HomeMy WebLinkAbout20110459.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1156 FROM A (AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT - BALMES HOMES LLC DEFINED BENEFIT, CIO GREG
AND LISA BALMES
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 16th day of February, 2011, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Balmes Homes LLC
Defined Benefit, c/o Greg and Lisa Balmes, 6480 County Road 5, Erie, Colorado 80516, requesting
a Change of Zone from the A (Agricultural)Zone District to the E (Estate)Zone District for a parcel
of land located on the following described real estate, to-wit:
Outlot A of Highland Farms PUD; being part of the
NW1/4 of Section 5, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present at said hearing, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of such
a 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 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code as
follows:
a. Section 23-2-40.B.1 -The proposal is consistent with Chapter 22 of the Weld
County Code. 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 property will be serviced
by the Left Hand Water District, as stated in a letter dated February 17,2010,
and an Individual Sewage Disposal System. 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
surrounding properties to the west and south are zoned E (Estate), the
property to the east is zoned A(Agricultural), and State Highway 52 borders
the property to the north. The property is located within the three-mile
referral areas for the City of Dacono, the Towns of Erie and Frederick, and
Boulder County. The City of Dacono and the Town of Erie indicated, in their
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CHANGE OF ZONE (CZ#1156) - BALMES HOMES LLC DEFINED BENEFIT, C/O GREG AND
LISA BALMES
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referrals dated August 30, 2010, that they have no conflicts with the
proposed development. The Town of Frederick and Boulder County did not
respond to the referral request. No comments have been received from the
surrounding property owners regarding the proposed Change of Zone;
therefore, the impact of the proposed use will be compatible with the
surrounding land uses.
b. Section 23-2-40.6.2-The uses which will be allowed on the subject property
will be compatible with the surrounding land uses. The property is
predominantly surrounded by residential uses along the south, west, and
east sides of the property, with State Highway 52 to the north. There are
several Subdivisions within close proximity to the property in question
including: Highland Farms PUD, Highview Ranch PUD, and Summit at
Mountain View PUD, all with E (Estate) zoning.
c. Section 23-2-40.B.3 - Adequate water and sewer service may be made
available to the site to serve the uses permitted within the proposed Zone
District. The property will be serviced by the Left Hand Water District and an
Individual Sewage Disposal System.
d. Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed Zone
District. The Colorado Department of Transportation(CDOT), in the referral
dated September 1, 2010, indicated the applicant has already obtained an
access permit from CDOT for an additional house using the eastern access.
e. Section 23-2-40.B.5- In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) Section 23-2-40.B.5.a - The proposed Change of Zone does not lie
within an Intergovernmental Agreement Area.
2) Section 23-2-50.B.5.b - The site is underlain by eolian (wind
deposited soils) over Laramie Formation bedrock, according to the
Colorado Geological Survey referral dated September 13, 2010.
3) Section 23-2-40.B.5.c- Soil conditions on the site are not such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site. In the referral dated
September 13, 2010, the Colorado Geological Survey stated, "A
site-specific geotechnical investigation is required, once a building
location is determined and prior to building permits applications, to
characterize subsurface conditions and address potential
development constraints such as expansive bedrock,expansive and
collapsible soils, and shallow groundwater/perched water conditions."
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Balmes Homes LLC Defined Benefit, c/o Greg and Lisa
Balmes, for a Change of Zone from the A(Agricultural)Zone District to the E (Estate)Zone District
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 address the requirements of Weld County School
District RE-1J, as stated in the referral response dated September 8, 2010.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. The plat shall be amended to include any possible future
drilling sites and/or setbacks.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ-1156.
B. The plat shall adhere to Sections 23-2-50.C and 23-2-50.D of the Weld
County Code.
C. All recorded easements shall be shown and dimensioned on the Change of
Zone plat.
D. State Highway 52 requires 100 feet right-of-way at full buildout.Any existing
or additional right-of-way shall be delineated on the plat as future
right-of-way, and the documents creating the existing right-of-way shall also
be delineated on the plat
E. All approved accesses shall be delineated on the plat.
F. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for E (Estate) Zone uses which shall
comply with the E (Estate)Zone District requirements, as set forth in
Chapter 23, Article III, Division 5, of the Weld County Code.
2) The operation shall comply with all applicable rules and regulations of
state and federal agencies and the Weld County Code.
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3. Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
4. Building permits shall be obtained prior to the construction of any
new building. A plan review is required for each building. Plans shall
bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each
permit.
5. Each new building will require an engineered foundation based on a
site-specific geotechnical report or an open hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
6. 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: 2006 International Building
Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2008 National Electrical Code, and Chapter 29 of
the Weld County Code.
7. Effective January 1, 2003, building permits issued on the subject site
will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program.
8. Effective August 1, 2005, building permits issued on the subject site
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
9. Water service shall be obtained from the Left Hand Water District.
10. 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.
11. 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. The applicant shall 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.
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12. 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 shall be submitted.
13. 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.
14. Activities such as permanent landscaping,structures,dirt mounds, or
other items are expressly prohibited in the septic absorption field site.
15. 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.
16. The historical flow patterns and runoff amounts will be maintained on
the site in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm runoff.
17. 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
plat.
G. The applicant shall submit three (3) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioners Resolution. 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 copy of all drawings associated with the Change of Zone application.
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Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital
file may be sent to maps@co.weld.co.us.
5. In accordance with Weld County Code Ordinance#2005-7, approved June 1,2005,
should the plat not be recorded within the required sixty (60) 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 16th day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: ", -
Barbara Kirkmeyer, air
Weld County Clerk to the ar 1 e
186 O} ttS, -Se n � ay, Pro-
BY: It
�, � �Deputy Clerk to the Bo ea, �_ � � --
(i fJ \ W m F. Garcia
AP ED AS-T FORM:
avid E. Long
my At rney cl��
ouglas demac r
Date of signature: a/
2011-0459
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