HomeMy WebLinkAbout20020287 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Harlen Schultz Case Number S-611
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments ( 6 pages) X
3 Department of Planning Services field check form X
4 Planning Commissioner Walker field check form - not received
5 Letter to Applicant X
6 Photograph of sign posting X
7 Legal Notifications X
8 Application X
9 Maps X
10 Referral List X
r
11 Referrals without comment
Town of Johnstown, referral received 11-5-2001 X
Berthoud Fire Protection District, referral received 11-9-2001 X
Colorado Division of Wildlife, referral received 11-29-2001 X
Referrals with comments
12 Weld County Zoning Compliance, referral received 10-23-2001 X
13 Weld County Department of Building Inspection, referral X
received 10-26-2001
14 Office of the State Engineer, Division of Water Resources, X
referral received 10-31-2001
15 Town of Berthoud, Planning referral, referral received 11-2-2001 X
16 Thompson School District-R-2J, referral received 11-2-2001 X
17 Weld County Department of the Assessor, referral received X
11-8-2001
18 Larimer County Planning, referral received 11-9-2001 X
19 Department of Planning Services -Addressing, referral received X
11-9-2001
20 State of Colorado, Division of Minerals and Geology, referral X
received 11-9-2001
EXHIBIT
2002-0287
' �
21 Weld County Department of Public Health and Environment, X
referral received 12-3-2001
22 Weld County Department of Public Works, referral received X
12-4-2001
23 Deed/Certificate of Conveyance X
24 Surrounding Property/Mineral Owners X
25 Utilities X
26 Soil Survey X
PC Exhibits
I hereby certify that the 24 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Board of County Commissioners hearing.
g.)
Kim Ogle 4 Planner III
a arm
LAND USE APPLICATION
W��D�• SUMMARY SHEET
COLORADO
CASE NUMBER: S-611
PLANNER: Kim Ogle
APPLICANT: Harlen Schultz
ADDRESS: Tiffane Moore, Landmark Engineering
3521 West Eisenhower Blvd., Longmont CO 80537
REQUEST: Final Plat for a 5-lot Minor Subdivision—Schultz First Subdivision
LEGAL
DESCRIPTION: Part of the W2 SW4 of Section 7, Township 4 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
LOCATION: East of and adjacent to WCR 1 & 0.25 miles North of WCR 46
ACRES: 32.845 PARCEL# 1061 07 000004
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Minor Subdivision Final Plat is listed in Section 24-3-60.1 of the
Weld County Code.
The Department of planning Services' Staff has received responses from the following
agencies:
• Town of Johnstown, referral received 10-30-2001
• Weld County Zoning Compliance, referral received 10-23-2001
• Weld County Department of Building Inspection, referral received 10-26-2001
• State of Colorado, Division of Water Resources, referral received 10-31-2001
• Town of Berthoud, referral received 11-1-2001
• Thompson School District/R2-J, referral received 11-1-2001
• Weld County Assessors Office, referral received 11-8-2001
• Larimer County Planning, referral received 11-9-2001
• Weld County Department of Planning Services - Addressing, referral received 11-9-2001
• Bethoud Fire Protection District, referral received 11-9-2001
• State of Colorado, Geologic Survey, referral received 11-9-2001
• Weld County Department of Public Health and Environment, referral received 12-3-2001
• Weld County Department of Public Works, referral received 12-4-2001
1*141i1T
S-611 -Schultz Minor Subdivision page 1
MINOR SUBDIVISION FINAL PLAT
/ft ADMINISTRATIVE REVIEW
lINDe.
COLORADO
CASE NUMBER: S-611 Hearing Date: December 18, 2001
PLANNER: Kim Ogle
APPLICANT: Harlen Schultz
ADDRESS: Tiffane Moore, Landmark Engineering,
3521 West Eisenhower Blvd., Longmont CO 80537
REQUEST: Final Plat for a 5-lot Minor Subdivision —Schultz First Subdivision
LEGAL
DESCRIPTION: Part of the W2 SW4 of Section 7, Township 4 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
/"• LOCATION: East of and adjacent to WCR 1 & 0.25 miles North of WCR 46
ACRES: 32.845 PARCEL# 1061 07 000004
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-
3-50 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 24-3-60.1 of the Weld County Code, as follows:
a. Section 24-3-60.1.1 -- Compliance with 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. Through
the Final Plat application process, the applicants have demonstrated compliance
with the Comprehensive Plan, as well as compatibility with the surrounding area
which consists of agricultural production and rural residences. The overall design
of the proposed development adheres to Section 23-3-440 (Estate Zone District)
and Section 24 (subdivision) requirements, and incorporates comments from
referral agencies and surrounding property owners.
