HomeMy WebLinkAbout20042490.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant JER, A Partnership Case Number MJF-1062
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Tonya Strobel Field Check Form X
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 X
Weld County School District RE-6, referral received 6/16/04 X
Division of Wildlife, referral received 6/17/04 X
Town of LaSalle, referral received 7/14/04 X
Town of Garden City, referral received 7/21/04 X
4 Referrals with comments X
Weld County Sheriff's Office, referral received 6/17/2004 X
Weld County Department of Public Health& Environment, referral received X
7/14/2004&7/23/2004
Weld County Code Compliance, referral received 6/11/2004 X
Weld County Department of Public Works, referral received 6/24/2004 X
West Greeley Soil Conservation District, referral received 6/21/2004 X
Milliken Fire Protection Department, referral received 7/16/2004 X
City of Evans, referral received 6/6/2004 X
2004-2490
x
City of Greeley, referral received 7/7/2004
Weld County Department of Planning Services, addressing, referral received X
7/9/2004
Weld County Department of Building Inspection, referral received 7/22/2004 X
6 RC-E,xdibit�. X
I hereby certify that the BBBB items identified herein were submitted to the Department of Planning Services at or rior to the
chheeqyfed PI nin Com ssi rs hearin
Michelle Martin+ Planner
11 MAJOR SUBDIVISION FINAL PLAN
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: MJF-1062
HEARING
DATE: August 3, 2004
PLANNER: Michelle Martin
APPLICANT: JER, A Partnership
ADDRESS: P.O. Box 632, Greeley, CO. 80632
REQUEST: Hill-n-Park Third Filing for Thirteen (13) Residential Lots in the R-5 Zone District
LEGAL
DESCRIPTION: Lot B of Hill n Park Subdivision; being part of the SW4 Section 26, T5N, R66W of the 6'"
P.M., Weld County, CO
LOCATION: North of and adjacent to 49'" Street and east of and adjacent to Yellowstone Drive
ACRES: 3.5 Acres +/- PARCEL#: 0959 26 308001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Change of Zone application is listed in Section 24-4-40 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 6/17/2004
• Weld County Department of Public Health & Environment, referral received 7/14/2004 & 7/23/2004
• Weld County School District RE-6, referral received 6/16/2004
• Weld County Code Compliance, referral received 6/11/2004
Weld County Department of Public Works, referral received 6/24/2004
• West Greeley Soil Conservation District, referral received 6/21/2004
• Milliken Fire Protection Department, referral received 7/16/2004
• City of Evans, referral received 6/6/2004
• Colorado Division of Wildlife, referral received 6/17/2004
Town of La Salle, referral received 7/14/2004
• City of Greeley, referral received 7/7/2004
Town of Garden City, referral received 7/21/2004
• Weld County Department of Planning Services, addressing, referral received 7/9/2004
Weld County Department of Building Inspection, referral received 7/22/2004
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Geological Survey
• Weld County Assessor EXHIBIT
JER,A Partnership(MJF-1062), 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 24-4-40 of the Weld County Code as follows:
A. Section 24-4-40.E.6.A The Proposal is consistent with Chapter 22 of the Weld County
Code,the existing or future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22,and the Comprehensive
Plan or Master Plan of affected municipalities and intergovernmental agreements.
Section 22-2-190.A.R.Goal 1 states,"Ensure that adequate public services and facilities are _
currently available or reasonably obtainable to serve the residential development." The City
of Evans has taken over the Hill-n-Park wastewater treatment plant. Municipal water and
sewage disposal is proposed to be provided by the City of Evans. The City has reviewed the
proposal and their requirements are addressed through the attached conditions of approval.
Section 22-2-190.A.R.Goal 3 states, "Urban residential uses will be encouraged with the
subject site is located inside an approved intergovernmental agreement area, urban growth
boundary area... The proposed development is within the City of Evans Urban growth
boundary. The City of Evans in their referral received 7/6/04 is requesting that the applicants
dedicate an additional ten (10)feet of right of way for 49' Street.
