HomeMy WebLinkAbout20030170 RESOLUTION
RE: GRANT CHANGE OF ZONE #614 FROM A(AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT FOR A NINE (9) LOT MINOR SUBDIVISION -TIMOTHY
AND LISA BROUGH
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 5th day of February, 2003, at 10:00 a.m.
for the purpose of hearing the application of Timothy and Lisa Brough, 41132 Weld County
Road 13, Fort Collins, Colorado 80524, 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 #1911; being part of
the SW1/4 of Section 6, Township 7 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicants were represented by Tony Evans, Elite Consulting, Inc.,
P.O. Box 94, Greeley, Colorado 80632, 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 applicants have 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 23-2-40.6 of the Weld County Code
as follows:
a. Section 23-2-40.B.1 -- That the proposal is consistent with the policies of
Chapter 22 of this Code; if not, that the zoning of the property under
consideration is faulty, or that changing conditions in the area warrant a
Change of Zone.
b. Section 23-2-40.6.2 -- That the uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses.
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c. Section 23-2-40.6.3 -- That adequate water and sewer service can be
made available to serve the site. If the rezoning is approved, the
applicants shall demonstrate, prior to issuance of building permits on the
site, that the water and sewer services are available at the site and are
adequate and appropriate to meet the development requirements.
d. Section 23-2-40.6.4 -- That street or highway facilities providing access
to the property are adequate in size to meet the requirements of the
proposed Zone District.
e. Section 23-2-40.B.5 -- That, in those instances where the following
characteristics are applicable to the rezoning request, the applicants have
demonstrated compliance with the applicable standards:
1) Section 23-2-40.B.5.a -- If the proposed Change of Zone is
located within any Overlay District identified by maps officially
adopted by the County, that the applicants have demonstrated
compliance with the County regulations concerning Overlay
Districts. Compliance may be demonstrated in a previous public
hearing or in the hearing concerning the rezoning application.
2) Section 23-2-40.B.5.b -- That the proposed rezoning will not per-
mit the use of any area known to contain a Commercial Mineral
Deposit as defined by State statutes in a manner which would
interfere with the present or future extraction of such deposit by
an extractor to any greater extent than under the present zoning
of the property.
3) Section 23-2-40.B.5.c-- If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site, that such limitations
will be addressed by the applicants and/or the applicants'
successors or assigns prior to development of the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Timothy and Lisa Brough for a Change of Zone
from the A (Agricultural) Zone District to the E (Estate) Zone District 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 applicants shall submit a signed copy of an agreement with the
Larimer County Canal (Water Supply and Storage Company) regarding
the requirements and concerns as outlined in the letter, dated
September 13, 2002, stipulating that the proposed design of the site has
addressed the Company's concerns. Evidence shall be submitted to the
Weld County Department of Planning Services for review and approval.
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B. The Plat shall be titled "Pheasant Crest Estates Minor Subdivision -
Change of Zone MZ-614" per Section 24-3-40 and Chapter 23, Article II,
Division I, of the Weld County Code.
C. The Change of Zone plat shall be amended to delineate the following:
1) The Larimer County Engineering Department, in its referral dated
May 23, 2002, states that Weld County Road 13, (LCR 901) is
functionally classified as a Minor Collector Road requiring 100 feet
of right-of-way. There is currently sixty feet of right-of-way. The
applicants shall delineate fifty feet of right-of-way reservation for
the future expansion of Weld County Road 13 (LCR 901).
2) All future signs, including entrance signs, street signs and Stop
signs shall be delineated on the plat.
3) The internal and external roads shall address all issues indicated
in the Weld County Department of Public Works referral dated
October 28, 2002.
4) The internal roadway (Pheasant Crest Drive) right-of-way shall be
60 feet in width, including cul-de-sacs with a 65-foot radius. The
cul-de-sac edge of pavement radius shall be 50 feet.
5) Public Works has located what appears to be an unmarked
drainage ditch in Lot 9. The applicants shall show and label all
existing irrigation systems for this development on the Change of
Zone and Final plats. Ditch easements should be noted.
6) The applicants shall delineate the "No Build Zones"with a drawing
'hatch' to distinguish these areas on the Change of Zone plat.
7) All known and/or recorded prescriptive easements, rights-of-way
and physical structures, including ditches, laterals, weirs or other
water diversion structures under the control of the Larimer County
Canal and Water Supply and Storage Company, shall be
delineated.
8) The AT&T easement, recorded in Book 1075, page 259 shall be
accurately delineated.
9) The location of the development identification sign.
10) The location of the bus shelter for school children, including pull
off area.
11) The location of the mail box pedestal, if required by the Fort
Collins Post Office or evidence that it is not required.
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12) All graphic evidence of an access from Lot 7 onto Weld County
Road 13.
D. The applicants shall relocate the nine hundred plus game birds
(pheasants) presently housed on Lot 7 of this development. Per the
E (Estate) Zone District, twenty-five (25) pheasants are permitted per
acre. Lot 7 is approximately eleven (11) acres in size, which allows 275
birds.
E. The applicants shall submit evidence of compliance with
Section 23-3-440.J addressing accessory structures on Lot 7.