/"•
S-611 -Schultz Minor Subdivision page 2
b. Section 24-3-60.1.2 — That provisions have been made to preserve prime
agricultural land. The property is Lot A of Recorded Exemption 2668, being a non-
irrigated parcel of land presently in hay. Given the thirty-two (32) acre parcel size,
shape of the site, topographic relief and lack of irrigation water, the land is
economically unviable for farming. The Right to Farm statement will be placed on
the final plat to alert lot owners of the potential conflicts that may occur as a result
of residing in a predominantly agricultural area.
c. Section 24-3-60.1.3--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
minor subdivision, including fire protection. Little Thompson Water District has
committed water service for five residential lots. The Berthoud Fire Department in
their referral dated November 9, 2001, stated that they had reviewed the request
and found no conflict with their interests.
d. Section 24-3-60.1.4 -- 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 minor subdivision.
A Weld County Septic Permit is required for each proposed septic system and 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. Further, the applicant shall delineate on the plat an area for
septic system replacement envelopes.
e. Section 24-3-60.1.5--That all areas of the Minor Subdivision which may involve soil
or topographical conditions presenting hazards or requiring special precautions
have been identified by the subdivider and that the proposed uses of these areas
are compatible with such conditions. Due to the seasonal high groundwater,
shallow bedrock and poor soils, primary and secondary septic system envelopes
shall be designated on each lot. Each envelope must meet minimum current
setbacks as specified in the Weld County Individual Sewage Disposal System
Regulations. Further, language for the preservation and/or protection of the second
absorption field envelope shall be placed in the development covenants. The
covenants should state that activities such as landscaping(i.e. planting of trees and
shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly
prohibited in the designated absorption field site.
f. Section 24-3-60.1.6 --That streets within the Minor Subdivision are adequate in
functional classification, width and structural capacity to meet the traffic
requirements of the Minor Subdivision. The applicant's representative has
submitted road plans for Schultz Lane that are acceptable to Public Works. Weld
County will not accept an unpaved subdivision road for maintenance. Provisions for
road maintenance should be outlined in covenants as a responsibility of the
homeowners.
g. Section 24-3-60.1.7--That off-site street or highway facilities providing access to the
proposed Minor Subdivision are adequate in functional classification, width and
S-611 -Schultz Minor Subdivision page 3
structural capacity to meet the traffic requirements of the Minor Subdivision. Weld
and Larimer Counties have worked closely with the applicant to develop a plan for
improvements to Weld County Road 1 that addresses impacts and provide the best
solution given the existing roadway conditions. A letter dated June 11, 2001,
detailing the agreement between the two Counties, the applicant and the McIntyre
Ditch Company is attached. The relocation of the McIntyre Ditch as outlined in the
agreement adequately addresses improvements to WCR 1. The plans submitted
by the applicant's representative for the ditch relocation are acceptable to Public
Works. The agreement calls for the McIntyre Ditch Company to approve the
construction plans. Documentation to that effect is still required.
h. Section 24-3-60.1.8--That the construction, maintenance, snow removal and other
matters pertaining to or affecting the road and rights-of-way for the Minor
Subdivision are the sole responsibility of the landowners within the Minor
Subdivision. The property owners within the subdivision shall responsible for the
maintenance of Schultz Lane (the access road for the subdivision).
Section 24-3-60.1.9 -- That the Minor Subdivision is not part of or contiguous with
a previously recorded subdivision or unincorporated townsite. The parcel is not part
of a previously recorded subdivision or Unincorporated Townsite.
j. Section 24-3-60.1.10 --That there will be no on-street parking permitted within the
Minor Subdivision. On-street parking will not be permitted within the Schultz Minor
Subdivision, as stated in the Conditions of Approval.
r
k. Section 24-3-60.1.11 -- That no additional access to a county, state or federal
highway will be created. One access is proposed for this subdivision.
