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Home My WebLink About992642.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Daniel Ochsner c/o Denver Canadian Case Number Z-530 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (4 pages) X 3 Planning Commission field check form X 4 Letter to Applicant X 5 Legal Notifications (2 pages) X 6 Application (44 pages) X 7 Referral List X 8 Referral Letter X 9 Weld County Assessors Office referral received 8/12/1999 X 10 Weld County Zoning Compliance referral received7/28/1999 X 11 Weld County Public Work referral received 8/17/1999 (4 pages) X 12 Weld County Building Inspection referral received 8/17/1999 X 13 Weld County Health Dept. referral received 8/11/1999 X 14 Platteville Planning Commission referral received 8/16/1999 (2 X pages) 15 Longmont Soil Conservation District referral received 8/18/1999 X 16 Maps (3 pages) X 17 8 1/2 X 11 maps submitted by applicant(2 pages) X 18 Deeds (4 pages) X 19 Surrounding Property Owners (7 pages) X 20 Letters from Surrounding Property Owners (6 pages) X 21 Letter from Office of the State Engineer, Division of Water X Resources Received 8/3/1999 22 Letter from Central Weld County Water District X 23 Water Supply Inform,ation Summary X 24 Soil Survey (34 pages) X 25 Photograph of ditch X 26 Item submitted at planning commission 4. EXHIBIT 992642 1 eoz#S3o I hereby certify that the 25 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. Aft 4A1/41 Sheri Lockman + Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS Zat.. day of 42 — ajar 199? . SEAL NOTARY PUBLIC MY COMMISSION EXPIRES /00/ZOOT OP��OTARj.,.90 ••• • i ) NyAVB<.‘.9.'9 �CF COk- CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: Z-530 PLANNER: Sheri Lockman APPLICANT: Daniel Ochsner do Denver Canadian (Ivy Crest) ADDRESS: 18905 WCR 394 LaSalle, CO 80645 REQUEST: Minor Subdivision Change of Zone from Agricultural to Estate for 5 lots. LEGAL DESCRIPTION: Lot A RE-2151 Being Pt. of Section 21, T3N, R67W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to Weld County Road 19 and less than '/ mile north of State Highway 66 ACRES: 14.9 PARCEL: 1209 21 000052 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 Ivy Crest Covenants. The Department of Planning Services believes that the granting of this change of zone will have a minimal impact on the surrounding land uses. EXHIBIT 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 dated August 2, 1999, the Weld County Health Department required the septic systems be installed according to Weld County Individual Sewage Disposal Regulations. The application includes a letter of commitment from Central Weld County Water District. The Office of the State Engineer, Office of Water Resources has indicated that the proposed lots will not cause material injury to existing water rights, and the supply is expected to be adequate. 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. During the Sketch Plan phase of this minor subdivision, the Weld County Public Works Department recommended the interior road be redesigned to avoid problems with traffic running parallel to the Collector Road. The application for change of zone does not follow this recommendation. In a referral received August 17, 1999 the Weld County Public Works department is requesting the entrance to the she be relocated to the opposite end of the subdivision. This will widen the separation between ongoing traffic. Planning Staff supports this proposal and included this change as a condition of approval. 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 not located within any Overlay District identified by maps officially adopted by Weld County. 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. Special Use Permit 338 for gravel mining was approved on October 26, 1977. Although the permitted area does include this site, the actual mining was to the west of the site. This site was not designated as an area containing significant deposits. The applicant has submitted a written request to vacate the Special Use Permit. 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 facilities 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. In a referral received August 17, 1999, the Weld County Building Inspection Department has required engineered foundations based on the soils report. 2 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. The applicant shall submit the application and pay the appropriate fees to amend Lot A of Recorded Exemption 2151. The application will increase the size of the Lot A of RE-2151 in accordance with this Change of Zone Application. (Planning Dept.) 2. The change of zone plat and plat to amend Lot A of Recorded Exemption 2151 shall be submitted to the Department of Planning Services for recording within 30 days of approval of Amended Recorded Exemption 2151 by the Weld County Planning Department. 