HomeMy WebLinkAbout20011846.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
AGAINST ELVA GRIFFITH, C/O MIKAL TORGERSON AND BRUCE GRIFFITH
FOR VIOLATION OF THE WELD COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Elva Griffith, Go Mikal Torgerson and Bruce Griffith, VI #0100206, is
allegedly in violation of the Weld County Code, and
WHEREAS, on the 10th day of July, 2001, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Bruce Griffith, representative for Elva Griffith, property owner, was present
at said hearing, and
WHEREAS, at said hearing of July 10, 2001, the Board of County Commissioners
determined the property owner has applied for a Change of Zone and will discontinue utilizing
the camper trailer as soon as elk calving season ends, and deemed it advisable to dismiss said
matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0100206 against Elva Griffith, Go Mikal Torgerson and Bruce
Griffith be, and hereby is, dismissed.
2001-1846
PL0824
pe.• P, e4 42/
VIOLATIONS-VI #0100206 - ELVA GRIFFITH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of July, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: gel, / I� t l E z �(lf/
Weld County Clerk tot ' „� �1861 eatiOkiCMir
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Glenn Vaad, Pro-Tem
BY: ,.i. ,i •
Deputy Clerk to the �'�%
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APP M: �c� _;y
vi E. Lon
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C my Attorney
Robed D. Masden
2001-1846
PL0824
DATE: July 6, 2001
VIOLATION NUMBER: VI-0100206
NAME: Elva Griffith c/o Mikal Torgerson and Bruce Griffith
ADDRESS: Mikal Torgerson = 211 Jefferson, Fort Collins, CO 80524
Bruce Griffith= 2910 SE Frontage Road, Fort Collins, CO 80525
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Part of the S2 of Section 32, TBN, R66W, of the 6`" P.M. ,
Weld County, Colorado
PARCEL NUMBER: 0553-32-0-00-040
CASE SUMMARY
May 8, 2001 Letter sent to applicant by Sheri Lockman, Planner II
advising of violation.
June 21, 2001 Letter received from Mr. Griffith for staff consideration.
June 22, 2001 Staff reviewed letter.
July 2, 2001 Mr. Griffith came to the office, signed waiver of
notification for violation hearings.
July 5, 2001 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
Currently, there is a violation of Chapter 23, Article III (3) , Division 1,
Sections 23-3-20, 23-3-30 and 23-3-40 and the definition of RECREATIONAL VEHICLE
of the Weld County Code. To bring the property into compliance the property
owner shall remove the camper/trailer from the property, discontinue utilizing
the camper/trailer as a dwelling unit or obtain a building permit for a residence
and thus obtain a Zoning Permit for a "Temporary During Construction" .
The Department of Planning also recommends that the County Attorney authorize
legal action against any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active concert
with the identified parties.
2001-1846
(71„t ‘a."
DEPARTMENT OF PLANNING SERVICES
111 D' Code Compliance Division
C WWW.CO.WELD.CO.US
US
OE-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone Fax (970) 304-6498
July 5, 2001
Mr. Bruce Griffith
2910 SE Frontage Road
Fort Collins, CO 80525
Elva Griffith
do Mikal Torgerson
211 Jefferson
Fort Collins, CO 80524
Subject: VI-0100206, Part of the S2 of Section 32, T8N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. Griffith and Mr. Torgerson:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on July 10,2001,at 10:00 a.m.,to consider the violations occurring on the
property. As we discussed the above mentioned property is in violation of the following Section(s)of the Weld
County Code:
Chapter 23,Article III,Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
To bring the property into compliance the following option(s)are available:
While I realize that you are using the camper/trailer for"Agricultural"purposes,the Weld County Code does not
make allowances for camper/trailers to be utilized for this purpose. In order to bring your property into compliance
the camper/trailer shall be removed or discontinue the use as an overnight dwelling unit. You previously indicated
that you are splitting the land so you can build a house to live there.Another option would be to submit a building
permit for a house. A camper/trailer can be utilized as a'Temporary During Construction". In order to obtain that
status the following items shall be submitted:
1)A building permit for a principle dwelling unit(house)(fee unknown till application received).
2)A Zoning Permit for a'Temporary During Construction"($50.00 fee).
The only other way to possibly allow this temporary use would be if the Board of County Commissioners allows the
temporary use as we previously discussed.
