HomeMy WebLinkAbout20020106.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #566 FROM A (AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT FOR A FOUR (4) LOT MINOR SUBDIVISION -
GUY JENSEN
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 30th day of January, 2002, at 10:00 a.m.
for the purpose of hearing the application of Guy Jensen, 6706 Weld County Road 23, Fort
Lupton, Colorado 80621, 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:
Lot B of Recorded Exemption #2303; being part of
the E1/2 of Section 35, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Kirk Goble, The Bell 5 Land Company,
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 22-2-60 (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
"Prime" by the U.S.D.A. "Farmlands of National Importance Map," dated
1979, and lies within the A (Agricultural) Zone District. Although this
parcel is classified as "Prime," 20 acres is not considered to be a
sufficient size to farm economically. 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
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CHANGE OF ZONE (COZ #566) - GUY JENSEN
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Farm statement to appear on the recorded plat. 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 23-2-40.B.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 for any municipality. 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. The Department of Planning Services believes
granting this Change of Zone will have a minimal impact on the
surrounding land uses which are primarily rural residential.
c. Section 23-2-40.B.3 -- Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The applicant has purchased and installed four water taps from
the Central Weld County Water District, and the Fort Lupton Fire
Protection District will provide fire protection. In a letter dated March 20,
2001, the Fort Lupton Fire Marshal indicated the existing fire hydrant
cannot be upgraded until a larger water main is installed. Although the
Fire Marshal recommended the developer upgrade the hydrant, he
stipulated that is not a fire code requirement. The Weld County
Department of Public Health and Environment has reviewed this proposal
and has indicated the applicant has satisfied the requirements of Chapter
24 of the Weld County Code in regard to sewer service. Sewer will be
provided by individual sewage disposal systems and the overall density
meets the current Department policy. Each lot for the proposed minor
subdivision shall have an Individual Sewage Disposal System (I.S.D.S.)
installed per the Weld County Department of Public Health and
Environment requirements and specifications. The septic systems shall
be designed for site-specific conditions including, but not limited to,
maximum seasonal high groundwater, poor soils, and shallow bedrock.
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 23 is designated as a collector in the
Weld County Comprehensive Transportation Plan and requires a
minimum 80-foot right-of-way. The rezoning plat submitted includes
dedication of an additional 10 feet which adequately addresses right-of-
way needs. The applicant has requested the existing access to Lot 1
remain in use as long as the parcel continues in agricultural production.
This is acceptable but the existing access to Lot 1 should be closed and a
new internal access constructed when any new building permits are
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CHANGE OF ZONE (COZ#566) - GUY JENSEN
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issued on Lots 2, 3, or 4. At the time of final plat submittal a
Development Standard will be required which will stipulate the relocation
of access to Lot 1. Roads within minor subdivisions do not require
paving. The minimum gravel roadway width is 26 feet. The width shown
on the rezoning plat on the cross section is 20 feet. Prior to recording the
rezoning plat, the roadway width dimension must be increased to 26 feet.
Prior to recording of the final plat, roadway construction plans must be
submitted to and approved by the Department of Public Works. Stop
signs and road name signs will be required. Landscaping in the
intersection sight distance triangles must be less than 3.5 feet high at
maturity.
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) The proposed Change of Zone does not lie within any Overlay
District identified by the maps officially adopted by Weld County.
2) The applicant has indicated they are corresponding 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.
3) Soils on site are designated as containing moderate to severe
limitations for septic system installation. However, the proposed
lot sizes are of sufficient size for a primary and secondary
absorption field. The soils report indicates the soils located on
site have a good potential for urban and recreational
development. Due to the high groundwater located on site,
conventional basements may be an issue unless engineered fill
pads are constructed which would elevate each home site. A note
on the Change of Zone plat will notify potential purchasers of the
possibility that a high water table may be encountered.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Guy Jensen for a Change of Zone from the
A (Agricultural) Zone District to the E (Estate) Zone District for a four (4) lot Minor Subdivision
on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. The Change of Zone Plat map shall be submitted to the Department of Planning
Services for recording within 30 days of approval by the Board of County
Commissioners.
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2. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) The width of the internal roadway shall be increased to 26 feet.
2) All future signs including entrance signs, street signs and Stop
signs 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.
B. The applicant shall submit a digital file of all drawings associated with the
Change of Zone application. Acceptable CAD formats are .dwg, .dxf,
.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 6 is not acceptable).
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 Change of Zone allows for Estate uses and shall comply with the
Estate Zone District requirements as set forth in Section 23 of the Weld
County Code. The Minor Subdivision shall consist of four(4) residential
lots.
B. Water service shall be provided by the Central Weld County Water
District.
C. A Weld County Septic Permit is required for each proposed home septic
system and shall be installed according to the Weld County I.S.D.S.
Regulations. Each septic system shall be designed for site-specific
conditions including, but not limited to, high groundwater, poor soils, and
shallow bedrock.
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.
E. 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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
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F. The site shall maintain compliance at all times with the requirements of
the Weld County Departments of Public Works, Public Health and
Environment, and Planning Services.
G. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
H. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County
Code, shall be recognized at all times.
Appropriate Building Permits shall be obtained prior to any construction
or excavation.
J. 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.
K. There is a possibility that a high water table may be encountered during
construction activities.
4. At the time of Final Plat submittal:
A. The applicant shall provide written evidence from Weld County School
District RE-8 illustrating an agreement between the applicant and the
School District has been met, including the location of a bus stop if
required.
B. The applicant shall enter into an Improvement Agreement Regarding
Collateral for all Improvements to the Minor Subdivision.
C. The eighty (80) foot right-of-way for Weld County Road 23, as well as the
right-of-way for the internal roadway, shall be dedicated to the County.
D. Requirements for the relocation of the access to Lot 1 shall be included in
the Development Standards.
E. Roadway and drainage construction plans shall be submitted to, and
approved by, the Department of Public Works prior to recording the Final
Plat.
F. The applicant shall submit evidence of approval of preliminary addresses
from the Postal Service, Fire District and Weld County Sheriffs Office.
G. Prior to recording the Final Plat the applicant shall submit to the Weld
County Department of Planning Services a signed copy of an agreement
with the properties mineral and leasehold owners.
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CHANGE OF ZONE (COZ #566) - GUY JENSEN
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of January, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
�/�� WELD COUNTY, COLORADO
/ D
ATTEST: etil / adh EXCUSED DATE OF SIGNING (AYE)
Gle aad, air
Weld County Clerk to the Board
David E. Lon• Pro-Ter ,
BY:
--to the Board
M. J. G
a� 'AS^To FO : EXCUSED DATE OF SIGNING (AYE)
illia H. Jerke
omy Robert : Masden
Date of signature: 01,A,
2002-0106
PL1580
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