HomeMy WebLinkAbout20070463.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, CZ#1135, FROM A(AGRICULTURAL)ZONE DISTRICT
TO E (ESTATE) ZONE DISTRICT -JASON AND LISA SLATER
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 14th day of March,2007,at 10:00 a.m.for the
purpose of hearing the application of Jason and Lisa Slater, 8567 Weld County Road 86,
Fort Collins,Colorado 80524, requesting Change of Zone,CZ#1135,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:
Lot 12, Black Hollow Acres, 1st Filing; being part of
the SE1/4 of Section 33, Township 8 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicant was present, 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 22-2-190.D (R.Goal 4) states, "Conversion of
agricultural land to E(Estate)Zone residential uses may be accommodated
when the subject site is in an area that can support such development."
Section 22-2-60.1 (A.Goal 9)states, "The minimum lot size of parcels in the
A(Agricultural)Zone District should remain at eighty(80)acres to encourage
parcels large enough to retain viable farming operations orto accommodate
modern agricultural equipment and irrigation practices." The property is
currently served by a domestic well; however,water service from the North
Weld County Water District has recently become available. As a Condition
of Approval,the applicants will be required to purchase a tap from the North
Weld County Water District in order to comply with the standards for the
E (Estate)Zone District. An individual sewage disposal system serves the
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CHANGE OF ZONE (CZ#1135) - JASON AND LISA SLATER
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property. The property is part of the Black Hollow Acres Subdivision,
approved by the Board of County Commissioners, and recorded
September 25, 1970,at Reception Number 1555177. The primary use in the
Subdivision is residential, and the applicants do not wish to change the use
of the property;it will remain compatible with the region and the Subdivision.
At29.4 acres in size, not only is this parcel too small to be viable for farming,
it is also much smaller than the current agricultural zoning requirement of a
80-acre minimum lot size (Section 23-3-50). The property does not have
any water rights associated with it and has not recently been farmed,
therefore, changing the zoning designation will not remove currently
productive agricultural land from production.
b. Section 23-2-40.6.2-The uses which will be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land
uses. The proposed site does not lie within the Urban Growth Boundary or
Intergovernmental Agreement area for any municipality. The subject property
lies within the three-mile referral area of the Town of Severance and Larimer
County. Both agencies reviewed the request and found no conflict with their
interests. The surrounding properties are zoned A(Agricultural). The lots in
the Black Hollow Acres Subdivision range in size from approximately
10 acres to approximately 60 acres and have primarily residential uses. The
surrounding properties, which are not part of the subdivision, are
predominantly 80 acres or larger and used for farming. The E(Estate)Zone
District is a more stringent zoning designation in that it does not allow some
of the more intense uses allowed in the A(Agricultural)Zone District, yet it
does allow for low density residential. Changing the zoning will not allow
uses incompatible with Agricultural zoning. In this case, the use will not
change as a result of the Change of Zone; the zone change will more
accurately reflect the existing use. The Right-to-Farm Statement is required
to appear on the recorded Change of Zone plat which informs any new
residents to the area that the surrounding community is agricultural in nature.
Granting this Change of Zone will have a minimal impact on the surrounding
land uses.
c. Section 23-2-40.6.3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed Zone
District. The home on the property has an existing well permit (# 194176);
however, in order to comply with the requirement of the E (Estate) Zone
District for public water,the applicants will be required to obtain a water tap
from the North Weld County Water District. The Weld County Department
of Public Health and Environment has reviewed this proposal and has
indicated in the referral, received January 2,2007,that it has no conflicts with
this application. Sewer is provided by an Individual Sewage Disposal
System (I.S.D.S.) Permit SP-9600211.
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CHANGE OF ZONE (CZ#1135) - JASON AND LISA SLATER
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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. Weld County Road 86 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 applicants shall verify the existing
right-of-way and the documents creating the right-of-way. Right-of-way and
documentation of the right-of-way shall be shown on the Change of Zone
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.
e. Section 23-2-40.B.5-The applicants have demonstrated compliance with
the applicable standards. The proposed Change of Zone does not lie within
any Overlay District identified by the maps officially adopted by Weld County.