I. Section 24-3-60.1.12 -- That the ingress and egress to all lots within the Minor
Subdivision will be to an internal road circulation system. One access is proposed
for this subdivision off of Weld County Road 1 (Larimer County Road 904).
m. Section 24-3-60.1.13 -- That facilities providing drainage and storm water
management are adequate. The applicant's representative has submitted a
drainage plan that is acceptable to the Public Works Department. The drainage
plan states storm water will flow into the McIntyre Ditch as it has historically. The
acceptance of this storm water by the McIntyre Ditch should be included in
acceptance of the construction plans as indicated above.
n. Section 24-3-60.1.14 -- That the maximum number of lots within the Minor
Subdivision will not exceed nine (9) lots. Five Estate zoned lots are proposed for
the Minor Subdivision.
o. Section 24-3-60.1.15 --That the Minor Subdivision will not cause an unreasonable
burden on the ability of local governments or districts to provide fire and police
protection or other services. Conditions of Approval ensure that the minor
subdivision will allow for the provision of adequate services.
S-611 -Schultz Minor Subdivision page 4
p. Section 24-3-60.1.16 —That the subdivision will not have an undue adverse effect
on wildlife and its habitat, the preservation of agricultural land and historical sites.
In a referral response dated November 29, 2001, the Colorado Division of Wildlife
stated that there existed no conflicts with their interests.
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 Minor Subdivision Final Plat:
A. The Board of County Commissioners shall review and approve the Improvements
Agreement According to Policy Regarding Collateral for Improvements (Private
Road Maintenance) including the form of collateral. The applicant shall submit a
signed and dated copy of this document prior to scheduling a Board of County
Commissioners hearing. The security for the agreement shall be tendered and
accepted by the Board of County Commissioners.
B. The applicant shall delineate the additional twenty (20) feet of right-of-way
reservation on the final plat as requested.
C. The Certificate of Dedication correctly calls out dedication of rights-of-way to the
public; however, under the name Schultz Lane on the drawing "Private Drive" is
indicated in parentheses. The reference to Private Drive should be removed. The
applicant shall delineate this information.
D. The applicant shall delineate a right-of-way width of sixty (60) feet for Schultz Lane
on the drawing.
E. The applicant shall provide curve data for the internal road as no curve information
is called out at the intersection of Schultz Lane and Weld County Road 1. The
applicant shall delineate this information.
F. The curves are numbered around the cul-de-sac but there is no curve information
table on the plat. The applicant shall delineate this information.
G. The applicant shall amend the Minor Subdivision Final Plat to reflect the conditions
and comments from the Utility Board review on December 13, 2001.
2. The Final Plat shall be submitted to the Department of Planning Services for recording within 30
days of approval by the Board of County Commissioners.
A. The applicant shall submit a digital file of all drawings associated with the Final
Plat 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).
S-611 -Schultz Minor Subdivision page 5
r
3. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording:
A. The Final Plat allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Chapter 23 of the Weld County Code. The Minor Subdivision
shall consist of five (5) lots.
B. Water service shall be provided by the Little Thompson Water District and sewage disposal
shall be from Individual Sewage Disposal Systems. The irrigation system will be managed
by a Homeowner's Association, the form of which will be established prior to recording the
plat.
C. The site shall maintain compliance at all times with the requirements of the Weld County
Department of Public Works, Public Health and Environment and Planning Services.
D. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
E. Outdoor storage shall be screened from public rights-of-way, and adjacent
properties.
F. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County Code,
shall be recognized at all times.
G. Proper building permits shall be obtained prior to any construction or excavation.
H. No on street parking shall be allowed.
In the event that five (5) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a storm water discharge permit
from the Water Quality Control Division of the Colorado Department of Public Health
and the Environment.
4. Prior to the release of building permits:
A. Proper building permits shall be obtained prior to any construction or excavation.
r
S-611 -Schultz Minor Subdivision page 6
DEPARTMENT OF PLANNING SERVICES
re if( Q PHONE (970)353-6100, EXT.3540
FAX (970) 304-6498
15, 5C LO1 A AVENUE
80631
GREELEY, COLORADO 80631
COLORADO
December 10, 2001
Landmark Engineering
c/o Tiffane Moore
3521 W. Eisenhower Blvd.
Loveland, CO 80537
Subject: S-611- Request for approval of a Minor Subdivision Final Plan on a parcel of land described
as Lot A of RE-2668; being part of the SW4 of Section 7, T4N, R68W 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. I have scheduled a meeting with the Weld County Planning Commission for Tuesday,
January 15, 2002, at 1:30 p.m. This meeting will take place in Room 210, of the Weld County Department
of Planning, 1555 N. 17th Avenue, Greeley, Colorado. In addition, I have scheduled a meeting with the
Weld County Utilities Advisory Committee for Thursday, December 13, 2001, at 10:00 a.m. This meeting
will take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley,
Colorado.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration 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 Berthoud and Johnstown Planning Commission for their review and comments.
