HomeMy WebLinkAbout20030440.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1001 FROM A (AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT FOR EIGHT (8) RESIDENTIAL LOTS, W.B. FARMS
ESTATES MINOR SUBDIVISION - CARL HILL
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 March, 2003, at 10:00 a.m. for
the purpose of hearing the application of Carl Hill, 2815 83rd Avenue, Greeley, Colorado 80634,
requesting a Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District for eight (8) residential lots for a parcel of land located on the following described real
estate, to-wit:
Lot B of Recorded Exemption #1563; being part of
the NW1/4 of Section 20, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by James Rawsen, Snowdance
Development Company, 1750 25th Avenue, Suite #305, Greeley, Colorado 80634, 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 23-2-30.A.1 --The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-60.A (A.Goal 1) states, "Conserve agricultural land
for agricultural purposes which foster the economic health and
continuance of agriculture." Chapter 22, Section 22-2-60.1
(A.Goal 9) indicates that eighty (80) acres is considered the
minimum lot size for a viable farming operation. The subject
parcel is 30 acres net in size and is presently in limited farming
production. A portion of the site is wetlands, and the majority of
the site is grazing lands.
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2) Section 22-2-60.G.1 (A.Policy 7.1) states, "The County recognizes
the right to farm. In order to validate this recognition, the County
has established a statement which should be incorporated on all
land use plats." The Department of Planning Services shall
require Weld County's Right to Farm statement to appear on all
recorded plats.
3) Section 22-2-180.B -- Thorough examination of issues such as
compatibility with surrounding and regional land uses, availability
and adequacy of infrastructure and services serving the proposal,
impacts on the natural environment, and other issues shall occur
in the review of all residential developments. The proposal is not
adjacent to an existing municipality. The property under
consideration is located within the designated three-mile referral
area of Severance. The proposal is not within an urban growth
boundary area or an Intergovernmental Agreement area.
Severance did not respond to this request, but did respond with
no conflicts in the sketch plan phase.
4) Chapter 23 of the Weld County Code defines non-urban scale
development as developments comprising of eight or less
residential lots, located in a non-urban area not adjacent to other
Planned Unit Developments, subdivisions, municipal boundaries
or urban growth corridors. The surrounding land area is
comprised of lots either created through the Recorded Exemption
process or as a Use by Right. As proposed, this subdivision meets
the definition for a non-urban scale development.
5) Section 22-2-190.D (R.Goal 4) states, "Conversion of agricultural
land to E (Estate) Zone residential uses may be accommodated
when the subject site is in an area that can support such
development." Referral agencies have indicated, with the
attached Conditions of Approval, that this subdivision can be
supported in this area.
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 for any municipality. 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.
1) A.Policy 3.2 --Availability of services such as electricity,
telephone, water, natural gas, sewer, sheriff and fire protection
will determine the intensity of development allowed. The applicant
has a Water Service Agreement with the North Weld County
Water District. The Weld County Attorney's Office has reviewed
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the Water Service Agreement and has indicated that the Water
Service Agreement is adequate to serve the residences and the
limited number of animal units allowed in the E (Estate) Zone
District.
2) The application has satisfied Chapter 24 of the Weld County Code
in regard to water and sewer service. The application states the
water will be supplied by the North Weld County Water District.
Sewer will be provided by individual sewage disposal systems.
Preliminary percolation test data in the Geotechnical report
conducted by Northern Colorado Geotech dated November 25,
2001, and submitted in the sketch plan application indicates the
site is suitable for conventional septic systems. The Weld County
Department of Public Health and Environment has reviewed this
proposal. The applicant proposes an 8-lot Minor Subdivision on
30.5 acres. The minimum lot size is 2.5 acres, with an overall
density of one septic system per 6.1 acres, which meets the
current Department of Public Health and Environment policy.
Because of the large lot sizes and the preliminary percolation test
data, the Department does not require the applicant to designate
septic system envelopes on the proposed lots.
3) Fire protection will be provided by the Ault Fire Protection District.
No referral response was received.
c. 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." The Weld County Department of Public Works
reviewed this proposal and determined, in comments given November 27,
2002, in the associated Recorded Exemption #3473, that an access
agreement can be entered into with the adjoining neighbor to ensure that
adequate access is available to serve these parcels.
1) Weld County Road 80 is classified by the County as a local road
and requires a 60-foot right-of-way. The applicant shall verify the
existing 60-foot right-of-way and the documents creating the right-
of-way shall be noted on the Change of Zone plat. The right-of-
way shall be dimensioned on the Change of Zone plat. If the
right-of-way cannot be verified, it will be dedicated on the Final
Plat.
2) Weld County Road 29 is paved just east of the proposed
development. Traffic counts taken in June 1997 indicated 191
vehicles per day on Weld County Road 80 between Roads 27
and 29. This development will add approximately 100 trips per
day. The total average daily traffic count will exceed 200 which is
a level at which fugitive dust is a concern, along with
maintenance.
