HomeMy WebLinkAbout20190024.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ18-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE ' STRICT FOR
NINE (9) RESIDENTIAL LOTS WITH E (ES ZONE DISTRIC USES ALONG
WITH 5.916 ACRES OF OPEN SPACE - D ' ID KE R AND HA - Y STROHAUER
WHEREAS, the Board of County Co
Colorado statute and the Weld County Ho
administering the affairs of Weld County, Colo
WHEREAS, a public hearing was held
the purpose of hearing the application
Colorado 80645, and Harry Strohauer,
requesting Change of Zone, PUDZ1 -0002,
(Planned Unit Development) Zone Dis
uses along with 5.916 acres of open spa
real estate, to -wit:
WHEREAS,
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on - 9th day
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the A
ct for nine (9) r
, for a parc
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ted with the authority of
anuary, 2018, at 10:00 am., for
80 Latham View Drive, LaSalle,
ad 50, LaSalle, Colorado 80645,
gricultural) Zone District to the PUD
dential lots with E (Estate) Zone District
of land located on the following described
Lot B i Record d Exem F on, RE -3703; being part
of the 1/4 of •ection .-, Township 4 North, Range
West tr 6th P. Weld County, Colorado
he-.•lica
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of ' o -, and
E , the :oar
ent, s •' • t
mmission a
t was r- esented by Sheri Lockman, Lockman Land Consulting,
ton, •lorado 80615, and
0 of the Weld County Code provides standards for review of
of County Commissioners heard all the testimony and statements
request of the applicant and the recommendation of the Weld County
having been fully informed, finds that this request shall be approved
The = pplicant has complied with all the application requirements listed in
S- ion 27-5-30 of the Weld County Code.
2. he request is in conformance with Section 27-6-120.D as follows:
Section 27-6-120.D.5.a - The proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and Chapters
19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive
Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development) of the Weld County Code.
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2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 2
1) Section 22-2-120.A (R.Goal 1) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to serve the residential development or district." The
proposed PUD will be served by the Central Weld County Water
District (CWCWD) for public water and On -site Wastewater
Treatment Systems (OWTS).
2) Section 22-1-120.C (R.Goal 3) states: "Consider the compatibility
with surrounding land uses, natural site features, nearby
municipalities' comprehensive plans and general residential growth
trends when evaluating new residential development proposals."
The proposed PUD is located on property being cultivated for crops
and is surrounded on all sides by cultivated farm ground. The
proposed PUD is located approximately 0.5 mile east of the
municipal limits of the Town of LaSalle, which indicated no conflicts
with their interests in their referral dated October 24, 2018.
B. Section 27-6-120.B.5.b - The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20 (Access Standards) of the Weld County Code
states: "All PUD developments will be served by an internally paved
road system according to County standards..." The applicant
requested a waiver from this requirement. The proposed access is
onto County Road 50 (which is a paved road). The Board voted to
waive the paving requirement of the internal road; however, the
access should include a 40 -foot concrete pan.
2) Section 27-2-40, Bulk requirements — The applicant shall adhere to
the bulk requirements of the E (Estate) Zone District for the nine (9)
residential lots.
3) Section 27-6-80.6.7 states: "All urban scale development PUDs
containing a residential element shall provide for a fifteen -percent
common open space allocation, unless otherwise stated in Chapter
26 of this Code." The proposed PUD is located within boundaries
of the Town of LaSalle Intergovernmental Agreement (IGA) Area.
The 15% common open space allocation applies to this PUD. At the
request of the applicant, the Board voted to waive the 15% and
allow an 11% common open space allocation (5.916 acres including
a trail along the perimeter of the property and the drainage area
adjacent to County Road 50 to serve as a buffer between the
residential lots and the road.)
2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 3
4) Section 27-2-60 states: "Common open space is defined as any
usable parcel of land or water unimproved and set aside, dedicated,
designated or reserved for public or private use or for the use and
enjoyment of owners or occupants of land adjoining or neighboring
such area. Common open space includes landscape areas that are
not occupied by buildings or uses such as storage or service areas,
private courtyards, parking lots and islands. In all PUD districts,
except for those containing residential uses, common open space
may include landscape setbacks adjacent to roadways, where the
setbacks are not utilized as parking or storage areas. The amount
and type of common open space provided in a PUD Zone District
shall be proportional to the intensity of the zone districts called for
in the PUD or uses specified in the application, unless specifically
delineated in Chapter 26. Common open space shall be designed
to be useful to the occupants and/or residents of the PUD Zone
District for recreational and scenic purposes. Common open space
in the PUD Zone District shall be owned and maintained in
perpetuity by an organization established specifically for such
ownership and maintenance purposes."The applicant is requested
a waiver from the 15% common open space allocation requirement
due to the large lot sizes. They proposed 11% open space (5.916
acres including a trail along the perimeter of the property and the
drainage area adjacent to County Road 50 to serve as a buffer
between the residential lots and the road.) Given that the property
is surrounded by agricultural land and 0.5 mile from the boundary
of the Town of LaSalle, the Board approve waiver of the 15%open
space requirement and allow 11% open space.
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 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 PUD is located within the City of
Greeley, City of Evans and Town of LaSalle. The proposed PUD is also
located within the Cooperative Planning Agreement boundary for the Town
of LaSalle and the City of Evans. This Change of Zone application was
submitted for review in July of 2018, prior to the City of Evans Cooperative
Planning Agreement being enacted on August 13, 2018. The Town of
LaSalle, in their letter dated September 27, 2018, indicated that they had
no issues with proceeding with the county application and not annexing at
this time. The City of Greeley, in their referral dated October 16, 2018,
indicated no conflicts with their interests. The Town of LaSalle, in their
referral dated October 24, 2018, indicated no conflicts with their interests
and stated that annexation for the applicant is likely not feasible for this
time but could be later. No referral response has been received from the
City of Evans regarding this application.
