HomeMy WebLinkAbout981422.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE TO CREATE FOUR (4) E (ESTATE) ZONED LOTS AND
ONE (1) A (AGRICULTURAL) ZONED LOT - KERMIT BOHRER
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 12th day of August, 1998, at 10:00 a.m. for
the purpose of hearing the application of Kermit Bohrer, 14761 Weld County Road 3, Longmont,
Colorado 80501, requesting a Change of Zone to create four (4) E (Estate) zoned lots and one
(1) A (Agricultural) zoned lot for a parcel of land located on the following described real estate,
to-wit:
Part of the S% NW% of Section 19, Township 3
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was represented by Barb Brunk, 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 - 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 a mixture of prime, irrigated
non-prime and other land by the USDS Soil Conservation map.
The applicant indicates that the land is marginally productive. Due
to the variety of soils, the relatively small size of the parcel and
lack of water rights on the property, only a small portion of this
property is currently in production of alfalfa. This portion of the
property is proposed as an agriculturally zoned outlot.
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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 should 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 21.6.2.2 - 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.
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 shall be provided by
Longs Peak 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 21.6.2.4 - 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 40-foot access and utility easement shall be
increased to 60 feet of right-of-way which would accommodate utilities,
drainage and future expansion. This issue is addressed through
Condition of Approval #2.C.2.
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 does not lie
within any overlay district identified by the maps officially adopted
by Weld County.
2) 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.
3) Section 21.6.2.5.3 - Soil conditions on the site are not such that
they present moderate or severe limitations to the construction of
structures of facilities proposed for the site. In a referral response
dated 10/28/97, the Weld County Building Inspection Department
is requiring engineered foundations for each structure.
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3. The submitted materials are in compliance with Section 6.3 of the Weld County
Planned Unit Development Ordinance (Ordinance 197), as follows:
a. Section 6.3.1 Environmental Impacts: The referral response received
6/4/98 from the Weld County Health Department indicates that the
application materials have adequately addressed all of the potential
impacts described in Section 6.3.1.2.1.
b. Section 6.3.2 Service Provision Impacts: The applicant has satisfactorily
addressed the majority of service provision impacts in the application
materials. Additional requirements of the Weld County Public Works
Department and Mountain View Fire Protection District are addressed
through the attached Conditions of Approval.
c. Section 6.3.3 Landscaping Elements: The applicant has submitted a
Landscape Plan in accordance with Section 9.3 of the Weld County
Planned Unit Development Ordinance (Ordinance 197). Condition of
approval #2.A also addresses on-going maintenance and planting
schedule.
d. Section 6.3.4 Site Design: The proposal takes into consideration the site's
advantages and limitations, as well as the compatibility of the
development with adjacent sites.
e. Section 6.3.5 Common Open Space Usage: The application proposes 5.6
acres of common open space, or 15.5% of the site. The applicant is
establishing a homeowners organization in accordance with the
requirements of Section 6.3.5.
f. Section 6.3.6 Proposed Signage: The applicant is not proposing any
signage with this application. Condition of approval #2.D.7 addresses any
future proposed signage.
g. Section 6.3.7 MUD Impacts: The proposed Change of Zone does not lie
within the Mixed Use Development area.
h. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed
Change of Zone does not lie within any Intergovernmental Agreement
area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kermit Bohrer for a Change of Zone to create four (4) E
(Estate) zoned lots and one (1) A (Agricultural) zoned lot 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. Prior to recording the Change of Zone plat:
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A. The applicant shall submit a revised On-Site Improvements Agreement
which addresses open space and private drive maintenance and
landscaping in accordance with Section 6.3.3.2 of the Weld County
Planned Unit Development Ordinance (ORD #197). The agreement shall
also address the maintenance of the 1.2 acres adjacent to Weld County
Road 1 described as "outlot A" on the plat.
B. The plat shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
2) A 60-foot access and utility easement.
3) The cul-de-sac shall provide a minimum 65-foot turnaround radius
and the outside curb or pavement edge radius must be 50 feet or
more.
4) The final plat shall delineate A 40-foot reserved right-of-way from
the centerline of Weld County Road 1, and reference to previous
right-of-way shall be removed from the plat.
5) The name of the street, which shall not conflict with any other
street within the particular U.S. Postal area.
C. The following notes and information shall be delineated on the Change of
Zone plat:
1) The PUD shall consist of four (4) Estate zoned lots and one (1)
Agriculturally zoned lot. The Change of Zone allows for Estate
uses (4 lots) which shall comply with the E (Estate) Zone District
requirements as set forth in Section 36 of the Weld County Zoning
Ordinance and Agricultural uses (1 lot) which shall comply with the
A (Agricultural) Zone District requirements as set forth in Section
31 of the Weld County Zoning Ordinance. Each of the five lots
shall be buildable.
2) Water service shall be provided by the Longs Peak Water District
and sewage disposal shall be from individual septic systems.
3) In the event that 5 acres of the site is disturbed during
construction, the applicant shall obtain a stormwater discharge
permit from the Water Quality Control Division of the Colorado
Department of Public Health and the Environment.
4) In accordance with the application materials, individual sewage
disposal systems are required for the proposed residential lots and
shall be installed according to the Weld County Individual Sewage
Disposal Regulations.
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5) The proposed multiple use trail shall be maintained so that any
manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors, flies, insect pests or
pollutant runoff. Trail maintenance shall include removal of
manure in a manner that will prevent nuisance conditions.
6) The site shall be developed in accordance with the
recommendations contained in the geotechnical report. (Colorado
Geological Survey - June 4, 1998)
7) Any signage located on the property shall require building permits
and adhere to Section 42.2 of the Weld County Zoning Ordinance.
8) 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.
9) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
10) Outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
11) The Right To Farm Covenant, as stated in the Weld County
Comprehensive Plan, shall be recognized at all times.
12) The applicant shall comply with Section 8.7 of the Weld County
Planned Unit Development Ordinance (Ordinance 197) as follows:
Failure to submit a Planned Unit Development Final Plan - If a
PUD Final Plan application is not submitted within two (2) years of
the date of the approval of the PUD Zone District, the Board of
County Commissioners shall require the landowner to appear
before it and present evidence substantiating that the PUD project
has not been abandoned and that the applicant possesses the
willingness and ability to continue with the submittal of the PUD
Final Plan. The Board may extend the date for the submittal of the
PUD Final Plan application and shall annually require the applicant
to demonstrate that the PUD has not been abandoned. If the
Board determines that conditions or statements made supporting
the original approval of the PUD Zone District have changed or
that the landowner cannot implement the PUD Final Plan, the
Board of County Commissioners may, at a public hearing, revoke
the PUD Zone District and order the recorded PUD Zone District
reverted to the original Zone District.
13) The setbacks shall be measured from the edge of the easement.
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3. Prior to the release of any building permits:
A. The applicant shall supply a designated street sign and stop sign at the
appropriate location adjacent to Weld County Road 1.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: i / sus� C�ih c�
v Constan,�e L. Harbert, Chair
Weld County Cle t• ,/�. '/`
�R> W. H.Webster, Pro-Te lmH�/
BY:
Deputy Cle 4 7
Georg . Baxter
R ED AS ORM: EXCUSED DATE OF SIGNING (AYE)
Dale4K. Hall /
nt
ara J. Kirmeyer Sk l yG
meyer
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