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Home My WebLink About20051100.tiff � t�' o LAND USE APPLICATION Wi`Pc. SUMMARY SHEET COLORADO Case Number: RS-1086 Hearing Date: April 6, 2005 Applicants: Darrell & Nelva Bearson Planner: J. Hatch Request: A Resubdivision for the Vacation of Lots. The Resubdivision will vacate Lot 8 from Lupton Meadows Land Company Subdivision. Legal Description:Lot 8 of the Lupton Meadows Land Company Subdivision Division 3 replat Lots 1-8; part of Section 19, T2N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 18; and approximately 1/2 mile east of County Road 25. Parcel #: 1309 19 303008 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Resubdivision is listed in Section 24-5-10 of the Weld County Code. The Department of Planning Services' Staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral received March 10, 2005 • Weld County Department of Public Works, referrals received March 1, 2005 • Fort Lupton Fire Protection District, referral received February 14, 2005 • Platte Valley Soil Conservation District, referral received February 16, 2005 • Weld County Zoning Compliance, referral received February 11, 2005 • City of Fort Lupton, referral received February 24, 2005 • Corps of Engineers, referral received February 15, 2005 and March 3, 2005 The Department of Planning Services' Staff has not received responses from the following agencies: • Meadow Island Ditch Company Bearson RS-1086 Page 1 2005-1100 i �� RESUBDIVISION FOR REDESIGN, ADDITION OR VACATION WIDcADMINISTRATIVE REVIEW COLORADO Case Number: RS-1086 Hearing Date: April 6, 2005 Applicants: Darrell & Nelva Bearson Planner: J. Hatch Request: A Resubdivision for the Vacation of Lots. The Resubdivision will vacate Lot 8 from Lupton Meadows Land Company Subdivision. Legal Description:Lot 8 of the Lupton Meadows Land Company Subdivision Division 3 replat Lots 1-8; part of Section 19, T2N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 18; and approximately Y2 mile east of County Road 25. Parcel #: 1309 19 303008 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 24-5-40.6 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 24-5-40.C.2 of the Weld County Code, as follows: A. Section 24-4-40E.6.a. -- That the proposed subdivision is located within an urban growth boundary area as defined and adopted in any approved intergovernmental agreement, or as defined in Chapter 22 of this Code. Lupton Meadows Subdivision consists of 55 lots which designates it as an urban scale subdivision that is not located with an urban growth boundary area or in approved intergovernmental agreement area. B. Section 24-4-40E.6.b. -- Compliance with Chapter 24 and 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. Agricultural Zoning for an urban scale subdivision does not comply. USR-1215 for a gravel mining operation is located in the northern portion of the lot. The proposed resubdivision will allow the applicant to divide the property through the Recorded Exemption process. The City of Fort Lupton stated the proposal does not conflict with their interests. C. Section 24-4-40E.6.c. — That comments received from referral agencies have been addressed, if applicable. r"* Referral comments, including those regarding access, easements, and noxious weeds, have been incorporated into the Conditions of Approval. Bearson RS-1086 Page 2 D. Section 24-4-40E.6.d. — That definite provision has been made for a water supply that is sufficient in terms of quantity, dependability and quality to provide water for the subdivision, including fire protection. The existing residence on this site is serviced by well permit number 185928. All of the 55 lots within the Lupton Meadows subdivision are serviced by wells which do not meet the requirements of an urban scale subdivision. E. Section 24-4-40E.6.e. — 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 subdivision. The existing residence on this site is serviced by an individual septic disposal system. All of the 55 lots within the Lupton Meadows subdivision are serviced by individual septic disposal systems which does not meet the requirements of an urban scale subdivision. F. Section 24-4-40E.6.f. — That streets within the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision. Currently the existing residence is accessing directly off of County Road 18. The Departments of Public Works and Planning Services during the Recorded Exemption process will clarify the access to both lots. Currently access to the gravel mining operation is from County Road 25. All of the 55 lots within the Lupton Meadows subdivision utilize individual accesses to County Roads. An urban scale development requires that all lots access off an internal road