HomeMy WebLinkAbout980453.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM AGRICULTURAL TO PUD FOR TWO (2)
RESIDENTIAL/AGRICULTURAL LOTS ZONED A (AGRICULTURAL) AND TEN (10)
RESIDENTIAL LOTS ZONED E (ESTATE) FOR A TOTAL OF 12 LOTS - DOUG AND
DIANA CUMMINGS/LARRY KAYLOR
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 18th day of March, 1998, at 10:00 a.m.
for the purpose of hearing the application of Doug and Diana Cummings/Larry Kaylor, 1843
Eisenhower Drive, Louisville, Colorado 80027, requesting a Change of Zone from Agricultural to
PUD for two (2) Residential/Agricultural lots zoned A (Agricultural) and ten (10) Residential lots
zoned E (Estate) for a total of 12 lots for a parcel of land located on the following described real
estate, to-wit:
S'/ of the SW% of Section 7, Township 3 North, Range 68 West
of the 6th P.M., Weld County, Colorado
WHEREAS, the Weld County Planned Unit Development Ordinance, Ordinance#197,
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 of the Weld County Planned Unit Development Ordinance, Ordinance #197.
2. The request is in conformance with Section 6.4.4.6 of the Weld County Planned
Unit Development Ordinance, Ordinance#197, as follows:
a. Section 6.4.4.6.1 - The proposal is consistent with the Comprehensive
Plan, MUD Ordinance if applicable, any Intergovernmental Agreement in
effect influencing the PUD and the Weld County Zoning and Subdivision
Ordinance.
1. A.Goal 1 of the Weld County Compressive Plan states, "Preserve
prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." The subject
property is not defined as "Prime Farm Ground of National
Importance" on the USDA-Soil Conservation Map. Thus, the
development of this property will not disrupt any production of
prime agricultural farmground.
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CHANGE OF ZONE FROM AGRICULTURAL TO PUD - DOUG AND DIANA CUMMINGS/
LARRY KAYLOR
PAGE 2
2. PUD.Goal 2 states, "Encourage creative approaches to land
development which will result in environments of distinct identity
and character. The application is proposing the development of
ten residential lots and two residential/agricultural lots. The
proposed development includes an eight foot multi-use trail
around the outside perimeter of lots one through ten which is
intended to be used for a mix of uses including riding, biking,
walking and running. Additionally, a multi-use park area is
proposed to be located centrally in the development which is
connected to the trail system. This unique trail component will
add a common open space link throughout the entire
development which attributes to a creative design approach.
3. A.Policy 3 states, "Conversion of agricultural land to urban scale
residential development will be discouraged when the subject site
is located outside of a muncipality's comprehensive plan area,
urban growth boundary area, or 1-25 Mixed Use Development
area and urban development nodes." This policy is intended to
promote conversion of agricultural land in an orderly manner
which is in harmony with the phased growth plans of a
municipality and the County. The proposed development lies
within 1'/: miles from the Town of Mead's Urban Growth Boundary
Area. The Town of Mead has reviewed this development request
and recommends approval stating the proposal complies with
their Comprehensive Plan. The Town of Mead states this
development meets its definition of very low density which is
defined as a maximum of one dwelling unit per 2.5 acres or more.
The Town of Mead further states that it would encourage the
annexation of the property sometime in the future.
b. Section 6.4.4.6.2 - The uses which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone
District. Performance standards are intended to present a collection of
criteria necessary for development within the PUD Zone District. Issues
such as access standards, buffering and screening, bulk requirements,
circulation, common open space, compatibility, design standards and
improvement agreements, landscaping standards, and public water
provision are reviewed to determine compliance with the Performance
Standards.
The development is proposing access for all 12 lots to access at one
common point onto Weld County Road 34 which is a paved County road.
The interior road of the development will be designed and paved in
accordance with Section 10 of the Weld County Subdivision Ordinance.
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CHANGE OF ZONE FROM AGRICULTURAL TO PUD - DOUG AND DIANA CUMMINGS/
LARRY KAYLOR
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The development is also proposing a school bus drop-off and pick-up
area at the entrance of the development on Weld County Road 34. A
detailed landscaping plan was submitted by the applicant which clearly
outlines proposed landscaping treatment areas that compliment existing
topography and soil conditions. The applicant is encouraged to continue
to work with the Colorado State University Cooperative Extension Office
and the Longmont Soil Conservation Service to ensure that landscaping
materials thrive to a mature state.
The application materials indicate that in addition to the multi-use trail
around the perimeter of the development, the development will also
include a multi-use park. The park is proposed to consist of a fenced
riding arena and picnic area. The application also indicates that the use
of setbacks and building envelopes are proposed to create an open area
beltline around each lot that parallels and complements the trail system.
The Department of Planning Services staff will require the applicant to
revise the common open space component to meet the intent of
Ordinance #197 which states that 15% of the total development shall be
dedicated to common open space. Conditions of Approval additionally
address this design concern.
c. Section 6.4.4.6.3 - The uses which would be permitted shall 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. The surrounding area is primarily rural residential and dry
land farming in nature. The proposed development of 12 residential
acreages is consistent with the surrounding area. Additionally, the Town
of Mead states that this type of development is complementary to their
Comprehensive Plan and have expressed an interest of possible
annexation in the future.
d. Section 6.4.4.6.4 - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with
the Performance Standards. Public water provisions for the proposed
development will be provided by the Longs Peak Water District. Each of
the lots is proposed to be serviced by individual septic systems for
sewage disposal. The Weld County Health Department has reviewed the
proposed development and has no conflict with the proposed density
and the amount of septic systems.