This meeting will take place in the County Commissioners'Hearing Room, First Floor,Weld County Centennial
Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance
to answer any questions the Board of County Commissioners might have about the violations.
Please also be advised that I will betaking video from the road or adjacent properties the day before the Violation
Hearing (indicated above).
The Department of Planning Services' staff will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that
you were made aware of the nature of the violation including the action necessary to correct the violation,and
that you were given sufficient time to remedy this violation. If you have any questions concerning this matter,
please call me.
Sincerely,
Bethany Salz
Zoning Compliance Officer
pc: VI-0100206
Sheri Lockman, Planner(S-589)
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
I hereby waive the 10 days notification for the violation hearings scheduled for July 10, 2001.
Ca) Q
�. Yti c}� lC ✓e
7/2/01 "
Please print name Today's date
c.
Please sign n e
MEMORANDUM
To: Mr. Bruce Griffith June 22, 2001
From: Bethany Salzman, Zoning Compliance Officer
COLORADO Subject: Staff's findings
As we previously discussed,your letter was submitted to staff for discussion on June 22, 2001. Staff determined
that even though you utilize the camper/trailer as an agricultural implement, it still is a camper/trailer. Per the
Weld County Code under definitions as shown below camper/trailers are not an approved use for a Temporary
Accessory to the Farm:
RECREATIONAL VEHICLE:A transportation STRUCTURE or self-propelled vehicle with or without
flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel,
recreation or vacation USES. The term RECREATIONAL VEHICLE shall include: motor home,
camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not
extend above the cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall
be subject to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when
its placement is intended for non-transient residency. A RECREATIONAL VEHICLE shall not be used
for TEMPORARY Storage, TEMPORARY ACCESSORY Farm USE, TEMPORARY ACCESSORY USE
During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE or as a Principal
DWELLING UNIT.
If you have any questions,please feel free to contact me at your convenience at 970-353-6100,ext. 3540. Thank
you for taking the time to write a letter for staff's review.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Weld County Planning Dept.
6/20/01 2 1 2001
RECEIVED
To Whom It May Concern:
I am writing to explain the issue of camp trailers on the property, on County Road 86. A
sketch plan for the Griffith Miner Subdivision was submitted and the comment was made
about the trailers not being in compliance. Both are basically being stored there other
than the big trailer is being used as a place to stay at night during our elk calving time.
We have to check the cows every two hours and both my partner and I live in Fort
Collins. We only use it at night. It is not used as a residence in fact all we have hooked
up to it is electricity. Calving runs front approximately May 15th thru July 31, after
which the trailer would only be used for getting out of the weather.
I hope this solves the trailer issue and will not hold up any-change of zone application
any further.
Sincerely,
Bruce Griffith
(970)2154792—T hr, e'T
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submitting the Change of Zone application.
Application materials indicate sewer service is to be provided by individual Sewage Disposal
Systems. In a referral dated April 30, 2001 the Weld County Department of Public Health and
Environment indicated that the minor subdivision has satisfied Chapter 24 of the Weld County
Code in regard to water and sewer service. The minimum proposed lot size (5.0 acres) coupled
with the overall cersity of one septic system per 16.1 acres meets the current Health Department
policy. The data included in the review of the U.S.D.A. Soil Survey conducted by Advanced
Professional Engineering, Inc., supports the use of conventional septic systems, although
underlying sandstone is anticipated on portions of the site. Because of the natural depression on
the two western lots, care will be necessary in siting the septic envelopes to prevent the potential
flooding of the septic systems.
in a referrai response dated April 16, 2001, the Colorado Geological Survey (C.C.S.)stated that
depth to bedrock and watertahie will need to be established for each tot to determine the type and
location of each septic system. The Soil Survey describes the soil in the northern half of this site
as having bedrock within 60"of the surface. if this is the case,the potential for water ponding exists
and poses a possible limitation for septic systems.
In a referral dated March 27, 2001 from the Weld RE-9 School District, the District requests
payment of an appropriate cash-in-lieu of land dedication in the amount of $759 per
Estate/Residential lot. Evidence that an agreement has been made with the school district will be
required prior to recording the final plat.