B. Section 24-4-40.E.6.B That the proposed development is in compliance with Chapter 23
of the Weld County Code, the zone district in which the proposed use is located and any
adopted intergovernmental agreements or master plans of affected municipaliteis.
According to Section 23-3-150.B.1,one mobile home, manufactured home or single family
dwelling per lot is a use by right in the R-5 (Mobile Home Residential)Zone District as long
as the lots are connected to public water and public sewer. According to the application the
• lots will be connected to the City of Evans water and sewer.
C. Section 24-4-40.E.6.C Comments received from referral agencies have been addressed,
if applicable.
The Utility Coordinating Advisory Committee reviewed and conditionally approved the Hill-n-
Park Third Filing for Thirteen(13)Residential Lots in the R-5 Zone District at its July 8,2004
meeting. The concerns of the Utility Coordinating Advisory Committee are addressed in the
Conditions of Approval. Concerns from other referral agencies are also addressed in the
Conditions of Approval.
D. Section 24-4-40.E.6.D That definite provision has been made for a water supply that is
sufficient in terms of quantity, dependability and quality to provide water for the subdivision,
including fire protection.
The applicant has indicated that approximately 13 water and sewer taps are remaining and
available. The available water lines are adjacent to the property and no line extensions or
other up grades will be needed.
E. Section 24-4-40.E.6.E That, if a public sewage disposal system is proposed,provision has
been made for the system and,if other methods of sewage disposal are proposed,evidence
that such systems will comply with state and local laws and regulations which are in effect
JER,A Partnership(MJF-1062),page 2
at the time of submission of the subdivision.
Provision has been made for sanitary sewer through the City of Evans.
F. Section 24-4-40.E.6.F That streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic requirements of the
subdivision.
•
The streets within the major subdivision will be adequate in functional classification, width
and structural capacity to meet the traffic needs of the subdivision in accordance with the
requirements set forth in the Weld County Code. In accordance with Section 27-2-19 of the
Weld County Code, interior streets are required to be paved in a major subdivision. The
streets that surround the proposed development(Yellowstone Drive,Yosemite Drive and Hill-
n-Park Drive) are paved and maintained by the Weld County. -
G. Section 24-4-40.E.6.G That off-site street or highway facilities providing access to the
subdivision are adequate in functional classification, width, and structural capacity to meet
the traffic requirements of the subdivision in accordance with the requirements set forth in
Article VII of this Chapter.
49`"Street is under the jurisdication of the City of Evans. In their referral received 7/6/04 the
City of Evans is requesting an additional ten (10)feet of right of way be deeded to the city.
H. Section 24-4-40.E.6.H That facilities providing drainage and storm water management are
adequate.
The Weld County Public Works Department has approved the primary drainage report for
the proposal.
Section 24-4-40.E.61 That the subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and police protection, hospital, solid
waste disposal and other services.
•
The City of Evans has committed to service the proposal with water and sewage disposal.
The Milliken Fire District in their referral dated 7/16/04 had no concerns with the proposed
development other then they wanted to be present when new fire hydrants are being
installed. The Weld County School District 6 in their refferal dated 6/15/04 expressed no
concerns with this proposed development. The Weld County Sheriffs Office in their refferal
dated 6/15/04 had no concerns about the proposed development besides they want to review
the name of the streets and address within the development.
J. Section 24-4-40.E.6.J The subdivision will not cause air pollution violations based on
Colorado Department of Public Health and Environment Standards.
The Weld County Department of Health and Environment reviewed the proposal and does
not have air pollution concerns.
K. Section 24-4-40.E.6.K The subdivision conforms to the subdivision design standards of
Article VII.
