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Home My WebLink About20020108.tiff Lauren Light- InvZ566.wpd Page 1 INVENTORY OF ITEMS FOR CONSIDERATION APPLICANT: Guy Jensen/Blue Sky Estates CASE#: Z-566 Subm/led or Prepared Prot o At Hearing Hearino 1 Planning Commission Resolution 2 Department of Planning Services'Staff Review X 3 Department of Planning Services' Field Check X 4 Legal Notice X 5 Evidence of Posting X 6 Letters to Mineral Owners from Applicant X 7 Letter to Applicant X 8 Application X 9 Rezoning Plat, submitted by applicant X 10 Referral List, Referrals without Comments X 11 School District RE-8, referral received 11-19-01. X 12 Weld County Assessor, referral received 11-07-01. X 13 Platte Valley Soil Conservation District, referral received X 11-15.01. 14 Weld County Department of Public Health and Environment, X referral received 12-03.01. 15 City of Fort Lupton, referral received 12-05-01. X 16 Deed X 17 Surrounding Property/Mineral Owners X 18 Letter from Molly Summerville, representing RME Land Corp. X mineral interest owners,dated 07/27/01 19 Letter from Kirk Goble responding to Molly Summerville dated X 07/30/01 20 Letters from Molly Summerville, representing RME Land Corp. X mineral interest owners,dated 7/27/01 21 Soil Survey X 22 kp kaufman X Item(s)submitted at Planning Commission: I hereby certify that the 21. items identified herein (Inventory of Items for Consideration-Case # Z-566) were submitted at or prior to the scheduled Planning Commission Hearing. I furl r certify that eag i ms were subsequently forwarded to the Weld County Clerk to the Board's Office. Lauren Light 4 Planner (J.IEX�IIBIT fia- C.-OZ t\[Sl 2002-0108 I e-, CHANGE OF ZONE 'ilk ADMINISTRATIVE RECOMMENDATION COLORADO CASE #: Z-566 HEARING DATE : December 18, 2001 PLANNER: L. Light APPLICANT: Guy Jensen/ Blue Sky Estates REQUEST: A Minor Subdivision Change of Zone from the A(Agricultural)to E (Estate)Zone for Four Lots. LEGAL: Lot B of Recorded Exemption 2303 being a part of the E2 of Section 35,Township 2 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 23; north of and adjacent to WCR 14 IA PARCEL#: 1311 35 000086 ACRES: 20 +/- THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance 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"Prime" by the USDA"Farmlands of National Importance Map" dated 1979 and lies within the A (Agricultural) Zone District. Although this parcel is classified as "Prime", 20 acres is not considered of sufficient size to farm economically. 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 the recorded plat. Guy Jense EXHIBIT 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 any new residents to the area that the surrounding community is agriculture in nature. The Department of Planning Services' believes that the granting of 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." The applicant has purchased and installed four water taps from the Central Weld County Water District. The Fort Lupton Fire Protection District will provide fire protection. In a letter dated March 20, 2001 the Fire Marshal indicated the existing fire hydrant cannot be upgraded until a larger water main is installed. Although the Fire Marshal recommended the developer upgrade the hydrant he stipulated that is not a fire code requirement. 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 sewer service. Sewer will be provided by individual sewage disposal systems and the overall density meets the current Department policy. Each lot for the proposed minor subdivision shall have an Individual Sewage Disposal System (ISDS) installed per the Weld County Department of Public Health and Environment requirements and specifications. The septic systems shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. 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 23 is designated as a collector in the Weld County Comprehensive Transportation Plan and requires a minimum 80-foot right-of- way. The rezoning plat submitted includes dedication of an additional 10 feet which adequately addresses right-of-way needs. Guy Jensen(Z-566),page 2 The applicant has requested the existing access to Lot 1 remain in use as long as the parcel continues in agricultural production. This is acceptable but the existing access to Lot 1 should be closed and a new internal access constructed when any new building permits are issued on Lots 2, 3, or 4. At the time of final plat submittal a development standard will be required which will stipulate the relocation of access to Lot 1. Roads within minor subdivisions do not require paving. The minimum gravel roadway width is 26 feet. The width shown on the rezoning plat on the cross section is 20 feet. Prior to recording the rezoning plat, the roadway width dimension must be increased to 26 feet. Prior to recording of the final plat, roadway construction plans must be submitted to and approved by the Public Works Department. Stop signs and road name signs will be required. Landscaping in the intersection sight distance triangles must be less than 3.5 feet high at maturity. E. 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:" a. The proposed change of zone does not lie within any overlay district identified by the maps officially adopted by Weld County. b. The applicant has indicated they are corresponding 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. c. Soils onsite are designated as containing moderate to severe limitations for septic system installation. However, the proposed lot sizes are of sufficient size for a primary and secondary absorption field. The soils report indicates the soils located onsite have a good potential for urban and recreational development. Due to the high groundwater located onsite conventional basements may be an issue unless engineered fill pads are constructed which would elevate each home site. A note on the Change of Zone plat will notify potential purchasers of the possibility that a high water table may be encountered. 