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Home My WebLink About20143735.tiff RESOLUTION RE: GRANT CHANGE OF ZONE, PUDZ14-0003, FOR A MINOR AMENDMENT TO PZ-1079 TO REMOVE BUILDING ENVELOPES ON LOTS 1-5 OF MEADOWS ESTATES PUD CHANGE OF ZONE PLAT (BEING PROCESSED IN CONJUNCTION WITH PUDF14-0014) - SCHRAGE LIVING TRUST AND LORI AND COLIN LEGGE 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 10th day of December, 2014, at 10:00 a.m., for the purpose of hearing the application of Schrage Living Trust, 23505 CR 3, Loveland, CO 80537, and Lori and Colin Legge, 866 State Hwy 60, Loveland, CO 80537, for Change of Zone, PUDZ14-0003, for a Minor Amendment to PZ-1079, to remove building envelopes on Lots 1-5 of Meadow Estates PUD Change of Zone Plat, (being processed in conjunction with PUDF14-0014), for a parcel of land located on the following described real estate, to-wit: Lots 1, 2, 3, 4 and 5 of Meadow Estates PUD; being part of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Dennis Messner, 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.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 requested Planned Unit Development (PUD) Amendment will be modifying an already approved PUD Change of Zone to remove 2014-3735 PL1979 CC'. Cr; APpL t2lz4 - COLIN CHANGE OF ZONE (PUDZ14-0003) SCHRAGE LIVING TRUST AND LORI AND LEGGE PAGE 2 building envelopes. Building envelopes were not required as a Condition of Approval for PZ-1079 and will not affect the compatibility with existing surrounding land uses. B. Section 27-6-120.D.5.b - The Uses which will 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. Removal of building envelopes will not change the Uses allowed under the original PUD. C. Section 27-6-120.D.5.c - The Uses which will be permitted will 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 Change of Zone Amendment is located within the three (3) mile referral areas of the Towns of Berthoud and Johnstown and Larimer County. No referral response has been received from Berthoud, Johnstown or Larimer County. 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 existing "The Meadow Estates PUD" is approved to be served by the Little Thompson Water District and by Individual Sewage Disposal Systems. 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. The approved PUD has an approved access onto State Highway 60. F. Section 27-6-120.D.5.f- In compliance with Chapter 24 of the Weld County Code, an Improvements Agreement and Collateral was accepted by the Board of County Commissioners on July 13, 2014, for Internal Roadway Improvements for The Meadow Estates PUD. 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 original Change of Zone application demonstrated compliance with overlay districts, commercial mineral deposits, and soil conditions. The applicant addressed comments pertaining to an existing oil and gas interest on the site and comments from the Colorado Geological Survey during the original Change of Zone application process. This proposed PUD amendment does not impact or change any of these comments that were received during the original application. 2014-3735 PL1979 CHANGE OF ZONE (PUDZ14-0003) - SCHRAGE LIVING TRUST AND LORI AND COLIN LEGGE PAGE 3 H. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone District, Uses, and the specific development guide. The removal of building envelopes does not change the specific development guide that was submitted with the original Change of Zone application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Schrage Living Trust and Lori and Colin Legge for Change of Zone, PUDZ14-0003, requesting a Minor Amendment to PZ-1079, to remove building envelopes on Lots 1-5 of Meadow Estates PUD Change of Zone Plat, (being processed in conjunction with PUDF14-0014), 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 plat shall be amended to include the following: 1) All pages of the plat shall be labeled PUDZ14-0003. 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 recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. 4) The applicant shall show the approved CDOT access on the plat and label with access permit number if applicable. 5) The applicant shall note on the plat the documents that created the internal road rights-of-way. B. 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 Planned Unit Development with E (Estate) Zone uses for five (5) residential lots and 7.7 acres of A (Agricultural) common open space (The Meadow Estates PUD). 2. The purpose of this minor amendment is to remove building envelopes from Lots 1-5 of The Meadow Estates PUD. 3. No habitable structures shall be allowed on the Common Open Space. 4. Water service shall be obtained from the Little Thompson Water District. 2014-3735 PL1979 CHANGE OF ZONE (PUDZ14-0003) - SCHRAGE LIVING TRUST AND LORI AND COLIN LEGGE PAGE 4 5. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 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 the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. 7. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 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, and apply for a permit from the Colorado Department of Public Health and Environment. 9. The Weld County's Right to Farm Statement as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be recognized at all times. 10. A Stormwater Discharge Permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one (1) acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. 11. Activity or use on the surface of the ground over any part of the On-site Water Treatment System (O.W.T.S.) 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. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 2014-3735 PL1979 CHANGE OF ZONE (PUDZ14-0003) - SCHRAGE LIVING TRUST AND LORI AND COLIN LEGGE PAGE 5 13. The historical flow patterns and runoff amounts will be maintained on the site. 14. Weld County is not responsible for the maintenance of on-site related features or internal roadways. 15. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. 16. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. 17. The applicant shall comply with Section 27-8-50 - 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. 18. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. C. With the Change of Zone plat, 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 9 9 ( ) P .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). 2014-3735 PL1979 CHANGE OF ZONE (PUDZ14-0003) - SCHRAGE LIVING TRUST AND LORI AND COLIN LEGGE PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of December, A.D., 2014. BOARD OF COUNTY COMMISSIONERS LD COUNTY, ORADO ATTEST: ;o 7c 2 o: Do las demacher 'Chair Weld County Clerk to the Board • EL �bara Kirkmeye , Pro, Pro-Ter BY. D p y Clerk tot eBoardea PLConwa y "• �r APPROVED AS TO FORM: � -,/' te a ®u Ncl • eFr an Cou A orney l Willi F. Ga ,72 Date of signature: 12! 2014-3735 PL1979 Hello