HomeMy WebLinkAbout20051936.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, MZ#1025, FROM A(AGRICULTURAL)ZONE DISTRICT
TO E (ESTATE) ZONE DISTRICT - ROBERT PARSONS
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 27th day of July, 2005, at 10:00 a.m. for the
purpose of hearing the application of Robert Parsons,40455 Skylark Drive, Fort Collins,Colorado
80524, requesting a Change of Zone, MZ #1025, from the A (Agricultural) Zone District to the
E (Estate) Zone District for an eight (8) lot Minor Subdivision, for a parcel of land located on the
following described real estate, to-wit:
Lot B of Recorded Exemption#3358, being part of the
NW1/4 of Section 10, Township 7 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Jeffrey Couch, TEAM Engineering,
3468 Shallow Pond Drive, Fort Collins, Colorado 80528, and
WHEREAS,Section 23-2-40 of the Weld County Code provides standards for review of said
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.D(A.Goal 4)states,"Conversion of agricultural land
to nonurban residential, commercial and industrial uses will be
accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be
compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses. Once converted,
this land is less conducive to agricultural production." The proposal
is for an eight(8)lot non-urban scale subdivision. The Conditions of
Approval ensure the site will be compatible with surrounding
properties.
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b. Section 23-2-40.B.2 — The uses which would 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 site is within the three-mile referral area for the Town of Severance. In
a referral response dated May 16,2005,the Town of Severance indicated no
conflicts with its interests. Granting this Change of Zone will have a minimal
impact on the surrounding land uses.
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 preliminary Water Service Agreement in place
with the North Weld County Water District. The agreement has been
approved by the Weld County Attorney's Office and will be required to be
finalized prior to recording the final plat. The Weld County Department of
Public Health and Environment has reviewed this proposal and has indicated
that 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.
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 84 and 19 are classified by the County as local
roads. These roads require a minimum 60-foot right-of-way. The
rights-of-way shall be verified and shown on the Change of Zone plat. If the
right-of-way cannot be documented, it shall be dedicated on the final plat.
This development will introduce approximately 77 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 Roads 84 and 19.
e. Section 23-2-40.B.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.
2) The applicant has indicated that they have retained all mineral rights
on the property and no leases exist. Further, the Geologic
Evaluation, prepared by Earth Engineering Consultants, dated
July 30, 2002, submitted with the Sketch Plan indicated that no
economically recoverable mineral resources as defined in House
Bill1041 were identified on the site.
3) At the Sketch Plan phase, the Colorado Geological Survey made
suggestions for construction on the site. Further, the Weld County
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Department of Building Inspection is requiring a site-specific
geotechnical report or an open hole inspection performed by a
Colorado registered engineer for each building.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Robert Parsons for Change of Zone, MZ#1025,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. Weld County Roads 84 and 19 are classified by the County as local roads.
These roads require a minimum 60-foot right-of-way. The rights-of-way shall
be verified and shown on the Change of Zone plat. If the right-of-way cannot
be documented, it shall be dedicated on the final plat.
B. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1025.
2) In accordance with Section 23-2-50 of the Weld County Code, all
information not required shall be removed from the plat.
C. The Change of Zone is conditional upon the following and each shall be
placed on the Change of Zone plat as notes:
1) The Change of Zone allows for E (Estate) Zone 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 eight (8) residential lots.
2) Water service shall be obtained from the North Weld County Water
District.
3) 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.
4) 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
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Health and Environment, Water Quality Control Division, at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
5) 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.
6) 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.
7) 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 fora permit from the Colorado
Department of Public Health and Environment.
8) Weld County's Right to Farm, as stated on this plat, shall be
recognized at all times.
9) 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.
10) 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.
11) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
12) 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.
13) 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 the Covenants.
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14) No development activity shall commence on the property, nor shall
any building permits be issued, until the Final Plan has been
approved and recorded.
15) The internal roadway right-of-way shall be 60 feet in width,including
cul-de-sacs with a 65-foot radius, and dedicated to the public. The
cul-de-sac edge of roadway radius shall be 50 feet.
16) 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 and any future entry
way and or gates.
17) 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.
18) Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Currently, the
following have been adopted: 2003 International Building Code,2003
International Residential 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.
19) 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.
20) 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
Chapter 23 of the Weld County Code.
21) 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 Chapter23 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.
22) All landscaping within the sight distance triangles must be less than
3.5 feet in height at maturity.
