HomeMy WebLinkAbout20190452.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ18-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIXTEEN
(16) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES ALONG WITH
COMMON OPEN SPACE (LONESTAR ESTATES PUD) - JOE AND LORI STRICKLIN
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 February, 2019, at 10:00 a.m.,
for the purpose of hearing the application of Joe and Lori Stricklin, 32550 CR 27, Greeley, CO
80631, requesting Change of Zone, PUDZ18--0003, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for sixteen (16) residential lots with E (Estate)
Zone District Uses along with common open space (Lonestar Estates PUD), for a parcel of land
located on the following described real estate, to -wit:
Lot B of Amended Recorded Exemption,
1AmRECX18-16-0035; being part of the E1/2 E1/2
of Section 19, Township 6 North, Range 66 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 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
Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision), and
Chapter 26 (Regional Urbanization Areas) of the Weld County Code. The
site is located within the Coordinated Planning Agreement area for the
Towns of Windsor and Severance. During the review of the Sketch Plan,
the Town of Windsor and the Town of Severance indicated that they have
no concerns/comments, per their Notice of Inquiry responses, dated May 5,
2017, and May 8, 2017, respectively.
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2019-0452
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CHANGE OF ZONE, PUDZ18-0003, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - JOE AND LORI STRICKLIN
PAGE 2
1) Section 22-2-120.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 site is currently zoned Agricultural. This subject property is
Lot B of RECX16-0035 and a portion of Lot A of RECX16-0035.
The portion of Lot A is utilized for an access point. The applicant
has also submitted a lot line amendment (1AMRECX18-16-0035)
to incorporate the portion of Lot A into Lot B. Sierra Acres PUD is
on the west boundary and has similar lot size and zoning. State
Highway 392 borders this PUD on the north and there are two (2)
rural residential properties to the east. USR-1212, for an airstrip, is
south of the site. The applicant submitted the appropriate forms to
the Federal Aviation Administration (FAA) and the received a
Determination of NO Hazard to Air Navigation response. The
proposed PUD is compatible with the general residential growth
trends.
2) Section 22-3-40.6 (P.Goal 2) states: "Require adequate facilities
and services to assure the health, safety and general welfare of the
present and future residents of the County."The proposed PUD will
be serviced by the North Weld County Water District and Individual
Sewage Disposal Systems will handle the effluent flow.
B. Section 27-6-120.D.5.b - The uses which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27 of Article II.
1) Section 27-2-40. - Bulk requirements, states: "The normal bulk
requirements for minimum setback, minimum offset, minimum lot
size, minimum lot area per structure, maximum height of buildings
and lot coverage may be varied as specified in a PUD final plan."
The applicant has chosen to adhere to the bulk requirements of the
E (Estate) Zone District with the exception to lot size. There are four
(4) lots that do not meet the 2.5 -acre minimum lot size requirement.
The applicant is requesting a waiver of Section 23-3-440 requiring
the minimum lot size of 2.5 -acres, by the Board of County
Commissioners. The smallest Lot size is 2.14 acres. Because the
lots are on public water, the Board supports this waiver.
C. Section 27-6-120.D.5.c - The uses which would 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 this Code or master plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Town of Windsor, the Town of Severance, and the City of Greeley. The
Town of Windsor, the Town of Severance and the City of Greeley indicated
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CHANGE OF ZONE, PUDZ18-0003, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
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that they have no concerns in their referral comments, dated September 9,
2018, October 19, 2018, and September 19, 2018, respectively.
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 of Article II. The application has
satisfied Chapter 27 of the Weld County Code regarding public water
provisions. The application indicates that the North Weld County Water
District will provide water. A Draft Water Service Agreement from the
District was included with the application, as well as an email from the Weld
County Attorney's Office approving the proposed water source. The
application has satisfied Chapter 27 of the Weld County Code regarding
sewer provisions. An On -site Wastewater Treatment System (OVVTS)
performance report, dated September 19, 2017, was completed by
Soilogic. The minimum lot size of 2.1 acres, coupled with an overall density
of one (1) On -site Wastewater Treatment System per 3.6 acres, does meet
current Department policy.
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. There are two (2) access points proposed on
County Road 25.75, which is commonly known as CR 27.
