HomeMy WebLinkAbout20031682 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Jeff Stamp Case Number MZ-1017
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
E-mail regardng oil and gas
Department of Planning Services Field Check Form
Letter to Applicant
Photograph of sign posting
Legal Notifications
2 Application X
Maps
Deed
Surrounding Property/Mineral Owners
Utilities
Soil Survey
3 Referral List X
Referrals without comment
Town of Johnstown, referral received 5/29/2003
4 Referrals with comments X
Weld County School District RE-1J, referral received 5/19/2003
Mountain View Fire Protection District, referral received 5/13/2003
Weld County Department of Public Works, referral received 5/16/2003
Weld County Building Inspection, referral received 5/20/2003
Town of Mead, referral received 5/19/2003
Town of Berthoud, referral received 5/23/2003
Weld County Code Compliance, referral received 5/6/2003
Weld County Department of Public Health& Environment, referral received
6/4/2003
Weld County Department of Planning Services,addressing referral received
6/5/2003
5 Surrounding Property Owners- Letters
Letter from William and Jennifer Casey, received 6/10/2003 x
Letter from David and Gaynelle Pietrangelo, received 6/16/2003 x
Planning Commission Resolution
g EXHIBIT
2003-1682
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. 1 c
kilLatt
Sh i Lockman 4 Planner II
•
, a
W ICHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE#: MZ-1017
HEARING
DATE : June 17, 2003
PLANNER: S Lockman
APPLICANT: Jeff Stamp
REQUEST: A Minor Subdivision Change of Zone from the A(Agricultural)to E(Estate)Zone for nine(9)
lots
LEGAL: Lot B RE-2462; Pt. SW4 Section 36, T4N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to County Road 38; 1/2 mile west of County Road 13
PARCEL#: 1061 36 000064 ACRES: +/- 58.48
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Change of Zone application is listed in Section 23-2-30 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Department of Public Health & Environment, referral received 6/4/2003
•
Weld County School District RE-1J, referral received 5/19/2003
• Weld County Code Compliance, referral received 5/6/2003
• Weld County Department of Planning Services, addressing referral received 6/5/2003
•
Weld County Department of Public Works, referral received 5/16/2003
• Town of Johnstown, referral received 5/29/2003
• Town of Berthoud, referral received 5/23/2003
• Town of Mead, referral received 5/19/2003
Weld County Building Inspection, referral received 5/20/2003
•
Mountain View Fire Protection District, referral received 5/13/2003
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Sheriffs Office
• Little Thompson Water District
• Big Thompson Soil Conservation District
• Colorado Division of Wildlife
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Stamp(MZ-1017), page 1 EXHIBIT
I
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THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code as follows:
A. Section 23-2-30.A.1. The proposal is consistent with Chapter 22 of the Weld County Code.
Section 22-2-60.D. (A.Goal 4.) -- Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region. This goal is intended to address conversion of agricultural land to nonurban uses.
Once converted, this land is less conducive to agricultural production. The proposal is for a
nine (9) lot non-urban scale subdivision. Conditions of approval ensure the site will be
compatible with surrounding properties.
B. Section 23-2-30.A.2. states "That the uses which would be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land uses." The
proposed site does not lie within the Urban Growth Boundary or Intergovernmental
Agreement Area for any municipality. The site is within the three mile referral area for the
Towns of Berthoud, Johnstown and Mead. The Town of Johnstown indicated the proposal
did not conflict with their interests.The Town of Berthoud indicated the property was located
beyond the Town's boundary and is not capable of being integrated with Town services,
therefore, it is of no interest to the Town. The Town of Mead stated that they do not want
Stamp Minor Subdivision to be approved as an unincorporated project and that it should be
referred to the Town for possible annexation. 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 applicant has
an Agreement for Water Main Extension in place with Little Thompson Water District. The
agreement has been approved by the Weld County Attorney's Office. The applicant has
indicated that one-half share of Highland Ditch water will be given for irrigation purposes.
The Weld County Department of Public Health and Environment has reviewed this proposal
and has indicated that 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. Each lot for
the proposed minor subdivision shall have an ISDS installed per the Weld County
Department of Public Health and Environment requirements and specifications.
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 38
is classified by the County as a local gravel road and requires a minimum 60-foot right-of-
way.The right-of-way shall be verified and shown on the final plat. If the right-of-way cannot
be documented, it shall be dedicated on the final plat. This development will introduce
approximately 86 additional vehicle trips per day to the roadway system. The applicant will
be required to enter into an agreement with the County to proportionately share the cost of
improving County Road 38. The cost will be based on a proportion of the traffic generated
by the development to the existing traffic.
r
Stamp(MZ-1017),page 2
The Weld County Department of Public Works has required that the internal roadway be two
12-foot gravel lanes with 4-foot gravel shoulders. The cul-de-sac edge of roadway radius
shall be fifty(50)feet.
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.
2) The applicant has not submit an agreement with the properties mineral
owners.The applicant has indicated possible drill sites in order to meet State
requirements. Further,the mineral owners have been contacted and have not
voiced any concerns with the proposal.
