HomeMy WebLinkAbout20032476.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MF-614
APPLICANT: Timothy& Lisa Brough
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-1911; being part of the SW4 of Section 6, T7N, R67W of the
6th P.M., Weld County, Colorado.
REQUEST: Final Plat for a nine lot(9) Minor Subdivision (Pheasant Crest Estates).
LOCATION: North of and adjacent to CR 84 and east of and adjacent to CR 13.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 or within a three
mile referral area for any Weld County municipality. It is within the three mile referral area
for Larimer County.
B. Section 24-3-60.1.2--That provisions have been made to preserve prime agricultural land.
The subject property is categorized as "Prime" by the USDA "Farmlands of National
Importance Map"dated 1979. There is no Irrigation water associated with this development.
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 for potable water and water for
fire suppression.
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
June 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 H N
such conditions.
sqThe 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 W
inspection performed by a Colorado registered engineer.
2003-2476 r"M0_°°_°
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Resolution MF-614
Tim Brough
Page 2
The applicant has provided several "No Build" zones on the property, Lot 1 and 2 are
impacted due to an agreement with an adjacent property owner to retain a view corridor,Lot
8 and 9 are impacted due to a known high water table. Lot 8 also has an area delineated
with a note stating "No Habitable Structures" .
The Department of Public Health and Environment states 'no build zones'were placed on Lots 1,
8 and 9. Septic envelopes were placed in the 'no build zone' on Lot 1 (which is acceptable).
However, a private ditch lateral is located on the westerly property line of Lot 1 and the septic
envelopes have been located near the west property line, appearing to be located within 100 feet
of the ditch. All septic envelopes must be 100 feet from all ditches.
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 internal roadway shall be two 11-foot travel lanes with two 2-foot gravel shoulders as
approved on the Change of Zone Plat.The right-of-way shall be sixty(60)feet,the cul-de-
sac radius shall be sixty-five(65)feet and the cul-de-sac edge of pavement radius shall be
50-feet.
G. Section 24-3-60.1.7 --T hat off-site street o r highway facilities providing a ccess 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 County Road 13. Any access
construction on County Road 13 (LCR 901) will require an Access or Utility Permit from
Larimer County Engineering Department.
H. Section 24-3-60.1.9 --The minor subdivision is not part of or contiguous with a previously
eaN recorded subdivision or unincorporated townsite.
Section 24-3-60.1.10 -- There will be no on-street parking permitted within the minor
subdivision.
J. Section 24-3-60.1.11 -- No additional access to a county, state or federal highway will be
created.
K. Section 24-3-60.1.12—The ingress and egress to all lots within the minor subdivision will be
to a paved internal road circulation system.
L. 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.
M. 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 nine (9) lots.
N. 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.
A referral was not received from the Poudre Fire Authority or the Weld County Sheriff's
Office indicating a conflict with their interests.
O. 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.
r
The Division of Wildlife did not respond to referral requests at the sketch plan, change of
zone or final plan.
Resolution MF-614
Tim Brough
Page 3
The applicant has an agreement in place with DyeCrest Dairy that provides notification to
each future property owner, as stated on the Deed for each parcel stating that there is an
existing animal feeding operation in the immediate vicinity and that the owner has the ability
to expand the current operation and shall not be inhibited by property owners within the
Pheasant Crest Estates subdivision, pending that all applicable rules and regulations have
been met.
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. Planning
Commission's 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 County Road 13. 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 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)
D. The Plat shall 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)
E. 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 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)
2) The applicant must delineate stop and street signs on the final plat. (Department
of Public Works)
3) The applicant shall submit a revised Improvements Agreement and recalculate the
following items to verify construction costs: street grading, street base, and street
paving, or provide evidence from your contractor on letterhead identiifying the
company and source that they are able to complete this project for your estimated
cost. (Department of Public Works)
F. Prior to recording the final plat, the applicant shall provide written evidence from Weld
County School District RE-4 which indicates that all district requirements have been met.
