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HomeMy WebLinkAbout20030441.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bernie Ruesgen, along with the addition of#3 X, 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-1001 APPLICANT: Carl Hill/W. B. Farm Estates PLANNER: Monica Daniels-Mika LEGAL DESCRIPTION: Lot B of RE-1563; part of the NW4 of Section 20, T7N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A(Agricultural) to E (Estate)for 9 residential lots. LOCATION: South of and adjacent to WCR 80; approximately '%mile east of WCR 27. 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.A.Goal 1 states"Conserve farmland for agricultural purposes which foster the economic health and continuance of agriculture." Chapter22,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. Section 22-2-60. G. 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. Section 22-2-180.8.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 MZ-1001. Chapter 23 of the Weld County Code defines non-urban scale development as developments comprising of nine or less residential lots, located in a non-urban area not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. The surrounding land area is comprised of lots either created through the Recorded Exemption process or as by right. As proposed, this subdivision meets the definition for a non-urban scale development. Section 22-2-190.D. R.Goal 4.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 this subdivision can be supported in this area. 14 EXHIBIT 2003-0441 #lore► Resolution MZ-1001 Carl Hill Page 2 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 agriculture in nature. The Department of Planning Services'finds that the granting of this change of zone will have a minimal impact on the surrounding land uses. 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 North Weld County Water District. The Weld County Attorney's Office has reviewed 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 Estate Zone District. 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 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 Health Department has reviewed this proposal. The applicant proposes a 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 Health Department policy. Because of the large lot sizes and the preliminary percolation test data,the Department does not require the applicant to designate any septic system envelopes on the proposed lots. Fire Protection will be provided by the Ault Fire Protection District. No referral response was received. 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." The Weld County Public Works Department reviewed this referral and determined in comments given November 27, 2002, in the associated Recorded Exemption (RE-3473) that an access agreement can be entered into with the adjoining neighbor to ensure that adequate access is available to serve these parcels. WCR 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. WCR 29 is paved just east of the proposed development. Traffic counts taken in June 1997, indicated 1 91 vehicles per d ay on C R 8 0 (between C R 2 7 a nd C R 2 9). 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. Section 24-3-60.P.12. of the Weld County Code states,"Ingress and Egress to all lots within ,.-. the Minor Subdivision will be to an internal road circulation system." Minor subdivision roadways serving nine 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, Resolution MZ-1001 Carl Hill Page 3 Design Standards and shall be delineated on future applications. The applicant is proposing an internal gravel road. E. 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 Utility 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. F. 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 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. 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 Eight(8)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 stipulated that oil and gas activities have been adequately incorporated into the design of the site and that mineral owners concerned have been mitigated. (Department of Planning Services) 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 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. (Department of Planning Services). 2. All future signs including entrance signs, street signs and stop signs shall be delineated on the plat at all intersections. (Departments of Planning Services and Public Works) 3. The location of the development identification sign. (Department of Planning Services, Weld County Sheriff's Office) Resolution MZ-1001 Carl Hill Page 4 4. The location of the bus shelter for school children, including pull off area. (Department of Planning Services, Weld County Sheriff's Office) 5. The location of the mail box pedestal, if required.(Department of Planning Services) 6. The applicant shall provide evidence that Lot B of RE-3473 has appropriately approved access. 7. WCR 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 Utility Board recommendations, also dimensioned on the final plat. (Departments of Public Works, Planning Services) 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. (Department of Public Works and Planning Services.) r 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 Public Works with written documentation. The change of zone plat shall show the dimensioning 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 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. Resolution MZ-1001 Carl Hill Page 5 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 CR 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. 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 eight(8) residential lots. (Department of Planning Services) 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 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. 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) 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 Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) F. 