HomeMy WebLinkAbout20031681 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, along with the addition of 3Q, 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-1017
APPLICANT: Jeff Stamp
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-2462; part SW4 Section 36,T4N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Minor Subdivision Change of Zone from A (Agricultural) to E (Estate)for
nine (9) lots.
LOCATION: North of and adjacent to CR 38; '/I mile west of CR 13
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.D. (A.Goal 4.) -- 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
/'a- is for a nine (9)lot non-urban scale subdivision. Conditions of approval ensure the site will
be compatible with surrounding properties.
B. Section 23-2-30.A.2. states"That the uses which would be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land uses." The
proposed site does not lie within the Urban Growth Boundary or 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 their interests.The Town of Berthoud indicated the property was located
beyond the Town'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 that they do 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 the granting of this change of zone will have a minimal impact on
the surrounding land uses.
C. Section 23-2-30.A.3.states"That adequate waterand 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 Little Thompson Water District. The
agreement has been approved by the Weld County Attorney's Office. The applicant has
indicated that 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 (ISDS)and the overall density meets the current Department policy. Each lot for
the proposed minor subdivision shall have an ISDS installed per the Weld County
Department of Public Health and Environment requirements and specifications.
EXHIBIT
2003-1681
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Resolution MZ-1017
Jeff Stamp
Page 2
D. Section 23-2-30.A.4 states"Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district." County 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 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 4-foot gravel shoulders. The cul-de-sac edge of roadway radius
shall be fifty(50)feet.
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 has not submit 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.
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3) 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 registered professional engineer.
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 the A(Agricultural)to E (Estate)Zone for nine(9) lots is conditional upon
the following:
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 Mr. 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. (Departments of Planning Services and Public Works)
,., B. The applicant shall attempt to address the requirements (concerns)of the Town of Mead,
as stated in the referral response dated May 14,2003. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The Change of Zone plat shall be amended to delineate the following:
Resolution MZ-1017
Jeff Stamp
Page 3
1) The internal roadway cross-section shown on the change of zone plat is not
acceptable. The typical roadway cross-section should be shown as two 12-foot
gravel lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-
sac edge of roadway radius shall be 50-feet minimum. (Department of Public
Works)
2) The applicant shall move the mailbox kiosk out of the sight distance triangle.
(Department of Public Works)
3) "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)
4) Additional right-of-way shall be required adjacent to the bus pullout area equivalent
to the width of the pullout lane. (Department of Public Works)
D. 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 Department of Planning Services'Staff.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. (Department of Planning Services)
/'••• 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 Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision
shall consist of nine (9) residential lots. (Department of Planning Services)
B. Water service shall be obtained from the Little Thompson Water District. (Department of
Public Health and Environment)
C. A Weld County Septic Permit is required for each proposed septic system,which and shall
be installed according to the Weld County individual sewage disposal system regulations.
Each septic system shall be designed for site-specific conditions, including, but not limited
to:maximum seasonal high groundwater,poor soils,and shallow bedrock. (Department of
Public Health and Environment)
D. 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)
Resolution MZ-1017
Jeff Stamp
Page 4
G. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration, the responsible pary 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)
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. (Department of 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. 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.
(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. 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)
O. Building permits shall be obtained prior to the construction of any building including a bus
stop shelter if provided. (Building Inspection)
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. (Building Inspection)
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;
1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection)
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. (Building Inspection)
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
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23 of the Weld County Code. (Building Inspection)
Resolution MZ-1017
Jeff Stamp
Page 5
T. 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 mans. Approved
building and foundation plans shall be on the site and available to inspectors for each
inspection. (Building Inspection)
U. All landscaping within the triangles must be less than 31/2 feet in height at maturity.
(Department of Public Works)
V. Building sites should be sited on as high as possible to take advantage of positive drainage.
Subgrade construction should include perimeter drains that daylight to protect against the
buildup of hydrostatic pressure near foundation walls. (Colorado Geological Survey)
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. (Colorado Geological
Survey)
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 8 feet below ground level to determine whether groundwater is
present (or might be present seasonally). (Colorado Geological Survey)
Y. All homes within Stamp Minor Subdivision will be sprinklered for further protection against
fire. (Mountain View Fire Protection District)
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. (Department of Planning Services)
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. (Mountain View Fire
Protection District)
3. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence from St. Vrain
Valley School District which indicates that all district requirements have been met.
(Department of Planning Services)
B. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services)
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. (Departments of Public Health and Environment and
Planning Services)
Resolution MZ-1017
Jeff Stamp
Page 6
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
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. (Departments of
Planning Services and Public Works)
F. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District, Ambulance Service and Sheriff's Office. ( Department of
Planning Services)
G. 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.(Department
of Public Works)
H. 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 County Road 38. The
agreement shall particularly include the Great Western Railroad crossing at 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. (Department of Public Works)
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 & Profile. (Department of
Public Works)
J. Appropriate referral agencies shall be contacted regarding the bus pullout, especially the
school district of jurisdiction. The applicant shall provide to the Public Works Department
written documentation regarding this issue along with the final plat application materials.
(Department of Public Works)
K. Roadway and grading plans along with construction details will be required with the final
plan submittal. (Department of Public Works)
L. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Public Works)
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. (Department of Public Works)
N. Final drainage construction and erosion control plans, conforming to the drainage report,
shall be submitted with the final plat application. (Department of Public Works)
O. The applicant shall submit evidence that % share of Highland ditch water has been
transferred to the Stamp Minor Subdivision Homowners Association prior to recording the
final plat. (Department of Planning Services)
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). (Department of Planning Services)
Resolution MZ-1017
Jeff Stamp
Page 7
Q. Irrigation/non-potable water plans along with construction details will be required with the
final plan submittal. (Department of PUBLIC WORKS)
Motion seconded by Bruce Fitzgerald
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
John Hutson
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 June 17, 2003.
Dated the 17th of June, 2003.
Voneen Macklin
Secretary
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