On March 21, 2001 Planning Staff did a field check of the site.Two travel trailers were located on
the lot.One appeared to be currently occupied. Planning Staff could not locate any permits allowing
the trailer to be used as a residence. The applicant shall contact our office to discuss options
regarding residing on the site in accordance with the Weld County Code. Please contact Bethany
Salzman, Code Compliance Officer, regarding non-compliance with the Weld County Code. A
Change of Zone application will not be accepted until this Issue is resolved.
STREET/UTILITY/ACCESS STANDARDS
Section 24-3-60.1.6 of the Weld County Code indicates that the County should review and
determine that all road, street, or highway facilities are adequate in wlcth, structural capacity, and
classification to meet the traffic requirement of the minor subdivision. In a referral response dated
March 30, 2001,the Wald-County Department of Public Works requires the internal roadway to be
constructed of four(.t) Inches of ABC class 6 gravel, twenty-six(26)feet wide with a cul-de-sac at
the end.The cul-de-sac shall have a sixty-five(65)foct right-of-way radius and a fifty(50)foot edge
of gravel radius. Section 24-3-60.1.1 2 of the Weld County Code requires ingress and egress to all
lots within the minor subdivision to be from an internal road circulation system.
Section 24-3-60.1.7 of the Weld County Code requires the County to ensure 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 requirement of the minor subdivision.
The County will, as a condition of and development, require improvement of roads, street, or
highway facilities when dictated by traffic demand and land development patterns. The property
under consideration is accessed from Weld County Road 86, which is designated on the
Transportation Plan Map as a locai road, which requires 60 feet of right-of-way at full build out.
The developer shall dedicate the north thirty(30)feet of Weld County Road 66 to the county. This
S-589, Grfl th Minor Subdmsion Page 3
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
"lige 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
•
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
❑ ZONING CODE COMPLAINT o Staff/Name: ❑ Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
G r Date Complaint was received:
Pending Case#(i.e.USR,RE, SE,ect...):� `,�
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Legal Description: pm cc- SmY$t3 r'(Oly Parcel#: (• 'J• \52.'C)•On•040
Violation Address:
•
Property Owners Name: Gil iVgn•kil1, time Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address: -
NATURE OF COMPLAINT:
Complaint Referred To: Date:
Complaint Referred To: Date:
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DEPARTMENT OF PLANNING SERVICES
1555 N. 17`"AVENUE
GREELEY, COLORADO 80631
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WEBSITE: ww.co.weld.co.us E-MAockman@co.weld.co.us
C. PHONE I (970)1 353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
May 8, 2001
Elva Griffith
c/o Mikal Torgerson
211 Jefferson
Fort Collins, CO 80524
RE: S-589, Griffith Minor Subdivision Sketch Plan for 5 residential lots on 80.3177 acres
described as part of the SW4 of Section 32, T8N, R66W of the 6th P.M., Weld County,
Colorado
Dear Ms. Griffith:
The Department of Planning Services' staff and various referral agencies have reviewed your
Sketch Plan application. Comments made during the Sketch Plan phase of minor subdivision and
agency referral responses may not be all inclusive, as other concerns or issues may arise during
the remaining application processes.
Copies of the following referral agency comments are enclosed with this letter
Weld County Department of Public Health and Environment, referral received 4/30/2001
• Weld County Department of Public Works, referral received 3/3/2001
Colorado Geological Survey, referral received 4/19/2001
• Highland School District, referral received 3/30/2001
Weld County Sheriffs Office, referral received 4/17/2001 •
• West Greeley Soil Conservation District, referral received 3/28/2001
• Weld County Building Inspection Department, referral received 4/3/2001
Town of Pierce, referral received 3/28/2001
• Town of Ault, referral received 4/16/2001
• Weld County Department of.Zoning Compliance, referral received 4/25/2001
5589, Griffith Minor Subdivision Page 1
OVERVIEW
The site is zoned Agricultural and is located north of and adjacent to Weld County Road 86; 3/4
mile west of Weld County Road 29. The site currently has two travel trailers and two sheds.
