HomeMy WebLinkAbout20022359 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, along with amendments to the case title, Condition of Approval 1A, 5E and the
correction to the County Road referral,that the following resolution be introduced for passage by the Weld
County Planning Commission. Be it resolved by the Weld County Planning Commission that the application
for:
Case#: MZ-609
Planner: R. Anderson
Applicant: Steve Klen and Lori Guttenstein
6909 Shannon Court
Loveland, Colorado 80538
Request: A Change of Zone from A(Agricultural)to E (Estate)for a 6-lot Minor Subdivision
(Moorea Manor)
Legal Description: Lot A of RE-2812, being part of the west half of Section 2, Township 2 North,
Range 67 West of the 6th Prime Meridian, Weld County, Colorado
Location: West of and adjacent to County Road 21 ''A and north of and adjacent to County
Road 24 %3 .
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The applicant has complied with all the application requirements listed in Section 24-3-40 of the
Weld County Code.
2. The request is in conformance with Section 23-2-30 of the Weld County Code as follows:
A. Section 23-2-30.A.1. The proposal is consistent with Chapter 22 of the Weld
County Code.
Section 22-2-60. A. Goal 1 states "Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture." The
subject property is categorized as"Irrigated not Prime" by the USDA"Farmlands
of National Importance Map"dated 1979 and lies within the A(Agricultural)Zone
District.
Section 22-2-60. G. Policy 7 states"Weld County recognizes the Right to Farm".
In order to validate this recognition Weld County's Right to Farm statement has
been established which shall be incorporated on all pertinent land use plats. The
Department of Planning Services shall require Weld County's Right to Farm
statement to appear on all recorded plats.
Section 22-2-60.C. A. Goal.3 discourages urban-scale residential development
which is not located adjacent to existing incorporated municipalities. The proposed
Minor Subdivision does not propose an urban scale development as defined by the
Weld County Code and is not located adjacent to existing incorporated
municipalities.
B. Section 23-2-30.A.2. states"That the uses which would 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 for
any municipality. The Right-to-Farm statement is required to appear on the
recorded Change of Zone plat which informs new residents to the proposed
subdivision that the surrounding community is agriculture in nature. The
Department of Planning Services' maintains that granting this Change of Zone will alma
have a minimal impact on the surrounding land uses which are primarily rural
residential in character.
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C. Section 23-2-30.A.3.states"That adequate water and sewer service can be made "'
available to the site to serve the uses permitted within the proposed zone district."
2002-2359 .�,c„a
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Resolution MZ-609
Moorea Manor
Page 2
Application materials indicate water service is to be provided by Central Weld
County Water District. Appropriate documentation was submitted to and approved
by the Weld County Attorneys Office.
The Weld County Department of Public Health and Environment has reviewed this
proposal and has indicated the applicant has satisfied Chapter 24 of the Weld
County Code in regard to water and sewer service. Water will be provided by
Central Weld County Water District and sewer will be provided by individual
sewage disposal systems. The minimum proposed lot size(4.3 acres)coupled with
an overall density of one septic system per 5.8 acres meets the current Department
policy.Preliminary geo-technical information and percolation test data,dated March
20, 2002 from Church and Associates, Inc.,was submitted to the Department for
review. This preliminary data indicates conventional septic systems should be
viable across the site although underlying sandstone is anticipated on portions of
the site. The lot sizes are adequate to accommodate the septic systems. Because
of the natural depression on the two western lots, care will be necessary in siting
the septic systems to prevent the potential flooding of those septic systems.
Fire Protection will be provided by the Platteville/Gilcrest Fire Protection District.
In the referral response received 6/17/02 the District Fire Chief verified the
conditions of approval (access requirements, hydrant location and water main
extension)established at the Sketch plan phase.
D. Section 23-2-30.A.4 states "Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed zone
district." County Road 21 1/2 is designated as a collector and requires an 80-foot
right-of-way. The additional 10 feet of right-of-way shown on the change of zone
plat shall be dedicated. The existing 60 foot right-of-way shall be verified by the
applicant and the documents creating the right-of-way noted on the plat. If the
right-of-way cannot be verified, it will be dedicated on the plat.
E. Section 24-3-60.P.12. of the Weld County Code states,"Ingress and Egress to all
lots within the Minor Subdivision will be to an internal road circulation system."
Minor subdivision roadways serving nine or fewer lots may be gravel. The
minimum gravel roadway width is 24 feet in width with 6 inches of aggregate base.
