HomeMy WebLinkAbout20213282.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVOCATION OF PLANNED UNIT
DEVELOPMENT ZONE DISTRICT AND VACATION OF THE PLAT, PZ-1120 -
WILLARD AND LINDA OWENS
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, by Resolution #2007-1343, dated June 6, 2007, the Board approved the
application of Willard and Linda Owens, 3525 Diane Place, Greeley, Colorado 80634, for Change
of Zone, PZ-1120, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for nine (9) residential lots with E (Estate) Zone uses (with the exception that Uses
by Right and Accessory Uses be restricted to the following: one (1) single family dwelling per lot;
accessory uses for garages, carports, and parking areas; swimming pools, tennis and similar
recreational facilities; service buildings and facilities; and any other structure or use clearly
incidental and accessory to a Use Allowed by Right; and that no animal units, as defined in
Section 23-1-90 of the Weld County Code be allowed) along with 7.55 acres of open space, for a
parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption #3479; being part of the E1/2
NE1/4 of Section 23, Township 6 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, current property owners, Willard and Linda Owens, 3525 Diane Place,
Greeley, Colorado 80634, by letter dated March 19, 2021, have requested Revocation of the
Planned Unit Development Zone District and Vacation of the Plat, PZ-1120, stating no final plan
has been submitted, nor would one be submitted in the future, and
WHEREAS, Section 27-8-40 of the Weld County Code provides standards for Revocation
of said Planned Unit Development Zone District and Vacation of the Plat, PZ-1120, 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
Department of Planning Services Staff and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The PUD development has been abandoned, and the property owners do not have
the willingness and ability to continue with the submittal of the PUD final plan. No
final plan application has been submitted. By letter dated March 19, 2021, the
property owners have requested revocation of the PUD Zone District, stating they
have no intent or desire to continue with the development or submit a Final Plan.
2. The condition and statements made supporting the original approval of the PUD
Zone District have changed, and the landowners cannot implement the PUD final
plan. The current conditions would prevent a future Final Plan application from
being accepted. Changes to County Road 23 alignment left the property without
direct access, making completion of the PUD impossible.
4786322 Pages: 1 of 2
12/17/2021 02:55 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII l�r.�RJE'�f���lih�'li Ii � J M L IN�� L��1W�h 11111
Gc .P1-(TP/AS), APPL- •
02 /06/22
2021-3282
PL1897
REVOCATION OF PLANNED UNIT DEVELOPMENT ZONE DISTRICT AND VACATION OF
THE PLAT, PZ-1120 - WILLARD AND LINDA OWENS
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Willard and Linda Owens, for Revocation of the Planned
Unit Development Zone District and Vacation of the Plat, PZ-1120, on the above referenced
parcel of land, be, and hereby is, granted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of November, A.D., 2021.
ATTEST: ddm.v.,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPD A
-County rney
Date of signature: 12/l4/2I
4786322 Pages: 2 of 2
12/17/2021 02:55 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve ;n• reno, C.. r
Sco ;' . es, Pro-Te.j�
Perry L. B
Lori
2021-3282
PL1897
TO:
FROM:
SUBJECT:
HEARING DATE:
PROPERTY OWNERS:
LEGAL DESCRIPTION:
LOCATION:
PARCEL NUMBERS:
SIZE:
ZONE DISTRICT:
NARRATIVE:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Angela Snyder, Planner II
Consider Revocation of Planned Unit Development Zone District and Vacation
of the Plat, PZ-1120 (Willard and Linda Owens PUD)
TBD
Willard and Linda Owens
Lot B, Recorded Exemption No. 0807-23-1 RE -3479; part of the E2NE4, Section
23, T6N, R67W of the 6th P.M., Weld County, Colorado
East of and adjacent to Stagecoach Rd (Old County Rd 23), approximately 325
feet south of State Highway 392
080723100057
± 30.7828 acres
PUD (Planned Unit Development PZ-1120, PL1897)
The Department of Planning Services received the attached letter dated March 19, 2021 from Willard and
Linda Owens requesting that the approval of PUD change of zone, PZ-1120, be revoked and the plat
vacated. PZ-1120 was approved by the Board on June 6, 2007, via Resolution #2007-1343. The change
of zone was intended to provide zoning for a nine -lot subdivision. Changes to County Road 23 alignment
left the property without direct access, making completion of the PUD impossible. No final plan has been
submitted.
The Board of County Commissioners may revoke the PUD Zone District if no final plan application has
been submitted, if the conditions supporting the original approval of the PUD Zone District have changed
or if the landowner cannot implement the PUD final plan.