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
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PUD Zone District. Access to the proposed development is focused at
one common access point onto Weld County Road 34 which is a paved
county road. Conditions of Approval address additional design guidelines
and requirements as required by the Weld County Public Works
Department for the design of the access point onto Weld County Road 34
and the interior road for the development.
f. Section 6.4.4.6.6-An off-site road improvements agreement and an on-
site improvements agreement proposal is in compliance with the Weld
County Subdivision Ordinance, and a road improvements agreement is
complete and has been submitted, if applicable. The off-site road
improvements and on-site improvements agreement was not submitted
with the Change of Zone application. The applicant will be required to
submitted detailed information regarding the improvements and collateral
proposed for this development. The Conditions of Approval address this
issue.
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. The proposed development does not lie within any overlay district as
described in the Weld County Zoning Ordinance.
h. Section 6.4.4.6.8- Consistency exists between the proposed Zone
District, uses and the Specific or Conceptual Development Guide. The
applicant through the submission of the Specific Development Guide has
shown consistency with the proposed development and the proposed
Zone District which includes residential and agricultural uses. The
proposed Zone District allows for a mixture of residential and agricultural
uses.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Doug and Diana Cummings/Larry Kaylor for a
Change of Zone from 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. 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. The PUD Final Plan shall adhere to all regulations and requirements as outlined
in Ordinance#197.
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LARRY KAYLOR
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3. Prior to recording the Change of Zone plat map, the map shall be amended to
show the following:
a. The Change of Zone plat map shall meet all requirements of Section 9.2
of the PUD Ordinance, Ordinance #197.
b. The plat shall be amended to identify and dimension a 50-foot radius at
the end of each cul-de-sac.
c. The plat shall be amended to identify a 20-foot paved radius at each
intersection to accommodate adequate space for turning vehicles.
d. The Common Open Space Plan, as approved by the Department of
Planning Services, shall be shown on the plat.
4. The following items shall be adequately addressed or placed on the Final Plan
plat map at time of Final Plan submittal as required by the Weld County Public
Works Department. These items are as follows:
a. The plat shall be amended to indicate the typical cross section identifying
width or right-of-way, depth of base and asphalt, and width of driving
lanes and shoulders.
b. The street names shall have the same names of existing streets in the
county or in adjacent counties or municipalities which are in alignment.
They shall not be duplicates of streets named within the area.
c. A final drainage report shall be submitted for review and approval by the
Weld County Public Works Department.
5. The PUD Change of Zone is conditional upon the following and that each be
placed on the Change of Zone plat map as notes prior to recording:
a. The PUD District shall consist of ten (10) residential lots and two (2)
residential/agricultural lots.
b. The PUD District allows for E (Estate) and A (Agricultural) uses and shall
comply with the PUD Zone District requirements as set forth in Section 5
of the Weld County PUD Ordinance.
c. The PUD shall be serviced by Longs Peak Water District for water
service and septic systems will be used for sewage disposal.
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d. The PUD Final Plan shall comply with the requirements of Ordinance
#197, Weld County Public Works, Mountain View Fire Protection District,
Colorado Geological Survey, Longmont Soil Conservation District, St.
Vrain Valley School District, Longs Peak Water District, Weld County
Health Department and the Weld County Building Inspection Department.
e. Installation of utilities shall comply with Section 10 of the Weld County
Subdivision Ordinance.
f. Outdoor storage shall be screened from public right-of-way and adjacent
properties.
g. The applicant shall remove, handle, and stockpile manure from the
livestock area in a manner that will prevent nuisance conditions. Any
manure piles on site shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors, flies, insect pests, or pollutant
runoff.
h. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater
contamination.
No permanent disposal of wastes shall be permitted at this site.
j. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
k. Fugitive dust shall be controlled on the site.
An individual sewage disposal system is required for each proposed
home and shall be installed according to the Weld County Individual
Sewage Disposal Regulations. The basic soil condition description
shows a slow permeability and it is likely these systems will have a slow
percolation which will require engineered septic systems.
m. All lots shall access onto the internal road system. No lots shall have a
direct access onto Weld County Road 34 or Weld County Road 1.
n. The applicant shall attempt to address the concerns of Mountain View
Fire Protection District.
o. No building permits will be released until lot numbers and addresses are
assigned and street signage is in place.
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CHANGE OF ZONE FROM AGRICULTURAL TO PUD - DOUG AND DIANA CUMMINGS/
LARRY KAYLOR
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p. Any proposed lighting or signage shall adhere to all rules and regulations
as stated in the Weld County Zoning Ordinance and Planned Unit
Development Ordinance.
q. All buildings and structures shall be engineered designed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of March, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST:
�✓ `%toy Constance L. Harbert, Chair
Weld Count " ' # 1111
(7 4, W. H. Webster, -T
BY: � .,(�� � �
Deputy Clerk 1i = � ��
. .rgec. Baxter D�
APP D AS T FORM: �. l , I A.VI
Da . all
ounty At o ney • Q , t c.
arbara J. Kirkmeyer
980453
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