HomeMy WebLinkAbout20143168.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF14-0007, FOR ONE (1) RESIDENTIAL LOT WITH
E (ESTATE) ZONE USES, ELMORE PUD -JONATHAN SCUPIN AND ANN NASH
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 22nd day of October, 2014, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Jonathan Scupin and Ann
Nash, 13941 Elmore Road, Longmont, CO 80504, requesting a Site Specific Development Plan
and Planned Unit Development Final Plan, PUDF14-0007, for one (1) residential lot with
E (Estate) Zone Uses, Elmore PUD, for a parcel of land located on the following described real
estate, to-wit:
Lot 2, Block 2, Seemore Heights First Addition,
being part of the NW1/4 of Section 30, Township 3
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicants were present, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations 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 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
A. Section 27-7-40.D.2.a --The proposal is consistent with Chapters 19, 22,
23, 24 and 26 of the Weld County Code and any intergovernmental
agreement in effect influencing the PUD.
1) Section 22-3-40.6 (P.Goal 2) -- Requires adequate facilities and
services to assure the health, safety and general welfare of the
present and future residents of the County. The PUD will be
serviced by Longs Peak Water District and On-site Water
Treatment Systems that will handle the effluent flow.
2) Section 27-2-140 Nonurban scale development. Nonurban scale
developments are developments comprised of nine (9) or fewer
residential lots, located in a nonurban area as defined in Chapter 22
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PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF14-0007) - JONATHAN SCUPIN AND
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of this Code, not adjacent to other PUDs, subdivisions, municipal
boundaries or urban growth corridors. Nonurban scale
development shall also include land used, or capable of being used,
for agricultural purposes and including development which
combines clustered residential uses and agricultural uses in a
manner that the agricultural lands are suitable for farming and
ranching operations for the next forty (40) years. Nonurban scale
development on public water and septic systems may have a
minimum lot size of one (1) acre and an overall gross density of two
and one-half (2.5) acres per septic system. Nonurban scale
development proposing individual, private wells and septic systems
shall have a minimum lot size of two and one-half (2.5) acres per
lot. Nonurban scale developments located outside the RUA area
are not subject to the common open space requirement. 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, according to Weld County Code
Ordinance 2001-1; Weld County Code Ordinance 2003-10; and
Weld County Code Ordinance 2006-2. The site is not located within
an Urban Growth Boundary Area, Regional Urbanization Area
overlay district, or urban development node, or adjacent to other
municipal boundaries, or urban growth corridors. The site is a single
parcel of land located within the Seemore Heights Subdivision
development with paved roads, gravel shoulders and without
sidewalks. The site is within the Longmont Intergovernmental
Agreement Area, adjacent to the Nesting Crane Planned Unit
Development to the east. This proposed one (1) parcel PUD is
being created to bring a violation of use, an animal rescue kennel,
into compliance. Given this circumstance, the Urban Scale
Development Standards will not be required.
B. Section 27-7-40.D.2.b -- The uses which will be allowed in the proposed
PUD will conform to the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code. The applicant
has chosen to adhere to the bulk requirements of the E (Estate) Zone
District for the single residential lot.
C. Section 27-7-40.D.2.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 site is within the three (3) mile
referral area for the Towns of Frederick, Firestone, Mead, the City of
Longmont and Boulder County. The Town of Frederick and City of
Longmont indicated no conflict of interests in the referral responses
received July 24, 2014, and July 28, 2014, respectively. The Towns of
Firestone and Mead and Boulder County did not return a referral. The
surrounding uses are agricultural in nature with large tract residential
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PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF14-0007) - JONATHAN SCUPIN AND
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parcels having agricultural uses in each direction. The granting of this PUD
Final Plan will have a minimal impact on the surrounding land uses.
D. Section 27-7-40.D.2.d -- Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the Performance Standards in Chapter 27, Article II, of the
Weld County Code. The residential lot will be serviced by Long's Peak
Water District, which submitted a letter dated August 10, 2012, stating the
District provides domestic water service to this address via one (1)
standard residential water tap. Service is provided without restrictions. The
Weld County Department of Public Health and Environment (WCDPHE)
has indicated in a referral response dated August 19, 2014, that the
application has satisfied Chapter 27 of the Weld County Code in regard to
water and sewer service.
E. Section 27-7-40.D.2.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 Weld County Department of Public Works reviewed this
request and recommended approval as stated in the referral dated
August 6, 2014.
F. Section 27-7-40.D.2.f— In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Sections of Chapters 22, 24 and
26, if applicable. The Weld County Department of Public Works has
indicated in the referral dated August 6, 2014, that a traffic study for the
proposed subdivision was not required and no off-site improvements are
required for County Road (CR) 1.5 (Elmore Road) which is classified as a
local paved roadway with a 60-foot right-of-way. No additional traffic is
anticipated. Vehicular traffic circulation will continue to be provided by
Elmore Road which connects to State Highway 66. The Colorado Reptile
Humane Society has no employees; one volunteer visits the site two (2)
days during the week and two to four volunteers visit the site each
Saturday. Others may visit by appointment only.
