HomeMy WebLinkAbout20070478.tiff AO'
APPLICATION FLOW SHEET
COLORADO "
APPLICANT: Jason and Lisa Slater CASE#: RS-1136
REQUEST: Resubdivision for the creation of an additional lot.
LEGAL: Lot 12, Black Hollow Acres, 1st Filing Section 33 T8N, R67W of the 6th P.M.,Weld County,
CO
LOCATION: North of and adjacent to County Road 86 and approximately.25 miles West of County Road
19
PARCEL ID#: 0555 33 401002 ACRES: 29.41 +/-
DATE BY
11/13/06
Application Received
11/20/06
Application Complete
2/6/06
PC Hearing Date:
1/11/07
Utility Board Date:
1/26/06
PC Sign to be Posted By:
PC Sign Posted
Referrals Listed 11/20/06 HH
File Assembled tc. d Ia hh Ic la I
Referrals Mailed
Chaindexed
Letter to Applicant Mailed
Date Public Notice Published in County Newspaper
Surrounding Property& Mineral Owners Notified
Planning Technician Maps Prepared
Field Check by DPS Staff
Planning Commission Resolution Sent to Applicant
Planning Commission Meeting Minutes Filed in Case
Case Sent to Clerk to the Board
CC Hearing: Action:
CC Sign to be Posted By:
CC Sign Posted
Plat and/or Resolution Recorded
Recorded on Maps and filed 1. O7
Overlay Districts
Zoning Agricultural
Airport Yes No_X_
Geologic Yes No_X_
Flood Hazard Yes_ No X_
2.001—O418
7s f tQ
•
Plat Checklist POC Planner
Item Comments Check Check
Proper size and material 24-" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet
Lettering No stick-on lettering / Minimum 8 pt. lettering
Boundaries of Lots
•
Scale Suitable Scale? (1"=200' or 1"=100')
Accesses indicated Shared Access? If so, is easement Certificate included?
Roads labeled,including
R•O.W G ,.
Building Envelope(s)
Vicinity Map Suitable Scale? (Minimum 1" =2000')
North Arrow
Legal Description vL
Notes from Planner/
Development Standards
Conditions of Approval .1."-t ,n.k. _
Owner's Certificate Notarial Certificate included? All owners must sign the plat,
check the deed.
Surveyor's Certificate and All surveyed plats
02/4"r
Surveyor's Stamp Note: USR plats do not need to be surveyed
Director of Planning Notarial Certificate included? (RE, SE,SPR,Final PUD if
Certificate Staff Approved)
Planning Commission (USR, COZ,Minor Sub.Final)
Certificate
Board Certificate (USR, COZ„Minor Sub Final)
(Final PUD,RE, SE&ZPMH if Board approved)
Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD)
Easements
Please return the plat to the CAD Technician within 24 hours of receiving the plat.
Planner on Call: (Initials)
Planner Signature: Date:
INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Jason and Lisa Slater Case Number RS-1136
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affidavit of sign posting •
AX
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/ Mineral Owners X
Utilities
3 Referral List X
Referrals without comment
-- North Weld County Water District, referral received 12/26/2006 X
Larimer County Planning, referral dated 12/14/2006 X
Town of Severance, referral dated 12/13/2006 X
Weld County Zoning Compliance, referral received 1/8/2007 X
Weld County Department of Public Health and Environment, referral received X
1/16/2007
4 Referrals with comments
Weld County Department of Public Works, referral received 1/04/2007 X
Colorado Division of Wildlife, referral received 1/18/2007 X
Weld County School District RE-4, referrals dated 12/05/2006 and 1/03/2007 X
Weld County Department of Building Inspection, referral dated 1/5/2007 X
Colorado Office of the State Engineer, referral received 1/15/2007 X
-g S_ ice.irrounding.Property-Owners—Letters
-
-----PlaA y emmiaaion Resolution
I hereby certify that the items identified herein were submitted to the Department of'fanning Servi -sat or prior to the scheduled
Planning Commissioners hearing.
•
Hannah Hip.-I } Planner
EXHIBIT
2007-0478
46)tar.
WC LAND USE APPLICATION
SUMMARY SHEET
COLORADO
Case Number: RS-1136 Hearing Date: February 6, 2007
Planner: Hannah Hippely
Applicant: Jason and Lisa Slater
Address: 8567 County Road 86 Fort Collins, CO 80524
Request: Resubdivision for the addition of a new lot, Black Hollow Acres
Legal Description: Lot 12 Black Hollow Acres 1st Filing, Section 33,Township 8 North, Range 67 West
of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 86, approximately Y mile west of County
Road 19
Parcel Size: 29.41 +/-Acres Parcel Number: 0555 33 401002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Resubdivision is listed in Section 24-5-10 of the Weld County Code.
