HomeMy WebLinkAbout20141522.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ14-0001, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
TWO (2) LOTS WITH E (ESTATE) ZONE DISTRICT USES - JOHN AND NANCY
FRITS
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 21st day of May, 2014, at 10:00 a.m., for
the purpose of hearing the application of John and Nancy Frits, 16898 CR 1, Longmont, CO
80504, requesting Change of Zone, PUDZ14-0001, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District for two (2) 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, RECX11-0002;
being part of the W1/2 NW1/4 of Section 7,
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was 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
Chapters 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 proposed site is not influenced by an Intergovernmental Agreement,
nor is it located within an urban growth boundary. The proposal is
consistent with the aforementioned documents as follows:
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1 - g- Z0 ILJ 2014-1522
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1) Section 22-3-50.6.1 (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 Longs Peak Water District and
Individual Sewage Disposal Systems (I.S.D.S.) will handle the
effluent flow.
B. Section 27-6-120.5.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,
with the following exceptions:
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 two (2) residential lots.
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 is not located
within the boundaries of a coordinated planning area or urban growth
boundary area. It is located within the three-mile referral area of the
Towns of Berthoud and Mead. It is also located within the three-mile
referral area of Boulder County. No referral responses have been
received from Berthoud, Mead, or Boulder County. This site is located in
a rural agricultural area. Conditions of Approval will require a weed
management plan be submitted with the final plat application. According
to the Department of Public Works drainage referral, "No stormwater
detention pond shall be required for rural residential development at nine
(9) lots or fewer, where the average lot size is equal to or greater than
three (3) acres per lot."
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 applicant has submitted a letter from the Long's Peak Water
District stating that the raw water dedication requirement has been
satisfied, and, therefore the County Attorney's office finds there is
evidence of adequacy of water. The I.S.D.S. Systems will handle the
effluent flow.
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. Intersection sight distance triangles at the
development entrance(s) will be required. All landscaping within the
triangles must be less than 2.5 feet in height at maturity, and noted on the
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final roadway plans. The applicant has an approved point of ingress and
egress for each parcel. The access permit number is AP11-00401 and
the minimum access width requirements is twenty (20) feet clear without
encumbrances, be an all-weather and maintained roadway.
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 will not be required prior to
recording of the final plat.
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 site is not located within any overlay district. Building
permits issued on the property will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program, County Facility
Fee and Drainage Impact Fee Programs.
H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s), and the uses, the specific development guide. The submitted
Specific Development Guide does accurately reflect the performance
standards and allowed uses described in the E (Estate) Zone District. The
E (Estate) lots shall comply with all E (Estate) requirements as described
previously. This Change of Zone is approved as a Specific Development
Plan and will be reviewed administratively at the final plat stage.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of John and Nancy Frits for Change of Zone,
PUDZ14-0001, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for two (2) 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 plat shall be amended as follows:
1) All sheets of the plat shall be labeled PUDZ14-0001.
2) Weld County's Right to Farm Statement, as provided in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on any
recorded plat and recognized at all times.
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3) Front, side and rear utility easements are not required to be indicated on
the Change of Zone plat and shall be removed. Topographical lines,
interior lot lines and internal roads, mailbox locations and delineation of all
structures shall also be removed from the plat. The property boundary
and all recorded easements shall be shown on the plat.
4) CR 1 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full buildout. There
is presently 60 feet of right-of-way. An additional 10 feet shall be
delineated on the plat as future CR 1 right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
5) CR 36 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full buildout.
The applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the plat.
All setbacks shall be measured from the edge of future right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
6) The applicant shall show the culvert size at each residential driveway
entrance.
7) Delineate all county road numbers, existing and future right-of-way, and
section corner information.
2. 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:
A. A Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for
two (2) residential lots with E (Estate) Zone District Uses.
B. Water service shall be obtained from the Longs Peak Water District.
C. 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, Water Quality Control Division, and the Weld County Code, in
effect at the time of construction, repair, replacement, or modification of the
system.
D. Language for the preservation and/or protection of the absorption field shall be
placed on the plat. The note shall state that activities such as permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site.
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E. The historical flow patterns and runoff amounts will be maintained on-site.
F. 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.
G. Weld County's Right to Farm statement, as provided in Section 22-2-220.J.2 of
the Weld County Code, shall be placed on any recorded plat.
H. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expressly
prohibited in the designated absorption field site.
A separate building permit shall be obtained prior to the construction of any
structure, except agriculture exempt buildings.
J. Building permits issued on the property will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program.
K. Building permits issued on the property will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
M. 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.
N. 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 and Development
Standards stated herein and all applicable Weld County regulations.
O. The site shall maintain compliance, at all times, with the requirements of the
Weld County Government and the adopted Weld County Code and Policies.
P. 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.
Q. 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
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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.
R. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code with the exception of Sections 27-2-20, 27-
2-50, 27-2-60, 27-2-80, 27-6-90, 27-2-100, and 27-2-165.
3. Upon completion of Condition of Approval #1 and #2 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
Upon approval of the plat, the applicant shall submit a Mylar plat, along with all other
documentation required as Conditions of Approval. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services.
The applicant shall be responsible for paying the recording fee.
4. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within Sixty (60) 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. 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).
5. 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.
6. At the time of Final Plan submission:
A. The applicant shall delineate all easements of record, including the reception
number and book and page for all easements and rights-of-way of record in
accordance with County standards (Section 24-7-60) and/or Utility Board
recommendations.
B. The applicant shall provide additional plat notes, including, yet not limited to,
county road numbers, existing and future right-of-way, and section corner
information.
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C. Intersection sight triangles at the development entrance will be required. All
landscaping within the triangles must be less than 2.5 feet in height at maturity
and noted on the final roadway plans.
D. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
E. 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 and to Section 15-1-180 of the Weld
County Code.
F. The applicant shall submit an executed agreement securing water from the
Longs Peak Water District for service to the PUD. Evidence of the agreement
and sign off from the Longs Peak Water District shall be provided to the
Department of Planning Services.
6. Prior to recording the final plat:
A. The applicant shall provide evidence requirements of School District RE-1J have
been addressed.
B. The applicant shall submit a digital file of all drawings associated with the Final
Plan 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).
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CHANGE OF ZONE, PUDZ14-0001, FROM A(AGRICULTURAL) ZONE DISTRICT TO PUD -
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:C� �,,,,,// t SS
�/ .JC,lto%� D.�!•las/Rad r, Chair
Weld County Clerk to the Board ! Pro- m
ELt arbara Kirkmer,
BY:
De• tP Clerk to the Boar.;ju I` .�:'•'{,
n P. Conway
APPV RODAST._-a ' =: -
ike Free n
C nt rney k_ 2�
William . arcia
Date of signature: 7"244
2014-1522
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