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Home My WebLink About20002397.tiff DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax#(970) 304-6498 MINOR SUBDIVISION CHANGE OF ZONE APPLICATION App. Ch'd By: c; 3/%o Case Number: App. Fee: //Or, Receipt Number: 060,5/ Record. Fee: Receipt Number: Planner Assigned to Case: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Change of Zone for the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: Lot A RE2668 (pending) , situate in the SW 1/4 Section 7, Township 4North, Range 68 West, Weld County, Colorado. See Attached Exhibit (If additional space is required, attach an additional sheet) for metes & bounds description. Property Address (if available): WCR 1, N. or WCR 46 Present Zone AG Proposed Zone Estate Total Acreage 32.845 Overlay Districts (if applicable) NA SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR CHANGE OF ZONE: Name: Harl e 3 Schultz Home Telephone#: (970) 532-5001 Address: 119 rn„nty Road 46 Bus.Telephone#: Berthoud, Co 8051'1 Name: Home Telephone#: Address: Bus. Telephone#: APPLICANT OR AUTHORIZED AGENT (if different than above) Name: Home Telephone#: Address: Bus.Telephone#: ignature: er or Authorized gent Revised: 1-22-96 Planning/ Engineering Consultant Landmark .Engineering, Ltd Attn. Deanne Frederickson 3521 W. Eisenhower Blvd. Loveland, CO 80537 (970) 667-6286 8 EXHIBIT 2000-2397 1 Minor Subdivision Change of Zone Application Schultz First Subdivision Exhibit A Lot A Beginning at the Southwest Corner of Section 7,Township 4 North,Range 68 West of the 6'"Principal Meridian, County of Weld, State of Colorado;thence along the West line of the Southwest Quarter of said Section 7 North 01°26'45" East 1223.10 feet to the TRUE POINT OF BEGINNING;thence continuing along said West line North 01°26'45" East 835.01 feet to the Southwest Corner of Lot A of the Amended Recorded Exemption RE 1129; thence along the South and East lines of said Recorded Exemption and the East line of Lot A of the Recorded Exemption No. 609 North 89°57'08"East 570.00 feet; thence North 01°26'45"East 603.10 feet to a point on the North line of the Southwest Quarter of said Section 7; thence along said North line North 89°38'25" East 664.13 feet;thence departing said North line South 01°11'02" West 1432.50 feet;thence South 89°32'00" West 1,240.85 feet to the TRUE POINT OF BEGINNING. The above described Lot A contains 32.845 acres more or less. Minor Subdivision Change of Zone Application Schultz First Subdivision Change of Zone Questionnaire Introduction: The Schultz First Subdivision is currently zoned AG: Agricultural in the Weld County Zoning Ordinance. This application requests a change of zone of 32.8 acres to E: Estate District. A Concept Review application and a Recorded Exemption application(still pending)have preceded this application. It is the intent of the owner/applicant to subdivide this 32.8-acre parcel into 5 residential lots. The following is a narrative that answers the change of zone questionnaire: 1. How is the proposed rezoning consistent with the policies of the Weld County Comprehensive Plan? The primary goals of the Weld County Comprehensive Plan are as follows: • Preservation of agriculture and rural character. • Concentrate urban development in urbanized areas • Maintaining compatible land use in unincorporated areas. • Accommodate and promote industrial base • Expand and promote commercial base • Housing is affordable, high quality, and serviceable • Encourage creative design approaches in PUD developments The goals that apply to this project have to do with the preservation of agriculture and rural character, and making sure residential housing is high quality and is serviceable by utilities and community services. The intended equestrian uses, and estate lot development will compliment the predominant uses in the immediate area, and maintain the agrarian goals of the Weld County Master Plan. The concept review report as well as the Recorded Exemption application provided an analysis of the compliance of this project with the Comprehensive plan. The following summarizes the analysis, and provides further explanation to address these issues: A. Goal 1: "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. " The Schultz property is currently used for non-irrigated agricultural purposes. Though it is listed in the 1979 Farmland inventory as prime farmlands (U.S. Department of Agriculture Soil conservation Service, 1979),the property has not been irrigated or used for significant farm production for over 9 years. There are no plans or opportunities to significantly change the farming potential of this property. A. Policy 3: "conversion of agricultural land to residential, commercial and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area, or 1-25 Mixed Use Development area and urban development nodes." The Concept review analysis indicates that the "Town of Berthoud has indicated that the proposed subdivision does not conform to their long-range plans for the area." 03/02/00 1 Schultz First Subdivision However, a written response from the Berthoud Town Planner indicates they have no issues regarding the recorded exemption application. The Town of Berthoud Land use Plan indicates the Schultz property to be within the Berthoud Planning Area, in an agricultural land use area. After reviewing the definition for this district, it appears the proposed project is consistent with the goals of the Berthoud land use plan. The following service providers will serve the property: • Water: Little Thompson Water District: A letter of commitment attached with this application. • Sewer: On-Site septic systems: Initial percolation and soils profiles are included with this application. The preliminary tests indicate a need for combined septic systems, but appear initially to be within the acceptable limits of the Weld County requirements. (Per phone conversations with Seble McConnellogue, Environmental Health Services). • Schools: Thompson School