HomeMy WebLinkAbout20002393.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#542 FROM A (AGRICULTURAL) ZONE DISTRICT TO E
(ESTATE) ZONE DISTRICT FOR FIVE (5) LOT MINOR SUBDIVISION - HARLAN
SCHULTZ
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 25th day of October, 2000, at 10:00 a.m.
for the purpose of hearing the application of Harlan Schultz, do Landmark Engineering, Ltd.,
3521 West Eisenhower Boulevard, Loveland, Colorado 80537, requesting a Change of Zone
from the A (Agricultural) Zone District to the E (Estate) Zone District for a parcel of land located
on the following described real estate, to-wit:
Part of the W1/2 of the SW1/4 of Section 7,
Township 4 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was represented by Ken Mayer, Landmark Engineering, Ltd.,
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.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. This covenant is
intended to alert potential residents that conflicts may exist
between agricultural and residential uses and that historic
agricultural uses should not be expected to surrender to the
impact of development.
2000-2393
PL1442
or ' Pl Ca,...(Q ati , qtyiki
CHANGE OF ZONE (COZ#542) - HARLAN SCHULTZ
PAGE 2
2) 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. The Weld County Department of
Public Works requires proposed cul-de-sacs have an outside
radius of fifty (50) feet or more and a right-of-way of sixty-five (65)
feet. A sixty (60) foot right-of-way or easement shall provide
access to the five parcels. This road shall be owned and
maintained by the Homeowners' Association. Should this road be
taken over by the County for maintenance, then the lanes shalt be
twelve (12) feet wide and paved with four (4) foot gravel
shoulders. Further, by addressing the comments of the referral
agencies and Planning Staff the applicant has demonstrated
concern for the County residents.
3) No intergovernmental agreements presently influence this site.
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 proposed site does not lie within the Town of Berthoud's
Growth Management Area. The applicant is proposing a non-urban
scale, five-lot subdivision. The Right To Farm Covenant will be attached
to the request, thus informing any new residents to the area that 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.
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 will be provided by
the Little Thompson Water District. Appropriate documentation has been
provided that indicates the taps are available and the connections have
been made. The agreements have been approved by the Weld County
Attorney's Office.
A Water Supply Information Summary has been submitted to the Office
of the State Engineer, Division of Water Resources, for its review, and a
response has been submitted to the Department of Planning Services
Each lot for the proposed minor subdivision will have an Individual
Sewage Disposal System (I.S.D.S.) installed per the Weld County
Department of Public Health and Environment requirements and
specifications.
d. Section 21.6.2.4 - Street or highway facilities providing access to the
property are inadequate in size to meet the requirements of the proposed
Zone District. The Weld County Department of Public Works reviewed
this request and has determined that a traffic impact study will not be
2000-2393
PL1442
CHANGE OF ZONE (COZ#542) - HARLAN SCHULTZ
PAGE 3
required. The Department of Public Works Comprehensive
Transportation Plan has designated Weld County Roads 1 and 46 as
local gravel roads requiring sixty (60) feet of right-of-way. The access to
the Shultz Minor Subdivision is from Weld County Road 1, between Weld
County Roads 46 and 48. This section of road, between Weld County
Roads 46 and 48, is maintained by Larimer County, and is functionally
classified as a Minor Collector that requires one hundred (100) feet of
right-of-way. A total of fifty (50) feet from the centerline of Weld County
Road 1 shall be delineated on the plat as right-of-way reservation for
future expansion.
The Weld County Department of Public Works is requiring all internal
roadways to have sixty (60) feet of right-of-way, with two-way access.
The Department of Public Works has determined that this subdivision
meets the criteria of Section 4.6.9.6 of the Subdivision Ordinance.
Cul-de-sacs shall have a sixty-five (65) foot right-of-way radius, with a
fifty (50) foot turn-around. Should Weld County assume the maintenance
of the internal road, the roadway shall be constructed with two twelve-fcot
wide paved lanes and two four-foot wide shoulders.
3. 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:
a. 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.
b. Section 21.6.2.5.2 - 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.
c. Section 21.6.2.5.3 - Soil conditions on the site are such that they present
moderate or severe limitations to the construction of structures of
facilities proposed for the site. The Department of Building Inspection
requires all foundations of principal dwellings to be engineered. Further,
in the preliminary soils report it was noted that the soil has "fair to poor
potential for urban development" and has "moderate to high shrink swell,
low strength and moderately slow permeability." As a result of these
preliminary results, a site-specific geotechnical report is required. Any fill
material placed must be of the type allowed by the 1997 Uniform Building
Code (UBC) and be compacted to a minimum of ninety (90) percent. The
test results of that compaction shall be supplied to the Weld County
Building Inspection Department.
