HomeMy WebLinkAbout990361.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #519 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT -WIEDEMAN/HUNT
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 24th day of February, 1999, at 10:00 a.m.
for the purpose of hearing the application of Terry Wiedeman and David Hunt, 13434 Weld
County Road 42, Platteville, Colorado 80651, requesting a Change of Zone from A
(Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for a parcel of
land located on the following described real estate, to-wit:
Lot B of Recorded Exemption #2112, part of the
S'% of Section 14, Township 4, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant, David Hunt, 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 applicant has complied with all the application requirements listed in
Section 6.4 of the Weld County Planned Unit Development Ordinance #197.
2. The request is in conformance with Section 6.4.4 of the Weld County Planned
Unit Development Ordinance #197, as follows:
A. Section 6.4.4.6.1 - That the proposal is consistent with the Weld County
Comprehensive Plan, Mixed Use Development Ordinance if applicable,
any Intergovernmental Agreement in effect influencing the Planned Unit
Development, and Weld County Zoning Ordinance and Subdivision
Ordinance. Specifically:
1) A.Goal 1: This proposal is keeping the most productive part of
the farm intact by setting aside a 78.2 agricultural outlot. Said
outlot will continue to be used as farm ground and the residential
lots will be large enough to allow for small agricultural activities.
The Estate zoning of the residential lots allow for one animal unit
per acre, so that animals may also be kept on these properties.
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2) A.Goal 2: The lot to be zoned commercial is proposed for the
new location of Dan's Garage. Dan's Garage is currently utilized
by the farming community for the repair and service of farm
implements and personal vehicles. The current location of Dan's
Garage is directly to the south of this proposal on the northeast
corner of U.S. Highway 85 and Colorado State Highway 256.
3) A.Policy 3: This proposal is located within an urban node,
adjacent to U.S. Highway 85 and State Highway 256, adjacent to
the unincorporated town of Peckham.
B. Section 6.4.4.6.2 - The proposal conforms with all the Performance
Standards except Section 2.20 Water and Sewer Provisions. This
section states that all Planned Unit Developments containing commercial
and/or industrial uses shall be served by a public sewer system. The
application does propose public water to be provided by Central Weld
County Water District; however, each lot is proposed to be served by an
individual septic system. Septic systems would be allowed on the Estate
zoned lots; however, Section 2.20 of Planned Unit Development
Ordinance#197, effective on January 26, 1998, states that all Planned
Unit Developments containing commercial and/or industrial uses shall be
served by a public sewer system. The Weld County Health Department
has indicated that an individual septic system on this lot would be
adequate for the type of use and the size of the use proposed for the
commercial lot.
C. Section 6.4.4.6.3 - The proposal is for five residential lots adjacent to the
unincorporated Town of Peckham and several other residences. Dan's
Garage, which is proposed for the commercial lot, is currently located on
the south side of Colorado Highway 256 and would have minimal impact
on surrounding land uses. The agricultural outlot is compatible with other
agricultural uses in the area. There currently is a migrant housing facility
directly east of and adjacent to U.S. Highway 85 and other agricultural
uses. This proposal is approximately one mile from the Town of Gilcrest,
which responded to the referral stating this proposal does not conflict with
its interests.
D. Section 6.4.4.6.4 -As stated previously, there is an adequate water
supply to this site; however, public sewer is not available for the
commercial lot.
E. Section 6.4.4.6.5 -Weld County Road 33 is designated on the Weld
County Transportation Plan Map as a local gravel road and is maintained
by Weld County. Colorado State Highway 256 and U.S. Highway 85
border the proposed Planned Unit Development on the south and east
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sides. Sections 2.17 and 2.18 of the Weld County PUD Ordinance #197
require the applicant to pave the internal road system. The main access
is proposed from Weld County Road 33. The Colorado Department of
Transportation indicated in a referral response that right-of-way for U.S.
Highway 85 is a total of 150 feet (or 75 feet from the center line of the
highway) and this should be reserved or dedicated and delineated on the
plat. An Improvements Agreement would be required with the Final Plat
to address the upgrading and paving of Weld County Road 33 from
Colorado Highway 256 to the entrance of the proposed Planned Unit
Development. The applicant should also meet with the Colorado
Department of Transportation regarding preliminary realignment of the
intersections of U.S. Highway 85 and Colorado State Highway 256 and
Weld County Road 33 and Colorado State Highway 256, to determine
any effects to the proposed Planned Unit Development.
F. Section 6.4.4.6.6 - The applicant has submitted an Improvements
Agreement for Private Road Maintenance and will be required to submit
an Off-Site Improvements Agreement at the Final plat.
G. Section 6.4.4.6.7 - The proposed Change of Zone does not lie within any
overlay district identified by the maps officially adopted by Weld County.
