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Home My WebLink About20063009.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant: Charles 7 Phyllis Nelson /Wiedeman Case Number: AmMJF-1119 Amending Lot Lines, Lots 9-11, Hill-n-Park Block 1, Filing 1 Submitted or Prepared: Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X `' 2 Legal Notifications X Affidavit of sign posting X 3 Application X 4 Maps& Plans X 5 Deed X \' 6 Surrounding Property Owners&Surrounding Property Owners' Letters X \' 7 Referrals Without Comment X Weld County Department of Health and Environment, referral received 6/22/06 X Weld County Sheriff's Office, referral received 6/2/06 X Weld County Building Inspection, referral received 6/20/06 X Weld County School District 6, referral received 6/1/06 X 8 Referrals With Comment X Weld County Public Works, referral received 6/15/06 X Weld County Zoning Compliance, referral received 5/23/06 X City of Evans, referral received 5/30/06 X Milliken Fire Protection District, referral received 6/19/06 X -GaraprebeasialYlanure_.&_Wastowator Management Plan X I hereby certify that the twenty items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Brad Mueller,Planning Services ${ EXHIBIT _ 7 /YUF#1114 2006-3009 MAJOR SUBDIVISION AMENDMENT WIDc SUMMARY SHEET COLORADO CASE NUMBER: AmMJF-1119 HEARING DATE: September 5, 2006 PLANNER: Brad Mueller APPLICANTS: Charles & Phyllis Nelson Gary Wiedeman 1454 Red Fox Circle 5880 49th Street Windsor, CO 80550 Greeley, CO 80634 REQUEST: Amended Major Subdivision Final Plat amending lot lines for Lots 9, 10, and 11, of Block 1 of Hill-n-Park Filing 1 subdivision, located within the R-5 Zone District. LEGAL Lots 9, 10, and 11, of Block 1, Hill-n-Park Filing 1; part of the SW4 of Section 26, DESCRIPTION: Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Yellowstone Drive, approximately % mile north of 49th Street, west of the City of Evans. PARCEL NOS.: 0959 26 303018 & 0959 26 303017 ACRES: 0.45 +/- POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Major Subdivision Final Plat are listed in Section 24-4-40 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral received 6/22/06 • Weld County Sheriffs Office, referral received 6/2/06 • Weld County Department of Public Works, referral received 6/15/06 • Weld County Department of Building Inspection, referral received 6/20/06 • Weld County Zoning Compliance, referral received 5/23/06 • City of Evans, referral received 5/30/06 • Weld County School District 6, referral received 6/1/06 • Milliken Fire Protection District, referral received 6/19/06 The Department of Planning Services'staff has not received responses from the following agencies: • City of Greeley EXHIBIT AmMJF-1119—Nelson (Amended Major Subdivision, Lots 9-11, Block 1, Hill-n-Park Filing 1) 464(40, MAJOR SUBDIVISION AMENDMENT SUMMARY SHEET WUDc. COLORADO CASE NUMBER: AmMJF-1119 HEARING DATE: September 5, 2006 PLANNER: Brad Mueller APPLICANTS: Charles & Phyllis Nelson Gary Wiedeman 1454 Red Fox Circle 5880 49th Street Windsor, CO 80550 Greeley, CO 80634 REQUEST: Amended Major Subdivision Final Plat amending lot lines for Lots 9, 10, and 11, of Block 1 of Hill-n-Park Filing 1 subdivision, located within the R-5 Zone District. LEGAL Lots 9, 10, and 11, of Block 1, Hill-n-Park Filing 1; part of the SW4 of Section 26, DESCRIPTION: Township 5 North, Range 66 West of the 6`h P.M., Weld County, Colorado. LOCATION: West of and adjacent to Yellowstone Drive, approximately 1/4 mile north of 49`" Street, west of the Town of Evans. PARCEL NOS.: 0959 26 303018 & 0959 26 303017 ACRES: 0.45 +/- 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 Section 24-4-40.A 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.6 of the Weld County Code as follows: A. Section 24-4-40.E.6.a — That the proposed subdivision is located within an urban growth boundary area as defined and adopted in any approved intergovernmental agreement, or as defined in Chapter 22 of this Code. The amended lots lie within an existing subdivision within the urban growth boundary of the City of Evans. Zoning for the subdivision is R-5. B. Section 24-4-40.E.6.b -- Compliance with this chapter[Chapter 24], Chapter 23 of this Code, the zone district in which the proposed use is located, and any adopted intergovernmental agreements or master plans of affected municipalities. The application meets the requirements for a subdivision and does not make any changes to the overall subdivision design. Zoning bulk standards for the R-5 Zone District are maintained, including the minimum lot size of 6,000 square feet. The proposed site lies within the Town of Evans' Urban Growth Boundary. Both the Town of Evans and the City of Greeley lie within the three- mile referral area; Evans expressed no concerns, and Greeley did not respond to the referral request. AmMJF-1119—Nelson (Amended Major Subdivision, Lots 9-11, Block 1, Hill-n-Park Filing 1) 2 C. Section 24-4-40.E.6.c — The comments received from referral agencies have been addressed, if applicable. All comments have been addressed through the conditions of approval and the development standards. D. Section 24-4-40.E.6.d -- That provisions have been made for a public water supply that is sufficient in terms of quantity, dependability and quality to provide water for the subdivision, including fire protection. The lots are currently adequately served by the Town of Evans. 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. The lots are adequately served by the Town of Evans. F. Section 24-4-40.E.6.f-- That streets within the minor subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision. Standards are established in Appendices 24-D and 24-E to this Chapter. No changes to the existing roads will be made by this proposal. 