HomeMy WebLinkAbout20212829.tiffRESOLUTION
RE: GRANT REQUEST TO AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE,
PUDZ21-0002, TO NORTH COUNTRY PUD (PUDZ14-0001), TO ALLOW ONE (1)
SECOND SINGLE-FAMILY DWELLING UNIT PER LOT IN THE PLANNED UNIT
DEVELOPMENT - ERIK AND TAMMY ANGLUND, AND JOHNNY AND NANCY FRITS
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 13th day of October, 2021, at 10:00 a.m.,
for the purpose of hearing the application of Erik and Tammy Anglund, 16990 County Road 1,
Longmont, Colorado 80504, and Johnny and Nancy Frits, 16898 County Road 1, Longmont,
Colorado 80504, to amend Planned Unit Development Change of Zone, PUDZ21-0002, to North
Country PUD (PUDZ14-0001), to allow one (1) Second Single -Family Dwelling Unit per lot in the
Planned Unit Development, for a parcel of land located on the following described real estate,
to -wit:
Lots 1 and 2 of North Country PUD; being part of
Section 7, Township 3 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said 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 recommendation 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 27-5-30 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-6-120.D as follows:
A. Section 27-6-120.D.5.a — The proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23 (Zoning), and Chapter 24 (Subdivisions) of the Weld County
Code.
1) Section 22-2-30.C.2 states: "Establish residential development
options based on compatibility, proximity to municipalities, and
availability of services that reflect the desired density and character
of that location." The proposed amendment is located in an existing
two (2) lot Planned Unit Development (PUD). The size of the two (2)
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AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0002 - ERIK AND
TAMMY ANGLUND, AND JOHNNY AND NANCY FRITS
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lots are roughly 20 acres each, which leaves plenty of room for an
additional dwelling while still keeping with the nature of the area.
The proposed amendment will allow second single-family dwellings
on the lots, which is not out of character with the area.
B. Section 27-6-120.D.5.b — The uses which will be allowed in the (proposed)
amended PUD will conform with the Performance Standards of the PUD
Zone District contained in Chapter 27, Article II of the Weld County Code.
The proposed PUD conforms with the Performance Standards as outlined
in Section 27-2-20 through Section 27-2-220 of the Weld County Code,
with the following exceptions:
1) Section 27-2-40 Bulk Requirements — The applicant shall adhere to
the bulk requirements of the E (Estate) Zone District for the two (2)
residential lots.
2) Section 27-2-50 states: "Development within a PUD Zone District
shall be designed and constructed to include adequate, safe and
convenient arrangements for pedestrian and vehicular circulation,
off-street parking and loading space. Pedestrian and vehicular
circulation shall relate to the circulation system external to a PUD
Zone District. All streets within the PUD Zone District, whether
private or public, shall be designed and constructed to meet the
requirements of the Department of Public Works and Chapters 24
and 26 of this Code, if applicable."The applicants received approval
for utilizing existing access points. This variance was requested and
approved by the Department of Public Works and the Board of
County Commissioners on the original PUDZ14-0001 submittal.
3) Section 27-2-200 Uses — The applicant is requesting that a second
Single -Family Dwelling be allowed on each residential lot.
C. Section 27-6-120.D.5.c — The uses which will 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 Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed amended PUD is not located within
a Coordinated Planning Area or Urban Growth Boundary Area. It is located
within the three (3) mile referral area of the Towns of Berthoud and Mead.
It is also located within the three (3) mile referral area of Boulder and
Larimer County. No referral responses have been received from Berthoud
or Boulder County. Both Mead and Larimer County responded with no
concerns.
D. Section 27-6-120.D.5.d — The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County Code.
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TAMMY ANGLUND, AND JOHNNY AND NANCY FRITS
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Water is provided by the Longs Peak Water District. Sewer will be provided
by individual On -Site Wastewater Treatment Systems (OWTS). The
application has satisfied Chapter 27, Article II, Section 27-2-176 and
Section 27-2-210 of the Weld County Code in regard to water and sewer
provisions. The Longs Peak Water District evaluated the request for water
service to the proposed second single-family dwellings. A signed letter
dated February 15, 2021, from Longs Peak Water District, states there are
no concerns with adding taps for the proposed second dwellings, but they
may require more raw water to be transferred to the District for treatment,
or additional fees may be imposed.
E. Section 27-6-120.D.5.e — The street or highway facilities providing access
to the property are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the uses of the
proposed PUD Zone District. As stated in the original PUDZ14-0001, the
existing residential lots in the PUD utilize County Road 1. The original
PUD determined the access points to be adequate through Access
Permit, AP11-00401. There are no proposed access changes.
F. Section 27-6-120.D.5.f — An Off -site Road Improvements Agreement and
an On -site Improvements Agreement proposal is in compliance with
Chapter 24 of the Weld County Code, as amended, and a Road
Improvements Agreement is complete and has been submitted, if
applicable. An Improvements Agreement was not required with the original
PUDZ14-0001 or PUDF14-0008 submittal. No Improvements Agreement
will be required for the amended PUDZ or PUDF.
G. Section 27-6-120.D.5.g — There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The PUD is not located within a Special Flood Hazard Area,
Airport Overlay, Geological Hazard Area, or MS4 Area.
