HomeMy WebLinkAbout20020385.tiff INVENTORY OF ITEMS FOR CONSIDERATION
/*" Applicant Scott& Crystal Johnson Case Number S-621
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (4 pages) X
3 Department of Planning Services field check form X
4 Minutes of the Utility Advisory Committee X
5 Letter requesting early board hearing X
6 Photograph of sign posting X
7 Legal Notification X
8 Application X
9 Map X
10 Maps X
11 Referral List X
/e" 12 Referrals without comment X
Referrals with comments X
13 Weld County Department of Public Works, referral received X
1/21/2002 (2 pages)
14 Deed/Certificate of Conveyance X
15 Surrounding Property/Mineral Owners X
16 Utility information X
17
18
19
I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office.
Sheri Lockman a Planner II 5OOaL 0385
IX IRIT
3 * /
igAtiVirl P.U.D Final Plan
r 'ilk Administrative Review
COLORADO
HEARING DATE: February 5, 2002
CASE NUMBER: S-621
PLANNER: S Lockman
APPLICANT: Scott & Crystal Johnson
ADDRESS: 516 Sunnyslope
Loveland, CO 80537
REQUEST: PUD Final Plan to vacate a utility easement
LEGAL DESCRIPTION: Lot 46, Corrected First Filing, Beebe Draw Farms, being part of the
Section 8, T3N, R65W of the 6th P.M., Weld County, CO
LOCATION: West of and adjacent to Essex Drive North
ACRES: 2.89+/- PARCEL NUMBER: 1213 08 001046
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 27-
7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as
follows:
a. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24
and 26 of the Weld County Code and any intergovernmental agreement in effect
influencing the PUD. The proposed PUD Final Plan is consistent with all the
applicable chapters of the Weld County Code. The proposed vacation of a utility
easement does not substantially change the subdivision. Further, the site is not
influenced by any intergovernmental agreements.
b. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD
will conform with the performance standards of the PUD Zone District contained in
Article II, Chapter 27 of the Weld County Code. The affected utility companies and
the Weld County Utility Board have reviewed the proposal to ensure that the design
of the utility easements is satisfactory. The proposal does not affect any other
performance standard.
c. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible
with the existing or future development of the surrounding area as permitted by the
existing zoning, and with the future development as projected by Chapter 22 of the
EXHIBIT Weld Code r mn of afficipalities. hon of
utility easement should haveaster nopla affects on futureected developmentmun ,thereforeTe vacation,this criteriathe
is not applicable.
2002-0385
S-621, BeBee Draw PUD, Page 1
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d. Section 27-7-40.C.4 --That adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the performance standards in Article II, Chapter 27 of the Weld
County Code. The site will be served by Central Weld County Water District and an
Individual Sewage Disposal System.
e. Section 27-7-40.C.5 -- That street or highway facilities providing access to the
property are adequate in functional classification, width, and structural capacity to
meet the traffic requirements of the uses of the proposed PUD Zone District. The
vacation of the utility easement should have no affect on street or highway facilities.
f. Section 27-7-40.C.6—In the event the street or highway facilties are not adequate,
the applicant shall supply information which demonstrates the willingness and
financial capacity to upgrade the street or highway facilities in conformance with the
Transportation Sections of Chapters 22, 24 and 26, if applicable. The vacation of
the utility easement should have no affect on street or highway facilities.
g. Section 27-7-40.C.7 -- That there has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject site.
Mineral deposits and soil conditions were addressed at the original Bebee Draw
Final Plan. Further, the site does not lie within a overlay district.
h. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria
listed in the development guide, and the final plan exactly conforms to the
development guide. The proposed PUD Final Plan uses are compatible with the
criteria listed in the developmental guide.
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 PUD Final Plat:
A. The applicant shall obtain a certificate from the County Treasurer showing no
delinquent taxes or special assessments on the property for submittal to the Weld
County Department of Planning Services . (Department of Planning Services)
B. The applicant shall submit a paper copy of the plat for preliminary approval to the
Weld County Department of Planning Services.
