HomeMy WebLinkAbout20183019.tiffRESOLUTION
RE: GRANT AMENDED PLANNED UNIT DEVELOPMENT CHANGE OF ZONE,
PUDZ18-0001, FOR LONGS PEAK ESTATES (Z-543), TO ALLOW TWO HOMES PER
LOT IN THE PUD AND REMOVE SEPTIC ENVELOPES - COLSON, INC., C/O MARK
BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS)
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 24th day of October, 2018, at 10:00 a.m.,
for the purpose of hearing the application of Colson, Inc., c/o Mark Bowman (authorized
representative for 7 lots), 4885 Avery Court, Erie, CO 80516, requesting an Amended Planned
Unit Development Change of Zone, PUDZ18-0001, for Longs Peak Estates (Z-543), to allow two
homes per lot in the PUD and remove septic envelopes, for a parcel of land located on the
following described real estate, to -wit:
Lots 1 through 7 of Longs Peak Estates PUD; being
part of the N1/2 of Section 9, Township 1 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 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.
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 proposed
amendment is located in an existing 7 -lot Planned Unit Development
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AMENDED PUD CHANGE OF ZONE (PUDZ18-0001) - COLSON, INC., C/O MARK BOWMAN
(AUTHORIZED REPRESENTATIVE FOR 7 LOTS)
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(PUD). This PUD is appropriate in this area as it is located nearby
two (2) large residential subdivisions with Scotts Acres directly to the
east and Parkland Estates to the west. The proposed amendment will
allow second homes on the lots, which is not inconsistent within this
developed residential area, and provides the option for
multi -generational living.
2) 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 seven (7) residential lots
are provided water service by the Left Hand Water District (LHWD)
Taps. In the LHWD letter, dated March 21, 2018, and provided in the
application materials, the District states the water taps assigned to each
lot are adequate for serving both the main residence and second
residence and they have no objection to the proposed amendment.
There are three (3) fire hydrants installed in the PUD. Sewage disposal
is provided by individual on -site wastewater treatment systems
(OWTS). New septic systems will be required for all second homes.
The removal of the septic envelopes will not affect the PUD and Weld
County Department of Public Health and Environmental supports this
removal. Additionally, the rights -of -way and road to access the PUD
have already been dedicated and built and no other on -site or off -site
improvements are required to accommodate the requested
amendment. No drainage or utility easements are proposed to be
removed or changed. Avery Court which serves Lots 1 and 2 access
directly onto County Road 12 which annexed into the Town of Erie.
Dawn Court which serves Lots three (3) through seven (7) accesses
onto Peak View Street which is in unincorporated Weld County.
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 Article II, Chapter 27, of the Weld County Code.
The proposed PUD conforms with the performance standards, as outlined
in Chapter 27, Article II, Section 27-2-20 through Section 27-2-220 of the
Weld County Code. Section 27-2-200 — Uses. The applicant has chosen to
adhere to the uses and bulk requirements of the E (Estate) Zone District
with the exception that second homes will be allowed on each residential
lot.
C. Section 27-6-120.D.5.c - The uses which would be permitted shall be
compatible with the existing or future development of the surrounding area,
as permitted by the existing Zoning, and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The PUD is located within the three (3) mile referral
areas of the Towns of Erie, Dacono, and Frederick, Boulder County and
the City and County of Broomfield. It is not located within a Regional
Urbanization Area or Intergovernmental Agreement Area. Frederick and
Broomfield referral responses dated May 1, and May 4, 2018, indicated no
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AMENDED PUD CHANGE OF ZONE (PUDZ18-0001) - COLSON, INC., C/O MARK BOWMAN
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conflicts. No referral response has been received from Erie, Dacono or
Boulder County. The Weld County Department of Planning Services sent
notices to twenty-five (25) surrounding property owners within 500 feet of
the PUD. Planning staff received five (5) letters (PC Exhibits 1 thru 5) in
opposition to this amended PUDZ. All the letters in opposition were
received from SPOs outside of the subject PUD. One (1) of the letters was
submitted from someone outside the SPO notice area. The letters outlined
questions and concerns with road quality, trespassing, traffic and
pedestrian safety, construction nuisances, geologic hazards, impaired
views, and changing the neighborhood's single-family residential dynamic.
The Conditions of Approval and Plat Notes should adequately address
these concerns such as Geological Hazard Permits being required for
construction and the screening of personal outdoor storage.
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 Article II of the Weld County Code. Water
service is provided by the Left Hand Water District. Sewer service 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.
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. The existing residential lots and outlots in the
PUD utilize existing gravel roads.
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. There is an existing Improvements Agreement for the PUD,
reception number 4253148 for access onto Peak View Street (Weld County
maintained). No Improvements and Road Maintenance Agreement is
required for access onto County Road 12 (Erie maintained). Erie did not
respond to this proposal.
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 located within a Geological Hazard Area. The
Colorado Geological Survey (CGS) referral dated May 16, 2018, states the
PUD is undermined by the Morrison and Clayton Mines. The mines overlap
in some areas, which results in significantly greater subsidence hazard.
