HomeMy WebLinkAbout20083450.tiff DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
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E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
September 24, 2008
Jay Freese
Freese Engineering
217 East 18th Street
Greeley, CO 80631
Subject: WB Farms Estates Minor Subdivision
Dear Jay:
At your request, and further to your inquiry, the Department of Planning Services has completed
their assessment of the existing zoning, lot configuration and requisite process to amend the WB
Farms Estates Minor Subdivision plats to reconfigure three if not five parcels, Lot 1, Lot 2 and
Lot 4; and Lot A and Lot B of RE-3473.
Research indicates that a Recorded Exemption 3473 established two parcels of land, Lot A was
28.42 acres and Lot B was 32.74 acres. Lots A and B are accessed from County Road 80 into
the property by dedicated instrument document number 3970080 dated June 6, 2003. This
Recorded Exemption plat was recorded June 26, 2003 via reception number 3077752.
Delineated on this plat of record are the points of ingress and egress to Lot A and Lot B. Access
to Lot B is via a thirty foot wide flagpole extending the length of the western property line
adjacent to the South. Lot A accessed the property directly from the cul-de-sac.
Mr. Hill applied for and was approved for a Change of Zone from A (Agricultural) to E (Estate) for
a residential development identified as the WB Farms Estates Minor Subdivision. The newly
platted residential subdivision plat was recorded via reception number 3087351 on July 24,
2003. All lands associated with Lot B of RE-3473 remained in the A (Agricultural) zone district.
The Final plat for the WB Farms Estates Minor Subdivision was recorded July 28, 2004 via
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reception number 3202950. The notes on the plat identified minor lot changes from the Change
of Zone plat. The Title Block Revision section of the plat provided no indication of the minor
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changes as stated in Note# 29 on the Final Plat. Cursory review of the drawing determined that
a 45 foot water easement was established between Lot 2 and Lot 4 from Hill Road. The
easement is adjacent to the ten foot utility easement and does not overlap or otherwise
encumber Lot 2 and Lot 4. Staff further noted a second easement for water across Lot 5 from
WB Farms Road. To facilitate the request to amend Lot B for inclusion into the WB Farms
Estates Minor Subdivision will require multiple processes. Required applications will be to
amend Recorded Exemption 3473 to include lands associated with the thirty foot access
flagpole into Lot 1 and Lot 2 of the WB Farms Estates Minor Subdivision. The resultant
amendment will create a dual zone district within each of these lots which is not permitted within
the minor subdivision regulations. Given this scenario of dual zoning, a Change of Zone
application will be required to change the Agricultural zoning to Estate zoning.
The proposal by Mr. Freese to afford access to Lot B from Hill Road will also require a Change
of Zone application. Presently the area is part of the Estate zone district as it is part of Lot 2 of
the WB Farms Estates Minor Subdivision. The Estate zone district would downzone to
Agricultural zoning via the same application previously described.
Staff questions out loud whether the access to Lot B of RE-3473 would be supported at this
location. Staff is unclear of the status of the forty-five (45) foot waterline easement for
presumably North Weld County Water District. Further the utility easement for Lot 2 would be
encumbered by this action. At a minimum, the Department of Planning Services will require a
written determination of the status of this water easement; and finally, staff will require written
evidence from representatives with the North Weld County Water District stating that they have
no concerns to allowing a thirty foot residential access to Lot B of RE- 3473 to cross their
waterline easement.
Department staff have further concerns specific to the width of the access. Previously the
access to Lot B was via a thirty (30) foot flagpole. Staff would recommend that a similar access
width be maintained at this proposed location.
Staff is also concerned with allowing the property owner of Lot B to access via the subdivision
roads. Development Standard number 16 states:
"A Homeowners Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for Liability Insurance, Taxes, and Maintenance of
Open Space, Streets, Private Utilities and other Facilities, along with enforcement
of Covenants."
The property owner is not a part of the subdivision. The property owner has not contributed
monetarily to the Association dues, including the maintenance of all on site amenities,
specifically including the internal roads, or streets, as addressed in Note 16.
Should there be resolution to the aforementioned concerns as outlined herein and not limited to
the issues identified, Mr. Hill is able to apply for two Change of Zone applications, and an
amendment to RE-3473, and an amendment to the Final plat, MF-1001 delineating the Board
approved changes. A Utility Board hearing would be required for the Amended Final plat,
AmMF-1001 application, with Planning Commission and Board of County Commissioners
hearings required in the case of each application. The exception would be the Recorded
Exemption which is administratively approved.
Should Mr. Hill elect to proceed with the application processes outlined herein, the initial step in
the process is to apply for a pre-application meeting with representatives from the County, e.g.,
Public Works, Environmental Health, Building Inspection and Planning Services. This informal
meeting provides valuable input into the proposal and may further assist the applicant and or
application. The form is available on the County webpage or via this link:
http://www.co.weld.co.us/departments/plan ning/Planning/Proced u ral_Guides6-15-
08/PreAppl ication%20 Req uest%20(2).pdf
Should you have further questions or concerns, please contact this office. Thank you.
Sinc ely
Kim Og
Planning Manager
ec: C.Hill,Applicant
B.Barker,Attorney
T.Honn,Planning
File: MZ-1001
MF-1001
File contains oversized Plat
w/ Staff Notes
Please See Original File
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