HomeMy WebLinkAbout20022371 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, along with amendments to Condition of Approval 4M, addition of 2C,
amendment to language in 1A,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-589
PLANNER: S Lockman
APPLICANT: Elva Griffith
REQUEST: A Minor Subdivision Change of Zone from the A (Agricultural)to E (Estate)Zone for four
(4) residential lots.
LEGAL: Lot A RE-3212 being pt. SW4 Section 31, TBN, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to Weld County Road 86; 3/4 mile west of Weld County Road 29
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"Other" 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 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.
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
a Water Service Agreement with 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
2002-2371 r
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Resolution MZ-589
Elva Griffith
Page 2
Agreement is adequate to serve the residences and the limited number of animal units
allowed in the 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 Chapter24 of the Weld County Code in regard
to water and sewer service. Sewer will be provided by Individual Sewage Disposal Systems
(ISDS) and the overall density meets the current Department policy. Each lot for the
proposed minor subdivision shall have an ISDS installed per the Weld County Department
of Public Health and Environment requirements and specifications.
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 86 is classified by the County as a local gravel road and requires a minimum 60-foot
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. 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 23-2-30.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 will be required to submit an agreement with the properties 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.
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)for Four(4)Residential Lots is conditional upon the
following:
Resolution MZ-589
Elva Griffith
Page 3
1. Prior to scheduling the Board of County Commissioner's Hearing:
A. The applicant shall either submit to the Weld County Department of Planning Services a
signed copy of an agreement with the property mineral owners or evidence 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)
2. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) Notes 1 through 20 shall be removed. (Departments of Planning Services and
Public Health and Environment)
2) All future signs including entrance signs, street signs and stop signs shall be
delineated on the plat. (Departments of Planning Services and Public Works)
3) The internal roads shall address all issues indicated in the Weld County
Department of Public Works referral dated June 11, 2002. (Department of Public
Works)
4) The applicant shall address the concerns of the Weld County Sheriffs Department
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. (Sheriffs Office)
B. 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)
C. The cul-de-sac shall be moved south so as not to provide access to Lot B of RE-3212. Lot
B of RE-3212 shall access at the location approved through the Recorded Exemption
process.
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. (Department of Planning Services)
B. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
C. A Weld County Septic Permit is required for each proposed septic system,which and shall
be installed according to the Weld County individual sewage disposal system regulations.
Resolution MZ-589
Elva Griffith
Page 4
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. 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 the Environment. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
F. 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)
G. 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)
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. (Departments of Planning Services and Public Health and
Environment)
I. Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
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.
(Department of 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.
(Department of Planning Services)
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
M. 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 and maintenance of open space,streets, private utilities and other
facilities along with the enforcement of covenants. (Department of Planning Services)
N. Appropriate Building Permits shall be obtained prior to any construction or excavation.
(Department of Planning Services)
Resolution MZ-589
Elva Griffith
Page 5
O. 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)
P. Building permits shall be obtained prior to the construction of any building. (Building
Inspection)
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. (Building Inspection)
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 UBC, 1998 IMC, 1997
IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Building Inspection)
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. (Building
Inspection)
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 the Chapter
23 of the Weld County Code. (Building Inspection)
U. 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. Offset and setback requirements are measured to the farthest
projection from the building. (Building Inspection)
4. 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.
(Department of Planning Services)
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. (Department of Planning Services)
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. Covenants
shall address the issues of no water being available for irrigation and protection of dry
pastureland from overgrazing. (Department of Planning Services)
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
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Resolution MZ-589
Elva Griffith
Page 6
E. The applicant shall determine the name of the internal road. Two different names are
recorded on submitted plans: Griffith Street, and Rachel Drive. (Departments of Planning
Services and Public Works
F. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District and Sheriffs Department. (Department of Planning Services)
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. (Department of Planning
Services)
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. (Department
of Public Works)
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. (Department of Public Works)
J. All landscaping within the site distance triangles must be less than 3Yz feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
K. Roadway and grading plans along with details must be approved prior to recording final
plat. Indicate stop signs and street names on final roadway plans. (Department of Public
Works)
L. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Public Works)
M. The applicant shall provide a road design prepared by a professional engineer along with
the final plat submittal. (Department of Public Works)
N. A final drainage report and construction plans,conforming to the drainage report, shall be
approved prior to recording final plat. (Department of Public Works)
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). (Department of Planning Services)
Resolution MZ-589
Elva Griffith
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.
\ M
Voneen Macklin
Secretary
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