Sec. 27-8-40. - Failure to submit a PUD 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 submittal of the PUD final plan. The Board of
County Commissioners 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 of County
Commissioners 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 may, at
a public meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the
original zone district.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
2021-3282
Page 1 of 1
`PL 1101
Weld County Board of Commissioners
1150 O Street
PO Box 758
Greeley CO 80631 Re: Zoning March 19, 2021
Dear Weld County Commissioners,
We would like to vacate and rescind the PUD zoning designation on our
property. The parcel number is 080723100057 in plat 35-20-584.
In 2007, we intended to subdivide this property for residential
development and worked with the County to change the zoning of the
property from Agriculture to an estate zoning designation. The property
was then placed into the zoning designation PZ-1120 PUD (reception
number 3520584). Weld County had planned to extended WCR #23
southward from Road 392. WCR #23 was to be along the east boundary
of our proposed development, but the County chose to locate WCR #23
about a quarter mile west, which left us with no frontage.
We ended up choosing not to subdivide after the changes were made,
and the parcel has continued to be farmed each year since then.
This is a request to vacate and rescind the PZ-1120 PUD zoning
designation and return to Agricultural zoning on Parcel 080723100057.
Resp c ully,
Willard G. anti Linda Owens
l lllill IIIIIRIIIIII lllll IIII lllll lllllll III "IIIIIII Illl
5012 1R100 uo n.40 �1Bteve MOlenoxCioik a PttPmer
5�4
CHANGE OF ZONE PZ-1120
Lot B, Recorded Exemption No. 0807 -23 -RE 3479,
Being Part Of The Northeast Quarter Of Section 23, Township 6 North, Range 67 West Of The 6th P.M.,
County Of Weld, State Of Colorado
PROPERTY PFUPIpnp{
p`i "ero`°"�wu' �..e».° ae„4'":I„—..�., °�w:10,°�. r.In pan.lp.l
".I Ie �r tl °r_ r tl---°,
/11.4((.g4./.
STATE0fceiorad° ,
Conw,. Of OP.' ISS
k -A D1xns und_Lak5
I 14 m4,s- noo]
y moan,
)ifk a A,btrmber P
Clark lo the Boor0
.9.03.,C.; Boor Wnlrn mab.m
dew 1; ��
N.u.mbe,m:.1"47,mv ..n°wn f,46a...,le.a
me a.P Sm&l'-
5 rhomeswrAor .Bowe 110-cmnolantPre wren. e„rI°m..
on
er Ina °r. cemm ,
VICINITY MAP
C
o�
Road 70
di
J
s
m s e
ay 392
Smm
ighwey 992
1
SITE
C°uaRood
�C„
4
Aaaanaa •art
��
Section 23, T.6N., R.67W., 6th P.M.
(mg.: ',con
VITP Pnsfo 0» cownn°»P m nwmrva
: ni , 2ani o'I ° »� a Rum rI imrm) Zone Pmact m the PUO(PI.nn,e wl< oaw°pm,nn Vim.
o,t a� °ntl ,° m.tl ,,,,". c nAlye"E CE. of no p`• Im"N<.°c" ", � I ""or w"'er
° , yea.n�s War recrexrutlm e, r..<r ee
„ tan _ the a.,° °,mt, �a. , alLeel a 9 Z `cnd e, ono
C. Web Goode a,ght to Form Statement. °, aelaeletl,n the plot, a.ml be rF.pl.e, °, ,Mee.
aowv' fey n ,
e enbl a ...Ed 43, 3OlvIelen t.° »e,,,, we'd z. m me County Code. Rene ree.wemmu .n.l E. Blow:;d7 ce"gel` q nen" o a m: wee ``.nir ca< wan m o,�'�% of X' °5,mw°i.r
n a um P°° Zone, meet al
avn.. ° a,tin.n p tl. nNer.n.. <H
°w r°`" E ar m.%";I r .I »m»n .n. ri.:E .n, e, ,ne.
.e/.
a.x m°e.ea° P.petim.n nu'elC Mann.,Nmo
aum e e °2 ° ooa Im on ree pr mm. ry" e»e wm ee °'" ,° oenem ' xe tee
u ruaun ° la t° onelrn m ct as ena Ine 9 vmw,er/4relne ° Im el fee p ,
Ieewu, on of uullme R° mmpy w»n Section Z°_p-Ia or the Weld County Code.
