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APPLICATION FLOW SHEET
COLORADO
APPLICANT: Felix Martinez,Roger,Roger A.and Michelle Trujillo,Jess Ross,Gary&Cynthia Death,Max Martinez,
Dale Howell and William Elwood
CASE#: RS-1031
REQUEST: A Resubdivision for the Redesign,Addition and Vacation of Lots.The Resubdivision will vacate Lots
17 through 3.0,Block P from Evans Addition.The vacated lots will be combined with Wolf Gardens and
.,Wolf Gardens will be redesigned. 17 5
LEGAL: Lots 17 through 37, Block P, Evans Addition and the South 1 3 feet of Block 5 and all of Block 6,
Wolf Gardens Subdivision;all being a part of the SW4 Section 30,T2N, R67W of the 6th P.M.,Weld
County, Colorado
LOCATION: East of and adjacent to Johnson Street and south of and adjacent to Koch Avenue
PARCEL ID#: 1311 30 314016,1311 30 314010,1311 30 314002,1311 3014003,1311 30314020, 1311 30314009,
1311 30314017, 1311 30314019 and 1311 30314018
DATE BY
Application Received Jan.23, 2003 SL
Application Complete Jan.24, 2003_ SL
PC Hearing Date: Action: N/A
Utility Board Date: Feb. 13, 2003
PC Sign to be Posted By: N/A
PC Sign Posted N/A
Referrals Listed
File Assembled 2003 %
Referrals Mailed
Chaindexed
Letter to Applicant Mailed
Date Public Notice Published in County Newspaper
Surrounding Property& Mineral Owners Notified
Planning Technician Maps Prepared
Field Check by DPS Staff
Planning Commission Resolution Sent to Applicant
Planning Commission Meeting Minutes Filed in Case
Case Sent to Clerk to the Board �/ `� /'
CC Hearing: /4' ,73 Action: motif I �7 —/ 3
CC Sign to be Posted By:
CC Sign Posted
Plat and/or Resolution Recorded •
Recorded on Maps and filed
Overlay Districts Geologic Yes_x_
Zoning Agricultural Flood Hazard Yes No_x_
Airport Yes No_x_ Panel#080266 0863 C
Road Impact Area_3_ - .-__`
' LAND USE APPLICATION
.-� ���'D�• SUMMARY SHEET
COLORADO
Case Number: RS-1031 Hearing Date: April 12003
Applicants: Felix Martinez, Roger, Roger A. and Michelle Trujillo, Jess Ross, Gary&Cynthia Death,
Max Martinez, Dale Howell and William Elwood
Planner: S Lockman
Request: A Resubdivision for the Redesign,Addition and Vacation of Lots. The Resubdivision will
vacate Lots 17 through 30, Block P from Evans Addition. The vacated lots will be
combined with Wolff Gardens and Wolff Gardens will be redesigned.
Legal Description: Lots 17 through 30, Block P, Evans Addition and approximately the South 175 feet
of Block 5 and all of Block 6, Wolff Gardens Subdivision; all being a part of the
SW4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to Johnson Street and south of and adjacent to Koch Avenue, Town
of Frederick
Parcel #: 1311 30 314016, 1311 30 314010, 1311 30 314002, 1311 30 14003, 1311 30 314020,
1311 30 314009, 1311 30 314017, 1311 30 314019 and 1311 30 314018
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Resubdivision is listed in Section 24-5-10 of the Weld County Code.
The Department of Planning Services' Staff has received responses from the following agencies:
• Weld County Department of Public Health and Environment, referral received 3/5/2003
• Weld County Department of Public Works, referrals received 2/26/2003
• Frederick Fire Protection District, referral received 2/14/2003
• Longmont Soil Conservation District, referral received 2/18/2003
• City of Dacono, referral received 2/12/2003
• Weld County Zoning Compliance, referral received 2/12/2003
• St. Vrain Valley School District, referral received 2/6/2003
• Town of Firestone, referral received 2/20/2003
• Town of Frederick, referral received 3/7/2003
• Weld County Department of Building Inspection, referral received 3/5/2003
The Department of Planning Services' Staff has not received responses from the following agencies:
• Weld County Assessors Office
• Sullivan Ditch company
• Weld County Sheriffs Office
RS-1031 Evans Add./Wolff Gardens Resub Page 1
2003-0775
ftRESUBDIVISION FOR
REDESIGN, ADDITION OR VACATION
ADMINISTRATIVE REVIEW
COLORADO
Case Number: RS-1031 Hearing Date: April 16, 2003
Applicants: Felix Martinez, Roger, Roger A. and Michelle Trujillo, Jess Ross, Gary&Cynthia
Death, Max Martinez, Dale Howell and William Elwood
Planner: S Lockman
Request: A Resubdivision for the Redesign, Addition and Vacation of Lots. The Resubdivision
will vacate Lots 17 through 30, Block P from Evans Addition. The vacated lots will be
combined with Wolff Gardens and Wolff Gardens will be redesigned.