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) G. 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) feN Resolution MZ-1001 Carl Hill Page 6 H. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Departments of Planning Services and Public Health and Environment) Weld County's Right to Farm, as stated on this plat, shall be recognized at all times. (Department of Planning Services) 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. (Department of Planning Services) K, 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) L. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) M. 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) N. Appropriate Building Permits shall be obtained prior to any construction or excavation. (Department of Planning Services) 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. (Department of Planning Services) P. Building permits shall be obtained prior to the construction of any building. (Building Inspection) 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. (Building Inspection) 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 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Building Inspection) 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. (Building Inspection) 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 the Chapter 23 of the Weld County Code. (Building Inspection) Resolution MZ-1001 Carl Hill Page 7 U. 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 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 Foundation Plans shall be on the site and available to inspectors for each inspection. (Building 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,(Ordinance 211)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. (Dept. of Planning Services) 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. X. The HOA will accept and provide uninterrupted maintenance of their internal roads. 4. 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. (Department of Planning Services) B. The applicant shall submit covenants for Minor Subdivision. The covenants shall be approved by the Weld County Attorney's Office prior to recording the final plat.(Department of Planning Services) C. The right-of-way for the internal roadway shall be dedicated to the County. (Department of Planning Services, Department of Public Works) D. The applicant shall enter into an agreement with the County to proportionately share the cost of paving CR 80 from the development access over to CR 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 show the culvert locations more clearly and label them with a 'leader', as it is difficult to identify them. G. The Grading Plan must clarify the "Discharge Storm Runoff Into Waste Ditch" note, as it does not indicate any specific drainage feature. Resolution MZ-1001 Carl Hill Page 8 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. Offsite flows and onsite flows must be explained for the simultaneous events of the 100- year storm. The reports 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 County Code Sec.24-7-130,Storm drainage design and technical criteria. J. As stated in an earlier referral,there appears to be approximately one-square-mile of offsite 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 name from the Postal Service, Fire District and Sheriff's Department. (Department of Planning Services) 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. (Department of Planning Services) M. Roadway and grading plans along with construction details will be required with the final plat submittal. (Department of Public Works) N. A final Geotechnical report must be submitted with the final plat materials. A professional geologist or professional engineer may sign the report. (Department of Public Works) 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. (Department of Public Works) P. Easements shall be shown in accordance with County standards and / or Utility Board recommendations, also dimensioned on the final plat. (Departments of Public Works, Planning Services) Q. All landscaping within the site distance triangles must be less than 3'/z feet in height at maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be outside the sight distance triangles. (Departments of Public Works, Planning Services) R. 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 I, Section 20-1-10 of the Weld County Code, (Ordinance 2002-9)and shall require the payment of road impact fees at the time a building permit is applied for as addressed through Section 20-1-200. (Dept. of Planning Services) Resolution MZ-1001 Carl Hill Page 9 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). (Department of Planning Services) 5. 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) Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Fred Walker Michael Miller John Folsom Cathy Clamp Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Bernard Ruesgen 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 January 7, 2003. Dated the 7th of January, 2003. Voneen Macklin Secretary CASE NUMBER: MZ-1001 APPLICANT: Carl Hill/W. B. Farm Estates PLANNER: Monica Daniels-Mika LEGAL DESCRIPTION: Lot B of RE-1563; part of the NW4 of Section 20, T7N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A (Agricultural) to E (Estate) for 9 residential lots. LOCATION: South of and adjacent to WCR 80; approximately '/2 mile east of WCR 27. r A i yy49 P�1 } 11$1{ � arli} It I PptafilI�4 y i3j} g • Q4F S' la t'a • < rev p • • 1 ?»w . »a« � • • - • • . ! . . .: . . \ § Sintet:zry\ } 043/4 • • „. • \ • • f^^7 . • \ \\ \ ,„ . 2 . h ; Y J+ . L W.S-`-N? 1 S L 4 by .-A i is "$%:-• 1' .r.",*:-.,--•.`•,‘,, }. 4$ , ..T H •44.4,,:?' -- # 'b4-• -L$.L ? 'ie::-... 'Si qtr NA 'S''v t .. 1' e, sw�s • '; r sue"' L1-4°,�:� t'atrt S," p , ea+ ',. • ... ..-i 7"�- §?y'r'a-c .`kt.l jam. - �''` 's <.. r'*'w;r g 7 st el J" 4 ik 3 <. ,4, a1eJy,. fi `,�i" /l.ni?�4 a;ip ""$ei'�+,, ♦..d''PPS ,r �'��'�' �2' ,. t f tf t x .p e � - ,,::,;(44 ,' art ,,;"4-4„„„ ' " .; . 1 1,.. 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