HomeMy WebLinkAbout20053507.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Gold Stone Center, LLC Case Number MZ-1081
Submitted or Prepared
' Prior to At
Hearing Hearing
Ni 1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
N 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
` Mary Howard, referral received 8/19/2005 X
` 4 Referrals with comments X
Weld County Department of Public Works referral received 8/1/2005 (2 pages) X
Weld County Department of Public Health and Environment referral received X
8/8/2005 (2 pages)
Town of Pierce referral received 7/27/2005 X
` Weld County Department of Building Inspection referral received 7/11/2005 (2
pages)
Weld County Zoning Compliance Officer referral received 7/8/2005 X
Office of State Engineer—Division of Water Resources referral received 8/1/2005 X
(2 pages)
Weld RE-9 School District referral received 7/26/2005(2 pages) X
Weld County Building Tech addressing referral received 7/14/2005 (3 pages) X
Weld County Department of Planning Services landscape referral received X
7/15/2005
•
West Greeley Soil Conservation District referral received 7/15/2005 (3 pages) X
Nunn Fire Protection District referral received 7/28/05 X
5 Surrounding Property Owners/Mineral Owners - Letters
6 PC Exhibits
N. 6A Sign posting affidavit ( nr(G -n,v /j X
NI 6B Letter from Ruby Scheller X
6C Letter from Dr. Sharon Scheller dated October 4, 2005 X
7 RlenrrifityeammtssturrResekltiefi-
EXHIBIT
1 2005-3507
I hereby certify that the 19 items identified herein were submitted to the Depppat//lttment of Plan ing S rvices at or prior to the
scheduled Planning Commissioners hearing. Av_
Chris Gathman + Planner
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE #: MZ-1081 HEARING DATE : October 4, 2005
PLANNER: Chris Gathman
APPLICANT: Gold Stone Center, LLC
REQUEST: A Minor Subdivision Change of Zone from the A (Agricultural) Zone District to E (Estate)
Zone District for nine (9) residential lots (Gold Stone Creek).
LEGAL: W2 NW4 of Section 16, Township 8 North, Range 66 West of the 6th P.M., Weld County,
Colorado
LOCATION: East and adjacent to County Road 29 and 1 3/.mile north of County Road 90.
PARCEL#: 0553 16 200014 ACRES: 74 +/-
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 Department of Public Health & Environment, referral received August 5, 2005
• Weld County Code Compliance, referral received July 8, 2005
• Weld County Department of Public Works, referral received August 1, 2005
• State of Colorado, Division of Water Resources, referral received August 1, 2005
▪ Town of Pierce, referral received July 26, 2005
• Weld County School District RE-9, referral received July 26, 2005
• Weld County Building Inspection, Addressing referral received July 14, 2005
Weld County Building Inspection, referral received July 11, 2005
• Weld County Department of Planning Services, landscaping referral received July 15, 2005
• West Greeley Soil Conservation District, referral received July 15, 2005
The Department of Planning Services' staff has not received responses from the following agencies:
• Division of Wildlife
• Town of Nunn
• Nunn Fire Protection.District
• US Army Corps of Engineers
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
EXHIBIT
MZ-1081 Gold Stone Creek —Huang Page 1
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.1.A.Policy 7.1 states 'Weld County recognizes the Right to Farm". In
order to validate this recognition, Weld County's Right to Farm statement shall 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 town sites.
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
Intergovernmental Agreement area for any municipality. The subject property lies within
the three-mile referral area of the Towns of Nunn and Pierce. The Town of Pierce in their
referral dated July 26, 2005 indicated concerns with access to lots 5 and 6 crossing
Spring Creek and damming Spring Creek, which runs through the Town of Pierce. No
referral response has been received from the Town of Nunn.
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 the North Weld County Water District for
the nine (9) lots. The agreement has been approved by the Weld County Attorney's
Office.
The Weld County Department of Public Health and Environment has reviewed the
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 Health Department
policy with one septic system per 3.9 acres. Portions of Lots 4, 5, 6 and 7 are located
within the 100 year floodplain. The Department of Public Health and Environment is
recommending either the applicant place primary and secondary septic envelopes
outside of the boundary of the 100 year flood plain. 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.) activities
are expressively prohibited in the designated absorption field envelopes.