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3) Section 24-3-60.P.12 states, "Ingress and Egress to all lots within
the Minor Subdivision will be to an internal road circulation
system." Minor subdivision roadways serving eight or fewer lots
may be gravel. The interior road and typical cross section shall
conform to the standards of the Weld County Code, Chapter 24,
Article VII, Design Standards and shall be delineated on future
applications. The applicant is proposing an internal gravel road.
d. Section 24-7-60 of the Weld County Code outlines utility easement
standards for County subdivisions. These standards are strictly enforced
by the Weld County Utilities Coordinating Advisory Committee. At the
time of final platting, a minimum total width of 20 feet apportioned equally
on side and rear lot lines within the development, and a minimum of 15
feet allocated along front lot lines, will be required.
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
property's mineral owners stipulating that oil and gas activities
have been adequately incorporated into the design of the site and
that 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Carl Hill for a Change of Zone from the
A (Agricultural) Zone District to the E (Estate) Zone District for eight (8) residential lots 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 titled "W.B. Farms Estates Minor Subdivision -
Change of Zone, MZ-1001" per Section 24-3-40 and Chapter 23,
Article II, Division I, of the Weld County Code.
2) All future signs, including entrance signs, street signs and Stop
signs, shall be delineated on the plat at all intersections.
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3) The location of the development identification sign.
4) The location of the bus shelter for school children, including pull
off area.
5) The location of the mail box pedestal, if required.
6) The applicant shall provide evidence that Lot B of Recorded
Exemption #3473 has appropriately approved access.
7) Weld County Road 80 is classified by the County as a local road
and requires a 60-foot right-of-way. The applicant shall verify the
existing 60-foot right-of-way and the documents creating the
right-of-way shall be noted on the Change of Zone plat. The
right-of-way shall be dimensioned on the Change of Zone plat. If
the right-of-way cannot be verified, it will be dedicated on the Final
Plat.
8) Easements shall be shown in accordance with County standards
and/or Utilities Coordinating Advisory Committee
recommendations, also dimensioned on the Final Plat.
9) The layout of the roadway placement shall be redrawn to identity
eight residential lots.
10) The applicant shall delineate the Lot and Block numbers
associated with this proposed development.
11) The applicant will need to verify and acquire the access
right-of-way to the proposed subdivision and dedicate it to the
public. The applicant must provide the Department of Public
Works with written documentation. The Change of Zone plat shall
show the dimensions of the access parcel, including right-of-way
and roadway width.
12) The internal roadways shall be labeled on the Change of Zone
plat.
13) The internal roadway cul-de-sacs shall be shown with radii as they
connect to the main roadway segments.
14) A curve table must be included on the Change of Zone plat to
describe roadways and property boundaries.
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 typical cross-section of interior roadway shall be
shown as two 13-foot gravel lanes on the Change of Zone plat.
The cul-de-sac edge of road radius shall be 50 feet. The internal
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roadway and right-of-way must be dimensioned on the Change of
Zone plat, including cul-de-sacs.
16) The applicant shall show and identify all existing irrigation/ditch
systems for this development on the Change of Zone plat. Ditch
easements should be noted. A ditch running adjacent to the
western boundary of the development may impact a 30-foot
access easement to Lot B of a previous Recorded Exemption.
The tributary drainage creek adjacent to the eastern boundary of
the property must be identified.
17) The applicant must show the 100-year storm inundation area
'hatched' on the Change of Zone plat to distinguish it on the
drawing.
18) A note must be placed on the plat stating that all structure
elevations must be one-foot above the 100-year storm flow
elevation.
19) The applicant shall explain the "No Culvert Required, Roadway
Will Redirect Flow To South" note on the Grading Plan. It is not
clear if the culvert is acknowledged for the access road or Weld
County Road 80.
20) The interior roadways must be labeled on the Grading Plan to
correspond to the Drainage Report discussion and Change of
Zone plat.
21) The Drainage Report states that no homes or septic systems will
be allowed within 75-feet of the easterly property boundary. This
exclusion area must be shown 'hatched' on the Change of Zone
plat and labeled.
22) The 'Y intersection of the interior roads on the Grading Plan
appears to have no defined ditch. As a resultant, drainage across
the roadway may develop into an erosion problem.
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 Section 23
of the Weld County Code. The Minor Subdivision shall consist of eight
(8) residential lots.
B. Water service shall be obtained from the North Weld County Water
District.
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C. A Weld County Septic Permit is required for each proposed septic system
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. 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.
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.
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 statement, as provided in Appendix 22-E of
the Weld County Code, shall be placed on any recorded plat.
