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Home My WebLink About20063344.tiff I - t*Ig LAND USE APPLICATION 'live SUMMARY SHEET COLORADO Case Number: RS-1133 Hearing Date: December 13, 2006 Applicants: SW Chambers, LLC Planner: C. Gathman Request: A Resubdivision for the Vacation of Lots. The Resubdivision will vacate Lots 4, 5 and 6 from Lupton Meadows Land Company Subdivision. Legal Description:Lots 4, 5 and 6 of the Lupton Meadows Land Company Subdivision Division 1; being part of the E2 of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 25 and north of and adjacent to County Road 20.25 Parcel#: 1311 13 001002 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Resubdivision are 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 Department of Public Health and Environment, referral received November 21, 2006 Weld County Department of Public Works, referrals received November 16, 2006 • Fort Lupton Fire Protection District, referral received October 30, 2006 Weld County Zoning Compliance, referral received October 23, 2006 • Corps of Engineers, referral received November 8, 2006 • Weld County Department of Building Inspection, referral received November 13, 2006 The Department of Planning Services'Staff has not received responses from the following agencies: • Meadow Island Ditch Company • Platte Valley Soil Conservation District • City of Fort Lupton Bearson RS-1086 Page 1 2006-3344 it(c6,1, RESUBDIVISION FOR RE N VACATION ADMINISTRATIVE REVIEW Wipe COLORADO Case Number: RS-1133 Hearing Date: December 13, 2006 Applicants: SW Chambers LLC Planner: C. Gathman Request: A Resubdivision for the Vacation of Lots. The Resubdivision will vacate Lots 4, 5 and 6 from Lupton Meadows Land Company Subdivision. Legal Description:Lots 4, 5 and 6 of the Lupton Meadows Land Company Subdivision Division 1; being part of the E2 of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 25 and north of and adjacent to County Road 20.25 Parcel #: 1311 13 001002 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 24-5-40.B 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 24-5-40.C.2 of the Weld County Code, as follows: A. Section 24-4-40E.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. Lupton Meadows Subdivision consists of 54 lots which designates it as an urban scale subdivision that is not located with an urban growth boundary area or in approved intergovernmental agreement area. It is located within the 3-mile referral boundary for the City of Fort Lupton. The City of Fort Lupton in their referral dated December 4, 2004 indicated no conflict with their interests. B. Section 24-4-40E.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. Agricultural Zoning for an urban scale subdivision does not comply with current county codes. Lupton Meadows Subdivision was platted in the early 1900's prior to the adoption of county regulations controlling subdivisions. USR-1444 for a gravel mining operation encompasses approximately two-thirds of existing Lots 4, 5 and 6. The gravel operation has not yet commenced. The proposed resubdivision will allow the applicant to divide the property through the Recorded Exemption process. SW Chambers, LLC RS-1133 Page 2 C. Section 24-4-40E.6.c. — That comments received from referral agencies have been addressed, if applicable. Referral comments have been incorporated into the Conditions of Approval. D. Section 24-4-40E.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. There are two well permits for the property (permits #62970-F and 62972-F) associated with the gravel mining operation along with an existing domestic well (permit#4945). E. Section 24-4-40E.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. All of the 54 lots within the Lupton Meadows subdivision are serviced by individual septic disposal systems, which do not meet the requirements of an urban scale subdivision. Weld County Environmental Health, in their referral received November 21, 2006, indicated that they were unable to locate a septic permit for the property. Any existing septic system not currently permitted will require an I.S.D.S. Evaluation prior to the issuance of a septic permit. This is attached as a condition of approval. F. Section 24-4-40E.6.f. — That streets within the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision. The Departments of Public Works and Planning Services during the Recorded Exemption process will clarify the access to both lots. Currently there is an existing residential access to be also used as an access to the gravel mining operation off of County Road 25 and there is an existing ditch access off of County Road 20.25. All of the 54 lots within the Lupton Meadows subdivision utilize individual accesses to County Roads. An urban scale development requires that all lots access off an internal road system. G. Section 24-4-40E.