district RE-2J: Concept Review indicates this proposal will not cause district enrollment to exceed service level C • Fire: Berthoud Fire District: The applicant is aware of the possible requirements for additional water line and hydrants for fire protection. This aspect of the proposal is subject to review during the subdivision application phase of the project. There is an existing fire hydrant on the corner of WCR 1 and WCR 46, which serves the needs of the existing structures. A.Goal 4: "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County" The Schultz property is currently used for non-irrigated agricultural purposes. Though it is listed in the 1979 Farmland inventory as prime farmlands (U.S. Department of Agriculture Soil conservation Service, 1979),the property has not been irrigated or used for significant farm production for over 9 years. There are no plans or opportunities to significantly change the farming potential of this property. R.Policy 5: "New Residential development should demonstrate compatibility with existing surrounding land-use... " Two previous recorded exemptions have resulted in the creation of residential lots adjacent to the property that are used for equestrian boarding. There are currently a number of equestrian-use ranches and "ranchettes" in the immediate vicinity, as well as large-lot residential uses. The applicant feels this would be the best agricultural use for his property as well. A.Policy 7: "Weld County recognizes the "right to farm". The applicant understands the agricultural uses that are in the area, and potential conflicts that may exist between agricultural uses and residential uses, such as noise, odor, etc. The applicant recommends placing notes on the future subdivision plat that addresses these issues as well. 03/02/00 2 Schultz First Subdivision P.Goal 2: .."requires adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of Weld County... " Future subdivision applications will reflect the required roadway widths, R.O.W. dedication, and pavement type and maintenance responsibilities. 2. How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses? Two previous recorded exemptions have resulted in the creation of residential lots adjacent to the property that are used for equestrian boarding. There are currently a number of equestrian-use ranches and "ranchettes" in the immediate vicinity, as well as large-lot residential uses. The applicant feels this would be the best agricultural use for his property as well. Include a description of existing land uses for all properties adjacent to the subject property. 3. Will the property use a septic system or public sewer facilities? The proposed lot (and future subdivision) will be served by an on-site septic system. The permit for the existing septic system has been included in previous submittals for your information. Also, preliminary percolation tests and soil profiles were conducted on the remaining parcel to determine adequacy for septic systems for future development. This information is also included with this packet for your information. 4. Who will provide adequate water, including fire protection, to the property? There is domestic water available for the site, as demonstrated by the letter of commitment from the Little Thompson Water District(attached). The Berthoud Fire District will serve the fire protection needs of the future residential uses planned for this property. The applicant is aware of the possible requirements for the placement of additional water line and hydrants for fire protection. This aspect of the proposal is subject to review during the subdivision application phase of the project. There is an existing fire hydrant on the corner of WCR 1 and WCR 46, which serves the needs of the existing structures. 5. Does the property have soils with moderate or severe limitations for construction? If yes,the applicant shall submit information that demonstrates that the limitations can be overcome. Soils data was collected and percolation tests were conducted to determine the adequacy of the soil for residential construction and septic system use. The perc tests indicate that percolation rates were somewhat slow, and that septic systems will likely require engineered systems using a combination/ET design. SCS soils data indicates that this soil type has "fair to poor potential for urban development. It has moderate to high shrink swell, low strength, and moderately slow permeability. These features create problems in dwelling and road construction". The limitations presented by the soil conditions can be easily overcome by the use of engineered foundations. This is a very low-density residential development that does not have a huge impact on the area(as would be the case with a standard, more urban 03/02/00 3 Schultz First Subdivision development). The planned cul-de-sac that will serve the residences will be carefully engineered as well. It is not anticipated that the road will be paved at this time. 6. Is the road and/or highway facility providing access to the properties adequate to meet the requirements of the proposed zone district? The existing road,WCR 1 will adequately serve the proposed development. There will be a maximum of 5 homes in this development,which will not produce a significant impact on the local transportation system. 7. Is there sand, gravel, or other mineral resource on or under the subject property? Soils data indicates there could be small,long and narrow areas of sand and gravel deposits. Because the relative size of the area is small,extraction of any potential mineral deposits would not be economically feasible. 8. Is the change of zone area located in a Flood Hazard Overlay District? NO. 9. Is the change of zone area located in a Geologic Hazard Overlay District? NO. See also, attached Geologic Hazards report prepared by Landmark Engineering Ltd.,August 2, 1999. 10. Is the change of zone area located in the Airport Overlay District? NO 03/02/00 4 Schultz First Subdivision Hello