G. Section 27-7-40.D.2.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 does not lie within any overlay districts. The Colorado
Geological Survey (CGS) did not review this case as the structures
associated with the Colorado Reptile Humane Society have been erected
and there are no additional structures planned. Further, the property is not
encumbered by a geo-hazard, airport overlay area designation or a Special
Flood Hazard area. The property is within the Longmont Coordinated
Planning Area. The City of Longmont returned the Notice of Inquiry Form
indicating, "The City has no objections to the application. Formal
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comments will be generated at time of referral." The City of Longmont, in
the referral dated July 28, 2014, indicated it had reviewed the request and
finds no conflicts of interests. The Weld County Department of Building
Inspection, in the referral dated July 29, 2014, has indicated that each
building will require a Building and Electrical Permit, per Section 29-3-10 of
the Weld County Code for any new structures, additions or renovations to
any structures. Further, Weld County records do not indicate a Building
Permit was pulled for the existing shop; the Assessors records show the
structure was built in 2004. A "Change of Use" Building Permit will be
required for the existing shop; an Agreement Concerning Existing As-Built
Construction can be used to show compliance with structural, electrical and
mechanical requirements. Building permits issued on the property will be
required to adhere to the fee structure of the County-Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
H. Section 27-7-40.D.2.h -- The proposed PUD Final Plan uses are
compatible with the criteria listed in the developmental guide included in
the application materials.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jonathan Scupin and Ann Nash for a Site Specific
Development Plan and Planned Unit Development Final Plan, PUDF14-0007, for one (1)
residential lot with E (Estate)Zone Uses, Elmore PUD, on the above referenced parcel of land be,
and hereby is, granted subject to the following conditions:
1. Prior to recording the Final Plan plat:
A. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDF14-0007.
2) The Final Plan shall be prepared in accordance with Chapter 27,
Article IX, Section 27-9-20 of the Weld County Code.
3) County Road (CR) 1.5, Elmore Road, is designated on the Weld
County Road Classification Plan as a local paved road, which
requires 60 feet of right-of-way at full buildout. There is presently
60 feet of 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.
4) Delineate and label approved access number;AP14-00349, at both
locations.
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5) Easements shall be shown on the final plat in accordance with Weld
County Code Section 24-7-60.
6) Delineate all recorded easements by Reception number, and/or,
Book and Page on the Final Plat.
7) The plat certificates shall adhere to Section 27-9-20.M of the Weld
County Code.
8) All text throughout the plans shall be legible and consistent.
Modify and separate all overlapping numbers, text and details.
B. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
1) A Site Specific Development Plan and Planned Unit Development
(PUD) Final Plan, PUDF14-0007, is for one (1) residential lot with
E (Estate) Zone District uses, Elmore PUD.
2) The residential lot shall adhere to the bulk standards of the
E (Estate) Zone District.
3) Water service shall be obtained from the Longs Peak Water District.
4) 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.
5) Activity or use on the surface of the ground over any part of the
Onsite Wastewater 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 to structural
loading detrimental to the structural integrity or capability of the
component to function as designed.
6) The historical flow patterns and run-off amounts will be maintained
on-site.
7) 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 (WCDPHE),
a Fugitive Dust Control Plan must be submitted.
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8) 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.
9) Building permits issued on the property will be required to adhere to
the fee structure of the County-Wide Road Impact Fee, Program.
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.
10) 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.
11) The site shall maintain compliance, at all times, with the
requirements of the Weld County Government and the adopted
Weld County Code and Policies.
12) Building permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following have been adopted by Weld
County: 2012 International Codes, 2006 International Energy Code,
and 2011 National Electrical Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans
bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
13) Weld County does not maintain drainage related facilities.
14) The historic flow patterns and run-off amounts will be maintained on
the site.
15) At the time of upgrade or widening of Elmore road, the fence shall
be required to be relocated out of the future right-of-way and shall
meet the existing or future right-of-way line at the expense of the
property owner.
16) 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.
17) Section 27-8-80.A of the Weld County Code - Failure to Comply
with the PUD Final Plan-The Board of County Commissioners may
serve written notice upon such organization or upon the owners or
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residents of the PUD selling forth that the organization has failed to
comply with the PUD Final Plan. Said notice shall include a demand
that such deficiencies of maintenance be cured within thirty (30)
days thereof.A hearing shall be held by the Board within fifteen (15)
days of the issuance of such notice, setting forth the item, date and
place of the hearing. The Board may modify the terms of the original
notice as to deficiencies and may give an extension of time within
which they shall be rectified.
18) Section 27-8-80.B of the Weld County Code - Any PUD Zone
District approved in a Final Plan shall be considered as being in
compliance with Chapter 24 of the Weld County Code and
Section 30-28-101, et seq., C.R.S.
C. The applicant shall bring the property into compliance with the Weld
County Building Department. Department records do not indicate a
Building Permit was pulled for the existing shop, the Assessors records
show the structure was built in 2004. A"Change of Use" Building Permit will
be required for the existing shop; an Agreement Concerning Existing
As-Built Construction can be used to show compliance with structural,
electrical and mechanical requirements.
2. Upon completion of Condition of Approval #1 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.
3. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan - If a Final Plan plat has not been recorded within one (1)
year of the date of the approval of the PUD Final Plan, or within a date specified by
the Board of County Commissioners, the Board may require the landowner to
appear before it and present evidence substantiating that the PUD Final Plan has
not been abandoned and that the applicant possesses the willingness and ability
to record the PUD Final Plan plat. The Board may extend the date for recording the
plat. If the Board determines that conditions supporting the original approval of the
PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the
PUD Final Plan.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C1 (d
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Weld County Clerk to the Boa✓ \� tit
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.1acf rbara Kirkmeyer, o-Tem
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t Clerk to he Boa �!�
L.it .C..can P. Conway
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7R6C FORM: 4:An.
Mike Fr
Gd unty Attorney
i iam F. Garcia
Date of signature:
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