C. The applicant shall create a digital file of all drawings associated with the
Final Plan application for submittal to the Weld County Department of Planning
Services . Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and
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S-621, BeBee Draw PUD, Page 2
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)
D. The Plat shall be amended to include the following:
1) The most recent version of Weld County's Right to Farm as listed in Section
22, Appendix 22-E of the Weld County Code. (Department of Planning
Services)
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat
as notes prior to recording:
A. The uses permitted on replatted Lot 46, Corrected First Filing, Beebe Draw Farms
Planned Unit Development are R-1 (low density residential) as described in the
application materials on file with the Weld County Clerk to the Board and set forth
in the Weld County Code. (Department of Planning Services)
B. All dwelling units shall be located a minimum of 300 feet from oil and gas drill sites
and production facilities. (Department of Planning Services)
C. Central Weld County Water District shall provide the water supply to the Planned
Unit Development. The water supply system shall be provided consistent with the
requirements of Section 27-2-210 of the Weld County Code and LaSalle Fire
Protection District fire safety requirements. (Department of Planning Services)
D. The applicant, metropolitan district, and/or homeowner's association shall provide
and maintain all roads internal to the Planned Unit Development as indicated on the
plat for Corrected First Filing, Beebe Draw Farms. (Department of Planning
Services)
E. The Beebe Draw Farms Metropolitan District shall comply with the amended Road
Maintenance and Improvement Agreement regarding impacts to Weld County
Roads signed on April 9, 1988. (Department of Planning Services)
F. No noxious or offensive activity shall be carried on upon any lot, nor shall anything
be done thereon which may become an annoyance or nuisance to the
neighborhood. Junk vehicles may not be stored on any lot. A junk vehicle shall be
construed to be any inoperative vehicle. No other junk items shall be stored there
i.e., used building materials or any other matter. (Department of Planning Services)
G. No permanent disposal of wastes shall be permitted at this site. No lot shall be used
or maintained as a dumping ground for rubbish. All trash, garbage, or rubbish shall
be disposed of in a neat and orderly manner at a facility authorized to accept such
waste materials. Any expenses incurred for the disposal of such waste materials
shall be the sole responsibility of the owner of any such lot. (Department of Planning
Services)
S-621, BeBee Draw PUD, Page 3
H. The areas shown as greenbelt and recreation on the PUD plan plat may be used
for utility easements. (Department of Planning Services)
Lot 46, Corrected First Filing, Beebe Draw Farms has received a setback variance
from the north property line for the residence. In accordance with BOA-1008 the
variance for setback is solely for the single family dwelling in relation to the north
property line. Any other use or structure associated with Lot 46 must comply with
all setback requirements. Should the single family dwelling be replaced at any time,
a minimum setback and offset of 50 feet from all lot lines shall be satisfied.
(Department of Planning Services)
J. Only one horse per acre shall be kept on any lot. A fraction of an acre shall be
rounded to the next highest whole acre for determining the number of horses per
lot. No other livestock may be kept on a lot. (Department of Planning Services)
K. An applicant for a residential building permit shall submit evidence to the Weld
County Department of Planning Services that the required building information has
been submitted to the Architectural Control Committee and the Committee has had
a reasonable opportunity for review prior to permit approval. (Department of
Planning Services)
L. Fugitive dust must be confined on this site. (Department of Planning Services)
M. Weld County Septic Permits are required for the proposed residential homes and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations. (Department of Planning Services)
N. Conflicts with existing easements will be resolved prior to construction of roads,
utilities or other facilities. (Department of Planning Services)
3. Upon completion of 1 and 2 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 27-9-20
and 27-9-40 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.