L. Taor Ine a° wnI t: "°""'" ar .omaynx wlu ue Perormonce S,e,ea,m or c op a rzT, .wtlam u
,atetlneZ . ,e
papa n °na .e°enI .Peen°..ua.w�u°,ao ma me wo orewemI.'I w �e�lean e° e� m °'ue n•
a > ae°oaemeae °, mrme.
e 0,91°.m.°.°. .°.Itimx:P.°.en<,c,°°.
aman.e orwi�Rz el I.,t .lu ox °uer a x � ns,M�me'wo,eln'ia��.»otq emm� P°wm mead% z°n ae na
FILE
2006399B1Ve2
tE1,100'
DRAM ET:
CHECKED 9,
SAL
a
S
CHANGE OF ZONE PZ-1120
Tr: r 2005309-B
1
SHEET 1 OF 2
IllIII MI III IlII IIII unuumn00 00.CD st., giMel.8RealNi
3003 4 F111300 O 000 31Bp0 MOM ,Y. 8 NevoMvr
VI
le
E
mvxo o
nOp,NE.ro2 COINER
xenon za tsx„e.erx.I
2axo ,N pmap
CHANGE
I
WILLOW saw cs RrTarzrs'
OFZONEPZ 1120
'aw
8s WILLOW
w MUMS rrrn>rsFOUND D 1/47 ALUMINUM OPF
2 I/41 FIFE L3 2083x. ,83rz
$� ___
IE NauE4/05
N2005399BJFE2
scu[:1'�100'
MANN
MN
cHFcxFOSAL
4P) KING SURVEYORS, INC.
;VI ►.1. 650 Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 fax: (970) 686-5821
-- STAGE
COACH ROAD (WELD COU ROAD 23)
g SOM,. c (BANS of Evn1 2B22.BT
Soa'72 44�s3 2243.50
I
_
$
MI,
I?
NAIL
i
1T
_m ei
FFOUND OUND uAc NAIL
di
�iWu.o �¢
ILLEGIBLE
- -
—
a s
�3' LOT 8 _ �aW >EuowsvFe.w m.x�
,`o CURRENTZONING-A Eb Ls 2oen
odd PROPOSED ZONING-PIM
a&�.P. Sag•
,` �►_ _ _ _l — Nv&pPVbTCptM
a.
G
i
ROW
VA pow
LOT IIom-
‘Racw
W
t0
WI
8
^I
C4 (NT
�'
6
�
"774% re.Z17219
SYS. ALONG 0
u0. Re,ae29 ?
N
gig
T
GREELEY N0 z 11I
ZpEc
yhNg1 ,
,,__1
�/ If.. � "
, '5 ...an
CI (Ni)
�l�'� LI (4,
I
,
"��.
I Fyi1!
ISW WO }
NEc NO. 2 TWcae■1\/.LccFFiEn
ma.�rz
am •
IFO
I
C2 tiro
ts'C'' i (NT) Ls a
M
o `yea:
"Erc
z 5
H88
FS 9w�
1
1
0
\ I
C
\
1
L L4 L3
0 Ya uuixuu w
.SDI NOMS02,1 OF .
Accum Doom
�
Cae
\
Q
%ANY
v
CHANGE OF ZONE PZ-1120
FOR
DAVE SHOUP CONSULTING
1060 MILANO POINT #1123. COLORADO SPRINGS, CO 80921
AND ALL AGIM(„Nuvorvc 'Z 2AiltrODUeranglITSTItE MONO
APPA D N wznxa By To cauFeN . ( ax 0 2s. Mt. mw
1 SA OM VAT tam
F RE
a
/
WELD COUNTY ROAD 23
oauxonp �T5. 74
LEGEND
OP
IJNE TABLE
_____ EAx1AEM
w�F 01 Row ONE
UNE
BEARING
LENGTH
uNU tt FanT
32. n0
Unutt Fsn
---- SECS. UNE
100 50 0 100 200 300
RA
11
i,9bf,
N1022pn UM
SCALE 1N FEET
x B
,
LT
29731.E
3
Rxw
'GALE: •=100'
.2.
FUINSTINVO
A0g
23
a 5CPi�Eo
EaSwnna"�/_
_
_y
_H B]orvi
■
2005399-8
o�-G--� su°rncs
PI
�2cmlc
CURVE TABLE
. noEYp p gape scvoco
S "` y.-•4)
QQQQQQ
(fix' OEpm cr.)
CURVE
LEN0TH
MMUS
DELTA
INOpo
CH BEAR7. D
a'sus°F
w
L
SHEET 2 OF 2
re12o
4Wu s FOp (x' oral Mi----O'EL....
