HomeMy WebLinkAbout20000843.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #537 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - CULLISON FAMILY
FARMS, LLC/GEORGE A. NELSON FARM, INC.
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 a.m. for
the purpose of hearing the application of Cullison Family Farms, LLC, and George A. Nelson
Farm, Inc., do Everitt Enterprises, Inc., 3030 South College, Fort Collins, Colorado 80525,
requesting a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit
Development) Zone District for 114 lots with E (Estate) uses and 58.17 acres of open space for
a parcel of land located on the following described real estate, to-wit:
Parts of Section 28 and 33, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Stan Everitt, Everitt Enterprises, Inc., 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 -- The Goals and Policies of the Weld County
Comprehensive Plan support the approval of urban-scale development
outside of Urban Growth Boundary areas or areas served by urban
infrastructure.
1) UGB.Goal 2 states, "Concentrate urban development in or
adjacent to existing municipalities or the 1-25 Mixed Use
Development area and maintain urban growth boundary areas
that provide an official designation between future urban and non-
urban uses."
2000-0843
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CHANGE OF ZONE #537 FROM A (AGRICULTURAL) TO PUD - CULLISON FAMILY FARMS,
LLC/ GEORGE A. NELSON FARM, INC.
PAGE 2
2) A.Goal 4 states, "... provide a mechanism for the division of land
which is agriculturally zoned."
3) A.Goal 6 states, "Public facilities and services such as sewer,
water, roads, schools, and fire and police protection must be
provided and developed in a timely, orderly, and efficient manner
to support the transition of agricultural land to urban
development."
b. Section 6.4.4.6.2 -- 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 Section 2 of
the Planned Unit Development Ordinance.
1) The proposed common open space of 58.12 acres is in
compliance with Section 2.5 of the Planned Unit Development
Ordinance. Section 6.3.5.2.7 of the Planned Unit Development
Ordinance states, "All PUD's containing a residential element shall
provide for a 15% common open space allocation."
2) Section 2.6 of the Planned Unit Development Ordinance states,
"The density, design, and location of land uses within and
adjoining the PUD shall be designated to be compatible with other
uses within and adjoining the PUD."
c. Section 6.4.4.6.3 -- 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 the Comprehensive Plan or Master Plans of affected
municipalities.
d. Section 6.4.4.6.4 -- 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 Section 2 of the Planned
Unit Development Ordinance.
e. Section 6.4.4.6.5 -- 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
Zone District.
f. Section 6.4.4.6.6 -- An On-Site Improvement Agreement will be required
in compliance with Sections 12 and 13 of the Weld County Subdivision
Ordinance.
2000-0843
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CHANGE OF ZONE #537 FROM A (AGRICULTURAL) TO PUD - CULLISON FAMILY FARMS,
LLC/ GEORGE A. NELSON FARM, INC.
PAGE 3
g. Section 6.4.4.6.7 -- There has been compliance with the applicable
requirements contained in the Zoning Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject
site.
h. Section 6.4.4.6.8 -- The submitted Development Guide accurately reflects
the performance standards and allowed uses described in the proposed
zone district. In accordance with Section 2.3 of the Weld County Planned
Unit Development Ordinance, the application materials propose Estate
uses, while varying from the minimum lot size in the E (Estate) Zone
District. Section 36.3.1 of the Weld County Zoning Ordinance
establishes 2.5 acres as the minimum lot size in the E (Estate) Zone.
District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Cullison Family Farms, LLC, and George A.
Nelson Farm, Inc., 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 applicant shall supply evidence that all requirements of the Windsor-
Severance Fire Protection District have been met.
B. The applicant shall provide a signed copy of the agreement which
assures compliance with School District RE-4 requirements.
C. The applicant shall provide a copy of a draft Improvements Agreement
which addresses all access concerns, as indicated by the Weld County
Department of Public Works. The Agreement shall also address open
space, landscaping, and any other amenities contained within the
development.
D. The applicant shall submit a Landscape Plan that complies with all of the
requirements of Section 6.3.3 of the Planned Unit Development
Ordinance to the Department of Planning Services for approval.
E. The applicant shall enter into an agreement with the Larimer/Weld Canal
to address ingress and egress necessary for the operation and
maintenance of the ditch. A copy of this agreement shall be submitted to
the Department of Planning Services.
2000-0843
PL1408
CHANGE OF ZONE #537 FROM A (AGRICULTURAL) TO PUD - CULLISON FAMILY FARMS,
LLC / GEORGE A. NELSON FARM, INC.
PAGE 4
3. 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:
A. The plat shall delineate rights-of-way, parking, curb, gutter and sidewalks
on the interior road.
B. The name of all streets, which shall not conflict with any other streets
within the particular U.S. Postal area. Evidence of Postal Service
approval shall be submitted to the Department of Planning Services.
C. The plat shall be amended to indicate all lot lines and Common Open
Space areas.
D. The plat shall be amended to delineate one hundred fifty (150) feet of
Mountain Meadow Drive and Cullison Ridge Road as collector status.
The right-turn taper shall be increased to ninety (90) feet.
E. The plat shall be amended to show seventy-five (75) feet from the center
line of State Highway 257 right-of-way reservation.
F. The applicant shall provide to the Department of Planning Services a
Landscape Plan for approval. The Landscape Plan shall meet all the
requirements of Section 9.3 of the Planned Unit Development Ordinance.
