HomeMy WebLinkAbout20161971.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ16-0001, TO REZONE LOT 5 OF GANDER VALLEY
PUD FROM PLANNED UNIT DEVELOPMENT WITH A (AGRICULTURAL) ZONE
DISTRICT USES TO PLANNED UNIT DEVELOPMENT WITH E (ESTATE) ZONE
DISTRICT USES, ALONG WITH 6.09 ACRES OF OPEN SPACE - GANDER VALLEY
FARMS, LTD.
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 6th day of July. 2016, at 10:00 a.m., for the
purpose of hearing the application of Gander Valley Farms, LTD. 8897 Gander Valley Lane,
Windsor, CO 80550-2621, requesting a Change of Zone, PUDZ16-0001, to Rezone Lot 5 of
Gander Valley PUD from Planned Unit Development with A (Agricultural) Zone District Uses to
Planned Unit Development with E (Estate) Zone District Uses. along with 6.09 acres of open
space. for a parcel of land located on the following described real estate, to -wit:
Lot 5 of Gander Valley PUD: being pad of Section 4,
Township 6 North, Range 67 West of the 6th P.M.,
Weld County. Colorado
WHEREAS, the applicant was present and represented by Jeff Couch, 3468 Shallow
Pond Drive. Fort Collins. CO 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 as follows:
A. Section 27-6-120.B.2.a - The proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and
Chapters 19. 22, 23, 24 and 26 of the Weld County Code.
1) 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. "The applicant is proposing a 10 -lot PUD on
40.46 acres. with 6.09 acres of open space. Lots vary in size from
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2.67 acres to 3.52 acres. The site is currently zoned PUD with
agricultural uses. This subject property is Lot 5 of Gander Valley
PUD (approved in 1997). The adjacent land has similar uses
including rural residential lots and agricultural land.
Section 27-6-120.B.2.b - The uses which would be allowed in the proposed
PUD will conform with the performance standards of the PUD Zone District
contained in Article II of this Chapter. The proposed PUD conforms with the
performance standards as outlined in Chapter 27, Article II, Section 20
through Section 210.
1) Section 27-2-20 - Access standards. All PUD developments will be
served by an internally paved road system according to County
standards. There is an approved access point onto County
Road (CR) 72. The application materials indicate the internal road
system will be paved.
2) Section 27-2-30 - Buffering and screening. Uses, buildings or
structures within and adjacent to a PUD Zone District shall be
adequately buffered and screened to make their appearance and
operation harmonious with the surrounding uses.
3) Section 27-2-35 - Buffer zone or area. A buffer zone is an area used
as a protection zone between two (2) land uses of different intensity
and compatibility. A buffer zone or buffer area is also referred to as
a transition zone. The application materials propose ten (10)
residential lots and 6.09 acres of open space. The adjacent lands
are large lot rural residential parcels. The development of this
residential subdivision is consistent with the adjacent land uses. No
buffering is required
4) Section 27-2-40 - Bulk requirements. The normal bulk requirements
for minimum setback, offset, lot size. and lot area per structure, as
well as, maximum height of buildings and lot coverage may be
varied as specified in a PUD final plan. The application materials
propose ten (10) residential lots with E (Estate) Zone District uses
The application is proposing that the development be consistent
with the bulk requirements of the E (Estate) Zone District.
5) 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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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. The application materials propose 6.09
acres of Common open space for development uses.
6) Section 27-2-70 - Compatibility. The density. design and location of
land uses within and adjoining a PUD shall be designed to be
compatible with other uses within and adjoining the PUD.
Compatible uses shall be determined by evaluating the general
uses, building height. setback, offset, size, density. traffic. dust,
noise, harmony, character, common open space, screening, health,
safety and welfare of the PUD in relation to surrounding uses. The
proposed residential subdivision creates lots that vary in size from
2.67 acres to 3.52 acres. This lot size is consistent with the existing
four (4) lots of the Gander Valley PUD adjacent to the north
(approved in 1997) and Shiloh Estates PUD adjacent to the west
(approved in 1994).
7) Section 27-2-190 - Urban scale development. 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. Urban scale development requires support services
such as central water, sewer systems. road networks. park and
recreation facilities and programs. and storm drainage. This
definition does not affect or apply to those Coordinated Planning
Agreements between the County and municipalities which are in
effect as of May 14, 2001. The application materials propose
ten (10) residential lots with E (Estate) Zone District uses. The
application materials indicate that the internal road system will be
paved.
8) Section 27-2-200 - Uses. Uses within a PUD Zone District shall be
described by filings. phases, blocks and lots within a PUD. This
description shall give a clear indication of the type of use to take
place and a description of the type of buildings and structures to be
associated with those uses. This description shall be in adequate
detail to determine density, common open space. major vehicle and
pedestrian circulation. water and sewer facilities. the buffering or
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screening of the use and the time frame for construction of the use.
All commercial and industrial lots in a PUD shall undergo a site plan
review process, as defined in Chapter 23, Article II, Division 3 of the
Weld County Code. The ten (10) -lot PUD is for residential uses only
and this residential use is consistent with the existing four (4) lots
of the Gander Valley PUD adjacent to the north (approved in 1997)
and Shiloh Estates PUD adjacent to the west (approved in 1994).
