HomeMy WebLinkAbout20022360 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant STEVE KLEN & LORI GUTTENSTEIN Case Number MZ-609
Submated or Prepared
Prior to At Hearng
Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Weld County Code Compliance referral received 6/12/02 X
Weld County Attorneys' Office referral received 7/8/02 X
Colorado Division of Wildlife referral received 6/25/02 X
Town of Platteville referral received 6/28/02 X
4 Referrals with comments X
Weld County Dept of Public Works referral received 7/17/02 X
Weld County Dept of Public Health& Environment referral received 7/19/02 X
Weld County Dept of Building Inspection referral received 6/24/02 X
Weld County Sheriffs Office referral received 7/1/02 X
Weld County School District RE-1 referral received 7/1/02 X
Platteville/Gilcrest Fire Protection District referral received 6/17/02 X
Platte Valley Soil Conservation District referral received 7/11/02 X
Colorado Geological Survey referral received 7/9/02 X
Colorado Division of Water Resources referral received 6/28/02 X
5 PC Exhibits \-'i ion Urictrir mcipS) X
6 Planning Commission Resolution
I hereby certify that the ;I, items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
Robert Anderson+i Planner14. III
E7IBIT
r\t 2002-2360
It 6209
fatinit'
wine CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
Case#: CZ-609 Hearing Date: August 6, 2002
Applicant: Steve Klen and Lori Guttenstein Planner: R. Anderson
6909 Shannon Court
Loveland, Colorado 80538
Request: A Change of Zone from A (Agricultural) to E (Estate) for a 6-lot Minor Subdivision
(Moorea Manor)
Legal Lot A of RE-2812, being part of the west half of Section 2,Township 2 North, Range
Description: 67 West of the 6th Prime Meridian, Weld County, Colorado
Location: West of and adjacent to Weld County Road 21.5 and north of and adjacent to Weld
County Road 24.5.
Parcel #: 1311 02 000 006 Parcel Size: 34.9 +/- acres
Water: Central Weld County Water District Sewer: Septic
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The applicant has complied with all the application requirements listed in Section 24-3-40
of the Weld County Code.
2. The request is in conformance with Section 23-2-30 of the Weld County Code as follows:
A. Section 23-2-30.A.1. The proposal is consistent with Chapter 22 of the Weld County
Code.
Section 22-2-60. A. Goal 1 states "Preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture." The subject property
is categorized as"Irrigated not Prime" by the USDA"Farmlands of National Importance
Map" dated 1979 and lies within the A (Agricultural) Zone District.
Section 22-2-60. G. Policy 7 states "Weld County recognizes the Right to Farm". In
order to validate this recognition Weld County's Right to Farm statement has been
established which shall be incorporated on all pertinent land use plats. The Department
of Planning Services shall require Weld County's Right to Farm statement to appear on
all recorded plats.
EXHIBIT
Moorea Manor,CZ 609, Page 1
Section 22-2-60.C. A. Goal.3 discourages urban-scale residential development which
is not located adjacent to existing incorporated municipalities. The proposed Minor
Subdivision does not propose an urban scale development as defined by the Weld
County Code and is not located adjacent to existing incorporated municipalities.
B. Section 23-2-30.A.2. states "That the uses which would be allowed on the subject
property by granting the Change of Zone will be compatible with the surrounding land
uses." The proposed site does not lie within the Urban Growth Boundary for any
municipality. The Right-to-Farm statement is required to appear on the recorded
Change of Zone plat which informs new residents to the proposed subdivision that the
surrounding community is agriculture in nature. The Department of Planning Services'
maintains that granting this Change of Zone will have a minimal impact on the
surrounding land uses which are primarily rural residential in character.
C. Section 23-2-30.A.3. states "That adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone district."
Application materials indicate water service is to be provided by Central Weld County
Water District. Appropriate documentation was submitted to and approved by the Weld
County Attorney's Office.
The Weld County Department of Public Health and Environment has reviewed this
proposal and has indicated the applicant has satisfied Chapter 24 of the Weld County
Code in regard to water and sewer service. Water will be provided by Central Weld
County Water District and sewer will be provided by individual sewage disposal
systems. The minimum proposed lot size (4.3 acres) coupled with an overall density
of one septic system per 5.8 acres meets the current Department policy. Preliminary
geo-technical information and percolation test data,dated March 20, 2002 from Church
and Associates, Inc.,was submitted to the Department for review. This preliminary data
indicates conventional septic systems should be viable across the site although
underlying sandstone is anticipated on portions of the site. The lot sizes are adequate
to accommodate the septic systems. Because of the natural depression on the two
western lots, care will be necessary in siting the septic systems to prevent the potential
flooding of those septic systems.
