HomeMy WebLinkAbout991203.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #522 FROM A (AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) DISTRICT - DONALD LAFAVER AND
CHARLES MILES, JR.
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, the Board of County Commissioners held a public hearing on the 19th day
of May, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Donald LaFaver and Charles Miles, Jr., % Tuttle Applegate, Inc.,
11990 Grant Street, Suite #304, Denver, Colorado 80233, for Change of Zone #522 from the
A (Agricultural) Zone District to PUD (Planned Unit Development) District for ten (10) lots with
R-1 (Residential) uses on the following described real estate, to-wit:
Lot B of Recorded Exemption #2330, being part of
the N1/2 NE1/4 of Section 16, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Shani Eastin, Tuttle Applegate, Inc., at
said hearing, and
WHEREAS, Section 28.8 of the Zoning Ordinance provides standards for review of said
Change of Zone, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter 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.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 6.4.4 of the Weld County Planned Unit
Development Ordinance as follows:
A. Section 6.4.4.1.1 - The proposal is consistent with the Comprehensive
Plan, Mixed Use Development Ordinance, any Intergovernmental
Agreement in effect influencing the Planned Unit Development, and the
Weld County Zoning and Subdivision Ordinances as follows:
1) UGB.Goal 2 states, "Concentrate urban development in or
adjacent to existing municipalities or the I-25 Mixed Use
Development area..." This application proposes urban-scale
development as defined by Section 2.18 of the Weld County
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Planned Unit Development Ordinance and is located within the
Mixed Use Development area. The intent of this goal is to
encourage urban-scale development to occur where urban-scale
infrastructure is available.
2) R.Policy 3 states, "Weld County should encourage a compact
form of urban development by directing residential growth to
urban growth boundary areas and to those areas where urban
services are already available before committing alternate areas
to residential use." Urban services are proposed as the lots will
be served by the Left Hand Water District and St. Vrain Sanitation
District.
3) MUD.Policy 6.4 states, "The clustering concept of residential units
should be encouraged to reduce development and maintenance
costs, preserve natural features, and maximize open space." Site
limitations due to the lake require the applicant to cluster the
residential lots on a small portion of the site. The proposal far
exceeds the required 30 percent open space at approximately 80
percent.
4) The subject site is included within the Limiting Site Factor
designation on Structural Land Use Map 2.1 of the Mixed Use
Development and Comprehensive Plans. Upon review of the
sketch plan application, the Department of Planning Services
determined that the application exceeds the Mixed Use
Development common open space requirement of 30 percent for
Limiting Site Factors per Table 2.2 of the Mixed Use Development
Plan. According to the estimated lot size, and allowing for
approximately 2 acres for road right-of-way, the proposal includes
approximately 80 percent open space largely due to the lake.
Additionally, Table 2.1 includes low density residential as a use in
the Limiting Site Factors category.
B. Section 6.4.4.1.2 - Adherence to Section 2.6 of Planned Unit
Development Ordinance is addressed through the attached Conditions of
Approval. Additionally, Section 2.3 states that Bulk Requirements
(minimum setback, offset, lot size, height of buildings and lot coverage) in
the Planned Unit Development Zone District may be varied from the
requirements of a specific zone district. The applicants have not
indicated any deviation from the R-1 (Low Density Residential) Zone
District Bulk Requirements for the proposed development and will comply
with the R-1 Zone District regulations.
C. Section 6.4.4.1.3 - The Town of Firestone and the City of Longmont both
submitted referral responses which indicate no conflicts exist and they
have no comment. Referrals were also sent to the Town of Frederick
and Boulder County at the Sketch Plan phase, as well as Change of
Zone; however, neither entity responded.
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D. Section 6.4.4.1.4 - The application does propose an adequate water
supply and sewage disposal. The application materials include a
Subdivision Multiple Tap Service Agreement with Left Hand Water
District; however, the agreement was not fully executed. The attached
Conditions of Approval require evidence that the requirements of the
District have been addressed. Additionally, a letter from the Division of
Water Resources received March 8, 1999, states, "Pursuant to Section
30-28-136(1)(h)(II) C.R.S., the State Engineer's Office offers the opinion
that the proposed water supply will not cause material injury to existing
water rights, and with Left Hand Water District serving the proposal, the
supply is expected to be adequate." The application materials also
include a conditional commitment letter from St. Vrain Sanitation District
dated January 11, 1999. The attached Conditions of Approval require
evidence that the requirements of the District have been addressed.
