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RESOLUTION
RE: GRANT CHANGE OF ZONE #504 FROM A (AGRICULTURAL) TO PUD (PLANNED
UNIT DEVELOPMENT)ALLOWING RESIDENTIAL, C-1, C-2, C-3, I-1, AND 1-2 USES
- ROCKY MOUNTAIN TRUST, CIO RUSTY GREEN
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 5th day of February, 1997, at 10:00 a.m.
for the purpose of hearing the application of Rocky Mountain Trust, do Rusty Green, P.O.
Box 3466, Boulder, Colorado 80307, for a Change of Zone from A (Agricultural) to PUD
(Planned Unit Development) allowing Residential, C-1, C-2, C-3, I-1, and 1-2 uses for a parcel
of land located on the following described real estate, to-wit:
A portion of the N1/2 of Section 14, Township 2 North,
Range 68 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Barb Brunk, Rocky Mountain
Consultants, 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 28.7.1.2 - The proposed Change of Zone is consistent with the
intent of the Weld County Comprehensive Plan, and Planned Unit
Development, Mixed Use Development, Commercial, Industrial, and
Residential Goals and Policies.
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CHANGE OF ZONE #504 - ROCKY MOUNTAIN TRUST, C/O RUSTY GREEN
PAGE 2
1. MUD.Goal 1 states: "To plan and to manage growth within the
1-25 Mixed Use Development Area and Urban Development
Nodes so as to balance relevant fiscal, environmental, aesthetic,
and economic components of the area." The applicant has
designed this development with the commercial and industrial
uses located on the western portion of the property adjacent to
existing commercial/industrial uses. The eastern portion of the
property is planned for residential development which is
consistent with the existing residential homes in the area. The
Godding Hollow creek traverses the middle of the property from
north to south. The applicant is preserving the creek with a
community trail system.
2. PUD.Goal 2 states: "Encourage creative approaches to land
development which will result in environments of distinct identity
and character." The applicant is proposing a retirement home
community within the residential area of the development. The
commercial/industrial area will consist of home businesses directly
related to the commercial/industrial use.
3. R.Policy 1.2 states: "Affordable housing developments for senior
citizens should locate within a reasonable distance of community
centers, parks, and shopping area, or where transportation
services can be provided to enable access to these activity
areas." The proposed development assures quality development
for senior citizens. The development is located within close
proximity to 1-25 and State Highway 119. The development is
proposing a community club house/recreational facility, including a
swimming pool in the residential area of the development. The
Godding Hollow creek will also provide a recreational amenity for
the people who work or live in this development.
4. C.Goal 3 states: "Ensure that adequate public services and
facilities are available to serve the commercial development or
district." The development will be serviced by the St.Vrain
Sanitation District for sewage disposal. Central Weld County
Water District will provide an adequate water supply. The
development lies within the Frederick Fire Protection District.
5. I.Goal 5 states: "Achieve a well balanced, diversified industrial
base in order to provide a stable tax base and to provide a variety
of job opportunities for Weld County citizens." The development
is proposing a mixture of commercial and industrial uses that will
provide economic opportunity for County residents.
B. Section 28.7.1.3 - The uses allowed in the proposed PUD will conform
with the performance standards contained in Section 35.3 of the Weld
County Zoning Ordinance.
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CHANGE OF ZONE#504 - ROCKY MOUNTAIN TRUST, CIO RUSTY GREEN
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C. Section 28.7.1.4 -The uses which would be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses which include agricultural production, rural
residences, and commercial and industrial developments. Surrounding
zone districts include Del Camino Center PUD to the west, Flatiron PUD
to the northwest, Del Camino East PUD, Phase 1, to the north, proposed
Del Camino South PUD to the south, and agricultural to the east.
D. Section 28.7.1.5 -Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. St. Vrain Sanitation District will provide adequate sewage
disposal. The Central Weld County Water District will provide water
service.
E. Section 28.7.1.6 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone district.
F. Section 28.7.1.7 - The applicant has complied with the applicable
requirements contained in Section 21.5.1.5 regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site.
Section 21.5.1.5 states that, in those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards.