2000-2393
PL1442
CHANGE OF ZONE (COZ#542) - HARLAN SCHULTZ
PAGE 4
Based on percolation tests conducted by Landmark Engineering on
December 10, 1999, the Department of Public Health and Environment
has noted that the soil exhibits poor characteristics for percolation. The
proposed lot sizes indicate there is room for primary and secondary
absorption fields, and alternatives to a total evaporation system that can
meet Section 6.1(C) of the Weld County I.S.D.S. Regulations. Further,
this type of soil generally necessitates non-conventional septic systems
such as those that do not rely on sub-surface absorption, i.e„
evaporatranspiration systems. It should be noted that not more than
twenty-five (25) percent of the subdivision can have evaporatranspiration
septic systems.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Harlan Schultz for a Change of Zone 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. 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. The Plat shall be amended to delineate the following:
A. The text of the Right to Farm Covenant as stated on Page 7-1 of the
Weld County Comprehensive Plan, effective March 25, 2000.
B. The typical cross-section of the internal road system that identifies the
width and depth of gravel, pavement, shoulders, drainage ditches and
rights-of-way.
C. Weld County Road 1 is classified as a Minor Collector by Larimer County
The applicant shall reserve fifty (50) feet of right-of-way from the
centerline east of Weld County Road 1 for future improvements.
D. The fire hydrant, as required by the Berthoud Fire Protection District,
specifically located at the East end of the cul-de-sac.
E. The location of the mail box facility and school bus stop.
F. The applicant shall submit a name for the road that is unlike any other
name within Weld County.
G. Primary and secondary septic system envelopes shall be designated on
each lot. Each envelope must meet current minimum setbacks as
specified in the Weld County I.S.D.S. Regulations.
2000-2393
PL.1442
CHANGE OF ZONE (COZ #542) - HARLAN SCHULTZ
PAGE 5
H. All future signs including entrance signs, street signs and stop signs.
I. All internal roadways shall have sixty (60) feet of right-of-way. Cul-de-
sacs shall have a sixty-five (65) foot right-of-way radius. If Weld County
is to assume maintenance of these roads, the roadway itself shall have
twelve (12) foot paved lanes and four (4) foot gravel shoulders. The cul-
de-sac shall have a fifty (50) foot edge of driving lane radius.
3. Prior to recording the Change of Zone plat:
A. The applicant shall submit a reconfigured road plan to the Weld County
Department of Public Works. The plan shall include a mail area at the
entrance to the Minor Subdivision and bus stop location. The applicant
shall submit evidence of Public Works approval to the Department of
Planning Services.
B. The applicant shall provide evidence that Thompson School District R2-J
has been contacted regarding the proper location of the school bus stop.
C. The applicant shall provide written evidence from Thompson School
District R2-J illustrating an agreement between the applicant and the
school district has been met.
D. The applicant shall provide evidence to the Department of Planning
Services that Larimer County Departments of Planning and Engineering
have been contacted and their concerns, indicated in a memorandum
dated April 5, 2000, have been addressed. Written evidence of a solution
shall be provided to the Department of Planning Services for review and
approval.
E. The applicant shall submit a proposed estimate for time of construction of
the Minor Subdivision.
4. 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:
A. 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.
B. Water service shall be provided by the Little Thompson Water District
and sewage disposal shall be from individual septic systems.
C. A Weld County Septic Permit is required for each proposed septic system
and shall be installed according to the Weld County I.S.D.S. Regulations.
Each septic system shall be designed for site specific conditions
2000-2393
P l_1442
CHANGE OF ZONE (COZ#542) - HARLAN SCHULTZ
PAGE 6
including, but not limited to, maximum seasonal high ground water, poor
soils, and shallow bedrock.
D. Language for the preservation and/or protection of the second absorption
field envelope shall be placed in the development Covenants. The
Covenants should state that activities such as landscaping (i.e. planting
of trees and shrubs) and construction (i.e., auxiliary structures, dirt
mounds, etc.) are expressly prohibited in the designated absorption field
site.
E. In the event that five (5) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Storm Water Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
F. Proper building permits shall be obtained prior to any construction or
excavation.
G. Building permits are required for any accessory buildings being
constructed or moved onto the property. Additionally, permits are
required for any decks or patios.
H. 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.
Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
J. Outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
K. The Right To Farm Covenant, as stated in the Weld County
Comprehensive Plan, shall be recognized at all times.
L. 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 Building Inspection, the Berthoud
Fire Protection District, and adopted Weld County ordinances and
policies.
5. At the time of Final Plan submittal:
A. The applicant shall enter into an Improvements Agreement Regarding
Collateral for all on-site improvements to the Minor Subdivision, and for
all off-site improvements proportional to their share of traffic on Weld
County Road 1 as determined by a traffic study.
2000-2393
Pt.1442
CHANGE OF ZONE (COZ#542) - HARLAN SCHULTZ
PAGE 7
B. The applicant shall submit a drainage report, signed by a Colorado
licensed engineer, to the Department of Public Works for approval. The
applicant shall supply the Department of Planning Services with written
approval from the Department of Public Works.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ---
ATTEST: / EXCUSED
��� Barbara J. 'rkmeyer, Chair
Weld County Clerk to the1 E �,
7 IISO •A M. J. ile, Pro-Tern6.
.BY: /, i •
Deputy Clerk to the' . ---
org . Baxter
APPRO-- D A,S-TO/ORM: - ---
Dae Fal
Gou Attorney /i _41 ---
Glenn Vaad
2000-2393
PL1442
Hello