HomeMy WebLinkAbout991502.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) DISTRICT - MARK AND JACKIE EBERL, % TODD
HODGES DESIGN, LLC
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 23rd day of June, 1999, at 10:00 a.m. for
the purpose of hearing the application of Mark and Jackie Eberl P.O. Box 668, Mead, Colorado
80542, requesting a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned
Unit Development) District for a parcel of land located on the following described real estate, to-
wit:
Part of the NE'/ of Section 21, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Todd Hodges, Todd Hodges Design,
LLC, and
WHEREAS, Section 28.8 of the Weld County Zoning 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 submitted materials are in compliance with the application requirements of
Section 5.3 of the Weld County Planned Unit Development Ordinance #197.
2. The submitted materials are in compliance with Section 6.4.6 of the Weld County
Planned Unit Development Ordinance #197 as follows:
A. Section 6.4.6.2.2 - Section 2.6 of the PUD Ordinance #197 states, "The
density, design, and location of land uses within and adjoining a PUD
shall be designed to be compatible with other uses within and adjoining
the PUD." Although the application proposes urban-scale development
without urban infrastructure, the proposed land uses would be consistent
with the adjacent Hunter's Ridge Subdivision developed by the Town of
Mead. The Weld County Department of Public Health and Environment
referral indicates that the application conforms with Section 2.20 of the
PUD Ordinance #197; however, the Department did indicate concerns
with groundwater conditions and shallow bedrock.
B. Section 6.4.6.2.3 - The proposal is located within the three-mile referral
area of the Town of Mead. A sketch plan referral response from the
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CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - MARK AND JACKIE EBERL,
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Town of Mead states, "...this proposal conflicts with our interests" but also
states that "this development would complement the existing Town and
would provide continuity in planning and regulating the development of
land." Given the Town's desire for the proposal to annex to Mead, the
Department of Planning Services' sketch plan comments encouraged the
applicant to work with the Town of Mead toward annexation and future
connection to their sanitary sewer system as requested in the Town's
referral response. The proposed density is consistent with that of
Hunter's Ridge Subdivision, which contains 20 one-acre lots. The
proposal is surrounded on the north, south and west by agricultural uses.
Staff would require that the Right to Farm Covenant be placed on the
plat.
C. Section 6.4.6.2.4 - This application does not propose public sewer.
Private septic systems are proposed for each individual lot. The Weld
County Department of Public Health and Environment referral indicates
that the application satisfies PUD Ordinance #197 with regard to water
and sewer service. Public water is proposed to be supplied by the Little
Thompson Water District and the application materials include a
conditional service commitment letter. However, the Colorado Division of
Water Resources stated in its sketch plan referral that "pursuant to
Section 30-28-136(1)(h)(II), it is our opinion that the [Little Thompson
Water] District has not submitted sufficient evidence documenting that
the proposed water supply can be provided without causing injury to
existing water rights."
D. Section 6.4.6.2.5 - The Weld County Public Works Department's referral
comments indicate conditional approval of the application. The Public
Works Department has requested that dust suppressant and provision for
street grading for the internal road be assured through the Improvement's
Agreement, and that the typical road cross-section be placed on the plat.
E. Section 6.4.6.2.6 - 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 MUD Ordinance, if
applicable. This shall be shown by submitting, with the PUD district
application, a separate proposal for on-site and off-site road
improvements. This proposal shall describe, in detail, the type of on-site
improvements 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.
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F. Section 6.4.6.2.7 - The subject site is not located within any overlay
districts.
G. Section 6.4.3.1.8 - Lot 9, the 63.162-acre southernmost lot, is proposed
to allow for A (Agricultural) Zone District uses, which is consistent with
surrounding agriculturally zoned land to the north, south, and west.
Proposed lot sizes for the Estate zoned lots within this PUD are
consistent with surrounding residential properties to the east.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mark and Jackie Eberl for a Change of Zone
from A (Agricultural) to a PUD (Planned Unit Development) District on the above referenced
parcel of land be, and hereby is, granted subject to the following conditions:
1. In accordance with Section 6.1 of the Weld County Planned Unit Development
Ordinance, information provided by the applicant in the Development Guide has
been used to evaluate compliance of the proposal with the Comprehensive Plan
and other applicable Ordinances. The Weld County Board of Commissioners
directs the Department of Planning Services staff to review the Final Plan.
