HomeMy WebLinkAbout20171135.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ16-0002, FROM THE A (AGRICUTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
NINE (9) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES ALONG WITH AN
AGRICUTURAL OUTLOT (TRACT A) THAT WILL BE NON -BUILDABLE FOR
RESIDENTIAL PURPOSES ALONG WITH COMMON OPEN SPACE - LAWRENCE
AND JACQUELYN BEBO
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 3rd day of May, 2017, at 10:00 a.m., for the
purpose of hearing the application of Lawrence and Jacquelyn Bebo, P.O. Box W, Berthoud,
Colorado 80513, requesting Change of Zone, PUDZ16-0002, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots with
E (Estate) Zone Uses, along with an Agricultural Outlot (Tract A) that will be non -buildable for
residential purposes along with common open space, for a parcel of land located on the following
described real estate, to -wit:
Lot A of Recorded Exemption, RECX17-0083,
located in part of the E1/2 SE1/4, along with the
NE1/4 SW1/4 and the W1/2 SE1/4 to the north line
of the Little Thompson River, all located in Section
19, Township 4 North, Range 68 West of the 6th
P.M., Weld County, Colorado
WHEREAS, the applicant was present and represented by Kent Bruxvoort, KBC
Engineers, 5214 Rose Court, Fort Collins, Colorado 80528, 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 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. Section 22-1-120.A
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(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 is to be served by the Little
Thompson Water District. Section 22-1-120.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 lots sizes
and proposed agricultural outlot are compatible with the surrounding area.
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. Section
27-2-40, Bulk requirements — The applicant has chosen to adhere to the
bulk requirements of the E (Estate) Zone District for the nine (9) residential
lots. The proposed lots will comply with the use and bulk standards of the
E (Estate) Zone District. The applicant is proposing that Tract A will adhere
to the Use (uses by right, accessory uses and uses by special review) and
bulk standard requirements of the A (Agricultural) Zone District. Section
27-6-80.B.7 states: "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." 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 PUD is considered urban scale (even though it is only nine (9) lots
given its proximity to the municipal boundaries of Berthoud and its location
1/4 mile from an existing 6 -Lot Markham View Estates PUD). Staff is
recommending that common open space be provided for the PUD, and
given the limited number of lots proposed (9), that a separate outlot be
designated as open space, but limit the total common open space to five
percent (5%) of the total site (6.2 acres).
The applicant revised their request at the Planning Commission to have at
least 6.2 acres of open space.
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C. Section 27-6-120.D.5.c - The uses which will 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 located within the three
(3) mile referral area of the Town of Berthoud and Mead. The property
borders the municipal limits of Mead to the north and southwest. It is also
located within the Weld County/Mead Cooperative Planning Agreement
boundary. No referral response has been received from either Berthoud or
Mead in regards to this application. The Town of Berthoud did respond to
the sketch plan application for this PUD and indicated that the PUD was
consistent with the Town of Berthoud Preferred Land Use Map (Low
Density Rural Residential). Staff reviewed the current Berthoud Preferred
Land Use Map and confirmed that the PUD property is still designated as
Low Density Rural Residential.
D. Section 27-6-120.D.5.d - The PUD Zone District will be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, the Weld County Code.
The Weld County Department of Public Health and Environment, in the
referral dated December 5, 2016, indicated the proposed PUD has satisfied
Chapter 27 in regards to sewer service. The proposed PUD will be serviced
by individual septic systems. The proposed PUD will be serviced by the
Little Thompson Water District. The County Attorney's Office determined
the water supply to be adequate after the applicant committed to provide
Handy Ditch shares to the Little Thompson Water District to meet the
requirement of the letter submitted May 31, 2016. The Division of Water
Resources, in the referral dated December 6, 2016, indicated the existing
exempt well, Permit #288016 on Tract A will either be plugged and
abandoned or must be included in an augmentation plan. The applicant
has agreed, in writing, to plug and abandon the existing exempt well on
Tract A.
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. County Road 3 is a gravel road and is designated on the
Weld County Road Classification Plan 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 right-of-way. This road is maintained by Weld County.
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 Agreement and Road Maintenance
Agreement is required prior to recording the Final map for this site. Road
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maintenance, including dust control, damage repair, and triggers for
improvements, will be included.
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. A portion of Tract A is located within the 100 -year floodplain.
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.
H. Section 27-6-120.D.5.h - The applicant is requesting that this PUD be
approved as a specific development. The applicant is requesting a waiver
from the 15% common open space requirement by providing the common
open space corridor and the non -buildable Agricultural Outlot. The Board
finds that the Agricultural Outlot meets the intent of the Common Open
Space requirement.. Staff is not in support of a complete waiver from the
15% common open space requirement and recommends at least 5% of the
site be designated as common open space. Review and approval of the
Final Plan is delegated to the Director of the Department of Planning
Services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that the application of Lawrence and Jacquelyn Bebo for Change of
Zone, PUDZ16-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for nine (9) residential lots with E (Estate) Zone Uses, along with an
Agricultural Outlot (Tract A) that will be non -buildable for residential purposes along with common
open space, 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 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. A complete Drainage Narrative is required.
C. The applicant shall attempt to address the requirements of the Colorado
Department of Transportation (CDOT) as stated in their referral dated
November 9, 2016.
D. RECX17-0083 plat shall be submitted for recording.
E. SUBX17-0014 plat shall be submitted for recording.
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F. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ16-0002.
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) County Road 3 is a paved road and is designated on the Weld
County Road Classification Plan 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 the of right-of-way. This road is maintained
by Weld County.
5) County Road 42.5 right-of-way (within the Town of Berthoud) shall
be delineated on the plat.
6) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
G. 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, PUDZ16-0002, is from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) with nine (9)
residential lots with E (Estate) Zone Uses, along with an Agricultural
outlot (Tract A) that will be non -buildable for residential purposes
along with Common Open Space, 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, for the E (Estate) Zone Districts shall be adhered to for
Lots 1-9.
3) The Bulk Standards requirement, as delineated in Section 23-3-50
for the Agricultural Zone District shall be adhered to, with the
exception of the 80 -acre lot size requirement, for the Agricutural
Outlot.
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4) Water service will be obtained from the Little Thompson 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) Language for the preservation and/or protection of the absorption
field shall be placed on the plat. The note shall state: "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."
7) 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.
8) If land development creates more than a 25 -acre contiguous
disturbance, or 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.
9) The historical flow patterns and runoff amounts on the site will be
maintained.
10) Weld County is not responsible for the maintenance of on -site
drainage related features.
11) 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.
12) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
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13) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
14) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway as
delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1670E, effective date
January 20, 2016 (Little Thompson River Floodplain). Any
development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains
in Colorado, and FEMA regulations and requirements as described
in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved
real estate, including, but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials.
15) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
16) 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.
17) 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.
18) The applicant shall comply with Section 27-8-50 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.
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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.
19) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
20) No development activity shall commence on the property, nor shall
any Building Permits be issued, until the Final Plan has been
approved and recorded. This does not apply to the existing
residence on the site.
21) 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.
22) 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.
H. 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
added for each additional three (3) month period.
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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 3rd day of May, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR • QO
ATTEST: 1:Q;'t 1 sd_; j.
Weld County Clerk to the Board
Date of signature: 5(11/1
Steve Moreno, Pro
Sean P. Conway
arbara Kirkmeyer
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