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HomeMy WebLinkAbout20030943.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Ric Hansen Case Number MF-589 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form United Power referral for Utility Board Planning Commissioner Field Check Form Letters to Applicant Affadavit of sign posting Legal Notifications 2 Application X Maps Deed Surrounding Property/Mineral Owners Utilities 3 Referral List X Referrals without comment Town of Pierce Planning, referral received 2/26/2003 4 Referrals with comments X Weld County Sheriff's Office, referral received 3/7/2003 Town of Ault, referral received 3/12/2003 Weld County Department of Public Works, referral received 2/4/2003 and 3/5/2003 Weld County Building Inspection, referral received 3/5/2003 Weld County School District RE-9, referral received 2/14/2003 Weld County Department of Public Health & Environment, referral received 2/13/2003 Weld County Assessor's Office, referral received 2/12/2003 Weld County Code Compliance, referral received 2/12/2003 5 PC Exhibits 6 Planning Commission Resolution i;. EXHIBIT a .a42O 3 -01,13 MF4589 I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Sheri Lockman fi Planner II tip eff rot MINOR SUBDIVISION FINAL PLAT h iDe. SUMMARY SHEET COLORADO Case Number: MF-589 Hearing Date: April 1, 2003 Applicant: Ric Hansen Planner: S Lockman Address: P.O. Box 158 Timnath, CO 80547 Request: Minor Subdivision Final Plan for four(4) residential lots - (Griffith) Legal Description: Lot A RE-3212 being part of SW4 Section 31, T8N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to Weld County Road 86; 3/4 mile west of Weld County Road 29 Acres: 20.5 +/- Parcel Number: 0553 32 300050 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Minor Subdivision Final Plat is listed in Section 24-3-60.1 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 2/12/2003 • Weld County Department of Public Health and Environment, referral received 2/13/2003 Weld County Department of Public Works, referral received 3/4/2003 and3/5/2003 Weld County Department of Building Inspection, referral received 3/5/2003 • RE-9 School District, referral received 2/14/2003 • Weld County Assessor's Office, referral received 2/12/2003 • Town of Pierce, referral received 2/26/2003 • Town of Ault, referral received 3/12/2003 • Weld County Sheriff's Office, referral received 3/7/2003 r The Department of Planning Services'staff has not received responses from the following agencies: Ault Fire Protection District • Weld County Attorneys Office • Colorado Division of Wildlife EXHIBIT MF-589 Griffith Subdivisior ^— ' 2003-0943 I�`IDC ADMINI TRAT MINOR SUBDIVISION IVER COMMENDATION COLORADO Case Number: MF-589 Hearing Date: April 1, 2003 Applicant: Ric Hansen Planner: S Lockman Address: P.O. Box 158 Timnath, CO 80547 Request: Minor Subdivision Final Plan for four(4) residential lots -(Griffith) Legal Description: Lot A RE-3212 being part of SW4 Section 31, T8N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to Weld County Road 86; 3/4 mile west of Weld County Road 29 Acres: 20.5 +/- Parcel Number: 0553 32 300050 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24-3-50 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' Staff that the application has shown compliance with Section 24-3-60.1 of the Weld County Code as follows: A. Section 24-3-60.1.1 --Compliance with Chapters 23 and 24 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 municipalities. The proposed site is not influenced by an Inter-Governmental Agreement.The site is within the three mile referral area for the Towns of Pierce and Ault.The Town of Pierce indicated in a referral response received February 26, 2003, that the proposal did not conflict with their interests.The Town of Ault indicated that they were objecting to further positive action on the case based on a debt owed to the Town by the property owner, Ric Hansen. B. Section 24-3-60.1.2--That provisions have been made to preserve prime agricultural land. The subject property is categorized as "Other" by the USDA "Farmlands of National Importance Map" dated 1979. MF-589 Griffith Subdivision Page 2 C. Section 24-3-60.1.3 — That provisions have been made for a public water supply that is sufficient in terms of quantity, dependability and quality to provide water for the minor subdivision, including fire protection. The lots will be served by North Weld County Water District.As approved at the change of zone, water for fire protection will be brought to the site by tankers.A note on the plat has been required which states that it is highly suggested that residences be sprinklered for further protection. D. Section 24-3-60.1.4--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 at the time of submission of the minor subdivision. Individual sewage disposal systems will handle the effluent flow. The Weld County Department of Public Health and Environment has indicated in a referral response dated February 13, 2003 that the