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HomeMy WebLinkAbout20050068 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Francisco Granados Case Number MZ-1056 Submitted or Prepared Prior to At Hearing Hearing e 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form 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 Town of Kersey, referral received 10/7/04 X 4 Referrals with comments X Weld County Sheriffs Office, referral received 10/18/04 X Weld County Department of Public Health & Environment, referral received X 10/22/04 Weld County School District RE-7, referral received 10/7/04 X Weld County Code Compliance, referral received 9/24/04 X Weld County Department of Public Works, referral received 10/20/04 X West Greeley Soil Conservation District, referral received 9/29/04 X State of Colorado, Division of Water Resources, referrals received 10/4/04 X Weld County Building Inspection, referral received 10/11/04 X 2005-0068 Weld County Department of Planning Services, addressing, referral X received 11/17/04 Colorado Department of Transportation, referral received 10/29/04 X Colorado Geological Survey, referral received 11/1/04 X 5 Surrounding Propel ly Owners- Letters —6—P C—E-)e II its X 7 Planning irnmissicn Rooelatie I hereby certify that the BBBB items identified herein were submitted to the Department of Planning Services at or prior to the ch l d Planni Co issioners hearing. Michelle Martin Co Planner a CHANGE OF ZONE I I C RECOMMENDATION COLORADO CASE#: MZ-1056 HEARING DATE : December 7, 2004 PLANNER: Michelle Martin APPLICANT: Francisco Granados REQUEST: A Minor Subdivision Change of Zone from the A (Agricultural) Zone District to E (Estate) Zone District for four(4) residential lots (Pheasant Meadow). LEGAL: Lot B of RE-2916; being part of the W2 NW4 Section 3, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 60.5 and East of and adjacent to State Highway 37 PARCEL#: 0963 03 000007 ACRES: 60 +/- POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Sheriff's Office, referral received 10/18/04 • Weld County Department of Public Health & Environment, referral received 10/22/04 • Weld County School District RE-7, referral received 10/7/04 • Weld County Code Compliance, referral received 9/24/04 • Weld County Department of Public Works, referral received 10/20/04 • West Greeley Soil Conservation District, referral received 9/29/04 • State of Colorado, Division of Water Resources, referrals received 10/4/04 • Weld County Building Inspection, referral received 10/11/04 • Weld County Department of Planning Services, addressing, referral received 11/17/04 • Town of Kersey, referral received 10/7/04 • Colorado Department of Transportation, referral received 10/29/04 • Colorado Geological Survey, referral received 11/1/04 The Department of Planning Services' staff has not received responses from the following agencies: • Division of Wildlife • Oil and Gas Conservation Commission • Platte Valley Fire Protection District • Briscoe Irrigation Company EXHIBIT 1 Granados(MZ-1056),page 1 ft 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. 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. 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 it is not located adjacent to existing incorporated municipalities,subdivision or unincorporated townsites. 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 or Intergovermental Agreement area for any municipality. The subject property lies within the three-mile referral area of the Town of Kersey. The Town of Kersey in their referral dated 10/7/04 found the proposed development to have no conflicts with their interests. The Department of Planning Services has not received any correspondence from surrounding property owners. 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. 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 a Water Service Agreement with North Weld County Water District. The agreement has been 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. Sewer will be provided by Individual Sewage Disposal Systems (ISDS) and the overall density meets the current Department policy. Each lot for the proposed minor subdivision shall have an ISDS installed per the Weld County Department of Public Health and Environment requirements and specifications. 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." County Roads 55 and 60.5 are classified by the County as local gravel roads and require a minimum 60-foot right-of-way.The right-of-way shall be verified and shown on the final plat. If the right-of-way cannot be documented,it shall be dedicated on the final plat.This development will introduce additional vehicle trips per day to the roadway system. Therefore the applicant will be required to enter into an agreement with the County to proportionately share the cost of improving (paving) County Road 60.5. The cost will be based on a proportion of the traffic generated by the development to the existing traffic. 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 Granados(MZ-1056),page 2 C0/4-6P0 - izitic) 71 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) Shallow groundwater on site may cause limitations for septic system installation. The Weld County Department of Public Health and Environment has required that each septic system be engineered and designed for site-specific conditions, including, but not limited to shallow groundwater. This recommendation is based,in part,upon a review of the application materials submitted by the applicant, pther relevant information regarding the request, and responses from referral entities. The Change of Zone from the A (Agricultural) Zone District to E (Estate) Zone District for Four (4) Residential Lots is conditional upon the following: 1. Prior to recording the Change of Zone Plat: A. The Change of Zone plat shall be amended to delineate the following: 1) All pages of the plat shall be labeled MZ-1056. (Department of Planning Services) 2) All entrance , street s t eams Ad el on signs the plat andincluding shall be located on an outlotsigns thatand is maintainedshall by the Homeowners Association (HOA). (Department of Planning Services) 3) All lots need to show the net acreage. (Department of Planning Services) 4) The agricultural access off of State Highway 37 shall be removed from the plat. The applicant shall submit evidence to the Department of Planning Services that the road has been closed. (Department of Planning Services) f 5) The Weld County School District RE-7 has stated in their referral that the school bus will not be entering the subdivision, therefore the"proposed school bus stop area" in the cul-de-sacs shall be removed. The school bus pull off area shall be located on an outlot that is maintained by the Homeowners Association(HOA).