HomeMy WebLinkAbout982149.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT FOR BILL HALL - LINDIES LAKE
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 21st day of October, 1998, at 10:00 a.m.
for the purpose of hearing the application of Bill Hall, 1220 11th Avenue, Suite 201, Greeley,
Colorado 80631, requesting a Change of Zone from A (Agricultural) 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 NW% of Section 20, Township 6 North, Range 64 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing of October 21, 1998, the Board deemed it advisable to
continue said matter to November 4, 1998, at 10:00 a.m., and
WHEREAS, at said hearing of November 4, 1998, the applicant was present and
represented by Brent Coan, and
WHEREAS, Section 21.6 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, 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 21.7 of the Weld County Zoning Ordinance.
2. The submitted materials are in compliance with Section 21.6 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. A.Goal 1 states "Preserve prime farmland for
agricultural purposes which fosters economic health and continuance of
agriculture."
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.
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 PUD
(Planned Unit Development) Zone District.
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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
PUD (Planned Unit Development) Zone District.
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
June 4, 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.
B. Section 6.3.2 Service Provision Impacts: Service Provision Impacts are
addressed through the attached Conditions of Approval.
C. Section 6.3.3 Landscaping Elements: The Conditions of Approval address
landscaping.
D. Section 6.3.4 Site Design: The proposal takes into consideration the site's
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
adequate common open space.
F. Section 6.3.6 Proposed Signage: The applicant is not proposing any
signage with this application other than required by Weld County Public
Works Department.
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 Bill Hall for a Change of Zone from A (Agricultural) to a
PUD (Planned Unit Development) Zone 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 Board of County Commissioners shall
review the Final Plan at a public hearing.
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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. Prior to recording the Change of Zone Plat:
A. The plat shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
2) The final plat shall delineate 40-feet reserved right-of-way from the
centerline of Weld County Road 51.
3) The final plat shall clarify the northern and western property
boundaries not to include State Highway 392 and Weld County
Road 51 right-of-way.
4) The name of the street, which shall not conflict with any other
street within the appropriate U.S. Postal area.
5) The plat shall delineate one common open space lot which
includes Lindies Lake as well as the 10.9 acre area currently
labeled "Tract A". This lot shall be labeled "Non-buildable common
open space". Any reference to "Tract A" shall be removed from
the plat.
6) The potential oil and gas well drilling site on Lot 7, and access to
such site, shall be clearly delineated on the plat.
7) The plat shall be amended to reconfigure the trail so that the trail
provides access to Lot 6.
8) The plat shall be amended to reconfigure the trail so that the trail
does not cross any portion of the ditch maintenance easement.
9) The plat shall be reconfigured to delineate access to open space
from Lot 6. Such access shall be approved by the Department of
Planning Services.
10) Delineation of the building envelopes.
B. The following notes and information shall be delineated on the Change of
Zone Plat:
1) The PUD shall consist of seven (7) E (Estate) zoned lots and one
(1) non-buildable common open space lot. The Change of Zone
allows for Estate uses (7 lots) which shall comply with the
E (Estate) Zone District requirements as set forth in Section 36 of
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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 the proposed home
septic systems and shall be installed according to the Weld County
Individual Sewage Disposal Regulations. All septic systems shall
be installed a minimum of two hundred (200) feet from Lindies
Lake, with the exception of Lot#2 which must lie a minimum of
one hundred fifty (150) feet from Lindies Lake.
4) Silt fences shall be maintained on the downgradient portion of the
site during all phases of construction on all lots in the
development.
5) The open space maintenance shall include removal of manure in a
manner that will prevent nuisance conditions and will not allow
runoff into Lindies Lake. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors,
flies, insect pests or pollutant runoff.
6) 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.
7) Any signage located on the property shall require building permits
and adhere to Section 42.2 of the Weld County Zoning Ordinance.
8) The site shall maintain compliance at all times with the
requirements of the Weld County Public Works Department, Weld
County Health Department, and the Weld County Department of
Planning Services.
9) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
10) Outdoor storage shall be screened from public rights-of-ways and
adjacent properties.
11) The Right To Farm Covenant, as stated in the Weld County
Comprehensive Plan, shall be recognized at all times.
12) Foundations, any sub-grade construction and/or the use of any fill
to increase the grade on each lot shall require an evaluation and
recommendation from a Colorado Registered Engineer on a
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lot-by-lot basis. Construction shall strictly adhere to such
recommendation.
13) Perimeter drains shall be required for any structure proposing sub-
grade construction.
14) Dewatering equipment shall be present on site during foundation
excavation.
15) 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.
C. The applicant shall submit evidence to the Department of Planning
Services that each individual lot owner has legal access and right to use
of the lake (Lindies Lake), recreational or otherwise.
D. The applicant shall submit evidence to the Department of Planning
Services that the concerns of the Galeton Fire Protection District have
been addressed.
E. The applicant shall submit evidence to the Department of Planning
Services that the Eaton School District, RE-2 has been contacted and any
requirements have been addressed.
F. The applicant shall submit a revised landscape plan which delineates
existing and proposed plant materials (i.e. tree species), trail detail and
other requirements of Section 9.3 of the Planned Unit Development
Ordinance. The Landscape Plan shall also specify the Homeowners
Association method of open space maintenance.
G. 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.
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H. The applicant shall obtain all appropriate permits from the Department of
the Army, Corps of Engineers, prior to disturbing any wetland or stream
pursuant to Section 404 of the Clean Water Act. Prior to any work which
may involve the discharge of dredged or fill material in streams or
wetlands, the property shall be examined for wetlands Pursuant to
Section 404 of the Clean Water Act. Any wetlands shall be delineated
and mapped.
The applicant shall submit evidence to the Department of Planning
Services that an agreement has been negotiated concerning the
easement and liability insurance for the ditch company and shall be
delineated on the plat.
J. The applicant shall submit evidence to the Department of Planning
Services that an agreement has been negotiated with all interested ditch
stockholders concerning the ditch clean-out area.
4. The Final Plan application shall include, as part of the Homeowners Association,
evidence that the Homeowners Association will maintain a liability insurance
policy which covers the lake and open space.
5. The applicant shall reach an agreement with the North Side Lateral and North
Side Extension Ditch Company regarding the liability issue and clean-out area
and submit a copy of said agreement 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 51.
B. Foundations shall be engineered at each separate building site.
C. Foundations, any sub-grade construction and/or the use of any fill to
increase the grade on each lot shall require an evaluation and
recommendation from a Colorado Registered Engineer on a lot-by-lot
basis. Construction shall strictly adhere to such recommendation.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of November, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WL EJ 1 COUNTY, COLORADO
ATTEST: 4,211 !.-: #.-C— •s ff�cf
Constance L. Harber0 Chair
Weld County Clerk t e ` c%i
W. Et.f ste , -Tem
BY: /✓., a 'A•.'r.._+o E Ir.
Deputy Clerk to t lt�✓�! ti / .e
ge . Baxter
APP ED AS FORM:
Da .
ounty A rney
=arbara J. Kirkmeyer
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