HomeMy WebLinkAbout20051938.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Robert L. Parsons Case Number MZ-1025
Submitted or Prepared
Prior to At
Hearing Hearing
N' 1 Staff Comments X
Department of Planning Services Field Check Form
Letter to Applicant
N
Affidavit and photograph of sign posting
Legal Notifications
2 Application X
Maps
Deed/Easement Certificate/Certificate of Conveyance
Surrounding Property/Mineral Owners
Utilities
N 3 Referral List X
Referrals without comment
Weld County Code Compliance, referral received 4/15/2005
Town of Severance, referral received 5/26/2005
\` 4 Referrals with comments X
N.
Weld County Department of Building Inspection, addressing referral received
4/18/2005
Poudre Valley Fire Authority, referral received 4/26/2005
Weld County School District RE-4, referral received 4/27/2005
Weld County Department of Public Health& Environment, referral received
4/27/2005
Water Supply and Storage Company, referral received 5/2/2005
Weld County Department of Building Inspection, referral received 4/29/2005
State of Colorado, Division of Water Resources, referral received 5/2/2005
West Greeley Soil Conservation District, referral received 4/22/2005
e
Weld County Sheriff's Office, referral received 5/6/2005
Weld County Department of Public Works, referral received 5/17/2005
I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the
t scheduled Planning Commissioners hearing.
Sheri Lockman< Planner II
Ef
2005-1938
#Ftce4t.,
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE#: MZ-1025 HEARING DATE : June 7, 2005
PLANNER: S. Lockman
APPLICANT: Robert L. Parsons
REQUEST: A Minor Subdivision Change of Zone from the A(Agricultural)to E (Estate)Zone for eight
(8) lots (Peace Haven Estates)
LEGAL: Lot B of RE-3358 being part NW4 Section 10, T7N, R67W of the 6T" P.M., Weld County,
Colorado
LOCATION: East of and adjacent to County Road 19 and south of and adjacent to County Road 84
PARCEL#: 0705 10 200023 ACRES: 49.15 +/-
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 4/27/2005
• Weld County School District RE-4, referral received 4/27/2005
• Weld County Code Compliance, referral received 4/15/2005
• Weld County Department of Building Inspection, addressing referral received 4/18/2005
• Weld County Department of Building Inspection, referral received 4/29/2005
• Weld County Department of Public Works, referral received 5/17/2005
• Poudre Valley Fire Authority, referral received 4/26/2005
• Water Supply and Storage Company, referral received 5/2/2005
• State of Colorado, Division of Water Resources, referral received 5/2/2005
• West Greeley Soil Conservation District, referral received 4/22/2005
• Weld County Sheriffs Office, referral received 5/6/2005
• Town of Severance, referral received 5/26/2005
The Department of Planning Services'staff has not received responses from the following agencies:
• Colorado Division of Wildlife
• Larimer County Canal
MZ-1025,Peace Haven Estates, page 1 EXHIBIT
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.D. (A.Goal 4.) -- Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that can
support such development. Such development shall attempt to be compatible with the region.
This goal is intended to address conversion of agricultural land to nonurban uses. Once
converted, this land is less conducive to agricultural production. The proposal is for an eight(8)
lot non-urban scale subdivision. Conditions of Approval ensure the site will be compatible with
surrounding properties.
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 site is within the three mile referral area for the Town of Severance. In a referral
response dated May 16, 2005 the Town of Severance indicated no conflicts with their interests.
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
preliminary Water Service Agreement in place with North Weld County Water District. The
agreement has been approved by the Weld County Attorney's Office and will be required to be
finalized prior to recording the final plat.
The Weld County Department of Public Health and Environment has reviewed this proposal and
has indicated that 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).
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 84 and
County Road 19 are classified by the County as local roads.These roads require a minimum 60-
foot right-of-way.The rights-of-way shall be verified and shown on the change of zone plat. If the
right-of-way cannot be documented, it shall be dedicated on the final plat.This development will
introduce approximately 77 additional vehicle trips per day to the roadway system. The applicant
will be required to enter into an agreement with the County to proportionately share the cost of
improving County Road 84 and County Road 19.
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 not lie within any overlay district identified by the maps
officially adopted by Weld County.
2) The applicant has indicated that they have retained all mineral rights on the property and
no leases exist. Further, the Geologic Evaluation, prepared by Earth Engineering
Consultants, dated July 30, 2002 submitted with the Sketch plan indicated that no
economically recoverable mineral resources at defined in H.B. 1041 were identified on the
site.