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. Personnel from the Weld County Departments of Planning Services,
Public Health and Environment, and Public Works 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.
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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. 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 on the property, until the Final Plan has been
approved and recorded.
P. Building permits shall be obtained prior to the construction of any
building.
Q. 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.
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 1997 Uniform Building Code (UBC), 1998 International
Mechanical Code (IMC), 1997 International Plumbing Code (IPC), 1999
National Electrical Code (NEC), 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. 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
Chapter 23 of the Weld County Code.
U. 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 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. 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
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Foundation Plans shall be on the site and available to inspectors for each
inspection.
V. Effective January 1, 2003, Building Permits issued on the proposed lots
will be required to adhere to the fee structure criteria of Appendix 20-E,
Article II, Section 20-2-10 of the Weld County Code, and shall require the
payment of road impact fees at the time a Building Permit is applied for
as addressed through Section 20-2-200.
W. A note should be placed on the Change of Zone plat indicating ground
water depths and ramification on full depth basements for this
development/specific lots.
Y. The Homeowners' Association will accept and provide uninterrupted
maintenance of the internal roads.
3. At the time of Final Plat:
A. 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.
B. The applicant shall submit Covenants for the Minor Subdivision. The
Covenants shall be approved by the Weld County Attorney's Office prior
to recording the Final Plat.
C. The right-of-way for the internal roadway shall be dedicated to the
County.
D. The applicant shall enter into an agreement with the County to
proportionately share the cost of paving Weld County Road 80 from the
development access to Weld County Road 29. 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.
E. The applicant must provide calculations showing the impacts due to the
development are minimal on the drainage system. The Drainage Report
did not include this information, which must be submitted with the Change
of Zone application. The applicant will need to discuss the 5-year and
100-year storm calculations and the parallel data to prove minimal
impacts on the drainage system.
F. The final Drainage Report must record the 100-year storm elevation in
the text of the article. The Grading Plan shall adequately show the
culvert locations, and label them with a leader.
G. The Grading Plan must clarify the "Discharge Storm Runoff Into Waste
Ditch" note, as it does not indicate any specific drainage feature.
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H. The applicant shall properly acknowledge the discussion and conclusions
in the Drainage Report. Calculated results and a summarization of the
drainage findings must be included. Off-site flows and on-site flows must
be explained for the simultaneous events of the 100-year storm. The
Report's statement that the project is within compliance is not sufficient.
The applicant shall submit copies of the referenced material, "Techniques
for Estimating Regional Flood Characteristics of Small Rural Watersheds
in the plains of Eastern Colorado." This is in accordance with
Section 24-7-130 regarding Storm Drainage Design and Technical
Criteria.
J. As stated in an earlier referral, there appears to be approximately one
square-mile of off-site tributary drainage area north and west of the
development that will flow through the wetland area in a major storm.
The 100-year storm flow must be accounted for and routed through the
development taking into consideration the Coalbank Creek drainage.
Drainage facilities to handle the 100-year storm are not required, but the
limits of inundation must be shown on the Change of Zone plat.
K. The applicant shall submit approval of preliminary addresses and street
names from the Postal Service, Fire District and Sheriffs Office.
L. The applicant shall provide for a bus stop/mail pick up area at the
entrance to W.B. Farm Estates Minor Subdivision or provide written
evidence from Weld County School District RE-9 and the Postal Service
indicating that an alternative was preferred.
M. Roadway and grading plans along with construction details will be
required with the Final Plat submittal.
N. A final Geotechnical Report must be submitted with the Final Plat
materials. A professional geologist or professional engineer may sign the
report.
O. A Final Drainage Report stamped, signed and dated by a professional
engineer licensed in the State of Colorado shall be submitted with the
Final Plat application. In accordance with the Department of Public
Works referral dated December 9, 2002, all drainage concerns must be
met to the satisfaction of the Department of Public Works. Final drainage
construction plans, conforming to the drainage report, shall be submitted
with the Final Plat application.
P. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations, also
dimensioned on the Final Plat.
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Q. 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.
R. Effective January 1, 2003, Building Permits issued on the proposed lots
will be required to adhere to the fee structure criteria ofChapter 20 of the
Weld County Code, and shall require the payment of road impact fees at
the time a Building Permit is applied for.
S. 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).
4. 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).
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of March, A.D., 2003.
BO RD OF COUNTY COMMISSIONERS
W CO TY, COLORADO
ATTEST: ate#
David E. Long, Chair
Weld County Clerk to t
EXCUSED
w Robert D. Masden, Pro-Tem
BY: - -. .g.• c'
Deputy Clerk to the B. !'i `?.. EXCUSED DATE OF SIGNING (AYE)
M. J. Geile
OV D AS M: )/ ,t
Willie H. Jerk
o y A for ey /jam�,/ ���
Glenn Vaa
4/7/Date of signature:
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