application has satisfied Chapter 24 of the Weld County Code in regard to sewer service. E. Section 24-3-60.1.5 -- That all areas of the minor subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions. The Weld County Building Inspection Department is requiring each building to have an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. F. Section 24-3-60.1.6 --That streets within the minor subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the minor subdivision. Standards are established in Appendices 24-D and 24-E to this Chapter. The applicant requested a waiver from the pavement requirement at the change of zone phase and was approved by the Board of County Commissioners. Conditions of Approval will guarantee that streets within the minor subdivision are adequate. G. Section 24-3-60.1.7 -- That off-site street or highway facilities providing access to the proposed minor subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the minor subdivision. Conditions of Approval require the applicant to submit an off-site improvements agreement for a proportional share of the cost of upgrades to Weld County Road 86. H. Section 24-3-60.1.8 — Construction, maintenance, snow removal and other matters pertaining to or affecting the road and rights-of-way for the minor subdivision are the sole responsibility of the landowners within the minor subdivision. 1. Section 24-3-60.1.9 --The minor subdivision is not part of or contiguous with a previously recorded subdivision or unincorporated townsite. J. Section 24-3-60.1.10 -- There will be no on-street parking permitted within the minor subdivision. MF-589 Griffith Subdivision Page 3 K. Section 24-3-60.1.11 -- No additional access to a county, state or federal highway will be created. L. Section 24-3-60.1.12—The ingress and egress to all lots within the minor subdivision will be to an internal road circulation system. M. Section 24-3-60.1.13—That facilities providing drainage and stormwater management are adequate. The applicant did submit a drainage study with the Final Plan application. Conditions of Approval will ensure that drainage and stormwater management are adequate in the opinion of the Weld County Department of Public Works. N. Section 24-3-60.1.14—That the maximum number of lots within the minor subdivision will not exceed nine (9) lots. The applicant is proposing four(4) lots. O. Section 24-3-60.1.15—That the minor subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection or other services. The Weld County Sheriff's Office indicated in a referral dated March 7,2003 that they lack the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Board of county Commissioners or as indicated by growth not considered at the time the plan was developed. No other entities indicated concerns in servicing the site. P. Section 24-3-60.1.16—That the subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. The Division of Wildlife did not respond to referral requests at the sketch plan, change of zone or final plan. 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 agencies. The Department of Planning Services'Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the Minor Subdivision Final Plat: A. The Board of County Commissioners shall review and approve the Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) including the form of collateral. The applicant shall submit a signed and dated copy of this document prior to Board approval. The security for the agreement shall be tendered and accepted by the Board of County Commissioners.(Departments of Public Works and Planning Services) B. The Board of County Commissioners shall review and approve an off-site improvements agreement for a proportional share of the cost of improvements to Weld County Road 86. The applicant shall submit the off-site Improvements Agreement to the Department of Public Works for review. (Department of Public Works) C. The covenants shall be amended to be compatible with the Weld County Code as follows: MF-589 Griffith Subdivision Page 4 • 1) Article II, Section 32, shall be amended to be, at a minimum, as restrictive as the definition of family per section 23-1-90 of the Weld County Code. (Department of Planning Services) 2) Temporary residential structures are not allowed in the Estate Zone District.Article X, Section 11 shall be amended accordingly. (Department of Planning Services) 3) As required through the Change of Zone, the covenants shall address the issues of no water being available for irrigation and protection of dry pastureland from overgrazing. (Department of Planning Services) D. The covenants shall be approved by the Weld County Attorney's Office. Finalized covenants and the appropriate recording fee (currently$6 per page)shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) E. The Plat shall be amended to include the most recent version of Weld County's Right to Farm as stated in Chapter 22, Appendix 22-E of the Weld County Code. (Departments of Public Health and Environment and Planning Services) F. The