The Minor Subdivision Sketch Plan proposes 5 residential lots on 80.3177 acres with an average
lot size of 16 acres. Four of the lots are approximately 5 acres, the fifth lot is approximately 60
acres. The four smaller lots are compatible with the intent and uses allowed in the E (Estate) Zone
District as set forth in Article III, Division 5 of the Weld County Code. The 60 acre lot is not
compatible with the Estate Zone District size which has a maximum size limitation of twenty (20)
acres nor is it compatible with the Agricultural Zone District which has a minimum lot size limitation
of eighty (80) acres. The proposed lots would be bound to adhere to the respective zone district
requirements, including setback, offsets, lot size, number of animal units„ building height and
square footage and any other applicable standards. The minor subdivision application procedure
does not allow for variance from the zone district bulk requirements that a Planned Unit
Development application would allow.
The Department of Planning Services' staff and referral agencies have reviewed your application
for a sketch plan on the above described parcel. Planning staff comments are based upon
consistency with Chapters 22; 23, 24 of the Weld County Code, and any adopted
intergovernmental agreements, or master plans of affected municipalities.
Adherence to Chapter22 of the Weld County Code,Comprehensive Plan,Goals and Policies
A.Goal 1-"Preserve prime farmland for agricultural purposes which foster the economic health and
continuance of agriculture." The preservation of prime farmland is one of the primary goals of
Chapter 22 of the Weld County Code.The proposed minor subdivision site is designated as"Prime
if they become irrigated" and a small portion of"Other" by the USDA Soil Conservation Service,
Important Farmland of Weld County Map, dated 1979.
A.Goal 3 -"Discourage urban-scale residential, commercial, and industrial development which is
not located adjacent to existing incorporated municipalities." The proposal is not adjacent to an
existing municipality. Chapter 23 of the Weld County Code defines non-urban scale development
as developments comprising of nine or less residential lots, located in a non-urban area as defined
by Section 22 of the Weld County Code, not adjacent to other PUD's, subdivisions, municipal
boundaries or urban growth corridors.
P.Goal 2 requires adequate facilities and services to assure the health, safety,and general welfare
of the present and future residents of Weld County. Prior to proceeding to the Change of Zone
phase, a Water Supply Information Summary shall be submitted with the Change of Zone
application for review and approval by the Office of the State Engineer, Division of Water
Resources. Section 24-3-60.1.3 of the Weld County Code requires that provisions be 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. Application materials indicate water service is
to be provided by North Weld County Water District. Appropriate documentation shall be provided
which indicates not only that taps are available, but provide assurances that these connections will
be made. The style of assurance may take several forms, however pre-purchase of taps, line
extension agreements, tap service agreements, or another form of"participation agreement"will
be acceptable. The agreements shall be approved by the Weld County Attorney's Office prior to
S-589, Griffith Minor Subdivision Page 2
submitting the Change of Zone application.
Application materials indicate sewer service is to be provided by Individual Sewage Disposal
Systems. In a referral dated April 30, 2001 the Weld County Department of Public Health and
Environment indicated that the minor subdivision has satisfied Chapter 24 of the Weld County
Code in regard to water and sewer service. The minimum proposed lot size (5.0 acres) coupled
with the overall density of one septic system per 16.1 acres meets the current Health Department
policy. The data included in the review of the U.S.D.A. Soil Survey conducted by Advanced
Professional Engineering, Inc., supports the use of conventional septic systems, although
underlying sandstone is anticipated on portions of the site. Because of the natural depression on
the two western lots, care will be necessary in siting the septic envelopes to prevent the potential
flooding of the septic systems.
In a referral response dated April 16, 2001, the Colorado Geological Survey (C.G.S.) stated that
depth to bedrock and watertable will need to be established for each lot to determine the type and
location of each septic system. The Soil Survey describes the soil in the northern half of this site
as having bedrock within 60"of the surface. If this is the case,the potential for water ponding exists
and poses a possible limitation for septic systems.
In a referral dated March 27, 2001 from the Weld RE-9 School District, the District requests
payment of an appropriate cash-in-lieu of land dedication in the amount of $759 per
Estate/Residential lot. Evidence that an agreement has been made with the school district will be
required prior to recording the final plat.
On March 21, 2001 Planning Staff did a field check of the site. Two travel trailers were located on
the lot.One appeared to be currently occupied. Planning Staff could not locate any permits allowing
the trailer to be used as a residence. The applicant shall contact our office to discuss options
regarding residing on the site in accordance with the Weld County Code. Please contact Bethany
Salzman, Code Compliance Officer, regarding non-compliance with the Weld County Code. A
Change of Zone application will not be accepted until this issue is resolved.