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
Road 29 is classified as a local gravel road and requires 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. The Department of Public Works
indicated in their referral dated July 29, 2005 that no dust mitigation and no off-site
improvements to County Road 29 will be required.
MZ-1081 Gold Stone Creek —Huang Page 2
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:"
1) The proposed Change of Zone does lies within the 100-year floodplain (Spring
Creek). Building Permits issued on the Lot will be required to adhere to the fee
structure of County Wide Road Impact Program (Ordinance 2002-11)and Capital
Expansion Fee Program (Ordinance 2005-7).
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.
The Change of Zone from the A(Agricultural)Zone District to E (Estate)Zone District for nine (9)
Residential Lots is conditional upon the following:
1. Prior to Scheduling the Board of County Commissioners Hearing:
A. The applicant shall provide information to the Division of Water Resources regarding if
well permit No. 254251 will be used to supply water to any of the lots in the subdivision.
Per the Division of Water Resources referral response dated July 28, 2005, the Division
of Water Resources cannot comment on the potential for injury to existing water rights
until this information is provided. Written evidence from the Division of Water Resources
regarding potential injury to water rights in regards to this subdivision shall be submitted
to the Department of Planning Services. (Division of Water Resources)
2. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1081. (Department of Planning
Services)
2) All proposed lot lines and lots shall be removed from the plat. (Department of
Planning Services)
3) The internal road shall be removed from the plat. (Department of Planning
Services)
4) All non-recorded easements shall be removed from the plat. (Department of
Planning Services)
5) The Weld County's Right to Farm statement, Appendix 22-E shall be placed on
the plat. (Department of Planning Services)
6) General Note #5 on the Change of Zone plat must be reworded to exclude any
inferred or implied language that septic systems can be installed in Flood Zone A
at any time. (Department of Public Health and Environment)
B. The applicant shall attempt to address the requirements (concerns) of the Town of
Pierce, as stated in the referral response dated July 26, 2005. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
MZ-1081 Gold Stone Creek —Huang Page 3
C. The applicant shall address the requirements (concerns) of the Weld County Department
of Public Health and Environment, received August 5, 2005. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
D. The applicant shall submit a subdivision exemption application to the Department of
Planning Services for review and approval for the one acre site to be dedicated to the
North Weld County Water District for the required pumping facilities. (North Weld County
Water District)
E. 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)
3. 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 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 Nine (9)
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 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. 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. (Department of Public Health and Environment)
E. A stormwater discharge permit shall 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)
F. 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)
G. 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)
MZ-1081 Gold Stone Creek —Huang Page 4
H. 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 notice, and apply for a permit from the Colorado Department of Public
Health and Environment (Department of Public Health of Environment)
'Weld County's Right to Farm" as provided on this plat shall be recognized at all times.
(Department of Public Health and Environment)
J. The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
K. Personnel from 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)
L. 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)
M. 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)
N. 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)
O. 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)
P. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by the Weld County Code. (Building Inspection)
Q. 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)
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
S. 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
MZ-1081 Gold Stone Creek — Huang Page 5
utilities and other facilities along with the enforcement of covenants. (Department of
Planning Services)
T. Appropriate Building Permits shall be obtained prior to any construction, grading or
excavation. (Department of Planning Services)
U. 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)
V. 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)
and Capital Expansion Fee Program (Ordinance 2005-7). (Department of Planning
Services)
3. At the time of Final Plat:
A. The Department of Public Works in a referral dated July 29, 2005 has numerous
requirements regarding the internal road and drainage. The applicant shall address
these concerns/requirements prior to recording the final plat. Any questions pertaining to
roadway improvements or drainage shall be addressed to Peter Schei, Civil Engineer, for
the Weld County Department of Public Works. (Department of Public Works)
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 The Gold Stone Creek minor 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 interior road shall be extended so that the cul-de-sac borders and provides direct
access for Lots 5 and 6 of the subdivision. A fire turn-around shall be provided.
