HomeMy WebLinkAbout20050715.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, MZ#1060, FROM A(AGRICULTURAL) ZONE DISTRICT
TO E (ESTATE) ZONE DISTRICT - GARY AND JUDY HARKLESS
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 23rd day of March,2005,at 10:00 a.m.for the
purpose of hearing the application of Gary and Judy Harkless,33439 Weld County Road 37, Eaton,
Colorado 80615, requesting Change of Zone, MZ#1060,from the A(Agricultural)Zone District to
the E(Estate)Zone District for a Minor Subdivision with nine(9)residential lots for a parcel of land
located on the following described real estate, to-wit:
Lot B of Recorded Exemption#2641;being part of the
SE1/4 of Section 13, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Sean Phipps, Pickett Engineering, Inc.,808
8th Street, Greeley, Colorado 80631, 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 23-2-40.6 of the Weld County Code as
follows:
a. Section 23-2-40.6.1 -- The proposal is consistent with Chapter 22 of the
Weld County Code. Section 22-2-60.G.1 (A.Policy 7.1)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 will 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 it is not located
adjacent to existing incorporated municipalities, subdivisions, or
unincorporated town sites.
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CHANGE OF ZONE (MZ#1060) - GARY AND JUDY HARKLESS
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b. Section 23-2-40.B.2—The uses which will be allowed on the subject property
will be compatible with the surrounding land uses. The proposed site does
not lie within the Urban Growth Boundary or Intergovernmental Agreement
area for any municipality. The subject property lies within the three-mile
referral area of the Town of Eaton and the City of Greeley. The Town of
Eaton, in its referral dated December 14, 2004, found the proposed
development to have no conflicts with its interests. The City of Greeley, in
its referral dated December 22, 2004, had the following five concerns:
dedicating additional right-of-way from the centerline of Weld County
Road 37; preserving the existing trees on the site; paving the internal road;
establishing sidewalks and curbs;and helping to provide connectivity with the
internal road to future subdivisions. The City of Greeley's recommendations
have been incorporated into the Conditions of Approval. The Department of
Planning Services has not received any correspondence from surrounding
property owners. 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 this
Change of Zone will have a minimal impact on the surrounding land uses.
c. Section 23-2-40.6.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The existing home on Lot 6 has an existing water tap with the North
Weld County Water District, and the applicant has a Water Service
Agreement with the North Weld County Water District for the remaining eight
(8) lots, which has been 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.
Sewer will be provided by Individual Sewage Disposal Systems and the
overall density meets the current Department policy,with one septic system
per 3.7 acres. The preliminary percolated test report conducted by Northern
Colorado Geotech, dated November 21, 2004, states most septic systems
could be conventional systems.
d. Section 23-2-40.6.4 -- 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 37 is classified by the County as a collector
status road and requires a minimum 80-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 86 additional vehicle trips per day to the roadway
system.
e. Section 23-2-40.6.5 states, "That, in those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:"
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1) The proposed Change of Zone does not lie within any overlay district
identified by the maps officially adopted by Weld County. Building
Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Program.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Gary and Judy Harkless for Change of Zone, MZ#1060,
from the A(Agricultural)Zone District to the E (Estate)Zone District for a Minor Subdivision with
nine (9) 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 Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1060.
2) All proposed lot lines and lots shall be removed from the plat.
3) All proposed septic envelops shall be removed from the plat.
4) The internal road shall be removed from the plat.
5) All non-recorded easements shall be removed from the plat.
6) The plat shall be amended to illustrate the appropriate setbacks from
wellheads and tank batteries according to Section 23-2-440.L of the
Weld County Code.
B. The applicant shall submit the name of the street within the proposed
development,along with the street addresses,for review to the Weld County
Sheriff's Office, Department of Planning Services, Postal Service, and
emergency responders. Evidence of their approval shall be submitted to the
Department of Planning Services.
C. The applicant shall provide written evidence to the State of Colorado, Division
of Water Resources,indicating minimum fire flow required by the Eaton Fire
Protection District can be satisfied (through the proposed well), and how
Tracts A and B will be irrigated. Written evidence of approval by the State of
Colorado, Division of Water Resources, shall be submitted to the
Department of Planning Services.
D. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
E. Prior to recording the plat the applicant shall attempt to address the
requirements and concerns of the City of Greeley, as stated in the referral
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response dated December 22, 2004. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
F. 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).
2. The Change of Zone is conditional upon the following and each shall be placed on
the Change of Zone plat as notes:
A. The Change of Zone shall comply with the E (Estate) Zone District
requirements as set forth in Chapter 23 of the Weld County Code. The Minor
Subdivision shall consist of nine (9) 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 in accordance with 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. Language for the preservation and/or protection of the second absorption
field envelope shall be placed in the development Covenants. The
Covenants shall state that activities such as landscaping (i.e. planting of
trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds,
etcetera) are expressly prohibited in the designated absorption field site.
E. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one (1) acre in area. Contact the
Colorado Department of Public Health and Environment, Water Quality
Control Division, at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
F. 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 Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
G. In accordance with the Regulations of the Colorado Air Quality Control
Commission,any development that disturbs more than five(5)acres of land
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must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. 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.
"Weld County's Right to Farm," as provided in Appendix 22-E of the Weld
County Code, shall be placed on any recorded plat.
J. The site shall maintain compliance at all times with the requirements of Weld
County Government.
K. Weld County Government personnel 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. Building permits shall be obtained prior to the construction of any building.
Building permits are required for the principle dwelling and for accessory
buildings to the principle dwelling.
M. A plan review is required for each building. Two complete sets of plans are
required when applying for each permit. Each building may be required to be
designed by a Colorado registered engineer.
N. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include the
2003 International Building Code,2003 International Mechanical Code,2003
International Plumbing Code, 2003 International Fuel Gas Code, 2002
National Electrical Code, 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. Fire resistance of walls and openings,construction requirements, maximum
building height, and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by the Weld County Code.
Q. Building height shall be measured in accordance with the 2003 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction, and to determine
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compliance with the Bulk Requirements from Chapter 23 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.
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
S. 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.
T. Appropriate building permits shall be obtained prior to any construction,
grading, or excavation.
U. No development activity shall commence, nor shall any building permits be
issued, until the final plan has been approved and recorded.
V. Construction on or around any ditch which conveys water to surrounding
properties shall be done so that the delivery of water is not impaired.
W. Effective January 1,2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
X. Any disturbance of wetlands shall require the applicant to contact the Army
Corps of Engineers for permits pursuant to Section 404 of the Clean Water
Act.
3. At the time of Final Plat:
A. The plat shall delineate a 75-foot easement for the New Cache La Poudre
Irrigation Company, per their referral dated November 19, 2004.
B. The Department of Public Works, in a referral dated January 18, 2005,
indicated numerous requirements regarding the internal road and drainage.
The applicant shall address these requirements and concerns prior to
recording the final plat. Any questions pertaining to roadway improvements
or drainage shall be addressed to Peter Schei, Civil Engineer,for the Weld
County Department of Public Works.
C. The applicant shall address the requirements and concerns of the Sheriffs
Office, as stated in the referral response dated November 30, 2004, to
discuss the Crime Prevention Through Environmental Design Program and
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any available options for the site. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
D. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for Improvements for all improvements to the Minor
Subdivision for acceptance by the Board of County Commissioners prior to
recording the final plat.
E. The applicant shall submit Covenants for Faith Estates Subdivision. The
Covenants shall be approved by the Weld County Attorney's Office and
County staff prior to recording the final plat.
F. The right-of-way for the internal roadway shall be dedicated to the County.
G. Copies of the preliminary addresses shall be included in the final plan
application for review by referral agencies.
H. 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.
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.
J. A Final Drainage Report,and construction plans conforming to the Drainage
Report, shall be approved prior to recording the final plat.
K. Easements shall be shown in accordance with County standards and/or
Coordinated Utilities Advisory Committee recommendations on the final plat.
L. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
M. The applicant shall submit copies of finalized water agreements with the
North Weld County Water District prior to recording the final plan.
N. The applicant shall provide the Department of Planning Services with written
evidence from the Graham Drainage Ditch Company and the New Cache La
Poudre Irrigating Company indicating all requirements and concerns have
been addressed, or submit evidence that an adequate attempt has been
made to mitigate its concerns.
O. Prior to recording the final plat,the applicant shall provide written evidence
from Weld County School District RE-2 which indicates that all District
requirements have been met.
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P. 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).
Q. Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setback requirements,including the
100-foot setback to any well or ditch.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/
ATTEST:
William H.f rke, Chair
Weld County Clerk to th �>>
M. J. Geile, Pro-Tern
Deputy Clerk to the Boa EXCUSED
David E. Long
AP ED AS TO F EXCUSED
Robert D. Ma den
unty Attorney a_g.
Glenn Val
Date of signature: 4/2
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