HomeMy WebLinkAbout952113.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE #494 FROM A (AGRICULTURAL) TO E (ESTATE) FOR
JOHN T. AND JAMES T. MARTIN
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 11th day of October, 1995, at 10:00 a.m. for
the purpose of hearing the application of John T. and James T. Martin, 147 South Denver Avenue,
Fort Lupton, Colorado 80621, requesting a Change of Zone #494 from A (Agricultural) to
E (Estate) for a parcel of land located on the following described real estate, to -wit:
SE% NW% and SW% of Section 12, Township 1 North,
Range 66 West of the 6th P.M., Weld County, Colorado
WHEREAS, John Martin, applicant, was present and represented by Bill Childs, Childs and
Company, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of John T. and James T. Martin requesting a Change of
Zone #494 from A (Agricultural) to E (Estate) on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
1. The Change of Zone plat shall be delivered to the Department of Planning Services
and be ready for recording in the Weld County Clerk and Recorder's Office within
15 days of approval by the Board of County Commissioners.
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CHANGE OF ZONE #494 - MARTIN
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2. Prior to recording the Change of Zone plat:
a. The applicants shall provide evidence to the Department of Planning
Services indicating that title to Weld County Disposal dedication is
warranted.
b. The following notes shall be placed on the plat:
1. Water service shall be provided by a community water well system
consisting of seven (7) wells to be shared among the 52 lots in the
subdivision. Quantities of water shall be adequate for the proposed
uses and fire protection. The water system must comply with the
requirements for a community water system as defined in the
Primary Drinking Water Regulations (5ccr 1003-1).
2. Sewage disposal shall be provided by Individual Sewage Disposal
Systems in accordance with Weld County Health Department
requirements.
3. Weld County Roads 35 and 10 shall provide access to the site. The
applicants shall enter into a road maintenance agreement with Weld
County for improvements to Weld County Roads 35 and 10. The
applicants may extend Weld County Road 35 south from Weld
County Road 12 to Weld County Road 10. In addition, the
applicants may extend Weld County Road 10 west from Weld
County Road 37 to Weld County Road 35. All road construction
shall be in accordance with Weld County standards and have a sixty
(60) foot right-of-way.
4. All lots shall access Weld County Roads 10 and 35 by way of an
internal circulation system in the subdivision. No direct access to the
lots from the County road system shall be allowed.
5. Fire protection shall be provided by and be in accordance with the
requirements of the Fort Lupton Fire Protection District.
6. The maximum number of lots shall be 52, as stated in the application
materials.
7. The two (2) bridges to be constructed across the Speer Canal shall
be built to Weld County standards and shall meet all requirements
imposed by Farmers Reservoir and Irrigation Company (FRICO).
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8. The applicant shall meet all requirements for the bridges,
easements, etc., per the Boundary and Joint Use Agreement
between the applicant and FRICO.
9. A soils and foundation investigation report prepared by a qualified
soils and foundation engineer shall be submitted with each building
permit application.
10. The maximum number of large animals allowed per acre shall be
one (1).
c. Location of the three (3) plugged and abandoned oil/gas wells on site shall
be shown on the plat.
3. The subdivision sketch plan submittal shall include the following:
a. Proposed phasing of the subdivision identified and delineated on the sketch
plan map.
b. Redesign of the lot layout and circulation system in which access from each
proposed residential lot to the County road system is allowed only by way
of an internal street within the subdivision.
c. Written documentation provided to the Department of Planning Services
answering concerns of Robert Van Sickle, Colorado Oil and Gas
Conservation Commission, in a letter dated June 22, 1995, regarding the
proposed treatment of three (3) abandoned oil/gas wells on site.
d. Proposed covenants for the subdivision.
e. Written documentation detailing the Homeowners Association proposed for
the subdivision. The Homeowners Association shall be required to:
1. be created in accordance with the Colorado Common Interest
Ownership Act;
2. have powers to transmit, store, treat, collect, and distribute water;
3. be incorporated in some form;
4. have adequate powers to build, maintain, and provide financing for
the water system;
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5. be subject to the drinking water standards as community water
supply;
6. administer road and common area maintenance in the subdivision.
f. Provisions to mitigate potential soil erosion problems on individual lots within
the subdivision, e.g. groundcover requirements for lot owners.
g.
Proposed traffic usage patterns on Weld County Roads 35 and 10 for Martin
Subdivision lot owners.
h. Proposed open space for recreation purposes to be designated to the
Homeowners Association.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of October, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY: /`��� ...
Deputy Clerk to the'Board
.TeRM:
out Attorn
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Fxr:I JSFn
Dale K. Hall, Chairman
George E. Baxter
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Constance L. Harbert
(111)-dit',
W. H. Webster
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