E. Section 6.4.4.1.5- The Weld County Public Works Department has
reviewed the proposal and referral comments indicate that the proposed
typical road cross section, right-of-way and cul-de-sac dimensions are not
adequate. The attached Conditions of Approval require the plat to be
amended to reflect Figure 2.10 of the Mixed Use Development Design
Standards
F. Section 6.4.4.1.6 - The Weld County Public Works Department and
Department of Planning Services require an improvements agreement in
accordance with Sections 12 and 13 of the Weld County Subdivision
Ordinance.
G. Section 6.4.4.1.7 - The subject site is located within the Flood Hazard
Overlay District. The Conditions of Approval ensure that the applicant will
address all requirements of the Flood Hazard Overlay District as
specified in Sections 26 and 53 of the Weld County Zoning Ordinance.
Western Paving Construction Company previously extracted the mineral
deposit under Use by Special Review Permit#551. A Condition of
Approval requires the applicant to vacate Use by Special Review Permit
#551. The Colorado Geological Survey indicated no conflict in the
referral response received February 23, 1999, and the Longmont Soil
Conservation District indicated one concern which is addressed in the
Conditions of Approval. At the time of these comments, the Colorado
Division of Wildlife had not yet submitted a referral response. The
applicant should be aware that the Division will have the opportunity to
comment on future applications and may require the property to be
evaluated and studied for Preble's Meadow Jumping Mouse and other
threatened or endangered species' habitat.
H. Section 6.4.4.1.8 - The proposal will be consistent with the R-1 Zone
District as the application does not propose to deviate from the bulk
requirements. The Conditions of Approval ensure compliance with the
Specific Development Guide.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application of Donald LaFaver and Charles
Miles, Jr. for Change of Zone #522 from the A (Agricultural) Zone District to PUD (Planned Unit
Development) District for ten (10) lots with R-1 (Residential) Zone uses on the hereinabove
described 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. Prior to recording the Change of Zone plat:
A. The applicant shall submit new evidence to the Department of Planning
Services from the Left Hand Water District which indicates that an
agreement has been reached and water is currently available.
B. In accordance with Section 9.3.2.5 of the Planned Unit Development
Ordinance, the applicant shall submit a description of the proposed park
("community beach and boat dock for the common use of all residents"
as specified in the sketch plan application materials), type of proposed
grasses (if applicable), plant species and any structures located in the
park (i.e. boat dock, etc.).
C. The landscape map shall be amended to provide a typical cross section
which delineates the dimensions and type of trail material in accordance
with Section 9.3.2.5 of the Planned Unit Development Ordinance.
D. The applicant shall submit evidence to the Department of Planning
Services verifying that the American Medical Response of Colorado has
the capability and willingness to adequately serve the proposed
development.
E. The applicant shall submit a letter to the Department of Planning Services
requesting vacation of Use by Special Review Permit #551 for Western
Paving Construction Company. The Department of Planning Services will
present such letter to the Board of County Commissioners to consider
such vacation.
F. The applicant shall submit a Planning Area Profile as requested in the
sketch plan comments and in accordance with MUD.Policy 6.22. The
profile should contain public facilities and services data, socioeconomic
data, natural environmental resources, and visual and cultural resources.
The purpose of this information would be to provide the user the existing
conditions, opportunities, and constraints within the 1-25 Mixed Use
Development area.
G. The applicant shall contact the Weld County Long Range Planner to
investigate the potential for connection of the recreational trail to planned
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regional trails in the area in accordance with MUD.TGoal 2 which states,
"Promote a pedestrian trail system to service transportation and
recreation purposes within the Mixed Use Development area."
H. The Change of Zone plat shall meet all requirements of Section 9.2 of the
Planned Unit Development Ordinance and shall be amended to include
the following:
1) A dedication of an additional 20 feet, for a total of 50 feet, of
right-of-way from the center or section line of Weld County
Road 7 for future expansion.
2) The plat shall delineate the "community beach and boat dock for
the common use of all residents" as specified in the sketch plan
application materials.
3) The plat shall delineate right-of-way, parking, curb, gutter and
sidewalks on the interior road as specified in the referral from the
Public Works Department dated February 16, 1999.
4) The typical road cross section shall be amended to conform to
Figure 2.10 of the Mixed Use Development design standards.
5) The name of the street shall not conflict with any other street
within the particular U.S. Postal area. Evidence of Postal Service
approval shall be submitted to the Department of Planning
Services.