(Department of Planning Services) 6) The applicant shall clearly identify the school bus pull off area and label that area school bus stop. (Department of Planning Services) 7) The plat shall be amended to address the requirements (concerns) of the Weld County school district RE-7, as stated in the referral response dated 9/30/04. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County School District RE-7) 8) County Roads 55 and 60.5 are designated by the County as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Roads 55 and 60.5 shall be delineated right-of-way on the plat. County road 55 is not maintained by Weld County. County road 60.5 is maintained by Weld County. (Department of Public Works) 9) State Highway 37 requires 150 feet right-of-way at full build out. A total of 75 feet from the centerline of State Highway 37 shall be delineated right-of-way on the plat. Granados(MZ-1056),page 3 (Colorado Department of Transportation) 10) The internal roads shall address all issues indicated in the Weld County Department of Public Works referral dated October 21, 2004. (Department of Public Works) 11) The applicant shall address the concerns of the Weld County Sheriffs Department as stated in a memo dated October 15, 2004 and incorporate remedies for these concerns. Written evidence of a solution shall be provided to the Department of Planning Services. (Sheriffs Office) 12) The plat shall be amended to show all landscaping within the site distance triangles must be less than 31/2 feet in height at maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be outside the sight distance triangles. (Department of Public Works) 13) The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) B. 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) 2. The Change of Zone is conditional upon the following and each shall be placed on the Change of Zone plat as notes: A. 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) B. Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) C. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement,or modification of the system. (Department of Public Health and Environment) D. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) E. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) F. 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 that are technologically feasible and economically reasonable in order to Granados(MZ-1056),page 4 minimize dust emissions. (Department of Public Health and Environment) G. 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) H. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat shall be recognized at all times. (Department of Public Health and Environment) There are Confined Animal Feeding Operations in close proximity to this development. Residents should be aware that there may be flies and odors associated with these activities. (Department of Public Health and Environment) K. The site shall maintain compliance at all times with the requirements of Weld County Personnel. (Department of Planning Services) L. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) M. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) .-� N. 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 and maintenance of open space, streets, private utilities and other facilities along with the enforcement of covenants. (Department of Planning Services) O. Appropriate Building Permits shall be obtained prior to any construction or excavation. (Department of Planning Services) P. 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) Q. Building permits shall be obtained prior to the construction of any building. Building permits are required for the principle dwelling and for buildings accessory to the principle dwelling. (Building Inspection) R. A plan review is required for each building. Two complete sets of plans are required when applying for each permit. Each building may be required to be designed by a Colorado registered engineer. (Building Inspection) S. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Building Code; 2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection) T. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Building Inspection) U. Fire resistance of walls and openings,construction requirements, maximum building height Granados(MZ-1056),page 5 and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Building Inspection) V. Construction on or around any ditch which carries water to surrounding properties shall be done so that the delivery of water is not impaired. (Department of Planning Services) W. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) X. Building height shall be measured in accordance with the 2003 International 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 23 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. Offset and setback requirements are measured to the farthest projection from the building. (Building Inspection) 3. At the time of Final Plat: A. Prior to recording the final plat,the applicant shall provide written evidence from Weld County School District RE-7 which indicates that all district requirements have been met. (Department of Planning Services) B. The applicant shall submit an Improvement Agreement regarding collateral for all improvements to the Minor Subdivision for acceptance by the Board of County Commissioners prior to recording the final plat. (Department of Planning Services and Department of Public Works) C. The applicant shall submit covenants for Pheasant Meadow Subdivision. The covenants shall be approved by the Weld County Attorney's Office and County Staff prior