HomeMy WebLinkAbout20001463 RESOLUTION
RE: GRANT CHANGE OF ZONE #544 FROM A(AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - HARRY AND ILDIKO
OYLER/DONALD LAFAVER
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 19th day of July, 2000, at 10:00 a.m. for
the purpose of hearing the application of Harry and Ildiko Oyler, 9777 Weld County Road 7,
Longmont, Colorado 80504, and Donald LaFaver, 2185 Pinedrop Lane, Golden, Colorado
80401, co-applicants, requesting a Change of Zone from the A (Agricultural) Zone District to a
PUD (Planned Unit Development) Zone District for five (5) residential lots with 25 acres of open
space for a parcel of land located on the following described real estate, to-wit:
SW1/4 SW1/4 of Section 29, Township 2 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 "other lands" by the
U.S.D.A. Soil Conservation Map. 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.
b. Section 6.4.4.6.2 -- The Department of Planning Services has determined
that the submitted application complies with the 20 standards described
in Section 2 of the PUD Ordinance, Ordinance #197.
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PL14 21
CHANGE OF ZONE #544 FROM A (AGRICULTURAL) TO PUD - HARRY AND ILDIKO
OYLER/DONALD LAFAVER
PAGE 2
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.
The Towns of Dacono, Firestone and Frederick were all sent referrals for
this proposal; however, the towns have not responded, indicating no
conflict with their interests.
d. Section 6.4.4.6.4 -- Domestic water and water for fire protection shall be
provided by the Left Hand Water District. 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 Department of Public Works has submitted
conditions of approval which require the internal road be paved,
according to its standards. A Drainage Study is required and shall be
submitted prior to the final plat.
f. Section 6.4.4.6.6 — Improvements to the internal road will be required,
and shall be ensured through an Improvements Agreement.
g. Section 6.4.4.6.7 -- The site does lie within the flood plain as identified on
FIRM panel map number 080266-0850C. A Condition of Approval will
require a Flood Hazard Development Permit prior to construction
occurring on any of the lots, including the common open space areas.
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. The
Colorado Geological Survey and Longmont Soil Conservation District had
no conflicts with their interests, as stated in referral responses dated
March 31, 2000 and May 18, 2000. In a referral response dated March
22, 2000, the Weld County Department of Building Inspection requested
engineered foundations for each structure. A Soils Report will need to
be included with blueprints when building permits are applied for with the
Weld County Department of Building Inspection. These issues are
addressed through Conditions of Approval.
h. Section 6.4.4.6.8 -- The submitted Specific Development Guide
accurately reflects the performance standards and allowed uses
described in the Planned Unit Development Zone District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Harry and Ildiko Oyler and Donald LaFaver, co-
applicants, for Change of Zone #544 from the A (Agricultural) Zone District to a PUD (Planned
Unit Development) Zone District for five (5) residential lots with 25 acres of open space on the
above referenced parcel of land be, and hereby is, granted subject to the following conditions
2000-1463
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CHANGE OF ZONE #544 FROM A (AGRICULTURAL) TO PUD - HARRY AND ILDIKO
OYLER/DONALD LAFAVER
PAGE 3
1. The Change of Zone plat map shall be submitted to the Department of Planninc
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) Primary and secondary septic system envelopes shall be
designated on each lot. Each envelope must meet minimum
current setbacks as specified in the Weld County I.S.D.S.
Regulations.
3) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
4) A mail/bus pull-off area shall be shown.
B. A Landscape Plan and maintenance schedule shall be 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 and the Oil
and Gas Facility located between Lots 3 and 4.
C. 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,
etc.) are expressly prohibited in the designated absorption field site.
D. The eight-inch (8") underground irrigation pipe shall be relocated to the
drainage easement to allow for septic system envelopes on Lot 1.
E. The applicant shall submit a copy of an agreement with the Union Pacific
Resources Company and Union Pacific Land Resources Corporation,
stipulating that all concerns of the company have been adequately
addressed or submit evidence that reasonable accommodations have
been made.
