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Home My WebLink About20001633.tiff RESOLUTION RE: GRANT CHANGE OF ZONE #545 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - HARVEY AND JEAN MARKHAM 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 August 2000, at 10:00 a.m. for the purpose of hearing the application of Harvey and Jean Markham, 650 Highway 56, Berthoud, Colorado 80513, 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: Part of the N1/2 NE1/4 of Section 19, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was present at said hearing, 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 #197 as follows: a. Section 6.4.4.6.1-- 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 the shape of the site make it difficult to farm. A,P'olicy 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. The proposed subdivision is not located within the Mixed Use Development area. cc , A2 4PP, Pet II/ (2:19) 2000-1633 PL1424 CHANGE OF ZONE #545 FROM A (AGRICULTURAL) TO PUD - HARVEY AND JEAN MARKHAM PAGE 2 b. Section 6.4.4.6.2 -- 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 a referral response, dated May 16, 2000, the Town of Berthoud has indicated that the proposal complies with its Comprehensive Plan. The Right to Farm Covenant will be attached to the request thus informing any new residents that the uses in the surrounding area are agricultural in nature. The Department of Planning Services believes 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 Little Thompson Water District. The Little Thompson Water District, in its April 3, 2000, referral, indicated that there is adequate capacity to serve this proposed Planned Unit Development. Each lot for the proposed Planned Unit Development shall have an Individual Sewage Disposal System (I.S.D.S.) installed per the Weld County Department of Public Health and Environment requirements and specifications. e. Section 6.4.4.6.5 -- The Weld County Department of Public Works reviewed this request and indicated that the 60-foot right-of-way shall have further delineation of 12-foot driving lanes with four-foot shoulders. Improvements to the internal road will be required and shall be ensured through an Improvements Agreement. f. Section 6.4.4.6.6 -- Improvements to the internal road will be required and shall be ensured through an Improvements Agreement. The applicant will be required to submit a detailed drainage study for the final plat, and drainage improvements will need to be included in 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 not such that they present moderate or severe limitations to the construction of structures of facilities proposed for the site. In a referral response dated February 2, 1999, the Colorado Geological Survey recommended that, "the foundations for these structures be based on site-specific soils investigations anc that radon- mitigative design be considered for all occupied structures." In a referral 2000-1633 PL1424 CHANGE OF ZONE #545 FROM A (AGRICULTURAL) TO PUD - HARVEY AND JEAN MARKHAM PAGE 3 response dated May 10, 2000, the Weld County Department of Building Inspection requested engineered foundations for all principal dwellings (in some cases engineered foundations may be required for accessory buildings). A soils report will need to be included with blueprints when building permits are applied for with the Weld County Department of Building Inspection. 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 Harvey and Jean Markham for a Change of Zone from A (Agricultural) 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 text of the Right to Farm Covenant as stated on Page 7-1 of the Weld County Comprehensive Plan, effective March 25, 2000. 2) The typical road cross section shall be changed to indicate 12-foot driving lanes with four-foot shoulders on the Final Plat. 3) The name of the street, which shall not conflict with any other street within the particular U.S. Postal area. 4) Indicate the location of the retention pond, configuration of the retention pond and outlet structure, and any additional cross drainage culverts across the internal roadway (including any in the State Highway right-of-way at the entrance). 5) Delineate 75 feet of road right-of-way from the centerline of State Highway 56. 6) Indicate the extent to which the existing greenhouse and existing building will be shortened. No portion of these buildings shall be allowed in the right-of-way for Markham Court. 2000-1633 PL1424 CHANGE OF ZONE #545 FROM A (AGRICULTURAL) TO PUD - HARVEY AND JEAN MARKHAM PAGE 4 7) Primary and secondary septic system envelopes and a building envelope shall be designated on each lot. Septic systems should meet the required setbacks as described in the Weld County I.S.D.S. Regulations. 8) A Landscape Plan and maintenance schedule shall be submitted to the Department of Planning Services for review and approval 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. B. The following notes and information shall be delineated on the Change of Zone plat: 1) The Planned Unit Development shall consist of four (4) lots. The Change of Zone allows for Estate 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 four 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 (Ordinance 197). 