HomeMy WebLinkAbout20000246.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #533 FROM A (AGRICULTURAL) TO E (ESTATE) FOR
THREE (3) LOT MINOR SUBDIVISION -SHAWN AND PAULA PEl'ERSBURG
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 23rd day of February, 2000, at 10:00 a.m.
for the purpose of hearing the application of Shawn and Paula Petersburg, 2509 Weld County
Road 10, Erie, Colorado 80516, requesting a Change of Zone from the A (Agricultural) Zone
District to the E (Estate) Zone District for a three (3) Lot Minor Subdivision for a parcel of land
located on the following described real estate, to-wit:
SE1/4 of Section 9, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present at said hearing on February 23, 2000, and
WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance 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 requiremeits listed in
Section 21.7 et seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 21.6 of the Weld County Zoning
Ordinance as follows:
a. Section 21.6.2.1 - The proposal is consistent with the /Veld County
Comprehensive Plan.
1) A.Goal 1 states, "Preserve prime farmland for agricultural
purposes which fosters economic health and continuance of
agriculture." The subject property is categorized as prime
farmground by the U.S.D.A. Soil Conservation map. The small
size, the shape of the site, the topographic relief, and dry pond
areas make it difficult to farm.
2) A.Policy 7 states, "Weld County recognizes the 'right to farm,' In
order to validate this recognition Weld County ias established an
example covenant which shall be incorporated on all pertinent
land use plats." The Department of Planning Services will require
the Right to Farm Covenant to appear on the recorded plat.
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b. Section 21.6.2.2 - The uses which would be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses. The proposed site does not lie within an urban
growth area, nor is the applicant proposing an urban scale development.
The Right To Farm Covenant will be attached to the r?quest, thus
informing any new residents that the surrounding area is agricultural in
nature. The Department of Planning Services believes that granting this
Change of Zone will have a minimal impact on the surrounding land uses.
There are several residences located south and west of this site.
c. Section 21.6.2.3 -Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed Zone
District. Domestic water and water for fire protection shall be provided by
the Left Hand Water District. Each lot for the proposed Minor Subdivision
shall have an Individual Sewage Disposal System (I.S.D.S.) installed in
accordance with the Weld County Department of Pubic Health and
Environment requirements and specifications.
d. Section 21.6.2.4 - 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 request and indicated that the internal road system shall be eighteen
feet (18') in width and have a minimum of four inches (4") of aggregate
base course. The two existing accesses onto Weld County Road 10 for
Lot 3 shall be closed.
e. Section 21.6.2.5 - In those instances where the follow ng characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) Section 21.6.2.5.1 - The proposed Change of Zone does not lie
within any overlay district identified by the maps officially adopted
by Weld County other than the Geologic Hazard Area Overlay,.
2) Section 21.6.2.5.2 - The proposed rezoning dces not contain the
use of any area known to contain a commercial mineral deposit in
a manner which would interfere with the present or future
extraction of such deposit by an extraction to any greater extent
than under the present zoning of the property. In a referral letter,
dated July 5, 1998, Scott, Cox and Associates determined that
there is potentially some coal deposits under the site that were not
mined by previous mining operations; however, the report notes
that, "...it is doubtful that a combination of circumstances would
ever allow further mining, with plentiful, shallow and cheap coal
nearby in Wyoming."
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3) Section 21. 6.2.5.3 - Due to the location of the site within the
Geologic Hazard Area Overlay District, the Department of
Planning Services has determined that the applicant shall apply,
and be approved for, a Geologic Hazard Development Permit
prior to recording the Final Plat as indicated in the Conditions of
Approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Shawn and Paula Petersburg for Change of
Zone #533 from the A (Agricultural) Zone District to the E (Estate) Zone District for a three (3)
Lot Minor Subdivision on the above referenced parcel of land be, and hereby is, granted subject
to the following conditions:
1. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the Final Plan plat:
a. The applicant shall provide evidence to the Department of Planning
Services that all the requirements of the Mountain View Fire Protection
District have been met, as outlined in a referral response letter, dated
January 27, 1999.
b. The applicant shall apply to and be approved by the Cepartment of
Planning Services for a Geological Hazard Development Permit.
3. Prior to recording the Change of Zone plat:
a. The applicant shall provide a copy of a draft Improvements Agreement
which addresses all access concerns, as addressed by the Department
of Public Works.
4. The Change of Zone Plat shall be amended to include the following:
a. The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
b. The cul-de-sac at the north end of the property shall be included within
the 60-foot public right-of-way to avoid a dead-end roaid.
c. The name of the street, which shall not conflict with any other street
within the particular U.S. Postal area.
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5. The following notes and information shall be delineated on the Change of Zone
plat:
a. The Minor Subdivision shall consist of three (3) Estate zoned lots. The
Change of Zone allows for Estate uses which shall comply with the Estate
Zone District requirements as set forth in Section 36 of the Weld County
Zoning Ordinance. Each of the three lots shall be buildable.
b. Water service shall be provided by the Left Hand Water District.
c. A Weld County Septic Permit is required for the proposed home septic
system(s) and shall be installed according to the Weld County Individual
Sewage Disposal (I.S.D.S.) regulations.
d. The existing septic system on Lot 2 shall be abandoned according to the
Weld County Individual Sewage Disposal (I.S.D.S.) regulations.
e. Any signage located on the property that requires building permits shall
have approved building permits and adhere to Section 42.2 of the Weld
County Zoning Ordinance.
f. 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.
g. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
h. The site shall be developed in accordance with the recommendations
contained in the Geotechnical Report prepared by Scott, Cox and
Associates, dated July 5, 1998.
Effective December 1, 1999, Building Permits issued on proposed Lot A
and Lot B of Change of Zone#533 will be required to adhere to the fee
structure of Ordinance #211, the Southwest Weld County Service Area
Road Impact Program.
j. The Right To Farm Covenant, as found on Page 7-1 of the Weld County
Comprehensive Ordinance #147-P, effective March 25, 1999.
6. Prior to the release of any building permits:
a. The applicant shall supply designated street signs and a Stop sign at the
appropriate location adjacent to Weld County Road 10, additionally a
speed limit sign shall be posted on the internal road.
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b. When applying for building permits, a soils report with blueprints shall be
supplied to the Weld County Building Inspections Department.
c. Evidence shall be submitted to the Department of Plaining Services that
the requirements of the St. Vrain Valley School District have been met, as
outlined in a referral response letter, dated June 7, 1599.
d. In accordance with Ordinance #211, effective December 1, 1999,
Building Permits issued on proposed Lot A and Lot B of Change of Zone
#533 will be required to adhere to the fee structure of the Southwest
Weld County Service Area Road Impact Program.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of February, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: %��J�y'r'. / � `„�G /
arbara Jmeyer, Chair
Weld County Clerk to the =•ar,/.,v ✓� //
1961
f . J. wile, Pro-Tem
BY: • •
Deputy Clerk to the Bo zi 1George r Baxter
g/1APPROVED AS TO FORM: ,__ O-Ed7L ej
Dale K. Hall
)
County%ttoty EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad
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