Legal Description: Lots 17 through 30, Block P, Evans Addition and approximately the South 175
feet of Block 5 and all of Block 6, Wolff Gardens Subdivision; all being a part of
the SW4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to Johnson Street and south of and adjacent to Koch Avenue,
Town of Frederick
Parcel #: 1311 30 314016, 1311 30 314010, 1311 30 314002, 1311 30 14003, 1311 30 314020,
1311 30 314009, 1311 30 314017, 1311 30 314019 and 1311 30 314018
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 24-5-40.B 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 24-5-40.C.2 of the Weld County Code, as follows:
A. Section 24-4-40E.6.a. -- That the proposed subdivision is located within an urban growth
boundary area as defined and adopted in any approved intergovernmental agreement, or as
defined in Chapter 22 of this Code.
The site is within the intergovernmental agreement boundary of the town of Frederick.
B. Section 24-4-40E.6.b. -- Compliance with Chapter 24 and 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 municipalities.
The proposed resubdivision will correct numerous illegal lots. Further,lot lines will be amended
so that structures are not bisected, and if possible, meet the offset and setback requirements
RS-1031 Evans Add./Wolff Gardens Resub Page 2
of Section 23-3-50 of the Weld County Code. The Town of Frederick, which is adjacent to the
east, indicated in a referral response dated March 7,2003 that the Town does not have conflict
with the resubdivision. However, Frederick will not allow access onto Aspen Drive prior to the
lots annexing into the Town. The Town of Firestone indicated no comment and the City of
Dacono stated the proposal does not conflict with their interests.
C. Section 24-4-40E.6.c. — That comments received from referral agencies have been addressed,
if applicable.
Referral comments, including those regarding access, easements, storm water drainage and
noxious weeds, have been incorporated into the Conditions of Approval.
D. Section 24-4-40E.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 existing residences are serviced by Central Weld County Water District.
E. Section 24-4-40E.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 at
the time of submission of the subdivision.
The existing residences are serviced by Frederick Sanitation District.
F. Section 24-4-40E.6.f. — That streets within the subdivision are adequate in functional
classification,width and structural capacity to meet the traffic requirements of the subdivision.
Currently the residential lots are accessing west onto Johnson Street. The Town of Frederick
has indicated that access to the east to Aspen Drive will not be allowed prior to the lots
annexing into the Town.
G. Section 24-4-40E.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.
No concerns regarding off-site street or highway facilities have been raised.
H. Section 24-4-40E.6.h. — That facilities providing drainage and storm water management are
adequate.
The Department of Public Works has required a note on the plat which states that the historical
flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off.
Section 24-4-40E.6.i. — 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 proposal will not increase the impact on service providers.
RS-1031 Evans Add./Wolff Gardens Resub Page 3
n
J. Section 24-4-40E.6.j. — That the subdivision will not cause air pollution violations based on
Colorado Department of Health standards.
The proposal will not increase the existing impact on air pollution.
K. Section 24-4-40E.6.k. — The subdivision conforms to the subdivision design standards of
Article VII.
It is not physically possible for the existing subdivision to meet many of the design standards.
However,the proposal will help with conformance of some of the standard,such as easements,
overlay districts and underground utilities.
L. Section 24-4-40E.6.l. — The subdivision will not have an undue adverse effect on wildlife, its
habitat, the preservation of prime agricultural land and historical sites.
This criteria is not applicable given the urban nature of the area.
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 Resubdivision Plat:
A. All plats shall be labeled RS-1031, Resubdivision of Wolff Gardens and Evans Addition.
B. The plat shall be amended to include all utility easements required by the Utilities Coordinating
Advisory Committee.
C. The new legal description for the five northern lots will be Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5 of
Block 5, Wolff Gardens. The new legal description for the three southern lots will be Lot 1, Lot
2 and Lot 3 of Block 6, Wolff Gardens. The plat will be labeled accordingly.
D. The two commercial semi trucks located on parcel number 1311 30 314019 must be removed
from the property. All other items considered to be part of a noncommercial junkyard must also
be removed from the property or screened from adjacent properties and public rights-of-way.
E. The Town of Frederick has indicated that access onto Aspen Drive will not be allowed prior to
the lots annexing into the Town.The two northeastern most lots must cross adjacent properties
to access from Johnson Street. The applicant shall submit an access plan to the Departments
of Planning Services and Public Works for review and approval.
F. Upon completion of the resubdivision, two homes will be located on parcel number 1311 30
314017. The property owner will submit a Non-Conforming Use application for one of the two
homes on the lot. The home designated non-conforming will be noted on the plat.
G. Parcel number 1311 30 314017 currently has a engine repair shop operating from the site.The
property owner shall submit a Use by Special Review application or remove the business from
the site.