(Department of Planning Services)
G. Easements shall be shown on the final plat in accordance with County standards(Section
24-7-60)and/or Utility Board recommendations. "Easements shall follow rear and side lot
lines whenever practical and shall have a minimum total width of twenty (20) feet
apportioned equally on abutting properties. Where front line easements are required, a
minimum of fifteen (15) feet shall be allocated as a utility easement." Lot 7 has a non-
conforming rear easement adjacent to County Road 13 that was approved at the Utility
Board hearing. (Departments of Public Works and Planning Services
H. 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)
Resolution MF-614
Tim Brough
Page 4
The applicant shall amend the plat such that the entire subdivision is placed on a single
sheet or delineate the subdivision on two sheets with a matchline,as required. (Department
of Planning Services)
J. A notification shall be included on the deeds to the potential purchasers that an existing
confined animal feeding operation currently exists in the neighborhood and that the ability
of t he c urrent o r a ny n ew o wner o f t he d airy t o expand s hall n of b e inhibited b y t he
development pending that applicable rules and regulations are met. (Department of
Planning Services)
K. "Weld County's Right to Farm," as provided in Appendix 22-E of the Weld County code,
shall be placed on the recorded deeds for the individual parcels. (Department of Planning
Services)
L. 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
bulk 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)
2. Water service shall be obtained from North Weld County Water District.
(Department of Public Health and Environment)
3. A Weld County Septic Permit is required for each proposed septic system,which
and 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)
4. 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)
5. 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)
6. 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)
7. 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)
8. Care will be required in locating septic systems on Lots 5 and 6 due to the
emergency access between the lots, and on Lots 4, 8 and 9 due to the utility
easement and wetlands (Lots 8 and 9). (Department of Public Health &
Environment)
9. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat. (Departments of Planning Services and
Public Health and Environment)
10. Weld County's Right to Farm,as stated on this plat,shall be recognized at all times.
(Department of Planning Services)
11. The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and Environment, and
Planning Services. (Department of Planning Services)
Resolution MF-614
Tim Brough
Page 5
.�. 12. 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)
13. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
14. 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)
15. Lot 8 and Lot 9 may not accommodate full depth basements. (Department of
Public Works)
16. Appropriate Building Permits shall be obtained prior to any construction or
excavation. (Building Inspection)
17. 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)
18. 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)
19. 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 UBC,
1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code.
(Building Inspection)
20. 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)
21. Building height shall be limited to the maximum height allowed per UBC Table 5-B.
Wall and opening protection and limitations shall be in accordance with UBC Table
5-A. Separation of buildings of mixed occupancy classifications shall be in
accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall
be determined by the Chapter 23 of the Weld County Code. (Building Inspection)
22. 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. Property
pins shall be clearly identified and all property lines shall be identified by string
stretched between pins or by other approved means. Approved Building and
Foundation Plans shall be on the site and available to inspectors for each
inspection. (Building Inspection)
23. The Developer or Home Owners Association representative shall provide each
owner and/or builder with a copy of the Geotechnical Engineering Report prepared
by Terracon, dated October 12, 2001. (Colorado Geologic Survey)
M. 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)
Resolution MF-614
Tim Brough
Page 6
2. Upon completion of 1 above, the applicant shall submit two 2 p , p pp ( ) 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)
Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 August 5, 2003.jD ted the 5th of August, 2003.
Voneen Macklin
Secretary
9- s -- )3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,August 5, 2003
A regular meeting of the Weld County Planning Commission was held Tuesday 2003, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Chair, Michael Miller , at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
James Rohn
John Folsom
Stephan Mokray
John Hutson
Bernard Ruesgen
Bruce Fitzgerald
Also Present:Don Carroll,BethanySalzman,Kim Ogle,Sheri Lockman,Peter Schei,Jacqueline Hatch,Char
Davis, Cindy Etcheverry, Michelle Katyrynuik
The summary of the last regular meeting of the Weld County Planning Commission held on July 15, 2003,
was approved as read.
