HomeMy WebLinkAbout20171066.tiffRESOLUTION
RE: AMEND PUD CHANGE OF ZONE, PUDZ17-0001, TO REPLAT TRACT D OF
HIGHLAND FARMS PUD (PZ-1045) TO CREATE ONE (1) ADDITIONAL RESIDENTIAL
LOT AND REDUCE OPEN SPACE ON TRACT D TO 8.054 ACRES - HIGHLAND
FARMS HOMEOWNERS ASSOCIATION
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 26th day of April, 2017, at 10:00 a.m., for
the purpose of hearing the application of Highland Farms Homeowners Association, do Chris
Crotzer, HOA President, 1244 Highland Place, Erie, Colorado 80516, to Amend Change of Zone,
PUDZ17-0001, to replat Tract D of Highland Farms Planned Unit Development (PZ-1045) to
create one (1) additional residential lot and reduce open space on Tract D to 8.054 acres, for a
parcel of land located on the following described real estate, to -wit:
Tract D of Highland Farms; being part of Section 5
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
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. Section 22-2-
120.C (R.Goal 3) of the Weld County Code 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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2017-1066
PL1743
AMEND CHANGE OF ZONE PUDZ17-0001 - HIGHLAND FARMS HOMEOWNERS
ASSOCIATION
PAGE 2
The proposed amendment is located in an existing nine (9) lot Planned Unit
Development (PUD). This site is located adjacent to a residential
subdivision (Highview Ranch) to the south. The proposed amendment will
create one additional residential lot compatible/similar to existing
residential lots in the area. Section 22-2-120.A (R.Goal 1) of the Weld
County Code states: "Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential
development or district." The proposed residential lot will be served by
public water (Left Hand Water District) and a septic system.
B. Section 27-6-120.D.5.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.
1) Section 27-2-40 - Bulk requirements — The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District, with
the exception that eight (8) of the existing lots are less than the
minimum lot size of 2.5 acres. The proposed residential lot (Lot 10)
meets the 2.5 -acre size requirement.
2) Section 27-2-190 - Urban scale developments are developments
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. The development
has an existing paved internal road system that provides access to
the existing lots in the PUD, along with proposed Lot 10.
3) Section 27-6-80.D.7 - 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 the Code. The applicant meets the common open space
requirement of 15%. Open space comprises over 40% of the PUD.
This total excludes Tracts A and B (future County Road 52 right-of-
way) as open space.
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 this Code or master plans of affected
municipalities. The PUD is located within the three (3) mile referral areas
of Dacono, Erie and Frederick. It is not located within a Cooperative
Planning Agreement area. The Town of Dacono and the Town of Erie, in
their referral responses dated January 30, 2017, indicated no conflicts with
their interests. No referral response have been received from the Town of
Frederick.
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AMEND CHANGE OF ZONE PUDZ17-0001 - HIGHLAND FARMS HOMEOWNERS
ASSOCIATION
PAGE 3
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 Chapter 27. Water will be provided
by the Left Hand Water District (which also serves the other existing lots in
the PUD). Sewer will be provided by individual on -site wastewater
treatment systems (OWTS). The application has satisfied Chapter 27 of the
Weld County Code in regard to sewer service.
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 proposed residential lots and the other existing lots in
the PUD utilize an existing paved access.
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, and a road improvements agreement is complete
and has been submitted, if applicable. No Improvements and Road
Maintenance Agreement is required with this PUD. The PUD accesses
onto State Highway.
G. Section 27-6-120.D.5.g - There has been compliance with the applicable
requirements contained in Chapter 23 of the 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. There is an
existing Surface Use Agreement with Encana. Crestone Peak Resources
has acquired Encana oil and gas assets in this area. Crestone Peak
requested setback dimensions from the existing oil and gas well on Tract D.
The applicant has provided this information to Crestone Peak Resources
and Crestone Peak indicated that they have no issues, per their e-mail
response dated March 7, 2017.