The Weld County Department of Public Works and Department of Planning Services have
reviewed the proposal and have determined that it is in conformance with Article VII of the
Weld County Code. •
L. Section 24-4-40.E.6.L The subdivision will not have an undue adverse effect on wildlife and
JER,A Partnership (MJF-1062),page 3
its habitat, the preservation of agricultural land, and historic sites.
The proposed development is located on 3.5 acres which is too small to be a viable farming
operation in accordance with Section 22-2-60.1 of the Weld County Code. In the Division of
Wildlife's referral dated 6/17/04 they had reviewed the request and found no conflicts with
their interest.
This recommendation is based,in part,upon a review of the application materials submitted by the applicants,
other relevant information regarding the request and responses from referral entities.
The Department of Planning Services' recommendation for approval is conditional upon the
following:
1. Prior to Recording the Major Subdivision Final Plat:
A. The Final plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled MJF-1062. (Department of Planning Services)
2. Applicant shall address all issues indicated in the Weld County Department of Public
Works referral dated 6/ 21/04. Evidence of the Department of Public Works
approval shall be submitted to the Department of Planning Services.
(Department of Public Works)
3. The applicant shall reference the Weld County Ordinance 2003-6,the Weld County
addressing Code Section 2-13-70, H-1-a-7, which requires cul-de-sacs running
east/west to be named "Place." (Weld County Department of Planning Services,
addressing)
4. The plat shall show the rights of way for 49'Street, Hill-n-Park Drive,Yosemite Drive
and Yellowstone Drive. (Department of Public Works)
B. The Board of County Commissioners shall review and approve the signed and dated
Improvements Agreement According to Policy Regarding Collateral for Improvements(Public
Road Maintenance)including the form of collateral. The security for the Agreement shall be
tendered and accepted by the Board of County Commissioners. (Department of Planning
Services)
C. 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, Postal Services and
Emergency Personal. Evidence of their approval shall be submitted to the Department of
Planning Services. (Department of Planning Services)
D. The applicant shall contact the City of Evans to determine if there are any off-site
transportation infrastructure improvements. Evidence of such shall be submitted to the
Department of Public Works. (Department of Public Works)
The applicant shall address the requirements (concerns) of the City of Evans, as stated in
the referral response received 7/6/04. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (City of Evans)
F. 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)
G. The applicant shall dedicated outlot A to the Home Owners Association(HOA)to be used as
JER,A Partnership (MJF-1062),page 4
open space. Written evidence of such shall be submitted to the Department of Planning
-Services. (Department of Planning Services)
_ H. 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)
The applicant shall submit to the Weld County Planning Department a certificate of good
standing from the secretary of states office showing they have incorporated or
otherwise formally organized the Home Owner's Association. (Department of Planning
Services)
J. The applicant shall submit covenants for the proposed development. The covenants shall _-
be approved by the Weld County Attorney's Office. Prior to recording the plat the applicant
shall submit to the Weld County Department of Planning Services the finalized
covenants and appropriate fees. (Department of Planning Services)
K. The following notes shall be placed on the plat:
1. The Major Subdivision Final shall consist of thirteen (13) R-5 zoned lots.The
Final Plat shall comply with the R-5 Zone District requirements as set forth in
Chapter 23 of the Weld County Code. (Department of Planning Services)
2. Water and sewage shall be obtained from the City of Evans. (Department of
Planning Services and Department of Public Health and Environment)
3. 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)