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23) The Weld County Sheriff's Office has limited traffic enforcement
powers on roadways within subdivisions which are not adopted by
the County.
D. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon
approval of the paper copies the applicant shall submit a Mylar plat and 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). The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by the Department of Planning
Services. The Mylar plat and additional requirements shall be submitted
within thirty(30)days from the date of the Board of County Commissioners
approval. The applicant shall be responsible for paying the recording fee.
2. At the time of Final Plat:
A. Prior to recording the final plat,the applicant shall provide written evidence
from School District RE-4 which indicates that all District requirements have
been met.
B. Prior to recording the final plat, the applicant shall submit a finalized Water
Service Agreement with North Weld County Water District.
C. The applicant shall submit the signed Agreement for Improvements for Weld
County Roads 19 and 84 Road Stabilization for Dust Control(Off-site)with
the Final Plan application.
D. The Board of County Commissioners shall approve the Off-site
Improvements Agreement prior to recording the final plat.
E. The applicant has indicated that a development sign shall be placed at the
entrance to the subdivision. The Final Plan application shall include a sign
plan for review. The plat shall indicate the location of the proposed sign.
F. The Change of Zone plat includes an entryway detail. The detail shall be
amended to include a bus pick-up and drop-off location,along with a mailbox
location. The applicant shall submit evidence that School District RE-4 and
the Postal Service have approved the location of these structures. Any
requested changes shall be submitted with the Final Plan application for
review and approval.
G. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for Improvements (On-site) for acceptance by the
Board of County Commissioners prior to recording the final plat.
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H. Prior to recording the plat, the applicant shall submit a deed transferring
ownership of all mineral interests to the Peace Haven Estates Homeowners'
Association.
The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
J. The applicant shall submit Covenants for Peace Haven Estates. The
Covenants shall be approved by the Weld County Attorney's Office prior to
recording the final plat. As requested by the Poudre Fire Authority,
Covenants shall include language which requires address numerals to be
plainly visible and legible from the street or road fronting the property.
K. The applicant shall submit approval of preliminary addresses and street
name from the Postal Service. Final Plan applications shall include copies
of the preliminary addresses to be reviewed by the Fire District and Sheriffs
Office.
L. The right-of-way for the internal roadway shall be dedicated to the County.
M. Weld County Roads 84 and 19 are classified by the County as local roads
and require a 60-foot right-of-way. If the rights-of-way cannot be verified,
they will be dedicated on the final plat.
N. Stop signs and street name sign locations must be shown on the final
roadway construction plans.
O. Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and noted on the final roadway plans.
P. The applicant shall submit stamped,signed and dated final plat drawings and
roadway/construction and grading plan drawings to the Department of Public
Works for review (with the final application). Construction details must be
included.
Q. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations on the final plat.
R. A final drainage report stamped,signed and dated by a professional engineer
licensed in the State of Colorado shall be submitted with the final plan
application. The 5-year storm and 100-year storm drainage studies shall
take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of
the 100-year storm developed condition while releasing the 5-year storm
existing condition.
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S. The final Drainage Report shall include a flood hazard review documenting
any FEMA defined floodways. The engineer shall reference the specific map
panel number, including date. The development site shall be located on the
copy of the FEMA map.
T. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage for the final application. Front, rear and side slopes
around building envelopes must be addressed. In addition,drainage for rear
and side lot line swales shall be considered. Building envelopes must be
planned to avoid stormwater flows, while taking into account adjacent
drainage mitigation.
U. Final drainage construction and erosion control plans (conforming to the
Drainage Report) stamped, signed and dated by a professional engineer
licensed in the State of Colorado shall be submitted with the Final Plan
application.
V. The applicant shall submit written evidence that the Water Supply and
Storage Company has reviewed the construction details for the site. The
Final Plan shall also indicate how the concerns of the Company have been
addressed.
W. The applicant shall include information in the Final Plan application indicating
how the concerns/requirements of the Poudre Fire Authority have been
addressed.
X. 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),Arcinfo 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
'lowing vote on the 27th day of July, A.D., 2005.
**1 Elea BOARD OF COUNTY COMMISSIONERS
is,It WELD COUNTY, COLORADO
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1861Ii. �a %D��(/�/G EXCUSED
0� •' :�'�r,Clerk to the Board William H. Je e, Chair
/ Q M. J. ile, Pro-Tern BY: Deputy Clerk to he Board C
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Glenn Vaad c ,
Date of signature: O--
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