The Department of planning Services' Staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 1/8/2007
• Weld County Department of Public Health and Environment, referral received 1/16/2007
• Weld County Department of Public Works, referral received 1/04/2007
• Weld County Department of Building Inspection, referral dated 1/5/2007
• Weld County School District RE-4, referrals dated 12/05/2006 and 1/03/2007
• Larimer County Planning, referral dated 12/14/2006
• North Weld County Water District, referral received 12/26/2006
• Town of Severance, referral dated 12/13/2006
• Colorado Office of the State Engineer, referral received 1/15/2007
• Colorado Division of Wildlife, referral received 1/18/2007
The Department of Planning Services' staff has not received responses from the following agencies:
• Ault Fire Protection District
• Weld County Sheriff's Department
EXHIBIT
1
RS-1136 Slater Page 1 of 6
RESUBDIVISION FINAL PLAT
COLORADO ADMINISTRATIVE REVIEW
Case Number: RS-1136 Hearing Date: February 6, 2007
Planner: Hannah Hippely
Applicant: Jason and Lisa Slater
Address: 8567 County Road 86 Fort Collins, CO 80524
Request: Resubdivision for the addition of a new lot, Black Hollow Acres
Legal Description: Lot 12 Black Hollow Acres 15t Filing, Section 33,Township 8 North, Range 67 West
of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 86, approximately '/, mile west of County
Road 19
Parcel Size: 29.41 +/-Acres Parcel Number: 0555 33 401002
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Sections 24-5-40.6
and 24-4-40.D. of the Weld County Code.
2. It is the opinion of the Department of Planning Services' Staff that the application has shown
compliance with Section 24-4-40.E of the Weld County Code, as follows:
a. Section 24-4-40.E.6.a—That the proposed subdivision is in compliance with Chapter 22 of
this Code, the existing or future development of the surrounding areas as permitted by the
existing zoning and with the future development as projected by Chapter 22, and the
Comprehensive Plan or Master Plan of affected municipalities and intergovernmental
agreements.
Sec.22-2-60. D.A.Goal 4.Conversion of agricultural land to nonurban residential,commercial
and industrial uses will be accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be compatible with the region. This
goal is intended to address conversion of agricultural land to nonurban uses. Once
converted, this land is less conducive to agricultural production.
The proposed resubdivision is for the addition of a lot in the existing Black Hollow Acres, a
subdivision approved by the Board of County Commissioners and recorded September 25,
1970 at reception number 1555177. The proposed subdivision would divide the existing
29.41 acre lot into two lots, one ten(10) acre and one nineteen and four tenths(19.41)acre
lot. The proposed lot sizes are compatible with the existing subdivision. The twelve (12)
existing lots in the subdivision vary in size;the smallest is approximately 10 acres while the
largest is 59.3 acres. The intended use of the additional lot is as a residence, which is
RS-1136 Slater Page 2 of 6
compatible with the existing subdivision. Larimer County in their referral dated December 14,
2006 and the Town of Severance in their referral dated December 13, 2006 returned no
objections to the proposal.
Sec.22-2-60. I.A.Goal 9. The minimum lot size of parcels in the A(Agricultural)Zone District
should remain at eighty(80)acres to encourage parcels large enough to retain viable farming
operations or to accommodate modern agricultural equipment and irrigation practices.
At 29.4 acres this parcel is too small to be viable for farming. The property has not recently
been farmed and the additional lot will not be removing any formerly productive land from
cultivation. The property owners have applied to change the zoning from Agriculture to
Estate to reflect the current use of the property, and to support the proposed subdivision..
b. 'Section 24-4-40.E.6.b -- Compliance with Chapter 24 and Chapter 23 of the Weld County
Code, the zone district in which the proposed use is located, and any adopted
intergovernmental agreements or master plans of affected municipalities.
The property owners have applied to change the zoning on this parcel from Agriculture to
Estate in order to accomplish this Resubdivision in compliance with Chapter 23 of the Weld
County Code. The parcels will be required to maintain compliance with the Estate zoning
designation. . Larimer County in their referral dated December 14, 2006 and the Town of
Severance in their referral dated December 13, 2006 returned no objections to the proposal.
c. Section 24-4-40.E.6.c -- That comments received from referral agencies have been
addressed, if applicable.
Applicable comments from referral agencies have been incorporated into Conditions of
Approval.
d. Section 24-4-40.F.6.d -- That definite provision has been made for a water supply that is
sufficient in terms of quantity, dependability and quality to provide water for the subdivision,
including fire protection.
