HomeMy WebLinkAbout20050716.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MZ-1060
APPLICANT: Gary&Judy Harkless
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-2641; being part of the SE4 Section 13, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision Change of Zone from (A) Agriculture to (E) Estate for
9 residential lots (Faith Estates)
LOCATION: 1/2 mile South of CR 70 and West of and adjacent to CR 37.
be recommended favorably to the Board of County Commissioners 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 m
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 a)
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. arm
2005-0716
Resolution MZ-1060
Gary Harkless
Page 2
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 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 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)
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)
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)
Resolution MZ-1060
Gary Harkless
Page 3
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 atwww.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)
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)
Resolution MZ-1060
Gary Harkless
Page 4
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)
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)
Resolution MZ-1060
Gary Harkless
Page 5
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 Sheriff's 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. (Sheriffs
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 31/2 feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
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. (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)
Resolution MZ-1060
Gary Harkless
Page 6
O. 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)
R. Primary and secondary septic envelopes shall be placed on each lot. All septic system
envelopes must meet all setback requirements including the 100 foot setback to any well or
ditch.
Motion seconded by James Rohn
VOTE:
For Passage Against Passage Absent
r-
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
Doug Ochsner
James Welch
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 1, 2005.
Dated the 15'of Februarys 2005.
Voneen Macklin
Secretary
/-200 c
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 1, 2004
A regular meeting of the Weld County Planning g Commission was held Tuesday 2004, in the Weld County Department
of Planning Services, Hearing Room, 918 10` Street, Greeley, Colorado. The meeting was called to order by Vice
Chair, Bryant Gimlin, at p.m.
ROLL CALL
Michael Miller Absent
Bryant Gimlin
John Folsom
James Welch
James Rohn
Bruce Fitzgerald Absent
Tonya Strobel Absent
Chad Auer
Doug Ochsner
Also Present: Don Carroll, Char Davis, Peter Schei, Michelle Martin, Jacqueline Hatch, Pam Smith
The summary of the last regular meeting of the Weld County Planning Commission held on, January 18, 2005, was
approved as read.
The following case will be indefinitely continued:
CASE NUMBER: USR-1497
APPLICANT: Clement McNaney III do JCB Engineering
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-261; Pt of SE4 Section 15, T6N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted in a use by right or accessory use in the Commercial Zone District
(Landscape Materials Yard) in the A (Agricultural) Zone District
LOCATION: North of and adjacent to Hwy 392 and approximately 1/4 mile west of CR 21.
Jacqueline Hatch, Department of Planning Services read a letter requesting an indefinite continuance. This will
allow the applicant time to finalize the access to the site.
CASE NUMBER: MZ-1060
APPLICANT: Gary &Judy Harkless
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-2641; being part of the SE4 Section 13, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision Change of Zone from (A) Agriculture to (E) Estate for 9
residential lots (Faith Estates)
LOCATION: /% mile South of CR 70 and West of and adjacent to CR 37.
Michelle Martin, Department of Planning Services presented Case MZ-1060, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards.
John Folsom asked for clarification on condition 2.X and if there were any wetlands. Ms. Martin indicated there
are irrigation ditches on the property and the possibility of wetlands exists. Mr. Folsom asked if staff had receive.
a referral from the Core of Engineers. Ms. Martin indicated they had not.
Shawn Fipes, Pickett Engineering, representative for the applicant, provided the following additional information
this is a straight forward subdivision; there is nothing out of the ordinary. Mr. Fipes added the applicant hired a C •
Wildlands Consultants and according to their investigation no potential wetlands or endangered species were •
found on site. This report was included in the packet.
Doug Ochsner asked if there is any non potable water for the proposed development and will any of it be used for
irrigation. Mr. Fipes stated there are ditch laterals that run along the west side of the property but the applicant
does not have the water rights. The intent for the development does not include non potable water at this time.
The individual lot owners would be responsible for their own irrigation. The open space areas will be seeded with
native grasses.
James Rohn asked the size of the open space. Mr. Fipes indicated it was less than 2 %acres. Peter Schei,
Public Works, stated outlot A is 1.108 acres and outlot B is 0.349 acres with a total of less than 2 acres
James Rohn asked Mr. Schei about paving the internal road. Mr. Schei stated this is a minor subdivision so that is
not a requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one
wished to speak.
Pam Smith, Weld County Health, asked to amend 1.A.3, which indicated all septic envelopes need to be removed.
Ms. Smith indicated the plat that was reviewed contained the envelopes and the comment was made according to her
referral that the applicant had met setback requirements. Ms. Martin stated the removal of septic envelopes from the
plat was by the advice of the County attorney. He advised the Department of Planning Services plat which the County
records would just contain the boundary surveyed. Ms. Martin stated the septic envelopes can be added at the time of
final plat and remove from change of zone plat. Ms. Smith stated the language is acceptable and can be added at the
time of final plat.
Lee Morrison stated the concern he had was there was more and more detail on the change of zone plat but in fact all
that goes on the change of zone plat is the description of the area for where the zone change is located. The other
detailed information can be included in other documents or drawings. The recorded document is just the surveyed
boundary of the area and the zone change. This goes back to the basics and the other details can be in the recorded
later. The other concern is if the plat is changed at final plan, this would be an issue.
John Folsom added he likes to have as much information as to what the ultimate development will be, in the area
where the change of zone is being permitted. Mr. Morrison stated the change of zone should justify the area to be
changed the rest can be included in the record. The additional information will not get final approval so the information
should not be required on the recorded document.
Pam Smith indicated the language could go under 3 at the time of final plat. The language consisted of"Primary and
secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setback
requirements including the 100 foot setback to any well or ditch."
James Rohn moved to accept the language. Chad seconded. Motion carried
James Rohn indicated he has driven that road for several years and this is a good location for a PUD or Estate Zone.
This development is a good mix in area especially with other homes in area and this will compliment the area.
John Folsom moved that Case MZ-1060, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes;
James Welch, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes. Motion carried
unanimously.
CASE NUMBER: MF-1053
APPLICANT: Mary F. Carlson and George B. Carlson, Revocable Living Trust
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of 2n°AmRE-1873; Pt NE4 of Section 8, T7N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Final Plat for a 9-lot minor subdivision- Prairie Ridge Estates.
LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 17.
Jacqueline Hatch, Department of Planning Services presented Case MF-1053, reading the recommendation and
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