STREET/UTILITY/ACCESS STANDARDS
Section 24-3-60.1.6 of the Weld County Code indicates that the County should review and
determine that all road, street, or highway facilities are adequate in width, structural capacity, and
classification to meet the traffic requirement of the minor subdivision. In a referral response dated
March 30, 2001,the Weld County Department of Public Works requires the internal roadway to be
constructed of four(4) inches of ABC class 6 gravel, twenty-six(26)feet wide with a cul-de-sac at
the end.The cul-de-sac shall have a sixty-five(65)foot right-of-way radius and a fifty(50)foot edge
of gravel radius. Section 24-3-60.1.12 of the Weld County Code requires ingress and egress to all
lots within the minor subdivision to be from an intemal road circulation system.
Section 24-3-60.1.7 of the Weld County Code requires the County to ensure 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 requirement of the minor subdivision.
The County will, as a condition of land development, require improvement of roads, street, or
highway facilities when dictated by traffic demand and land development patterns. The property
under consideration is accessed from Weld County Road 86, which is designated on the
Transportation Plan Map as a local road, which requires 60 feet of right-of-way at full build out.
The developer shall dedicate the north thirty (30)feet of Weld County Road 86 to the county. This
S-589, Griffith Minor Subdivision Page 3
right-of way shall be dedicated free of encumbrances. In a referral response dated March 30,2001,
the Weld County Department of Public Works indicates that the project will add approximately fifty
(50) additional vehicle trips per day (vpd)to the nearby roadway system. Several roadways in this
area are near or over the allowable 200 vpd allowed by the Environmental Protection Agency. The
developer will need to provide a traffic study that addresses how they will mitigate their traffic
impact with the Change of Zone application.
Section 24-3-60.1.8 of the Weld County Code requires that the construction, maintenance, snow
removal and other matters pertaining to or affecting the road and rights-of-way for the minor
subdivision to be the sole responsibility of the land owners within the minor subdivision. All access
roads within the minor subdivision shall be considered a separate lot, to be maintained by the
Homeowners Association. The applicant shall incorporate the land owners responsibilities for both
the interior road, into the covenants.
In a referral response dated April 10, 2001, the Weld County Sheriff's Office is requiring the access
be prominently marked with signage to enable emergency responders to quickly identify all
addresses located in the minor subdivision. Ideally, signage would be in graphical form
representing access placement on the private drive. Lot addresses shall be prominently displayed
at the entrances to the lot and clearly visible during hours of darkness. Further, lot owners should
be informed that the Sheriffs Office has significant enforcement limitations on private drives.
All permanent signs and sign structures shall be delineated on the plat and require building permits.
A stop sign and street name sign shall be required to be posted at the intersection with Weld
County Road 86 prior to construction. A street name that does not duplicate any others in the
district shall be listed on the Change of Zone plat. Property addresses shall also be posted prior
to construction. Speed limit signs shall be required at the entrances to the subdivision.
The applicant shall incorporate a bus stop/mail area at the entrance to the minor subdivision.
The applicant has provided a preliminary drainage report study that the Weld County Department
of Public Works has found to be unacceptable. The drainage report shall be revised to•provide
drainage for lot 5 and the roadway.
The Weld County Department of Public Works is requiring a drainage report signed by a
professional engineer licensed in the State of Colorado be submitted with the Change of Zone
application.
Questions regarding transportation and drainage issues should be directed to Diane Houghtaling,
Traffic Engineer for the Weld County Department of Public Works.
Section 22-3-50.B.1 of the Weld County Code requires adequate facilities and services to assure
the health,safety,and general welfare of the present and future residents of Weld County.The Ault
Fire Protection District did not respond to the referral request. The applicant shall submit evidence
with the Change of Zone application that indicates all Fire District concerns have been addressed.
Section 24-7-60 of the Weld County Code dictates utility easement standards for county
subdivisions.These standards are strictly enforced by the Weld County Utility Advisory Committee,
requiring a minimum width of twenty(20)feet apportioned equally on side and rear lot lines within
the development, and a minimum of fifteen (15) feet allocated along front lot lines. Future
submittals shall include the delineation of utility easements on each lot as required.