applicant shall attempt to address the concerns of the Town of Ault. (Department of Planning Services) G. The applicant shall submit evidence from the Weld County Department of Public Works indicating that they have met all Department conditions as follows: 1) The applicant must label and dimension the 60-foot right-of-way width for Rachel Drive on the final plat. (Department of Public Works) 2) The bus pullout/mailbox stop must be dimensioned on the roadway construction plans. In addition,appropriate referral agencies shall be contacted regarding these issues, especially the school district and post office of jurisdiction. The applicant shall provide to the Public Works Department written documentation regarding these issues. Additional right-of-way equal to the dimensions of the bus pullout shall be added to CR 86 (adjacent to the bus pull-out) and dedicated on the final plat. The proposed mailbox must be out of the intersection sight distance triangle. (Department of Public Works) 3) The applicant shall submit to Public Works stamped, signed and dated final plat drawings and construction plan drawings for review and approval. This is consistent with County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required." (Department of Public Works) 4) Stop signs and street name signs must be shown on the final roadway construction plans. (Department of Public Works) 5) The Rachel Drive Plan & Profile sheet must include a 50-foot edge of road radius dimension for the cul-de-sac. Also, label Rachel Drive on the plan. (Department of Public Works) 6) The applicant shall prepare a construction detail for typical lot grading with respect to drainage. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be MF-589 Griffith Subdivision Page 5 considered. Building envelopes must be planned to avoid storm water flows,while taking into account adjacent drainage mitigation. (Department of Public Works) 7) The Drainage Design Considerations for Griffith Minor Subdivision, dated December 27, 2002, by Davis, Miller & Wohnrade Civil Engineers, Inc. must be resubmitted since it was not stamped,signed and dated bya professional engineer. Public Works'referral at the change of zone specifically asked for,"A final drainage report stamped,signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plat application."(Department of Public Works) 8) The final drainage report must include a copy of the FEMA map for the flood hazard review. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. (Department of Public Works) 9) The swale must be labeled on the construction grading plans and shall be located out of the Weld County Road 86 right-of-way. (Department of Public Works) 10) The grading plans shall take into account the required additional right-of-way for the bus pullout. All grading improvements must be located out of the County right-of- way, including the swale. (Department of Public Works) H. Prior to recording the final plat, the applicant shall provide written evidence from Weld County School District RE-9 which indicates that all district requirements have been met. (Department of Planning Services) Easements shall be shown and dimensioned in accordance with County standards/Utility Board recommendations on the final plat. (Departments of Public Works and Planning Services) J. The Weld County Sheriffs Office has indicated that a sign with a graphical representation of the subdivision should be placed at the entrance to the subdivision. To address this concern, the applicant shall submit a set of sign standards as required by Section 27-6- 90.E.1. of the Weld County Code for review and approval. (Department of Planning Services, Sheriff's Office) K. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: 1) The final Plat allows for Estate uses and shall comply with the Estate Zone District requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision shall consist of four (4) residential lots. (Department of Planning Services) 2) Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) 3) The Ault/Pierce Fire Protection District has indicated that, in the case of a fire, water shall be brought to the site by tankers. It is highly suggested that residences be sprinklered for further protection. (Department of Planning Services) 4) A Weld County Septic Permit is required for each proposed septic system, which MF-589 Griffith Subdivision Page 6 shall be installed 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) 5) 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) 6) 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) 7) 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) 8) 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) 9) "Weld County's Right to Farm", as stated on this plat, shall be recognized at all times. (Department of Planning Services) 10) The site shall maintain compliance at all times with the requirements of the Weld County Government. (Department of Planning Services) 11) Weld County Personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) 12) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) 13) 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) 14) Appropriate Building Permits shall be obtained prior to any construction or excavation. (Department of Planning Services) 15) 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 MF-589 Griffith Subdivision Page 7 recorded. (Department of Planning Services) 16) Building permits shall be obtained prior to the construction of any building.