Fire Protection will be provided by the Platteville/Gilcrest Fire Protection District. In the
referral response received 6/17/02 the District Fire Chief verified the conditions of
approval(access requirements,hydrant location and water main extension)established
at the Sketch plan phase.
D. Section 23-2-30.A.4 states"Street or highway facilities providing access to the property
are adequate in/size to meet the requirements of the proposed zone district." Weld
County Road 2P.5 is designated as a collector and requires an 80-foot right-of-way.
The additional 10 feet of right-of-way shown on the change of zone plat shall be
dedicated. The existing 60 foot right-of-way shall be verified by the applicant and the
documents creating the right-of-way noted on the plat. If the right-of-way cannot be
verified, it will be dedicated on the plat.
Moorea Manor,CZ 609, Page 2
r
E. Section 24-3-60.P.12. of the Weld County Code states, "Ingress and Egress to all lots
within the Minor Subdivision will be to an internal road circulation system." Minor
subdivision roadways serving nine or fewer lots may be gravel. The minimum gravel
roadway width is 24 feet in width with 6 inches of aggregate base. The interior road and
typical cross section shall conform to the standards of the Weld County Code, Chapter
24, Article VII, Design Standards and shall be delineated on future applications.
F. Section 24-7-60 of the Weld County Code outlines utility easement standards for county
subdivisions. These standards are strictly enforced by the Weld County Utility Advisory
Committee, requiring a minimum total width of 20 feet apportioned equally on side and
rear lot lines within the development, and a minimum of 15 feet allocated along front lot
lines.
G. Section 23-2-30.A.5.states"That,in those instances where the following characteristics
are applicable to the rezoning request,the applicant has demonstrated compliance with
the applicable standards:"
1) The proposed change of zone does not lie within any overlay district identified by the
maps officially adopted by Weld County.
2) The applicant included copies of correspondence with mineral owners in order to
determine mitigation of the potential impact to both mineral interest owners as well
as surface rights owners. A written agreement between the mineral owners and the
surface owners is required.
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 entities.
The Change of Zone from A(Agricultural)to E(Estate)Zone uses for Six(6) Residential Lots
is conditional upon the following:
1. Prior to scheduling the Board of County Commissioner's Hearing:
A. The applicant shall submit t jthe Weld County Department of Planning Services a
signed copy of an agreemenla ith the properties mineral owners which stipulates that
oil and gas activities have been adequately incorporated into the design of the site and
that mineral owners concerns have been mitigated. (Department of Planning Services)
B. The applicant shall submit to the Weld County Department of Planning Services a
signed copy of an agreement with the Lupton Bottom Ditch Company which stipulates
that ditch activities have been adequately incorporated into the design of the site or
show evidence that an adequate attempt has been made to mitigate any concerns of
the ditch company. (Department of Planning Services)
2. The Change of Zone plat shall meet the requirements of Section 24-3-50 of the Weld
County Code and shall be amended to delineate the following:
Moorea Manor,CZ 609, Page 3
A. All future signs including entrance signs, street signs and stop signs as well as sight
distance triangles shall be delineated on the plat. The name of the street shall not
conflict with any other street within the servicing United States Postal area.
(Departments of Planning Services and Public Works)
B. Weld County does not maintain unpaved subdivision internal roads. This shall be noted
on the Change of Zone and Final Plats. The applicant shall further prepare and
execute an agreement stating that the homeowners will accept liability for the
maintenance of the internal road. The internal roadway right-of-way shall be 60-feet in
width including cul-de-sacs with a 65 foot radius, and dedicated to the public. The
typical roadway cross-section of the interior roadway shall be shown as two 12-foot
gravel lanes. The cul-de-sac edge of gravel radius shall be 50 feet. Stop signs and
street name signs shall be placed at the intersections. The required right-of-way shall
be dedicated to the County. Landscaping within the intersection sight distance triangle
shall be less than 3.5 feet at maturity and noted on the change of zone and final plat.
(Department of Public Works)
C. The change of zone plat shall include the delineation of utility easements on each lot
in accordance with Section 24-7-60 and/or the Weld County Utility Boards direction.The
30 foot right-of-way for Lot 6 driveway shall contain easements for utilities, be solely
dedicated to Lot 6 and be dimensioned on the change of zone and final plat. Roadway,
Grading plans and construction details will be required with future applications.
(Department of Public Works)
D. Weld County Road 20.5 is designated as a collector and requires an 80-foot right-of-
way. The additional 10 feet of right-of-way shown on the Change of Zone plat shall be
dedicated. The existing 60 foot right-of-way shall be verified by the applicant and the
documents creating the right-of-way noted on the plat. If the right-of-way cannot be
verified, it will be dedicated on the plat. (Department of Public Works)
E. The applicant shall show all irrigation systems in the development on the change of
zone and final plat. The applicant shall verify the Lupton Bottom Ditch on the change
of zone plat as well as provide a recorded copy of the right-of-way agreement.