0u (0.s MN no)
i2es
1Sz�'it 01
za
MFICOVE
• z°0 "Fsi uveo
AI � OO'1
s2cn0 INe' N From (A' MTN lm.l
ux2'
WSW,
BROM
ao'
+' .Z
TYPICAL STREET SECTION
0x
M.N.MI,
5050DA
21
00
"zT...c E_.
O 00350350500550
I =�OF 0 2F�wn. Na
F01
NOT TO SCALE La�< wren i+.'s`se°°:
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days pnor to the hearing The cost of engaging a court reporter shall be borne by the requesting
party In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631
E-mail messages sent to an individual Commissioner may not be included in the case file To
ensure inclusion of your e-mail correspondence into the case file, please send a copy to
egesick@weldgov.com
DATE: November 29, 2021
TIME: 9 00 a m
APPLICANT:
Willard and Linda Owens
3525 Diane Place
Greeley, Colorado 80634
REQUEST: Consider Revocation of Planned Unit Development Zone District and Vacation of
the Plat, PZ-1120
LEGAL DESCRIPTION. Lot B of Recorded Exemption, RE -3479, being part of the E1/2 NE1/4
of Section 23, Township 6 North, Range 67 West of the 6th P M , Weld County, Colorado
LOCATION: East of and adjacent to Stagecoach Road (Old County Road 23), approximately
325 feet south of State Highway 392
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 18, 2021
PROPERTY OWNERS
REVOKE PUD AND VACATION OF THE PLAT, PZ-1120
Owner Address
OWENS WILLARD AND LINDA 3525 DIANE PLACE
City
GREELEY
State Zip
CO 80634
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the
notification requirements of Weld County for Revocation of PUD Zone District and Vacation of the
Plat, PZ-1120, in the United States Mail, postage prepaid First Class Mail as listed above.
Dated the 18th day of November, 2021.
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com .
Certified Mail Fee
$
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
• Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
• Adult Signature Required $
Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
Sent To
City, Stat
A .
Postmark
Here
i&nc ?Loccc5
zoo
PS For.n 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
S
COMPLETE THIS SECTION ON DELIVERY
3
J
C
O�cn
p ': >-
KLDDCi
T
vim' E3
fn a?°
U
As o
a
C �
-O 10
>' a.
a-a))�
TD" Lu
cc Nv_-
•
m O
cri❑❑\t❑ pop ❑
tea) 7
I-
® 'C 0 0
_ _
2a)
aE tr o E E
W22 . a) o
U U
Via) �W.�a)a)�
U) U) (1) L Ct) Ct
O C) C)= .. i C C U)
•C a) a) a) a) .rn .m a)
a. cc cc O cc 2 (nth* cc
0 0 0 0 0
� O
c
cp
0
4-,
O
c O n
O -0 -
in L -
CB
DA)
n a
U
p Er
c
r (0 `' O
co v p
N
Ss�
9
9590 9402 4445 8248 1200 28
N
a
N
r
IIMI
f=1
a
a
H
a
re
Domestic Return Receipt
RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ #1120, FROM A (AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES (WITH THE EXCEPTION THAT
USES BY RIGHT ANDACCESSORY USES BE RESTRICTED TO THE FOLLOWING:
ONE (1) SINGLE FAMILY DWELLING PER LOT; ACCESSORYUSES FOR GARAGES,
CARPORTS, AND PARKING AREAS; SWIMMING POOLS, TENNIS, AND SIMILAR
RECREATIONAL FACILITIES; SERVICE BUILDINGS AND FACILITIES; AND ANY
OTHER STRUCTURE OR USE CLEARLY INCIDENTAL AND ACCESSORYTO A USE
ALLOWED BY RIGHT; AND THAT NO ANIMAL UNITS, AS DEFINED IN
SECTION 23-1-90 OF THE WELD COUNTY CODE BE ALLOWED)ALONG WITH 7.55
ACRES OF OPEN SPACE - WILLARD AND LINDA OWENS
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 6th day of June, 2007, at 10:00 a.m. for the
purpose of hearing the application of Willard and Linda Owens, 3525 Diane Place, Greeley,
Colorado 80634, requesting Change of Zone, PZ#1120, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone uses
(with the exception that Uses by Right and Accessory Uses be restricted to the following: one (1)
single family dwelling per lot; accessory uses for garages, carports, and parking areas; swimming
pools, tennis, and similar recreational facilities; service buildings and facilities; and any other
structure or use clearly incidental and accessory to a Use Allowed by Right; and that no animal
units, as defined in Section 23-1-90 of the Weld County Code be allowed) along with 7.55 acres of
open space, for a parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption #3479; being part of the
E112NE114ofSection 23, Township 6 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by David L Shoup Consulting, 1060 Milano
Point #1123, Colorado Springs, Colorado 80921, 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.