F. The following notes and information shall be delineated on the Change of
Zone plat:
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CHANGE OF ZONE #544 FROM A (AGRICULTURAL) TO PUD - HARRY AND ILDIKO
OYLER/DONALD LAFAVER
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1) The Planned Unit Development shall consist of five (5) residential
lots, with 25.80 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) 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.
3) Water service shall be provided by the Left Hand Water District.
4) All construction or improvements occurring in the flood plain as
delineated on Federal Emergency Management Agency
(F.E.M.A.) Community Panel Map #080266-850C, dated
September 28, 1982, shall comply with the Flood Hazard Overlay
District requirements of Section 26 of the Weld County Zoning
Ordinance.
5) The installation of any septic system within the One Hundred Year
Flood Plain shall comply with the Weld County I.S.D.S. Flood
Plain Policy.
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.
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 design shall be based
on a site-specific geotechnical report or an "open hole" inspection
made by a Colorado professional engineer.
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CHANGE OF ZONE #544 FROM A (AGRICULTURAL) TO PUD - HARRY AND ILDIKO
OYLER/DONALD LAFAVER
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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) Effective December 1, 1999, Building Permits issued on the
proposed subdivision lots shall be required to adhere to the fee
structure of the Southwest Weld Service Area Road Impact
Program.
16) 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 Planned Unit
Development Final Plan application is not submitted within two (2)
years of the date of the approval of the Planned Unit Development
Zone District, the Board of County Commissioners shall require
the landowner to appear before it and present evidence
substantiating that the Planned Unit Development project has not
been abandoned and that the applicant possesses the willingness
and ability to continue with the submittal of the Planned Unit
Development Final Plan. The Board may extend the date for the
submittal of the Planned Unit Development Final Plan application
and shall annually require the applicant to demonstrate that the
Planned Unit Development has not been abandoned. If the Board
determines that conditions or statements made supporting the
original approval of the Planned Unit Development Zone District
have changed or that the landowner cannot implement the
Planned Unit Development Final Plan, the Board of County
Commissioners may, at a public hearing, revoke the Planned Unit
Development Zone District and order the recorded Planned Unit
Development Zone District reverted to the original Zone District
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 as well:
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,
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CHANGE OF ZONE #544 FROM A (AGRICULTURAL) TO PUD - HARRY AND ILDIKO
OYLER/DONALD LAFAVER
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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 method of trail and landscape
maintenance by the Homeowner's Association.
C. 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.
D. A fifteen (15) foot perimeter easement and a ten (10) foot lot line
easement are required for utilities. These shall be shown on the Final
Plan plat map.
E. 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 Mountain View
Fire Protection District have been met.
2) Evidence shall be submitted to the Department of Planning
Services that the requirements of St. Vrain Valley School District
RE-1J have been met.
3) A detailed drainage study, signed by a Colorado licensed
engineer, must be submitted to the Departments of Planning
Services and Public Works. All roadway culverts shall be
evaluated in the study.
4) If any work associated with this project requires the placement of
dredged or fill material, and any excavation associated with a
dredge or fill project, either temporary or permanent, in waters of
the United States which may include streams, open water lakes.
ponds or wetlands at this location, the office of the Department of
the Army, Corps of Engineers, shall be contacted by a proponent
of the project for the proper Department of the Army permits or
changes in permit requirements pursuant to Section 404 of the
Clean Water Act.
4. Prior to the release of any building permits:
A. A Flood Hazard Development Permit shall be approved by the
Department of Planning Services prior to any construction on the site.
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CHANGE OF ZONE #544 FROM A (AGRICULTURAL) TO PUD - HARRY AND ILDIKO
OYLER/DONALD LAFAVER
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B. 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.
C. A soils report shall be supplied to Weld County Department of Building
Inspection 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 19th day of July, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
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2000-1463
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