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HomeMy WebLinkAbout952239.tiffRESOLUTION RE: GRANT CHANGE OF ZONE #496 FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) FOR RESIDENTIAL AND OPEN SPACE USES - MEADOW VALE FARMS, INC., CIO BRUCE HENDEE, BHA DESIGN 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 25th day of October, 1995, at 10:00 a.m. for the purpose of hearing the application of Meadow Vale Farms, Inc., c/o Bruce Hendee, BHA Design, 2000 Vermont Drive, Fort Collins, Colorado 80525, requesting a Change of Zone #496 from A (Agricultural) to PUD (Planned Unit Development) for residential and open space uses for a parcel of land located on the following described real estate, to -wit: Part of the SW% of Section 4, Township 2 North, Range 68 West and part of the SE% of Section 5, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Bruce Hendee, BHA Design, and WHEREAS, Section 21.6.2 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 recommendation 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 21.7 et seq., of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance as follows: a. The request is consistent with the Weld County Comprehensive Plan. The proposed PUD District is located within the MUD (Mixed -Use Development Area) and within the Urban Growth Boundary Areas of the City of Longmont and the Town of Mead. Mead's comments are discussed in additional comments. b. The uses allowed in the proposed PUD District will conform with the performance standards contained in Section 35.3 of the Weld County Zoning Ordinance. eir : Pc; ftendce 952239 PL1010 CHANGE OF ZONE - MEADOW VALE FARMS, INC. PAGE 2 c. The residential and open space uses permitted by the PUD District will be compatible with the future development of the surrounding area as permitted by the existing agricultural zoning and the current land use designations in the Weld County Comprehensive Plan for the MUD Area. d. Left Hand Water District will provide domestic water service to the PUD District. St. Vrain Sanitation District will provide sewage disposal to the PUD District. e. Weld County Road 5.5 will provide access to the PUD District. f. The PUD District site is not located within the Flood Hazard, Geological Hazard, or Airport Overlay Districts. g. The PUD District site is not identified as having mineral deposits. h. The soil conditions of the PUD District site have been reviewed by the Colorado Geological Survey. The PUD District Conditions of Approval insure that any necessary measures required to mitigate the soil limitations will be taken prior to construction of residences on the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Meadow Vale Farms, Inc., c/o Bruce Hendee, BHA Design, requesting Change of Zone #496 from A (Agricultural) to PUD (Planned Unit Development) for residential and open space uses on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Change of Zone plat: a. The items listed in the letter from Charles Boyes of the Mountain View Fire Protection District, dated July 24, 1995, must be addressed and the Change of Zone plat amended to show such changes. b. The Change of Zone plat shall be amended to show the right-of-way of the road with the temporary turn -around continuing to the property line. c. The Change of Zone plat shall be amended to show sidewalks along the collector streets within the proposed subdivision. The design and construction of the sidewalks shall meet the Design Standards of Section 10 of the Weld County Subdivision Ordinance. d. The Change of Zone plat shall meet all requirements of Sections 28.5.2 and 28.5.3 of the Weld County Zoning Ordinance. 952239 PL1010 CHANGE OF ZONE - MEADOW VALE FARMS, INC. PAGE 3 e. The amended Change of Zone plat shall be submitted to Department of Planning Services for review and approval. f. A cross section of Weld County Road 5.5 showing the depth of asphalt base shall be shown on the plat as referenced in the memo from Don Carroll dated July 20, 1995. 2. The PUD Change of Zone is conditional upon the following and that each be placed on the Change of Zone plat as notes prior to recording: a. The PUD District allows residential, open space, and equestrian land uses and shall comply with the PUD Zone District requirements as set forth in Section 28 of the Weld County Zoning Ordinance. The PUD shall consist of 89 residential lots. b. Left Hand Water District shall provide domestic water supply to the residential uses. A storage facility of at least 250,000 gallons in capacity and having a pumping capability of 160 gpm shall be provided by the developer after the first 27 water taps have been issued. The storage/pumping facility shall be designed to have a minimal impact on the surrounding environment. c. St. Vrain Sanitation District shall provide sewage disposal to the residential uses. d. The maximum number of horses per lot shall be two (2). e. No animal units other than horses shall be allowed within the PUD District. f. All streets within the PUD District shall be privately maintained by the developer and/or homeowner's association and dedicated for public use. The internal road system is subject to review by the Public Works and Planning Departments and approval by the Board of County Commissioners. g. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. h. The PUD Final Plat shall comply with the requirements of the Colorado Geological Survey, Corps of Engineers, Colorado Department of Transportation, Mountain View Fire Protection District, and the Weld County Public Works Department. 952239 PL1010 CHANGE OF ZONE - MEADOW VALE FARMS, INC. PAGE 4 The portion of Weld County Road 5.5 that will be vacated after re -alignment of the roadway shall be reserved as an open space/buffer to the PUD District. The landscaping in this area shall be maintained by the developer and/or the homeowner's association. The south and east portions of the PUD District shall be adequately landscaped/buffered from the road rights -of -way. k. Accessory structures shall be permitted for the purposes of storage or as small stables. Accessory structures will be a maximum of 600 square feet and be designed to be compatible with the residential architecture. Accessory structures shall be setback a minimum of ten (10) feet from property lines. Two identification signs shall be located along Weld County Road 5.5. Each sign shall be a maximum of thirty two (32) square feet. The signs will be ground mounted and shall be illuminated by indirect lighting. m. Engineered foundations shall be required for residences within the PUD District. 3. Left Hand Water District's commitment to serve the proposed development is based on the following conditions, as listed in the letter from Kathy Peterson dated September 1, 1995: a. Approval of any agreements made with Left Hand Water District by its Board of Directors. b. Execution of a subdivision service agreement and minimum purchase agreements. c. Approval by the District Engineer of storage/pumping facilities to be designed by developer's engineer. 4. The realignment portion of Weld County Road 5.5 shall be included in the PUD Change of Zone and the Change of Zone plat amended to show the inclusion. 5. The Change of Zone plat shall be submitted to the Department of Planning Services within 30 days of approval by the Board of County Commissioners. 952239 PL1010 CHANGE OF ZONE - MEADOW VALE FARMS, INC. PAGE 5 a. The PUD Final Plan submittal shall include but not be limited to the following: A copy of the homeowner's association covenants and standards. ii. An On -site Improvements Agreement. iii. An Off -site Improvements Agreement. iv. A comprehensive geotechnical investigation, as described in the letter from Jonathan White of the Colorado Geological Survey dated August 11, 1995. 6. The following note shall be placed on the plat prior to recording: a. That any future application shall be reviewed under any adopted changes to the Weld County Comprehensive Plan, Weld County Subdivision Ordinance, and the MUD Overlay Design Standards and Regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 1995. Wef oliftsy Clerk to the Board yt" BY: L -- Deputy Clerl(tp the Board ��1 11X' �ati County Attorney 2 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL DO a Dale K. Hall, Chairman arbara J. Kirkmeyefrro-Tem s GeorE. Baxter (/, mac% we‘"! -•e' Constance L. Harbert W. H. Webster 952239 PL1010 Hello