HomeMy WebLinkAbout20180290.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ17-0006, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE (3)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES - JOSEPH AND ELAINE HOFF
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 31st day of January, 2018, at 10:00 a.m., for
the purpose of hearing the application of Joseph and Elaine Hoff, 34251 CR 31, Greeley, Colorado
80631, requesting a Change of Zone, PUDZ17-0006, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for three (3) lots with E (Estate) Zone uses, for a
parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -3960; being part of
the SE1/4 of Section 9, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Tim Naylor, AGPROfessionals, 3050 67th
Avenue, Suite 200, Greeley, CO 80634, 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.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 public water (North Weld County Water District) and On -site
Wastewater Treatment Systems (OWTS).
2) Section 22-2-120.C (R.Goal 3) states: "Consider the compatibility with
surrounding land uses, natural site features, nearby municipalities'
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CHANGE OF ZONE, PUDZ17-0006, FROM A (AGRICULTURAL) TO THE PUD (PLANNED UNIT
DEVELOPMENT) WITH E (ESTATE) USES - JOSEPH AND ELAINE HOFF
PAGE 2
comprehensive plans and general residential growth trends when
evaluating new residential development proposals." The proposed
PUD is located in a rural agricultural area approximately 1/4 mile east
of an existing 8 -lot PUD (Cattail PUD). Smaller rural lots created
through the recorded exemption process are located to the north and
south of the proposed PUD. The size and number of lots proposed
under this PUD are consistent with development in the surrounding
area.
3) Section 24-7-20.A.1 states, in part: "Streets shall be extended to the
boundaries of each building site, except where such extension is
prevented by topography or other physical conditions, or where the
connection of streets with existing or probable future streets is deemed
unnecessary for the advantageous development of adjacent
properties. All building sites shall have access to a public internal street
system."
4) Section 24-7-20.A.6 states: "Driveways shall not be permitted to have
direct access to arterial streets. Only one (1) access is permitted per
new lot. A second access may be permitted to internal subdivision lots
onto internal subdivision roads only. All driveways shall be off the
internal subdivision road system."
5) Section 27-2-20 states: "All PUD developments will be served by an
internally paved road system according to County standards. An
exception to paving may be granted by the Director of Public Works for
residential PUDs of nine (9) lots or less located in nonurban areas as
defined in Chapter 22 of this Code, when the PUD is not located within
close proximity to other PUDs, subdivisions and municipal boundaries,
and when access to the PUD is not from a public road which is paved
or will be paved within a year of approval of the PUD." The applicant is
asking that the Board of County Commissioners waive the requirements
of Sections 24-7-20.A.1, 24-7-20.A.6, and 27-2-20. The proposed PUD
does not have an internal street system. The applicant is proposing that
each lot access off County Road 31. As outlined in the application
materials, the applicant is requesting a waiver from the above access
requirements because the lot configuration is consistent with existing
residential lots in the area and because an internal roadway would
diminish the amount of land available for agricultural and rural uses.
Other rural lots in the area are not PUD and/or subdivision lots and are
not subject to the same access requirements as PUDs and
subdivisions. Additionally, the applicant is proposing the lots to be
rezoned to PUD Estate uses, with the exception that the lots shall
adhere to the animal unit requirements in the A(Agricultural) Zone
District. The lots are being rezoned from A (Agricultural) to a more
restrictive zoning designation of E (Estate) and the principal uses on
site will be residential, not rural or agricultural. The proposed PUD is
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CHANGE OF ZONE, PUDZ17-0006, FROM A (AGRICULTURAL) TO THE PUD (PLANNED UNIT
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located approximately 1/4 mile east of an existing PUD (Cattail Creek)
and accesses onto a paved road (County Road 31).
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, Article II, of the Weld County Code.
1) Section 27-2-40 states: "The applicant has chosen to adhere to the
bulk requirements of the E (Estate) Zone District for the three (3)
residential lots."
2) Section 27-2-190 states, in part: "Urban scale developments are
development is exceeding nine (9) lots and/or located in close
proximity to existing PUDs, subdivisions, municipal boundaries or
urban growth corridors and boundaries. All urban scale developments
shall pave the internal road systems of the development. Urban scale
development requires support services such as central water, sewer
systems, road networks, park and recreation facilities and programs,
and storm drainage."
3) Section 27-6-80.B.7 states, in part: "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." This is considered an urban scale PUD due
to the close proximity of an existing PUD (Cattail Creek).