MZ-1025,Peace Haven Estates,page 2
3) At the sketch plan phase, the Colorado Geological Survey made suggestions for
construction on site. Further, the Weld County Department of Building Inspection is
requiring a site-specific geotechnical report or an open hole inspection performed by a
Colorado registered engineer for each building.
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)to E (Estate)Zone for eight(8) lots is conditional upon
the following:
1. Prior to recording the Change of Zone Plat:
A. County Road 84 and County Road 19 are classified by the County as local roads. These roads
require a minimum 60-foot right-of-way. The rights-of-way shall be verified and shown on the
change of zone plat. If the right-of-way cannot be documented, they shall be dedicated on the
final plat. (Department of Public Works)
B. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1025. (Department of Planning Services)
2) In accordance with Section 23-2-50 of the Weld County Code, all information not required
shall be removed from the plat. (Department of Planning Services)
C. The Change of Zone is conditional upon the following and each shall be placed on the Change
of Zone plat as notes:
1) The Change of Zone allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision
shall consist of eight(8) residential lots. (Department of Planning Services)
2) Water service shall be obtained from the North Weld County Water District. (Department
of Public Health and Environment)
3) 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)
4) If primary and secondary septic envelopes are placed on each lot: All septic system
envelopes must meet all setbacks,including the 100-foot setback to any well.(Department
of Public Health and Environment)
5) 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)
6) 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
MZ-1025, Peace Haven Estates,page 3
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/
PermitsUnit for more information. (Department of Public Health and Environment)
7) 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)
8) 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 minimize dust emissions. (Department of Public Health and Environment)
9) 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)
10) Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
11) The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, and Planning Services.
(Department of Planning Services)
12) Weld County Government personnel 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)
13) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
14) 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)
15) 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)
16) 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)
17) The internal roadway right-of-way shall be 60-feet in width including cul-do-sacs with a 65-
foot radius, and dedicated to the public. The cul-de-sac edge of roadway radius shall be
50-feet. (Department of Public Works)
18) 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
and any future entry way and or gates. (Building Inspection)
19) 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)
MZ-1025,Peace Haven Estates,page 4
20) 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 Residential 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)
21) 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)
22) 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 Chapter 23 of the Weld County Code. (Building Inspection)
23) 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)
24) All landscaping within the sight distance triangles must be less than 31/2 feet in height at
maturity. (Department of Public Works)
25) The Weld County Sheriffs Office has limited traffic enforcement powers on roadways
within subdivisions which are not adopted by the county. (Sheriffs Office)
D. The applicant shall submit two (2)paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat and 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). The Mylar plat
shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services' Staff. The Mylar plat and additional requirements shall be submitted within thirty(30)
days from the date of the Board of County Commissioners approval. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
2. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence from School District
RE-4 which indicates that all district requirements have been met. (Department of Planning
Services)
B. Prior to recording the final plat, the applicant shall submit a finalized Water Service Agreement
with North Weld County Water District. (Department of Planning Services and Division of Water
Resources)
C. The applicant shall submit the signed Agreement For Improvements for CR 19 and CR 84 Road
Stabilization for Dust Control (off-site) with the final plan application. (Department of Public
Works)
D. The Board of County Commissioners shall approve the off-site improvements agreement prior
to recording the final plat. (Department of Public Works)
MZ-1025,Peace Haven Estates,page 5
E. The applicant has indicated that a development sign shall be placed at the entrance to the
subdivision.The final plan application shall include a sign plan for review.The plat shall indicate
the location of the proposed sign. (Department of Planning Services)
F. The Change of Zone plat includes an entryway detail. The detail shall be amended to include a
bus pick-up and drop-off location along with a mailbox location. The applicant shall submit
evidence that School District RE-4 and the Postal Service have approved the location of these
structures. Any requested changes shall be submitted with the Final Plan application for review
and approval. (Department of Planning Services)
G. The applicant shall submit an Improvement Agreement According to Policy Regarding Collateral
for Improvements (on-site) to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Departments of Public Works and Planning
Services)
H. Prior to recording the plat,the applicant shall submit a deed transferring ownership of all mineral
interests to the Peace Haven Estates Home Owners Association. (Department of Planning
Service)
I. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the state. (Department of Planning Services)
J. The applicant shall submit covenants for Peace Haven Estates.The covenants shall be approved
by the Weld County Attorney's Office prior to recording the final plat.As requested by the Poudre
Fire Authority, covenants shall include language which requires address numerals to be plainly
visible and legible from the street or road fronting the property. (Department of Planning
Services)
K. The applicant shall submit approval of preliminary addresses and street name from the Postal
Service. Final Plan applications shall include copies of the preliminary addresses to be reviewed
by the Fire District and Sheriffs Office. (Department of Planning Services)
L. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
M. County Road 84 and County Road 19 are classified by the County as a local roads and require
a 60-foot right-of-way. If the rights-of-way cannot be verified, they will be dedicated on the final
plat. (Department of Public Works)
N. Stop signs and street name sign locations must be shown on the final roadway construction
plans. (Department of Public Works)
O. Intersection sight distance triangles at the development entrance will be required. All landscaping
within the triangles must be less than 3%feet in height at maturity,and noted on the final roadway
plans. (Department of Public Works)
P. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
roadway / construction & grading plan drawings for review (with the final application).
