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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 - 44 Mtge NOTICE WHIG A PUBLIC HEARING CONCERNING 43415. THIS PROPERTY WILL BE HELD AT: 1143 /O{' Sh-A F.lrielu1 CO ben-6Y pe• ° + �(PY E oNUAT�( (0Th zo �rJ30p4.Ar / .. —ail NAME lYacceiI nv( I la4 co(A-4v2 Resusorur M Jri -The odd, 4on REQUEST bE oleo ) lot CASE NO. RS-//162 .19 5/44/- ACRES FOR MORE INFORMATION CALL WELD COUNTY DEPARTMENT OF PLANNING SERVICES AT ( 970 ) 353 -6100 ext . 3540 ,* I (tt 4< 01 /25/2007 - _ alms 4 -- Hilt*_ , ^, -.a . t - - �_=. `•� "may"-_.yam �_ -_-S��:: "- e�s-1!' _ �t i.' Nonce_� `_ al MOM[ Iw H_WIW Y 'YWYYW waS ^4* 4441 �� w 01 /25/ 2007 • �a _ - 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