The applicant has provided a letter from the North Weld County Water District which shows
the District's ability to provide service. A water service agreement, approved by the County
Attorney, will be required prior to scheduling the Board of County Commissioners'hearing. A
copy of the final signed water service agreement shall be provided to the Department of
Planning Services prior to recording the Final Plat.
e. Section 24-4-40.E.6.e -- That,if a public sewage disposal system is proposed,provision has
been made for the system and, if other methods of sewage disposal are proposed,evidence
that such systems will comply with state and local laws and regulations which are in effect at
the time of submission of the subdivision.
Sewer for the existing home is provided by an Individual Sewage Disposal System (ISDS)
permit# SP-9600211, an Individual Sewage Disposal System (ISDS) is proposed for new
lot.
In their referral dated January 16, 2007 the Department of Public Health and Environment did
not state any concerns regarding the proposed subdivision.
f. Section 24-4-40.E.6.f--That streets within the subdivision are adequate in functional
classification,width and structural capacity to meet the traffic requirements of the subdivision.
Black Hollow Acres was created in 1970 prior to the current internal access road
requirement, thus most(all but two) of the lots in Black Hollow Acres access onto County
Road 86 or County Road 19. The new lot has been granted an access onto County Road 86.
g. Section 24-4-40.E.6.g -- That off-site street or highway facilities providing access to the
subdivision are adequate in functional classification,width and structural capacity to meet the
traffic requirements of the subdivision in accordance with the requirements set forth in Article
RS-1136 Slater Page 3 of 6
VII of this Chapter.
Weld County Department of Public Works in their referral dated January 4, 2007 did not
object to the proposed subdivision or to the possible additional traffic an additional lot might
create on County Road 86 and/or County Road 19.
h. Section 24-4-40.E.6.h -- That facilities providing drainage and stormwater management are
adequate.
Weld County Department of Public Works, in their referral dated January 4, 2007, stated no
objections in regards to drainage and stormwater management.
Section 24-4-40.E.6.i --That the subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and police protection, hospital, solid
waste disposal and other services.
The applicant, as a Condition of Approval, shall satisfy the requirements of Weld County
School District RE-4 outlined in their referrals dated December 5, 2006 and January 3,2007.
The Ault Fire Protection District and the Weld County Sheriff's Department did not return
referrals to the Department of Planning. The North Weld County Water District stated in their
letter dated May 17, 2006 that they have the capacity to serve the new lot.
j. Section 24-4-40.E.6.j --That the subdivision will not cause air pollution violations based on
Colorado Department of Health standards.
The resubdivision will add one additional lot to Black Hollow Acres; the Weld County
Department of Public Health and Environment did not state any concerns in their referral
received January 16, 2007 regarding air pollution.
k. Section 24-4-40.E.6.k --The subdivision conforms to the subdivision design standards of
Article VII.
An additional lot is being added to an existing subdivision; the applicant is not proposing
changes which will alter the subdivision substantially. The requirements of Article VII as
applicable to this resubdivision have been met.
Section 24-4-40.E.6.l -- The subdivision will not have an undue adverse effect on wildlife, its
habitat, the preservation of prime agricultural land and historical sites.
The Colorado Division of Wildlife, in their referral dated January 16, 2007did not object to the
proposed subdivision however they did state concerns that will be addressed through the
Conditions of Approval.
The property at 29.41 acres is too small for a viable farming operation.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the following:
1. Prior to Recording Resubdivision Plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled RS-1136. (Department of Planning Services)
2. The drainage and utility easements shall reflect the direction given by the Utility Board on
January 11, 2006. (Department of Planning Services)
B. The applicant shall submit written evidence to the Department of Planning Services that the
requirements of the Weld County School District RE-4 have been met. (Department of
Planning Services)
RS-1136 Slater Page 4 of 6
C. A finalized and signed copy of the water service agreement between the applicant and the
North Weld County Water District shall be submitted to the Department of Planning
Services. This agreement must be approved by the County Attorney. (Department of
Planning Services)
D. The applicant shall attempt to address the requirements(concerns)of Colorado Division of
Wildlife, as stated in the referral response dated January 16,2007. Evidence of such shall
be submitted in writing to the Department of Planning Services. (Department of Planning
Services)
E. The Resubdivision is conditional upon the following being placed on the Resubdivision Plat
as notes prior to recording:
1. RS-1136 shall consist of two(2)residential lots with E(Estate)Zone District uses as
set forth in Chapter 23,Article III, Division 5 of the Weld County Code as indicated in
the application materials on file. (Department of Planning Services)
2. Water service shall be provided by North Weld County Water District. (Department
of Public Health and Environment)
3. This subdivision is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in accordance
with the regulations of the Colorado Department of Public Health and Environment,
Water Quality Control Division and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system. (Department of
Public Health and Environment)
4. A stormwater discharge permit may be required for a development/redevelopment/
construction site where a contiguous or non-contiguous land disturbance is greater
than or equal to one acre in area. Contact the Water Quality Control Division of the
Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
5. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted. (Department of Public Health and Environment)
6. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods that are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
7. Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements the Weld
County Code do not need building permits, however a Certificate of Compliance
must be filed with the Planning Department and an electrical and/or plumbing permit
is required for any electrical or water for watering or washing of livestock or poultry.