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. This criterion does not apply. H. Section 24-4-40.E.6.h — That facility providing drainage and stormwater management are adequate. Existing stormwater facitilies will not be changed by the proposed action. I. 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. Service levels would not be affected by this proposal. The existing three lots will be reconfigured into three lots, so there will be no change in impacts. If any addresses are changed, the applicants shall forward these to the Milliken Fire Protection District. J. Section 24-4-40.E.6..— That the subdivision will not cause air pollution violations based on Colorado Department of Health standards. The proposed changes will not affect air quality, according to the Department of Health and the Environment. K. Section 24-4-40.E.6.k — The proposed subdivision conforms to the subdivision design standards of Article VII. The proposal conforms to all required standards. No changes are proposed to the street or street system, to the utility easements, or to drainage, and all public infrastructure is already constructed and in place. L. Section 24-4-40.E.6.1—That the subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. This criterion does not apply. 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 the Final Plat: A. The plat title shall be revised to include"AmMJF-1119." (Department of Planning Services) AmMJF-1119—Nelson (Amended Major Subdivision, Lots 9-11, Block 1, Hill-n-Park Filing 1) 3 B. An exhibit shall be submitted showing the existing structures on the proposed reconfigured lots, demonstrating that all setbacks and offset standards will be met. (Department of Planning Services) C. The following notes shall be placed on the plat (Department of Planning Services): 1) This resubdivision amends the Hill-n-Park Subdivision, Filing 1, Lots 9, 10, and 11 of Block 1, recorded with the Weld County Clerk and Recorder at Reception No. 1487343. All other requirements and standards of that plat apply. 2) 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) 3) Effective August 1, 2005, Building Permits issued on the proposed lots 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) 4) The site shall maintain compliance at all times with the requirements of the Weld County Government. (Department of Planning Services) D. The format of the final plat document shall adhere to the standards required of Sections 24-4- 40.D.6 and 24-4-40.D.7 of the Weld County Code. (Department of Planning Services) E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) F. 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 through D.11 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. 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 shall be added for each additional 3 month period. (Department of Planning Services) 4. Prior to the release of building permits: A. The applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the amended lot designation and subdivision (Hill-n-Park, Filing 1). (Department of Planning Services) B. If any addresses change or are added, this information will be forwarded to the Milliken Fire Protection District. (Milliken Fire Protection District) AmMJF-1119—Nelson (Amended Major Subdivision, Lots 9-11, Block 1, Hill-n-Park Filing 1) 4 DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 918 10T" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 111k. COLORADO August 28, 2006 Charles & Phyllis Nelson 1454 Red Fox Circle Windsor CO 80550 Subject: AmMJF-1119- Request for a Amended Major Subdivision Final Plat amending lotlines for Lots 9-11, Block 1, of Hill-N-Park Filing 1, located within the R-5 Zone District on a parcel of land • described as Lots 9-11, Block 1, Hill-N-Park Filing 1; also a part SW4 of Section 26, T5N, R66W 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 September 5,2006,at 1:30 p.m. This meeting 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 Evans and Greeley Planning Commission for their review and comments. Please call Evans at 970-339-5344 and Greeley at 970-350- 9780 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 Evans and Greeley 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. Respectfully, Brad Mueller Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 26, 2006. 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, BRAD MUELLER , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE COUNTY COMMISSIONERS HEARING FOR RS-1119, AN APPLICATION FOR An Amended Major Subdivision Final Plat amending lotlines for Lots 9, 10, and 11, Block 1, of Hill-n-Park Filing 1 subdivision IN THE "R-5" (Residential) ZONE DISTRICT (AmMJF-1119) ✓6«E�2 Sinnativa of Parcnn Pnctinn Sinn STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thiag day of / J�/(�CL—5/- , 2006? 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FIELD CHECK Inspection Date: :117-21O c Applicant: NE LS o,J Case #: A. 411—F — it , Request: Legal: Section: T: N R: W Location: Parcel ID #: Acres: Zoning Land Use N (C- S N rcc; dev,-F:r 1 E 2 _ S S 2 C S W c _ S W Comments: S:-fc iS (0 ;-f'< q://- fay JJ /I ti �- Ina ckbris cry ° 35L-es I vNa�: /e Gu„4.c, ( eai q I s/;e,k_ tier coNsfrNe -t:L ( Lot It - scM4L Gklf Lc+ le) Signature X House(s) o Derelict Vehicles Rs Outbuilding(s) ❑ Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands Mobile Home(s) r/il A 11) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies ❑ Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. Hello