HomeMy WebLinkAbout992071.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #527 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO CREATE FIVE (5)
E (ESTATE) ZONED LOTS - TOM AND MARGARET RUSSELL, CURRENT OWNER
KAREN LIBIN, % LINN LEEBURG
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 15th day of September, 1999, at 10:00
a.m. for the purpose of hearing the application of Tom and Margaret Russell, % Linn Leeburg
707 Hawthorn Avenue, Boulder, Colorado 80304, requesting a Change of Zone #527 from the
A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District to create
five (5) E (Estate) zoned lots on a parcel of land located on the following described real estate,
to-wit:
Lot B of Recorded Exemption #2150; being part of
the SE1/4 of Section 5, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, during the processing of this application, Karen Libin, 435 Reese, Lyons,
Colorado 80540, has purchased the abovementioned property, and
WHEREAS, the current owner was present and represented by Linn Leeburg, and
WHEREAS, Section 5.3 of the Weld County Planned Unit Development 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 5.3 of the Weld County Planned Unit Development Ordinance as follows.
A. Section 6.4.4.6.1 - 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 the Weld County Zoning and Subdivision Ordinance.
1) A.Goal 1 states, "Preserve prime farmland for agricultural
purposes which fosters economic health and continuance of
agriculture." The subject property is categorized as prime
farmground by the U.S.D.S. Soil Conservation Map. The small
size and the shape of the site makes it difficult to farm.
992071
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CHANGE OF ZONE #527 FROM A (AGRICULTURAL) TO PUD - TOM AND MARGARET
RUSSELL, CURRENT OWNER KAREN LIBIN, C/O LINN LEEBURG
PAGE 2
2) A.Policy 7 states, "Weld County recognizes the 'Right to Farm.' In
order to validate this recognition Weld County has established an
example covenant which should be incorporated on all pertinent
land use plats." The Department of Planning Services will require
the covenant to appear on the recorded plat. The proposed
subdivision is not located within the Mixed Use Development area.
B. Section 6.4.4.6.2 - The uses which would be allowed in the proposed
Planned Unit Development will conform with the Performance Standards
of the Planned Unit Development Zone District contained in Section 2 of
the Weld County Planned Unit Development Ordinance. The Department
of Planning Services staff has determined that the submitted application
complies with the 20 standards described in Section 2 of the Planned
Unit Development Ordinance.
C. Section 6.4.4.6.3 - The uses which would be permitted shall be
compatible with the existing or future development of the surrounding
area as permitted by the existing zoning, and with the future development
as projected by the Comprehensive Plan or Master Plans of affected
municipalities. The proposed site does not lie within an urban growth
area, nor is the applicant proposing an urban scale development. The
Right to Farm Covenant will be included on the plat thus informing any
new residents to the area that the surrounding community is agricultural
in nature. The Department of Planning Services believes that granting
this Change of Zone will have a minimal impact on the surrounding land
uses. Carmacar Ranchettes Subdivision to the east has similar sized
lots.
D. Section 6.4.4.6.4 - The Planned Unit Development Zone District shall be
serviced by an adequate water supply and sewage disposal system in
compliance with the Performance Standards in Section 2 of the Planned
Unit Development Ordinance. Domestic water and water for fire
protection shall be provided by the Left Hand Water District. Each lot for
the proposed minor subdivision shall have an Individual Sewage Disposal
System (ISDS) installed in accordance with the Weld County Department
of Public Health and Environment requirements and specifications.
E. Section 6.4.4.6.5 - Street or highway facilities providing access to the
properly are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed
Zone District. The Weld County Public Works Department reviewed this
request and indicated that the 60-foot right-of-way shall have further
delineation of 12-foot driving lanes with four-foot shoulders. This issue is
addressed through the Conditions of Approval. Improvements to the
internal road will be required, and shall be ensured through an
Improvements Agreement.
992071
PL1323
CHANGE OF ZONE #527 FROM A (AGRICULTURAL) TO PUD - TOM AND MARGARET
RUSSELL, CURRENT OWNER KAREN LIBIN, CIO LINN LEEBURG
PAGE 3
F. Section 6.4.4.6.6 - "In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway
facilities in conformance with the Transportation Section of the
Comprehensive Plan, Subdivision Ordinance, and the Mixed Use
Development Ordinance, if applicable." This shall be shown by
submitting, with the Planned Unit Development District application, a
separate proposal for on-site and off-site improvement agreements. This
proposal shall describe, in detail, the type of on-site improvements in
compliance with Section 12 of the Subdivision Ordinance and off-site
road improvements in compliance with Section 13 of the Subdivision
Ordinance, to determine if the requirement for street or highway facilities
providing access to the property has been satisfied. The method of
guarantee shall conform with Weld County's policy regarding Collateral
for Improvements. Improvements to the internal road will be required,
and shall be ensured through an Improvements Agreement.