S-589, Griffith Minor Subdivision Page 4
Public Service Company and Conoco have existing pipelines along Weld County Road 86. The
applicant shall contact Public Service Company at 1-800-922-1987 and Conoco at 1-800-231-2551
to discuss possible conflicts with the minor subdivision proposal. The applicant shall include in
future applications a copy of an agreement with Public Service Company and Conoco stipulating
that their concerns have adequately been incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate their concerns.
LANDSCAPING/HOMEOWNERS ASSOCIATION
A Homeowners Association shall be established before any residences are sold, and membership
in the Association is mandatory for each residential owner. The Homeowners Association is
responsible for liability insurance,taxes and maintenance of landscaping, street(s), private utilities
and other facilities.
The Weld County Department of Public Works has required that all landscaping in the intersection
sight distance triangles be less than 3.5 feet high at maturity.
The applicant shall indicate in future applications if irrigation water will be available to the lots. If
available, demonstrate quantity and how the water will be allocated.
USES/BULK REQUIREMENTS/COMPATIBILITY OF USES
Section 22-2-60.G.1 of the Weld County Code encourages the protection of agricultural land from
encroachment by those urban uses which hinder the operational efficiency and productivity of the
agricultural uses. The intent of Chapter 22 of the Weld County Code (Comprehensive Plan) is to
minimize the incompatibilities that occur between uses in the agricultural district and districts that
allow urban-type uses. Historic and surrounding agricultural uses should not be expected to
surrender to the impacts of urban development.Weld County operates under"Weld County's Right
to Farm", as set forth in the Chapter 22, Appendix 22-E of the Weld County Code, which is
intended to alert potential future residents of conflicts that may exist between agricultural and urban
uses. Activities, sights, sounds and smells of agricultural operations are common in this area.
Occupants of this Minor Subdivision need to recognize that the agricultural uses shall not be
considered nuisances so long as they are operated in conformance with the law in a non-negligent
manner. In addition, the intent of "Weld County's Right to Farm" shall be incorporated into the
Griffith Minor Subdivision Covenants.
The application indicates an elk farm will be located on the 60 acre lot. Section 23-1-90 of the Weld
County Code defines animal units allowed in various Zone Districts. Four (4) elk are allowed per
acre in the Agricultural Zone District. Elk are not allowed in the Estate Zone District. The minor
subdivision application procedure does not allow for variance from the zone district bulk
requirements. Should the applicant wish to pursue the proposed sixty acre elk farm, a new sketch
plan application for a Planned Unit Development (PUD)would be required. Further the applicant
should contact the Colorado Division of Wildlife to obtain the applicable rules and regulations for
domestic elk herds.
The property under consideration is located within the designated three-mile referral area of the
Towns of Pierce and Ault. Both Pierce and Ault indicated no conflict with the proposal.
S-589, Griffith Minor Subdivision Page 5
DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION IMPROVEMENTS
Section 24-9-10 of the Weld County Code lists subdivision improvements that are the responsibility
of the property owner/developer to complete. The required Improvements Agreement which is
entered into between the owner/developer and Weld County guarantees construction of all
improvements in accordance with the approved minor subdivision final plan; the agreement is
covered in Section 24-9-20 of the Weld County Code.At time of submittal or prior to the Final Plan,
a completed Improvements Agreement addressing road construction and maintenance,
landscaping and maintenance, utility extension, signage, and any other applicable elements of the
minor subdivision shall be submitted for review and approval.
ENVIRONMENTAL CRITERIA
In a referral response dated April 16, 2001, the Colorado Geological Survey (C.G.S.)stated that
subsurface investigations will need to be performed and analyzed to determine if foundation
mitigation will be necessary. The applicant shall indicate in future applications how the concerns
of the C.G.S. will be addressed.
The referral also states that there are no geologic conditions present that would preclude
development, but a more detailed subsurface drainage plan should be submitted with the Change
of Zone application. At the Change of Zone the applicant shall address other concerns identified
in the C.G.S. referral.
