HomeMy WebLinkAbout20001011.tiff 0INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Robert L. Parsons Case Number Z-536
Skylark Ranch
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (6 pages) X
3 Memo to the Planning Commission X
4 Sign Posting Photograph X
5 Department of Planning Services field check form X
6 Letter to Applicant X
7 Legal Notifications (2 pages) X
8 Application (2 pages) X
9 Referral List X
10 Referral Letter X
11 Weld County School Dist. RE-4 referral received 1/17/2000 X
12 Colorado Dept. of Transportation referral received 1/20/2000 X
13 Windsor Planning Dept. referral received 1/14/2000 X
14 Colorado Division of Wildlife referral received 2/112000 X
15 Larimer County Planning Dept. Referral received 1/20/2000 X
16 Weld County Dept. of Public Health referral received 1/26/2000 X
17 Poudre Fire Authority referral received 2/3/2000 X
18 Weld County Attorney referral received 3/8/2000 X
19 Weld County Bldg Inspection referral received 3/7/2000 (2 pages) X
20 Weld County Public Works Dept. referral received 3/27/2000 X
21 Maps (2 pages) X
22 8 1/2" X 11" maps submitted by applicant(3 pages) X
23 24" X 36" map X
24 Deeds (2 pages) X
25 Surrounding Property Owners (8 pages) X
26 Letter from a Surrounding Property Owner X
27 Water Service Agreement(4 pages) X
4 EXHIBIT
Pt 2000-1011
efr
t._453?
28 Soil Survey(14 pages) X
29 Geologic Hazard Evaluation (8 pages) X
Item submitted at planning commission
I hereby certify that the 29 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.
✓ J-)(56) 11/1
Sheri Lockman ❖ Planner II
4c;RO CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-536
PLANNER: Sheri Lockman
APPLICANT: Robert L. Parsons (Skylark Ranch)
ADDRESS: 2330 Albany Avenue
Loveland, CO 80538
REQUEST: Minor Subdivision Change of Zone from Agricultural to Estate for 5 lots.
LEGAL DESCRIPTION: Lot B AMRE-2375 Being Pt. of SE4 & SW4 of Section 8, T7N, R67W
of the 6th P.M., Weld County, CO
LOCATION: Approximately 800' north of Highway 14 and approximately 1/2 mile east of Weld
County Road 15
ACRES: 53 PARCEL: 0705 08 000029
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 21.5 of the Weld County Zoning
Ordinance, as amended as follows:
A. Section 21.5.1.1 - That the proposal is consistent with the Weld County
Comprehensive Plan;
1) A.Goal 3. discourages urban-scale residential development which is not
located adjacent to existing incorporated municipalities. The proposed minor
subdivision does not propose an urban scale development as defined by the
Weld County Zoning Ordinance and is not located adjacent to existing
incorporated municipalities.
2) A. Goal 1 stated "Preserve prime farmland for agricultural purposes which
fosters economic health and continuance of agriculture." The site is
designated as irrigated land (not prime) by the United States Department of
Agriculture.
B. Section 21.5.1.2 - 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 "right to farm" covenant is required to appear on the recorded change of zone
plat. The applicant has also indicated that future residents will be informed of the
meaning and intent of this covenant by including it in the Skylark Ranch Covenants.
The Department of Planning Services believes that the granting of this change of
9 r zone will have a minimal impact on the surrounding land uses.
C. Section 21.5.1.3 - That adequate water and sewer service can be made available
to the site to serve the USES permitted within the proposed zone district. The
application materials indicate the lots will utilize engineer designed septic systems.
In a referral January 26, 2000, the Weld County Department of Public Health and
Environment required the septic systems be installed according to Weld County
Individual Sewage Disposal Regulations. The application includes a Water Service
Agreement from North Weld County Water District. Assistant Weld County Attorney,
Lee Morrison has accepted the agreement with the stipulations that the "plant
investment fee" portion of the "tap fee" and the $15,000 participation cost be paid
prior to recording the plat. Mr. Morrison has also required the applicant to include the
construction cost within the developement to be included in the improvements
agreement.
D. Section 21.5.1.4 - That STREET or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed zone district.
Weld County Department of Public Works is requiring the applicant to move the
access 30 feet to the west to mitigate safety concerns. The applicant is also being
required to obtain an access permit from the Colorado Department of Transportation.
During the Sketch Plan phase of this minor subdivision, the Weld County
Department of Public Works required block lengths to be no greater than 1500 feet.
However, as proposed the street is still over 1500 feet in length. Planning Staff has
required as a condition of approval that the cul-de-sac be repositioned to the South.