2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 4
D. Section 27-6-120.D.5.d - That 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. The proposed PUD lots will be served by public water (Central Weld
County Water District) and On -site Wastewater Treatment Systems
(OWTS). The Weld County Department of Public Health and Environment
indicated, in their referral dated November 15, 2018, that the application
has satisfied Chapter 27 of the Weld County Code in regard to water and
sewer service. The On -site Waste Water Treatment System (OTWS)
report, dated April 2017, indicated that the soils on site have rapid
permeability characteristics which may require engineered septic systems
on lots. Groundwater levels fluctuate seasonally so individual test pits are
required for each lot when septic permits are applied for. The Colorado
Division of Water Resources, in their referral dated October 10, 2018,
stated it is their opinion that the water supply for the proposed PUD is
adequate and can be provided without injury to decreed water rights.
E. Section 27-6-120.D.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 of the proposed PUD
Zone District. The proposed PUD borders County Road 50 and County
Road 41 which are respectively identified as a local road (paved) and a
local road (gravel). The PUD is proposing to access onto County Road 50
(a paved road).
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. At Final Plan,
Public Works is requiring an Improvements Agreement for on -site PUD
improvements, per Chapter 24, Article IX, Section 24-9-20. This agreement
will include on -site improvements associated with the development.
Collateral is required to ensure the improvements are completed and
maintained. Prior to recording the Final Plan, the applicant shall provide
construction drawings to be reviewed by the Department of Public Works.
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 site is not located within the Airport, Geohazard, floodplain
or MS4 boundaries. 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.
2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 5
H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s), uses, the specific or conceptual development guide. The
applicant requested that this PUD be approved as a Specific Development,
versus a Conceptual Development, per Section 27-6-20 of the Weld County
Code. The Board supports delegation to the Department of Planning
Services for review of the Final Plan.
1) Section 27-2-20 (Access Standards) of the Weld County Code
states: "All PUD developments will be served by an internally paved
road system according to County standards...". The applicant is
proposing a gravel internal road and requested a waiver from the
paving requirement. The proposed access is onto County Road 50
(which is a paved road). This approval is based upon compliance
with Chapter 27 requirements. The Board paving of the internal
road; however, at the Final Plan, the applicant will need to show the
approved 40 -foot concrete pan tracking control at the subdivision
road access location. The unpaved subdivision road will comply
with the cross-section requirement of Weld County Code, Chapter
24, Appendix E.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of David Keiser and Harry Strohauer for Change of Zone,
PUDZ18-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for nine (9) residential lots with E (Estate) Zone District uses along with 5.916 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 applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. The applicant shall attempt to address the comments of the Union Ditch
Company as stated in their referral comments received October 17, 2018.
Written evidence of such shall be provided to the Department of Planning
Services.
C. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ18-0002.
2) The applicant shall adhere to the plat requirements in preparation
of the Change of Zone plat per Section 23-2-690 of the Weld County
Code.
2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 6
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) County Road 50 is a paved 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
5) County Road 41 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
6) Setbacks radiuses from existing oil and gas wells and tank batteries
shall be indicated.
D. 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:
1) The Change of Zone, PUDZ18-0002, is from the A (Agriculture)
Zone District to the PUD (Planned Unit Development) for nine (9)
residential lots with E (Estate) Zone District Uses along with 5.916
acres of open space and subject to and governed by the Conditions
of Approval stated hereon and all applicable Weld County
regulations.
2) Water service shall be obtained from the Central Weld County
Water District.
3) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems designed in
accordance with 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.
4) Activity or use on the surface of the ground over any part of the
On -site Wastewater Treatment System (OWTS) 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.
2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 7
5) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a Fugitive Dust Control
Plan must be submitted.
6) 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 Application, and apply for a permit from
the Colorado Department of Public Health and Environment.
7) The historical flow patterns and runoff amounts on the site will be
maintained.
8) Weld County is not responsible for the maintenance of on -site
drainage related features.
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) Any work that may occupy and/or encroach upon any County rights -
of -way or easement shall acquire an approved Right -of -Way Use
Permit prior to commencement.
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) Weld County is not responsible for the maintenance of on -site
subdivision roads.
13) 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.
14) 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 Development Standards stated herein and
all applicable Weld County regulations.
15) The site shall maintain compliance at all times with the
requirements of the Weld County Departments of Public Works,
Public Health and the Environment, and Planning Services, and
adopted Weld County Code and policies.
2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 8
16) 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.
17) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
18) No development activity shall commence on the property, nor shall
any building permits be issued, until the Final Plan has been
approved and recorded. This does not apply to the existing
residence on the site.
19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits
are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 9
20) The Weld County Right to Farm Statement, as it appears in Section
22-2-20.J.2 of the Weld County Code, shall be placed on the map
and recognized at all times.
E. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one -
hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance shall be added
for each additional three (3) month period.
F. 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), Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images
is .tif (Group 4) ... (Group 6 is not acceptable).
2019-0024
PL2625
CHANGE OF ZONE, PUDZ18-0002, FROM A (AGRICULTURAL) TO PUD - DAVID KEISER
AND HARRY STROHAUER
PAGE 10
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datjtmj ,,..j;
eik
Weld County Clerk to the Board
BY:
Deputy c Perk o the
APP: e ED A
Boar
ounty A orney
Date of signature: VFW la
A iatik__
arbara Kirkmeyer, air
n ee
Mik Freeman. Pro-Tem
Sean p. Conway
Scott . James
Steve Moreno
2019-0024
PL2625
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