G Section 6.4.4.6.7 - "That there has been compliance with the applicable
requirements contained in the Zoning Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject
site." The proposed Change of Zone does not lie within any overlay
district identified by the maps officially adopted by Weld County. 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. Soil
conditions on the site are not such that they present moderate or severe
limitations to the construction of structures of facilities proposed for the
site. In a referral response dated May 28, 1999, the Weld County
Building Inspection Department requires engineered foundations for each
structure. A soils report will need to be included with blueprints when
building permits are applied for with the Weld County Building Inspection
Department. This issue is addressed through the Conditions of Approval.
H. Section 6.4.4.6.8 - "Consistency exists between the proposed zone
district, uses and the Specific or Conceptual Development Guide." The
submitted Development Guide accurately reflects the performance
standards and allowed uses described in the proposed Zone District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Tom and Margaret Russell, current owner Karen
Libin, % Linn Leeburg for a Change of Zone #527 from the A (Agricultural) Zone District to a
PUD (Planned Unit Development) Zone District to create five (5) E (Estate) zoned lots 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.
992071
PL1323
CHANGE OF ZONE #527 FROM A (AGRICULTURAL) TO PUD - TOM AND MARGARET
RUSSELL, CURRENT OWNER KAREN LIBIN, C/O LINN LEEBURG
PAGE 4
2. Prior to recording the Final Plan plat:
A. The applicant shall provide evidence to the Department of Planning
Services of an approved storm water drainage plan from the Weld
County Public Works Department.
B. The applicant shall provide evidence to the Department of Planning
Services that all the requirements of the Mountain View Fire Protection
District have been met, as outlined in a referral response letter, dated
June 9, 1999.
C. The applicant shall enter into a Road Maintenance and Improvements
Agreement with the Department of Public Works. Evidence of the
approved agreement shall be submitted to the Department of Planning
Services
3. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) The applicant shall submit evidence to the Department of
Planning Services from the Left Hand Water District that indicates
water is available.
2) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
3) The typical road cross section shall be changed to indicate 12-foot
driving lanes with four-foot shoulders on the Final Plat.
4) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
5) A Landscape Plan and maintenance schedule shall be submitted
to the Department of Planning Services and approved by the
Department of Planning Services. The Landscape Plan shall
adhere to the requirements of Section 6.3.3 of the Weld County
Planned Unit Development Ordinance. The Landscape Plan shall
address adequate buffering and screening from surrounding
agricultural uses.
6) Evidence shall be submitted to the Department of Planning
Services that the requirements of the St. Vrain Valley School
District have been met, as outlined in a referral response letter
dated June 7, 1999.
7) The plat shall be amended to indicate a 65-foot right-of-way
radius for the cul-de-sac of Peak Lane.
992071
PL1323
CHANGE OF ZONE #527 FROM A (AGRICULTURAL) TO PUD - TOM AND MARGARET
RUSSELL, CURRENT OWNER KAREN LIBIN, CIO LINN LEEBURG
PAGE 5
8) The plat shall be amended to indicate that the building envelope
for Lot #1 has been moved to the center of the lot, away from the
property line.
9) The plat shall be amended to indicate that the center line for Peak
Lane shall be moved approximately 125 feet to the south.
B. The following notes and information shall be delineated on the Change of
Zone plat:
1) The Planned Unit Development shall consist of five (5) Estate
zoned lots. The Change of Zone allows for Estate uses which
shall comply with the Estate Zone District requirements as set
forth in Section 36 of the Weld County Zoning Ordinance. Each of
the five lots shall be buildable.
2) Water service shall be provided by the Left Hand Water District.
3) A Weld County Septic Permit is required for each proposed home
septic system and shall be installed according to the Weld County
Individual Sewage Disposal Regulations.
4) The site shall be developed in accordance with the
recommendations contained in the geotechnical report. (Colorado
Geological Survey - September 8, 1998)
5) Any signage located on the property shall require building permits
and adhere to Section 42.2 of the Weld County Zoning
Ordinance.
6) The site shall maintain compliance at all times with the
requirements of the Weld County Departments of Public Works,
Public Health and Environment, and Planning Services.
7) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
8) The Right to Farm Covenant as stated in the Weld County
Comprehensive Plan shall be recognized at all times.
9) 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
992071
PL1323
CHANGE OF ZONE #527 FROM A (AGRICULTURAL) TO PUD - TOM AND MARGARET
RUSSELL, CURRENT OWNER KAREN LIBIN, C/O LINN LEEBURG
PAGE 6
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."
4. Prior to the release of any building permits:
A. The applicant shall have installed designated street and Stop signs at the
appropriate location adjacent to Fir Avenue.
B. A soils report shall be submitted to Weld County Building Inspections with
blueprints when applying for building permits.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of September, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
I��,f EXCUSED DATE OF SIGNING (AYE)
l'(%(7.u' 77 Dad K. Hall, Chair
C3,c r� er o the Board
1.4.1,4_4.4_ ./J
arbar J. Kirkmeyer, :Tem
--be)* to the Board --- 24
eorge r B er
APPROVED AS TO FORM: . 4,4
M. J. G ile
—Count Attorney:- e
Y Y' k'/web iz^
Glenn Vaar
992071
PL1323
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