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. No concerns regarding off-site street or highway facilities have been raised. H. Section 24-4-40E.6.h. — That facilities providing drainage and storm water management are adequate. No concerns regarding drainage and storm water management have been raised. I. Section 24-4-40E.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 proposal will not increase the impact on service providers. J. Section 24-4-40E.6.j. — That the subdivision will not cause air pollution violations based on Colorado Department of Health standards. The proposal will not increase the existing impact on air pollution. SW Chambers LLC RS-1133 Page 3 K. Section 24-4-40E.6.k. — The subdivision conforms to the subdivision design standards of Article VII. Staff supports the vacation. The Lupton Meadows subdivision doesn't meet the design standards but it was platted prior to the adoption of subdivision regulations. The vacation of these lots out of the Lupton Meadows Subdivision will bring the site more into conformance with the existing county code. L. Section 24-4-40E.6.l. —The subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land and historical sites. This criterion is not applicable since there are no proposed changes to the land. 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 Resubdivision Plat: A. All plats shall be labeled RS-1133, Resubdivision of Lupton Meadows Land Company Subdivision. B. The plat shall indicate any existing tank batteries or wellheads and the required setback as indicated in Section 23-3-50.E of the Weld County Code. C. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the property. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. Written evidence that this requirement has been addressed shall be provided to the Department of Planning Services. (Department of Public Health and Environmen D. The following notes shall be placed on the plat prior to recording: 1) Upon completion of this Resubdivision, Lots 4, 5 and 6 of Division 1 as shown on the replat of Lots 4-6 will be vacated from Lupton Meadows Land Company Subdivision. 2) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. 3) No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 4) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. E. The applicant shall submit two paper copies of the plat for preliminary approval to the Weld County Department of Planning Services SW Chambers LLC RS-1133 Page 4 F. The applicant shall create a digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). A copy shall be submitted to the Weld County Department of Planning Services at the time of Mylar plat submittal. 2. Upon completion of items 1 above 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. SW Chambers LLC RS-1133 Page 5 DEPARTMENT OF PLANNING SERVICES (1.it'";% NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 COLORADO October 20, 2006 SW Chambers 333 W. Hampden Ave Ste 810 Englewood CO 80110 Subject: RS-1133- Request for a Lots 4-6 Lupton Meadows Application for a resubdivision to vacate Lots 4-6 of Lupton Meadows Land Company Division 1 on a parcel of land described as Lots 4-6 Lupton Meadows; Pt E2 of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. This application is scheduled before the Board of County Commissioners on December 13, 2006 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The Department of Planning Services'staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. SSiinyerely, 641,:1/43 47t4 "Sy,. Chris Gathman Planner BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS December 3, 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR RS-1133 IN THE AGRICULTURAL ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign afro c✓ttiwva Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this lU day oft IlA_ / 006. WITNESS my hand and official seal. tJ/LLjJ) BILLIE J. MOORE Public NOTARY PUBLIC��l)/ STATE OF COLORADO My Commission Expires: 10/9410 "R 7+ah ': ,',`iff S. ! I : .:E ;"di ri:�iJ Sf '. Ian F _I i • -H. e . rya. NOTICE *ilea A PUBLIC NEARING CONCERNING lild THIS PROPERTY WILL BE HELD AT: 9;5 ore r.,.cc».,r.M. CLA, 1..m, OMr 4 ' ,20[b AT'+"'-=A`I _ • yy'"re.ta. i{ 7 .E`'w"' ' NAME K •ati' ""'7F. . ` y'-" REQUEST,.',' t..... r t t_. LA- . Q.- ,' ,'„ 4-0.4 CASE N0. "=�=" 1_, ACRES�!''��•� k_ FOR MORE INFORMATION CALL -x '* .,°i WELD COUNTY DEPARTMENT OF . . • PLANNING SERVICES AT •'Y ' ,..'c,,:te:7' � (070)353-6100 ext. 3540 l 't s; -" 0i A :'..g3 ? 7 AtT' s 1 '&$ 7. I ly . ' T 3 ra '' Ska ` ,-,,-•, ,)1' • P. '::1.0.t4 t : KiC fr k .+ + • e ' < M�. 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