(Department of Public Works)
3. The Change of Zone is conditional upon the following, and each shall be placed on the
Change of Zone plat as notes, prior to recording:
A. The Minor Subdivision consists of six (6) residential lots. The Change of Zone is to the
Estate Zone District as set forth in Chapter 23, Division 5 of the Weld County Code.
(Department of Planning Services)
B. Water service shall be provided by Central Weld County Water District. (Department
of Public Health and Environment)
C. A Weld County Septic Permit is required for each proposed septic system, which shall
be installed according to the Weld County Individual Sewage Disposal System
Regulations. Each septic system shall be designed for site-specific conditions,
including but not limited to maximum seasonal high groundwater, poor soils, and
shallow bedrock. (Department of Public Health and Environment)
Moorea Manor,CZ 609, Page 4
D. During development of the site,all land disturbance shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions,at the request
of the Weld County Department of Public Health and Environment, a fugitive dust
control plan must be submitted. (Department of Public Health and Environment)
E. 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 which are technologically feasible and economically reasonable in
order to minimize dust emissions. (Department of Public Health and Environment)
F. If land development creates more than a 25-acre contiguous disturbance, or exceeds
6 months in duration, the responsible party shall prepare a fugitive dust control plan,
submit an air pollution emissions notice, and apply for a permit from the Colorado
Department of Public Health and Environment. (Department of Public Health and
Environment)
G. The site shall maintain compliance at all times with the requirements of the Weld
County Department of Public Works, Weld County Department of Public Health and
Environment, and the Weld County Department of Planning Services. (Department of
Planning Services)
H. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
I. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County Code shall
be recognized at all times and placed on any recorded plat. (Departments of Planning
Services, Public Health and Environment)
J. Appropriate Building Permits shall be obtained prior to any construction or excavation.
(Department of Planning Services)
K. No development activity shall commence on the property, nor shall any building permits
be issued on the property until the final plan has been approved and recorded.
(Department of Planning Services)
L. A separate building permit shall be obtained prior to any construction. Buildings that
meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20
and Section 29-3-20 B.13 of the Weld County Code do not need building permits,
however a Certificate of Compliance must be filed with the Planning Department and
an electrical permit is required for any electrical service to the building. (Department of
Planning Services, Building Inspections)
M. A plan review is required for all buildings except for Ag Exempt buildings. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for each permit. (Department of Planning Services,
Building Inspections)
N. Buildings shall conform to the requirements of the various codes adopted at the time
of permit application. Currently the following has been adopted by Weld County: 1997
Uniform Building Code, 1998 International Mechanical Code, 1997 International
Plumbing Code, 1999 National Electrical Code and Chapter 29 of the Weld County
Code. (Department of Planning Services, Building Inspections)
Moorea Manor,CZ 609, Page 5
O. Each building will require an engineered foundation based on a site-specific geo
technical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Planning Services, Building Inspections)
P. Building height shall be limited to the maximum height allowed per UBC Table 5-B.
Wall and opening protection and limitations shall be in accordance with UBC Table 5-A.
Separation of buildings of mixed occupancy classifications shall be in accordance with
UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by
the Weld County Code. (Department of Planning Services, Building Inspections)
Q. Building height shall be measured in accordance with the 1997 Uniform Building Code
for the purpose of determining the maximum building size and height for various uses
and types of construction and to determine compliance with the Bulk Requirements
from Chapter 27 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. When measuring buildings to determine offset
and setback requirements, buildings are measured to the farthest projection from the
building.(Department of Planning Services, Building Inspections)
4. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copy the applicant
shall submit a Mylar plat along with all other documentation required as conditions of
approval.
The Change of Zone plat map shall be submitted to the Department of Planning Services'
for recording within thirty (30) days of approval by the Board of County Commissioners.
With the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone 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). (Department of Planning Services)
5. The Final Plat application shall adhere to Section 24-3-50 of the Weld County Code and
specifically address:
A. The applicant shall contact Weld County School District RE-1, to finalize a bus pick-up
and drop-off location. The applicant shall further provide written evidence/
acknowledgment of the agreement between the applicant and Weld County School
District RE-1 specifically addressing land dedication and/or collection of In Lieu
Payments. (Department of Planning Services)
B. The eighty(80)foot right-of-way for Weld County Road 45 as well as the right-of-way
for the internal roadway shall be dedicated to the County. (Department of Planning
Services)
C. The applicant shall submit written evidence to the Weld County Department of Planning
Services that all proposed street names and lot addresses have been submitted to the
appropriate Fire Protection District, the Weld County Sheriff's Office, the Weld County
Ambulance Services Department and the Post Office for review and approval.
