HomeMy WebLinkAbout20172994.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ17-0004, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
TWELVE (12) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES WITH
4.6 ACRES OF OPEN SPACE - 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 20th day of September, 2017, at 10:00 a.m.,
for the purpose of hearing the application of Union Farms Development, LLC, 16256 Waterside
Lane, Longmont, CO 80504, requesting Change of Zone, PUDZ17-0004, from the A (Agricultural)
Zone District to the PUD (Planned Unit Development) Zone District for twelve (12) residential lots
with E (Estate) Zone District Uses with 4.6 acres of open space, for a parcel of land located on
the following described real estate, to -wit:
Being 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 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.B.2.a - The proposal is consistent with any
Intergovernmental Agreement in effect, influencing the PUD and
Chapter 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
Town of Mead. The Town of Mead referral agency comments dated
June 13, 2017, stated "no comment".
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."
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The applicant is proposing a twelve (12) lot PUD with E (Estate)
Zone District uses and 4.6 acres of open space. The twelve (12)
residential lots vary in size from 0.99 acres to 1.10 acres.
2) Section 22-3-40.B (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 Longs Peak Water District and Individual
Sewage Disposal Systems will handle the effluent flow.
B. Section 27-6-120.B.2.b - 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, with
the following exception:
1) Sec. 27-2-40 - Bulk requirements. 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. (All other
performance standards applicable to a PUD Zone District may be
required to be as strict as the performance standards contained in
the zone district in which the use would usually be allowed.) The
twelve (12) residential lots vary in size from 0.99 acres to 1.10
acres.
C. Section 27-6-120.B.2.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 this Code or master plans of affected
municipalities. This PUD Change of Zone is located within the three (3) mile
referral areas of the Towns of Mead and Firestone, the City of Longmont,
and Boulder County. The proposed PUD is also located within the
Intergovernmental Agreement area for the Town of Mead. No referral
responses have been received from the Town of Firestone or Boulder
County. The Town of Mead's referral comments dated June 13, 2017,
stated no concerns. The City of Longmont's referral comments dated
June 20, 2017, requested that the application be referred to the St. Vrain
Sanitation District with a request for service. If this District can serve the
development, the City of Longmont suggests that the applicant consider
clustering the homes to preserve additional open space in this area. The
application was sent to the District for review and referral comments were
received July 6, 2017. The referral comments from the District recommend
that the applicant include the property in the District boundary and install a
sanitary sewer. The applicant provided a letter on August 29, 2017, stating
that they had a meeting with the District and the District agreed that it is far
too costly to bring sewer to the PUD. The Weld County Department of
Planning Services has received one letter of objection to this PUD. The
concerns outlined in the letter include a negative environmental impact to
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the area, the septic systems will be detrimental to the water table, and that
the drainage report should include the impact of the 12 septic systems and
their eventual flow. The letter also stated that there is no ditch on the south
side of the subject property, as mentioned in the Drainage Report, but there
is a ditch on the northern portion of the subject property (the Starbart Ditch)
and that the applicant should have the PUD formally approved by the board
and members of Starbart [Starbird] Ditch Company. The ditch company did
not respond with any referral agency comments. The Department of
Planning Services Engineer is reviewing the Drainage Report and is
requiring an updated drainage report. This updated report is required to
clarify the information about the location of the ditch(es). The site is
required to detain flows from the developed portion of the site and release
the flows at the historic (pre -development) rate.
D. Section 27-6-120.B.2.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 Weld County Department of Public Health and Environment referral
comments dated June 19, 2017, stated that the Longs Peak Water District
will provide water and septic systems will provide sewer. The minimum lot
size of one acre, coupled with an overall density of one septic system per
1.5 acres, does meet current Department policy. In an email dated July 14,
2017, the Assistant Weld County Attorney has approved the water source
of Longs Peak Water District. The application has satisfied Chapter 27 of
the Weld County Code in regard to water service. Individual On -site
Wastewater Treatment Systems (OWTS) will provide sewer for the lots and
a Soils Report dated August 25, 2016, from CDS Engineering Corporation
was included with this application. The report indicated an average
percolation rate of 100 minutes per inch, which would require engineer
designed systems. Groundwater was encountered at three (3) feet, which
may require mounded systems.