4. Weld County's Right to Farm, as stated on this plat, shall be recognized at all times:.
(Departmentsof Planning Services)
5. The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
6. 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 Weld County Regulations. (Department of Planning
Services)
7. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
8. If required,the applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and the
Environment. Silt fences shall be maintained on the down gradient portion of the site
during all parts of the construction phase of the project.(Department of Public Health
and Environment)
9. 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)
JER,A Partnership (MJF-1062),page 5
10. Building�-. permits shall be obtained prior to the construction of any building. (Building
Inspection) -
11. A plan review is required for each building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Building Inspection)
12. 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 (IMC), 2003
International Plumbing Code (IPC), 2002 National Electrical Code (NEC) and
Chapter 29 of the Weld County Code. (Building Inspection)
13. 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)
14. Fire resistance of walls and openings,construction requirements,maximum building
height and allowable areas will be reviewed a the plat review. Setback and offest
distance shall be determined by Chapter 23 of the Weld County Code. (Building
Inspection)
15. 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)
16. 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)
2. Prior to Installation:
A. The applicant shall contact the Milliken Fire Protection District prior to installing the fire
hydrants as stated in their referral response dated 7/16/04. (Milliken Fire Protection District)
3. The Final 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 Final Plat map, the
applicant shall submit a digital file of all drawings associated with the Final Plat 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)
e-�
JER,A Partnership (MJF-1062),page 6
DEPARTMENT OF PLANNING SERVICES
^ (ii a PHONE (970)353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
illip e GREELEY, COLORADO 80631
COLORADO June 10, 2004
JER Partnership
PO Box 632
Greeley CO 80632 _
Subject: MJF-1062- Hill-n-Park Third Filing (Thirteen (13) Residential Lots in the R-5 Zone District) on
a parcel of land described as Lot B Hill-n-Park Subdivision; pt of the SW4 Section 26, T5N, 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 August 3,2004,at 1:30 p.m. This meeting will take
place in the Conference 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 Evans, Garden City,Greeley and
LaSalle Planning Commission for their review and comments. Please call Evans at 970-339-5344, Garden
City at 970-351-0041, Greeley at 970-350-9780 and LaSalle at 970-284-6931 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 Evans,Garden City, Greeley and LaSalle 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 esti concerning this matter, please call.
Re ec Ily,��( "'... �,
Michelle Katyryniuk
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 06/O 4 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PLIBLICALLY 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 IS DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR N F-/062IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Michelle Martin
Name of Person Posting Sign
Po7)
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD ) f ,.,
The foregoing instrument was subscribed and sworn to me this t/ day of\ j;( C( , , , 2004.
WITNESS my hand and official seal.
A
LA (ILL p ICC IC
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Notary Public
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FIELD CHECK ‘lu Ca'!�+� [Paining 0:-
-Y OFFICE
CASE NUMBER: MJF-1062 DATE OF INSPECTION: 7/33)0 t✓ " 2, iL rM.)4
APPLICANT'S NAME: JER, A Partnership a ',s \ ED
PLANNER: Michelle Katyryniuk
REQUEST: Hill-n-Park Third Filing (Thirteen (13) Residential Lots in the R-5 Zone District).
LEGAL DESCRIPTION: Lot B Hill-n-Park Subdivision; pt of the SW4 Section 26, T5N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to 49th Street and East of and adjacent to Yellowstone Drive.
LAND USE: ,�,,�,i c /F
N I(�f1OdUIUY home Sib di /1,rc '34aFrorl
E fltdular Pere 5iWivtsion /Church
S %Y;cuI}U✓
w mbVvdVV u r smiAbc --
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
1&12H°
P.C. Member
FIELD CHECK inspection date: 7/16/04
APPLICANT: JER, A Partnership CASE#: MJF-1062
REQUEST: Hill-n-Park Third Filing (Thirteen (13) Residential Lots in the R-5 Zone District)
LEGAL: Lot B of Hill n Park Subdivision; being part of the SW4 Section 26, T5N, R66W of the 6th
P.M., Weld County, CO
LOCATION: North of and adjacent to 49th Street and East of and adjacent to Yellowstone Drive
PARCEL ID#: 0959 26 308001 ACRES: +/- 3.5
Zoning Land Use
N R-5 N Milliken Fire Station and Senior Center
E R-5 E West Greeley Baptist Church
S A (Agricultural) S Agricultural/ Residential
W C-2 W Sinclair gas station / Out little store
COMMENTS:
Vacant land
currently no access to the parcel
' (//
•' Michelle Martin, Planner
Hello