HomeMy WebLinkAbout971200.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #505 FROM A (AGRICULTURAL) TO PUD (PLANNED
UNIT DEVELOPMENT), ALLOWING ESTATE AND AGRICULTURAL USES
(GANDER VALLEY) - DOUGLAS MYERS, C/O JAMES S. HILLHOUSE
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 June, 1997, at 10:00 a.m. for
the purpose of hearing the application of Douglas Myers, do James S. Hillhouse, 9323 Weld
County Road 70, Windsor, Colorado 80550, requesting Change of Zone#505 from
A (Agricultural) to PUD (Planned Unit Development), allowing Estate and Agricultural uses
(Gander Valley) for a parcel of land located on the following described real estate, to-wit:
Lot B of RE#1211, located in the SE1/4 of Section 4, Township 6
North, Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by James S. Hillhouse, Partner, 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 applicant has complied with all the application requirements listed in Section
28.5 et seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 28.8 of the Weld County Zoning
Ordinance as follows:
A. Section 28.8.1.3-- The proposed Change of Zone is consistent with the
intent of the Weld County Comprehensive Plan including Planned Unit
Development and Urban Growth Boundaries Goals and Policies.
I. PUD.Goal 2 states: "Encourage creative approaches to land
development which will result in environments of distinct identity
and character." It is staffs opinion that this proposal has used a
creative approach to preserving the most productive part of the
property and developing the less productive in a cluster style.
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CHANGE OF ZONE#505 - MYERS, C/O HILLHOUSE (GANDER VALLEY)
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ii. UGB.Policy 3.3 states: "The proposed use is compatible with the
adjacent municipality's Comprehensive Plan." This proposal is •
located within the referral boundary of the Town of Windsor.
Windsor reviewed this proposal and indicated no conflicts exist.
B. Section 28.8.1.4-- That the uses which would be allowed in the proposed
Planned Unit Development will conform with the Performance Standards
of the Planned Unit Development District contained in Section 35.5 of this
Ordinance.
C. Section 28.8.1.5--The uses which would be permitted shall be
compatible with the existing or future development of the surrounding
area which include agricultural production and residential development.
This proposal is east of and adjacent to Shiloh PUD and to the north, east
and south are agricultural and residential uses.
D. Section 28.81.6--That adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed
Planned Unit Development District. Sewage disposal is proposed to be
individual septic systems. The proposed lot sizes meet the required size
requirements for adequate septic systems. The North Weld County
Water District will provide water service.
E. .Section 28.8 1.7-- That street or highway facilities providing access to
the property are adequate in size to meet the requirements of the
proposed zone district. The Weld County Public Works Department has
reviewed this proposal to ensure that the street facilities providing access
to this property are adequate in size. The comments of the Public Works
Department are covered in the Conditions of Approval.
F. Section 28.7.1.7--That there has been compliance with the applicable
requirements contained in Section 21.5.1.5 of the Weld County Zoning
Ordinance as follows:
I. The proposed development does not lie within the flood hazard
overlay, the airport overlay, or the geological hazard overlay
districts.
ii. The proposed development does not contain a commercial
mineral deposit in a manner which would interfere with the present
or future extraction of such deposit by an extractor to any greater
extent than under the present zoning of the property.
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iii. Soil conditions on the site are not such that they present severe
limitations to the construction of structures or facilities proposed
for the site. The construction of residences on this site is covered
by the Conditions of Approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Douglas Myers, do James S. Hillhouse,
requesting Change of Zone#505 from A (Agricultural) to PUD (Planned Unit Development),
allowing Estate and Agricultural uses (Gander Valley) 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 Change of Zone plat shall meet all requirements of Sections 28.5.2
and 28.5.3 of the Weld County Zoning Ordinance.
3. 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 for Estate and Agricultural 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 four PUD
Estate lots and one PUD Agricultural lot.
B. The PUD shall be serviced by North Weld County Water District and
sewage disposal shall be from individual septic systems.
•
C. The site shall maintain compliance at all times with the requirements of
Weld County Public Works, Weld County Health Department, and the
Weld County Sheriffs Department.
D. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
E. Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
F. Prior to release of building permits for residential structures, foundation
plans shall be submitted bearing the stamp of a Colorado Professional
Engineer for review and approval by the Weld County Building Inspection
Department.
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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 June, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
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ATTEST: I J f�
, , � MVO.<, ,r. ,. eor a . Baxter, Chair
Weld CountCl: %r �tt:oai+
I -4 `'- � /. •astance L. Harbe , Pro-Tem
BY: _
Deputy f " ,�
4114 .000 Dale K. Hall
APP ED AS T FORM: EXCUSED
Barbara J. Kirkmeyer
ount Att y bin(
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W. H. Webster
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