N. A , m (iE/) fG,. A900
2007-1343
PL1897
o?-os-- or)
CHANGE OF ZONE#1120 FROM A (AGRICULTURAL) TO PUD -WILLARDAND LINDAOWENS
PAGE 2
2. 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 Planned Unit
Development, and Chapters 19, 22, 23, 24, and 26 of the Weld County Code.
b. Section 27-6-120.D.5.b -- The uses which will be allowed on the subject
property will conform to the Performance Standards outlined in Chapter 27,
Article II, of the Weld County Code.
c. Section 27-6-120.D.5.c -- The uses which will be permitted will be
compatible with the existing or future development of the surrounding area
as permitted bythe existing Zone District and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities,
d. Section 27-6-120,D.5.d—There is evidence thatadequate public water and
sewer will be made available to the site to serve the uses permitted within
the proposed Planned Unit Development in compliancewith the Performance
Standards in Chapter 27, Article II, of the Weld County Code.
e. Section 27-6-120.O.5.e — 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 in the proposed Zone
District.
f. Section 27-6-120.D.5.f — In the event the street or highway facilities are not
adequate, the applicant will supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
In conformance with the Transportation Section of Chapters 22, 24, and 26,
if applicable. This shall be shown by submitting, with the Planned Unit
Development Zone District application, a separate proposal for on -site and
off -site road improvements. This proposal shall describe, in detail, the type
of on -site improvements in compliance with Section 24-9-10 and off -site road
improvements in compliance with Section 24-9-20, 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 the
County's policy regarding collateral for improvements.
g. Section 27-6-120.D.5.g -- There has been compliance with the applicable
requirement contained in Chapter23 regarding overlaydistricts, commercial
mineral deposits, and soil conditions on the subject site.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District uses and the Specific Development Guide.
2007-1343
PL1897
CHANGE OF ZONE#1120 FROM (AGRICULTURAL) TO PUD-WILLARDAND LINDAOWENS
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Willard and Linda Owens for Change of Zone, PZ#1120,
from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine
(9) residential lotswith E (Estate) Zone uses (with the exception that Uses by Right and Accessory
Uses be restricted to the following: one (1) single family dwelling per lot; accessory uses for
garages, carports, and parking areas; swimming pools, tennis, and similar recreational facilities;
service buildings and facilities; and any other structure or use clearly incidental and accessory to
a Use Allowed by Right; and that no animal units, as defined in Section 23-1-90 of the Weld County
Code be allowed) along with 7.55 acres of open space, on the above referenced parcel of land be,
and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1120.
2) Stagecoach Road (County Road 23) is classified as a collector road.
The collector minimum right-of-way of 40 feet from centerline shall
be dedicated on the Change of Zone plat to the southern boundary of
the PUD,
3) The approved road cross-section (two 12 -foot paved lanes with
4 -foot gravel shoulders) shall be indicated on the plat.
4) The right-of-way documentation for the Greeley No. 2 Canal shall be
indicated.
5) The public trail easement between the Town of Windsor and the
Greeley No. 2 canal shall be indicated.
B. The applicant shall address the requirements and recommendations of the
Weld County Sheriffs Office, as stated in the referral received April 2, 2007.
Written evidence of such shall be provided to the Department of Planning
Services.
C. The applicant shall attempt to address the requirements and
recommendations of the Town of Windsor, as stated in the referral received
March 5, 2007. Written evidence of such shall be submitted to the
Department of Planning Services.
D. The applicant shall address the requirements and recommendations of the
Weld County Paramedic Service, as stated in the referral received March 30,
2007. Written evidence of such shall be provided to the Department of
Planning Services.
2007-13.43
PL1897
CHANGE OF ZONE #1120 FROM A (AGRICULTURAL) TO PUD -WILLARD AND LINDAOWENS
PAGE 4
E. The applicant shall address the requirements and recommendations of the
Department of Planning Services, as stated in the landscape referral
received February 19, 2007, in regards to clarifying water supply provisions
for fire protection and potable/non-potable water supplies. Written evidence
of such shall be provided to the Department of Planning Services.