The following notes shall be delineated on the Change of Zone plat:
1) The Planned Unit Development shall consist of ten (10) lots
approved for Residential Zone District uses and non-buildable
common open space. The Change of Zone allows for residential
uses which shall comply with the Residential Zone District
requirements as set forth in Section 32 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) The area labeled "Area of Future Residential Development" shall
be limited to the specific area as delineated on the plat. This area
shall require a separate Planned Unit Development Sketch Plan
and Final Plan applications to develop. The applications on this
area shall adhere to the regulations and Development Standards
in place at the time of application. Proposed development of this
area shall be consistent with the eight lots of similar density as
proposed in Sketch Plan, S #470, as those proposed densities
were the basis for the Department of Planning Services'
consideration in determining appropriate level of development in
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the Limiting Site Factors area. Designation of such future
development area does not create a vested right in those lots.
3) Water service shall be provided by the Left Hand Water District.
4) Sewage disposal service shall be provided by St. Vrain Sanitation
District.
5) In the event that five (5) or more acres are disturbed during the
construction of the site, the applicant shall obtain a Stormwater
Discharge Permit from the Water Quality Control Division of the
Colorado Department of Public Health and Environment. Silt
fences shall be maintained on the downgradient portion of the site
during all parts of the construction phase of the project.
6) During development of the site, all land disturbance shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
7) In accordance with the Regulations of the Colorado Air Quality
Control Commission any development that disturbs more than five
(5) acres of land must incorporate all available and practical
methods which are technologically feasible and economically
reasonable in order to minimize dust emissions.
8) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan,
submit an Air Pollution Emissions Notice, and apply for a permit
from the Colorado Department of Public Health and Environment.
9) The site shall adhere to and maintain compliance with the Flood
Hazard Overlay District requirements as specified in Sections 26
and 53 of the Weld County Zoning Ordinance.
10) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
11) All development shall adhere to the requirements of the Mountain
View Fire Protection District.
12) Any signage located on the property shall require building permits
and adhere to Section 6.3.6.3 of the Weld County Planned Unit
Development Ordinance when applicable.
13) Prior to the release of any building permits, foundations shall be
engineered at each separate building site.
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14) The site shall maintain compliance at all times with the
requirements of the Departments of Public Health and
Environment, Public Works, and Planning Services.
15) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
16) 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 Planned Unit
Development Final Plan application is not submitted within two (2)
years of the date of the approval of the Planned Unit Development
Zone District, the Board of County Commissioners shall require
the landowner to appear before it and present evidence
substantiating that the Planned Unit Development project has not
been abandoned and that the applicant possesses the willingness
and ability to continue with the submittal of the Planned Unit
Development Final Plan. The Board may extend the date for the
submittal of the Planned Unit Development Final Plan application
and shall annually require the applicant to demonstrate that the
Planned Unit Development has not been abandoned. If the Board
determines that conditions or statements made supporting the
original approval of the Planned Unit Development Zone District
have changed or that the landowner cannot implement the
Planned Unit Development Final Plan, the Board of County
Commissioners may, at a public hearing, revoke the Planned Unit
Development Zone District and order the recorded Planned Unit
Development Zone District reverted to the original Zone District.
3. The Final Plan application shall adhere to Section 7.3 of the Weld County
Planned Unit Development Ordinance, and shall specifically address the
following as well:
A. The Final Plan application shall include a draft road improvements
agreement for off-site improvements with Weld County which includes
the future expansion of Weld County Road 7. The applicant will be
responsible for future expansion to match half the arterial/four lane with
painted median at the time that Weld County Road 7 is expanded to a
four-lane roadway.
B. The Final Plan application shall include evidence that the conditions of
the St. Vrain Sanitation District have been addressed and that taps are
available.
C. The Final Plan application shall include evidence that the conditions of
the St. Vrain Valley School District RE-1J have been addressed.
D. The Final Plan application shall specify the Homeowners Association's
method of trail maintenance.
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E. The draft covenants shall include the Right to Farm Covenant contained
in the Weld County Comprehensive Plan.
F. The Final Plan application shall include a draft on-site improvements
agreement in accordance with Sections 12 and 13 of the Weld County
Subdivision Ordinance. The improvements agreement shall include
streets, curb, gutter, sidewalk, emergency access, trail, landscaping of
the common open space and any other appropriate construction
elements.
G. The draft Covenants and Homeowner's Association shall address open
space maintenance and landscaping in accordance with Section 6.3.3.2
of the Planned Unit Development Ordinance.
4. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and stop signs, as
required by Weld County Public Works, at the appropriate location
adjacent to Weld County Road 7.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COL
ATTEST: afte
•
Dale K. Hall, Chair
Weld County Clerk to t . '; Wr
U�y EXCUSED
1 ,J Barb a J. Kirkmeyer, ro-Tem
BY:
Deputy Clerk to the B.W J N 1
Georter
% ASTOFORM: 6Ai4
ty Attorney
Glenn Va
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