Building permits issued on the lot will be required to adhere to the fee
structure of County-Wide Road Impact Fee Program, as well as the Capital
Expansion Impact Fee and Stormwater/Drainage Impact Fee. A Mineral
Resource Investigation Report prepared by CTL Thompson, Inc., dated
October 24, 2006, was included in the application materials. This report
concluded that the property did not contain any commercial mineral deposits.
Siologic, Inc., prepared a soil analysis of the site which concluded that the
soils on the site did not present moderate or severe limitations to the
construction of structures which could not be overcome. This report was
included in the application materials.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Jason and Lisa Slater for Change of Zone,CZ#1135,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 Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled CZ-1135.
2) The Change of Zone plat shall not show the proposed Subdivision, it
shall reflect the existing lot configuration.
3) The Change of Zone plat shall conform to all requirements of
Section 23-2-50.D of the Weld County Code.
B. The applicants shall submit written evidence to the Weld County Department
of Planning Services that a water tap has been purchased from the North
Weld County Water District.
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C. The applicants shall address the requirements and concerns of the Weld
County Department of Public Works, as detailed in the referral dated
December 13, 2006. Evidence that these concerns have been addressed
to the satisfaction of the Department of Public Works shall be submitted, in
writing, to the Department of Planning Services.
D. The applicants 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.
E. All easements shall be shown in accordance with Weld County standards
and Utilities Coordinating Advisory Committee recommendations on the
Change of Zone plat.
2. The Change of Zone is conditional upon the following, and each shall be placed on
the Change of Zone plat as notes:
A. The Change of Zone shall comply with the E (Estate) Zone District
requirements as set forth in Chapter 23 of the Weld County Code.
B. Water service shall be obtained from the North Weld County Water District.
C. A Weld County septic permit is required for each proposed septic system,
which shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. Each septic system shall be
designed for site-specific conditions, including, but not limited to: maximum
seasonal high groundwater, poor soils, and shallow bedrock.
D. Weld County's Right to Farm Statement,as provided in Appendix 22-E of the
Weld County Code, shall be placed on any recorded plat.
E. Weld County Government personnel 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 Development Standards stated herein and
all applicable Weld County regulations.
F. Building permits shall be obtained prior to the construction of any building.
Buildings that meet the definition of an Agricultural Exempt Building,per the
requirements of Sections 29-1-20 and 29-3-20.8.13 of the Weld County
Code, do not need building permits; however, a Certificate of Compliance
must be filed with the Department of Planning Services and an electrical
and/or plumbing permit is required for any electrical service to the building or
water for watering or washing of livestock or poultry.
G. A plan review is required for each building. Two complete sets of plans are
required when applying for each permit. Each building may be required to be
designed by a Colorado registered engineer.
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H. Priorto the release of building permit,the applicant shall submit evidence of
approval from the Ault Fire Protection District to the Weld County
Department of Building Inspections.
Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee Program.
J. 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.
K. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
L. 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.
3. The applicant shall submit two(2) paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the paper
copies, 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 23-2-50.D of
the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
4. The plat for this Change of Zone shall be submitted to the Department of Planning
Services,along with the plat for Resubdivision, RS#1136,and will not be accepted
for recording alone.
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 may be added for each additional three (3) month period.
6. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by the
following vote on the 14th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
s 17
a WEL UN , COLORADO
ATTEST: � / �`
on, 4-{r Q,? vid E. Long, Chair
Weld County Clerk to the k3oa ui
/ XCUSED
BY: I Vaa
Nillia Hrr//�� o-Tem
De ty Cler to the Board
WI is F. Garcia
AP OV AST •
Robert D. as
ounty Attorney
Douglas adema ber
ni
Date of signature: .-)197W7
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