E. Section 27-6-120.B.2.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. During the review of the Sketch Plan (PUDK15-0004) CDOT
reviewed the access point. At that time two access points were requested.
CDOT stated that only one access point would be granted and the applicant
modified the plat to show only one access point onto State Highway 66. No
comments have been received from CDOT on this Change of Zone
(PUDZ17-0004).
F. Section 27-6-120.B.2.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. An
Improvements and Road Maintenance Agreement is required with this
PUD.
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G. Section 27-6-120.B.2.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 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. The Conditions of Approval request that the
applicant 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. The Colorado Geological Survey
(CGS) has reviewed the Preliminary Geotechnical Report submitted with
the Sketch Plan (PUDK15-0004) and stated that the site is not undermined,
does not contain steep slopes, and is located outside of any FEMA mapped
Flood Hazard Zones. The CGS report indicated that the site is not exposed
to any geologic hazards that would preclude the proposed subdivision and
appears to be suitable for the proposed residential use and density. The
report listed shallow ground water as a constraint and stated that due to
risk of water infiltration into below -grade spaces, damp/moldy conditions,
and hydrostatic loads on below -grade walls and floor, below -grade
construction (crawl spaces and basements of any depth) should not be
considered feasible on at least the southern portion of the site (proposed
Lots 3 through 7). The soil analysis also indicated that the site soils are
highly corrosive to steel and have slow percolations rates. The septic
system may need to be designed by an engineer, have shorter life spans,
and require more maintenance. A backup septic system location should be
identified on each lot.
H. Section 27-6-120.B.2.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 PUDK15-0004.
The submitted Development Guide accurately reflects the consistency with
the performance standards and allowed uses described in the proposed
zone district. The Change of Zone is approved as a Conceptual
Development Guide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Union Farms Development, LLC, for Change of Zone,
PUDZ17-0004, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for twelve (12) residential lots with E (Estate) Zone District Uses with 4.6 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 plat:
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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 plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDZ17-0004.
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 shown and dimensioned on the
Change of Zone plat.
C. 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, PUDZ17-0004, is from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for
twelve (12) residential lots with E (Estate) Zone District Uses with
4.6 acres of open space.
2) The Bulk Standards Requirement, as delineated in
Section 23-3-440 of the Weld County Code, for E (Estate) Zone
District, shall be adhered to with the exception that the lots that will
not meet the 2.5 -acre minimum lot size requirement.
3) The sign requirements delineated in Chapter 23, Article IV,
Division 2 and Appendices 23-C and 23-D, shall be adhered to.
4) The Open Space lots are non -buildable for residential structures or
structures providing habitable space.
5) 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.
6) The historical flow patterns and runoff amounts on the site will be
maintained.
7) Weld County is not responsible for the maintenance of on -site
drainage related features.
8) Water service shall be obtained from the Longs Peak Water District.
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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.
10) 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.
11) 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.
12) If land development 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.
13) 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.
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 Conditions of Approval stated herein and
all applicable Weld County regulations.
15) 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 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
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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.
16) 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.
17) 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.
D. The Change of Zone plat map shall be submitted to the Department of
Planning Services for recording within three (3) years of approval by the
Board 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.
2. The Final Plat application shall include the following:
A. The applicant shall provide a Final Drainage Report and Release Rate
Variance Request stamped and signed by a Professional Engineer
registered in the State of Colorado.
B. The Final Plat shall include an approved CDOT access permit.
C. A Draft On -Site and Off -Site Improvements Agreement.
D. The applicant shall provide documentation of any necessary easements or
agreements to convey drainage.
3. The Final Plat shall be reviewed by the Board of County Commissioners at a public
hearing.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of September, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAQO
ATTEST: doh& xido;�
Weld County Clerk to the Board
BY:
Qt9
putt' Clerk to the Board
arbara Kirkmeyer
APP' : V i AS TO
ounty Attorney
Date of signature: (O ( Rol t 7
Julie A. Cozad, Chair
`"err
Steve Moreno, Pro-Tem
�V•
Sean P. Conway
ike Freeman
2017-2994
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