HomeMy WebLinkAbout20173258.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ17-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
FOUR (4) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES - RICHARD
HEIN
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 4th day of October, 2017, at 10:00 a.m., for
the purpose of hearing the application of Richard Hein, P.O. Box 649, Fort Lupton, CO 80621,
requesting a Change of Zone, PUDZ17-0003, from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District for four (4) 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 Recorded Exemption, RE -4884; being part
of the E1/2 NE1/4 of Section 5, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present and represented by Sheri Lockman, Lockman Land
Consulting, LLC, 36509 CR 41, Eaton, CO 80615, 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 (Mixed Use Development) 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 (Central Weld County
Water District) and On -site Wastewater Treatment Systems
(OWTS).
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2) 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 proposed PUD is located between two Town of Firestone
subdivision developments: McHale Subdivision to the west and
Homestead at Firestone to the east and is adjacent to residences
on recorded exemption lots immediately adjacent to the west, north
and south. The property is located within the Firestone/Weld County
Cooperative Planning Agreement area (CPA) and the property is
designated as Residential Low (which allows single-family
residential land uses) as delineated in the Town of Firestone Master
Plan.
3) Section 22-1-120. F.1 (R.Policy 6.1) states: "Internal roadways that
are rural in character, and yet adequately serve the intensity of the
development, are encouraged."The proposed PUD is located near
an urbanizing area in that it is adjacent to rural residential parcels
and within a mile of two subdivisions in the Town of Firestone. The
Town of Firestone engineer stated that Zinnia Avenue is currently
not paved and the Town currently has no plans to pave this road.
The Town does not object to the private internal development road
being a gravel roadway as stated in an electronic mail dated
December 6, 2016. The applicant seeks to utilize gravel roads
having gravel shoulders (no sidewalks) for this four (4) parcel
residential development. The Board agrees to grant a waiver of
Section 27-2-20 requiring the internal road to be paved.
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 Bulk requirements - The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District for
the four (4) residential lots, with the exception that not all parcels
meet the 2.5 -acre minimum lot size requirement. The Board agrees
to grant a waiver of Section 23-3-440 requiring the minimum lot size
of two and one-half (2.5) acres.
2) Section 27-2-60 Common Open Space - "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
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CHANGE OF ZONE (PUDZ17-0003) — RICHARD HEIN
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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. 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." The Board agrees to a waiver from the
15% common open space allocation requirement due to the number
of parcels and large lot sizes and location of the proposed PUD.
The two existing subdivisions within the Town of Firestone,
Homestead at Firestone to the east is a planned unit development
for 581 residences and three undefined open space parks and to
the west is the proposed 69 -acre McHale subdivision with 18.7
acres of open space. Given the proximity to the two subdivisions
and location with the Firestone IGA boundary.
3) Section 27-2-190 defines urban scale development as
developments in close proximity to existing PUDs, subdivisions,
municipal boundaries or urban growth corridors and boundaries. As
previously stated, there are two subdivisions within the Town of
Firestone in close proximity to this proposed development, and
access onto a publicly maintained road is under the jurisdiction of
the Town. 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.
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 site is located within the
three (3) mile referral areas of the Towns of Frederick, Firestone and Mead.
The site is also located within the Cooperative Planning Agreement
boundaries between Firestone and Weld County, and Mead and Weld
County. The Towns of Frederick and Mead indicated no conflict with their
interests in the referral responses dated May 9, 2017, and June 13, 2017,
respectively. The Town of Firestone in the referral response dated June 20,
2017, requested additional right-of-way be dedicated for Zinnia Avenue
(County Road 26), and an access permit for access onto the same road
and modifications to site engineering. No correspondence or telephone
calls have been received from any surrounding property owners or
interested persons.
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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 Chapter 27, Article II, of the Weld County Code.
The Weld County Department of Public Health and Environment, in the
referral response dated May 23, 2017, indicated the application has
satisfied Chapter 27 of the Weld County Code in regards to water service.
The Assistant Weld County Attorney has approved the water source of
Central Weld County Water District. A "will serve" letter from the District,
dated February 26, 2016, was included in the application. The application
has satisfied Chapter 27 of the Weld County Code regarding sewer service.
Individual On -site Wastewater Treatment Systems (OWTS) will provide
sewer for the lots and a Soils Report, dated March, 2017, from Mark Taylor,
was included with this application. Two profile pits were completed, which
indicated three soil types for each pit. Engineered designed systems may
be required due to clay and sandy loam soils. Groundwater features were
observed greater than five feet. The Environmental Impact Plan (Section
27-6-30) adequately addresses all environmental impacts.
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. Ingalls Street (County Road 17) and Zinnia
Avenue (County Road 26) are owned and maintained by the Town of
Firestone. The municipality has jurisdiction over all accesses within their
jurisdiction. The Town is requesting an additional twenty (20) feet of
right-of-way be dedicated on both Ingalls Street (County Road 17) and
Zinnia Avenue (County Road 26) for the applicant to obtain an access
permit onto Town of Firestone roads.
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 is required prior to recording the
Final map for this site. Road maintenance, including dust control, damage
repair, and triggers for improvements will be included for the internal
development road.