(Department of Planning Services)
F. Primary and secondary septic envelopes shall be placed on each lot (secondary only on
Lot 2). All septic system envelopes must meet all setbacks, including the 100 foot
setback to any well. (Department of Public Health and Environment)
G. Septic envelopes shall be designated for Lots 4, 5, 6 and 7 outside of the boundaries of
the 100-year floodplain. (Department of Public Health)
H. Language for the preservation and/or protection of the absorption field envelopes shall be
placed in the development covenants. The covenants shall state that activities such as
permanent landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site. (Department of Public Health and Environment)
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)
MZ-1081 Gold Stone Creek —Huang Page 6
J. 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)
K. A final drainage report and construction plans, conforming to the drainage report, shall be
approved prior to recording final plat. (Department of Public Works)
L. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Planning Services)
M. The following note shall be placed on the final plat: "Outlot A is to be dedicated to the
North Weld County Water District as a parcel for a public utility facility (water pumping
facilities). Outlot A shall be non-buildable for all other purposes." (North Weld County
Water District)
N. The applicant shall submit Certificates from the Secretary of State showing the
Homeowners Association has been formed and registered with the State prior to
recording the final plat. (Department of Planning Services)
O. The applicant shall submit copies of finalized water agreements with the North Weld
County Water District prior to recording the final plat. (Department of Planning Services)
P. Prior to recording the final plat, the applicant shall provide written evidence from Weld
School District RE-9 which indicates that all district requirements have been met.
(Department of Planning Services)
Q. The applicant shall submit a flood hazard development permit for review and approval by
the Department of Planning Services for any development within the 100-year floodplain.
Flood hazard development permits shall be submitted for review and approval by the
Department of Public Works beginning in Spring of 2006. (Department of Planning
Services/Public Works)
R. The applicant shall submit the name of the street (other than County Road 92.75) within
the proposed development along with the street addresses for review to the Weld County
Sheriff's Office, Department of Planning Services, Postal Services and Emergency
Responders. Evidence of their approval shall be submitted to the Department of
Planning Services. (Department of Planning Services)
S. The applicant indicate the location of the subdivision identification sign on the final plat.
The subdivision identification sign shall adhere to the size requirements for quasi-public
signs (32 square feet) as stated in Section 23-2-80.A.3 of the Weld County Code on
property owned and maintained by the Homeowner's Association. (Dept. of Planning
Services)
T. The applicant shall provide a deed ready for recording that transfers ownership of all
subsurface mineral interests to the homeowner's association. (Department of Planning
Services)
U. 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)
MZ-1081 Gold Stone Creek —Huang Page 7
DEPARTMENT OF PLANNING SERVICES
3 a NORTH OFFICE
918 10TH Street
PZl GREELEY, CO 80631
• PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
WliD
a SOUTHWEST OFFICE
4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
July 8, 2005
Gold Stone Center, LLC
c/o torn Honn
1601 Quail Hollow Dr.
Fort Collins CO 80525
Subject: MZ-1081- Request for A minor subdivision change of zone from A(Agriculture)to E(Estate)for
nine (9)single family residential lots on a parcel of land described as N2NW4 of Section 16,T8N,
R66W 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 October 4, 2005, 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 Nunn and Pierce Planning
Commission for their review and comments. Please call Nunn at 970-897-2385 and Pierce at 970-834-2851
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 Nunn and Pierce 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.
Respectfully,
hris Gathman
Planner
-- PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS September 24, 2005 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, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR MZ-1081 IN THE A (AGRICULTURAL) ZONE DISTRICT.
Chris Gathman
Name of Person Posting Sign
6v Gte.i,
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this`1 day of Debut , 2005.
WITNESS my hand and official seal.
ti
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1 ;sit dAl�'n,'A�y
Notary Publi '1 Wit• `441 r
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My Commission Expires:
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FIELD CHECK Inspection Date: 9/19/05
CASE NUMBER: MZ-1081
APPLICANT: Gold Stone Center, LLC (Gold Stone Creek)
LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th PM, Weld
County, Colorado
LOCATION: 13/4 mile North of County Road 90 & east of and adjacent to County Road
29
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural
S A (Agricultural) S Single family residences
W A (Agricultural) W Agricultural
COMMENTS:
The site is presently vacant land.
Single family residences are located adjacent to the site to the south.
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Chris Gathman, Planner II
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