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. Guy Jensen(Z-566),page 3 n The Change of Zone from A (Agricultural) to E (Estate) Zone uses for Four Residential Lots is conditional upon the following: 1. Prior to scheduling the Board of County Commissioner's Hearing: A. The applicant shall submit to the Weld County Department of Planning Services a signed copy of an agreement with 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 Slate 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 map shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Board of County Commissioners. 3. Prior to recording the Change of Zone Plat: A. The Change of Zone plat shall be amended to delineate the following: 1) The width of the internal roadway shall be increased to 26 feet. (Department of Public Works) 2) All future signs including entrance signs, street signs and stop signs 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. The applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are.dwg, .dxf, .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 (Group 6 is not acceptable). (Department of Planning Services) 4. 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: 1) The Change of Zone allows for Estate uses and shall comply with the Estate Zone District requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision shall consist of four(4) residential lots. (Department of Planning Services) /'` 2) Water service shall be provided by Central Weld County Water District. (Department of Public Health and Environment) Guy Jensen(Z-566),page 4 3) A Weld County Septic Permit is required for each proposed home 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 high groundwater, poor soils, and shallow bedrock. (Department of Public Health and Environment) 4) 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) 5) 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) 6) 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) 7) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) 8) Weld County's Right to Farm, as stated in Chapter 22 of the Weld County Code shall be recognized at all times. (Department of Planning Services) 9) Appropriate Building Permits shall be obtained prior to any construction or excavation. (Department of Planning Services) 10) 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) 11) There is a possibility that a high water table may be encountered during construction activities. (Department of Planning Services) 5. At the time of Final Plat submittal: A. The applicant shall provide written evidence from Weld County School District RE-8 illustrating an agreement between the applicant and the school district has been met, including the location of a bus stop if required. (Department of Planning Services) B. The applicant shall enter into an Improvement Agreement regarding collateral for all improvements to the Minor Subdivision. (Department of Planning Services) Guy Jensen(Z-566),page 5 C. The eighty(80)foot right-of-way for Weld County Road 23 as well as the right-of- way for the internal roadway shall be dedicated to the County. (Department of Planning Services) D. Requirements for the relocation of the access to Lot 1 shall be included in the development standards. (Department of Public Works) E. Roadway and drainage construction plans shall be submitted to and approved by the Public Works Department prior to recording the final plat. (Department of Public Works) F. The applicant shall submit approval of preliminary addresses from the Postal Service, Fire District and Sheriffs Department. (Department of Planning Services) Guy Jensen (Z-566),page 6 n n (it DEPARTMENT OF PLANNING SERVICES liDtPHONE (970) 35 3-6100, EXT.3540 FAX X (97(970) 304-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 October 31, 2001 Kirk Goble The Bell 5 Land Company 1928 9th Street Greeley CO 80631 Subject Z-566- Request for a Change of Zone from A(Agricultural)to E(Estate)on a parcel of land described as Lot B of RE-2303; Pt. of the E2 of Section 35,T2N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for December 18,2001,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 Fort Lupton and Frederick Planning Commission for their review and comments. Please call Fort Lupton at(970)346-0326 and Frederick at(303)833-2388 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 Fort Lupton and Frederick 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. Res ectfully, - ca-R411 3;4 Lauren Light I—N Planner EXHIBIT NAME _ 0 it - r mean.- tsars)tar. mr APUSLIC HEARING COT 5" PROPERTY TILL BE Nuevo NOOK 176 NE,OREELEY,COMBO 1S: IOR YORE *FORMA NINOLL Ut c COUNTY OM CF*NS $IYICEL AT tL, m .r ) 7)ol r FIELD CHECK Inspection date: December 7, 2001 CASE NUMBER: Z-566 APPLICANT: Guy Jensen LEGAL Lot B of RE-2303; Pt. of the E2 of Section 35, Township 2 North, Range 67 DESCRIPTION: West of the 6th PM, Weld County, CO LOCATION: West of and adjacent to WCR 23; North of and adjacent to WCR 14 1/2 Zoning Land Use N A (Agricultural) N Rural Residences E A (Agricultural) E Rural Residences/crop S A (Agricultural) S Rural Residences W A (Agricultural) W Rural Residences COMMENTS: WCR 23 is paved and WCR 14 1/2 is gravel adjacent to this subdivision. There are numerous homes in the area and several cattle operations are located to the south adjacent to WCR 23. Lauren Light, Planner EXHIBIT 1 .? Hello