Please call Berthoud at (970)532-3754 and Johnstown at (970)587-4664, for information regarding the
date, time and place of the meeting and the review process. It is recommended that you and/or a
representative be in attendance at each of the meetings described above in order to answer any questions
that might arise with respect to your application.
A representative from the Department of Planning Services will be out to the property 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 under consideration 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 post a second sign
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. 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.
Since ly,
i
G
Kim e
Planner
*11,6
44: 1 MEMORANDUM
WimeTO The Weld County Planning Commission
COLORADO DATE: December 10, 2001
FROM: Kim Ogle, Planner Ill Y
SUBJECT: S-611; Final Plat for a 5-lot Minor Subdivision
Applicant: Harlen Schultz
Applicants Representative: Tiffane Moore, Landmark Engineering
3521 West Eisenhower Blvd.
Longmont CO 80537
The Department of Planning Services requests a continuance until January 15, 2002 as legal
notification was not completed for this case. The applicant's representative, Tiffane Moore of
Landmark Engineering is aware of this condition.
•
•
nom..
90 tei. /0Z/6/0/
K,.�Gs�i�'✓���' �'Z4JXt k
11iut° ��II ! II
t ,�
!tit I I I $ a ft
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
wilge
Fax: (970) 304-6498
COLORADO
October 25, 2001
Landmark Engineering
c/o Tiffane Moore
3521 West Eisenhower Blvd.
Loveland CO 80537
Subject: S-611 - Request for a Minor Subdivision Final Plan on a parcel of land described as Lot A of
RE-2668, being part of the SW4 of Section 7, T4N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Applicant:
Your application and related materials for the request described are being processed at the present time.
Our department will be processing the Final Plan in accordance with Chapter 24, Article III of the Weld
County Code. You will be notified by this office at the end of the review period regarding the Sketch Plan.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration 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 Berthoud and Johnstown Planning Commission for their review and comments.
Please call Berthoud at (970) 532-3754 and Johnstown at (970) 587-4664, for information regarding the
date, time and place of the meeting and the review process.
If you have any questions concerning this matter, please feel free to call or visit.
Sincerely,
Kim 0
Planner
r
EXHIBIT
WI'jge FAX TRANSMISSION
COLORADO
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
FAx: 970-304-6498
PHONE: 970-353-6100, Err. 3540
To: Tiffane Moore Date: October 25, 2001
Landmark Engineering
3521 West Eisenhower Blvd.
Loveland CO 80537
Fax: 970 667 6298 Pages: 2, including cover
Phone: 970 667 6286
From: Kim Ogle
Planner IIIW
kogle@co.weld.co.us
Subject: Schultz Minor Subdivision, case number S-611
COMMENTS:
Thank you for drawing to our attention a discrepancy in the cover letter attached to the above referenced
application presently under review in this office.
An informal meeting with the Utility Board is scheduled for Thursday December 13 at 10:00 am in our
office. This meeting is with the utility board members, Departments of Public Works and Planning. You
are encouraged to attend.
If you need any further information, please feel free to contact me at the above telephone number or e-
mail address.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged
confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent
r"-• responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this
communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and retum the
original message to us at the above address via the U.S.Postal Service. Thank you.
FIELD CHECK inspection date: December 6, 2001
CASE NUMBER: S-611, Final Plan - Schultz Minor Subdivision
APPLICANT: Harlan Schultz
LEGAL DESCRIPTION: Pt. W2 SW4 Section 7, Township 4 North, Range 68 West of the
6th PM, Weld County, CO
LOCATION: East of and adjacent to WCR 1; 1/4 mile North of WCR 46
Zoning Land Use
N A (Agricultural) N Modular home with fenced outbuildings
E A (Agricultural) E Row Crops
S A (Agricultural) S Farmstead 1940s with outbuildings and crops
W A (Agricultural) W Corn
COMMENTS:
• WCR 46 is an all weather two lane road
• Open non tiled irrigation ditch immediately adjacent to WCR 1 - R/W 20' +/-
• Willows and herbaceous in ditch r-o-w have been removed for realignment of ditch
• WCR 1 (Larimer 904), is an all weather two lane road, slick, muddy and messy
• Very much rural residential / agricultural lands with no built-up areas
• 1.5 miles north of Berthoud town limits
Water is in WCR 46, Power is adjacent to WCR 1 right-of-way
land is vacant, possibly in hay
land slopes northeast to south
Kim Ogly"P�r III
l✓
EXHIBIT
Hello