The URL can be used to link to this page

Browse Search

Home My WebLink About20002652.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Ivan &Joanne Gilbaugh Case Number S-539 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Surrounding Property Owner Letter(Appaloosa Acres Residents X dated August 10, 2000) 5 Letter to Applicant X 6 Legal Notifications (2 pages) X 7 Application (3 pages) X 8 Referral list X 9 West Greeley Soil Conservation District referral received 7/21/00 X 10 Eaton Fire Protection District referral received 7/31/00 X 11 Town of Eaton referral received 7/19/00 X 12 Weld County Department of Public Health and Environment X referral received 8/1/00 13 Weld County Public Works Department referral received 8/4/00 X 14 Weld County Department of Building Inspection referral received X 7/18/00 15 8 1/2 X 11 maps submitted by applicant( 1 page) X 16 Deed X 17 Surrounding Property Owners (6 pages) X 18 Weld County Utilities Advisory Committee minutes (8/10/00) X 19 Soils Report(2 pages) X 20 Gilbaugh's Appaloosa Acres Covenants (6 Pages) X 21 Sign Posting Affadavit X 21 Items submitted at planning commission m' HI 2000-2652 I hereby certify that the 21 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Chris Gathman Current Planner r ' r PUD FINAL PLAN ADMINISTRATIVE RECOMMENDATION ilkeiTh CbtORADO CASE NUMBER: S-539 PLANNER: Chris Gathman APPLICANT: Ivan & Joanne Gilbaugh ADDRESS: 20085 Weld County Road 74, Eaton, CO 80615 REQUEST: 4th replat of Gilbaugh's Appaloosa Acres, being a replat of Lots 15-C, 16 and 17 as shown on the 3rd replat of Gilbaugh's Appaloosa Acres, to reduce the area of Lot 15-C from 62.2 Acres to 60.5 Acres, expand the area of Lot 16 from .80 acres to 2.15 acres and expand the area of Lot 17 from .95 acres to 1.3 acres. LEGAL DESCRIPTION: Lots 15-C, 16 and 17, 3rd replat of Gilbaugh's Appaloosa Acres, located in the W1/2 of the SW1/4 of Section 33, Township 7 North, Range 65 West of the Th P.M., Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 41; North of and adjacent to Weld County Road 74 ACRES: +/-64 Acres PARCEL#: 0709 33 000001, 0709 33 000016, 0709 33 000017 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS APPLICATION BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The application is in compliance with Section 28.13 of the Weld County Zoning Ordinance, as follows: A. Section 28.13.1.1 That the proposal is consistent with the Weld County Comprehensive Plan. A.Goal 1 states to preserve prime farmland for agricultural purposes which fosters the economic health and continuance of agriculture. The replat proposes to expand two existing residential lots. This will not interfere with any agricultural activities on the site. B. Section 28.13.1.2 That the Planned Unit Development Plan conforms to the PUD District in which it is proposed to be located. The PUD was originally approved by the Board of County Commissioners in 1972 and was replated in 1973, 1974, and 1998. The PUD district allows for agricultural uses as permitted in the A(Agricultural)Zone District except the following:commercial raising of cattle orfowl,cemeteries,fairgrounds,grange halls and gravel pits. This request is consistent with the intent of the original PUD and allows for the continuation of the existing residential lots to the north and west. C. Section 28.13.1.3 That the uses, buildings, and structures which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the comprehensive 6 plan or master plans of affected municipalities. The proposed replat is consistent with the historical development of the property and the PUD district. The Town of Eaton reviewed this application and indicated no conflict with their interests. 1 S-539 - (4th Replat of Appaloosa Acres) Comments D. Section 28.13.1.4 That there has been conformance with the Performance Standards as f outlined in Section 35.3. The performance standards address issues such as compatibility, water and sewer provisions, circulation, buffering and screening. The proposed replat is compatible with the existing PUD district which allows for residential uses. This subdivision will not be creating any additional lots. Existing lots are serviced by the North Weld County Water District and septic systems. E. Section 28.13.1.5 That the use will be compliance with the Weld County Zoning Ordinance, Section 50, Overlay District Requirements if the proposal is located within any Overlay District area identified by maps officially adopted by Weld County. The proposed replat is in compliance with the Weld County Zoning Ordinance. The development does not lie within any overlay district. The Department of Planning Services'staff recommendation of approval is conditional upon the following: 1. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal regulations. (Dept. of Health & Environment) 2. The following notes shall be placed on the plat: A. The uses permitted within the PUD Final Plan include 18 residential lots and one residential/agricultural lot. B. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. C. North Weld County Water District shall provide domestic water service to all residential uses within the PUD zone district. D. Sewage disposal shall be provided by an Individual Sewage Disposal System (I.S.D.S.). The systems shall comply with all rules and regulations of the Weld County Health Department. Each septic system shall be designed for site specific conditions, including but not limited to maximum seasonal high groundwater, poor soils, and shallow rock. E. Installation of all utilities shall comply with Section 10 (Design Standards) of the Weld County Subdivision Ordinance. F. Access: Access shall be limited to the three(3)private road intersections on Weld County Road 41 and two(2)private drives and 1 agricultural access on Weld County Road 74. No other access points shall be permitted to the county roads. Lots 2-14 shall be guaranteed access to Weld County Road 41 by way of Appy Road and Appaloosa Lane. G. Maintenance: All roads other than the existing county roads shall remain drives to be maintained by the owner of Lot 17 or the Homeowner's Association. H. The Weld County Right-to-Farm Covenant. 