HomeMy WebLinkAbout990427.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #520 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - MORIAH ESTATES,
JIM SCOTT
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 3rd day of March, 1999, at 10:00 a.m. for
the purpose of hearing the application of Moriah Estates, C/O Jim Scott, 35325 Cornerstone Way,
Windsor, Colorado 80550, requesting a Change of Zone from 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 SW%. of Section 4, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 6.4 of the Weld County Planned Unit Development Ordinance
provides standards for review of such a Change of Zone to a Planned Unit Development, 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. Upon implementation of the Conditions of Approval included in this Resolution,
the submitted material will be in compliance with Sections 6.4.4.6.1 through
6.4.4.6.10 of the Weld County Planned Unit Development Ordinance #197.
Specifically:
A. Section 6.4.4.6.6 - The Weld County Public Works preliminary indication
and sketch plan comments indicate that the proposed typical road cross
section, right-of-way and cul-de-sac dimensions are adequate. Also, an
improvements agreement is required in compliance with Sections 12 and
13 of the Weld County Subdivision Ordinance.
B. Section 6.4.4.6.8 - In accordance with Section 2.3 of the Weld County
Planned Unit Development Ordinance, the application materials propose
Estate zoning, while varying from the minimum lot size in the E (Estate)
Zone District. Section 36.3.1 of the Weld County Zoning Ordinance
establishes 2.5 acres as the minimum lot size in the E (Estate) Zone
District, while the applicant proposes lots sizes ranging from 1.00 to 1.22
acres.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Moriah Estates, % Jim Scott for Change of Zone
#520 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 Department of Planning Services
recommends denial based upon the lack of compliance with the Comprehensive
Plan and other applicable Ordinances and therefore the Final Plan should be
reviewed by the Board of County Commissioners at a public hearing.
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 PUD Final Plan application shall adhere to all regulations and requirements
as outlined in the PUD Ordinance.
4. Prior to recording the Change of Zone plat:
A. The applicant shall submit evidence to the Department of Planning
Services from the Colorado Division of Water Resources that all
requirements of the Division are satisfied.
B. The applicant shall submit evidence to the Department of Planning
Services from North Weld County Water District which indicates that all
requirements of the District are satisfied.
C. The applicant shall submit evidence to the Department of Planning
Services from the Windsor Reservoir and Canal Company and the
Challgren Lateral Company which indicates that all requirements of the
ditches are satisfied.
D. The Change of Zone plat shall meet all requirements of Section 9.2 of
Ordinance#197 and shall delineate the following information:
1) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
2) The Landscape Map shall be amended to delineate the proposed
trail and provide trail detail and other requirements of Section 9.3
of the Planned Unit Development Ordinance. The Final Plan shall
also specify the Homeowners' Association's method of trail
maintenance.
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3) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
4) The plat shall delineate an acceleration lane/bus stop pull-off area
at the entrance to the development on Weld County Road 72.
5) Both primary leach fields and the secondary leach field for each
individual lot shall be protected by easement. Such easement
shall be delineated on the plat as well as being included in the
subdivision covenants.
E. The following notes shall be delineated on the Change of Zone plat:
1) The PUD shall consist of twenty-four (24) Estate zoned lots and
non-buildable common open space. The Change of Zone allows
for Estate uses which shall comply with the E (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 North Weld County Water
District.
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) The site shall be developed in accordance with the
recommendations contained in the Geologic and Mineral
Evaluation prepared by Foundation and Soils Engineering, March
1998.
5) Any signage located on the property shall require building permits
and adhere to Section 6.3.6.3 of the Weld County PUD
Ordinance.
6) The site shall maintain compliance at all times with the
requirements of the Weld County Departments of Public Works,
Health, and Planning Services.
7) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
8) Outdoor storage shall be screened from public rights-of-way and
adjacent properties.
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9) 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."
F. The applicant shall attempt to meet the request from the Town of
Windsor to extend the proposed water main south across Weld County
Road 72 into the North Shores Subdivision to be connected to the
existing water main, as well as construct a water main between lots 18
and 19 of Moriah Estates to connect to the existing water main in Shiloh
Estates for reinforcement of the water supply for the subdivisions.
5. The applicant shall submit to the Weld County Public Works Department a Storm
Water Drainage Plan including calculations, signature and stamp and in
accordance with Section 6.3.2.2.1.7 of the Weld County PUD Ordinance.
Evidence of approval from the Public Works Department shall be submitted to
the Department of Planning Services.
6. 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 72.
B. Foundations shall be engineered at each separate building site.
C. As indicated in the application materials and Development Guide, the
east branch of the Challgren Lateral Ditch shall be enclosed in pipe and
relocated as shown in the preliminary overall utility plan (approximately
200 feet to the east of its present location). Evidence of such enclosure
shall be submitted to the Department of Planning Services.
7. The Final Plan application shall include a draft improvements agreement in
accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance.
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The improvements agreement shall include streets, acceleration lane/bus stop
lane, street light and landscaping of the common open space.
8. The Final Plan application shall include draft covenants which address the
prohibition of development, landscaping, etc., on the designated septic system
leach fields and use of the common open area for potential leach fields in
accordance with the Weld County Health Department referral. The Covenants
shall also address maximum dwelling size and lot coverage as this is not
addressed by Section 4.3 of the covenants submitted in the application
materials. The Covenants shall also include the Right to Farm Covenant
contained in the Weld County Comprehensive Plan.
9. The Final Plan application shall address all concerns of the Windsor-Severance
Fire Protection District.
10. The Final Plat will be reviewed by the Board of Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,. (NAY)
ism ' ' 4� K. Hall, Chair
Weld County Clerk tot Bo ,,a�U,;� 7
AUL A_
(� t �� ','r Barbara J. Kirkmey r, Pro-T
BY: no ` 6 �t
Deputy Clerk to the Boar — __2 >. C.
George Baxter
APPROVEDASYTO FORM: EXCUSED DATE OF SIGNING (AYE)
% M. JJ.. Gene/
,aty'A rney � ,A 4/7/144-e.
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Glenn Vaad
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