HomeMy WebLinkAbout990151.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #518 FROM A (AGRICULTURAL) TO PUD (PLANNED
UNIT DEVELOPMENT) DISTRICT - ROBERT AND JANET WINTER
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 January, 1999, at 10:00 a.m.
for the purpose of hearing the application of Robert and Janet Winter, 33652 Weld County
Road 21, requesting a Change of Zone from A (Agricultural) to a PUD (Planned Unit
Development) District for a parcel of land located on the following described real estate, to-wit:
Lot A of Recorded Exemption #1694, part of the
NW 1/4 of Section 14, Township 6, Range 67 West
of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present, 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 submitted materials are in compliance with the application requirements of
Section 21.4 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.
1) A.Goal 1 states, "Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of
agriculture". The proposal is a marginal agricultural property of
approximately 10 acres which is split from the farm by the Winter,
Wacker and Matthews irrigation ditch and has been subdivided
through the Recorded Exemption process. The U.S.D.A. Soils
map designates this parcel as prime farmground; however, due to
the size of this parcel it is difficult to farm.
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2) PUD.Policy 4.1 states, "The design of a Planned Unit
Development (PUD) should ensure compatibility and harmony
with existing and planned uses on adjacent properties within the
PUD." Surrounding land use activities at this location include one
rural residential home and agricultural activities. This proposal
appears to be compatible with surrounding uses.
3) UGB.Goal 2 states, "To concentrate urban development in or
adjacent to existing municipalities or the 1-25 Mixed Use
Development area, and maintain urban growth boundary areas
that provide an official designation between future urban and non-
urban uses." This proposal lies approximately one mile outside of
the urban growth boundary areas of the Towns of Windsor and
Severance. This proposal is for four estate lots and is consistent
with the definition of non-urban scale development as defined in
the Weld County PUD Ordinance.
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 application proposes non-urban scale
development in a non-urban area. The Right To Farm Covenant would
be required to be placed on the plat thus informing any new residents that
the area of the surrounding community is agricultural in nature.
C. Section 21.6.2.3 -Adequate water and sewer services can be made
available to the site to serve the uses permitted within the proposed zone
district. The application does propose public water to be provided by
North Weld County Water District and each lot is proposed to be served
by an individual septic system. Septic systems would be required to
comply with Individual Sewage Disposal System (ISDS) 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. Weld County Road 70, which serves as the access point to
the subdivision, is an unimproved roadway. Conditions of Approval
ensure that the access for this PUD is adequate.
E. Section 21.6.2.5 - In those instances where the following characteristics
are applicable to the Change of Zone 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.
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2) Section 21.6.2.5.2 - The proposed Change of Zone does not
include 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 such that the
soil is very soft and may possess hydrocompactive properties that
could cause it to collapse when wet. Conditions of Approval
address the concerns of the Colorado Geological Survey.
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 Weld County Health
Department indicated in a referral response dated October 13, 1998, that
there were no apparent potential environmental impacts or risks that this
proposed development may pose in excess of other similar
developments. The Colorado Division of Wildlife also commented in a
referral response received on October 15, 1998, that this development
will impact wildlife and potentially impact associated wildlife recreation on
the Winter farm and adjacent parcels. These impacts are addressed
through the Conditions of Approval.
B. Section 6.3.2 Service Provision Impacts: Due to the size of the Planned
Unit Development, the Weld County Public Works Department is waiving
the requirement for a Traffic Impact Analysis. The Weld County Planning
Department Director has waived the paving requirement, as defined in
Section 2.1 of the Planned Unit Development Ordinance. The proposed
street will be adjacent to Weld County Road 70, which is also gravel. The
Weld County Public Works Department indicated in its referral response
that six inches of Class 6 material, as stated in a previous memo dated
July 1, 1997, would be adequate. The street located within the proposal
will be constructed by the developer and maintained by the Homeowners'
Association. The Colorado Department of Transportation indicated in a
referral response that Highway 392 would not be significantly impacted
because of access to several county roads. The Weld County RE-4
School District commented that services for children would be provided
on designated county roads. The Windsor-Severance Fire Protection
District is requiring a fire hydrant at this location.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a
Landscape Plan. The Plan is not in accordance with Section 9.3 of the
Weld County Planned Unit Development Ordinance. More information
regarding landscaping is needed and will be addressed through a
Condition of Approval.
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D. Section 6.3.4 Site Design: The proposal takes into consideration the
site's advantages and limitations. The applicant scaled the development
back from five to four lots to meet the requirements of Section 2.13 of the
PUD Ordinance, so that the overall density is approximately 2.5 acres per
septic system. The site is physically separated from the main farm and is
a marginal agricultural parcel. The site is elevated above the main farm
parcel and provides for a unique residential setting.
E. Section 6.3.5 Common Open Space Usage: The application proposes
1.62 acres, which is a common open space area and additional trails to
provide a buffer and a link to each residential tract. The total common
open space is approximately 17 percent, which exceeds the requirement.
The applicant is proposing to establish 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 only proposing
appropriate signage as required by the Weld County Public Works
Department.
G. Section 6.3.7 MUD Impacts: The proposed Change of Zone is 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 Robert and Janet Winter for a Change of Zone
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. 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 plat shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
2) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
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B. The applicant shall submit evidence to the Department of Planning
Services that the concerns of the Windsor-Severance Fire Protection
District have been addressed.
C. The applicant shall submit evidence to the Department of Planning
Services that the Windsor School District has been contacted and any
requirements have been addressed.
D. The applicant shall submit evidence to the Department of Planning
Services that the concerns of the Colorado Division of Wildlife have been
addressed.
E. 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 method of open
space maintenance by the Homeowners' Association.
F. The applicant shall submit evidence to the Department of Planning
Services which indicates all requirements of the North Weld County
Water District are satisfied.
G. The following notes and information shall be delineated on the Change of
Zone plat:
1) The PUD shall consist of four (4) Estate zoned lots and one (1)
non-buildable common open space 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. 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.
4) The applicant shall designate one building envelope and two
septic system envelopes on each lot.
5) Signage located on the property shall require building permits, if
applicable, and adhere to Section 42.2 of the Weld County Zoning
Ordinance.
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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.
9) The Right To Farm Covenant, as stated in the Weld County
Comprehensive Plan, shall be recognized at all times.
10) 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.
11) The use of this lot for a PUD shall be vested for three years from
the date of approval 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 70.
B. Foundations shall be engineered at each separate building site.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of January, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, CO ORADO
ATTEST: LiteJ��'.. -. ) !K. 11ihail
Weld County Clerk to th= :ov�
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• ;Q�� >-• - EXCUSED DATE OF SIGNING (AYE)
- BarbarJ. Kirkmeyer, Pro-Tern
BY: ltat
Deputy Clerk to the B. (( "t /C7-€.
George . axter
OVE AS FORM:
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