HomeMy WebLinkAbout20050066 RESOLUTION
RE: GRANT CHANGE OF ZONE, MZ#1056, FROM A(AGRICULTURAL)ZONE DISTRICT
TO E (ESTATE) ZONE DISTRICT - FRANCISCO GRANADOS
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 12th day of January, 2005, at 10:00 a.m.for
the purpose of hearing the application of Francisco Granados, 5995 West 26th Street, Greeley,
Colorado 80634,c/o Pickett Engineering, Inc.,808 8th Street,Greeley,Colorado 80631, requesting
a Change of Zone from the A(Agricultural)Zone District to the E(Estate)Zone District for a four(4)
lot Minor Subdivision, on a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption#2916; being part of the
W1/2 NW1/4 of Section 3,Township 5 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Clayton Harrison, Pickett Engineering, Inc.,
808 8th Avenue, 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.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 (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.
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
2005-0066
PL1757
��a ; r-)Z-, , c t /471_C-&-7- 717°,2_ ,)
CHANGE OF ZONE (MZ#1056) - FRANCISCO GRANADOS
PAGE 2
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.
b. Section 23-2-40.B.2 -- 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
Kersey. The Town of Kersey,in its referral dated October 7,2004,found the
proposed development to have no conflicts with its interests. 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.B.3--The applicant has a Water Service Agreement with
the North Weld County Water District. 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
Chapter24 of the Weld County Code in regard to water and sewer service.
Sewer will be provided by Individual Sewage Disposal Systems (I.S.D.S.)
and the overall density meets the current Department policy. Each lot for
the proposed Minor Subdivision shall have an I.S.D.S. installed per the Weld
County Department of Public Health and Environment requirements and
specifications.
d. Section 23-2-40.B.4—Weld County Roads 55 and 60.5 are classified by the
County as local gravel 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 additional vehicle trips per day to the
roadway system, therefore, the applicant will be required to enter into an
agreement with the County to proportionately share the cost of improving
(paving)Weld County Road 60.5. The cost will be based on a proportion of
the traffic generated by the development to the existing traffic.
e. Section 23-2-40.6.5—The proposed Change of Zone does not lie within any
overlay district identified by the maps officially adopted by Weld County.
Shallow groundwater on the site may cause limitations for septic system
installation. The Weld County Department of Public Health and Environment
has required that each septic system be engineered and designed for
site-specific conditions including, but not limited to, shallow groundwater.
2005-0066
PL1757
CHANGE OF ZONE (MZ#1056) - FRANCISCO GRANADOS
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Francisco Granados, do Pickett Engineering, Inc.,for a
Change of Zone 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 pages of the plat shall be labeled MZ-1056.
2) All future signs, including entrance signs, street signs, and Stop
signs shall be delineated on the plat and shall be located on an outlot
that is maintained by the Homeowner's Association.
3) All lots need to show the net acreage.
4) The agricultural access off of State Highway 37 shall be removed
from the plat. The applicant shall submit evidence to the Department
of Planning Services that the road has been closed.
5) Weld County School District RE-7 has stated in its referral that the
school bus will not be entering the subdivision, therefore, the
"proposed school bus stop area" in the cul-de-sacs shall be
removed. The school bus pull off area shall be located on an outlot
that is maintained by the Homeowner's Association.
6) The applicant shall clearly identify the school bus pull off area and
label that area school bus stop.
7) The plat shall be amended to address the requirements and
concerns of Weld County School District RE-7, as stated in the
referral response dated September30,2004. Evidence of such shall
be submitted in writing to the Weld County Department of Planning
Services.
8) Weld County Roads 55 and 60.5 are designated by the County as
local gravel roads, which require 60 feet of right-of-way at full build
out.There is presently 60 feet of right-of-way. A total of 30 feet from
the centerline of Weld County Roads 55 and 60.5 shall be delineated
as right-of-way on the plat. Weld County Road 55 is not maintained
by Weld County. Weld County Road 60.5 is maintained by Weld
County.
9) The applicant shall work with the Colorado Department of
Transportation (CDOT)to determine the current right-of-way along
2005-0066
PL1757
CHANGE OF ZONE (MZ#1056) - FRANCISCO GRANADOS
PAGE 4
State Highway 37 and the area to be reserved for the future
expansion of State Highway 37. Written evidence shall be submitted
to the Department of Planning Services.
10) The internal roads shall address all issues indicated in the Weld
County Department of Public Works referral dated October 21,
2004.
11) The applicant shall address the concerns of the Weld County
Sheriff's Office, as stated in a memo dated October 15, 2004, and
incorporate remedies for these concerns. Written evidence of a
solution shall be provided to the Department of Planning Services.
12) The plat shall be amended to show all landscaping within the site
distance triangles is 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.
13) 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.
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).
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 allows for Estate uses and 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 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.
2005-0066
PL1757
CHANGE OF ZONE (MZ#1056) - FRANCISCO GRANADOS
PAGE 5
D. 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 the
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information.
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 Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
F. 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 that are technologically
feasible and economically reasonable in order to minimize dust emissions.
G. 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.
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 and shall be recognized
at all times.
There are Confined Animal Feeding Operations in close proximity to this
development. Residents should be aware that there may be flies and odors
associated with these activities.
J. The site shall maintain compliance at all times with the requirements of Weld
County Personnel.
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 Conditions of Approval stated herein and
all applicable Weld County regulations.
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
M. A Homeowner'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.
2005-0066
PL1757
CHANGE OF ZONE (MZ #1056) - FRANCISCO GRANADOS
PAGE 6
N. Appropriate Building Permits shall be obtained prior to any construction or
excavation.
O. No development activity shall commence on the property, nor shall any
Building Permits be issued, until the Final Plan has been approved and
recorded.
P. 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.
Q. 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.
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
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.
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.
T. 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 Chapter23 of the Weld
County Code.
U. Construction on or around any ditch which carries 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
Fee Program.
W. 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 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.
2005-0066
PL1757
CHANGE OF ZONE (MZ #1056) - FRANCISCO GRANADOS
PAGE 7
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. Prior to recording the final plat,the applicant shall provide written evidence
from Weld County School District RE-7 which indicates that all District
requirements have been met.
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 Pheasant Meadow 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. The applicant shall enter into an agreement with Weld County to
proportionally share the cost of improvements to Weld County Road 60.5.
The applicant shall submit a proposed agreement with the final plat
application.
F. Copies of the preliminary addresses shall be included in the final plan
application for review by referral agencies.
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. Indicate Stop signs and street names on final
roadway plans.
A final Drainage Report and construction plans conforming to the Drainage
Report shall be approved prior to recording 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 applicant shall submit Certificates from the Secretary of State showing
the Homeowner's Association has been formed and registered with the
State.
2005-0066
PL1757
CHANGE OF ZONE (MZ #1056) - FRANCISCO GRANADOS
PAGE 8
L. The applicant shall submit copies of finalized water and sewer agreements
with the North Weld County Water District prior to recording the final plan.
M. 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 12th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
Os I r'% WELD COUNTY, COLORADO
Al/)i%so „ea
:p, William H. rke, Chair
,18fi1 ,j��*-,pC�o � lerk to the Board
,` kJ \* 'I M. J. �eile, ro-Tem
_e' /%S .�/.Lei �` '
~i ler
Deputy Clerk to the Board "`
David E. Lon
APP AS TO F a\\
Robe. Masde 4-ettc4
ty Attorney / �Glenn Vaad _
Date of signature: /AM
2005-0066
PL1757
Hello