HomeMy WebLinkAbout982391.tiff RESOLUTION
RE: GRANT PLANNED UNIT DEVELOPMENT CHANGE OF ZONE #514 TO CREATE
FOUR E (ESTATE) ZONED LOTS AND ONE (1) A (AGRICULTURAL) ZONED LOT,
BIG SKY PROPERTIES - DALE AND LORETTA BURMAN
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 9th day of December, 1998, at 10:00 a.m.
for the purpose of hearing the application of Dale and Loretta Burman, 25815 Weld County
Road 48, Kersey, Colorado 80644, requesting a Planned Unit Development Change of
Zone #514 to create four (4) E (Estate) zoned lots and one (1) A (Agricultural) zoned lot for a
parcel of land located on the following described real estate, to-wit:
Part of the EM of the SE% of Section 5, Township 4 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Mary Brammer, 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 applicant has complied with all the application requirements listed in Section
21.4, of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 21.5 of the Weld County Zoning
Ordinance as follows:
a. Section 21.6.2.1 - That the proposal is consistent with the Weld County
Comprehensive Plan.
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 a mixture of
prime, irrigated non-prime, and other land by the USDS Soil
Conservation Map. The application indicates that the land is
marginally productive. Due to the variety of soils, the relatively
small size of the parcel and lack of water rights on the property,
only a small portion of this property is currently in production. This
portion of the property, constituting 51.09 acres, is proposed as an
agriculturally zoned outlot.
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2) 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 requires the
covenant to appear on the recorded plat. Condition of Approval
#2.D.14 addresses this further.
B. Section 21.6.2.2 - The uses which would be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The proposed site does not lie within an urban
growth area, nor is the applicant proposing an urban scale development.
The Right To Farm Covenant will be attached to the request thus
informing any new residents that the surrounding area is agricultural in
nature. The Department of Planning Services believes that granting this
Change of Zone will have a minimal impact on the surrounding land uses
which include similar Agricultural and residential uses.
C. Section 21.6.2.3 -Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Domestic water and water for fire protection shall be provided by
Central Weld County Water District. Each lot for the proposed minor
subdivision shall have an Individual Sewage Disposal System (ISDS)
installed per the Weld County Health Department requirements and
specifications.
D. Section 21.6.2.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone district. The Weld County Public Works Department reviewed this
request and indicated that the 60-foot access and utility easement is
sufficient to accommodate utilities, drainage, and future expansion.
E. Section 21.6.2.5 - In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) Section 21.6.2.5.1 - The proposed Change of Zone does not lie
within any overlay district identified by the maps officially adopted
by Weld County.
2) Section 21.6.2.5.2 - The proposed Change of Zone 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.
3) Section 21.6.2.5.3 - Soil conditions on the site are not such that
they present moderate or severe limitations to the construction of
structures of facilities proposed for the site. In a referral response
dated August 4, 1998, the Weld County Building Inspection
Department is requiring engineered foundations for each structure.
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3. The submitted materials are in compliance with Section 6.3 of the Weld County
Planned Unit Development Ordinance, as follows:
A. Section 6.3.1 Environmental Impacts: The referral response received
August 14, 1998, from the Weld County Health Department, indicates that
the application materials have adequately addressed all of the potential
impacts described in Section 6.3.1.2.1 of the Weld County Planned Unit
Development Ordinance. Additional requirements of the Weld County
Health Department are addressed through the attached Conditions of
Approval.
B. Section 6.3.2 Service Provision Impacts: The applicant has satisfactorily
addressed the majority of service provision impacts in the application
materials. Additional requirements of the Weld County Public Works
Department are addressed through the attached Conditions of Approval.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a
Landscape Plan in accordance with Section 9.3 of the Weld County
Planned Unit Development Ordinance. Conditions of Approval #2.A and
#2.B address the need for a landscape plan as part of the Change of
Zone phase as well as an on-going maintenance and a planting schedule.
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites
advantages and limitations, as well as the compatibility of the
development with adjacent sites.
E. Section 6.3.5 Common Open Space Usage: The application proposes 3.7
acres of Open Space, or 15.2% of the site. The applicant is establishing a
Homeowners Association in accordance with the requirements of Section
6.3.5 of the Weld County Planned Unit Development Ordinance.