F. The applicant shall attempt to address the requirements and
recommendations of the New Cache La Poudre Irrigating Company/Cache
La Poudre Reservoir Company, as stated in the referral received
February 15, 2007. Written evidence of such shall be submitted to the
Department of Planning Services.
G. The applicant shall address the requirements and recommendations of the
Department of Public Works, as stated in the referral received March 9,
2007. Written evidence of such shall be provided to the Department of
Planning Services,
H. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes can be delineated on the plat in accordance
with State requirements as an attempt to mitigate concerns. The plat shall
be amended to include any possible future drilling sites.
The applicant shall address the requirements and recommendations of the
Department of Public Health and Environment, as stated in the referral
received March 12, 2007. Written evidence of such shall be provided to the
Department of Planning Services.
J. The applicant shall submit verification that any requirements of the
Windsor/Severance Fire Protection District, if any, have been addressed.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following and that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. Change of Zone, PZ#1120, is from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for nine (9) residential lots
with E (Estate) Zone uses 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. The residential
lots shall comply with all E (Estate) Zone requirements (with the exception
of Uses by Right and Accessory Uses being restricted to the following: one
(1) single-family dwelling per lot; accessory uses for garages, carports and
2007-1343
P L 1897
CHANGE OFZONE #1120 FROM A(AGRICULTURAL)TO PUD- WILLARDAND LINDA OW ENS
PAGE 5
parking areas; swimming pools, tennis, and similar recreational facilities;
service buildings and facilities; and any other structure or use clearly
incidental and accessoryto a Use Allowed by Right; and that no animal units,
as defined in Section 23-1-90 of the Weld County Code, be allowed) along
with 7.55 acres of open space.
B. A Homeowners' Association shall be established prior to the sale of any lot.
Membership in the Association Is mandatory for each parcel owner. The
Association is responsible for liability insurance, taxes and maintenance of
open space, streets, private utilities, and other facilities. Open space
restrictions are permanent.
C. Weld County's Right to Farm Statement, as delineated on the plat, shall be
recognized at all times.
D. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code. These requirements shall apply to all temporary and permanent
signs.
E. Water service shall be obtained from the North Weld County Water District.
F. This PUD is not served by a municipal sanitary sewer system. Sewage
disposal shall be by septic systems designed in accordance with the
regulations of the Colorado DCpailmentof 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. In
accordance with the Weld County Code, if a sewer line exists within four
hundred (400) feet of the property line and the sewer provider is willing to
serve the proposed structure, a septic permit cannot be granted by the Weld
County Department of Public Health and Environment.
G. Activities such as permanent landscaping, structures, dirt mounds, orother
items are expressly prohibited in the absorption field site.
H. Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setbacks, including the 50 -foot
setback to any irrigation ditch.
Language for the preservation and/or protection of the absorption field
envelopes shall be placed in the development Covenants. The Covenants
shall state that activities such as permanent landscaping, structures, dirt
mounds, or other items are expressly prohibited in the absorption field site.
J. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greaterthan, or equal to, one acre in area. The applicant shall
contact the Water Quality Control Division of the Colorado Department of
2007-1343
PL1897
CHANGE OF ZONE#1120 FROM A (AGRICULTURAL) TO PUD-WILLARDAND LINDA OWENS
PAGE 6
Public Health and Environmentatwww.cdphe.state,co.us/wq/PermitsUnitfor
more information.
K. During development of the site, all land disturbances shall be conducted so
that nuisance conditions are not created_ Ifdust emissions create nuisance
conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
L. 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.
M. If land development creates more than a 25 -acre contiguous disturbance, or
exceeds six (6) months in duration, the responsible party shall prepare a
Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
N. A separate building permit shall be obtained prior to the construction of any
structure, including signs.
0. Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee Program.
P. Effective August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee Programs.
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
R. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles tl and VIII, of the Weld County Code.
S. Weld County Government personnel 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 Development Standards stated herein and
all applicable Weld County regulations.
T. The site shall maintain compliance, at all times, with the requirements ofthe
Weld County Government and the adopted Weld County Code and policies.
U. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
2007-1343
P11897
CHANGE OF ZONE #1120 FROM A (AGRICULTURAL) TO PUD- WILLARD AND LINDA OWENS
PAGE 7
V. The applicant shall comply with Section 27-8-50 of the 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 thatthe 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.
W. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within sixty (60) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files), Arcinfo Coverages and Arcinfo Export files format
type is .e00. The preferred format for Images is .tlf (Group 4). (Group 6 is not
acceptable).