The interior road and typical cross section shall conform to the standards of the
Weld County Code, Chapter 24, Article VII, Design Standards and shall be
delineated on future applications.
F. Section 24-7-60 of the Weld County Code outlines utility easement standards for
county subdivisions. These standards are strictly enforced by the Weld County
Utility Advisory Committee,requiring a minimum total width of 20 feet apportioned
equally on side and rear lot lines within the development,and a minimum of 15 feet
allocated along front lot lines.
G. Section 23-2-30.A.5. states "That, in those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:"
1) The proposed change of zone does not lie within any overlay district
identified by the maps officially adopted by Weld County.
2) The applicant included copies of correspondence with mineral owners in
order to determine mitigation of the potential impact to both mineral interest
owners as well as surface rights owners. A written agreement between the
mineral owners and the surface owners is required.
Resolution MZ-609
Moorea Manor
Page 3
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A(Agricultural)to E(Estate)Zone uses for Six(6)Residential Lots is conditional
upon the following:
1. Prior to scheduling the Board of County Commissioner's Hearing:
A. The applicant shall submit to the Weld County Department of Planning Services a
signed copy of an agreement or evidence of mitigation with the properties mineral
owners which stipulates that oil and gas activities have been adequately
incorporated into the design of the site and that mineral owners concerns have
been mitigated. (Department of Planning Services)
B. The applicant shall submit to the Weld County Department of Planning Services a
signed copy of an agreement with the Lupton Bottom Ditch Company which
stipulates
that ditch activities have been adequately incorporated into the design of the site
or show evidence that an adequate attempt has been made to mitigate any
concerns of the ditch company. (Department of Planning Services)
2. The Change of Zone plat shall meet the requirements of Section 24-3-50 of the Weld
County Code and shall be amended to delineate the following:
A. All future signs including entrance signs,street signs and stop signs as well as sight
distance triangles shall be delineated on the plat. The name of the street shall not
conflict with any other street within the servicing United States Postal area.
(Departments of Planning Services and Public Works)
B. Weld County does not maintain unpaved subdivision internal roads. This shall be
noted on the Change of Zone and Final Plats. The applicant shall further prepare
and execute an agreement stating that the homeowners will accept liability for the
maintenance of the internal road. The internal roadway right-of-way shall be 60-
feet in width including cul-de-sacs with a 65 foot radius,and dedicated to the public.
The typical roadway cross-section of the interior roadway shall be shown as two 12-
foot gravel lanes.The cul-de-sac edge of gravel radius shall be 50 feet.Stop signs
and street name signs shall be placed at the intersections. The required right-of-
way shall be dedicated to the County. Landscaping within the intersection sight
distance triangle shall be less than 3.5 feet at maturity and noted on the change of
zone and final plat. (Department of Public Works)
C. The change of zone plat shall include the delineation of utility easements on each
lot in accordance with Section 24-7-60 and/or the Weld County Utility Boards
direction. The 30 foot right-of-way for Lot 6 driveway shall contain easements for
utilities, be solely dedicated to Lot 6 and be dimensioned on the change of zone
and final plat. Roadway, Grading plans and construction details will be required
with future applications. (Department of Public Works)
D. County Road 21 '/z is designated as a collector and requires an 80-foot right-of-
way. The additional 10 feet of right-of-way shown on the Change of Zone plat
shall be dedicated. The existing 60 foot right-of-way shall be verified by the
applicant and the documents creating the right-of-way noted on the plat. If the
right-of-way cannot be verified, it will be dedicated on the plat. (Department of
Public Works)
E. The applicant shall show all irrigation systems in the development on the change
of zone and final plat. The applicant shall verify the Lupton Bottom Ditch on the
Resolution MZ-609
Moorea Manor
Page 4
change of zone plat as well as provide a recorded copy of the right-of-way
agreement. (Department of Public Works)
3. The Change of Zone is conditional upon the following, and each shall be placed on the
Change of Zone plat as notes, prior to recording:
A. The Minor Subdivision consists of six(6)residential lots.The Change of Zone is to
the Estate Zone District as set forth in Chapter 23, Division 5 of the Weld County
Code. (Department of Planning Services)