to recording the final plat. (Departments of Planning Services) D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of Planning Services) E. The applicant shall enter into an agreement with Weld County to proportionally share the cost of improvements to County Road 60.5. The applicant shall submit a proposed agreement with the final plat application. (Department of Public Works) F. Copies of the preliminary addresses shall be included in the final plan application for review by referral agencies. (Department of Planning Services) G. All landscaping within the site distance triangles must be less than 3% feet in height at maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be outside the sight distance triangles. (Department of Public Works) H. Roadway and grading plans along with details must be approved prior to recording final plat. Indicate stop signs and street names on final roadway plans. (Department of Public Works) A final drainage report and construction plans, conforming to the drainage report, shall be approved prior to recording final plat. (Department of Public Works) J. Easements shall be shown in accordance with County standards and / or Utility Board recommendations on the final plat. (Departments of Planning Services) K. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the State. (Departments of Planning Granados(MZ-1056),page 6 Services) L. The applicant shall submit copies of finalized water and sewer agreements with North Weld County Water District prior to recording the final plan. (Departments of Planning Services) M. Prior to recording the final plat, the applicant shall submit a digital file of all drawings associated with the Final Plan 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) Granados(MZ-1056),page 7 • Ati4 MEMORANDUM WTO: Weld County Planning Commissioners DATE: December 7, 2004 COLORADO FROM: Michelle Martin SUBJECT: MZ-1056 The Department of Planning Services would like to recommend the following changes: Add the following note to the plat under 2.Y "Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act." Reword 1.A.9 to say the following "The applicant shall work with the Colorado Department of Transportation to determine the current right-of-way along State Highway 37 and the area to be reserved for the future expansion of State Highway 37. Written evidence shall be submitted to the Department of Planning Services." MZ1056 - Pheasant Meadows Page 1 of 1 Michelle Martin rte. From: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Thursday, December 02, 2004 8:52 AM To: Michelle Martin Cc: charrison@pickettengineering.com Subject: MZ1056 - Pheasant Meadows Michelle, • I received a fax from Clayton Harrison of Pickett Engineering regarding the above proposal. Clayton reminded me that I had agreed to allow the ROW request in this area to be reservation instead of dedication, because of the concrete ditch. CDOT didn't want to assume responsibility of that ditch at this time, but rather anticipated that our future purchase of the property would include the ditch relocation. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Access Manager CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 12/07/2004 te Lee- DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 ik 918 10`" STREET W� GREELEY, COLORADO 80631 COLORADO September 23, 2004 Francisco Granados do Pickett Engineering 808 8'h Street Greeley, CO 80631 Subject: MZ-1056- Request for A Minor Subdivision Change of Zone from the Agricultural (A) Zone District to Estate (E)Zone District for four(4) residential lots on a parcel of land described as Lot B of RE-2916; being part of the W2NW4 Section 3, T5N, R64W 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 7, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10`" Street, 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 Kersey Planning Commission for their review and comments. Please call 970-353-1681 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 Kersey 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 tfu��'���-c��/� Michelle Martin Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 11/19/04 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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 15 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR MZ-1056 IN THE A (AGRICULTURAL) ZONE DISTRICT. Michelle Martin Name of Perso Postin Sign Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ;1 The foregoing instrument was subscribed and sworn to me this I day of V el ,f , 2004. WITNESS my hand and official seal. � � W ck , %, 1 " � /I:� �. rl, ,i♦�i. , s! o's .tary 'ublic I y ftit , J1........-•.`O� 1 —7 " My Commission Expires: I I)' �'-I'O1 �'�E dF , �rI .0I. \ �� r� _ • \ f , . ^1 I �„ i •• r • / 1 011 1 , ; r ; ',' '.;�1 ` tEllic NOTICE Wu€ A `• i , 1. F A PUBLIC HEARING CONCERNING 1. • %' f / THIS PROPERTY WILL BE HELD AT: ' '. ,il ON -'?'- , 20 .__ AT NAME G n-.t Sc.W i:•..+ CMS. 01 ton Ft... I / REQUEST ,n...t r,Es..t. t... S.. 4et-A+.r ,106 '__ ACRES , --- - -- -- -- - 1 CASE N0 FOR MORE INFORMATION CALL WELD COUNTY DEPARTMENT OF • PLANNING SERVICES AT •-i (970 )353 -6100 ext. 3540 i. • " 1.a r - - - • - I ...m1• - I Looking North Looking Northeast Looking East • 1 S. . . , I • , I , • - . . . . . , y =rte , : .y y t, tie . • w y k . 1 , ♦ is .•7- '' •1 . 1 t . . . • i1 i, p. ;,. ,4 • err 1- , i 'e ce- 4. M �• Looking South -- � Looking West Looking North From CR 55 and CR 60.5 FIELD CHECK inspection date:11/18/04 APPLICANT: Francisco Granados CASE #: MZ-1056 REQUEST: A Minor Subdivision Change of Zone from the A (Agricultural) to E (Estate) Zone for four (4) residential lots. LEGAL: Lot B of RE-2916; being part of the W2 NW4 Section3, T5N, R64W of the 6T" P.M., Weld County, Colorado Zoning Land Use N A (Agricultural) N Agricultural / Residence E A (Agricultural) E Agricultural / Residence S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural / Residence COMMENTS: There is an Ag access off of State Hwy 37 No access off of CR 60.5 There is one metal building towards the middle of the site Oil and gas on site Feed lot 1/2 mile east of the site for 4000 cattle /(7716..,_7( Michelle Martin , Planner Hello