H. Upon completion of the survey,property owners of structures which are determined to not meet
the offset or setback requirements of Section 23-3-50 of the Weld County Code must submit
a Non-Conforming Use application. The structures shall be noted on the plat as non-
conforming.
RS-1031 Evans Add./Wolff Gardens Resub Page 4
Utilities which cross parcels they do not serve must be noted on the plat.
J. The plat shall indicate any existing tank battery or wellhead and the required setback as
indicated in Section 23-3-50.E of the Weld County Code.
K. The following notes shall be placed on the plat prior to recording:
1) Upon the completion of this Resubdivision, all reconfigured lots will be exclusively within
Wolff Garden.
2) Upon completion of this Resubdivision, all reconfigured lots will be vacated from Evans
Addition.
3) All structures that do not meet the required offset or setback requirements of Section 23-3-
50 of the Weld County Code are considered non-conforming structures and must adhere
to Section 23-7-40 of the Weld County Code.
4) Pursuant to Chapter 15,Articles I and II of the Weld County Code, if noxious weeds exist
on the property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
5) The historical flow patterns and run-off amounts will be maintained on site in such a
manner that will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
6) All construction or improvements occurring in a geological hazard area as delineated by
the Colorado Geological Survey shall comply with Overlay District requirements of Chapter
23, Article V, Division 2 of the Weld County Code.
7) All utility easements as designated on the resubdivision plat which are currently located
under existing structures may not be utilized until such time that the structures are
removed.
8) New utilities are encouraged to be located within designated utility easements.
9) Prior to construction, property owners must contact the Frederick/Firestone Fire
Protection District to determine Fire District requirements.
10) All lots shall access onto Johnson Street.
11) No building or structure as defined and limited to those occupancies listed as Groups A,
B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed
within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any
construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead
shall require a variance from the terms of the Section 23-6-10 of the Weld County Code.
L. The applicant shall submit two paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services
M. The applicant shall create a digital file of all drawings associated with the Resubdivision
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).A copy shall be
RS-1031 Evans Add.molff Gardens Resub Page 5
submitted to the Weld County Department of Planning Services at the time of Mylar plat
submittal.
2. Upon completion of items 1.A through 1.L 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 24-4-40.D.6 through D.11 of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within sixty (60)days
from the date of the Board of County Commissioners resolution. The applicant shall be responsible
for paying the recording fee.
r.
r
RS-1031 Evans Add./Wolff Gardens Resub Page 6
Q DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
304-
F5 XN. 7T AVENUE
9E
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
January 29, 2003
Felix Martinez
2111 Blue Mountain Road
Ldngmont, CO 80504
Subject: RS-1031- A Resubdivision for the Redesign, Addition and Vacation of Lots 17 through 30,
Block P from Evans Addition. The vacated lots will be combined with Wolf Gardens and
Wolf Gardens will be redesigned, on a parcel of land described as Lots 17 through 30, Block
P, Evans Addition and the South 109.3 feet of Block 5 and all of Block 6, Wolf Gardens
Subdivision; all being a part of the SW4 Section 30, T2N, R67W of the 6th P.M., Weld
County, Colorado
Dear Mr. Martinez:
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 Utilities Advisory Committee for
Thursday, February 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 Frederick, Firestone, and Dacono Planning Commission's for their review and
comments. Please call Town of Frederick at 303-833-2388; Town of Firestone at 303-833-3291; and City
of Dacono at 303-833-2317, for information regarding the date, time and place of these meetings 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.
If you have any questions concerning this matter, please feel free to call me.
Sincerely,
��,,��jj
1-441
heri Lockman
Planner
FIELD CHECK inspection date:2/6/2003
CASE NUMBER: RS-1031 •
APPLICANT: Felix Martinez, Roger, Roger A. and Michelle Trujillo, Jess Ross, Gary & Cynthia
Death, Max Martinez, Dale Howell and William Elwood
LEGAL DESCRIPTION: Lots 17 through 30, Block P, Evans Addition and the South 109.3
feet of Block 5 and all of Block 6, Wolf Gardens Subdivision; all
being a part of the SW4 Section 30, T2N, R67W of the 6th P.M.,
Weld County, Colorado
Location: East of and adjacent to Johnson Street and south of and adjacent to Koch
Avenue
Zoning Land Use
N A (Agricultural) N Residential
E A (Agricultural) E Residential
S A (Agricultural) S Residential
W A (Agricultural) W Residential
COMMENTS: The largest Lot (Martinez) has two semi trailers parked
in the southeast corner and a minor non-commercial
junkyard (piles of building supplies). The lots along
Johnson Street are well maintained. It is questionable if
the homes meet setbacks. A small engine repair shop is
being operated from an outbuilding. The street on the
east side is one way.
41l ii/ /6( /1 7/1
Sheri Lockman , Planner II
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