HomeMy WebLinkAbout20070477.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Bruce Fitzgerald that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: RS-1136
APPLICANT: Jason & Lisa Slater
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot 12, Black Hollow Acres, 1st Filing, Section 33, T8N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Resubdivision for the creation of an additional lot.
LOCATION: North of and adjacent to CR 86; approx. 1/4 mile west of CR 19.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Sections 24-5-40.B
and 24-4-40.D. of the Weld County Code.
2. It is the opinion of the Planning Commission 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
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
EXHIBIT
2007-0477
Resolution RS-1136
Jason & Leslie Slater
Page 2
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
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.
Resolution RS-1136
Jason & Leslie Slater
Page 3
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.
I. 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 Planning Commission's 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)
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 four(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
Resolution RS-1136
Jason & Leslie Slater
Page 4
4. 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)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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
Department. (Building Inspection)
10. 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)
11. 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)
12. 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.
Resolution RS-1136
Jason & Leslie Slater
Page 5
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 Arclnfo 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.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer-Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
^-
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on February 6, 2007.
Dated the 6th of February, 2007.
Donita May
Secretary
-4 -.1,-:c /
2. CASE NUMBER: USR-1586
APPLICANT: Justin &Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th
P.M., Weld County, Colorado.
• REQUEST: A Site Specific Development Plan and Special Review Permit for
a use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone District
(Outdoor Storage of Recreational Vehicles, Boats, Trailers, and
Mini Warehousing for personal/household storage) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59th
Ave.
Hannah Hippely, Department of Planning Services, said this case was continued from last month as the
applicant was trying to address water and sewer concerns which had not been resolved to date due to the
recent weather. The applicant was requesting a continuance to the March 6, 2007 hearing date.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. The public portion of the hearing was closed.
Tom Holton moved that Case USR-1586 be continued to the March 6, 2007 hearing date. Bruce Fitzgerald
seconded the motion. Motion carried.
CONSENT ITEMS
3. CASE NUMBER: CZ-1135
APPLICANT: Jason and Lisa Slater
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot 12, Black Hollow Acres, First Filing, Section 33,TBN, R67W
of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural)to E (Estate).
LOCATION: North of and adjacent to CR 86 and approximately 1/4 mile west
of CR 19.
Hannah Hippely, Department of Planning Services, asked that Case CZ-1135 remain on the consent agenda.
The Chair asked the applicants if that was also their wish and they replied it was.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. The public portion of the hearing was closed.
4. CASE NUMBER: RS-1136
APPLICANT: Jason & Lisa Slater
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot 12, Black Hollow Acres, 151 Filing, Section 33, T8N, R67W of
the 6th P.M., Weld County, Colorado.
REQUEST: Resubdivision for the creation of an additional lot.
LOCATION: North of and adjacent to CR 86; approximately 1/4 mile west of
CR 19.
Hannah Hippely, Department of Planning Services, asked that Case RS-1136 remain on the consent agenda.
The Chair asked the applicants if that was also their wish and they replied it was.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No m
one wished to speak. The public portion of the hearing was closed.
2 W
5. CASE NUMBER: USR-1595
APPLICANT: Garrett& Carla Devries •
PLANNER: Chris Gathman
LEGAL DESCRIPTION: NW4 of Section 31, T6N, R63W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development and Special Review Permit for an
Agricultural Service Establishment primarily engaged in
performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis including Livestock
Confinements Operations (a dairy operation for a total of 10,000
head of cattle including milking cows, dry cows, heifers and
calves) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 61; south of and adjacent to CR 64.
Chris Gathman, Department of Planning Services,asked that Case USR-1595 remain on the consent agenda.
The applicant's representative, Cody Hollingsworth, confirmed they would like it to remain on the consent
agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dan Casper, Anadarko, presented a letter of objection to the Planning Commissioners and asked it be
part of the record. The Chair said it was a part of the record.
The public portion of the hearing was closed.
Bruce Fitzgerald moved that Cases CZ-1135, RS-1136 and USR-1595 be forwarded to the Board of
County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commission's recommendation of approval. Tom Holton seconded the motion. Motion carried.
HEARING ITEMS
6. CASE NUMBER: USR-1592
APPLICANT: Public Service Company
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a Use by Special Review
for a Major Facility of a Public Utility(Electric Substation) in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 84; 1/4 mile west of CR 37.
Hannah Hippely, Department of Planning Services, said USR-1592 was an application made on behalf of
the Public Service Company of Colorado for a Site Specific Development Plan and a Use By Special
Review for a Major Facility of a Public Utility(Electric Substation) in the A(Agricultural)Zone District.
The applicant's original substation was constructed in the early 1950s and now needs updating. This use
by special review permit would, if approved, bring the facility into compliance with the Weld County Code.
The site is located north-east of Ault, more specifically north of and adjacent to CR 84 and approximately
1/4 mile west of CR 37.
Except for the property to the south which is a residential PUD, the surrounding property is zoned
agricultural.
3
Hello