HomeMy WebLinkAbout20020107.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas 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#: Z-566
PLANNER: L. Light
APPLICANT: Guy Jensen/Blue Sky Estates
REQUEST: A Minor Subdivision Change of Zone from the A(Agricultural)to E
(Estate)Zone for Four Lots.
LEGAL: Lot B of Recorded Exemption 2303 being a part of the E2 of Section
35, Township 2 North, Range 67 West of the 6' Prime Meridian, Weld
County, Colorado.
LOCATION: West of and adjacent to Weld County Road 23; north of and adjacent to
WCR14Yz
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance 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"Prime" by the USDA"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 of 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 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 23-2-30.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 any new residents to the area that the surrounding
community is agriculture in nature. The Department of Planning Services' believes that
the granting of this change of zone will have a minimal impact on the surrounding land
uses which are primarily rural residential in character.
J ',Min
e . t 2002-0107
Resolution Z-566
Guy Jensen
Page 2
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." The
applicant has purchased and installed four water taps from the Central Weld County
Water District.
The Fort Lupton Fire Protection District will provide fire protection. In a letter dated
March 20, 2001 the 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 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 (ISDS)
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 23-2-30.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."
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 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 Public Works Department. 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 23-2-30.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:"
a. The proposed change of zone does not lie within any overlay district
identified by the maps officially adopted by Weld County.
r", Resolution Z-566
Guy Jensen
Page 3
b. 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.
c. Soils onsite 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 onsite have a good potential for urban and recreational
development. Due to the high groundwater located onsite 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.
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 Four 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 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 Slate 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 map shall be submitted to the Department of Planning
Services for recording within 30 days of approval by the Board of County
Commissioners.
3. 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.
(Department of Public Works)
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. (Departments of Planning Services and Public Works)
�-. Resolution Z-566
Guy Jensen
Page 4
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 (Group
6 is not acceptable). (Department of Planning Services)
4. 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:
1) 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.
(Department of Planning Services)
2) Water service shall be provided by Central Weld County Water District.
(Department of Public Health and Environment)
3) A Weld County Septic Permit is required for each proposed home septic
system and 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 high
groundwater, poor soils, and shallow bedrock. (Department of Public Health
and Environment)
4) 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)
5) 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)
6) 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)
7) Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Department of Planning Services)
8) Weld County's Right to Farm, as stated in Chapter 22 of the Weld County
Code shall be recognized at all times. (Department of Planning Services)
9) Appropriate Building Permits shall be obtained prior to any construction
or excavation. (Department of Planning Services)
,i-N Resolution Z-566
Guy Jensen
Page 5
10) 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)
11) There is a possibility that a high water table may be encountered during
construction activities. (Department of Planning Services)
5. 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. (Department of Planning Services)
B. The applicant shall enter into an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision. (Department of Planning Services)
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. (Department of Planning
Services)
D. Requirements for the relocation of the access to Lot 1 shall be included in the
development standards. (Department of Public Works)
E. Roadway and drainage construction plans shall be submitted to and approved by the
Public Works Department prior to recording the final plat. (Department of Public
Works)
F. The applicant shall submit approval of preliminary addresses from the Postal
Service, Fire District and Sheriff's Department. (Department of Planning Services)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Cristie Nicklas
Cathy Clamp
Fred Walker
Stephan Mokray
John Folsom
Luis Llerena
Bruce Fitzgerald
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.
Resolution Z-566
Guy Jensen
Page 6
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 December 18, 2001.
Dated the 18th of December, 2001.
Voneen Macklin
Secretary
r
consist of non agricultural related items. The ordinance states that it must be screened from public rights-of-
way or adjoining properties. Mr.Schaal added that he has already started the process of getting the owners
of the vehicles to pick them up.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cristie Nicklas moved that Case Z-565, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the 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;Cathy Clamp,yes; Cristie Nicklas,yes; Fred Walker,
yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: Z-566
APPLICANT: Guy Jensen
PLANNER: Lauren Light
LEGAL DESCRIPTION: Lot B of RE-2303; Pt. of the E2 of Section 35, T2N, R67W of the
6th P.M.,Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to E (Estate).
LOCATION: West of and adjacent to WCR 23;north of and adjacent to WCR 14
1/2.
Lauren Light, Department of Planning Services presented Case Z-566, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the
application.
Kurt Goble, agent for the applicant, addressed the mineral owners issues. Mr. Goble stated that they are in
,.� contact with both of them and he does not anticipate any problems with completing the agreements with either
entity.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom asked Drew Scheltinga, Department of Public Works, about the WCR 14.5 road status being
collector or not. Mr.Scheltinga stated that he thought WCR 14.5 is a local on the present plan. Mr. Fitzgerald
asked about the ditch being impacted if the right-of-way is expanded. Mr. Goble stated that the ditch being
referred to is primarily for Lot 1 and some drainage issues. Mr.Scheltinga stated that it is not an uncommon
situation to obtain the ditch with the policy being to relocate the ditch at the county expense.
Cristie Nicklas moved that Case Z-566, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the 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;Cathy Clamp,yes; Cristie Nicklas,yes; Fred Walker,
yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: USR-1363
APPLICANT: Morning Fresh Farms, Inc.
PLANNER: Lauren Light
LEGAL DESCRIPTION: Part of Section 15, T3N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for
a Livestock Confinement Operation (Commercial Egg Farm, l'
Compost Sales,Wood Grinding Operation,and Two(2)Employee • `
Residences) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to WCR 31; south of and adjacent to WCR k
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