G. Section 21.5.1.5.1 - The proposed development lies within the Flood
Hazard Overlay District. Conditions of Approval address this issue. This
development also lies within the Mixed Use Development Area. The
applicant is aware of the updated plan, Ordinance 191, for this area. The
applicant may be subject to additional requirements of the plan upon its
adoption by the Board of County Commissioners.
H. Section 21.5.1.5.2 - The proposed development will not permit 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 extractor to any greater extent than under the present zoning of the
property.
I. Section 21.5.1.5.3 - Soil conditions on the site do not present moderate
or sever limitations to the construction of structures or facilities proposed
for the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Rocky Mountain Trust, c/o Rusty Green, for a
Change of Zone from A (Agricultural) to PUD (Planned Unit Development) allowing Residential,
C-1, C-2, C-3, I-1, and 1-2 uses on the above referenced parcel of land be, and hereby is,
granted subject to the following conditions:
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CHANGE OF ZONE#504 - ROCKY MOUNTAIN TRUST, CIO RUSTY GREEN
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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. The applicant shall submit at the time of Final Plan application a traffic analysis,
performed by a qualified engineer, which identifies traffic generated by the
development as well as the roadway improvements needed to mitigate the
increased traffic. This analysis should reflect the future arterial proposed in
Ordinance No. 191.
3. The PUD Final Plan shall adhere to all regulations and requirements in the
approved Ordinance No. 191.
4. 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.
B. The Change of Zone plat shall not include Lot A of RE #1400.
5. 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 Residential (R-1), Commercial (C-1, C-2, C-3)
and Industrial (I-1 and 1-2) uses and shall comply with the PUD Zone
District requirements as set forth in Section 28 of the Weld County Zoning
Ordinance.
B. The PUD shall be serviced by Central Weld County Water District and the
St. Vrain Sanitation District.
C. The PUD Final Plan shall comply with the requirements of Ordinance
No. 191, the Weld County Public Works Department, Frederick Fire
Protection District, Colorado Geological Survey, St. Vrain Sanitation
District, Longmont Soil Conservation District, Colorado Department of
Transportation, U.S. Army Corps of Engineers, St. Vrain Valley School
District, Central Weld County Water District, and the Weld County
Building Inspection Department.
D. The site shall maintain compliance at all times with the Flood Hazard
Overlay District standards.
E. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
F. The road cross section diagrams shall be removed from the Change of
Zone plat and submitted at the Final Plan.
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CHANGE OF ZONE #504 - ROCKY MOUNTAIN TRUST, CIO RUSTY GREEN
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G. Outdoor storage should be screened from public right-of-way and
adjacent properties.
H. The Residential Zone District minimum lot size is 5,400 square feet.
I. The Residential Zone District minimum lot area per residential use is
5,400 square feet.
J. The Residential Zone District minimum lot area/unit is 5,400 square feet.
K. The Residential Zone District front yard setback is as follows: If the
garage is facing the street - 20 feet. If the garage is not facing the street
(side loading) - 15 feet.
L. The Residential Zone District offset - rear yard setback is as follows:
Typical lot - 20 feet. Lot backing onto open space or landscape buffer-
10 feet.
M. The Residential Zone District offset - side yard setback (feet) is as
follows: 3 feet with a minimum of 10 feet between structures.
N. The Residential Zone District maximum building height (feet) is 35 feet.
O. The Residential Zone District maximum lot coverage (%) is 50 percent.
P. The Commercial and Industrial Zone Districts shall adhere to the
standards set forth in the Weld County Zoning Ordinance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 1997.
`et► BOARD OF COUNTY COMMISSIONERS
f ) WELD C UNTY, COLORADO
ATTEST;i, �. �� i ' �`{� 7
h� George E°'Baxter, Chair
Weld Co l� rl�Yoitt e b L zy
rear / ' C nce L. Harbert Pro- m
BY: .l . ��I"ik [ -a
Deputy Clerk to the Board
Dale K. Hall
ROV AS TO EXCUSED
Barbara J. Kirkmeyer
u ty Attor y --________ 1� f X O
W. H. der
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