3) At the sketch plan phase,recommendations were made by the Colorado Geological
Survey, Division of Minerals and Geology in regards to drainage and soil limitations.
The recommendations have been incorporated with the Conditions of Approval.The
Weld County Department of Building Inspection has required each building to be
built on an engineered foundation based on a site specific geotechnical report or an
open hole inspection performed by a Colorado registered engineer. The Weld
County Department of Public Health and Environment has indicated that, based on
percolation test results and topographical features, it appears that any septic
systems installed on the site will be required to be designed by a registered
professional engineer.
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)to E(Estate)Zone for nine (9) lots is conditional upon
the following:
1. Prior to recording the Change of Zone Plat:
A. The applicant shall submit conclusive evidence of ownership of that portion of Lot 7 and Lot
8 which County records indicate is owned by Mr. Frank M. Canepa. If conclusive evidence
can not be obtained,the applicant shall submit a corrected plat for Recorded Exemption 2462
which does not include the property and the Change of Zone boundary shall be amended.
(Departments of Planning Services and Public Works)
B. The applicant shall attempt to address the requirements(concerns)of the Town of Mead,as
stated in the referral response dated May 14,2003. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The Change of Zone plat shall be amended to delineate the following:
1) The internal roadway cross-section shown on the change of zone plat is not
acceptable. The typical roadway cross-section should be shown as two 12-foot
gravel lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-sac
edge of roadway radius shall be 50-feet minimum. (Department of Public Works)
2) The applicant shall move the mailbox kiosk out of the sight distance triangle.
(Department of Public Works)
Stamp(MZ-1017),page 3
3) "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)
4) Additional right-of-way shall be required adjacent to the bus pullout area equivalent
to the width of the pullout lane. (Department of Public Works)
D. 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 and 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).The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services'Staff.The Mylar plat and additional
requirements shall be submitted within thirty(30)days from the date of the Board of County
Commissioners approval. The applicant shall be responsible for paying the recording fee.
(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, prior to recording:
A. The Change of Zone 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 nine (9) residential lots. (Department of Planning Services)
B. Water service shall be obtained from the Little Thompson Water District. (Department of
Public Health and Environment)
C. 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)
D. 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)
E. 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)
F. 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)
G. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration,the responsible pary 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)
Stamp(MZ-1017),page 4
r
H. Activities such a s I andscaping (i.e. planting oft rees 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)
Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
J. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public H ealth and Environment, and Planning S ervices.
(Department of Planning Services)
K. Weld C ounty Government personnel s hall beg ranted a ccess onto the property a t 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. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
M. 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)
N. 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)
O. Building permits shall be obtained prior to the construction of any building including a bus
stop shelter if provided. (Building Inspection)
P. 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)
Q. 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; 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Building Inspection)
R. 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)
S. 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)
T. 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
Stamp(MZ-1017),page 5
by string stretched between pins or by other approved mans. Approved building and
foundation plans shall be on the site and available to inspectors for each inspection.
(Building Inspection)
U. All landscaping within the triangles must be less than 3% feet in height at maturity.
(Department of Public Works)
V. Building sites should be sited on as high as possible to take advantage of positive drainage.
Subgrade construction should include perimeter drains that daylight to protect against the
buildup of hydrostatic pressure near foundation walls. (Colorado Geological Survey)
W. Subsurface soils from each building envelope should be evaluated, either from borehole
samples or in open excavation to determine whether fat, potentially expansive clays or low
density silts are present that might warrant foundation mitigation. (Colorado Geological
Survey)
X. Individual Sewage Disposal Systems should be designed based on the percolation rates
specific to soils within an identified leach field area. A profile hole or test pit should be
advanced to a minimum of 8 feet below ground level to determine whether groundwater is
present (or might be present seasonally). (Colorado Geological Survey)
Y. All homes within Stamp Minor Subdivision will be sprinklered for further protection against
fire. (Mountain View Fire Protection District)
Z. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties. (Department of Planning Services)
AA. Prior to the issuance of building permits,the applicant shall submit construction plans
for the utilities showing the location of fire hydrants, the size of water mains and
available fire flows to the Mountain View Fire Protection District for review.(Mountain
View Fire Protection District)
3. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence from St. Vrain
Valley School District which indicates that all district requirements have been met.