The proposal is located within an Urban Development Node. The
proposed rezoning does not contain the use of 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.
The on-site soils are derived from ancient alluvial sediments of the South
Platte River. This material generally provides very good building material,
as indicated in the Geological Survey. There are some areas of the
property that do have some sandy portions which may exhibit low
strength and may be subject to erosion. Clayey fractions of the soil may
have expansive properties, and the Colorado Geological Survey
recommends that soil samples be taken on the building envelopes to
determine geotechnical properties of the soils. The Weld County Building
Inspection Department requires engineered foundations for the
residential structures and engineered blueprints are required for the
foundation and structure of the commercial structure.
H. Section 6.4.4.6.8 - Consistency exists between the proposed zone
district(s), uses and the Specific or Conceptual Development Guide, as
follows:
1) Section 6.3.1 Environmental Impacts: The referral response
received December 10, 1998, from the Weld County Health
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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 #197, except for the requirement of a public sewer
system for the commercial lot. The Weld County Health
Department indicated that an individual septic system would likely
be chemically similar, and probably have less actual flow than a
typical residential home.
2) Section 6.3.2 Service Provision Impacts: School District Weld
RE-1 responded in a referral dated December 9, 1998, that the
only concern was that students be picked up on Weld County
Road 33 and not within the subdivision. The LaSalle Fire District
did not respond to the referral; however the applicants have
indicated that they will comply with any fire district requirements.
Transportation issues have been addressed through Condition of
Approval #2.C, if this application is approved, as stated
previously. All other service provisions have been adequately
addressed.
3) Section 6.3.3 Landscaping Elements: The applicant has
submitted a Landscape Plan. The plan is in accordance with
Section 9.3 of the Weld County Planned Unit Development
Ordinance#197. Additional landscaping requirements for the
commercial lot would be addressed through a Site Plan Review
prior to any commercial use occurring on the commercially zoned
lot.
4) Section 6.3.4 Site Design: The proposal takes into consideration
the site's advantages and limitations.
5) Section 6.3.5 Common Open Space Usage: The application
proposes 2.82 acres of common open space and an additional
78.21 acres to be used as an agricultural outlot. This exceeds the
open space requirement of the Planned Unit Development
Ordinance. 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 #197.
6) Section 6.3.6 Proposed Signage: The applicant is not proposing
an entry sign for the development. Any sign for the commercial
lot must meet MUD sign requirements and requirements of the
Commercial Zone District. This issue will be addressed through a
Site Plan Review for the commercial lot.
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7) Section 6.3.7 MUD Impacts: The proposed Change of Zone does
not lie within the Mixed Use Development area; however, any
development within an Urban Development Node must meet all
design standard requirements of the Mixed Use Development
Ordinance #191, as follows:
a. Section 2.6.2, #4 states that whenever the use of the
property to be developed or redeveloped will conflict with
the use of adjoining property, there shall be an opaque
planted screen between the two properties. The screen
shall moderate the impact of noise, light, aesthetic
concerns, and traffic.
b. Section 2.6.3, #5 states that loading, service, or storage
areas must be screened with an opaque screen that is an
integral part of the building architecture. Chain link fencing
with slats or pallets are not an acceptable screening
material. Plant material shall be used to soften the
appearance of the screen. These requirements will be
further addressed through a Site Plan Review for the
commercial lot.
8) 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 Terry Wiedeman and David Hunt for a Change
of Zone #519 from A (Agricultural) Zone District to a PUD (Planned Unit Development) District
to create five E (Estate) zoned lots and one commercial lot for a garage with a 78.2 acre
agricultural outlot and 2.82 acres of open space 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.
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2) The Change of Zone plat shall delineate 75-feet reserved
right-of-way from the centerline of U.S. Highway 85.
3) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
4) The Agricultural outlot shall be labeled as non-buildable.
5) The internal road system shall be paved as required by
Sections 2.17 and 2.18 of the Planned Unit Development
Ordinance #197. A minimum of 50-foot paved edge-to-edge cul-
de-sac will be required.
6) The plat shall be amended to show the current existing open
boxes and underground irrigation pipeline and any other utility
easements. Building envelopes shall be delineated on the lots to
prevent and avoid interference with easements and utility lines
means of ingress and egress.
B. The applicant shall submit evidence to the Department of Planning
Services that the Weld RE-1 School District has been contacted and any
requirements have been addressed.
C. The applicant shall submit evidence to the Department of Planning
Services that the LaSalle Fire District has been contacted and any
requirements have been addressed.
D. The applicant shall submit a revised Landscape Plan which meets the
requirements of Section 9.3 of the Planned Unit Development Ordinance
#197, and Section 2.6 of the Mixed Used Development Plan Ordinance
#191. The Landscape Plan shall also specify the Homeowner
Association's method of open space maintenance.