2 S-539 - (4th Replat of Appaloosa Acres) Comments rib\ 3. Prior to recording the plat: A. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health&Environment, Environmental Health Services will require an I.S.D.S. evaluation prior to issuance of the required septic permit(s). The review shall consist of observation of the system and evaluation of the systems ability to handle the proposed hydraulic load. In the event the system(s) is found to be inadequate, the system(s)must be brought into compliance with current Individual Sewage Disposail System regulations. (Dept. of Health & Environment) B. Sketches of the septic system(s)layout in relation to the proposed lot lines for Lots 16 and 17 shall be submitted to the Department of Planning Services by review and approval by the Department of Public Health& Environment, Environmental Health Services. (Dept.of Health & Environment) C. A detailed plot plan indicating setbacks of existing buildings from property lines shall be submitted to the Weld County Department of Building Inspection for review and approval. Depending on the use of the buildings, a 20-foot setback may be needed. Buildings closer than allowed setbacks would require fire-resistive protection for exterior walls and opening protection (see Table 5-A of 1997 Uniform Building Code). (Weld County Dept.of Building Inspection) D. Fifty(50)feet from the centerline of WCR 74 adjacent to Lot 16 shall be reserved to Weld County for future expansion of WCR 74. (Public Works) E. A nonconforming use file shall be established for one of the existing residences on Lot 16. The applicant shall submit evidence to the Weld County Department of Planning Services substantiating the nonconforming use. (Dept. of Planning Services) F. The plat shall be amended to show the following: 1. The 25'access road accessing Lot 15-B through Lot 15-A as indicated on the third replat of Appaloosa Acres plat (S-441) shall be indicated on the plat. 2. The emergency access turn around as indicated on the third replat of Appaloosa Acres plat(S-441) shall be indicated on the plat. 3. (Adjacent to Lot 16) A total of 50-feet from the centerline of Weld County Road 74 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 74. 4. Ten (10)foot utility easements shall be delineated along the boundaries of Lots 16 and 17 (except existing boundaries adjacent to public right-of-way, which are acceptable as is). (Weld County Utilities Advisory Committee) 4. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Department of Planning Services. Chris Gathman Planner, AICP 3 S-539 - (4th Replat of Appaloosa Acres) Comments O DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXXT.35410 FAX (970)3'04-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 Ott Anti July 12, 2000 Ivan Gilbaugh 20085 WCR 74 Eaton, CO 80615 Subject: S-539- Request for approval of a 4th Replat of Gilbaugh's Appaloosa Acres PUD including decreasing the size of Lot 15-C from 62.2 to 60.5 Acres, increasing the size of Lot 16 from .8 Acres to 2.15 Acres and increasing the size of Lot 17 from .95 Acres to 1.3 Acres on a parcel of land described as 3`d ReplatGiilba!ugh's.Appaloosa Acres PUD, Section 11, Township 7 North, Range 65 West of the 6th P.M.,Weld County, Colorado. Dear Mr. Gilbaugh: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, September 5, 2000, at 1:30 p.m. This meeting will take place in Room 210, of the Weld County Department of Planning, 1565 N. 17th Avenue, Greeley, Colorado. In addition, I have scheduled a meeting with the.Weld County Utilities Advisory Committee for Thursday, August 10, 2000, 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 Eaton Planning Commission for their review and comments. Please call the Town of Eaton at 970-454-3338, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described-above in order to answer any questions that might arise with respect to your application. A representative from the Department of Planning Services will be out to the property to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, dALL, .. Chris Gathman _ Planner f'N FIELD CHECK inspection date: 8/22/00 CASE NUMBER: S-539 APPLICANT: Ivan &Joanne Gibaugh LEGAL DESCRIPTION: 3rd Replat of Gibaugh's Appaloosa Acres (WI/2 of SW 1/4 33-7-65) LOCATION: N of and adjacent to Weld County Road 74, E of and adjacent to WCR 41 _..... ._...,Zeiatir og, , a 4 Ilse“.._..__ .n N A(Agricultural) N Agriculture (corn, farmsteads) E A(Agricultural) E Agriculture (cropland) re4+, S A(Agricultural) S Agriculture (cropland) W A (Agricultural) W Agriculture (cropland) COMMENTS: * Lot 16 will combine corral area and buildings with two single-family residences. * 40-foot utility easement encompasses main driveway access to residence on Lot 17. * Lot 15-C is partly in pasture and partly in corn. * Two residences on Lot 16 share a gravel drive access of'VCR 74 and are approximately 30-40 feet apart. * Corral buildings and metal fences block direct access to Lot 16. The fences and buildings would need to be torn out/relocated to allow direct access to Lot 16 from Appy Road. Chris Gatlunan, Current Planner Hello