(Department of Planning Services)
Moorea Manor,CZ 609, Page 6
D. The proposed mail box location shall be located on site in an area that has adequate
sight distance from the pubic right-of-way. Written evidence shall be provided to Weld
County Department of Planning Services from the servicing United States Post Office
(USPO)stating that the proposed location meets USPO design standards and delivery
requirements. Should a single pedestal mail box not be the preferred standard,written
evidence from the servicing USPO shall be provided stating the contrary. (Department
of Planning Services)
E. A Home Owner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The Association
is responsible for liability insurance, taxes, maintenance of streets, private utilitizgliand
other facilities. T applicant shall submit_the_Hnmeowners,Association CgueriaaMs to
the Weld Co rfty Attorney's Office for review and approval and provide the Department
of Planning Services evidence of approval. (Department of Planning Services)
F. A final drainage report stamped, signed and dated by a professional engineer licensed
in the State of Colorado shall be submitted with the Final Plat Application. The 5-year
storm and 100-year storm drainage studies shall take into consideration off-site flows
both entering and leaving the development. Increased runoff due to development will
1koCa&a, • require detention of the 100-year storm developed condition while releasing at the 5-
year storm existing condition. The final drainage report shall include a flood hazard
review with FEMA maps. The August 2001 report states increased runoff due to
development is minimal and detention will not be required. Calculations verifying this
pa, as well as final drainage construction plans, conforming to the drainage report will be
required with the final plat application. The applicant shall show all irrigation systems
in the development on the change of zone and final plat. The applicant shall verify the
Lupton Bottom Ditch on the final plat as well as provide permission to cross the ditch.
Accompanying plans and details must be included showing calculated sized opening
and method of crossing. The applicant shall provide a confirmation letter or appropriate
documentation to the Department of Planning Services from the owner addressing
these issues at the time of final plat application. Written evidence of the Department of
Public Works approval of the Roadway and Drainage construction plans shall be
submitted to the Department of Planning Services. (Department of Public Works)
Moorea Manor,CZ 609, Page 7
CASE NUMBER: CZ-609 • 6J5 A1O E
u LOT MINOR SUBDIVISION
APPLICANT: Steve Klen 8 Lori Guttenstein MOORF.A MANOR
KLEN &GUrTENSTEN
PLANNER: Robert Anderson wCR 26,
LEGAL DESCRIPTION: Lot A of RE-2812,being part of
the W2 of Section 2,T2N,R67W of the 6th P.M.,Weld
County,Colorado.
REQUEST: A Change of Zone from A(Agricultural)to E • WCR 24 5
(Estate)for a Six(6)Lot Minor Subdivision.
LOCATION: West and adjacent to WCR 21.5 and north
and adjacent to WCR 24.5. •
WCR 24
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I DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, E4.6498
FAX (97(970) 3004-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
June 10, 2002
Steven Klen & Lori Guttenstein
c/oJeffrey Couch
9061 Richmond Drive Unit#2
Fort Collins CO 80526-5973
Subject: CZ-609- Request for a Change of Zone from A(Agricultural)to E(Estate)for a Six(6)Lot Minor Subdivision
on a parcel of land described as Lot A of RE-2812,being part of the W2 of Section 2,T2N, R67W of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials forthe request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for August 6,2002,at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, 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 Platteville Planning Commission for their review and comments.
Please call Platteville at (970) 785-2245 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 Platteville 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,
Robert Anderson
Planner
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: I .I yl .2 S! • THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY 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 PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USE-
THE SIGN WAS POSTED BY:
kakof&vt. L Ott
NAME OF PERSON POSTING SIGN
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SIGNATURE FOR PERS N POSTING SIGN
STATE OF COLORADO)
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COUNTY OF WELD )
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SUBRIBEQAND SWORN TO ME THIS CAP DAY OF ati.41"
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MY CONINl1SSION EXPIRES: / a9-0
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
MOOREA MANOR CZ-609
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COLORADO
APPLICANT: KLEN &GUTTENSTEIN CASE#: CZ-609
LEGAL LOT A/RE-2812, PT/W2, 2-2-67
DESCRIPTION:
LOCATION: W/ADJ WCR 21.5 & N ADJ.WCR 24.5
ZONING LAND USE
N AG N AGRICULTURE W/ASSOCIATED RURAL RESIDENCES
E AG E AGRICULTURE W/ASSOCIATED RURAL RESIDENCES
S AG S AGRICULTURE W/ASSOCIATED RURAL RESIDENCES
W AG W AGRICULTURE W/ASSOCIATED RURAL RESIDENCES
COMMENTS:
SITE RELATIVELY FLAT
NO APPARENT VIOLATIONS
PLANNER:_ROBERT ANDERSON_ INSPECTION DATE: 7/8/02
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