HomeMy WebLinkAbout20022370 RESOLUTION
RE: GRANT CHANGE OF ZONE #589 FROM A(AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT FOR A MINOR SUBDIVISION WITH FOUR (4)
RESIDENTIAL LOTS - ELVA GRIFFITH / RIC HANSEN
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 Elva Griffith, 4545 Wheaton Drive #E-190,
Fort Collins, Colorado 80525, requesting a Change of Zone from the A (Agricultural) Zone
District to the E (Estate) Zone District for a Minor Subdivision with four (4) residential lots for a
parcel of land located on the following described real estate, to-wit:
Lot A of Recorded Exemption #3212; being part of
the SW1/4 of Section 31, Township 8 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, Ric Hansen, current owner, was represented by Mikal Torgerson, M.
Torgerson Architects, PC, 223 North College Avenue, Fort Collins, Colorado 80524, 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.
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 "Other" by the USDA "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
County's Right to Farm statement has been established which
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CHANGE OF ZONE (COZ#589) - ELVA GRIFFITH / RIC HANSEN
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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 23-2-40.6.2 -- 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 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. Granting of this Change of Zone will have minimal
impact on the surrounding land uses.
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 a Water Service Agreement with the North
Weld County Water District. The agreement has been approved by the
Weld County Attorney's Office. The applicant did propose the use of a
well for lawn and garden irrigation. However, the Office of the State
Engineer, Division of Water Resources, indicated that the well may not be
used on subdivided land. Allen Overton, North Weld County Water
District, has indicated that the Water Service Agreement is adequate to
serve the residences and the limited number of animal units allowed in
the E (Estate) Zone District. Planning Staff has required that the
Covenants for Griffith Minor Subdivision indicate the water limitations.
Further Covenants shall address overgrazing of dry pastureland. 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. 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
installed per the Weld County Department of Public Health and
Environment requirements and specifications.
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 classified by the County as a local
gravel road and requires a minimum 60 feet of right-of-way. The
right-of-way shall be verified and shown on the Final Plat. If the
right-of-way cannot be documented, it shall be dedicated on the final plat.
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This development will introduce approximately 50 additional vehicle trips
per day to the roadway system. The applicant will be required to enter
into an agreement with the County to proportionately share the cost of
improving Weld County Road 86. The cost will be based on a proportion
of the traffic generated by the development to the existing traffic.
The Weld County Department of Public Works has required that the
internal roadway right-of-way be sixty (60) feet in width, including
cul-de-sacs with a sixty-five (65) foot radius, and be dedicated to the
public. The typical roadway section of interior roadway shall be shown as
two 12-foot paved lanes with 4-foot gravel shoulders on the Final Plat.
The cul-de-sac edge of pavement radius shall be fifty (50) feet. Stop
signs and street name signs will be required at all intersections. The
roadside drainage shall be contained within the right-of-way.
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 will be required to submit an agreement with the
property's mineral owners stipulating that oil and gas activities
have been adequately incorporated into the design of the site and
that mineral owners concerns have been mitigated.
3) Soils on site may cause limitations for septic system installation.
The Weld County Department of Public Health and Environment
has required that each septic system be designed for site-specific
conditions, including, but not limited to: maximum seasonal high
groundwater, poor soils, and shallow bedrock.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Elva Griffith/Ric Hansen for a Change of Zone
from the A (Agricultural) Zone District to the E (Estate) Zone District for a Minor Subdivision with
four (4) residential lots 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 applicant shall submit a deed which indicates current ownership.
B. The Change of Zone plat shall be amended to delineate the following:
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1) Notes 1 through 20 shall be removed.
2) All future signs, including entrance signs, street signs and Stop
signs, shall be delineated on the plat.
3) The internal roads shall address all issues indicated in the Weld
County Department of Public Works referral, dated June 11,
2002.
4) The applicant shall address the concerns of the Weld County
Sheriff's Office as stated in a memo dated May 21, 2002, and
incorporate remedies for these concerns. Written evidence of a
solution shall be provided to the Department of Planning Services.
