HomeMy WebLinkAbout20001009.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #536 FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE E (ESTATE) ZONE DISTRICT FOR A FIVE (5) LOT MINOR SUBDIVISION,
SKYLARK RANCH - ROBERT PARSONS
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 31st day of May 2000, at 10:00 a.m. for
the purpose of hearing the application of Robert Parsons, 2330 Albany Avenue, Loveland.
Colorado 80538, requesting a Change of Zone from the A (Agricultural) Zone District to the
E (Estate) Zone District for a five (5) lot Minor Subdivision for a parcel of land located on the
following described real estate, to-wit:
Lot B of Amended Recorded Exemption #2375;
being part of the SE1/4 and SW1/4 of Section 8,
Township 7 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, 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.
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.
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CHANGE OF ZONE (COZ#536) - ROBERT PARSONS
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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 Skylark Ranch 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 will utilize engineer-
designed septic systems. In a referral received January 26, 2000, the
Weld County Department of Public Health and Environment required the
septic systems be installed according to Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The application includes a
Water Service Agreement from the North Weld County Water District.
Assistant Weld County Attorney, Lee Morrison has accepted the
agreement with the stipulations that the "plant investment fee" portion of
the "tap fee" and the $15,000 participation cost be paid prior to recording
the plat. Mr. Morrison has also required the applicant to include the
construction cost within the development in the improvements
agreement.
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 is requiring
the applicant to move the access 30 feet to the west to mitigate safety
concerns. The applicant is also being required to obtain an access permit
from the Colorado Department of Transportation.
e. Section 21.6.2.5 - That, 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 located
within the Windsor Service Area Road Impact Program. Effective
December 1, 1999, Building Permits issued on the proposed lots
will be required to adhere to the fee structure of the Windsor
Service Area Road Impact Program.
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. The geological hazards
evaluation conducted at Sketch Plan by Earth Engineering
Consultants, Inc., indicated it did not anticipate economically
recoverable mineral resources as defined in H.G. 1041 exist at
the site.
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3) Section 21.6.2.5.3 - 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, the applicant has
demonstrated that such limitations can be overcome and that the
limitations will be addressed by the applicant, the applicant's
successors or assigns prior to the development of the property.
The geotechnical report indicates some on-site soils have a
potential to swell. Also, building sites may contain shallow ground
water. In a referral received March 7, 2000, the Weld County
Department of Building Inspections has required all principal
dwellings to have engineered foundations to mitigate these
concerns. The Department of Building Inspections also strongly
suggests that each foundation be based on a site-specific
geotechnical report instead of an "open hole inspection,"
performed by a Colorado licensed engineer as allowed by the
Weld County Building Code Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Robert Parsons for Change of Zone #536 from
the A (Agricultural) Zone District to the E (Estate) Zone District for a five (5) lot Minor
Subdivision 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 applicant shall submit an amendment to Recorded Exemption #2357
and Recorded Exemption #1243. The amendments shall address the
extra area needed to create a safe access.
B. The applicant shall submit evidence that the $15,000 participation cost
and the "plant investment fee" portion of the "tap fee" have been paid to
the North Weld County Water District.
C. The plat shall be amended to delineate the following:
1) At the entrance to the subdivision a total of 40 feet from the
centerline of State Highway 14 shall be delineated as right-of-way
with an additional 35 feet of right-of-way reservation.
2) The 30-foot utility, equestrian, and hiking trail easement shall be
designated as a 30-foot utility easement only. The proposed trail
needs to navigate the Minor Subdivision without doubling back.
As configured, the trail ends at the interior road, leaving people
the option of doubling back or proceeding along the road. Roads
without sidewalks are not considered a safe and effective means
to reach open space areas.
3) The .9 acres of open space shall be labeled as non-buildable
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D. 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.
1) The Change of Zone allows for Estate uses and shall comply with
the E (Estate) Zone District requirements as set forth 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 North Weld County Water
District. Individual sewage disposal systems are required for the
proposed residential lots and shall be installed according to the
Weld County I.S.D.S. Regulations.
3) Installation of utilities shall comply with Section 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, Planning Services, and adopted
Weld County ordinances and policies.
6) A Homeowners' Association shall be established before any
residences are sold, and membership in the association is
mandatory for each residential owner. The Homeowners'
Association is responsible for liability insurance, taxes and
maintenance of open space, street(s), private utilities and other
facilities. The open space lot functions as a separate parcel.
7) All homes shall have fire sprinklers in accordance with the Poudre
Fire Authority regulations.
8) All homes shall have address numerals visible from the street
fronting the property, and posted with a minimum of 6-inch
numerals on a contrasting background.
9) Fire hydrants shall be placed in accordance with Poudre Fire
Authority regulations.
10) Proper building permits shall be obtained prior to any construction
or excavation.
11) Building permits are required for any accessory buildings being
constructed or moved onto the property.
12) The preliminary geotechnical report from Earth Engineering
Consultants, Inc., indicates there may be some on-site soils that
have a potential to swell. Building sites may also contain shallow
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ground water. Basement or crawlspace foundations may not be
feasible for all sites. The report also recommends only "light load
residential structures." All principal dwellings will be required to
have engineered foundations which are designed with these
concerns in mind. The Weld County Department of Building
Inspections strongly recommends that each foundation be based
on a site-specific geotechnical report. The Weld County Building
Code Ordinance does allow an "open hole inspection," performed
by a Colorado licensed engineer, in place of a site-specific
geotechnical report.
13) All fill materials upon which buildings or structures rest, shall be
compacted to a minimum of 90 percent of maximum density
Detrimental amounts of organic material shall not be permitted in
fills. No rock or similar irreducible material with a maximum
dimension greater than 12 inches shall be buried or placed in fills.
A compaction report provided by a Colorado licensed engineer will
be required in such situations.
14) All buildings or structures shall maintain distances from property
lines and adjacent buildings as outlined in Table 5-A of the 1997
Uniform Building Code.
15) Additional requirements may be provided from the Poudre Valley
Fire Protection District.
16) At the time an application is accepted for a Building Permit a plan
review will be done. A complete review of the building or structure
may reveal other building issues or areas needing attention.
2. At the time of Final Plan submittal:
A. The applicant shall submit an Improvements Agreement for review and
approval, which addresses cost to construct water service and the
transportation portion of the Minor Subdivision.
B. The applicant shall submit covenants for Skylark Ranch Minor
Subdivision to the Weld County Attorney's Office for review and approval.
C. The applicant shall submit a copy of an access permit from the Colorado
Department of Transportation.
3. Prior to the release of building permits:
A. Effective December 1, 1999, Building Permits issued on the proposed
lots will be required to adhere to the fee structure of the Windsor Service
Area Road Impact Program.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ad/ .��.� F.//� ♦ 9 ititim La- `1 _ktit ,e %--
�'�'
✓ Barbara J. meyer, Chair
Weld County Clerk to t - =o, u ./W
- i1vl. J. e, ro-c em
BY: . r%�J _ ate` A
di
Deputy Clerk to the e;�( '� � �-e ��
71� torgg� E. Baxter
APPROVDA TO FORM: Y )
Dale K. Hall i-�
L'"our ty torney �' //� t., l: /4
y
Glenn Vaad —
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