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Home My WebLink About20050955.tiff RESOLUTION RE: GRANT CHANGE OF ZONE,MZ#1069, FROM A(AGRICULTURAL)ZONE DISTRICT TO E (ESTATE) ZONE DISTRICT - DAVID AND SUSANNE SCHWIND 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 6th day of April, 2005, at 10:00 a.m. for the purpose of hearing the application of David and Susanne Schwind, 17900 Weld County Road 5, Berthoud,Colorado 80513,requesting Change of Zone, MZ#1069,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#2651;being part of the NW1/4 of Section 4, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was present at said hearing, 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 23-2-40.6.1 -- 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. 2005-0955 PL1770 (r ;ft ,4 /7CbY)APL CHANGE OF ZONE (MZ#1069) - DAVID AND SUSANNE SCHWIND PAGE 2 b. Section 23-2-40.B.2—The uses which will be allowed on the subject property by granting this Change of Zone 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 Berthoud,the Town of Johnstown,the Town of Mead and Boulder County. The Towns of Berthoud and Johnstown, in their referrals dated December 28, 2004, and December 20,2004,respectively,found the proposed development to have no conflicts with their interests. The Town of Mead returned a referral,dated December 23,2004,objecting to the County considering this application as an unincorporated subdivision. The Town requests the applicant petition to the Town for annexation. The proposed subdivision is outside of the Urban Growth Boundary area for the Town and is not within an Intergovernmental Agreement Area, therefore, the applicant is not required to prepare annexation documents to the Town. The Department of Planning Services has received one letter from a surrounding property owner regarding ditch access and use. The Department of Planning Services is requiring that the applicant provide evidence of an agreement with the ditch company prior to recording the plat. 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 proposed Lot 2 has an existing water tap with the Little Thompson Water District. The applicant has a Water Service Agreement with the Little Thompson Water District for the remaining three (3)lots. The agreement 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. No percolation data was submitted in the application materials;however,due to the existing septic systems percolation data,the Department of Public Health and Environment requests that the applicant place primary and secondary septic envelopes on each lot(secondary only on Lot 2) that meet all setbacks. Language for the preservation and/or protection of the second absorption field envelope shall be placed in the development Covenants. The Covenants should state that activities such as landscaping(i.e.planting of trees and shrubs)and construction(i.e.auxiliary structures,dirt mounds,etcetera)activities are expressively prohibited in the designated absorption field envelopes. 2005-0955 PL1770 CHANGE OF ZONE (MZ#1069) - DAVID AND SUSANNE SCHWIND PAGE 3 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 Roads 38 and 5 are classified by the County as gravel local roads and require 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 29 additional vehicle trips per day to the roadway system. The applicant shall be required to provide the Department of Public Works with a Dust Mitigation Plan for Weld County Roads 38 and 5 for review and approval. e. Section 23-2-40.6.5--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. 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 David and Susanne Schwind for Change of Zone, MZ #1069, from the A (Agricultural) Zone District to the E (Estate) Zone District 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-1069. 2) All proposed lot lines and lots shall be removed from the plat. 3) The internal road shall be removed from the plat. 4) All non-recorded easements shall be removed from the plat. 5) The Ish Ditch shall be delineated on the plat with all the required setbacks. 6) Weld County's Right to Farm statement, Appendix 22-E shall be placed on the plat. B. The applicant shall attempt to address the requirements and concerns of the Town of Mead,as stated in the referral response dated December 23,2004. 2005-0955 PL1770 CHANGE OF ZONE (MZ#1069) - DAVID AND SUSANNE SCHWIND PAGE 4 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall attempt to address the concerns of the letter from James Brunelle received February 2,2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. 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 four (4) residential lots. B. Water service shall be obtained from the Little Thompson 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. 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 acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment atwww.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 2005-0955 PL1770 CHANGE OF ZONE (MZ#1069) - DAVID AND SUSANNE SCHWIND PAGE 5 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 must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. H. "Weld County's Right to Farm,"as provided on this plat,shall be recognized at all times. The site shall maintain compliance at all times with the requirements of the Weld County Government. J. 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. K. Building permits shall be obtained prior to the construction of any building. Building permits are required for the principle dwelling and for buildings accessory to the principle dwelling. L. 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. M. 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. N. 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. O. 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. P. 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 2005-0955 PL1770 CHANGE OF ZONE (MZ#1069) - DAVID AND SUSANNE SCHWIND PAGE 6 compliance with the Bulk Requirements from Chapter23 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. Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. R. 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. S. Appropriate building permits shall be obtained prior to any construction, grading, or excavation. T. No development activity shall commence, nor shall any building permits be issued on the property, until the Final Plan has been approved and recorded. U. Construction on or around any ditch, which conveys water to surrounding properties, shall be done so that the delivery of water is not impaired. V. 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. 3. At the time of Final Plat: A. The Department of Public Works, in a referral dated January 24, 2005, has numerous requirements regarding the internal road and drainage. The applicant shall address these concerns/requirements 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. B. The applicant shall submit an Improvements 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 The Highlands Subdivision. The Covenants shall be approved by the Weld County Attorney's Office and County staff prior to recording the final plat. 2005-0955 PL1770 CHANGE OF ZONE (MZ#1069) - DAVID AND SUSANNE SCHWIND PAGE 7 D. The right-of-way for the internal roadway shall be dedicated to the County. E. Primary and secondary envelopes shall be placed on each lot(secondary only on Lot 2). All septic system envelopes must meet all setbacks, including the 100-foot setback to any well and the Ish Ditch. F. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development Covenants. The Covenants shall state that activities such as permanent landscaping, structures, dirt mounds, or other items are expressly prohibited in the absorption field site. G. The existing improvements on Lot 2 shall be delineated on the plat,including the appropriate location of the existing septic system. 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 Utility Board 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 prior to recording the final plat. M. The applicant shall submit copies of finalized water agreements with the Little Thompson Water District prior to recording the final plat. N. Written evidence from the Ish Ditch Company indicating all requirements and concerns have been addressed,or evidence that an adequate attempt has been made to mitigate their concerns,shall be submitted to the Department of Planning Services. O. Prior to recording the final plat,the applicant shall provide written evidence from St. Vrain School District RE-1J which indicates that all District requirements have been met. P. The applicant shall submit the name of the street within the proposed development,along with the street addresses,to the Weld County Sheriffs 2005-0955 PL1770 CHANGE OF ZONE (MZ#1069) - DAVID AND SUSANNE SCHWIND PAGE 8 Office, Department of Planning Services, Postal Services,and Emergency responders for review. Evidence of their approval shall be submitted to the Department of Planning Services. Q. 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 6th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO M�� William H. rke, Chair 1861 t£ _ Clerk to the Board tzir 21 eile, Pro-Tern ®� a-- uty Clerk to the Board EXCUSED D 'd . Lon AP O D AS TO • Robe D. Masde un Attorney Glenn V a Date of signature: 4/05- 2005-0955 PL1770 Hello