HomeMy WebLinkAbout20003073.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#553 FROM A(AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT -ALBERT CHALLENGER
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 13th day of December, 2000, at 10:00
a.m. for the purpose of hearing the application of Albert Challenger, P.O. Box 448, Evergreen,
Colorado 80439, 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 W1/2 of Section 29, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant, Al Challenger, 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#197 as follows:
a. Section 6.4.4.6.1 --The proposal is consistent with the Comprehensive
Plan, Mixed Use Development Ordinance if applicable, any
Intergovernmental Agreement in effect influencing the Planned Unit
Development, and the Weld County Zoning and Subdivision 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 "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's Right to Farm Covenant
has been established which shall be incorporated on all pertinent land
use plats."
b. Section 6.4.4.6.2 --The uses which will be allowed in the proposed
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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. 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, except for Section 2.5, Common Open Space.
Section 2.5 states, "Common open space in the PUD Zone District shall
be owned and maintained in perpetuity by an organization established
specifically for such ownership and maintenance purposes." Currently,
the applicant is proposing the owner of Lot 1-A shall own the open space
lots, Lot 1-B and Lot 1-C. Although the open space is visually and
aesthetically pleasing, private ownership of the open space lots does not
meet the intent of Section 2.5.
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 Plan of affected
municipalities. The proposed site does not lie within an urban growth
area, nor is the applicant proposing an urban-scale development. The
Towns of Milliken and Johnstown are both within the three-mile referral
area of this proposal. The Town of Milliken responded that this proposal
did not conflict with its interests, and the Town of Johnstown responded
that the proposal did not comply with its Comprehensive Plan. The
referral expressed opposition to development that created enclaves in the
area of urban growth until an Intergovernmental Agreement (IGA) is in
place. Weld County does have an IGA with the Town of Milliken, but not
the Town of Johnstown, at this time.
d. Section 6.4.4.6.4 -- Domestic water and water for fire protection shall be
provided by Little Thompson Water District. The State of Colorado,
Division of Water Resources, has indicated in its referral response dated
October 13, 2000, that the Water District has submitted sufficient
evidence documenting water can be made available and is an adequate
supply for this development. Each lot for the proposed Planned Unit
Development will have an Individual Sewage Disposal System (I.S.D.S.)
installed per the Weld County Department of Public Health and
Environment requirements and specifications. Conditions of Approval
and notes on the plat ensure that water and sewer issues have been
adequately addressed.
e. Section 6.4.4.6.5 -- 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. The Weld County Department of Public Works has
submitted Conditions of Approval in its referral response, dated
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November 28, 2000, that will ensure that the street facilities providing
access to this proposal are adequate.
f. Section 6.4.4.6.6— In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway
facilities in conformance with the Transportation Section of the
Comprehensive Plan, Subdivision Ordinance, and the Mixed Use
Development Ordinance, if applicable. This shall be shown by
submitting, with the Planned Unit Development application, a separate
proposal for on-site and off-site improvement agreements. This proposal
shall describe, in detail, the type of on-site improvements in compliance
with Section 12 of the Subdivision Ordinance and off-site road
improvements in compliance with Section 13 of the Subdivision
Ordinance, to determine if the requirement for street or highway facilities
providing access to the property has been satisfied. 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 at the Final
plan stage of this proposal.
g. Section 6.4.4.6.7 -- The site does lie within the flood plain as identified on
FIRM panel map number 080266-0615C. A Condition of Approval will
require Flood Hazard Development Permits on each lot prior to
construction occurring, 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 site
has been mined previously under a Site Specific Development Plan and
Amended Special Review Permit#672. The Colorado Geological Survey
sent a referral, dated May 19, 2000, for the Sketch Plan phase of this
proposal and indicated its concerns were only with shallow ground water
and soil conditions on the building sites. In a referral response, dated
November 3, 2000, the Weld County Department of Building Inspection is
requiring engineered foundations for each residential structure and
possibly accessory structures, as well. 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 -- 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 with the exception of the Common Open Space, as described
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previously. The applicant is requesting that the Final Plan be
administratively reviewed. The Department of Planning Services staff
concurs with this request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Albert Challenger 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 text of Weld County's current Right to Farm Covenant from
the Weld County Comprehensive Plan, dated October 31, 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.
5) The final plat shall be modified to show a 60-foot right-of-way on
the internal street.
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.
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.
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D. The Drainage Study shall be modified to allow a detention pond for the
entire site, and a water surface elevation be provided for the 100 Year
Storm.
E. 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 approximately forty-three (43) acres of open space,
including a Conservation Easement for a Heron Rookery. 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.
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 Little Thompson Valley
Water District.
4) 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.
5) 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 Health Department, a Fugitive Dust Control Plan must be
submitted.
6) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than 5
acres of land must incorporate all available and practical methods
which are technologically feasible and economically reasonable in
order to minimize dust emissions.
7) If land development creates more than a 25-acre contiguous
disturbance, or exceeds 6 months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice, and apply for a permit from the
Colorado Department of Public Health and Environment.
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8) All construction or improvements occurring in the flood plain as
delineated on Federal Emergency Management Agency
(F.E.M.A.) FIRM Community Panel Map 080266-0615C, dated
September 28, 1982, shall comply with the Flood Hazard Overlay
District requirements of Section 26 of the Weld County Zoning
Ordinance.
9) 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. In accordance with the Colorado I.S.D.S.
Regulations, no septic systems shall be installed within the
floodway.
10) 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.
11) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
12) Weld County's Right to Farm, as stated in the Weld County
Comprehensive Plan, dated October 31, 2000, shall be
recognized at all times.
13) Proper building permits shall be obtained prior to any construction
or excavation.
14) Building permits are required for dwellings, and any accessory
buildings being constructed or moved onto the property.
15) 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.
16) 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.
17) 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.
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18) 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.
19) A proponent of the project shall contact the office of the
Department of the Army, Corps of Engineers for the proper
Department of the Army permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act 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.
20) 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."
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 a complete Improvements
Agreement in accordance with Sections 12 and 13 of the Weld County
Subdivision Ordinance. The agreement shall include the internal road,
any trails, landscaping 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.
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B. The Final Plan application shall specify the Homeowners' Association's
method of trail and/or landscape maintenance.
C. A fifteen (15)foot perimeter and ten (10)foot lot line easement is
required for utilities on each lot. This shall be shown on the final plat
map.
D. 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 Johnstown Fire
Protection District have been met.
2) Evidence shall be submitted to the Department of Planning
Services that the requirements of the Weld County School District
RE-5J have been met.
3) Evidence shall be submitted to the Department of Planning
Services that the requirements of the United States Department of
the Interior, Fish and Wildlife Service, have been met.
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 lots or
open space areas.
B. The applicant shall supply designated street signs and a Stop sign at the
appropriate location adjacent to Weld County Road 15.5 and at 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO O
ATTEST: �� !) L _ / . IA,er
Barbara J. Kirkmeyer, hair
Weld County Clerk to ,q •, ���
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1 �. i e, Pro-Tem
BY: Deputy Clerk to the
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v��►� z eorge Baxter
KAPR DASTO RM:
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