATES
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2) The applicant shall provide evidence to the Department of
Planning Services that the Department of Public Works has
reviewed and approved the configuration of the road, as indicated
in its referral response dated March 1, 2000.
3) Evidence shall be submitted to the Department of Planning
Services that the requirements of the Eaton School District RE-2
have been met.
4. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and a Stop sign at the
appropriate location adjacent to Weld County Road 31 and the entrance
to the subdivision.
B. A soils report shall be supplied to the Weld County Building Inspections
Department, with blueprints, when applying for building permits.
5. Final Plan approval may be granted by the Department of Planning Services
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �I 4 E. � [ i� J ,i'%7 e
'a Barbara J. rkmeyer, hair ��
Weld Co y t• e : v?
/ �.r J G ile, Pro-Tem
DDD BY: Deputy Clerk to the Bo: . 1
e'E. Baxter
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AP p_ROV2ED AST M:
Dale K Hall
- my Attorney
Glenn Vaad
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