(Department of Planning Services)
B. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services)
C. The applicant shall submit covenants for Stamp Minor Subdivision.The covenants shall be
approved by the Weld County Attorney's Office prior to recording the final plat. Covenants
shall include language for the preservation and/or protection of the second absorption field
envelope as follows: 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. (Departments of Public Health and Environment and
Planning Services)
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
E. The applicant shall determine the name of the internal road. Two different names are
recorded on submitted plans: Red Tail Court, and Stamp Boulevard. (Departments of
Planning Services and Public Works)
Stamp(MZ-1017),page 6
F. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District, Ambulance Service and Sheriffs Office. (Department of
Planning Services)
G. County Road 38 is classified by the County as a local road and requires a 60-foot right-of-
way. If the right-of-way cannot be verified, it will be dedicated on the final plat. (Department
of Public Works)
H. County Road 38 is a gravel road. The applicant shall enter into an agreement with the
County to proportionately share the cost of improvements to County Road 38. The
agreement shall particularly include the Great Western Railroad crossing at County Road 38
in the immediate proximity of the development. The cost will be based on a proportion of the
traffic generated by the development to existing traffic. The applicant shall submit a
proposed agreement with the final plat application. (Department of Public Works)
The bus pullout area / right-of-way shall be dedicated on the final plat. Furthermore, the
applicant shall show details of the bus pullout on the Road Plan & Profile. (Department of
Public Works)
J. Appropriate referral agencies shall be contacted regarding the bus pullout, especially the
school district of jurisdiction. The applicant shall provide to the Public Works Department
written documentation regarding this issue along with the final plat application materials.
(Department of Public Works)
K. Roadway and grading plans along with construction details will be required with the final plan
submittal. (Department of Public Works)
L. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Public Works)
M. The applicant shall prepare a construction detail for typical lot grading with respect to
drainage with the final plan application. Front, rear and side slopes around building
envelopes must be addressed. In addition, drainage for rear and side lot line swales shall
be considered. Building envelopes must be planned to avoid storm water flows,while taking
into account adjacent drainage mitigation. (Department of Public Works)
N. Final drainage construction and erosion control plans, conforming to the drainage report,
shall be submitted with the final plat application. (Department of Public Works)
O. The applicant shall submit evidence that 1/2 share of Highland ditch water has been
transferred to the Stamp Minor Subdivision Homowners Association prior to recording the
final plat. (Department of Planning Services)
P. 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)
Stamp(MZ-1017),page 7
' DEPARTMENT OF PLANNING SERVICES
I �. PHONE (970)
FAX (970) 304-6498
6 15551 7TH AVENUE
COLORADO GREELEY, COLORADO 80631
May 2, 2003
Jeff Stamp
do Todd Hodges Design LLC
1269 N. Cleveland Avenue
Loveland, CO 80537
Subject: MZ-1017- Request for a Minor Subdivision Change of Zone from A(Agricultural)to E(Estate)for nine (9)
lots on a parcel of land described as Lot B of RE-2462; part SW4 Section 36,T4N, R68W of the 6th P.M.,
Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for June 17, 2003, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 CR 24 'A, Longmont, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Berthoud,Johnstown and Mead Planning Commission for their review
and comments. Please call Berthoud at(970)532-3754,Johnstown at(970)587-4664 and Mead at(970) 535-4477,
for further details regarding the date,time,and place of this meeting. It is recommended that you and/ora representative
be in attendance at the Berthoud, Johnstown and Mead Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the -
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter,please call.
Respectfully,
ptf
Sheri Lockman
Planner
SHERI Lockman - Re: Goodmorning. I have finally opened Stamp Minor and startedcomments. Just to let you know I do tie 1
From: "Todd Hodges Design, LLC" <toddhodgesdesign@earthlink.net>
To: "SHERI Lockman" <SLOCKMAN@co.weld.co.us>
Date: 6/4/03 12:47PM
Subject: Re: Goodmorning. I have finally opened Stamp Minor and startedcomments. Just to let
you know I do not h
Thanks Sheri,
ON oil and gas, if you lay out the possible drill sites for the 1/4 section,
there are none that fall on this property. We will call the health
department and follow up also.
Call or email if you have any questions. Have a good day.
Todd A. Hodges, ASLA
Todd Hodges Design, LLC
(970)613-8556
fax: (970)613-8775
Original Message
From: "SHERI Lockman" <SLOCKMAN@co.weld.co.us>
To: <toddhodgesdesign@earthlink.net>
Sent: Wednesday, June 04, 2003 10:38 AM
Subject: Goodmorning. I have finally opened Stamp Minor and startedcomments.
Just to let you know I do not h
Goodmorning. I have finally opened Stamp Minor and started comments. Just to
let you know I do not have a referral from Health Dept. I did send her an
e-mail and hope to get their comments soon. I just wanted to ask about how
you are going to handle oil and gas. I see that the State is the only
mineral owner and you have sent them the 30 day notice. I don't see any
existing structures or future drilling sites. What are you proposing?
CC: "Anne Johnson @ Todd Hodges Design, LLC" <annejohnson@gwest.net>, "Jeff Stamp"
<ajstamp@starband.net>
1
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FIELD CHECK inspection date:
CASE NUMBER: MZ-1017
APPLICANT: Jeff Stamp
LEGAL DESCRIPTION: Lot B RE-2462; Pt. SW4 Section 36, T4N, R68W of the 6th P.M.,
Weld County, CO
LOCATION: North of and adjacent to County Road 38; % mile west of County Road 13
Zoning Land Use
N A (Agricultural) N 31F P ) (�q
E A (Agricultural) E � (and 3 00�y�1 y ( (alacl
S A (Agricultural) S Ra3
s
W A (Agricultural) W Rcj ) Les
COMMENTS:
CLCCess is qDoc(
bc) LE51- 16s 0461.
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