2. 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.
3. The I'UD Final Plan application shall adhere to all regulations and requirements
as outlined in PUD Ordinance #197.
4. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 9.2 of the
PUD Ordinance #197 and shall delineate the following information:
1) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
2) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
3) The typical internal road cross-section which identifies width and
depth of asphalt and base or full-depth asphalt, lane widths, and
shoulder.
B. The Change of Zone Plat shall be amended to delineate the following:
1) A total of two septic system envelopes on each lot within the PUD.
C. The following notes shall be delineated on the Change of Zone plat:
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CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - MARK AND JACKIE EBERL,
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1) The PUD shall consist of eight (8) Estate zoned lots, one (1)
Agriculturally zoned lot, and non-buildable common open space.
The Change of Zone allows for estate uses which shall comply
with the Estate Zone District requirements as set forth in Section
36 of the Weld County Zoning Ordinance. The common open
space shall be owned and maintained in accordance with Section
6.3.5 of the Planned Unit Development Ordinance.
2) Water service shall be provided by the Little Thompson Water
District. The applicant shall submit evidence to the Department of
Planning Services from the Little Thompson Water District which
indicates that all requirements of the District are satisfied.
3) A Weld County Septic Permit is required for each proposed septic
system and shall be installed according to the Weld County
Individual Sewage Disposal regulations.
4) Each septic system shall be designed for site-specific conditions
that include, but are not limited to, maximum seasonal
groundwater, poor soils, and shallow bedrock.
5) All portions of any septic system in the development shall be
installed a minimum of two-hundred (200) feet from Logan
Reservoir.
6) The site shall be developed in accordance with the
recommendations contained in the Geological and Mineral
Evaluation prepared by Foundation and Soils Engineering, March
1998.
7) Any signage located on the property shall require building permits
and adhere to Section 6.3.6.3 of the Weld County PUD
Ordinance.
8) 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.
9) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
10) Outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
11) 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
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Plan application is not submitted within two (2) years of the date
of 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.
12) Approval of the Change of Zone may create a vested property
right pursuant to Section 90 of the Weld County Zoning
Ordinance.
5. Prior to release of any building permits:
A. The applicant shall supply a designated street sign and "Stop" sign at the
appropriate location adjacent to Weld County Road 32.
B. Foundations shall be engineered on each separate building site.
6. The Final Plan application shall include a final Improvements Agreement in
accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance.
The (Improvements Agreement shall address streets and landscaping of the
common open space. In addition, the Improvements Agreement shall include
provision for adequate dust suppressant at least twice a year for that portion of
Weld County Road 32 which fronts the proposed PUD and extends east to the
incorporated boundary of the Town of Mead.
7. The Final Plan application shall include draft covenants which address the
following:
A. Prohibition of development, landscaping, etc. on the designated septic
system leach fields in accordance with the Weld County Department of
Public Health and Environment referral. The covenants shall also restrict
building activity on the unused septic envelope on each lot.
B. Maximum dwelling size and lot coverage. This item is not addressed by
Section 4.3 of the covenants submitted in the application materials.
C. The Right to Farm Covenant contained it the Weld County
Comprehensive Plan shall be included within the covenants.
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CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - MARK AND JACKIE EBERL,
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8. The Final plan shall include a conservation easement limiting the development of
the agricultural lot for a period not less than ten years.
9. The Final Plan application shall address all concerns of the Mountain View Fire
Protection District.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CO ORA O
ATTEST: lia/./ ,`<, �✓J% Dale K. Hall, Chair
Weld County Clerk to th oar.: _ 4w'w
oe
i1 ��. .jr.arbara J. Kirkmeyer, ' .- em
BY: .. �_v %_ � 6
Deputy Clerk to the B. /J �, //� i�
����� eorge B ter
AS TO FORM:
. J. eile
ounty Attorney
Glenn Vaa
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