SUMMARY
After reviewing the minor subdivision Sketch Plan proposal, it is the opinion of the Department of
Planning Services' staff that the minor subdivision Sketch Plan proposal fails to comply with the
Weld County Code for reasons previously identified in these comments. The 60 acre lot is not
compatible with the Estate Zone District size which has a maximum size limitation of twenty (20)
acres nor is it compatible with the Agricultural Zone District which has a minimum lot size limitation
of eighty (80) acres. The proposed lots would be bound to adhere to the respective zone district
requirements, including setback, offsets, lot size, number of animal units, building height and
square footage and any other applicable standards. The minor subdivision application procedure
does not allow for variance from the zone district bulk requirements. Should the applicant wish to
pursue the proposed configuration, a new sketch plan application for a Planned Unit Development
(PUD) would be required. The PUD allows for variation from the lot size requirements. A second
alternative is to divide the lot by a Recorded Exemption. The 60 acre lot could be excluded from
the minor subdivision and maintain Agricultural zoning.
If you choose to proceed with the minor subdivision application process, the next step is to address
the concerns of the Department of Planning Services. When the concerns are addressed and a
Public Water Source has been approved by the Weld County Attorneys'Office,a minor subdivision
Change of Zone application may be submitted, unless it has been determined that substantial
changes from the submitted Sketch Plan would warrant the need to submit a new Sketch Plan
application. Subsequent submittals associated with this proposed minor subdivision must address
all issues discussed above, as well as the questions and concerns of the following referral
agencies:
1. Diane Houghtaling, Weld County Department of Public Works
S-589, Griffith Minor Subdivision Page 6
2. Pam Smith, Weld County Department of Public Health and Environment
3. Allison Apeland, Colorado Geological Survey, Division of Minerals and Geology
4. Rick Dill, Weld County Sheriff's Office
5. West Greeley Soil Conservation District
6. Dennis Scheer, Weld RE-9 School District
7. Jeffrey Reif, Weld County Building Inspection Department
The Weld County Code can be located online at www.colocode.com/weld. If you need any further
information, please feel free to contact us at the above address or telephone number.
Sincerely,
Sheri Lockman
Planner II
Enclosures
pc: File S-589
S-589, Griffith Minor Subdivision Page 7
MINOR SUBDIVISION SKETCH PLAN APPLICATION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext. 3540 Fax (970) 352-6312
For Planning Department Use Only: Application Fee S3 5.. Q S
Case Numbier 5- 5'77 Receipt Number c)(o45 ,.�a
Zoning Distlict Application Checked By t -' .
Date______i Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures)
I (we), the undersigned hereby request the Department of Planning Services to review a minor subdivision
sketch plan qn the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: J2"-u—�p
(If additional 'space is required, attach an additional sheet).
NAMEOFPROPOSED MINOR SUBDIVISION GZi'F>PI I )4 6OVPIV16)0 N
EXISTING ZONING PROPOSED ZONING
TOTALAREA(ACRES) 4. 317 7 NUMBER OF PROPOSED LOTS •
LOTSIZEAVERAGE 1 e AL Ea, MINIMUM 5 14_-_,..:6
OVERLAY DISTRICTS
UTILITIES. ' Water: Name 1\16 \\/S1,0
Sewer: Name S 3 Pr)(. YhT�M 6 I
7a() A
Gas: Name N`
Electric: Name ' 4.3-7A
Phone: Name Qv's.; 1
DISTRICTS. School: Name PI % g. G
I Fire: Name r, EL f i
PROPERTY PWNERS OF MINOR SUBDIVISION SKETCH PLAN AREA
Name `i. A Cr.1 FFJ TTH Phone 17D- 22Z-1 ei 70
Address ?11 1 FZ11N1'„ : ,? AP1 P- Z7 IJ-/N 1 >//-3 *7575-
Name Phone
Address
APPLICANTlOR AUTHORIZED AGENT (if different than above). .
Name M(KAL TC g. 1
J 4i Phone qv-4J -7431
Address _.iii ,I=FF'% 1;_DN . re 60a...Ii 4_ zzy s4 z¢
•----7 X fr i.,---'V:: ,.c...,„( j7/ -
Signature: Owner oiCtitl2 ized Agent
Revised: 1- 2-96
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nouthweet corner of said Section 31; thence along the vent line of the
Southwest 1(4 of said Section 32. North 03' 19' 13' Suet. 2643.16 feet to the
west 1/4 corner of said Section 32; thence along the &erth line of the South
1/2 of said section 31. North s9' 49. OD* Bast. 1297.19 feet; thence South
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SPATE OF COLORADO
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