E. The applicant shall submit evidence to the Department of Planning
Services from Central Weld County Water District which indicates that all
requirements of the District are satisfied.
F. The following notes and information shall be delineated on the Change of
Zone plat:
1) The PUD shall consist of five (5) Estate zoned lots and one (1)
Commercial lot for a garage, two (2) common open space lots and
one (1) agricultural outlot. The Change of Zone allows for Estate
uses (5 lots) which shall comply with the Estate Zone District
requirements as set forth in Section 36 of the Weld County Zoning
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Ordinance, commercial uses (1 lot) which shall comply with the
Commercial Zone District requirements set forth in Section 33,
and agricultural uses (1 lot) which shall comply with the
Agricultural Zone District requirements set forth in Section 31.
The Agricultural lot is a non-buildable lot. The common open
space shall be owned and maintained in accordance with
Section 6.3.5 of the Planned Unit Development Ordinance #197.
2) The commercial lot is to be utilized by Dan's Garage or a similar
approved use. If any other commercial use is proposed on this
lot, a public sewer system may be required. In the event the
commercial lot changes in use or type of occupancy,
development, construction, or is structurally altered or operated,
the Department of Planning Services may require a new Site Plan
Review application.
3) In accordance with the Weld County Zoning Ordinance, no land,
building or structure shall be changed in use or type of
occupancy, developed, erected, constructed, reconstructed,
moved or structurally altered or operated in the Commercial or
Industrial Zone Districts until a Site Plan Review has been
approved by the Department of Planning Services.
4) In the event a community sewer system collection line is
constructed within 400 feet of the Planned Unit Development, the
commercial lot shall abandon its septic system and obtain service
from that community sewer system.
5) All residential homes and commercial uses shall be served by the
Central Weld County Water District.
6) An Individual Sewage Disposal System is required for each
proposed home and the proposed commercial structure. Each
system shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
7) The open space maintenance shall include removal of manure in
a manner that will prevent nuisance conditions and will not allow
runoff. The manure piles shall not be allowed to exist or
deteriorate to a condition that facilitates excessive odors, flies,
insect pests or pollutant runoff.
8) No permanent disposal of wastes shall be permitted at this site.
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9) The maximum permissible noise level shall not exceed the
residential limit of 55 db(A) as measured according to
Section 25-12-102, C. R. S. The commercial lot may be allowed a
higher noise level, which would be evaluated through a Site Plan
Review.
10) Any signage located on the property shall require building permits
and adhere to Section 42.2 of the Weld County Zoning Ordinance
and Section 2.8 of the Mixed Used Development Plan's Design
Standards.
11) The site shall maintain compliance at all times with the
requirements of the Weld County Departments of Public Works
Health, and Planning Services.
12) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
13) Outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
14) The Right To Farm Covenant as stated in the Weld County
Comprehensive Plan shall be recognized at all times.
15) The applicant shall comply with Section 8.7 of the Weld County
Planned Unit Development Ordinance #197, 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.
3. Prior to the release of any building permits:
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A. The applicant shall supply a designated street sign and stop sign at the
appropriate location adjacent to Weld County Road 33.
B. Foundations shall be engineered at each separate building site.
Engineered blueprints will be required for the commercial lot, including
the foundation and structural blueprints.
4. The Final Plan application shall include a draft Improvements Areement in
accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance.
The Improvements Agreement shall include streets, bus stop, street light and
landscaping of the common open space. Improvements Agreements are for
both on-site and off-site improvements.
5. The Final Plan application shall include draft covenants which address the
prohibition of development, landscaping, etc., on the designated septic system
leach fields and use of the common open area for potential leach fields in
accordance with the Weld County Health Department referral. The covenants
shall also address maximum dwelling size and lot coverage as this is not
addressed by Section 4.3 of the Covenants submitted in the application
materials. The Covenants shall also include the Right to Farm Covenant
contained in the Weld County Comprehensive Plan.
6. The applicant shall enter into an agreement for the access easement for the
water line, and submit a copy of said agreement to the Department of Planning
Services prior to recording the plat.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORAD•
ATTEST: 144,
� 141
��� �tiI Chair
/ tii> - Dale K. Hall, Chair
.ler l
Weld County Clerk t• -; . .n mot,
42i EXCUSED DATE OF SIGNING (AYE)
Barba J. Kirkmeyer Pro-Tem
BY: .(fi ter .` ' 1
Deputy Clerk to the �y� V •••I 4•��
George E. Baxter
RO ED 0 FORM:
EXCUSED DATE OF SIGNING (AYE)
M. J. Geile
ou y Attorney p ILI Litt
Glenn Vaad
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