4. In accordancewith Weld County Code Ordi nance #2005-7, approved June 1, 2005,
should the plat not be recorded within the required sixty (60) days from the date of
Board of County Commissioners Resolution, a $50.00 recording continuance charge
shall added for each additional three (3) month period.
5. At the time of Final Plan submission:
A. The applicant shall submit a set of sign standards, as required by
Section 27-6-90.E.1 of the Weld County Code, for review and approval. If a
PUD entrance sign is proposed, its location shall be indicated on the final
plat. The entrance sign shall be placed on an outlot under the jurisdiction of
the Homeowners' Association.
B. The applicant shall submit an On -site (Private) Improvements Agreement
that addresses all improvements associated with the development for review
and approval.
2007-1343
PL1897
CHANGE OFZONE#1120 FROM A(AGRICULTURAL) TO PUD - WILLARDAND LINDAOWENS
PAGE 8
C. The applicant shall submit an Off -site (Public) Improvements Agreement (for
improvements to County Road 23) that addresses all improvements
associated with the development for review and approval.
D. The applicant shall submit development Covenants for Sunset PUD.
Language for the preservation and/or protection of the absorption field
envelopes shall be placed in the development Covenants. The Covenants
shall state that activities such as permanent landscaping, structures, dirt
mounds, or other items are expressly prohibited In the absorption field site.
The Covenants shall also address signage requirements and refer to the
Weld County Code.
E. Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and noted on the final roadway plans.
F. Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setbacks, including the 50 -foot
setback to any Irrigation ditch.
G. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
H. Easements shall be delineated on the final plat in accordance with County
standards (Section 24-7-60) and Utilities Coordinating Advisory Committee
recommendations.
The applicant shall submit all proposed street names and lot addresses to
the Weld County Department of Planning Services for review and approval
by the Windsor/Severance Fire Protection District, Weld County Sheriffs
Office, Weld County Paramedic Service, and U.S. Post Office.
J. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners' Association for review and approval.
K. The applicant shall contact the Vegetation Weed Management Specialist with
the Weld County Department of Public Works at (970) 356-4000, Ext. 3770,
to develop a Weed Management Plan. The approved plan shall be included
in the Final Plan application.
L. The applicant shall address the landscaping referral requirements of the
Department of Planning Services, dated February 19, 2007. Written
evidence of such shall be provided to the Department of Planning Services,
M. The applicant shall address the requirements and recommendations of the
Weld County Sheriffs Office, as stated in the referral received February 26,
2007. Written evidence of such shall be provided to the Department of
Planning Services.
2007-1343
PL1697
CHANGE OFZONE #1120 FROM A (AGRICULTURAL) TO PUD -WILLARD AND LINDAOWENS
PAGE 9
N. The applicant shall submit stamped, signed, and dated final plat drawings
and roadway/construction and grading plan drawings, with the final plan
application, to the Weld County Department of Public Works for review and
approval. Construction details must be included.
O. A Final Drainage Report stamped, signed, and dated bya Colorado licensed
professional engineer, shall be submitted with the final application. The
5 -year storm and 100 -year storm drainage studies shall take into
consideration off -site flows both entering and leaving the development.
Increased runoff due to development will require detention of the 100 -year
storm developed condition while releasing the 5 -year s torm existing
condition The Final Drainage Report shall include a flood hazard review
documenting any FEMA defined floodways. The engineer shall referencethe
specific map panel number, including date. The development site shall be
located on the copy of the FEMA map.
P. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage for the final application. Front, rear, and side slopes
around building envelopes must be addressed. In addition, drainage for rear
and side lot line swales shall be considered. Building envelopes must be
planned to avoid stormwater flows, while taking into account adjacent
drainage mitigation.
Q. Final Drainage Construction and Erosion Control Plans (conforming to the
Drainage Report) stamped, signed, and dated by a Colorado licensed
professional engineer shall be submitted with the Final Plan application.
R. The applicant shall refer to the Weld County Storm Drainage Criteria
Addendum to Urban Drainage for all Change of Zone and Final Plan drainage
requirements.
S. The applicant shall provide appropriate erosion control at pipe outlets and
inlets, overflow areas, channel bends, high shear stress channels and
swales, or any other areas requiring erosion control. Design calculations
must be provided to support the selection of any, and all, erosion control
measures, and must demonstrate thatthe proposed designs provide stable
channel conditions prior to the establishment of vegetation.
1) Add rock riprap protection at all culvert outlets for the final drainage
plans, and include rock size (D50) and apron limits (length, width,
and thickness). Utilize UD&FCD methods, and include all design
calculations and/or spreadsheets in the report appendix.