(Building Inspection)
8. Prior to the release of building permit, the applicant shall submit evidence of
approval from the Ault Fire Protection District to the Weld County Building
RS-1136 Slater Page 5 of 6
Department. (Building Inspection)
9. Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11) (Department of Planning Services)
10. Effective August 1,2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)(Department
of Planning Services)
11. Weld County's Right to Farm Statement as provided in Appendix 22 E of the Weld
County Code shall be placed on any recorded plat. (Department of Planning
Services)
F. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 24-4-40.D.6 and 24-4-40.D.7 of the Weld County Code.
(Department of Planning Services)
G. The plat for this Resubdivision shall be submitted to the Department of Planning Services
along with the plat for CZ-1135 and will not be accepted for recording alone.
H. The applicant shall submit an digital file of all drawings associated with the Resubdivision
application. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable GIS
formats are ArcView shapefiles, Arclnfo Coverages and ArcInfo Export files format type is
.e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
(Department of Planning Services)
2. Upon completion of item 1 the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 24-4-40.D.6 and 24-4-40.D.7 of the Weld County Code.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty(60)days from the date of the Board of County Commissioners
resolution a$50.00 recording continuance charge may be added for each additional 3 month period.
RS-1136 Slater Page 6 of 6
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
I GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
VIIDc.
COLORADO December 8, 2006
Jason Slater
8567 CR 86
Fort Collins CO 80524
Subject: RS-1136- Request for a Resubdivison for the creation of an additional lot. on a parcel of land
described as Lot 12, Black Hollow Acres, 15'Filing, Section 33,T8N, R67W of the 6th P.M.,Weld
County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for February 6, 2007, at 1:30 p.m and a meeting with
the Weld County Utilities Board on Thursday, January 11, 2007 at 10:00am. Both meetings will take place
in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore,our office has forwarded a copy of the submitted materials to the Severance Planning Commission
for their review and comments. Please call Severance at 970-686-1218 for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Severance Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectful) ,
Hannah Hippely
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 1/26/2007 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Hannah Hippely, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN/ FIFTEEN DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR RS-1136.
Hannah L Hippely
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this O(O-day of 'c \L�WIh , 2000.
WITNESS my hand and official seal.
1 \Npry Pub % ° •
NY i
IIAIZMAN
41% Afri
My Commission Expires: D L\-CT1 -
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Mtge NOTICE WHIG
A PUBLIC HEARING CONCERNING
43415. THIS PROPERTY WILL BE HELD AT:
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CASE NO. RS-//162 .19 5/44/- ACRES
FOR MORE INFORMATION CALL
WELD COUNTY DEPARTMENT OF
PLANNING SERVICES AT
( 970 ) 353 -6100 ext . 3540
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FIELD CHECK Inspection Date: 12 f(2 fae
APPLICANT: Jason and Lisa Slater CASE#: RS-1136
REQUEST: Resubdivision for the creation of an additional lot.
LEGAL: Lot 12, Black Hollow Acres, 1s` Filing Section 33 T8N, R67W of the 6th P.M., Weld
County, CO
LOCATION: North of and adjacent to County Road 86 and approximately .25 miles West of County
Road 19
PARCEL ID #:0555 33 401002 ACRES: 29.41 +/-
Zoning Land Use
N AG N
E AG E
S AG S
W AG W
Comments:
I1/4/100,042-14-nivtA-
g\rttth L0ln S
4 /► visfos &
Cut(t
Hannah ' pe y, P a ner
❑ House(s) ❑ Derelict Vehicles
o Outbuilding(s) ❑ Non-commercial junkyard (list components)
❑ Access to Property o Irrigation Sprinkler
o Crop Productions ❑ Crops
❑ Site Distance ❑ Wetlands
o Mobile Home(s) o Oil & Gas Structures
o Other Animals On-Site o Wildlife
o Water Bodies ❑ Utilities On-Site (transmission lines)
o Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello