HomeMy WebLinkAbout20031680 RESOLUTION
RE: GRANT CHANGE OF ZONE, MZ #1017, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE E (ESTATE) ZONE DISTRICT -JEFF AND TERESA STAMP
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 30th day of July, 2003, at 10:00 a.m. for the
purpose of hearing the application of Jeff and Teresa Stamp, P.O. Box 1198,Longmont,Colorado
80502, requesting a Change of Zone from the A(Agricultural)Zone District to the E(Estate)Zone
District for a nine (9)lot Minor Subdivision,for a parcel of land located on the following described
real estate, to-wit:
Lot B of Recorded Exemption#2462;being part of the
E1/2 of the SW 1/4 of Section 36, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicant was represented by Todd Hodges, Todd Hodges Design, LLC,
1269 North Cleveland Avenue, Loveland, Colorado 80537 , 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 23-2-40.8.1 -- The proposal is consistent with Chapter 22 of the
Weld County Code. 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 a nine (9) lot non-urban scale subdivision.
The Conditions of Approval ensure the site will be compatible with
surrounding properties.
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CHANGE OF ZONE (MZ#1017) - JEFF AND TERESA STAMP
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b. Section 23-2-40.8.2—The uses which will 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
Intergovernmental Agreement Area for any municipality. The site is within the
three-mile referral area for the towns of Berthoud, Johnstown, and Mead.
The Town of Johnstown indicated the proposal did not conflict with its
interests. The Town of Berthoud indicated the propertywas located beyond
it's boundary and is not capable of being integrated with town services,
therefore,it is of no interest to the town. The Town of Mead stated it does not
want Stamp Minor Subdivision to be approved as an unincorporated project
and that it should be referred to the Town for possible annexation. 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
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 an Agreement for Water Main Extension in place
with the Little Thompson Water District, which has been approved by the
Weld County Attorney's Office. The applicant has indicated that a one-half
share of Highland Ditch water will be given for irrigation purposes. 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, and the overall density
meets the current department policy. Each lot for the proposed Minor
Subdivision shall have an individual sewage disposal system installed in
accordance with the Weld County Department of Public Health and
Environment's 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 Road 38 is classified by the County 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. 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 38.
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 be two 12-foot gravel lanes
with four-foot gravel shoulders. The cul-de-sac edge of roadway radius shall
be fifty (50) feet.
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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) Section 23-2-40.B.5.a—The proposed Change of Zone does not lie
within any overlay district identified by the maps officially adopted by
Weld County.
2) Section 23-2-40.B.5.b — The applicant has not submitted an
agreement with the properties mineral owners. The applicant has
indicated possible drill sites in order to meet State requirements.
Further, the mineral owners have been contacted and have not
voiced any concerns with the proposal.
3) Section 23-2-40.6.5.c — At the Sketch Plan phase,
recommendations were made by the Colorado Geological Survey,
Division of Minerals and Geology, in regards to drainage and soil
limitations. The recommendations have been incorporated with the
Conditions of Approval. The Weld County Department of Building
Inspection has required each building to be built on an engineered
foundation based on a site specific geotechnical report or an open
hole inspection performed by a Colorado registered engineer. The
Weld County Department of Public Health and Environment has
indicated that, based on percolation test results and topographical
features, it appears that any septic systems installed on the site will
be required to be designed by a Colorado registered professional
engineer.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jeff and Teresa Stamp 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 applicant shall submit conclusive evidence of ownership of that portion
of Lot 7 and Lot 8 which County records indicate is owned by Frank M.
Canepa. If conclusive evidence can not be obtained, the applicant shall
submit a corrected plat for Recorded Exemption #2462 which does not
include the property, and the Change of Zone boundary shall be amended.
B. The Change of Zone plat shall be amended to delineate the following:
1) Weld County's Right to Farm, as provided in Appendix 22-E of the
Weld County Code, shall be placed on any recorded plat.
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C. 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. 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 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 nine (9)
residential lots.
B. Water service shall be obtained from the Little Thompson Water District.
C. A Weld County Septic Permit is required for each proposed septic system,
which 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. If required, the applicant shall obtain a Stormwater 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.
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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
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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. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly
prohibited in the designated absorption field site.
Weld County's Right to Farm, as stated on this plat, shall be recognized at
all times.