B. Water service shall be provided by Central Weld County Water District.
(Department of Public Health and Environment)
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
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. (Department of Public Health and Environment)
D. During development of the site, all land disturbance 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. (Department of Public Health and
Environment)
E. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods which are technologically feasible and
economically reasonable in order to minimize dust emissions. (Department of
Public Health and Environment)
F. If land development creates more than a 25-acre contiguous disturbance, or
exceeds 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.(Department of Public
Health and Environment)
G. The site shall maintain compliance at all times with the requirements of the Weld
County Department of Public Works,Weld County Department of Public Health and
Environment,and the Weld County Department of Planning Services. (Department
of Planning Services)
H. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
Weld County's Right to Farm, as stated in Chapter 22 of the Weld County Code
shall be recognized at all times and placed on any recorded plat. (Departments of
Planning Services, Public Health and Environment)
J. Appropriate Building Permits shall be obtained prior to any construction or
excavation. (Department of Planning Services)
K. 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. (Department of Planning Services)
L. A separate building permit shall be obtained prior to any construction. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section
Resolution MZ-609
Moorea Manor
Page 5
29-1-20 and Section 29-3-20 B.13 of the Weld County Code do not need building
permits, however a Certificate of Compliance must be filed with the Planning
Department and an electrical permit is required for any electrical service to the
building. (Department of Planning Services, Building Inspections)
M. A plan review is required for all buildings except for Ag Exempt buildings. 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. (Department
of Planning Services, Building Inspections)
N. Buildings shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld
County: 1997 Uniform Building Code, 1998 International Mechanical Code, 1997
International Plumbing Code, 1999 National Electrical Code and Chapter 29 of the
Weld County Code. (Department of Planning Services, Building Inspections)
Q. Each building will require an engineered foundation based on a site-specific geo
technical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Planning Services, Building Inspections)
P. Building height shall be limited to the maximum height allowed per UBC Table 5-B.
Wall and opening protection and limitations shall be in accordance with UBC Table
5-A. Separation of buildings of mixed occupancy classifications shall be in
accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall
be determined by the Weld County Code. (Department of Planning Services,
Building Inspections)
Q. Building height shall be measured in accordance with the 1997 Uniform Building
Code for the purpose of determining the maximum building size and height for
various uses and types of construction and to determine compliance with the Bulk
Requirements from Chapter 27 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to
the farthest projection from the building.(Department of Planning Services,Building
Inspections)
4. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copy the applicant
shall submit a Mylar plat along with all other documentation required as conditions of
approval.
The Change of Zone plat map shall be submitted to the Department of Planning Services'
for recording within thirty (30) 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). (Department of Planning Services)
5. The Final Plat application shall adhere to Section 24-3-50 of the Weld County Code and
specifically address:
A. The applicant shall contact Weld County School District RE-1,to finalize a bus pick-
up and drop-off location. The applicant shall further provide written evidence/
acknowledgment of the agreement between the applicant and Weld County School
District RE-1 specifically addressing land dedication and/or collection of In Lieu
Resolution MZ-609
Moorea Manor
Page 6
Payments. (Department of Planning Services)
B. The eighty(80)foot right-of-way for County Road 21 % as well as the right-of-way
for the internal roadway shall be dedicated to the County. (Department of Planning
Services, Public Works)
C. The applicant shall submit written evidence to the Weld County Department of
Planning Services that all proposed street names and lot addresses have been
submitted to the appropriate Fire Protection District, the Weld County Sheriffs
Office,the Weld County Ambulance Services Department and the Post Office for
review and approval. (Department of Planning Services)
D. The proposed mail box location shall be located on site in an area that has
adequate sight distance from the pubic right-of-way. Written evidence shall be
provided to Weld County Department of Planning Services from the servicing
United States Post Office(USPO)stating that the proposed location meets USPO
design standards and delivery requirements. Should a single pedestal mail box not
be the preferred standard, written evidence from the servicing USPO shall be
provided stating the contrary. (Department of Planning Services)
E. A Home Owner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance, taxes, maintenance of streets,
private utilities, ditch water allocations and other facilities. The applicant shall
submit the Homeowners Association Covenants to the Weld County Attorney's
Office for review and approval and provide the Department of Planning Services
evidence of approval. (Department of Planning Services)
F. A final drainage report stamped, signed and dated by a professional engineer
licensed in the State of Colorado shall be submitted with the Final Plat Application.
The 5-year storm and 100-year storm drainage studies shall take into consideration
off-site flows both entering and leaving the development. Increased runoff due to
development will require detention of the 100-year storm developed condition while
releasing at the 5-year storm existing condition. The final drainage report shall
include a flood hazard review with FEMA maps. The August 2001 report states
increased runoff due to development is minimal and detention will not be required.