2) Water service shall be provided by the Little Thompson Water District. 3) 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. 4) The site shall be developed in accordance with the recommendations contained in the referral letter from the Colorado Geological Survey, dated February 2, 1999. 5) 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. 6) Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. 7) The Right to Farm Covenant, as stated on this plat, shall be recognized at all times 8) Proper building permits shall be obtained prior to any construction or excavation. 2000-1633 PL1424 CHANGE OF ZONE #545 FROM A (AGRICULTURAL) TO PUD - HARVEY AND JEAN MARKHAM PAGE 5 9) Building permits are required for dwellings and any accessory buildings being constructed or moved onto the property. 10) All dwellings, and some accessory structures, will require an engineered foundation. Such foundation design shall be based on a site-specific geotechnical report or an "open hole" inspection made by a Colorado licensed engineer. 11) All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5-A of the '997 Uniform Building Code. 12) 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. 13) Any signage located on the property shall require building permits and adhere to Section 42.4 of the Weld County Zoning Ordinance and Section 6.3.6.3 of the Weld County Planned Unit Development Ordinance. 14) 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 PIJC Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandonec. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or ;hat 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 " 3. Prior to recording the Final Plan plat: A. The applicant shall provide evidence to the Department of Planning Services that all the requirements of the Berthoud Fire Protection District have been met, as outlined in a referral response letter, dated June 5, 2000. 2000-1633 PL1424 1424 CHANGE OF ZONE #545 FROM A (AGRICULTURAL) TO PUD - HARVEY AND JEAN MARKHAM PAGE 6 B. The applicant shall provide evidence to the Department of Planning Services that the Department of Public Works has reviewed and approved the test results of compaction testing of subgrade, base, and asphalt. C. The applicant shall address the requirements of Thompson School District R2-J as stated in a referral received May 17, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. D. Evidence shall be submitted to the Department of Planning Services that the requirements of the Colorado Department of Transportation have been met in accordance with the referral letter, dated June 21, 2000. 4. The Final Plan application shall adhere to Section 7.3 of the Weld County Planned Unit Development Ordinance and shall specifically address the following as well: A. The Final Plan application shall include Improvements Agreements n 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 of Markham Court 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. A copy of declaration of covenants, grants of easement, and restrictions imposed upon any land, buildings and structures with the Planned Unit Development. The document shall include, but not be limited to: 1) The text of the Right to Farm Covenant as stated on Page 7-1 of the Weld County Comprehensive Plan, effective March 25, 2000. 2) The draft covenants and Homeowners' Association shall address open space maintenance and landscaping in accordance with Section 6.3.3.2 of the Planned Unit Development Ordinance Language for the preservation and/or protection of the second absorption field envelope should be included in the Covenants. The Covenants should state that activities such as landscaping (i.e., planting of trees and shrubs) and construction (i.e., auxiliary structures, dirt mounds, etc.) are expressly prohibited in the designated absorption field site. 2000-1633 PL1424 CHANGE OF ZONE #545 FROM A (AGRICULTURAL) TO PUD - HARVEY AND JEAN MARKHAM PAGE 7 D. Applicants shall submit an agreement, or evidence of payment, with the Little Thompson Water District outlining payment of tap fee, system development fee, and provision of collateral for any internal improvements. E. A detailed Drainage Study, signed by a Colorado licensed engineer, shall be submitted with the Final Plat application. 5. 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 Markham Court. B. A Soils Report shall be supplied to Weld County Department of Building Inspection with blueprints when applying for building permits. C. During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, a Fugitive Dust Control Plan must be submitted to the Weld County Department of Public Health and Environment at its request. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 2000. BOARD OF COUNTY COMMISSIONERS c /Jt%7 WELD COUNTY, COLORADO ATTEST: rl / � 4 ti L L/_/ice '- Barbara J. ' kmeyer, Chair `-/ 91A k to the Board % �/, �— ; F . ,' //../ J 3eile, Pro-Tem �. C the Board EXCUSED --_ �� iv/CA Trge . Baxter — --- 1. P 1 RRM: Dale K. Hall u Attorney EXCUSED DATE OF SIGNING —(AYE) Glenn Vaad 2000-1633 PL1424 Hello