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 the Code have been adequately addressed. The
submitted Specific Development Guide accurately reflects the consistency
with the Performance Standards and allowed uses described in the
proposed zone district. The applicant is requesting that the Final Plan be
administratively reviewed. The Department of Planning Services is in
agreement with this request.
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AMEND CHANGE OF ZONE PUDZ17-0001 - HIGHLAND FARMS HOMEOWNERS
ASSOCIATION
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Highland Farms Homeowners Association, c/o Chris
Crotzer, HOA President, to Amend Change of Zone, PUDZ17-0001, to replat Tract D of Highland
Farms Planned Unit Development (PZ-1045) to create one (1) additional residential lot and reduce
open space on Tract D to 8.054 acres, 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 plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDZ17-0001.
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.
4) Show the approved Colorado Department of Transportation (CDOT)
access(es) on the site plan and label with the approved access permit
number, if applicable.
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) The Change of Zone from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District is for ten (10) lots with E (Estate)
Zone District Uses, except the lots sizes will be an average of 2.16 acres in
size and two horses will be allowed per lot, and three (3) non-residential
open space tracts, 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 open space tracts are non -buildable for residential structures or
structures providing habitable space.
3) No more than two (2) horses are permitted per lot.
4) The historical flow patterns and runoff amounts on the site will be
maintained.
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AMEND CHANGE OF ZONE PUDZ17-0001 - HIGHLAND FARMS HOMEOWNERS
ASSOCIATION
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5) Weld County is not responsible for the maintenance of offsite drainage
related features.
6) The property owner shall control noxious weeds on the site.
7) The access on the site shall be maintained to mitigate any impacts to the
public road, including damages and/or offsite tracking.
8) There shall be no parking or staging of vehicles on public roads. On -site
parking shall be utilized.
9) Water service may be obtained from the Left Hand Water District.
10) 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.
11) Activity or use on the surface of the ground over any part of the Onsite
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.
12) 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.
13) A Homeowner's Association shall be established prior to the sale of any lot,
and membership in the Association is mandatory for each parcel owner.
The Association is responsible for liability insurance, taxes and
maintenance of open space, streets, private utilities and other facilities.
Open space restrictions are permanent.
14) Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity.
15) All signs, including entrance signs, shall require building permits. Signs
shall adhere to Section 23-4-80 of the Weld County Code.
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AMEND CHANGE OF ZONE PUDZ17-0001 - HIGHLAND FARMS HOMEOWNERS
ASSOCIATION
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16) Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
17) Building permits shall be obtained prior to the construction of any building
or structure. Building permits are also required for signs and structures
such as bus shelters, if provided. Currently, the following have been
adopted by Weld County: 2012 International Codes, 2006 International
Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered
plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report
performed by a Colorado registered engineer shall be required or an Open
Hole Inspection.
18) 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.
19) 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.
20) 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.
21) 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.
22) The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
23) Internal road improvements have been completed for Highland Farms
PUD. No additional internal road improvements are required under this
amended PUD.
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AMEND CHANGE OF ZONE PUDZ17-0001 - HIGHLAND FARMS HOMEOWNERS
ASSOCIATION
PAGE 7
24) 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 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.
25) 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 person moving into these areas
must recognize the various impacts associated with this development.
Often times, 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.
26) 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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required.
3. The Change of Zone plat map shall be submitted to the Department of Planning Services'
for recording within 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.
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AMEND CHANGE OF ZONE PUDZ17-0001 - HIGHLAND FARMS HOMEOWNERS
ASSOCIATION
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of April, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL.RADO
Ju ie A. ozad, Chair
ATTEST: datiLev ..1.4O;41
Weld County Clerk to the Board
Steve Moreno, Pro -Tern
putt' Clerk to the Board
Sean P. Conway
AP''IV' DA
ttorney
Date of signature: 5/ ( t
arbara Kirkmeyer,
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