Section 27-6-120.B.2.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. This PUD Change of Zone is located within the three (3) mile
referral areas of Larimer County. the Town of Windsor. and the Town of
Severance. The proposed PUD is also located within the Intergovernmental
Agreement areas for the Towns of Windsor and Severance. No referral
responses have been received from the Town of Windsor or Larimer
County. The Town of Severance's referral comments dated April 18, 2016,
stated no concerns.
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. Septic systems will provide
sewer for the lots and the average lot size of 3.2 acres coupled with an
overall density of one (1) septic system per four (4) acres meets current
Department of Public Health and Environment policy. Individual taps from
the North Weld County Water District will provide water. The application
has satisfied Chapter 27 of the Weld County Code, in regard to water
service. The Assistant Weld County Attorney has approved the water
source from the North Weld County Water District. The application has
satisfied Chapter 27 of the Weld County Code. in regard to sewer service.
Sewer will be provided by individual On -site Wastewater Treatment
Systems (OWTS). A preliminary subsurface exploration report from Earth
Engineering Consultants. LLC. dated September 25, 2015, was submitted
with the sketch plan. Soil and percolation testing completed by Earth
Engineering Consultants. LLC, indicate that the site is suitable for the
construction of OWTS. The average percolation rate was below 20 mpi.
According to the report areas of expansive clays and shallow bedrock
likely exist on the parcel. A thorough geotechnical investigation should be
conducted at each proposed building site to identify if these conditions
exist.
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. There is an approved access point onto County Road 72.
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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. Prior to
recording the Final Plat, the applicant needs to enter into an Improvements
and Road Maintenance Agreement for the on -site and off -site work to be
done. The Improvements will include triggers for on -site and off -site
roadway upgrades and auxiliary lanes. Collateral needs to be submitted to,
and accepted by, the Weld County Board of County Commissioners prior
to recording of the plat.
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 Colorado Geological Survey has reviewed the Preliminary
Geotechnical Report submitted with the Sketch Plan and indicated that a
site -specific geotechnical investigation will be required to address
concerns. The geotechnical investigation will consist of drilling. sampling,
lab testing, and analysis include, but are not necessarily limited to: 1) the
presence of swelling soils and expansive claystone bedrock, 2) collapsible
soils, and 3) shallow groundwater. The proposed PUD is not located within
the Airport Overlay District, a Geological Hazard Area. or a Special Flood
Hazard Area.
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 the Sketch Plan. Comments provided pursuant to
Section 27-4-40 of the Weld County Code, have been adequately
addressed. The Sketch Plan for this PUD was reviewed under case
number. PUDK15-0003. The proposal has been updated to include 15% of
usable open space and the water and sewer provisions have been
reviewed and approved by the Assistant County Attorney and the
Department of Public Health and Environment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County. Colorado, that the application of Gander Valley Farms, LTD, for a Change of Zone,
PUDZ16-0001. to Rezone Lot 5 of Gander Valley PUD from Planned Unit Development with
A (Agricultural) Zone District Uses to Planned Unit Development with E (Estate) Zone District
Uses. along with 6.09 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:
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.
The plat shall be amended to include the following:
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1) All sheets of the plat shall be labeled PUDZ16-0001.
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) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area' and shall include the
calculated volume.
5) County Road 72 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
the future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by
Weld County.
6) County Road 19 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the future and existing right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road is
maintained by Weld County.
7) Show and label the approved access point (AP15-00590).
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, PUDZ16-0001, is from Planned Unit
Development with A (Agricultural) Zone District Uses to Planned
Unit Development with E (Estate) Zone District Uses for ten (10)
residential lots and 6.09 acres of open space.
2) The Open Space Lots are non -buildable for residential structures or
structures providing habitable space.
3) The historical flow patterns and runoff amounts on the site will be
maintained.
4) Weld County is not responsible for the maintenance of on -site
drainage related features.
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5) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Article I and II,
of the Weld County Code.
6) The access to the site shall be maintained to mitigate any impacts
to the public road including damages and/or off -site tracking.
7) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
8) Water service may be obtained from the North Weld County Water
District.
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) 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."
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 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.
13) A Homeowners' Association (HOA) shall be established prior to the
sale of any lot. Membership in the HOA is mandatory for each
parcel owner.
14) All signs, including entrance signs, shall require Building Permits.
Signs shall adhere to the approved Sign Plan.
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15) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
16) No development activity shall commence on the property, nor shall
any building permits be issue, until the Final Plan has been
approved and recorded.
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 of the 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.
19) 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.
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. At the time of Final Plan submission:
A. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations, and dimensioned on the final plat.
Easements shall follow rear and side lot lines and shall have minimum total
width of twenty (20) feet apportioned equally on abutting properties.
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Where front line easements are required, a minimum of fifteen (15) feet
shall be allocated as a utility easement.
A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
The above and foregoing Resolution was, on motion duly made and seconded. adopted
by the following vote on the 6th day of July. A.D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ws.iit(44) c . j,&0;eA,
Weld County Clerk to the Board
ou y Attorney
Date of signature: 71 a1/ ≥tC
Mike Freeman. Chair
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arbara Kirkmeyer
Steve Moreno
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