HomeMy WebLinkAbout20050717.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Gary and Judy Harkless Case Number MZ-1060
Submitted or Prepared
Prior to At
Hearing Hearing
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 Eaton, referral received 12/20/04 X
Colorado Department of Transportation, referral received 12/22/04 X
` 4 Referrals with comments X
Weld County Sheriff's Office, referral received 1/3/05 X
Weld County Department of Public Health & Environment, referral received X
1/13/05
Weld County Code Compliance, referral received 12/14/04 X
Weld County Department of Public Works, referral received 1/18/05 X
West Greeley Soil Conservation District, referral received 12/21/04 X
The New Cache La Poudre Irrigating Company, referral received 1/10/05 X
Colorado Geological Survey, referral received 12/27/04 X
` City of Greeley, referral received 12/28/04 X
Weld County Department of Planning Services, addressing, referral X
received 1/6/05
r State of Colorado, Division of Water Resources, referrals received 1/18/05 X
Weld County Building Inspection, referral receiv-d 1/' /05 X
2005-0717
5 Surreunding Ptuperty Owners - Letters
-6 — -PC Exhibits X
7 Planning Commission Resolution
I hereby certify that the BBBB items identified herein were submitted to ttbe De rtmen of P annin et,/ sat or prior to the
1'. soh I n C miss. ors hearing.
Michelle Martin + Planner
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE#: MZ-1060 HEARING DATE : February 1, 2005
PLANNER: Michelle Martin
APPLICANT: Gary and Judy Harkless
REQUEST: A Minor Subdivision Change of Zone from the A (Agricultural) Zone District to E (Estate)
Zone District for nine (9) residential lots (Faith Estates).
LEGAL: Lot B of RE-2641; being part of the SE4 Section 13, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado
LOCATION: Approximately '/2 mile south of County Road 70 and west of and adjacent to County Road
37
PARCEL#: 0805 13 000036 ACRES: 33 +/-
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 1/3/05
Weld County Department of Public Health & Environment, referral received 1/13/05
• Weld County Code Compliance, referral received 12/14/04
Weld County Department of Public Works, referral received 1/18/05
• West Greeley Soil Conservation District, referral received 12/21/04
•
State of Colorado, Division of Water Resources, referrals received 1/18/05
• Weld County Building Inspection, referral received 1/10/05
Weld County Department of Planning Services, addressing, referral received 1/6/05
•
City of Greeley, referral received 12/28/04
•
Town of Eaton, referral received 12/20/04
• Colorado Department of Transportation, referral received 12/22/04
• Colorado Geological Survey, referral received 12/27/04
• The New Cache La Poudre Irrigating Company, referral received 1/10/05
Weld County School District RE-2, referral received 1/27/05
The Department of Planning Services'staff has not received responses from the following agencies:
• Weld County Attorney
• Division of Wildlife
• Eaton Fire Protection District
• Greeley Irrigation Company
EXHIarr
Harkless(MZ-1060),page 1 /'
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.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 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 Eaton and the City of Greeley. The Town of Eaton in their referral dated 12/14/04
found the proposed development to have no conflicts with their interests. The City of Greeley
in their referral dated 12/22/04 had the following five(5)concerns: additional right-of-way be
dedicated from the centerline of County Road 37; preserve the existing trees on the site;
pave the internal road;establish sidewalks and curbs;and the internal road shall help provide
connectivity to future subdivisions. The City of Greeley's recommendations have been
incorporated into the Development Standards and Conditions of Approval. 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 existing home
on proposed Lot 6 has an existing water tap with North Weld County Water District. The
applicant has a Water Service Agreement with North Weld County Water District for the
remaining eight(8)lots. 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 with one septic system
per 3.7 acres. The preliminary percolated test report conducted by Northern Colorado
Geotech dated 11/21/04 states that most septic systems could be conventional systems.
D. Section 23-2-30.A.4 states"Street or highway facilities providing access to the property are
Harkless(MZ-1060).page 2
adequate in size to meet the requirements of the proposed zone district." County Road 37
is classified by the County as a collector status road and requires a minimum 80-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 86
additional vehicle trips per day to the roadway system.
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. Building Permits issued on the Lot will be
required to adhere to the fee structure of County Wide Road Impact Program
(Ordinance 2002-11).
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 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-1060. (Department of Planning Services)
2) All proposed lot lines and lots shall be removed from the plat. (Department of
Planning Services)
3) All proposed septic envelops shall be removed from the plat. (Department of
Planning Services)
4) The internal road shall be removed from the plat. (Department of Planning Services)
5) All non-recorded easements shall be removed from the plat. (Department of
Planning Services)
6) The plat shall be amended to illustrate the appropriate set backs from wellheads and
tank batteries according to Section 23-2-440.L of the Weld County Code.
