HomeMy WebLinkAbout20053505.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, MZ#1081, FROM A(AGRICULTURAL)ZONE DISTRICT
TO E (ESTATE) ZONE DISTRICT FOR NINE (9) LOT MINOR SUBDIVISION WITH
SINGLE FAMILY RESIDENTIAL LOTS - GOLD STONE CENTER, LLC
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 21st day of December,2005,at 10:00 a.m.for
the purpose of hearing the application of Gold Stone Center, LLC, 1714 Topaz Drive, Suite 240,
Loveland, Colorado 80537, requesting Change of Zone,MZ#1081,from the A(Agricultural)Zone
District to the E (Estate) Zone District for a nine (9) lot Minor Subdivision with single family
residential lots, for a parcel of land located on the following described real estate, to-wit:
N1/2 NW 1/4/4 of Section 16,Township 8 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Thomas Honn, THinc., 1601 Quail Hollow
Drive, Fort Collins, Colorado 80525, 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.G.1.(A.Pol icy 7.1)states,"Weld County recognizes
the Right to Farm". In order to validate this recognition, Weld
County's Right to Farm statement shall appear on all recorded plats.
2) 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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b. Section 23-2-40.6.2--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 Towns of Nunn and Pierce. The Town of Pierce, in its
referral dated July 26, 2005, indicated concerns with access to Lots 5 and
6 crossing and damming Spring Creek, which runs through the Town of
Pierce. No referral response has been received from the Town of Nunn.
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 for the nine(9)lots,which has been approved by the
Weld County Attorney's Office.
1) The Weld County Department of Public Health and Environment has
reviewed the 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 policy with one
septic system per 3.9 acres. Portions of Lots 4, 5, 6, and 7 are
located within the boundaryof the one hundred(100)yearfloodplain,
and the Department of Public Health and Environment is
recommending the applicant place primary and secondary septic
envelopes outside of said boundary. 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),are
expressively prohibited in the designated absorption field envelopes.
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 29 is classified 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. The Department of Public Works indicated, in
its referral dated July29,2005,that dust mitigation and off-site improvements
to Weld County Road 29 will not be required.
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) Section 23-2-40.6.5.a -- The proposed Change of Zone does lie
within the one hundred(100)yearfloodplain(Spring Creek). Building
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permits issued on the lots will be required to adhere to the fee
structure of the County-Wide Road Impact Program and the Capital
Expansion Fee Program.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Gold Stone Center, LLC,for Change of Zone, MZ#1081,
from the A (Agricultural) Zone District to the E (Estate) Zone District for a nine (9) lot Minor
Subdivision with single family 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-1081.
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 Weld County's Right to Farm statement,Appendix 22-E of the
Weld County Code, shall be placed on the plat.
6) General Note#5 on the Change of Zone plat must be reworded to
exclude any inferred or implied language that septic systems can be
installed in Flood Zone A at any time.
B. The applicant shall attempt to address the requirements and concerns of the
Town of Pierce, as stated in the referral response dated July 26, 2005.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
C. 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 submita 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:
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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 and one (1) 0.9 acre
outlot to be used for a lift station for the North Weld County Water District.
The outlot shall be non-buildable for residential purposes.
B. Water service shall be obtained from the North Weld County Water District.
C. This subdivision is in rural Weld County and is not served by a municipal
sanitary sewer system. Sewage disposal shall be by septic systems
designed in accordance with the regulations of the Colorado Department of
Public Health and Environment,Water Quality Control Division,and the Weld
County Code in effect at the time of construction, repair, replacement, or
modification of the system.
D. 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 shall 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 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. 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 Notice,and apply fora permit from
the Colorado Department of Public Health and Environment.
"Weld County's Right to Farm,"as provided on this plat,shall be recognized
at all times.
J. The site shall maintain compliance at all times with the requirements of Weld
County Government.
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•
K. Personnel from the Weld County Government 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 buildings
accessory 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 requiremerits,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
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.
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T. Appropriate building permits shall be obtained prior to any construction,
grading or excavation.
U. 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.
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 and the Capital Expansion Fee Program.
3. At the time of Final Plan:
A. The Department of Public Works, in a referral dated July 29, 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 ImprovementAgreement Regarding Collateral
for 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 Gold Stone Creek Minor
Subdivision. The Covenants shall be approved by the Weld County
Attorney's Office and County staff prior to recording the final plat.
D. The right-of-way for the internal roadway shall be dedicated to the County.
E. Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setbacks, including the 100-foot
setback to any well.
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. 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.
H. Roadway and grading plans, along with details, must be approved prior to
recording the final plat. Stop signs and street names shall be indicated on
the final roadway plans.
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A Final Drainage Report and construction plans,conforming to the Drainage
Report, shall be approved prior to recording the final plat.
J. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations on the final plat.
K. The following note shall be placed on the final plat: "Outlot A is to be
dedicated to the North Weld County Water District as a parcel for a public
utilityfacility(water pumping facilities). Outlot A shall be non-buildable for all
other purposes."
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
North Weld County Water District prior to recording the final plat.
N. Prior to recording the final plat,the applicant shall provide written evidence
from School District RE-9,which indicates that all District requirements have
been met.
O. The applicant shall submit the name of the street(other than Weld County
Road 92.75) within the proposed development, along with the street
addresses, for review, to the Weld County Sheriffs Office, Department of
Planning Services, Postal Service, and emergency responders. Evidence
of their approval shall be submitted to the Department of Planning Services.
P. The applicant has indicated the location of the subdivision identification sign
on the final plat. The subdivision identification sign shall adhere to the size
requirements for quasi-public signs (32 square feet), as stated in
Section 23-2-80.A.3 of the Weld County Code, on property owned and
maintained by the Homeowners' Association.
Q. The applicant shall provide a deed, ready for recording, that transfers
ownership of all subsurface mineral interests to the Homeowners'
Association.
R. 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).
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of December, A.D., 2005.
� BOARD OF COUNTY COMMISSIONERS
°� WELD COUNTY, COLORADO
ATTEST: '�r ° i�� ' f �?'
William H. ke, Chair
Weld County Clerk to th
BY:� 4 l l { r /1 6-(71 ile, ro- em
D4,uty CI to the Boa a
David E. Long
AP OV AS TO F EXCUSED
( Robert O. Masd n
untyAttorney U�
Glenn Vaad
Date of signature: 113i 3 i 1D(0
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