2) A self -launching termination key with a design detail is required for
rock riprap protection. Follow guidance provided in the USDCM,
Chapter 4.4.2.4 (UD&FCD 2001). Another useful guide may be
HEC-11, Chapter 2 (FHWA 1989).
2007-1343
P11897
CHANGE OF ZONE#1120 FROM A (AGRICULTURAL) TO PUD - WILLARD AND LINDA OWENS
PAGE 10
3) Specify an appropriate geo-textile filter fabric under the rock. The
geo-textile shall be identified by a product name and number, or
approved equal. The selected product shall be fully documented with
manufacturer specifications and installation procedures, drawings,
and details.
T. The applicant shall utilize engineering calculations to determine all
conveyance swales and channels in the subdivision are stable under
proposed hydraulic conditions.
U. The applicant shall add the following note to the text of the Final Drainage
Report and to the notes on the Final Plat: "Weld County will not be
responsible for the maintenance of drainage related areas."
V. All culverts must be analyzed using UD-Culvert, HY-8, HEC-RAS,
CulvertMaster, or other approved programs that adhere to HDS-5 guidelines
(FHWA 2005).
W. All culvert inlets shall include debris racks to prevent clogging due to debris
accumulation and to protect the public safety. Debris racks shall be sloped
at 3H:1 V or flatter per UD&FCD research.
X. The applicant shall provide an emergency spillway on all proposed detention
ponds.
1) A typical cross section of the emergency overflow crest must be
provided on construction plan sheets with point elevations and
slopes.
2) The depth of flow out of the spillway shall be six (6) inches, or less,
and the spillway shall have effective erosion protection supported by
calculations.
3) A spillway cutoff wall is required for each detention pond to prevent
possible breach during the major 100 -year storm event.
4) The elevation of the top of the spillway embankrnentand of the lowest
finished floor of alf proposed building structures shall be a minimum
of one (1) foot above the 100 -year water surface elevation in the
detention pond.
5) Each spillway shall have adequate erosion protection to prevent
erosion during operation.
Y. Re -vegetation of all disturbed earth shall comply with all standards defined
in the Re -vegetation section of the Weld County Storm Drainage Criteria,
dated February 2006.
2007-1343
PL1897
CHANGE OF ZONE #1120 FROM A (AGRICULTURAL) TO PUD - WI LLARDAND LI NDAOWENS
PAGE 11
Z. A dedicated drainage easement is required for all on -site drainage areas
inundated by the 100 -year storm event. The applicant shall identify and
dimension all drainage easements on all plan sheets submitted with the Final
Drainage Report.
AA. A standard detail sheetforall drainage and erosion control features must be
provided as part of the construction plan set,
BB. The applicant shall submit a copy of a finalized Water Service Agreement
between the applicant and the North Weld County Water District for service
to the PUD.
6. Prior to recording the final plat
A. Original copies of the approved Covenants, along with the appropriate
recording fee (currently $6.00 for the first page and $5.00 for subsequent
pages) shall be submitted to the Weld County Department of Planning
Services.
B. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
C. The applicant shall enter into an On -site Improvements Agreement
According to Policy Regarding Collateral for Improvements. This agreement
shall be approved by the Board of County Commissioners.
D. The applicant shall enter into an Off -site Improvements Agreement
According to Policy Regarding Collateral for Improvements. This agreement
shall be approved by the Board of County Commissioners,
E. The applica nt shall provide evidence that the Voluntary Capital Mitigation Fee
has been paid, along with the fee in lieu of land dedication, as stated in the
agreement with Weld County School District RE -4, and that the remaining
requirements of the School District have been addressed.
F. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e0o, The preferred format
for Images Is .tif (Group 4). (Group 6 is not acceptable).
7. Prior to release of collateral:
A. Evidence shall be provided that the open space tracts have been deeded to
the Homeowners' Association.
2007-1343
PL1697
CHANGE OF ZONE#1120 FROM A (AGRICULTURAL) TO PUD- WILLARD AND LINDA OWENS
PAGE 12
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the folFowing vote on the 6th day of June, A.D., 2007.
ATTEST:
Weld County Clerk to th
BY:
AP
0
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
i
/f/ r/ \EXCUSED
`' '.•�� Aspavld E. Long, Chair
�4 +•F�iW1Illa Je em , • •
to the Boar
n y A omey Date of signature: tafi a 7
W 'am F. Garcia
Robert D,asden
ce"
as - ademacher
Doug
2007-1343
PL1897
Hello