(Department of Planning Services)
B. The applicant shall submit the name of the street within the proposed development along with
the street addresses for review to the Weld County Sheriffs 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)
C. The applicant shall provide written evidence to the State of Colorado, Division of Water
Resources indicating minimum fire flow required by the Eaton Fire Protection District can be
satisfied (through the proposed well) and how tracts A and B will be irrigated. Written
evidence of their approval shall be submitted to the Department of Planning Services. (State
of Colorado, Division of Water Resources)
Granados(MZ-1056),page 3
D. 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)
E. Prior to recording the plat the applicant shall attempt to address the requirements(concerns)
of the City of Greeley, as stated in the referral response dated 12/22/04. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (City of
Greeley)
F. 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 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. A Weld County septic permit is required for each proposed septic system, which shall be
installed in according to the Weld County individual sewage disposal system regulations.
Each septic system shall be designed for site-specific conditions, including, but not limited
to: maximum seasonal high groundwater, poor soils, and shallow bedrock. (Department of
Public Health and Environment)
D. Language for the preservation and/or protection of the second absorption field envelope shall
be placed in the development covenants. The covenants shall state that 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 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)
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)
Granados(MZ-1056),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 emissions notice,and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
"Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat. (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 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)
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 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)
Granados(MZ-1056),page 5
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. Construction on or around any ditch which conveys 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. 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. (Department of
Planning Services)
3. At the time of Final Plat:
A. The plat shall delineates a 75 foot easement for the New Cache La Poudre Irrigation
Company per their referral dated 11/19/04. (New Cache La Poudre Irrigation Company)
B. The Department of Public Works in a referral dated 1/18/05 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)
C. The applicant shall address the requirements(concerns)of the Sheriffs Office, as stated in
the referral response dated November 30, 2004 to discuss the Crime Prevention Through
Environmental Design program and any available options for the site. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Sheriff's
Office)
E. 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)
F. The applicant shall submit covenants for Faith Estates 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)
G. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
H. Copies of the preliminary addresses shall be included in the final plan application for review
by referral agencies. (Department of Planning Services)
I. All landscaping within the site distance triangles must be less than 31/4 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)
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
Granados(MZ-1056),page 6
r
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. (Departments of Planning Services)
M. 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
Services)
N. The applicant shall submit copies of finalized water agreements with North Weld County
Water District prior to recording the final plan. (Departments of Planning Services)
Q. Written evidence from the Graham Drainage Ditch Company and the New Cache La Poudre
Irrigating Company indicating all requirements/concerns have been addressed or evidence
that an adequate attempt has been made to mitigate their concerns shall be submitted to the
Department of Planning Services. (Graham Drainage Ditch Company and the New Cache
La Poudre)
P. Prior to recording the final plat,the applicant shall provide written evidence from Weld County
School District RE-2 which indicates that all district requirements have been met.
(Department of Planning Services)
Q. 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
a
DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (970) 304-6498
918 101h STREET
h iDe GREELEY, COLORADO 80631
COLORADO December 13, 2004
Gary& Judy Harkless
33439 CR 37
Eaton CO 80615
Subject: MZ-1060- A Minor Subdivision Change of Zone from (A)Agriculture to (E) Estate for 9
residential lots (Faith Estates)on a parcel of land described as Lot B of RE-2641; being part of
the SE4 Section 13, T6N, 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 February 1, 2005, at 1:30 p.m. This
meeting will take place in the Conference 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 Eaton and Greeley Planning
Commission for their review and comments. Please call Eaton at 970-454-3338 and Greeley at 970-350-
9780 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 Greeley and Eaton 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 fifteen
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 matt , please call.
Respe full
Michelle Martin
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS Jan. 14, 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, 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-1060 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Michelle Martin
Name gf Perso ostin Sign
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Signature of Person Posting Sign
STATE OF COLORADO )
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COUNTY OF WELD ) 1
The foregoing instrument was subscribed and sworn to me this) da f , 2005.
WITNESS my hand and official seal.
11(3/ 01). 1 VitrAVZ
Notary Public
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FIELD CHECK inspection date: 1/IQ/DS
APPLICANT: Gary and Judy Harkless CASE#: MZ-1060
REQUEST: A Minor Subdivision Change of Zone from the A(Agricultural)Zone District to E (Estate)
Zone District for nine (9) residential lots (Faith Estates).
LEGAL: Lot B of RE-2641; being part of the SE4 Section 13, T6N, R66W of the 6TH P.M., Weld
County, Colorado
LOCATION: / mile South of County Road 70 and West of and adjacent to County Road 37
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural
W A (Agricultural) 1 W Agricultural
COMMENTS:
There are two existing access (ditch and residential) from CR 37. There
is an existing residence on the lot along with oil and gas structures. The
New cache canal boarders the property on the south and the
Graham/Childs Seepage Ditch boards the property on the west./(-Miche le Martin, Planner
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