F. The applicants shall address the concerns of the Poudre Fire Authority,
as stated in a memorandum dated October 23, 2002, and incorporate
remedies for these concerns. Written evidence of a solution shall be
provided to the Department of Planning Services.
G. The applicants shall address the concerns of the Weld County Sheriff's
Office as stated in a memorandum dated October 3, 2002, and
incorporate remedies for these concerns. Written evidence of a solution
shall be provided to the Department of Planning Services.
H. 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
applicants shall submit a digital file of all drawings associated with the
Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and
.dgn (Microstation); acceptable GIS formats are .shp (Shape Files),
Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4) ... (Group 6 is not
acceptable).
2. The Change of Zone is conditional upon the following and each shall be placed
on the Change of Zone plat as notes, prior to recording:
A. The Change of Zone allows for E (Estate) Zone uses and shall comply
with the E (Estate) Zone District bulk 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 North Weld County 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.
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D. If required, the applicants shall obtain a Storm Water Discharge Permit
from the Water Quality Control Division of the Colorado Department of
Public Health and Environment. Silt fences shall be maintained on the
down gradient portion of the site during all parts of the construction phase
of the project.
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," as provided in Appendix 22-E of the Weld
County Code, shall be placed on any recorded plat.
Care will be required in locating septic systems on Lots 5 and 6 due to
the emergency access between the lots, and on Lots 4, 8, and 9 due to
the utility easement and wetlands (Lots 8 and 9).
J. Weld County's Right to Farm, as stated on this plat, shall be recognized
at all times.
K. 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.
L. Personnel from the Weld County Departments of Public Health and
Environment, Planning Services, 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 Development
Standards stated herein and all applicable Weld County regulations.
M. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
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N. 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.
O. Appropriate Building Permits shall be obtained prior to any construction
or excavation.
P. 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.
Q. Building Permits shall be obtained prior to the construction of any
building.
R. 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.
S. 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 Electric Code (NEC), and Chapter 29 of the Weld County Code.
T. 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.
U. 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.
V. 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
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and Foundation Plans shall be on the site and available to inspectors for
each inspection.
W. The Developer or Homeowners' Association representative shall provide
each owner and/or builder with a copy of the Geotechnical Engineering
Report prepared by Terracon, dated October 12, 2001.
3. At the time of Final Plat:
A. Prior to recording the Final plat, the applicants shall provide written
evidence from Weld County School District RE-4 which indicates that all
District requirements have been met.
B. The applicants shall submit an Improvements Agreement regarding
collateral for all improvements to the Minor Subdivision for acceptance by
the Board of County Commissioners prior to recording the Final plat.
C. The applicants shall submit Covenants for Pheasant Crest Minor
Subdivision. The Covenants shall be approved by the Weld County
Attorney's Office prior to recording the Final plat. Covenants shall
address the issues of no water being available for irrigation and
protection of dry pastureland from overgrazing.
D. The right-of-way for the internal roadway shall be dedicated to the
County.
E. The applicants shall submit approval of preliminary addresses and street
name from the Postal Service, Fire District, and Sheriffs Office.
F. The applicants shall provide for a bus stop/mail pick up area at the
entrance to Pheasant Crest Minor Subdivision or provide written evidence
from Weld County School District RE-4 and the Postal Service indicating
that this alternative was preferred.
G. The right-of-way shall be verified and shown on the Final plat for Weld
County Road 84 and Weld County Road 13 (LCR 901). If the
right-of-way cannot be documented, it will be dedicated on the Final plat.
H. The applicants shall enter into an agreement with Weld County to
proportionally share the cost of improvements to Weld County Road 13
from Weld County Road 84 to State Highway 14.
Roadway and grading plans, along with construction details, will be
required with the Final plat submittal.
J. The applicants shall provide a pavement design prepared by a
professional engineer.
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K. 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. The five-year storm and 100-year storm drainage
studies shall take into consideration off-site flows both entering and
leaving the development. Final drainage construction plans, conforming
to the drainage report, shall be submitted with the Final plat application.
L. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations on the Final plat.
M. 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.
N. Any agreement between the Water Supply and Storage Company and
the applicants shall be submitted for recording.
O. The applicants shall verify the Larimer County Canal ditch right-of-way on
the Final plat and provide a confirmation letter from the company.
P. Prior to recording the Final plat, the applicants 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. Prior to Recording the Final Plat:
A. "Weld County's Right to Farm," as provided in Appendix 22-E of the Weld
County Code, shall be placed on the recorded deeds for the individual
parcels.
B. A notification shall be included on the deeds to the potential purchasers
that an existing confined animal feeding operation currently exists in the
neighborhood and that the ability of the current or any new owner of the
dairy to expand shall not be inhibited by the development pending that
applicable rules and regulations are met.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
_DD ��� WELDUNTY, COLORADO
ATTEST: to /1 7/!/�� cl
ild��
d vid E. Long, Chair
Weld County Clerk to t o 4
1861 "'t a '�-
1 V,a, S Robert D. sden, Pro-Tern
BY:
Deputy Clerk to the (VI hit
M. J. Geile
APPROVED AS T M EXCUSED DATE OF SIGNING (AYE)
7 Willis H.ey Jerke�
ounty Attorn
Glenn Vaad
Date of signature: 3//-
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