E. Section 21.5.1.5 - That, in those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with
the applicable standards:
1) Section 21.5.1.5.1 - The proposed change of zone is located within the
Windsor Service Area Road Impact Program. Effective December 1, 1999,
Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Windsor Service Area Road Impact Program.
(Ordinance 210)
2) Section 21.5.1.5.2 - That the proposed rezoning will not permit the USE of
any area known to contain a COMMERCIAL MINERAL DEPOSIT in a
manner which would interfere with the present or future extraction of such
deposit by an extractor to any greater extent than under the present zoning
of the property. The geological hazards evaluation conducted at Sketch Plan
by Earth Engineering Consultants, Inc. indicated that they did not anticipate
economically recoverable mineral resources as defined in H.G. 1041 exist
at the site.
3) Section 21.5.1.5.3 - If soil conditions on the site are such that they present
moderate or severe limitations to the construction of STRUCTURES or
faculties proposed for the site, the applicant has demonstrated that such
limitations can be overcome and that the limitations will be addressed by the
applicant, the applicant's successors or assigns prior to the DEVELOPMENT
of the property. The geotechnical report indicates some on-site soils have a
potential to swell.Also, building sites may also contain shallow ground water.
In a referral received March 7, 2000, the Weld County Department of
Building Inspection has required all principal dwellings to have engineered
foundations to mitigate these concerns. Building Inspection also strongly
suggests that each foundation be based on a site-specific geotechnical
report instead of an "open hole inspection, performed by a Colorado licensed
engineer as allowed by the Weld County Building Code Ordinance.
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.
Minor Subdivision Change of Zone from Agricultural to Estate for 5 lots is conditional upon
the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. OG.Policy 1.1 of the Weld Comprehensive Plan states "new planned unit
developments or subdivisions should be planned to take into account current and
future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated."The applicant shall either submit a copy of an agreement
with the properties mineral owners stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral owners.
Evidence shall be submitted to the Weld County Attorneys' Office for review and
approval. The plat shall be amended to include any possible future drilling sites.
B. The applicant shall either submit a copy of an agreement with the ditch company
stipulating that ditch activities have adequately been incorporated into the design of
the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the ditch company. Evidence shall be submitted to the Weld County
Department of Planning Services for review and approval.
2. Prior to recording the Change of Zone plat:
A. The applicant shall submit an amendment to Recorded Exemption 2357 and
Recorded Exemption 1243. The amendment shall address the extra area needed
to create a safe access. (Planning Dept.)
B. The applicant shall submit evidence that the$15,000 participation cost and the"plant
investment fee" portion of the "tap fee" have been paid to the North Weld County
Water District.
C. The plat shall be amended to delineate the following:
1) The reconfigured road as approved by the Weld County Department of
Public Works, including the bus stop / mail area and the cul-de-sac
repositioned to meet the maximum block length of 1500 feet.
3
2) At the entrance to the subdivision a total of 40 feet from the centerline of
State Highway 14 shall be delineated as right of way with an additional 35
feet of right of way reservation.
3) The 30' utility, equestrian and hiking trail easement shall be designated as
a 30' utility easement only. The proposed trail needs to navigate the PUD
without needing to double back. As configured, the trail ends at the interior
road, leaving people the option of doubling back or proceeding along the
road. Roads without sidewalks are not considered safe and effective means
to reach open space areas.
4) The .9 acres of open space shall be labeled as non-buildable.
D. The Change of Zone is conditional upon the following and that each be placed on
the Change of Zone plat as notes prior to recording.
1) The Change of Zone allows for Estate uses and shall comply with the Estate
Zone District requirements as set forth in Section 36 of the Weld County
Zoning Ordinance. The Minor Subdivision shall consist of five (5) lots.
2) Water service shall be provided by the North Weld County Water District.
Individual sewage disposal systems are required for the proposed residential
lots and shall be installed according to the Weld County Individual Sewage
Disposal (I.S.D.S.) Regulations.
3) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
4) The Right To Farm Covenant as stated on this plat shall be recognized at all
times.
5) The site shall maintain compliance at all times with the requirements of the
Weld County Departments of Public Works, Public Health and Environment
and Planning Services, and adopted Weld County ordinances and policies.
6) 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 open space, street(s), private utilities and other
facilities. The open space lot functions as a separate parcel.
7) All homes shall be fire sprinklered in accordance with the Poudre Fire
Authority regulations.
8) All homes shall have address numerals visible from the street fronting the
property, and posted with a minimum of 6 inch numerals on a contrasting
background.
9) Fire hydrants shall be placed in accordance with Poudre Fire Authority
regulations.
