HomeMy WebLinkAbout20040892.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom, along with the addition of 1C and modification to the language in 2 D, that the
following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by
the Weld County Planning Commission that the application for:
CASE NUMBER: MZ-1039
APPLICANT: Charles Messerlein - Black Hollow Estates
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Part NE4 Section 10, T7N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Change of Zone from the A (Agriculture) to E (Estate)
Zone for nine (9) residential lots.
LOCATION: South of and adjacent to CR 84; west of and adjacent to CR 21.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code as follows:
A. Section 23-2-30.A.1. The proposal is consistent with Chapter 22 of the Weld County Code.
Section 22-2-60. G. Policy 7 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
shall 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, subdivision or unincorporated
townsites.
B. Section 23-2-30.A.2. states"That the uses which would be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land uses." The
proposed site does not lie within the Urban Growth Boundary or Intergovermental Agreement
for any municipality. The subject property lies within the three-mile referral area of the town
of Severance, but the town did not respond. 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 agriculture in nature. The Department of Planning Services'
believes that the granting of this change of zone will have a minimal impact on the
surrounding land uses.
C. Section 23-2-30.A.3.states"That 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 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 Chapter 24 of the Weld County Code in regard
to water and sewer service. Sewer will be provided by Individual Sewage Disposal Systems
(ISDS) and the overall density meets the current Department policy. Each lot for the
proposed minor subdivision shall have an ISDS installed per the Weld County Department
of Public Health and Environment requirements and specifications. ammimmon
D. Section 23-2-30.A.4 states"Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district." County Roads 21 t 9
and 84 are classified by the County as local gravel roads and require a minimum 60-foot CO t
right-of-way.The right-of-way shall be verified and shown on the final plat. If the right-of-way 2 ,
cannot be documented,it shall be dedicated on the final plat.This development will introduce (!Y!
approximately 86 additional vehicle trips per day to the roadway system. The applicant will
2004-0892 a'
Resolution MZ-1039
Charles Messerlein
Page 2
be required to enter into an agreement with the County to proportionately share the cost of
improving County Road 21. The cost will be based on a proportion of the traffic generated
by the development to the existing traffic.
The Weld County Department of Public Works has required that the internal roadway right-of-
way be sixty(60)feet in width including cul-de-sacs with a sixty-five(65)foot radius, and be
dedicated to the public. The typical roadway section of the interior roadway shall be
equivalent to CR 21 now and in the future.
E. Section 23-2-30.A.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:"
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 will be required to submit an agreement with the properties mineral
owners stipulating that oil and gas activities have been adequately incorporated into
the design of the site or evidence mineral owners concerns have been mitigated.
3) Soils on site may cause limitations for septic system installation. The Weld County
Department of Public Health and Environment has required that each septic system
be designed for site-specific conditions, including, but not limited to: maximum
seasonal high groundwater, poor soils, and shallow bedrock.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A(Agricultural)to E(Estate)for Nine(9)Residential Lots is conditional upon
the following:
1. Prior to scheduling the Board of County Commissioner's Hearing:
A. The applicant shall submit to the Weld County Department of Planning Services a signed
copy of an agreement with the properties mineral owners which stipulates that oil and gas
activities have been adequately incorporated into the design of the site or provide evidence
that mineral owners concerns have been mitigated. (Department of Planning Services)
B. The applicant shall submit to the Weld County Department of Planning Services a signed
copy of an agreement with the Water Supply and Storage Company which stipulates that
ditch companies activities have been adequately incorporated into the design of the site or
provide evidence that their concerns have been mitigated. (Department of Planning
Services)
C. The applicant needs to provide the Department of Planning Services with adequate research
according to the Colorado State Mineral Owner Notification Requirement stating who owns
the mineral rights
2. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) The plat shall be labeled MZ-1039. (Department of Planning Services)
2) All future signs including entrance signs, street signs and stop signs shall be
delineated on the plat. (Departments of Public Works and Sheriff's Office)
Resolution MZ-1039
Charles Messerlein
Page 3
3) County Roads 21 and 84 are designated on the Road Capital Improvement Plan in
the County Wide Impact Fee Code Ordinance, Section 20-1-30 as a local gravel
road, which requires 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 County Roads 21 and
84 shall be delineated right-of-way on the plat. This road is maintained by Weld
County. (Department of Public Works)
4) All septic system envelopes must be located a minimum of 100 feet from all irrigation
ditches, wells, and/or ponds, and 25 feet from a detention pond. (Department of
Public Health and Environment)
5) Additional right-of-way shall be required adjacent to the bus pullout area equivalent
to the width of the pullout lane. (Department of Public Works)
6) The internal roads shall address all issues indicated in the Weld County Department
of Public Works referral dated October 22, 2003. (Department of Public Works)
7) The applicant shall address the concerns of the Weld County Sheriff's Department
as stated in a memo dated October 27, 2003 and incorporate remedies for these
concerns. Written evidence of a solution shall be provided to the Department of
Planning Services. (Sheriff's Office)
8) The Sheriff's Office has indicated safety concern regarding residents should not
have to cross the street to access their mail. The applicant shall coordinate a mail
location that meets the postal services requirements and addresses the Sheriff's
Office concerns. Evidence of such shall be submitted to the Department of Planning
Services. (Sheriff's Office)
9) The subdivision is in close proximity to Black Hollow acres. The Department of
Planning Services has concerns that the similarity in the names could cause
problems for mail delivery and emergency responders. The applicant shall contact
the Weld County Sheriff's Office, Weld County Ambulance Service and the Postal
service to discuss ways to mitigate confusion. If these agencies recommend to
change the subdivision name, the applicant shall submit a new name to the
Department of Planning Services for review and approval. (Department of Planning
Services)
10) 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. (Department of Planning Services)
11) The applicant shall submit written evidence how the Windsor/Severance Fire
Protection District concerns have been met. (Windsor/Severance Fire Protection
District)
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). (Department of Planning Services)
3. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes, prior to recording:
A. The Change of Zone allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision
shall consist of nine (9) residential lots. (Department of Planning Services)
Resolution MZ-1039
Charles Messerlein
Page 4
B. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
C. A Weld County Septic Permit is required for each proposed septic system,which and shall
be installed according to the Weld County individual sewage disposal system 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. (Department of
Public Health and Environment)
D. All septic system envelopes must be located a minimum of 100 feet from all irrigation ditches,
wells, and/or ponds, and 25 feet from the detention pond. (Department of Public Health and
Environment)