Construction details must be included. (Department of Public Works)
Q. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Planning Services)
R. A final drainage report stamped, signed and dated by a professional engineer licensed in the
State of Colorado shall be submitted with the final plan application. The 5-year storm and
100-year storm drainage studies shall take into consideration off-site flows both entering and
leaving the development. Increased runoff due to development will require detention of the
MZ-1025,Peace Haven Estates,page 6
100-year storm developed condition while releasing the 5-year storm existing condition.
(Department of Public Works)
S. The final drainage report shall include a flood hazard review documenting any FEMA defined
floodways. The engineer shall reference the specific map panel number, including date. The
development site shall be located on the copy of the FEMA map. (Department of Public Works
T. The applicant shall prepare a construction detail for typical lot grading with respect to drainage
for the final application. Front, rear and side slopes around building envelopes must be
addressed. In addition, drainage for rear and side lot line swales shall be considered. Building
envelopes must be planned to avoid storm water flows, while taking into account adjacent
drainage mitigation. (Department of Public Works)
U. Final drainage construction and erosion control plans (conforming to the drainage report)
stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be
submitted with the final plan application. (Department of Public Works)
V. The applicant shall submit written evidence that the Water Supply and Storage Company has
reviewed the construction details for the site.The final plan shall also indicate how the concerns
of the Company have been addressed. (Water Supply and Storage Company and Department
of Planning Services)
W. The applicant shall include information in the final plan application indicating how the
concerns/requirements of the Poudre Fire Authority have been addressed. (Department of
Planning Services)
X. 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-1025, Peace Haven Estates,page 7
DEPARTMENT OF PLANNING SERVICES
(ita NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
IFAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
April 15, 2005
Robert Parson
do Jeff Couch
3468 Shallow Pond Dr
Fort Collins CO 80524
Subject: MZ-1025- Request for a Minor Subdivision Change of Zone from A (Agriculture) to E (Estate). Peace
Haven Estates on a parcel of land described as Lot B of RE-3358; Pt NW4 of Section 10, T7N, R67W of
the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for June 7, 2005, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 918 10th 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 Severance Planning Commission for their review and comments.
Please call Severance at 970-686-1218 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 Severance 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,en Loc an /
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS May 23, 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR MZ-1025 IN THE A (AGRICULTURAL) ZONE DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
//4-/i-S1
Signature". .Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this day of 200;y
WITNESS my hand and official seal.
t'l lei LH—id tlk BILLIE J. MOORE
Notary Public NOTARY PUBLIC
f/ STATE OF COLORADO
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FIELD CHECK inspection date: ./o?-3/GS
APPLICANT: Robert L. Parsons CASE#: MZ-1025
REQUEST: Minor Subdivision Change of Zone from A(Agricultural) to E (Estate). (Peace Haven
Estates)
LEGAL: Lot B RE-3358; Part NW4 Section 10, T7N, R67W of the 6TH P.M., Weld County,
Colorado
LOCATION: East of and adjacent to Weld County Road 19 and south of and adjacent to Weld County
Road 84
PARCEL ID#: 0705 10 200023 ACRES: 49.15 +/-
Zoning Land Use
N A (Agricultural) N bfe/Citift,mS
E A (Agricultural) E
S A (Agricultural) S
W A (Agricultural) W
COMMENTS: / ;¢ emy �� U
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