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 this Code, as amended, and a Road Improvements
Agreement is complete and has been submitted, if applicable. According
to the Public Works Department referral dated October 12, 2018, an
Improvements Agreement to address Road Maintenance and On -Site PUD
Improvements, per Chapter 24, Article 9, Section 24-9-20, is required at
Final Plat application. This Agreement includes on -site improvements
associated with the development. Collateral is required to ensure the
improvements are completed and maintained.
G. Section 27-6-120.D.5.g - There has been compliance with the applicable
requirements contained in Chapter 23 of this Code regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject
site. The proposed PUD is not located within the Airport Overlay District, a
Geological Hazard Area, or a Special Flood Hazard Area. Building Permits
issued on the proposed lot will be required to adhere to the fee structure of
the County -Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs. The Colorado Geological Survey (CGS) has
reviewed the Geology Evaluation and Preliminary On -site Wastewater
Treatment System submitted with the Sketch Plan and per their referrals
agency comments dated April 16, 2018, they had no objection. The CGS
provided comments on the construction of basements on this site.
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H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s), uses, and the specific or conceptual development guide and
concerns identified in sketch plan comments provided pursuant to
Section 27-4-40 of Chapter 27 have been adequately addressed. The
Sketch Plan for this PUD was reviewed under case number PUDK18-0002.
The proposal has been updated to create walkable connections between
the open space areas. Additionally, the water and sewer provisions have
been reviewed and approved by an Assistant County Attorney and the
Department of Public Health and Environment. The applicant is requesting
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
agrees to delegate authority to the Director of the Department of Planning
Services to grant Administrative Approval. Additionally, the applicant is
requesting a waiver to lot size. There are four (4) lots that do not meet the
2.5 -acre minimum lot size requirement. The applicant is requesting a
waiver of Section 23-3-440 requiring the minimum lot size of 2.5 -acres by
the Board of County Commissioners. The smallest Lot size is 2.14 acres.
Because the lots are on public water, the Board supports this waiver.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Joe and Lori Stricklin for Change of Zone,
PUDZ18-0003, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for sixteen (16) residential lots with E (Estate) Zone District Uses along with common
open space (Lonestar Estates PUD), 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 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 record Amended Recorded Exemption plat for
1AMRECX18-16-0035.
C. The applicant shall provide a statement or a Surface Use Agreement that
stipulates that the oil and gas activities on the subject property have been
adequately incorporated into the design of the site or shall provide written
evidence that an adequate attempt has been made to mitigate the concerns
of the mineral owners on the subject property.
D. The applicant shall provide a signed copy of the agreement with the
Greeley #2 Ditch Company addressing the detention pond outfall.
E. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDZ18-0003.
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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.
3) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat.
4) County Road 25.75 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 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) The applicant shall show and label the section line Rights -of -Way
as "CR 27 Section Line Right -Of -Way, not County maintained."
F. 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) Change of Zone, PUDZ18-0003, is from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for
sixteen (16) residential lots with E (Estate) Zone District uses along
with common open space, and subject to and governed by, the
Conditions of Approval stated hereon, and all applicable Weld
County Regulations.
2) The Bulk Standards Requirement, as delineated in
Section 23-3-440 for the E (Estate) Zone District, shall be adhered
to with the exception of the four (4) lots that will not meet the
2.5 -acre minimum lot size requirement.
3) The Open Space Outlots are non -buildable for residential structures
or structures providing habitable space.
4) 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.
5) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
6) 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.
7) The historical flow patterns and runoff amounts on the site will be
maintained.
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8) Weld County is not responsible for the maintenance of on -site
drainage related features.
9) Weld County is not responsible for the maintenance on on -site
subdivision roads.
10) Water service shall be obtained from the North Weld County Water
District.
11) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems 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.
12) Activity or use on the surface of the ground over any part of the
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.
13) 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.
14) 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.
15) 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.
16) 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 stated herein and
all applicable Weld County regulations.
17) The applicant shall comply with Section 27-8-40 Weld County
Code, as follows: Failure to submit a Planned Unit Development
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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.
18) 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 persons moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, 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.
19) 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.
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CHANGE OF ZONE, PUDZ18-0003, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of February, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
d., d, t , i i . „ it ) V Jeld0;4,
Weld County Clerk to the Board
Deputy CI
APPROVE AS
County A ttorney
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro -Tern
Date of signature: Z_12 -I9
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