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." This is
considered an urban scale PUD due to the close proximity of an
existing PUD (Cattail Creek). The boundary of Cattail Creek is
approximately 1/4 mile to the west of this proposed PUD. The
applicants are requesting a waiver of the 15% common open space
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requirement, based on the fact that the PUD is not located within the
boundary of an Intergovernmental Agreement (IGA) or a Regional
Urbanization Area (RUA) and due to the size and number of lots.
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 proposed PUD is within the three (3) mile referral areas of
the City of Greeley, and Towns of Eaton and Severance. It is not located within
a Cooperative Planning Agreement (CPA or IGA) boundary. The City of
Greeley and Town of Eaton indicated no conflicts in the referral responses
dated, October 27, 2017, and October 30, 2017. No referral response has
been received from the Town of Severance.
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, Article II, of the Weld County Code.
The proposed PUD is to be served by the North Weld County Water District
(NWCWD) and On -site Wastewater Treatment Systems (OWTS). The
Division of Water Resources, in the referral response dated, November 16,
2017, stated it considers NWCWD a reliable water source and has no
objections. The Weld County Department of Public Health and Environment,
in the referral response dated November 13, 2017, stated the application has
satisfied Chapter 27 of the Weld County Code regarding water service.
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 accesses onto County Road 31. County
Road 31 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.
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. An Improvements and Road
Maintenance Agreement will not be required at the Final Plan application.
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 any overlay district. The Colorado
Geological Survey reviewed the proposed PUD at sketch plan stage and the
referral response dated July 13, 2017, indicated no objection but attached the
following comment: "According to NRCS soil survey data, the site soils are
highly corrosive to uncoated steel. On lots where basements are planned and
groundwater levels are sufficiently deep to allow basement construction,
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epoxy -coated, plastic/composite or concrete basement window wells are
recommended, rather than the standard uncoated steel."
H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district, uses, and the specific development guide. The applicant is requesting
approval as a specific development guide with waivers requested from the
15% Common Open Space requirement, the one (1) internal road access and
pavement requirements, and animal unit requirements. The Board is
agreeable with the waiver requests and delegates authority to the Director of
Planning Services to administratively review the Final Plan, with direction that
the 15% Common Open Space is waived, an internal access road is not
required, the existing residential access will be retained and a new shared
access allowed for Lots 2 and 3, and the lots will be allowed to adhere to the
animal unit requirements of the A (Agricultural) Zone District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Joseph and Elaine Hoff, for Change of Zone,
PUDZ17-0006, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for three (3) lots with E (Estate) Zone District uses, 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 to include the following:
1) All pages of the plat shall be labeled PUDZ17-0006.
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 shall be shall be shown and dimensioned on
the Change of Zone plat.
4) County Road 31 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 the right-of-way. This road is maintained by Weld County.
5) Setbacks radiuses from existing oil and gas wells and tank batteries
shall be indicated, per Section 23-3-440.L of the Weld County Code.
E. 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, PUDZ17-0006, is from the (A) Agriculture Zone
District to the PUD (Planned Unit Development) Zone District with
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CHANGE OF ZONE, PUDZ17-0006, FROM A (AGRICULTURAL) TO THE PUD (PLANNED UNIT
DEVELOPMENT) WITH E (ESTATE) USES - JOSEPH AND ELAINE HOFF
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E (Estate) Zone uses, 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 Bulk Standards Requirement as delineated in Section 23-3-440,
of the Weld County Code, for the E (Estate) Zone District shall be
adhered to with exception of animal units. Animal units shall adhere to
the A (Agricultural) Zone District requirements as outlined in Chapter
23, Article III, Division I, and Section 23-1-90 of the Weld County Code.
3) No common open space is required to be delineated on the final plat.
4) Water service may be obtained from the North Weld County Water
District.
5) 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.
6) Activity or use on the surface of the ground over any part of the On -site
Wastewater Treatment Systems (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.
7) 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.
8) Two accesses for the PUD should be shown on the final plat: one
existing and one shared by Lots 2 and 3.
9) No Improvements Agreement shall be required at the time of Final
Plan.
10) The historical flow patterns and runoff amounts on the site will be
maintained.
11) The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code.
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12) 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.
13) 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.
14) 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.
15) 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.
16) 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 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
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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.
2. 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.
3. 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).
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of January, A.D., 2018.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
dititA) Jd
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APPR• D A -P
ounty Attorney
Date of signature: 0,2-12-18
Steve Moreno, Chair
Sean P. Conway
Julie A. Cozad
Mike Freeman
U1A-4
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