HomeMy WebLinkAbout20170775.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ16-0005, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
THREE (3) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES - WAYNE
HOWARD AND SHARYN FRAZER
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 29th day of March, 2017, at 10:00 a.m., for
the purpose of hearing the application of Wayne Howard and Sharyn Frazer, 6450 CR 52.25
Johnstown, Colorado 80534, requesting a Change of Zone, PUDZ16-0005, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for three (3)
Residential Lots with E (Estate) Zone District Uses, for a parcel of land located on the following
described real estate, to -wit:
Lot B of Amended Recorded Exemption,
AMRE-3702; being part of the SE1/4 SW1/4 of
Section 30, Township 5 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicants were 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.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. The site is located within
the Coordinated Planning Agreement area for the Towns of Windsor and
Milliken. Neither the Town of Windsor nor the Town of Milliken responded
with any referral agency comments.
1) Section 22-2-120.C (R.Goal 3) of the Weld County Code states:
"Consider the compatibility with surrounding land uses, natural site
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features, nearby municipalities' comprehensive plans and general
residential growth trends when evaluating new residential
development proposals." The applicant is proposing a three (3) lot
PUD with E (Estate) zone uses. Lots vary in size from 2.95 acres to
9.3 acres. The proposed Planned Unit Development is considered
nonurban scale because there are only three (3) lots proposed. The
application materials include a waiver request for the internal
roadway based on the location of the wetlands and the location and
size of the lots.
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 Little Thompson Water District and Individual
Sewage Disposal Systems will handle the effluent flow.
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, Section 27-2-20 through
Section 27-2-220 of the Weld County Code. With the following exception:
1) Section 27-2-20 - Access standards state that all PUD
developments will be served by an internally paved road system
according to County standards. There are three (3) approved
accesses into the site: two off of CR 52.25 and one off of CR 52.
The access to Lot 1 (existing residence) is proposed to be off of
CR 52.25 and the access to Lots 2 and 3 are proposed to be a
shared access off of CR 52.25 about 530 feet east of the access to
Lot 1. The Board of County Commissioners approved the
applicant's waiver request; therefore, no internal road system is
required.
2) Section 27-2-40 - Bulk requirements — The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District.
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 this Code or master plans of affected
municipalities. This PUD Change of Zone is located within the three (3) mile
referral area of Larimer County, the Towns of Windsor, Milliken, and
Johnstown, and the City of Greeley. The proposed PUD is also located
within the Intergovernmental Agreement areas for the Towns of Windsor
and Milliken. No referral responses have been received from the Towns
of Windsor or Milliken, the City of Greeley or Larimer County. The Town of
Johnstown's referral comments, dated January 6, 2017, stated no
concerns.
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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. The Weld County
Environmental Health Department, in the referral dated January 18, 2017,
stated that the Little Thompson Water District will provide water and septic
systems will provide sewer. The minimum lot size of 2.5+ acres coupled
with an overall density of one septic system per 6 acres meets the current
Department policy. In an email dated October 12, 2016, the Assistant Weld
County Attorney has approved the water source of Little Thompson Water
District. The application has satisfied Chapter 27 of the Weld County Code
in regard to water service. 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. The
existing residence (Lot 1) has a septic system that was permitted in 2004,
(SP -0400279). The septic permit indicates a percolation rate of 18 and no
limiting layers within 8 feet of surface grade. Based upon the previous
percolation rate, standard septic systems should be acceptable.
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. As stated above under item B. There are three (3) approved
accesses into the site two off of CR 52.25 and one off of CR 52. The access
to Lot 1 (existing residence) is proposed to be off of CR 52.25 and the
access to Lots 2 and 3 are proposed to be a shared access off of CR 52.25
about 530 feet east of the access to Lot 1. The applicant has requested a
waiver from Section 27-2-20 - Access standards, Section 24-7-20.A.1
Street Plan, and Section 24-7-20.A.6 Driveways, of the Weld County Code.
The subdivision is proposed to be developed with no internal roads and,
therefore, the driveways would connect directly to CR 52.25 instead of an
internal road. The application materials state that the proposed
development has a natural wetland that separates Lot 3 from Lots 1 and 2.
The applicant has received approval from the Army Corps of Engineers to
cross the wetland on the east side of the development. The east side is the
shortest distance to cross wetland and will minimized the impacts to the
wetland. The access to Lot 3 will need to be constructed along the eastern
property line due to the location of the wetland and the approved crossing.
It is proposed that Lots 2 and 3 will have a shared access so as not to add
any additional access points on CR 52.25. The Board of County
Commissioners approved this waiver request, as stated above, and no
internal subdivision road system will be required.
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, as amended, and a road improvements
agreement is complete and has been submitted, if applicable. No
Improvements and Road Maintenance Agreement is required with this
PUD.
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G. Section 27-6-120.D.5.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. According to the application materials, the applicants own the mineral
rights on the property. There is an oil and gas lease between the property
owners and Kerr-McGee Oil and Gas Onshore, LP, dated December 16,
2015. The Colorado Geological Survey has reviewed the Preliminary
Geotechnical Report submitted with the Sketch Plan (PUDK16-0003) and
stated comments concerning the stream setback on Lots 2 and 3, and the
shallow groundwater on Lot 1. The report concludes by stating that
lot -specific geotechnical investigations, consisting of drilling, sampling, lab
testing and analysis, will be needed once building locations have been
identified on proposed Lots 2 and 3, at the building permit phase of
development, to: characterize soil and bedrock engineering properties
such as density, strength, swell/consolidation potential and bearing
capacity; determine depths to groundwater and bedrock; determine
subgrade preparation and structural fill requirements; and design individual
foundations, floor systems, and subsurface drainage. Proper grading and
surface drainage are critical to reducing potential sources of infiltration into
soils surrounding foundations and pavements and reducing the risks of
poor foundation performance and structural damage due to fluctuating
water content. The proposed PUD is not located within the Airport Overlay
District, a Geological Hazard Area, or a Special Flood Hazard Area.
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 Chapter 27 have been adequately addressed. The Sketch Plan
for this PUD was reviewed under case number PUDK16-0003. 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. This approval recommendation is based upon
compliance with Chapter 27 requirements.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Wayne Howard and Sharyn Frazer fora Change of Zone,
PUDZ16-0005, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for three (3) Residential 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 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.
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B. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDZ16-0005.
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) The applicant shall show the drainage flow arrows.
5) County Road 52.25 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained
by Weld County.
6) Show and label the approved accesses (AP16-00452) and the
appropriate turning radii on the site plan.
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 is from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) with E (Estate) Zone District
Uses for three (3) residential lots.
2) The historical flow patterns and runoff amounts on the site will be
maintained.
3) Water service may be obtained from the Little Thompson Water
District.
4) 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.
5) Activity or use on the surface of the ground over any part of the
On -Site Waste Water 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
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to structural loading detrimental to the structural integrity or
capability of the component to function as designed.
6) 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.
7) 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.
8) 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.
9) 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.
F. The Change of Zone plat map shall be submitted to the Department of
Planning Services' for recording within 120 days 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of March, A.D., 2017.
ATTEST: datdf44) v• •ok,
Weld County Clerk to the Board
BY:
APP
ounty A ttorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
arbara Kirkmeyer
Date of signature: Li/It3/I' 1
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