Calculations verifying this as well as final drainage construction plans,conforming
to the drainage report will be required with the final plat application. The applicant
shall show all irrigation systems in the development on the change of zone and final
plat. The applicant shall verify the Lupton Bottom Ditch on the final plat as well as
provide permission to cross the ditch. Accompanying plans and details must be
included showing calculated sized opening and method of crossing. The applicant
shall provide a confirmation letter or appropriate documentation to the Department
of Planning Services from the owner addressing these issues at the time of final
plat application. Evidence of the Department of Public Works approval of the
Roadway and Drainage construction plans shall be submitted to the Department
of Planning Services. (Department of Public Works)
Resolution MZ-609
Moorea Manor
Page 7
Motion seconded by Stephan Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on August 6, 2002.
Dated the 6th of August, 2002.
Voneen Macklin
Secretary
Aluit 6 , t?o 1
✓n . M09
Planner: R. Anderson
Applicant: Steve Klen and Lori Guttenstein
6909 Shannon Court
Loveland, Colorado 80538
Request: A Change of Zone from A(Agricultural)to E (Estate)for a 6-lot Minor Subdivision
(Moorea Manor)
Legal Description: Lot A of RE-2812, being part of the west half of Section 2, Township 2 North,
Range 67 West of the 6th Prime Meridian, Weld County, Colorado
Location: West of and adjacent to County Road 21 1/2 and north of and adjacent to County
Road 24 'h .
Robert Anderson,Department of Planning Services presented Case MZ-609,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.The Department of Planning
Services requests two corrections. The case title needs to be changed from CZ to MZ and Condition of
Approval 1A Prior to Scheduling the Board of County Commissioners Hearing needs to reflect different
language.
John Folsom indicated that 2D should reflect County Road 21.5 not 20.5. Mr.Anderson indicated that it will
be corrected.
Bruce Fitzgerald asked if the county was using the 21.5 versus 21 % . It was indicated by Mr. Fitzgerald that
the 21.5 is not a correct mailing per the United States Post Office. It was also indicated that WCR is not a
accurate description. All United States Post Office data bases use County Road or CR.
Jim Rohn asked if the property was in a flood plain. Mr. Anderson indicated it was not. Mr. Folsom asked
about the referral from Weld RE-1 asking for a 90 foot radius for a school bus turn around. Mr. Anderson
indicated that the applicant representative has spoken with the school district and the issue has been
resolved:
Steve Klen,applicant, provided some clarification with regard to the project. The applicant will provide a unit
of water for irrigation purposes. There will be leach fields and all the utilities will be provided. There will be
covenants so that problems will not arise in the future. There will be water dedicated to each lot for irrigation.
Mr. Mokray asked about the ditch system and how it was going to be delivered to the homeowners. Mr. Klen
indicated that there is a ditch that runs through the property and one that runs to the north of the property.
Mr. Mokray asked for clarification on separation of the water and how it was to be monitored. Mr. Klen
indicated that the ditch company would monitor the amount and there was a divider box located off the main
ditch that would divert the water down the ditch in the subdivision. There is a certain amount of water
allocated per share of water and that is all the homeowners can use for the year. Mr.Miller stated that it would
to the benefit of the subdivision if there was one individual through everything was coordinated. Mr. Klen
indicated it could be addressed. Mr. Miller asked if actual stock certificates were going to be given to each
individual homeowner for the water associated with the property. Mr.Klen indicated that that was going to be
done. Mr.Anderson indicated that additional language can be added to 5E that will accommodate the issue
of the Homeowners Association being responsible for the organization and distribution of irrigation water.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bryant Gimlin moved to change the language in Condition of Approval 1A to include the above mentioned
language, 5E to include "ditch water allocation" and the title from CZ to MZ. Stephan Mokray seconded.
Motion carried.
Bruce Fitzgerald moved to change the reference in the documents from 20.5 to County Road 21 %. Stephan
Mokray seconded. Motion carried.
Bryant Gimlin moved that Case MZ-609, along with the amendments, be forwarded to the Board of County
Commissioners along with the amended Conditions of Approval and Development Standards with the
EXHIBIT
Page-8-
COE. #laoq
Planning Commissions recommendation of approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes. Motion
carried unanimously.
Meeting adjourned at 3:30 p.m.
Respectfully submitted
Voneen Macklin
Secretary
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