G. The plat shall delineate a typical cross section reflecting local and
collector streets and include delineation and labeling for depth of the
asphalt and base or full depth asphalt.
H. The plat shall be amended to indicate adequate pedestrian pathways,
trails or sidewalks.
4. The following notes shall be delineated on the Change of Zone plat:
A. The Planned Unit Development shall consist of 114 lots approved for
Estate-type uses and common open space. The Change of Zone allows
for Residential uses which shall comply with the E (Estate) Zone District
requirements as set forth in Section 36 of the Weld County Zoning
Ordinance. The common open space and road shall be owned and
maintained in accordance with Section 6.3.5 of the Planned Unit
Development Ordinance.
B. A Weld County Septic Permit is required for each proposed home septic
system and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
2000-0843
PL1408
CHANGE OF ZONE #537 FROM A (AGRICULTURAL) TO PUD - CULLISON FAMILY FARMS,
LLC / GEORGE A. NELSON FARM, INC.
PAGE 5
The development shall obtain water service from North Weld County
Water District.
D. Each septic system shall be designed for site-specific conditions that
include, but are not limited to, maximum seasonal high groundwater, poor
soils, and shallow bedrock.
E. Two septic system envelopes shall be designated on each lot. Verbiage
shall be placed in the development covenants that restricts activities in
the unused septic system envelope. Specifically, activities such as
landscaping, i.e., the planting of shrubs and trees; and construction, i.e ,
auxiliary structures, dirt mounds, etc. should be expressly prohibited in
the designated leach field sites. The covenants should encourage
maintaining these areas in grass.
F. Effective December 1, 1999, Building Permits issued on the proposed
subdivision lots shall be required to adhere to the fee structure of the
Windsor Service Area Road Impact Program.
G. All development shall adhere to the requirements of the Windsor-
Severance Fire Protection District.
H. 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 when applicable.
Prior to the release of any building permits, foundations shall be
engineered at each separate building site.
J. 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.
K. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
L. Prior to any work at this site which may involve the excavation in or the
discharges of dredged or fill material into waters of the United States
which may include streams, open water lakes, ponds or wetlands, the
property should be examined for these areas pursuant to Section 404 of
the Clean Water Act. Any wetlands shall be delineated and mapped.
M. The applicant shall comply with Section 8.7 of the Weld County Planned
Unit Development Ordinance as stated on Page 37, effective January 26,
1998.
2000-0843
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CHANGE OF ZONE #537 FROM A (AGRICULTURAL) TO PUD - CULLISON FAMILY FARMS,
LLC / GEORGE A. NELSON FARM, INC.
PAGE 6
N. Irrigation water from the Larimer/Weld Canal is not potable and may
cause health, safety, and welfare problems if used for purposes not
intended. The intended use is for irrigation and not for human use.
5. 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. A signed and dated Road Improvements Agreement for On-site
Improvements with Weld County.
B. An Improvements Agreement in accordance with Sections 12 and 13 of
the Weld County Subdivision Ordinance. The agreement shall include
streets, curb, gutter, sidewalk, emergency access, trail, landscaping of
the common open space and any other appropriate construction
elements. The Improvements Agreement shall further demonstrate
compliance with all recommendations of the Weld County Department of
Public Works, as described in its referral dated January 28, 2000.
C. Evidence that the conditions of the North Weld County Water District
have been addressed and that taps are available.
D. Specify the method of trail and open space area maintenance by the
Homeowners' Association.
E. The draft covenants shall include the most recent Right To Farm
Covenant contained in the Weld County Comprehensive Plan.
F. 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.
G. The Final Plan application shall be reviewed by the Board of County
Commissioners for final approval.
H. The applicant shall attempt to meet the requirements of the Town of
Windsor as outlined in a letter dated February 17, 2000.
I. The applicant shall submit to the Department of Planning Services a
drainage report that meets the requirements of Sections 10.12 and 10.13
of the Weld County Subdivision Ordinance.
J. The Final Plan application shall provide, by means of the Development
Guide, Final Plat provisions, Covenants, and Improvements Agreement
provisions, for private maintenance, snow removal, and upkeep of the
internal street system.
2000-0843
PL1408
CHANGE OF ZONE #537 FROM A (AGRICULTURAL) TO PUD - CULLISON FAMILY FARMS,
LLC / GEORGE A. NELSON FARM, INC.
PAGE 7
6. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and Stop signs, as
required by Weld County Department of Public Works, at the appropriate
location adjacent to State Highway 257.
B. Dwellings on each lot are required to have engineered foundations and
an open hole inspection conducted by a geotechnical engineer.
Outbuildings, including foundations, shall be built to the requirements of
the Weld County Building Code. Commercial buildings shall be designed
by an architect or engineer licensed by the State of Colorado.
Engineered foundations and an open hole inspection, conducted by a
geotechnical engineer will be required for all commercial structures.
C. Evidence shall be given to the Department of Planning Services that all
the requirements of the Windsor-Severance Fire Protection District have
been met.
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
,k� l ( � 1, A WE D COUNTY, COLO ADO
r t
1 lell/0/eUgh
_ Barbara J irkmeyer, Chair
lerk to the Board
/ • M. J. eile, Pro-Tem
Deputy Clerk to the Board -.
Ge r E. Baxter
APPROVE2D AS TO F c
Dale . Hall
2Z. L_
1/"
ounty Attor:2ey �___ -^ i z1 ‘;'.,Lc- _
Glenn Vaad `— ---
2000-0843
PL1408
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