E. Activities such a s I andscaping (i.e. planting o f t rees and shrubs) and construction (i.e.
auxiliary structures,dirt mounds,etc.) are expressly prohibited in the designated absorption
field site. (Department of Public Health and Environment)
F. If required,the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (Department of Public Health and Environment)
G. 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 Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
H. 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. (Department of Public Health and Environment)
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 emissions notice,and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
J. All landscaping within the site distance triangles must be less than 3% feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
K. Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Departments of Planning Services and Public Health and Environment)
L. The site shall maintain compliance at all times with the requirements of Weld County
Personnel. (Department of Planning Services)
M. 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.
(Department of Planning Services)
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
O. A Home Owner'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. (Department of Planning Services)
Resolution MZ-1039
Charles Messerlein
Page 5
P. Appropriate Building Permits s hall b e obtained prior t o any construction ore xcavation.
(Department of Planning Services)
Q. 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. (Department of
Planning Services)
R. Lots may not accommodate full-depth basements due to groundwater levels. (Department
of Public Works)
S. Building permits shall be obtained prior to the construction of any building. (Building
Inspection)
T. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. (Building Inspection)
U. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 1997 Uniform Building Code(UBC),
1998 International Mechanical Code (IMC), 1997 International Plumbing Code (IPC), 2002
National Electrical Code (NEC) and Chapter 29 of the Weld County Code. (Building
Inspection)
V. 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. (Building Inspection)
W. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation
of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B
and Chapter 3. Setback and offset distances shall be determined by the Chapter 23 of the
Weld County Code. (Building Inspection)
X. Building height shall be measured in accordance with the 1997 Uniform 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. (Building Inspection)
Y. The emergency access shall remain gated, only in emergencies shall it be utlizied.
(Department of Planning Services)
4. 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-4 which indicates that all district requirements have been met.
(Department of Planning Services)
B. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services and
Department of Public Works)
C. The applicant shall submit covenants for Black Hollow Estates Minor Subdivision. The
covenants shall include the following language for the protection of septic envelopes,
activities such a s I andscaping (i.e. planting o f trees and shrubs) and construction (i.e.
auxiliary structures,dirt mounds,etc.) are expressly prohibited in the designated absorption
Resolution MZ-1039
Charles Messerlein
Page 6
field site.. The covenants shall be approved by the Weld County Attorney's Office prior to
recording the final plat. (Departments of Planning Services and Public Health and
Environment)
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
E. The applicant shall enter into an agreement with Weld County to proportionally share the cost
of improvements to County Road 21. The applicant shall submit a proposed agreement with
the final plat application. (Department of Public Works)
F. The applicant shall submit to the Department of Planning Services approval of preliminary
addresses and street name from the Postal Service, Fire District and Sheriff's Department.
(Department of Planning Services)
G. The applicant shall submit written evidence to the Department of Public Works from the
school district of jurisdiction regarding the bus pullout. Evidence of such shall be submitted
to the Department of Planning Services. (Department of Public Works)
H. The applicant shall submit written evidence to the Department of Public Works from the post
office of jurisdiction regarding the mailbox turnout. Evidence of such shall be submitted to
the Department of Planning Services. (Department of Public Works)
All landscaping within the site distance triangles must be less than 3% feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
J. Roadway and grading plans along with details must be approved prior to recording final plat.
Indicate stop signs and street names on final roadway plans. (Department of Public Works)
K. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Public Works)
L. The applicant shall provide a pavement design prepared by a professional engineer along
with the final plat submittal. (Department of Public Works)
M. A final drainage report and construction plans, conforming to the drainage report, shall be
approved prior to recording final plat. (Department of Public Works)
N. 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). (Department of Planning Services)
Motion seconded by Bryant Gimlin
Resolution MZ-1039
Charles Messerlein
Page 7
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 2, 2003.
Dated the 2n° of December, 2003.
Voneen Macklin
Secretary
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