HomeMy WebLinkAbout20180964.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ18-0001, FROM THE PUD (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT -
UNION FARMS DEVELOPMENT, LLC
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 11th day of April, 2018, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Union Farms Development,
LLC, 1351 Red Ash Lane, Boulder, CO 80303, requesting a Change of Zone, COZ18-0001, from
the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District for a parcel
of land located on the following described real estate, to -wit:
Part of the W1/2 NW1/4 of Section 29, Township 3
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a 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 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-40.B.1 - The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-20.A.2 (A.Policy 1.2) states: "Support the
development of creative policies for landowners to voluntarily
conserve agricultural land." This Change of Zone request is the
result of landowners finding a creative way to preserve agricultural
land and open space.
B. Section 23-2-40.B.2 - The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The Department of Planning Services sent out
eighteen (18) notices to surrounding property owners and has received one
c.c.: PLCo�S/Mm1, PwC aP/Nb1, F_HCL ( , c&CBc),
C TpCTJ), GiPPLiGPPL REF,
2018-0964
PL2492
CHANGE OF ZONE (COZ18-0001) - UNION FARMS DEVELOPMENT, LLC
PAGE 2
favorable comment from a surrounding property owner about this Change
of Zone request. Adjacent properties to the west, south, and east are all
zoned A (Agricultural). These properties include a residential subdivision,
agricultural and rural residential land uses. Property to the north has been
annexed into the Town of Mead and is currently being used as agricultural
land
C. Section 23-2-40.B.3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Water service is provided to the site through the Longs Peak Water
District. The On -site Water Treatment System is not permitted; however, a
Statement of Existing was completed in 2016 (SE16-00001) which
indicated the system was not failing at that time.
D. Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. Access to the property is from State Highway 66, Colorado
Department of Transportation Access Permit No. 417166, dated
December 29, 2017.
E. Section 23-2-40.B.5 - In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) Section 23-2-40.B.5.a - The proposed Change of Zone is not
located within an Overlay District, Geological Hazard Area or a
Special Flood Hazard Area.
2) Section 23-2-40.B.5.b - The proposed Change of Zone does not
interfere with the present or future extraction of mineral resources.
Also, the Geology Report submitted with the application materials
states that no economically recoverable gravel resources were
identified on the site.
3) Section 23-2-40.6.5.c - The use on the subject property will not
change with the approval of this Change of Zone. One or two new
residential homes are being proposed at this time.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Union Farms Development, LLC, for a Change of Zone,
COZ18-0001, from the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone
District 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 Change of Zone plat shall delineate the following:
1) All pages of the plat shall be labeled COZ18-0001.
2018-0964
PL2492
CHANGE OF ZONE (COZ18-0001) - UNION FARMS DEVELOPMENT, LLC
PAGE 3
2) The plat shall adhere to Section 23-2-50.C and D. of the Weld
County Code.
3) All recorded easements shall be shall be shown and dimensioned
on the Change of Zone plat.
4) Show the approved Colorado Department of Transportation
(CDOT) access point(s) on the plat and label with the approved
access permit number, if applicable.
B. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for A (Agricultural) uses which shall
comply with the A (Agricultural) Zone District requirements as set
forth in Chapter 23, Article III, Division 1, of the Weld County Code.
2) The operation shall comply with all applicable rules and regulations
of state and federal agencies and the Weld County Code.
3) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
4) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee, County
Facility Fee and Drainage Impact Fee Programs.
5) 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.
6) 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.
7) The historical flow patterns and runoff amounts will be maintained
on the site.
8) Water service may be obtained from the Longs Peak Water District.
9) 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.
2018-0964
PL2492
CHANGE OF ZONE (COZ18-0001) - UNION FARMS DEVELOPMENT, LLC
PAGE 4
10) 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.
11) 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.
12) 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. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within one hundred twenty (120) days of approval by the
3oard 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), Arclnfo Coverages and Arclnfo
2018-0964
PL2492
CHANGE OF ZONE (COZ18-0001) - UNION FARMS DEVELOPMENT, LLC
PAGE 5
Export files format type is .e00. The preferred format for Images is .tif (Group 4)
(Group 6 is not acceptable).
4. 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 $50.00
recording continuance charge shall be added for each additional three (3) month
period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datia4,A)
ir
Weld County Clerk to the Board
Deputy Clerk to the B
APPRO D AS T
unty Attorney
Mike Freeman
Date of signature: 05 OA-/$
2018-0964
PL2492
Hello