HomeMy WebLinkAbout20040891.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1039 FROM A (AGRICULTURAL) ZONE DISTRICT TO
E(ESTATE)ZONE DISTRICT FOR A NINE(9) LOT MINOR SUBDIVISION -CHARLES
MESERLIAN
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 14th day of April, 2004,at 10:00 a.m.for the
purpose of hearing the application of Charles Meserlian,2324 Plains Court,Fort Collins,Colorado
80521, requesting a Change of Zone from the A(Agricultural)Zone District to the E(Estate)Zone
District fora nine(9)lot Minor Subdivision fora parcel of land located on the following described real
estate, to-wit:
Part of the NE1/4 of Section 10, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicant was represented byJeff Couch,Team Engineering,3468 Shallow
Pond Drive, Fort Collins, Colorado 80528-7002, 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.
1) Section 22-2-60.G (A.Policy 7.1) states, "Weld County recognizes
the right to farm. In order to validate this recognition the County has
established a statement which should 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.
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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.
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 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 agricultural in
nature. 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 Water Service Agreement with the North Weld
County Water District, and 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. Each lot for the
proposed Minor Subdivision shall have an individual sewage disposal system
installed per the Weld County Department of Public Health and Environment
requirements and specifications.
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 Roads 21 and 84 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 approximately 86 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 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 Weld County Road 21 now and in the future.
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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.
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 provide
evidence that the mineral owners' concerns have been mitigated.
3) Soils 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 designed for site-specific
conditions including, but not limited to, maximum seasonal high
groundwater, poor soils, and shallow bedrock.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Charles Meserlian for a Change of Zone from the A
(Agricultural)Zone District to the E(Estate)Zone District for a nine(9)lot Minor Subdivision 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) The plat shall be labeled MZ-1039.
2) All future signs,including entrance signs,street signs and stop signs,
shall be delineated on the plat.
3) Weld County Roads 21 and 84 are designated on the Road Capital
Improvement Plan in the County-Wide Road Impact Fee Code
Ordinance,Section 20-1-30,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 21 and 84 shall be delineated as right-of-way on the plat. This
road is maintained by Weld County.
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.
5) Additional right-of-way shall be required adjacent to the bus pullout
area equivalent to the width of the pullout lane.
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6) The internal roads shall address all issues indicated in the Weld
County Department of Public Works referral dated October 22,2003.
7) The applicant shall address the concerns of the Weld County
Sheriff's Office 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.
8) The Sheriff's Office has indicated 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 Sheriffs Office concern. Evidence of such shall be submitted to
the Department of Planning Services.
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 Paramedic 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.
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.
11) The applicant shall submit written evidence of how the
Windsor/Severance Fire Protection District concerns have been met.
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, prior to recording:
A. The Change of Zone allows for Estate uses and shall comply with the
E(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.
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B. Water service shall be obtained from the North Weld County Water District.
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 (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. 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.
E. 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.
F. If required, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
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 Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
H. 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.
I. 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.
J. 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.
K. Weld County's Right to Farm, as stated on this plat, shall be recognized at
all times.
L. The site shall maintain compliance at all times with the requirements of Weld
County Personnel.
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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 Conditions of Approval stated herein and
all applicable Weld County regulations.
N. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
O. 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.
P. Appropriate Building Permits shall be obtained prior to any construction or
excavation.
Q. No development activity shall commence,nor shall any Building Permits be
issued, until the Final Plan has been approved and recorded.
R. Lots may not accommodate full-depth basements due to groundwater levels.
S. Building Permits shall be obtained prior to the construction of any building.
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.
U. Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently,the following has been adopted by
Weld County: 2003 International Building Code, 2003 International
Mechanical Code,2003 International Plumbing Code,and Fuel Gas Codes,
2002 National Electrical Code, and Chapter 29 of the Weld County Code.
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.
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.
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X. 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. When measuring buildings to determine offset and
setback requirements,buildings are measured to the farthest projection from
the building.
Y. The emergency access shall remain gated,only in emergencies shall it be
utilized.
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-4 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 the Minor Subdivision. The
covenants shall include the following language for the protection of septic
envelopes,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. The covenants
shall be approved by the Weld County Attorney's Office 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 21. The
applicant shall submit a proposed agreement with the final plat application.
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 Office.
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.
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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.
I. 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.
J. 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.
K. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations on the final plat.
L. A final drainage report and construction plans, conforming to the drainage
report, shall be approved prior to recording the final plat.
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 14th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W'LD COUNTY, COLORADO
ATTEST: Mid� tttt E t r I� C
)ih
obert D. Masden, Chair
Weld County Clerk to the :&rd £`'''
�
r 1861 t.v V: a% �` Zjc
'1 `��l am H. ke, Pro-Tem
Deputy Clerk to the Boa t►,f j�', ���—
M. J. i 'le
AP O AS TO
7 David E. Long
ounty Attirney �z—
GIaaad .M
Date of signature: 1021
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