HomeMy WebLinkAbout20022358 RESOLUTION
RE: GRANT CHANGE OF ZONE #609 FROM A(AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT FOR A SIX (6) LOT MINOR SUBDIVISION, MOOREA
MANOR - STEVEN KLEN AND LORI GUTTENSTEIN
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 18th day of September, 2002, at 10:00
a.m. for the purpose of hearing the application of Steven Klen and Lori Guttenstein, 6909
Shannon Court, Loveland, Colorado 80538, requesting a Change of Zone from the
A (Agricultural) Zone District to the E (Estate) Zone District for a six (6) lot Minor Subdivision,
Moorea Manor, for a parcel of land located on the following described real estate, to-wit:
Lot A of Recorded Exemption #2812; being part of
the W1/2 of Section 2, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Jeffrey Couch, Team Engineering, Inc.,
906 Richmond Drive, Unit 2, Fort Collins, Colorado 80526, 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 23-2-40.8 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.
1) Section 22-2-60.A.1 (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 U.S.D.A. "Farmlands of National
Importance Map," dated 1979, and lies within the A (Agricultural)
Zone District.
2) Section 22-2-60.G.2 (A.Policy 7) states, "Weld County recognizes
the Right to Farm. In order to validate this recognition, Weld
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County's Right to Farm statement has been established which
shall be incorporated on all pertinent land use plats." The
Department of Planning Services will require Weld County's Right
to Farm statement to appear on all recorded plats.
3) Section 22-2-60.C.1 (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
new residents to the proposed subdivision that the surrounding
community is agricultural in nature. 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. Appropriate documentation was submitted to, and approved by,
the Weld County Attorney's 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 the
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 geotechnical
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 June 17, 2002, the District Fire Chief verified the Conditions of
Approval regarding access requirements, hydrant location and water
main extension, established at the Sketch plan phase.
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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 21.5 is designated as a collector and
requires an 80-foot right-of-way. The additional ten (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." The Minor Subdivision roadways serving nine or
fewer lots may be gravel. The minimum gravel roadway width is 24 feet,
with six 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 23-2-40.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 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Steven Klen and Lori Guttenstein for a Change
of Zone from the A (Agricultural) Zone District to the E (Estate) Zone District for a six (6) lots
Minor Subdivision, Moorea Manor, on the above referenced parcel of land be, and hereby is,
granted subject to the following conditions:
1. 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:
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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.
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.
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 Board's direction. The 30-foot right-of-way for the driveway of Lot 6
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.
D. Weld County Road 21.5 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. 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 Change of Zone Plat, as well as provide a recorded
copy of the right-of-way agreement.
2. 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 E (Estate) Zone District as set forth in Chapter 23,
Division 5 of the Weld County Code.
B. Water service shall be provided by the Central Weld County Water
District.
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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. 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.
F. If land development creates more than a 25-acre contiguous disturbance,
or exceeds six (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.
G. 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.
H. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
I. 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.
J. Appropriate Building Permits shall be obtained prior to any construction
or excavation.
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.
L. A separate building permit shall be obtained prior to any construction.
Buildings that meet the definition of an Agriculturally Exempt Building, per
the requirements of Section 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 Department of Planning Services
and an electrical permit is required for any electrical service to the
building.
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M. A plan review is required for all buildings except for Agriculturally 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.
N. 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: 1997 Uniform Building Code (UBC), 1998
International Mechanical Code (IMC), 1997 International Plumbing Code
(IPC), 1999 National Electrical Code (NEC), and Chapter 29 of the Weld
County Code.
O. Each 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.
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.
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.
3. 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).
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4. The Final Plat application shall adhere to Section 24-3-50 of the Weld County
Code and specifically address the following:
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 payments.
B. The eighty (80)foot right-of-way for County Road 21.5, as well as the
right-of-way for the internal roadway, shall be dedicated to the County.
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 Sheriff's Office, the Weld County Paramedic
Services, and the servicing United States Post Office (USPO) for review
and approval.
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 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.
E. A Homeowners' 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.
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 five-year 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 five-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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: , ,, , -
. .,i! i-' � G n Vaad, CRair
Weld County Clerk to ?:sBa :' 0
David E. ong, Pro- m
BY: Or
Deputy Clerk to the Bow /
M. J. Geile
AP D AS TO F i VA,/
ram H. Jgrke
y Attorne �i ra
Robert D. Masden
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Date of signature: 12S
2002-2358
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