4
10) Proper building permits shall be obtained prior to any construction or
excavation.
11) Building permits are required for any accessory buildings being constructed
or moved onto the property.
12) The preliminary geotechnical report from Earth Engineering Consultants, Inc.
Indicates there may be some on-site soils that have a potential to swell.
Building sites may also contain shallow ground water. Basement or
crawlspace foundations may not be feasible for all sites. The report also
recommends only"light load residential structures."All principal dwellings will
be required to have engineered foundations which are designed with these
concerns in mind. Weld County Department of Building Inspection strongly
recommends that each foundation be based a site-specific geotechnical
report. The Weld County Building Code Ordinance does allow an "open hole
inspection," performed by a Colorado licensed engineer, in place of a site-
specific geotechnical report.
13) All fill materials upon which buildings or structures rest, shall be compacted
to a minimum of 90% of maximum density. Detrimental amounts of organic
material shall not be permitted in fills. No rock or similar irreducible material
with a maximum dimension greater than 12 inches shall be buried or placed
in fills. A compaction report provided by a Colorado Licensed Engineer will
be required in such situations.
14) All buildings or structures shall maintain distances from property lines and
adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building
Code.
15) Additional requirements may be provided from the Poudre Valley Fire
Protection District.
16) At the time an application is accepted for a building permit a plan review will
be done. A complete review of the building or structure may reveal other
building issues or areas needing attention.
3. At the time of Final Plan submittal:
A. The applicant shall submit an improvements agreement which addresses cost to
construct water service and the transportation portion of the Minor Subdivision for
review and approval.
B. The applicant shall submit covenants for Skylark Ranch Minor Subdivision for review
and approval from the Weld County Attorneys Office.
C. The applicant shall submit a copy of an access permit from the Colorado Department
of Transportation.
4. Prior to the release of building permits:
A. Effective December 1, 1999, Building Permits issued on the proposed lots will be
5
required to adhere to the fee structure of the Windsor Service Area Road Impact
Program. (Ordinance 210)
6
CASE NO. 5d ACRES
NAME _i, "Minch
REQUEST '1r
A PUBLIC HEARING CONCERNING THIS
PROPERTY WILL BE HELD AT 1555 NORTH
17th AVE., GREELEY, COLORADO 80631,
ON 20- AT
FOR MORE INFORMATION CALL THE
WELD COUNTY DEPT. OF PLANNING
SERVICES AT (970)353.6100 EXT.3540,
EXHIBIT
a
9
/ to MEMORANDUM
V
C TO: Weld County Planning Commission March 14, 2000
FROM: Sheri Lockman, Planner II
COLORADO
SUBJECT: Z-536, Robert Parsons, Skylark Ranch Minor Subdivision
Robert Parson and Weld County Departments of Planning Services and Public Works are requesting a
continuance of case Z-536 to April 4, 2000. Planning staff has determined that additional information is needed
from the applicant to determine the feasibility of the access.
The April 4, 2000 Weld County Planning Commission hearing will be held at the Weld County Centennial
Center, 915 10th Street, first floor, Greeley, Colorado at 1:30 p.m.
Thank you for your consideration in this matter.
SERVICE,TEAMWORK,INTEGRITY,QUALITYII 3
WwO��
DEPARTMENT OF PLANNING SERVICES
Olt 414, PHONE (970) 353-6100, E4698
FAX (97(970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
January 10, 2000
Robert Parsons
2330 Albany Ave
Loveland, CO 80538
Subject: Z-536 - Request for a Minor Subdivision Change of Zone from Agricultural to Estate on a parcel
of land described as Lot B of AmRE-2357; Part of the SE4 &SW4 of Section 8, Township 7 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Parsons:
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 March 21, 2000, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, 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 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 cr municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Windsor Planning Commission
for its review and comments. Please call the town of Windsor at 970-656-7476 for further details regarding
the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance
at the Windsor 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,
EX i
g\at
Sheri Lockman
Planner
FIELD CHECK inspection date: 1/19/2000
CASE NUMBER: Z-536
APPLICANT: Robert L. Parsons
LEGAL DESCRIPTION: Lot B AMRE-2357 being pt. of Section 8, T7N, R67W of
the 6th P.M., Weld County, CO
LOCATION: North of & adjacent to State Highway 14 & east of Weld County Road 15
Zoning, Land Use
N A (Agricultural) N Agricultural and a cell tower
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Ag. / Residential / 2 giant water towers
V\/ A (Agricultural) W Agricultural / Residential / Trailer park
COMMENTS: Home is currently being constructed on the site. Access
from HVVY 14 close to small home.
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27/17
Sheri Lockman, Planner
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