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HomeMy WebLinkAbout20050957.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant The Highlands — David & Case Number MZ-1069 Susanne Schwind 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 Affidavit 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 X Little Thompson Water District, referral received January 29,2005 X Weld County Zoning Compliance, referral received December 15,2004 X Town of Berthoud, referral received December 28, 2004 X Town of Johnstown, referral received December 20,2004 X • 4 Referrals with comments X Town of Mead, referral received December 23, 2004 X v" State of Colorado Division of Water Resources, referral received January 4, 2005 X and August 23, 2004 St.Vrain School District, referral received January 11, 2005 X Weld County Public Health and Environment, referral received January 11, 2005 X Weld County Public Works, referral received January 24, 2005 X N 5 Surrounding Property Owners- Letters X 5.A Letter from James Brunelle, dated January 31,2005 X '' 6 PC Exhibits X `' 6a Picture Schwind of Ditches on Burnelle x 6b Brunelle letter X X I hereby certify that the twenty one items identified herein were submitted to the Department of Planning Services at or prior to the sche and of County Commissioners hearing. Ifir! 4' Jacqueli eHatch it Planner 2005-0957 CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO CASE#: MZ-1069 HEARING DATE : February 15, 2005 PLANNER: Jacqueline Hatch APPLICANT: David and Susanne Schwind REQUEST: A Minor Subdivision Change of Zone from the A (Agricultural) Zone District to E (Estate) Zone District for four(4) residential lots (The Highlands). LEGAL: Lot A of RE-2651; being part of the NW4 Section 4, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East and adjacent to County Road 5 and south of and adjacent to County Road 38. PARCEL#: 1207 04 000046 ACRES: 22.10 +/- 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 January 11, 2005 • Weld County Code Compliance, referral received December 15, 2004 • Weld County Department of Public Works, referral received January 24, 2005 • State of Colorado, Division of Water Resources, referral received January 4, 2005 • Town of Berthoud, referral received December 28, 2004 • Town of Johnstown, referral received December 20, 2004 Town of Mead, referral received December 23, 2004 • Little Thompson Water District, referral received January 29, 2005 • St. Vrain School District RE-1J, referral received January 11, 2005 The Department of Planning Services'staff has not received responses from the following agencies: • Division of Wildlife • Longmont Soil Conservation District • Boulder County • Berthoud Fire Protection District _;. EXHIBIT MZ-1069 The Highlands —Schwind 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 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 Town of Berthoud, the Town of Johnston, the Town of Mead and Boulder County. The Towns of Berthoud and Johnstown in their referrals dated December 28, 2004 and December 20, 2004 respectively found the proposed development to have no conflicts with their interests. The Town of Mead returned a referral dated December 23, 2004 objecting to the County considering this application as an unincorporated subdivision. The Town requests the applicant petition to the Town for annexation. The proposed subdivision is outside of the Urban Growth Boundary area for the Town and is not within an Intergovernmental Agreement Area, therefore the applicant is not required to prepare annexation documents to the Town. The Department of Planning Services has received one letter from a surrounding property owner regarding ditch access and use. The Department of Planning Services is requiring that the applicant provide evidence of an agreement with the ditch company prior to recording the plat. 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 2 has an existing water tap with Little Thompson Water District. The applicant has a Water Service Agreement with Little Thompson Water District for the remaining three (3) 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. No percolation data was submitted in the application materials but due to the existing septic systems percolation data the MZ-1069 The Highlands—Schwind Page 2 Department of Public Health and Environment request that the applicant place primary and secondary septic envelopes on each lot (secondary only on Lot 2) that meet all setbacks. 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 Roads 38 and 5 are classified by the County as gravel local 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 29 additional vehicle trips per day to the roadway system. The applicant shall be required to submit to the Department of Public Works for review and approval a dust mitigation plan for County Roads 38 and 5 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 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 sheets of the plat shall be labeled MZ-1069. (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 Ish Ditch shall be delineated on the plat with all the required setbacks. (Department of Planning Services) 6) The Weld County's Right to Farm statement, Appendix 22-E shall be placed on the plat. (Department of Planning Services) B. Prior to recording the plat the applicant shall attempt to address the requirements (concerns) of the Town of Mead, as stated in the referral response dated December 23, MZ-1069 The Highlands —Schwind Page 3 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. Prior to recording the plat the applicant shall attempt to address the concerns of the letter from James Brunelle received February 2, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. 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 four (4) residential lots. (Department of Planning Services) B. Water service shall be obtained from Little Thompson 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) MZ-1069 The Highlands—Schwind Page 4 H. "Weld County's Right to Farm" as provided on this plat shall be recognized at all times. (Department of Public Health and Environment) The site shall maintain compliance at all times with the requirements of Weld County Government. (Department of Planning Services) J. 