(Building Inspection) 17) 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) 18) Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 1997 Uniform Building Code, 1998 International Mechanical Code, 1997 International Plumbing Code, 202 National Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection) 19) Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed bya Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Building Inspection) 20) Building height shall be limited to the maximum height allowed per Uniform Building Code Table 5-B. Wall and opening protection and limitations shall be in accordance with Uniform Building Code Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with Uniform Building Code Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Chapter 23 of the Weld County Code. (Building Inspection) 21) Building height shall be measured in accordance with the 1997 Uniform 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 27 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) L. 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) 2. Upon completion of 1 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 24-3-50 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) MF-589 Griffith Subdivision Page 8 Q DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 80631 COLORADO February 7, 2003 Ric Hansen c/o Mikel Torgerson 223 N. College Avenue Ft. Collins, CO 80524 Subject: MF-589- Request for approval of a Minor Subdivision Final Plan for four (4) residential lots on a parcel of land described as Lot A of RE-3212; being part SW4 Section 31, T8N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, April 1, 2003, at 1:30 p.m. This meeting will take place in Room 210, of the Weld County Department of Planning, 1555 N. 17th Avenue, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, March 13, 2003, at 10:00 a.m. This meeting will take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration 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 Ault and Pierce Planning Commission for their review and comments. Please call Ault at (970) 834-2844 and Pierce at (970) 834-2851, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. A representative from the Department of Planning Services will be out to the property 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 under consideration 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 post a second sign 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. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sinc,rely, hyL4�[ is,"/ 4 yl n_ Sheri Lockman Planner PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: ; I kL )1 ) ✓Y ,20C-73 . THE SIGN SHALL BE POSTED ADJACENT TO AN VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FORASPECIAL REVIEW OR CHANGE OF ZONE IS NOT ADJACENT TO A PUBLICLY 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 PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASEk 1'1C- 1511. THE SIGN WAS POSTED BY: Li ) 1 i ) / (_ NAME OF PERSON POSTING SIGN, SIGNATURE FOR PERSON POSTING SIGN STATE OF COLORADO ) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS<3 DAY OF Ma( in , 20CLC /� ' NOTARY PUBLIC MY COMMISSION EXPIRES: 2//91l.J`/ 7 I I THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. r FIELD CHECK �j CASE NUMBER: MF-589 DATE OF INSPECTION:Z •k /27 7 APPLICANT'S NAME: Ric Hansen PLANNER: Sheri Lockman REQUEST: Minor Subdivision Final Plan for four (4) residential lots LEGAL DESCRIPTION: Lot A of RE-3212; being part SW4 Section 31, T8N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to WCR 86; 3/4 mile west of WCR 29. For a more precise location, see legal. LAND USE: N /' nit / u LJ— ricc , /"t h1 YLL$ /Aa1 skose E A ( Gr4 / pc., dui/tr. Lc am arc ( 0 takf Lin* 6 —Ikl dewy,- els W -ELT wt I W ' 47 y.e Lb Pe viw/44e>ZONING: N A(Agricultural) J E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: Mmafcl or (Ain/Dun s9 k'g& pa per -h-& rw,p.r ,VO4•Le4 1 Rl5 Sc o� pl�,� 61 ek -koa cduces 4o uk `8eo1-L ka vi iC tarPMember FIELD CHECK inspection date: 3/21/2003 CASE NUMBER: MF-589 APPLICANT: Ric Hansen LEGAL DESCRIPTION: Lot A RE-3212 being pt. SW4 Section 31, T8N, R66W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Weld County Road 86; 3/4 mile west of Weld County Road 29 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Agricultural / Residential / Generation station W A (Agricultural) W Agricultural COMMENTS: Single access to the site. No oil and gas structures. Elk being raised to the south. Homes to the south and east. r Hello