S-621,BeBee Draw PUD, Page 4
RESOLUTION OF THE WELD COUNTY BOARD OF ADJUSTMENT
Moved by Joseph Bodine that the following resolution be introduced for passage, with the amendment to
Condition of Approval #3, by the Weld County Board of Adjustment. Be it therefore resolved by the Weld
County Board of Adjustment that the following be adopted:
CASE NUMBER: BOA-1008
PLANNER: Monica Daniels-Mika
APPLICANT: Crystal Johnson
REQUEST: Weld County Board of Adjustment to grant a variance from the required 50 foot setback
requirements.
LEGAL DESCRIPTION: Lot 46, Beebe Draw Farms, being part of Section 8, T3N, R65W of the 6th
P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Essex Dr. North.
The Board of Adjustment has determined that the submitted materials are in compliance with the application
requirements of Section 23-6-40.Aofthe Weld County Code and recommends that this request be approved
for the following reasons:
Section 23-6-40.C.1 -- Special conditions and circumstances exist which are peculiar to the lot, structure
or building involved and which are not applicable to other lots, structures or buildings in the same zoning
district. The foundation for the home was placed twenty three (23.2) feet from the north property line.
(Exhibit A) This particular lot is adjacent to open space on the north. Therefore, the smaller setback with
have little if any negative impact on the surrounding properties.
Section 23-6-40.C.2 -- Literal interpretation of the provisions of this Chapter would deprive the appellant
of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter.
The literal interpretation of the Weld County Code is intended to protect the health,safety and welfare of the
public. Granting this variance to the setback will not have a detrimental impact on the health, safety or
welfare of the public.
Section 23-6-40.C.3 -- The special conditions and circumstances do not result solely from the actions of
the appellant. The error in placement of the foundation was primarily due to the destruction of the original
pins on the street side of the property.
Section 23-6-40.C.4 -- The reasons set forth in the application and testimony justify the granting of the
variance, and the variance is the minimum variance that will make possible the reasonable use of the lot,
building or structure. The applicants have already constructed the foundation on the lot. In order to utilize
the foundation in its location this variance must be granted. Given the nature of the use, the variance is
minimal and will make possible a reasonable use of the lot.
Section 23-6-40.C.5 -- The granting of the variance will be in harmony with the purpose and intent of this
Chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety
or welfare. Staff concurs that the small impact created by the allowance of the encroachment on this lot will
not be damaging to the Public health, safety or welfare of the surrounding land uses.
RESOLUTION, BOA-1008
Crystal Johnson
Page 2
Based upon the submitted application materials and other relevant information regarding this request, the
Board of Adjustment's recommendation for approval is conditional upon the following:
1. All construction shall comply with the requirements of the Weld County Building Inspection
Department.
2. The variance for setback is solely for the single family dwelling in relation to the north property line.
Any other use or structure associated with this parcel must comply with all setback requirements.
Should the single family dwelling be replaced at any time, all setback requirements shall be
satisfied.
3. The applicant will obtain approval for a vacation of the utility easement prior to the Certificate of
Occupancy of the home.
Motion seconded by Art Partridge.
VOTE:
For Passage Against Passage
Eric Whitwood
Randy Peterson
Anita Owens
Michael Willits
Gary Stewart
Art Partridge
Joseph Bodine
The Chair declared the resolution passed and ordered 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, Wendi Inloes, Recording Secretary for the Weld County Board of Adjustment, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Board of Adjustment of Weld County,
Colorado, adopted on October 25, 2001.
Dated the 25th of October, 2001.
(ACIALb Mai -(O1r
Wendi Inloes
Secretary
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FIELD CHECK inspection date:1/25/2002
CASE NUMBER: S-621
APPLICANT: Scott and Crystal Johnson
LEGAL DESCRIPTION: Lot 46, Corrected First Filing, Beebe Draw Farms, being part
of Section 8, T3N, R65W of the 6th P.M., Weld County, CO
LOCATION: West of and adjacent to Essex Rd. North
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Residential
S A (Agricultural) S Residential
W A (Agricultural) W Residential
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COMMENTS: The lot is adjacent to open pasture/scrub land on the
north. Some lots have been or are being developed on in
the subdivision.
//%/i
Sheri Lockman , Planner II
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EXHIBIT
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