J. 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.
K. 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.
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
M. 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.
N. 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.
O. Building Permits shall be obtained prior to the construction of any building,
including a bus stop shelter, if provided.
P. 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.
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Q. 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.
R. 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.
S. 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.
T. Building height shall be measured in accordance with the 1997 UBC 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 27 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. Property pins shall be clearly identified and all property
lines shall be identified by string stretched between pins or by other approved
means. Approved building and foundation plans shall be on the site and
available to inspectors for each inspection.
U. All landscaping within the sight distance triangles must be less than three
and one-half(3%)feet in height at maturity.
V. Buildings sites should be located at the highest possible elevation to take
advantage of positive drainage. Subgrade construction should include open
perimeter drains that surface to daylight to protect against the buildup of
hydrostatic pressure near foundation walls.
W. Subsurface soils from each building envelope should be evaluated, either
from borehole samples or in open excavation, to determine whether fat,
potentially expansive clays or low density silts are present that might warrant
foundation mitigation.
X. Individual sewage disposal systems should be designed based on the
percolation rates specific to soils within an identified leach field area. A
profile hole or test pit should be advanced to a minimum of eight (8) feet
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below ground level to determine whether groundwater is present,or might be
present seasonally.
Y. All homes within Stamp Minor Subdivision will be sprinklered for further
protection against fire.
Z. Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the
use on the adjacent properties.
AA. Prior to the issuance of Building Permits, the applicant shall submit
construction plans for the utilities showing the location of fire hydrants, the
size of water mains, and available fire flows to the Mountain View Fire
Protection District for review.
3. At the time of Final Plat:
A. Prior to recording the final plat,the applicant shall provide written evidence
from the St. Vrain Valley School District which indicates that all district
requirements regarding a bus pullout and cash-in-lieu fee have been met.
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.
C. The applicant shall submit Covenants for Stamp Minor Subdivision. The
Covenants shall be approved by the Weld County Attorney's Office prior to
recording the final plat. Covenants shall include language for the
preservation and/or protection of the second absorption field envelope as
follows: Activities such as landscaping(i.e.planting of trees and shrubs)and
construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly
prohibited in the designated absorption field site.
D. The right-of-way for the internal roadway shall be dedicated to the County.
E. The applicant shall determine the name of the internal road. Two different
names are recorded on submitted plans: Red Tail Court, and Stamp
Boulevard.
F. The applicant shall submit approval of preliminary addresses and street
names from the Postal Service, Fire District, Ambulance Service and
Sheriff's Office.
G. Weld County Road 38 is classified by the County as a local road and
requires a 60-foot right-of-way. If the right-of-way cannot be verified,it will be
dedicated on the final plat.
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H. Weld County Road 38 is a gravel road. The applicant shall enter into an
agreement with the County to proportionately share the cost of
improvements to Weld County Road 38. The agreement shall particularly
include the Great Western Railroad crossing at Weld County Road 38 in the
immediate proximity of the development. The cost will be based on a
proportion of the traffic generated by the development to existing traffic. The
applicant shall submit a proposed agreement with the final plat application.
The bus pullout area/right-of-way shall be dedicated on the final plat.
Furthermore,the applicant shall show details of the bus pullout on the Road
Plan and Profile.
J. Appropriate referral agencies shall be contacted regarding the bus pullout,
especially the school district of jurisdiction. The applicant shall provide to the
Department of Public Works written documentation regarding this issue,
along with the final plat application materials.
K. Roadway and grading plans,along with construction details,will be required
with the final plan submittal.
L. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations on the final plat.
M. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage with the final plan 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 storm water flows, while taking into account
adjacent drainage mitigation.
N. Final drainage construction and erosion control plans, conforming to the
drainage report, shall be submitted with the final plat application.
O. The applicant shall submit evidence that a one-half share of Highland Ditch
water has been transferred to the Stamp Minor Subdivision Homowners'
Association prior to recording the final plat.
P. 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).
Q. Irrigation/non-potable water plans, along with construction details, will be
required with the final plan submittal.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
��'//"���� WOUf�TY, COLORADO
ATTEST: G O411 (c,
David E. Long, Chair
Weld County Clerk to the Board
EXCUSED
Robert D. asden, Pro-Tem
��•��`k to the Board EC&/
M. J. ei e
•
William H. Jerke
6rney AtAidISS
Glenn Vaad
Date of signature: 9-‘0.p3
2003-1680
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