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) K. 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) L. 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) M. 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) N. 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) O. 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) P. 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) Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) R. 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) S. Appropriate Building Permits shall be obtained prior to any construction, grading or excavation. (Department of Planning Services) MZ-1069 The Highlands—Schwind Page 5 T. 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) U. 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) 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) (Department of Planning Services) 3. At the time of Final Plat: A. The Department of Public Works in a referral dated January 24, 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 Highlands 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. Primary and secondary 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 and the Ish Ditch. (Department of Public Health and Environment) F. 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) G. The existing improvements on Lot 2 shall be delineated on the plat, including the appropriate location of the existing septic system. (Department of Public Health and Environment) H. 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) I. 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) J. A final drainage report and construction plans, conforming to the drainage report, shall be approved prior to recording final plat. (Department of Public Works) MZ-1069 The Highlands—Schwind Page 6 K. Easements shall be shown in accordance with County standards and / or Utility Board recommendations on the final plat. (Department of Planning Services) L. 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) M. The applicant shall submit copies of finalized water agreements with Little Thompson Water District prior to recording the final plan. (Department of Planning Services) N. Written evidence from the Ish Ditch 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. (Department of Planning Services) O. Prior to recording the final plat, the applicant shall provide written evidence from St. Vrain School District RE-1J which indicates that all district requirements have been met. (Department of Planning Services) P. The applicant shall submit the name of the street 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) 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) MZ-1069 The Highlands—Schwind Page 7 • DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 WIlD 918 10D STREET C. GREELEY, COLORADO 80631 COLORADO December 14, 2004 David & Susanne Schwind 17900CR5 Berthoud CO 80513 Subject: MZ-1069- Request for Minor Subdivision Change of Zone for The Highlands from(A)Agriculture to Estate Zoning for 4 residential lots for on a parcel of land described as Lot A.of RE-2651; Pt NW4 of Section 4, T3N, R68W 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 15,2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 4209 CR 24 '/1, Longmont, 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 Berthoud, Johnstown and Mead Planning Commission for their review and comments. Please call Berthoud at 970-532-2643, Johnstown at 970-587-4664 and Mead at 970-535-4477 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 Berthoud, Johnstown and Mead 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, Ja qu ine Habh Plann r PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE FI' THE LAST DAY TO POST THE SIGN IS 13 I /2o fHE 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES JURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST T IF EEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR M 7 - e oE9 IN THE A (AGRICULTURAL) ZONE DISTRICT. Ac czuc t .tis t.L.(-}- Name of Person Posting Sign h Signatur f Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD 4 The foregoing instrument was subscribed and sworn to me this � day of , 2005. WITNESS my hand and official seal. K JgPN :.Fgl, 51-44/K-J �/ 5: -0TA9 S'?, l'1 Notary Public • • 5:".41/. My Commission Expires: 10/)141.2007 FO' O P F COt. P • . / I 4 . • • - 1A r4-. . • is i is - • �• rC•.'� ` { Ilk NOTICE tine : 8 '= � :1 / . A PUBLIC HEARING CONCERNING . +-a,� - yyka ;,, iris, , � �a �It� THIS PROPERTY WILT 6E HELD Al: * 1-1"-•, A � ,• 9 {� •b r � " . 9 1.1.4;114 �+ 1 z t .r _' Mist-:,-!,4- i �rl r • ie• ! - +' t ''f • rr„.ir �/f• ilea 1. , 1�, 4C , S 1J jr. - t- " �=� r.]y# q 'c IfEtli 11 _ - �! `+e� s.a.•a ,•-#'�. CI ;tiJ�, • / :S • � ' J 7 1�7 '4� 1. .•ti-� ti cisi IC _.. 'r 'h l n FOR MORE INFORMATION GAR �- . �h s "• T. WELD COUNTY DEPARTMENT OF r 'R. Y h tr PLANNING SERVICES ATE ',�7944-4:71‘; e� 4..:11. '� or d Le 4, Q (41O353-6100 ext. 3540 1 '`'i , - ' c t / .{2 t -••'- ' 449.4 • �. r'! :r�Rd M`y� .1+- • [ • �'. •! v . ,Y (+�.., r rZx.l1 , r 'B�t{1 1 I1 ,' IS'- _ar 1_ 7,44....t .-41! 44 j . t -� - .- } • .SAN 26 2005 . 1 S (•,, '. a ., I •.., _ e .., . i • .1.-. '' ' I " I3. 1 1 : H . .' �C t ` ; `J j' , ' • I ' .T .i _7y. s. . . VIliall r • . r µ, , ' � A •: '. yl .. ;1% t• � jj} � r1 .•q .!1.....q. ... . , JAN 26 20(15 - • , . i•. . � .: . , v , sitigerat. A. 111 P �• � ,• %%%% :•is ow i w d r i li � � ■ mmed NW OM op oll 0 . ' itch, Z6 2GG5 FIELD CHECK Inspection Date: 12/29/04 APPLICANT: David and Susanne Schwind CASE #: MZ-1069 REQUEST: Minor Subdivision Change of Zone for The Highlands from (A) Agricultural to Estate Zoning for 4 residential lots. LEGAL: Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 5 and south of and adjacent to County Road 38. PARCEL ID #: 1207 04 000046 ACRES: 22.10 +/- J Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural COMMENTS: Lot slightly peaks in the center Ditch along the northern side of the lot Single family home, barn and garage on site Property is farmed County Road 5 and 38 are gravel Some single family homes to the south other than that farm land surrounds. Jac4u ine� ch, Panner Hello