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 property is not within the Geologic Hazard Overlay District,
a Special Flood Hazard Area, or the Airport Overlay District. A referral
response was received from the Colorado Geological Survey dated June 5,
2017, indicating that construction of foundations and basements will follow
the recommendations made in the geotechnical reports, and at time of
construction, lot -specific geotechnical investigations will be completed.
The Colorado Geological Survey has no objection to the four (4) lot
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residential subdivision as proposed. Building Permits issued on the lot will
be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s), uses, the specific or conceptual development guide. The
applicant is requesting that this PUD be approved as a Specific
Development Plan, versus a Conceptual Development Plan. The Board
agrees to grant a waiver from the 15% common open space requirement;
the 2.5 -acre minimum lot size, and of pavement for the internal road. The
Board approves the waiver requests due to supportive correspondence
from the Town of Firestone. This Change of Zone is approved as a Specific
Development Plan and the Board delegates authority be reviewed
administratively at the final plat stage, 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 Richard Hein, for Change of Zone, PUDZ17-0003, from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for four (4)
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 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. The applicant shall attempt to address the requirements (concerns) of the
Town of Firestone, as stated in the referral response dated June 20, 2017.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall attempt to address the requirements (concerns) of
Mountain View Fire and Rescue, as stated in the referral response dated
May 19, 2017. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. The Change of Zone plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDZ17-0003.
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 existing recorded easements shall be shown and dimensioned
on the Change of Zone plat.
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4) Show the approved Town of Firestone access on the site plan and
label with the approved access permit number, if applicable.
5) Zinnia Avenue (County Road 26) is owned and maintained by the
Town of Firestone. The applicant shall contact the Town to verify
the existing and proposed rights -of -way.
6) Ingalls Street (County Road 17) is owned and maintained by the
Town of Firestone. The applicant shall contact the Town to verify
the existing and proposed rights -of -way.
7) Setback radii from existing oil and gas wells and tank batteries shall
be indicated.
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, PUDZ17-0003, is from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District for
four (4) residential lots with E (Estate) Zone District uses 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 District shall be adhered
to, with the exception of the lots that will not meet the 2.5 -acre
minimum lot size requirement.
3) Water service may be obtained from the Central Weld County
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
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.
6) 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
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County Environmental Health Services, a Fugitive Dust Control
Plan must be submitted.
7) The historical flow patterns and runoff amounts on the site will be
maintained.
8) Weld County is not responsible for the maintenance of on -site
drainage related features.
9) At the time of Final Plat the drainage features shall be delineated
as a separate parcel and maintained by the Silver Mountain Estates
HOA.
10) Lupton Meadows shall have the ability to operate and maintain the
ditch with no encroachment allowed within the Prescriptive
Easement.
11) The property owner 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 interior gravel roadway will be maintained by the Silver
Mountain Estates HOA.
13) A Homeowner's Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
owner.
14) Intersection sight distance triangles at the development entrance
will be required.
15) All signs shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
16) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code and requirements of the service providers.
17) No grading permits will be issued for this project without submission
and Weld County approval of erosion control and sediment control
plans prepared, stamped and signed by a professional engineer
licensed to practice in Colorado. The applicant is notified that land
disturbance on one portion of this site may require construction of
temporary or permanent erosion control and sediment control Best
Management Practices on other portions of the site.
18) Building permits shall be obtained prior to grading or the
construction of any building or structure. Building permits are also
required for signs and structures, such as bus shelters, if provided.
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19) A plan review is required for each building for which a building
permit is required. Plans shall include a floor plan. Two complete
sets of plans are required when applying for each permit.
Commercial building plans require a Code Analysis Data Sheet,
provided by the Department of Building Inspection. Residential
building plans may be required to bear the wet stamp of a Colorado
registered architect or engineer.
20) New buildings shall conform to the requirements of the various
codes adopted at the time of permit application. 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 registered architect or engineer must be submitted for
review.
21) Each residential building will require an engineered foundation
based on a site -specific geo-technical report or an "open hole"
inspection conducted by a Colorado Registered Professional
Engineer. Engineered foundations shall be designed by a Colorado
Professional Engineer registered in the State of Colorado.
22) Fire resistance of walls and openings, construction requirements,
maximum building height and allowable areas will be reviewed at
the plan review. Setback and offset distances shall be determined
by the Weld County Code.
23) Building height shall be measured in accordance with the 2012
International Building Code for the purpose of determining the
maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk
requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the
Weld County Code to determine compliance with offset and setback
requirements. Offset and setbacks are measured from the farthest
projection from the building. Property lines shall be clearly identified
and all property pins shall be staked prior to the first site inspection.
24) 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.
25) 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
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property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County
regulations.
26) The site shall maintain compliance at all times with the
requirements of the Weld County Departments of Public Works,
Public Health and Environment, and Planning Services, and
adopted Weld County Code and policies.
27) 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.
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.
28) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
29) No development activity shall commence on the property, nor shall
any building permits be issued, until the Final Plan has been
approved and recorded.
30) 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
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geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
31) 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. 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 format is
a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system
(i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps(a�co.weld. co. us.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 2017.
ATTEST: dithiv •�,
Weld County Clerk to the Board
BY: c
puty Clerk to the Board
APPRVED AS
ounty Attorney
Date of signature: 1O11(0 111
t 7
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR1pO
ozad, Chair
EXCUSED
Steve Moreno, Pro -Tern
Sean P. Conway
a Freeman
Barbara Kirkme
`�
ye
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