F. Section 6.3.6 Proposed Signage: The applicant is not proposing any
signage with this application. Condition of Approval #2.D.7 addresses any
potential future signage.
G. Section 6.3.7 MUD Impacts: The proposed Change of Zone does not lie
within the Mixed Use Development area.
H. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed
Change of Zone does not lie within any Intergovernmental Agreement
area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Dale and Loretta Burman for a Planned Unit
Development Change of Zone to create four (4) E (Estate) zoned lots and one (1) A
(Agricultural) zoned lot on the above referenced parcel of land be, and hereby is, granted subject
to the following conditions:
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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 submit an On-Site Improvements Agreement which
addresses open space maintenance and landscaping in accordance with
Section 6.3.3.2.
B. The On-Site Improvements Agreement which addresses transportation
and landscaping will be submitted at the Final Plan. At that particular
time, the Improvements Agreement Policy regarding Collateral for
Improvements (private road maintenance) will be submitted for review and
approval.
C. The Public Works Department will review the condition of Weld County
Road 48 and determine if an agreement is needed between the property
owner and Weld County. An agreement will require final approval by the
Board of Weld County Commissioners.
D. The plat shall be amended to include the following:
1) The cul-de-sac shall provide a minimum of 50-foot turnaround
radius.
2) The name of the street shall not conflict with any other street within
the particular U.S. Postal area.
E. The following notes and information shall be delineated on the Change of
Zone plat:
1) The Planned Unit Development shall consist of four (4) E (Estate)
zoned lots and one (1) A (Agricultural) zoned lot. The Change of
Zone allows for Estate uses (4 lots) which shall comply with the
E (Estate) Zone District requirements as set forth in Section 36 of
the Weld County Zoning Ordinance and Agricultural uses (1 lot)
which shall comply with the A (Agricultural) Zone District
requirements as set forth in Section 31 of the Weld County Zoning
Ordinance. Each of the four E (Estate) zoned lots shall be
buildable and the A (Agricultural) zoned lot shall be buildable.
2) Water service shall be provided by the Central Weld County Water
District and sewage disposal shall be from individual septic
systems.
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3) A Final Plat application shall not be accepted by the Department of
Planning Services until the State of Colorado Division of Water
Resources has sent a letter to the Department of Planning
Services indicating that the terms of their referral response of
August 17, 1998, have been met.
4) In the event that greater than five (5) acres of the site is disturbed
during construction, the applicant shall obtain a stormwater
discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and the Environment.
5) In accordance with the application materials, individual sewage
disposal systems are required for the proposed residential lots and
shall be installed according to the Weld County Individual Sewage
Disposal Regulations.
6) The proposed multiple use trail shall be maintained so that any
manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors, flies, insect pests or
pollutant runoff. Trail maintenance shall include removal of
manure in a manner that will prevent nuisance conditions.
7) The site shall be developed in accordance with the
recommendations contained in the Geologic Engineering Report.
(Terracon - January 14, 1998)
8) Any signage located on the property shall require building permits
and adhere to Section 42.2 of the Weld County Zoning Ordinance.
9) The site shall maintain compliance at all times with the
requirements of the Weld County Departments of Public Works,
Health Department, and Planning Services.
10) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
11) Outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
12) The Right To Farm Covenant, as stated in the Weld County
Comprehensive Plan, shall be recognized at all times.
13) Building Exclusion Zones around petroleum tanks shall be labeled
on the Final Plat.
14) The applicant shall comply with Section 8.7 of the Weld County
Planned Unit Development (PUD) Ordinance, which reads 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
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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.
15) The use of this lot for a Planned Unit Development shall be vested
for three years from the date of the Recording of the Final Plan.
3. Prior to the 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 48.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ,� Yl/� � IIJ ('!B T.,ei_-,kz-
. ♦ Constance L. Harbert, Chair
Weld County Clerk t. he a�), /
9�� 4-10
� ' / �► � W. H. Webster, ro-Tem �'
BY: aG it ',
Deputy Clerk to the Boar. EXCUSED
orge E. Baxter
O D STCItRM:
Dale K. Hall
my Att ey 7 fzif"hJ
arbara J. Kirkmeye
982391
PL1273
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