C. The Change of Zone Rat 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).
D. The cul-de-sac shall be moved south so as not to provide access to Lot B
of Recorded Exemption #3212. Lot B of Recorded Exemption #3212
shall access at the location approved through the Recorded Exemption
process.
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 Change of Zone allows for E (Estate) zone uses and shall comply
with the E (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 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.
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D. If required, the applicant shall obtain a Storm Water Discharge Permit
from the Water Quality Control Division of the Colorado Department of
Public Health and Environment. Silt fences shall be maintained on the
down gradient portion of the site during all parts of the construction phase
of the project.
E. 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 Health
Department, a Fugitive Dust Control Plan must be submitted.
F. 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.
G. 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.
H. Weld County's "Right to Farm," as provided in Appendix 22-E of the Weld
County Code, shall be placed on any recorded plat.
Weld County's "Right to Farm," as stated on this plat, shall be recognized
at all times.
J. 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.
K. Personnel from the Weld County Departments of Public Health and
Environment, Planning Services, and Public Works 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.
L. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
M. 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 and
maintenance of open space, streets, private utilities and other facilities
along with the enforcement of Covenants.
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N. Appropriate Building Permits shall be obtained prior to any construction
or excavation.
O. No development activity shall commence, nor shall any building permits
be issued on the property, until the Final Plan has been approved and
recorded.
P. Building Permits shall be obtained prior to the construction of any
building.
Q. 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.
R. Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Current adopted codes
include the 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.
S. 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.
T. 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
Chapter 23 of the Weld County Code.
U. Building height shall be measured in accordance with the 1997 UBC 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. Offset and setback requirements are measured to
the farthest projection from the building.
3. At the time of Final Plat:
A. Prior to recording the Final Plat, the applicant shall provide written
evidence from Weld County School District RE-9 which indicates that all
District requirements have been met.
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B. The applicant shall submit an Improvement Agreement regarding
collateral for all improvements to the Minor Subdivision for acceptance by
the Board of County Commissioners prior to recording the Final Plat.
C. The applicant shall submit Covenants for Griffith Minor Subdivision. The
Covenants shall be approved by the Weld County Attorney's Office prior
to recording the Final Plat. The Covenants shall address the issues of no
water being available for irrigation and protection of dry pastureland from
overgrazing.
D. The right-of-way for the internal roadway shall be dedicated to the
County.
E. The applicant shall determine the name of the internal road. Two
different names are recorded on submitted plans: Griffith Street, and
Rachel Drive.
F. The applicant shall submit approval of preliminary addresses and street
name from the Postal Service, Fire District, and Sheriff's Office.
G. The applicant shall provide for a bus stop/mail pick up area at the
entrance to Griffith Minor Subdivision or provide written evidence from
Weld County School District RE-9 and the Postal Service indicating that
an alternative was preferred.
H. The right-of-way shall be verified and shown on the Final Plat for Weld
County Road 86. If the right-of-way cannot be documented, it will be
dedicated on the final plat.
The applicant shall enter into an agreement with Weld County to
proportionally share the cost of improvements to Weld County Road 86.
The applicant shall submit a proposed agreement with the Final Plat
application.
J. All landscaping within the site distance triangles must be less than 3.5
feet in height at maturity, and noted on the Landscape Plan. The bus
stop bench and mailboxes must be outside the sight distance triangles.
K. Roadway and grading plans along with details must be approved prior to
recording the Final Plat. Indicate Stop signs and street names on final
roadway plans.
L. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations on the Final Plat.
M. The applicant shall provide a road design prepared by a professional
engineer along with the Final Plat submittal.
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N. A final Drainage Report and construction plans, conforming to the
Drainage Report, shall be approved prior to recording Final Plat.
O. Prior to recording the Final Plat, the applicant shall submit a digital file of
all drawings associated with the Final Plan 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).
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
WEL COUNTY COL RADO
ATTEST: J4 `/ i" ' „1 °.
Glen aad, Chair
Weld County Clerk to a to &Loy
2 ` 1 ��•, David E. ng, Pro-Tem
BY: Ca
Deputy Clerk to the � "://fr istek
M. Je
A ED AST • 7
TaAH. Jr
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Robert D. Masden
Date of signature: 94
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