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Home My WebLink About20000247.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS' Moved by Bryant Gimlin 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: PLANNER: Eric Jerman • CASE NUMBER: Z-533 r IC ` • APPLICANT: Shawn Petersburg i ADDRESS: 2509 WCR 10, Erie, CO 80516 ' r I f REQUEST: Change of Zone for a 3-Lot Minor Subdivision. LEGAL DESCRIPTION: SE4 of Section 9, Township 1 North, Range 68 West of the 6th F'.M. Weld County, Colorado. LOCATION: East of and adjacent to WCR 5; North of and adjacent to WCR 10. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 21.4 of the Weld County Zoning Ordinance, as amended. 2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance, as amended as follows: A. Section 21.5.1.1 - That the proposal is consistent with the Weld 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 USDA 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 has established an example covenant which shall be incorporated on all pertinent land use plats." The Department of Planning Services will require the covenant to appear on the recorded plat B. Section 21.5.1.2 - 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 an urban growth area, nor is the applicant proposing an urban scale development. The right-to-farm covenant will be attached to the request thus informing any new residents that the area the surrounding community is agricultural 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. There are several residences to the south and west of this site. = EXHIBIT 2000-0247 Ca -#533 /1 RESOLUTION Z-533 Petersburg Minor Subdivision Page 2 C. Section 21.5.1.3-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 Left Hand Water District. Each lot for the proposed minor subdivision shall have an Individual Sewage Disposal System (ISDS) installed per the Weld County Health Department requirements and specifications. D. Section 21.5.1.4 - Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts. The Weld County Public Works Department reviewed this request and indicated that the internal road system shall be eighteen feet (18') in width have a minimum of four inches(4")of aggregate base course. The two existing accesses onto WCR 10 for Lot 3 shall be closed. E. Section 21.5.1.5 - In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 21.5.1.5.1 - The proposed change of zone does not lie within any overlay district identified by the maps officially adopted by Weld County. 2) Section 21.5.1.5.2-The proposed rezoning does 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 & 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." 3) Section 21.5.1.3 - Due to the location of the site in the Geologic Hazard Area Overlay, the Department of Planning Services has determined that the applicant shall apply for and be approved for a Geologic Hazard Development Permit prior to recording the Final Plat. Condition of Approval # 2.A.(2) addresses this requirement. 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 Estate Five Lot Subdivision is conditional upon the following: 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. A. Prior to recording the Final Plan plat: RESOLUTION Z-533 Petersburg Minor Subdivision Page 3 1) 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. 2) The applicant shall apply for and be approved by the Department of Planning Services for a Geological Hazard Development Permit. 3. A. Prior to scheduling a hearing before the Board of County Commissioners: 1) The applicant shall provide signed copies of applicable agreements with all service providers which indicate that service will be provided for the maximum number of lots proposed. The agreement shall include a full commitment from the Left Hand Water District to provide water to all of the residential lots for domestic, as well as irrigation of lawns and gardens. B. Prior to recording the Change of Zone plat: 1) The applicant shall provide a copy of a draft Improvements Agreement which addresses all access concerns, as addressed by the Public Works Department. (Department of Planning Services) C. The Change of Zone Plat shall be amended to include the following: 1) The current Right to Farm Covenant from the Weld County Comprehensive Plan. (Department of Planning Services) 2) 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 road. (Public Works) 3) The name of the street, which shall not conflict with any other street within the particular U.S. Postal area. (Department of Planning Services) D. The following notes and information shall be delineated on the Change of Zone plat: 1) 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. (Department of Planning Services) 2) Water service shall be provided by the Left Hand Water District. (Public Health & Environment) 3) 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 Regulations. (Public Health & Environment) 4) The existing septic system on Lot 2 shall be abandoned according to the Weld County I.S.D.S. Regulations. (Public Health & Environment) RESOLUTION Z-533 Petersburg Minor Subdivision Page 4 5) 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. (Department of Planning Services) 6) The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department, and the Weld County Department of Planning Services. (Department of Planning Services) 7) Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. (Department of Planning Services) 8) The site shall be developed in accordance with the recommendations contained in the geotechnical report prepared by Scott, Cox&Associates, dated July 5, 1998. (Department of Planning Services) 9) Effective December 1, 1999, Building Permits issued on proposed Lot A and Lot B of Z-533 will be required to adhere to the fee structure of the Southwest Weld County Service Area Road Impact Program (Ordinance 211) 10) RIGHT TO FARM COVENANT Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Agricultural users of the land should not be expected to change their long- established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions RESOLUTION Z-533 Petersburg Minor Subdivision Page 5 to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines,territorial farm dogs,and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Prior to the release of any building permits: 1) The applicant shall supply designated street signs and a stop sign at the appropriate location adjacent to WCR 10, additionally a speed limit sign shall be posted on the internal road. (Public Works) 2) A soils report shall be supplied to Weld County Building Inspections with blueprints when applying for building permits. 3) Evidence shall be submitted to the Department of Planning Services that the requirements of the St. Vrain Valley School District have been met, as outlined in a referral response letter, dated June 7, 1999. (Department of Planning Services) 4) Effective December 1, 1999, Building Permits issued on proposed Lot A and Lot B of Z-533 will be required to adhere to the fee structure of the Southwest Weld County Service Area Road Impact Program (Ordinance 211) Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Fred Walker Cristie Nicklas Arlan Marrs John Folsom Bruce Fitzgerald Michael Miller Bryant Gimlin Jack Epple Stephen Mokray 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. RESOLUTION Z-533 Petersburg Minor Subdivision Page 6 CERTIFICATION OF COPY I, Trisha Swanson, 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 December 7, 1999. Dated the 7th of December, 1999. Trisha Swanson Secretary Hello