H. Section 27-6-120.D.5.h — Consistency exists between the proposed zone
district(s), uses, the specific or conceptual development guide. The
submitted Specific Development Guide does reflect the Performance
Standards and allowed uses described in the E (Estate) Zone District. The
E (Estate) lots shall comply with all E (Estate) requirements, as described
previously. The Department of Planning Services is recommending this
Amended Change of Zone to include second Single -Family Dwellings. The
Board of Weld County Commissioners delegates authority to the
Department of Planning Services to Administratively review the Planned
Unit Development Final Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Erik and Tammy Anglund, and Johnny and Nancy Frits,
for Amended Planned Unit Development Change of Zone, PUDZ21-0002, to North Country PUD
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(PUDZ14-0001), to allow one (1) Second Single -Family Dwelling Unit per lot in the Planned Unit
Development, on the above referenced parcel of land be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to include the following:
1) The plat shall be labeled PUDZ21-0002.
2) The applicant shall adhere to the plat requirements in preparation
of the plat, per Section 27-9-20 of the Weld County Code.
3) The applicant shall show and label all recorded easements, ditches
and rights -of -way on the map by book and page number or
reception number.
4) County Road 1 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
5) County Road 36 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
6) The applicant shall show and label the approved access locations,
and the appropriate turning radii on the site plan.
7) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
8) The applicant shall show the vehicular and non -vehicular traffic
circulation, including road classification, right-of-way width, road
surface width and depth, and access to public rights -of -way.
9) The applicant shall show and label the drainage flow arrows.
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AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0002 - ERIK AND
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10) The attached Plat Notes.
B. The Amended PUD is conditional upon the following and that each shall be
placed on the Amended PUD plat as notes prior to recording:
1) The purpose of this amended Planned Unit Development Change
of Zone, PUDZ21-0002, is to allow one (1) second Single -Family
Dwelling per each lot.
2) The amended Planned Unit Development Change of Zone is from
PUD with E (Estate) Uses to PUD with E (Estate) Uses with the
exception for the allowance of one (1) second Single -Family
Dwelling per lot, as indicated in the application materials on file. The
PUD will be subject to, and governed by, the Conditions of Approval
stated hereon and all applicable Weld County regulations.
3) Water service may be obtained from the Longs Peak Water District.
4) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater
Treatment Systems (OWTS), designed in accordance with the
regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or
modification of the system.
5) Activity or use on the surface of the ground over any part of the
OVVTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading, detrimental to the structural
integrity or capability of the component to function as designed.
6) Installation of utilities shall comply with the Subdivision Design
Standards as listed in Chapter 24, Article III, of the Weld County
Code.
7) For the preservation and/or protection of the absorption field areas,
activities such as permanent landscaping, structures, dirt mounds,
animal husbandry, or other activities that would interfere with the
construction, maintenance, or function of the fields, should be
restricted over the absorption field areas while in use.
8) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than five
(5) acres of land must incorporate all available and practical
methods that are technologically feasible and economically
reasonable, in order to minimize dust emissions.
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9) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
10) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
11) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
12) Any work that may occupy and/or encroach upon any County
rights -of -way or easements shall acquire an approved Right -of -Way
Use Permit prior to commencement.
13) The historical flow patterns and runoff amounts on the site will be
maintained.
14) All proposed or existing structures will or do meet the minimum
setback and offset requirements for the zone district in which the
property is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future
right-of-way line. No occupied building or structure shall be
constructed within 200 feet of any tank battery, within 150 feet of
any oil and gas wellhead or within 25 feet of any plugged or
abandoned oil and gas well.
15) Any future structures or uses onsite must obtain the appropriate
zoning and Building Permits.
16) Prior to the release of Building Permits, the applicant shall submit a
recorded deed describing the Lot upon which the Building Permit is
requested with the Building Permit applications.
17) Building Permits shall be obtained prior to the construction of any
building. Buildings that meet the definition of an Agricultural Exempt
Building, per the requirements of Section 29-1-20 and
Section 29-3-20.6.13 of the Weld County Code, do not need
Building Permits; however, a Certificate of Compliance must be filed
with the Department of Planning Services and an Electrical and/or
Plumbing Permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
18) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee and Drainage Impact Fee Programs.
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19) The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Article II and Article VIII, of
the Weld County Code.
20) The site shall maintain compliance at all times with the
requirements of the Weld County Department of Public Works,
Public Health and Environment, Department of Planning Services
and all applicable Weld County regulations.
21) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval and all applicable
Weld County regulations.
22) The site shall maintain compliance, at all times, with the
requirements of the Weld County Government and the adopted
Weld County Code and Policies.
23) No development activity shall commence on the property, nor shall
any Building Permits be issued on the property, until the Final Plan
has been approved and recorded.
24) The applicant shall comply with Section 27-8-50 Weld County
Code, as follows: Failure to submit a Planned Unit Development
Final Plan - If a PUD Final Plan application is not submitted within
three (3) 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 submission of the
PUD Final Plan. The Board may extend the date for the submission
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.
25) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
2. The PUDZ plat shall be submitted to the Department of Planning Services for
recording within 60 days of approval by the Board of County Commissioners.
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AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0002 - ERIK AND
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3. Prior to Construction:
A) If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 13th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daitA)oi�,
Weld County Clerk to the Board
BY:
APP
Deputy Clerk to the Board
County torney
Date of signature: 11/(72 /2.f
Lori Sai
Steve/Moreno, Chair
c K. James, Pro-Tem
EXCUSED
Perry L. Buck
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