system. G. Section 24-4-40E.6.g. — That off-site street or highway facilities providing access to the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision in accordance with the requirements set forth in Article VII of this Chapter. No concerns regarding off-site street or highway facilities have been raised. H. Section 24-4-40E.6.h. — That facilities providing drainage and storm water management are adequate. No concerns regarding drainage and storm water management have been raised. Section 24-4-40E.6.i. — That the subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, hospital, solid waste disposal and other services. The proposal will not increase the impact on service providers. J. Section 24-4-40E.6.j. — That the subdivision will not cause air pollution violations based on Colorado Department of Health standards. The proposal will not increase the existing impact on air pollution. K. Section 24-4-40E.6.k. — The subdivision conforms to the subdivision design standards of Article VII. Staff supports the vacation The subdivision doesn't meet the design standards. L. Section 24-4-40E.6.l. — The subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land and historical sites. This criteria is not applicable since there are no proposed changes to the land. Bearson RS-1086 Page 3 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 Resubdivision Plat: A. All plats shall be labeled RS-1086, Resubdivision of Lupton Meadows Land Company Subdivision. B. The plat shall indicate any existing tank battery or wellhead and the required setback as indicated in Section 23-3-50.E of the Weld County Code. C. The Platte Valley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. D. The applicant shall attempt to address the requirements (concerns) of Corps of Engineers, as stated in the referral response dated February 15'2005 and March 3, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. E. The following notes shall be placed on the plat prior to recording: 1) Upon completion of this Resubdivision, Lot 8 of Division 3 as shown on the replat of Lots 1-8 will be vacated from Lupton Meadows Land Company Subdivision. 2) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. 3) No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. F. The applicant shall submit two paper copies of the plat for preliminary approval to the Weld County Department of Planning Services G. The applicant shall create a digital file of all drawings associated with the Resubdivision 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). A copy shall be submitted to the Weld County Department of Planning Services at the time of Mylar plat submittal. 2. Upon completion of items 1 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 24-4-40.D.6 through D.11 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. r^ Bearson RS-1086 Page 4 • DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EX4.6498 FAX (970) 304-6498 918 10`h STREET 111k. GREELEY, COLORADO 80631 COLORADO February 10, 2005 Darrell & Nelva Bearson do Kirk Goble 1928 9th Street Ste. A Greeley CO 80631 Subject: RS-1086- Request for Resubdivision for redesign, addition or vacation. The resubdivision is for the vacation of one lot from Lupton Meadows Land Company Subdivision; Lot 8 Lupton Meadows Land Company Subdivision Div. 3 repiat lots 1-8; Pt section 19, T2N, R66W 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. This application is scheduled before the Board of County Commissioners on April 6, 2005 at 10:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. 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 Planning Commission for their review and comments. Please call Fort Lupton at 303-857-6694 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 Planning Commission meeting to answer any questions the Commission members may have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. 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. Sincere[y, cq line HaH' tch Plan er BOARD OF COUNTY COMMISSIONERS' SIGN POSTING ,-. CERTIFICATE THE LAST DAY TO POST THE SIGN IS '1A-Lcrt 28/0)— THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY 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 PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST _ ! C-Eid DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR 44/tat, ,2S7 e s" IN THE AGRICULTURAL ZONE DISTRICT. eitic Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD / / The foregoing instrument was subscribed and sworn to me thi U day of ) 7(tt,yI/U / , 2005. WITNESS my hand and official seal. tab( ' ) /7, ?cr,t(J Notary Public 91 My Commission Expires: ( I(� 0 woos NOTICE W;,4 A PUBLIC HEARING CONCERNING THIS PROPERTY WILL RE HELD OE. _ �EMFMi E MAR 45 2005 Hello