The first order of business is the election of officers for the upcoming terms.
Bernie Ruesgen nominated Michael Miller for Chair. Bruce Fitzgerald seconded.
Stephen Mokray nominated Bryant Gimlin for Vice Chair. Bruce Fitzgerald seconded.
The elected officers will remain the same as last term.
The following item is continued:
CASE NUMBER: USR-1432
APPLICANT: Mark& Kristi Weimer
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A; part SE4 Section 22, T6N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit to use
a single family residence to park company equipment associated with a
trucking business.
LOCATION: North of and adjacent to Carlton Road/CR 66 and approximately 1/4 mile
west of CR 57.
Jacqueline Hatch read a request for continuance to October 7, 2003. The applicant is in the process of
obtaining a commercial well permit. Stephen Mokray moved to continue to October 7, 2003. John Folsom
seconded. Motion carried.
The following is on the Consent Agenda:
CASE NUMBER: 2ndAmUSR-996
APPLICANT: Marcum Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SE4 Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and
Gas Support Facility (Brinewater Disposal) in the A (Agricultural) Zone
District.
LOCATION: North of and adjacent to CR 46 and west of and adjacent to CR 53.
CASE NUMBER: MF-614
EXHIBIT
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w -1
APPLICANT: Timothy& Lisa Brough
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-1911;being part of the SW4 of Section 6,T7N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Final Plat for a nine lot(9) Minor Subdivision (Pheasant Crest Estates).
LOCATION: North of and adjacent to CR 84 and east of and adjacent to CR 13.
James Rohn would like to hear the case.
There was no other board member who wished to hear the case.
Bryant Gimlin moved to approve the consent Agenda. Stephen Mokray seconded.Motion carried with James
Rohn voting no.
CASE NUMBER: SCH-23
APPLICANT: Cattail Creek Group, LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot C of RE-2537;being part of SW4 Section 9,T6N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A review of a previously denied application for land use (Change of Zone
PZ-613), and request for a Substantial Change Determination.
LOCATION: North of and adjacent to CR 70 and approximately 800 feet east of CR 29.
Michael Miller removed himself due to his involvement in the case. Mr.Gimlin read the case into the record.
This case was requested to be heard by a member of the public. Patrick McNear
Sheri Lockman,Department of Planning Services stated,"Cattail Creek Group,LLC c/o George DuBard have
applied for A Review of a Previously Denied Application for Land Use,and request for a Substantial Change
Determination
Change of Zone PZ-613 was denied by the Weld County Board of County Commissioners on October 2,2002.
This proceeding today is not to rehear the original change of zone but rather to determine if the applicant has
met the criteria established to verify if a substantial change has occurred in order to reapply.
Pursuant to Chapter 2,Article II,Section 2-3-10 of the Weld County Code,the Commissioners shall consider
the applicant's request for a Hearing of Substantial Change and whether within the concept of a new
application, the facts and circumstances are substantially changed from the initial application:
Criteria 1. --Has the land-use application substantially changed? (e.g., substantial changes in lot
size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed)
Criteria 2.—Have the surrounding land-uses substantially changed? (e.g.,has the adjacent land use
changed during the period of time since the last application such that what would be compatible with
the adjacent use has changed)
Criteria 3. — Have applicable provisions of the law substantially changed? (e.g., the applicant is
proposing using a different procedure so a different set of criteria apply or the applicable ordinance
has been amended by the Board so the criteria have substantially changed)
Criteria 4. — Within the concept of rehearing the previously denied application, is there newly
discovered evidence that the applicant could not have discovered with diligent effort at the time of the
original application ?
The Department of Planning Services has determined that the submitted information does meet the intent of
a substantial change Per criteria 1 and 4.
Criteria 1. Is that the land-use application substantially changed? (e.g., substantial changes in lot size or
density, in internal or external roads,)
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