3. Prior to recording the Change of Zone plat: A. The plat shall be amended to include the most recent version of the Right to Farm Covenant. B. The applicant shall submit to the Weld County Department of Public Works a storm water drainage report prepared by a Colorado licensed professional engineer. This report shall be certified and stamped. The engineer is required to use material published by a generally accepted authorized source approved by Weld County Public Works which must be referenced as a part of the submittal information. Weld County does not publish technical data or storm water drainage design manuals. All storm water retention facilities shall be designed to retain the storm water runoff from a fully developed subdivision from a 100-year storm and release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on an undeveloped site. Evidence of Public Works approval shall be submitted to the Weld County Planning Department. C. The applicant shall submit a reconfigured road plan to the Weld County Department of Public Works. The plan shall follow Public Works recommendation as indicated in a referral received August 17, 1999, or an alternative plan approved by Weld County Public Works. The reconfigured road shall still include a bus stop/mail area at the entrance to the minor subdivision. The applicant shall submit evidence of Public Works approval to the Planning Department. D. The plat shall be amended to include the following: 1) The reconfigured road as approved by the Weld County Public Works Department. 2) The typical cross section as approved by Weld County Public Works with dimensions which reflect the internal road system. 3) Weld County Road 19 is designated on the Transportation Plan Map as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of 3 Weld County Road 19 right-of-way reservation for future expansion of Weld County Road 53 shall be delineated on the plat. (Public Works) E. 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 Central 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 Public Works Department, Weld County Health Department, and the Weld County Department of Planning Services, and adopted Weld County ordinances and policies. 6) Section 36.3.13 of the Weld County Zoning Ordinance, approved on August 18, 1999 requires a 350 foot building setback radius from oil and gas structures. Any proposed structure within this setback would be required to receive a variance prior to release of building permits. 4. At the time of Final Plan submittal: A. The applicant shall submit an on-site improvements agreement which addresses landscaping and the transportation portion of the Minor Subdivision. B. The applicant shall submit a copy of a landscaping and berming plan. Because of the proposed configuration of the interior road, the plan shall include berming, fencing or landscaping to adequately screen the interior road from Weld County Road 19. The approved plan shall be delineated on the Final Plat. 5. Prior to the release of building permits: A. Any proposed structure within the 350 foot building setback radius from oil and gas structures, as described in Section 36.3.13 of the Weld County Zoning Ordinance, shall receive a variance. 4 O DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 304-6" { FM (970�T1 17TH AVENUE 9E 1555 N. AVEN GREELEY, COLORADO 80631 C. COLORADO July 26, 1999 Daniel Ochsner c/o Kenney &Associates 343 E. 4th St. Loveland, CO 80537 Subject: Z-530- Request for a Minor Subdivision Change of Zone from Agricultural to Estate for 5 lots on a parcel of land described as Lot A of RE-2151; Being Part of Section 21, T3N, R67W of the 6th P.M., Weld County, Colorado. Dear Ms. Catherine Scott: 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 September 7, 1999, 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 or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Platteville Planning Commission for its review and comments. Please call the Town of Platteville at (970)785-2245 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 Town, of Platteville 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, Hr • 'IJJ r U 2� )L2/e4774, Sheri Lockman I EXHIBIT 41 Planner I FIELD CHECK FILING NUMBER: Z-530 DATE OF INSPECTION: g^ APPLICANT'S NAME: Daniel Ochsner do Denver Canadian PLANNER: Sheri Lockman REQUEST: Minor Subdivision Change of Zone from Agricultural to Estate for 5 lots. • LEGAL DESCRIPTION: Lot A of RE-2151; Being Part of Section 21, T3N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 19 and less than '/ mile north of Highway 66. LAND USE: -ittrri �— J Ems/ — N; S w ZONING: N A (Agricultural) E A(Agricultural) S A(Agricultural) W A (Agricultural) COMMENTS: efrtetcy p7ring° / *Te-see let— P.C. Member EXHIBIT [13J Hello