HomeMy WebLinkAbout20000334.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #530 FROM A (AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT FOR A 5-LOT MINOR SUBDIVISION - DANIEL
OCHSNER
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 1st day of March, 2000, at 10:00 a.m. for
the purpose of hearing the application of Daniel Ochsner, 18905 Weld Coun y Road 94, La
Salle, Colorado 80645, requesting a Change of Zone from the A (Agricultural) Zone District to
the E (Estate) Zone District for a 5-lot Minor Subdivision for a parcel of land located on the
following described real estate, to-wit:
Lot A of Recorded Exemption #2151; being part of
Section 21, Township 3 North, 67 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing on March 1, 2000, at the request of the applicant, the Board
deemed it advisable to continue this matter to April 5, 2000, at 10:00 a.m., and
WHEREAS, at said hearing on April 5, 2000, the applicant was present, 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 requirements 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 Weld County
Comprehensive Plan.
1) A.Goal 3 discourages urban-scale residential development which
is not located adjacent to existing incorporated municipalities. The
proposed Minor Subdivision does not propose an urban-scale
development as defined by the Weld County Zoning Ordinance
and is not located adjacent to existing incorporated municipalities.
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CHANGE OF ZONE (COZ#530) - DANIEL OCHSNER
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2) A.Goal 1 states, "Preserve prime farmland for agricultural
purposes which fosters economic health and continuance of
agriculture." The site is designated as irrigated land (not prime) by
the United States Department of Agriculture.
B. Section 21.6.2.2 - The uses which will be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding
land uses. The Right To Farm Covenant is required to appear on the
recorded Change of Zone plat. The applicant has also indicated that
future residents will be informed of the meaning and intent of this
covenant by including it in the Ivy Crest Covenants. The Department of
Planning Services believes granting this Change of Zone will have a
minimal impact on the surrounding land uses.
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. The application materials indicate the lots wil utilize engineer
designed septic systems. In a referral dated August 2, 1999, the Weld
County Department of Public Health and Environment requested the
septic systems be installed according to Weld County Individual Sewage
Disposal System Regulations. The application includes a letter of
commitment from the Central Weld County Water District. The Office of
the State Engineer, Office of Water Resources, has i idicated that the
proposed lots will not cause material injury to existing water rights, and
the supply is expected to be adequate.
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. During the Sketch Plan phase of this Minor Subdivision,
the Weld County Department of Public Works recommended the interior
road be redesigned to avoid problems with traffic running parallel to the
collector road. The application for Change of Zone does not follow this
recommendation. In a referral received August 17, 1999, the Weld
County Department of Public Works requested the entrance to the site be
relocated to the opposite end of the subdivision. This will widen the
separation between ongoing traffic. Planning staff supports this proposal
and included this change as a Condition of Approval.
E. Section 21.6.2.5 - In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) Section 21.6.2.5.1 - The proposed Change of Zone is not located
within any Overlay District identified by maps Dfficially adopted by
Weld County.
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CHANGE OF ZONE (COZ #530) - DANIEL OCHSNER
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2) Section 21.6.2.5.2 - The proposed rezoning will not permit 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 extractor to any greater extent than under
the present zoning of the property. Special Use Permit#338 for
gravel mining was approved on October 26, 1977. Although the
permitted area does include this site, the actual mining was to the
west of the site. This site was not designated as an area
containing significant deposits. The applicant has submitted a
written request to vacate Special Use Permit#338.
3) Section 21.6.2.5.3 - Soil conditions on the site are such that they
present moderate or severe limitations to the :onstruction of
structures or facilities proposed for the site. The applicant has
demonstrated that such limitations can be overcome and that the
limitations will be addressed by the applicant, and the applicant's
successors or assigns prior to development of the property. In a
referral received August 17, 1999, the Weld County Building
Inspection Department required engineered foundations based on
the soils report.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Daniel Ochsner for Change of Zone #530 from
the A (Agricultural) Zone District to E (Estate) Zone District for a 5-lot Minor Subdivision on the
above referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. The applicant shall submit the application and pay the appropriate fees to amend
Lot A of Recorded Exemption #2151. The application will inc-ease the size of Lot
A of Recorded Exemption #2151 in accordance with this Change of Zone
Application.
2. The Change of Zone plat and plat to amend Lot A of Recorded Exemption #2151
shall be submitted to the Department of Planning Services for recording within
30 days of approval of Amended Recorded Exemption #2151 by the Weld
County Department of Planning Services.
3. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the most recent version of the Right
to Farm Covenant.
B. The applicant shall submit to the Weld County Department of Public
Works a Storm Water Drainage Report prepared by a Colorado licensed
professional engineer. This report shall be certified and stamped. The
engineer is required to use material published by a generally accepted
authorized source approved by the Weld County Department of Public
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CHANGE OF ZONE (COZ #530) - DANIEL OCHSNER
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Works, which must be referenced as a part of the submittal information.
Weld County does not publish technical data or storm water drainage
design manuals. All storm water retention facilities shall be designed to
retain the storm water runoff from the fully developed subdivision from a
One-Hundred (100) Year Storm and release the retained water at a
quantity and rate not to exceed the quantity and rate of a Five-Year
Storm falling on an undeveloped site. Evidence of approval by the
Department of Public Works shall be submitted to the Weld County
Department of Planning Services..
C. The applicant shall submit a reconfigured road plan to the Weld County
Department of Public Works. The plan shall follow the recommendation
of the Department of Public Works as indicated in a referral received
August 17, 1999, or an alternative plan approved by the Department of
Public Works. The reconfigured road shall still include a bus stop/mail
area at the entrance to the Minor Subdivision. The applicant shall submit
evidence of Department of Public Works approval to tie Department of
Planning Services.
D. Appropriate documentation must be provided that indicates not only that
taps are available, but that assurance of these connections has been
made. The style of assurance may take several forms; however, pre-
purchase of taps, line extension agreements, tap service agreements, or
another form of"participation agreement" will be acceptable. The
agreements shall be approved by the Weld county Attorney's Office prior
to recording the Change of Zone plat
E. The plat shall be amended to include the following:
1) The reconfigured road as approved by the Weld County
Department of Public Works.
2) The typical cross section as approved by Weld County
Department of Public Works with dimensions which reflect the
internal road system.
3) Weld County Road 19 is designated on the Transportation Plan
Map as a collector road, which requires 80 feet of right-of-way at
full build out. There is presently 60 feet of right-of-way. A total of
40 feet of right-of-way reservation from either side of the
centerline of Weld County Road 19 shall be delineated on the plat
for future expansion of Weld County Road 53.
F. The Change of Zone is conditional upon the following and that each be
placed on the Change of Zone plat as notes prior to recording.
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CHANGE OF ZONE (COZ #530) - DANIEL OCHSNER
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1) The Change of Zone allows for Estate uses and shall comply with
the Estate Zone District requirements as set fcrth in Section 36 of
the Weld County Zoning Ordinance. The Minor Subdivision shall
consist of five (5) lots.
2) Water service shall be provided by the Central Weld County
Water District. Individual sewage disposal systems are required
for the proposed residential lots and shall be irstalled according to
the Weld County Individual Sewage Disposal System (I.S.D.S.)
Regulations.
3) Installation of utilities shall comply with Sectior 12 of the Weld
County Subdivision Ordinance.
4) The Right To Farm Covenant, as stated on this plat, shall be
recognized at all times.
5) 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, and
adopted Weld County ordinances and policies.
6) Section 31.5.5 of the Weld County Zoning Ordinance states, "No
Building or Structure as defined and limited to those occupancies
listed as Groups A, B, E, H, I, M, and R in Tab e 3-A of the 1997
Uniform Building Code, shall be constructed within a 200-foot
radius of any tank battery or 150-foot radius of any wellhead."
The plat shall delineate the area that falls within this setback as a
non-buildable area.
4. At the time of Final Plan submittal:
A. The applicant shall submit an On-Site Improvements Agreement which
addresses landscaping and the transportation portion of the Minor
Subdivision.
B. The applicant shall submit a copy of a landscaping and berming plan.
Because of the proposed configuration of the interior road, the plan shall
include berming, fencing or landscaping to adequately screen the interior
road from Weld County Road 19. The approved plan shall be delineated
on the Final Plat.
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CHANGE OF ZONE (COZ #530) - DANIEL OCHSNER
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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 April, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Os's k a-
At Barbara J. Kirkmeyer, Chair 'J
Weld County Clerk to th- oar
EXCUSED DATE OF SIGNING (AYE)
O 5�� M. J. G ile, Pro-Tem
BY: r �,�,•�,�'"��� ►►`� G 9
Deputy Clerk to the
�� (U � orge€ Baxter
APPROVED/ TO FORM:
i
Dale . Hall
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C/unty At orney� Aid/AA
Glenn Va
2000-0334
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