The CGS discourages development and additional density in geologic
hazard areas. However, as long as construction adheres to the existing
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AMENDED PUD CHANGE OF ZONE (PUDZ18-0001) - COLSON, INC., C/O MARK BOWMAN
(AUTHORIZED REPRESENTATIVE FOR 7 LOTS)
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building envelopes as originally approved by PF-543 and other criteria such
as maximum foundation length and flexible utilities, there is no objection by
the CGS. The building envelopes and additional criteria restrict the location
of structures including second homes to areas where mines are not
overlapped and have the least risk of mine subsidence. Additionally,
Geologic Hazard Development Permits will be required for Lots 3 through
7, which is consistent with the approved final plat PF-543. The PUD is not
located within an Airport Overlay, Special Flood Hazard Area or MS4 Area.
Section 27-6-120.D.6.h - Consistency exists between the proposed Zone
District(s), Uses, and the Specific or Conceptual Development Guide. The
submitted Conceptual Development Guide accurately reflects the
consistency with the performance standards and allowed uses described
in the E (Estate) Zone District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Colson, Inc., do Mark Bowman (authorized
representative for 7 lots) for Change of Zone, PUDZ18-0001, for Longs Peak Estates (Z-543), to
allow two homes per lot in the PUD and remove septic envelopes, 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 address the requirements of Weld County School
District RE -1J as stated in the referral response dated April 26, 2018.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ18-0001.
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) Peak View Road 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.
5) The applicant shall show and label the approved access locations,
and the appropriate turning radii on the site plan. The applicant
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AMENDED PUD CHANGE OF ZONE (PUDZ18-0001) - COLSON, INC., C/O MARK BOWMAN
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must obtain an Access Permit in the approved location(s) prior to
construction.
6) The applicant shall show the approved Municipality of Erie access
from County Road 12 on the site plan and label with the approved
Access Permit number if applicable.
7) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
8) The attached Plat Notes.
C. 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 amended Planned Unit Development shall consist of seven (7)
residential lots and two (2) common open space outlots. The
PUDZ allows for Estate Zone District bulk requirements and uses
plus one (1) second dwelling used as a guest/carriage house, that
shall be limited to 1,500 square feet above ground per each
residential lot, as indicated in the application materials on file in the
Department of Planning Services and subject to, and governed by,
the Conditions of Approval stated hereon and all applicable Weld
County Regulations.
2) The two (2) common open space outlots shall be owned and
maintained by the Homeowners Association. The outlots are
non -buildable for residential and commercial structures or
structures providing habitable space.
3) The site shall be developed in accordance with the
recommendations contained in the Colorado Geological Survey
and geological and mineral studies.
4) All construction or improvements occurring in a Geological Hazard
Area as delineated by the Colorado Geological Survey shall comply
with Overlay District requirements of Chapter 23, Article V,
Division 2, of the Weld County Code.
5) Personal outdoor storage shall be screened from public
rights -of -ways and adjacent properties.
6) A Homeowner's 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
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and maintenance of open space, streets, private utilities and other
facilities. Open space restrictions are permanent.
7) All development shall adhere to the requirements of Mountain View
Fire Rescue.
8) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
9) Internal road improvements have been completed for Longs Peak
Estates PUD. No additional internal road improvements are
required under this amended PUD.
10) Water service may be obtained from Left Hand 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) 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.
14) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
15) 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.
16) The historical flow patterns and runoff amounts on the site will be
maintained.
17) Weld County is not responsible for the maintenance of onsite
drainage related features.
18) Weld County is not responsible for the maintenance of onsite
subdivision roads.
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AMENDED PUD CHANGE OF ZONE (PUDZ18-0001) - COLSON, INC., C/O MARK BOWMAN
(AUTHORIZED REPRESENTATIVE FOR 7 LOTS)
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19) 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 building or structure as defined and limited to
those occupancies listed as Groups A, B, E, F, H, I, M and R in
Section 302.1 of the 2012 International Building Code, shall be
constructed within a 200 -foot radius of any tank battery or within a
150 -foot radius of any wellhead or within a 25 -foot radius of any
plugged or abandoned oil and gas well. Any construction within a
200 -foot radius of any tank battery or 150 -foot radius of any
wellhead shall require a variance from the terms of this Chapter in
accordance with Subsection 23-6-10.C of this Code.
20) Any future structures or uses onsite must obtain the appropriate
zoning and building permits.
21) 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.
22) Building permits shall be obtained prior to the construction of any
building. Buildings that meet the definition of an Ag 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 Planning
Department 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.
23) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee
Program.
24) Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
25) 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.
26) The site shall maintain compliance at all times with the
requirements of the Weld County Department of Public Works,
Public Health and Environment, Planning Services and all
applicable Weld County regulations.
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27) 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.
28) 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.
29) The applicant shall comply with Section 27-8-40 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.
30) 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.
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31) 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.
2. The 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.
3. The Department of Planning Services requests a digital copy of PUDZ18-0001.
Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983
HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.).This digital file may
be sent to maps@co.weld.co.us.
4. 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 24th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 2 q: J w �C.Lto;
Weld County Clerk to the Board
BY:
Deputy C rk to the Bo
ARP'.V' DAS
o n orney
Date of signature: (,2/7/I8
Stele Moreno, Chair
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