HomeMy WebLinkAbout20020286 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution along with the addition of Condition of Approval
#1 H, be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: S-611
PLANNER: Kim Ogle
APPLICANT: Harlen Schultz
LEGAL DESCRIPTION: Lot A of RE-2668; being part of the SW4 of Section 7, T4N,
R68W
REQUEST: Minor Subdivision Final Plan
LOCATION: North of WCR 46 and east of and adjacent to WCR 1. For a
more precise location, see legal.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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. ETBIT
2002-0286 s
Resolution S-611
Harlen Schultz
Page 2
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
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.
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.
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
Resolution S-611
Harlen Schultz
Page 3
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.
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 Planning Commissions' 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 held December 13, 2001.
H. The Declaration of Covenants Conditions and Restrictions shall include the Right to
Farm Statement. These covenants shall be submitted to the Weld County Attorneys
Office for approval.
Resolution S-611
Harlen Schultz
Page 4
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).
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.
I. 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.
Resolution S-611
Harlen Schultz
Page 5
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Stephan Mokray
John Folsom
Bruce Fitzgerald
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify
that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of
Weld County, Colorado, adopted on January 15, 2002.
Dated the 15th of January, 2002.
Lr i�F1 MaCYLaj.
Voneen Macklin
Secretary
Bryant Gimlin stated his concerns with the final use of the property once gravel mining is complete. Mr. Miller
stated that Lafarge must go through the PUD process if a change of use is desired. Ms. Clamp stated that
since USR-1199 already has approval,exempting it would serve no purpose. Ms. Lockman,stated that they
are in a low impact area and there is no guarantee the applicant would be approved in a PUD processor a
Change of Zone would be granted. Mr. Gimlin stated that he does not feel comfortable placing a condition
contingent upon another case. Mr. Miller stated that it would be to the benefit of the applicant as well as staff
to address the issue now. Ms. Nicklas stated that it would be beneficial to put a time line on Development
Standard#22 and it would alleviate the issues concerning the plant and what process it will be required to do
once mining is complete. Ms. Lockman stated that tracking the project would be difficult once mining is
complete if the applicant does not come in for another application to amend out the property. Ms. Lockman
suggested putting a condition utilizing a time frame on this property only.
Mr. Hart asked for clarification with regard to the time frame. Mr. Miller gave the example that after 10 years
if the applicant wanted to continue using the batch plant then they would have to come in for a PUD process.
Mr. Hart would rather see the language reflect 15 years. Mr. Morrison stated that another option would be to
set that time line and make the burden of proof be on the applicant to prove that mining operations were still
being done.
Stephen Mokray moved to amend Condition of Approval #24 to include the language "the operation hours
shall be from 5:00 am to 7:00pm except in the case of public or private emergency". Cathy Clamp seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes; Cathy Clamp,yes;Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried
Cristie Nicklas moved to change Condition of Approval#22 to state"USR 1360 will be considered invalid 15
years from the date of the Board of County Commissioners resolution. Should the owners of the Batch Plant
wish to continue operating, they must be approved for a PUD". Bryant Gimlin seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, no; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, no; Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried
Cathy Clamp and Stephan Mokray believe that 15 years is to long.
Cristie Nicklas moved that Case USR-1360 , be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, no; Michael Miller,yes; Bryant Gimlin, yes; Cathy Clamp, no; Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried
CASE NUMBER: S-611
PLANNER: Kim Ogle
APPLICANT: Harlen Schultz
LEGAL DESCRIPTION: Lot A of RE-2668;being part of the SW4 of Section 7, T4N, R68W
REQUEST: Minor Subdivision Final Plan
LOCATION: North of WCR 46 and east of and adjacent to WCR 1. For a more
precise location, see legal.
Kim Ogle, Department of Planning Services presented Case S-611, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards. Mr. Ogle added that there -
are two amendments to staff comments. These changes are located on Prior to Recording the Minor
Subdivision Plat addition of item G to state "the applicant shall amend the Minor Subdivision Final Plat to t
reflect the conditions and comments from the Utility Board Review December 13, 2001" m—l
43
John Folsom asked if an agreement has been reached with the school District for cash in Lieu. Mr. Ogle V
'CN'wistrcrosse
♦
responded that there was.
Ken Merritt, Landmark Engineering, provided clarification with regard to the school district referral. There is
an agreement in place and those fees have been paid. The applicant has also reserved 20 feet of right-of-way
for Weld County Road 1 as well as a 45 foot easement for the relocation of the McIntyre Ditch. The applicant
has spoken with Weld County Health Department for the platting of the envelopes for the septic fields. The
location will be agreed to and delineated on the plat prior to the Board of County Commissioners hearing.
Cristie Nicklas asked Mr. Ogle about the height limits of the homes. Mr. Ogle stated that the requirement for
the Estate Zoning is not as restrictive as a R-1 zone district. Mr. Merritt stated that they could amend the
covenants to include the language with regard to height established in the Estate Zone District.
Cathy Clamp asked about the Right to Farm Statement and it being shown on the plat. The concern is that
homeowners do not read the plats. Ms. Clamp asked if is was possible to put the Right to Farm Statement
in the covenants or make reference to it on the plat. Mr. Merritt stated that it can be placed in the covenants.
Mr. Miller asked Mr. Morrison,Assistant County Attorney, if Planning Commission can require things placed
in covenants. Mr. Morrison stated that the Right to Farm Statement is something that can be required to be
placed in the covenants.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr.Morrison stated that there are regulations that require the covenants be submitted for review. The County
is not reviewing the covenants on behalf of the private parties,they are reviewing it to see if there is something
that creates and issue with respect to the counties interest. The motion should include the language for
submitting prior to recording as well as the Right to Farm Statement.
Cathy Clamp moved to add Condition of Approval#1 H to Prior to Recording The Minor Subdivision Final Plat:
to state "The Declaration of Covenants Conditions and Restrictions shall include the Right to Farm Statement.
These covenants shall be submitted to the Weld County Attorneys Office for approval." Cristie Nicklas
seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Cristie Nicklas moved that Case S-611, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes; Cathy Clamp,yes;Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: USR-1364
PLANNER: Lauren Light
APPLICANT: Gina Rhoads
ADDRESS: 5264 Weld County Road 16 3/4
Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for
an Airstrip(Helicopter Landing Facility)in the A(Agricultural)Zone
District
LEGAL DESCRIPTION: Block 26, Dream Acres, Pt. of the NW4 of Section 25, Township
2 North, Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 11, south of and
adjacent to Weld County Road 16 3/4
Lauren Light, Department of Planning Services presented Case USR-1364, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked Mr. Morrison about the IGA and the need to petition the Town of Frederick for
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