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.
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1 CASE N0 FOR MORE INFORMATION CALL
WELD COUNTY DEPARTMENT OF
• PLANNING SERVICES AT •-i
(970 )353 -6100 ext. 3540 i.
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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
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