HomeMy WebLinkAbout20002395.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Harlan Shultz Case Number Z 542
Submitted or Prepared
Prior to At Hearing
Hearing
1 Board of County Commissioners Comments
2 Staff Comments ( 6 pages) X
3 Department of Planning Services Field Check Form X
4 Letter to Applicant X
5 Zoning Violation Notice dated X
6 Legal Notifications (2 pages) X
7 Application ( 5 pages) X
7a Referral list X
8 Colorado Division of Wildlife referral received 3/27/99
9 Berthoud Fire Protection District referral received 4/3/2000 X
10 Weld County Departmentt of Building Inspection referral X
received 3/22/2000
11 Thompson R-2J School District referral received 3/22/2000 X
12 Weld County Public Works Dept. referral received 3/31/2000 X
13 Larimer County Planning referral received 4/6/2000 X
14 Town of Berthoud referral received 4/4/2000 X
15 Weld County Sheriff's Office referral received 3/20/2000 X
16 Weld County Department of Public Health & Environment referral X
received 4/4/2000
17 Weld County Public Works Dept. referral received 4/6/2000 X
18 8 1/2 X 11 maps submitted by applicant(3 pages) X
19 Deed (7 pages) X
20 Surrounding Property Owners ( 5 pages) X
21 Utilities (3 pages) X
22 Soil Survey (21 pages) X
23 Zoning Compliance Letter of Case Closure dated May 11, 2000 X
24 Photo of Posting x
EXHIBIT
--�1---- 2000-2395
45421
25 Letter dated July 5, 2000 from Union Pacific Railroad, re: Mineral x
Rights for Parcel
26 Water Agreement from Little Thompson Water District x
27 State of Colorado, Water Supply Information Sheet Summary x
28 Letter dated May 30, 2000 from McIntyre Lateral Ditch Company x
29 Letter dated May 23, 2000 from Daniel G. Stroh, surrounding x
property owner
I hereby certify that the 30 items identified herein were submitted to the Department of Planning Services' at
or prior to the scheduled Board of County Commissioners hearing.
�d
Kim Ogle nnner II
✓ � CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z 542
PLANNER: Kim Ogle
APPLICANT: Deanne Frederickson for Harlan Shultz/Shultz First Subdivision
ADDRESS: Landmark Engineering, 3521 West Eisenhower Blvd., Longmont CO 80537
REQUEST: A Change of Zone from A (Agricultural) to E (Estate) for a 5-lot Minor Subdivision
LEGAL DESCRIPTION: Part of the W2 SW4 of Section 7, Township 4 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to WCR 1 & North of and adjacent to WCR 46
ACRES: 32.845 PARCEL# 1061 07 000062
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 21.4 of the
Weld County Zoning Ordinance.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance,
as follows:
A. Section 21.5.1.1 - That the proposal is consistent with the Weld County Comprehensive
Plan.
1) A.Policy 7 states, "Weld County recognizes the"right to farm". In order to validate
this recognition Weld County has established an example covenant which shall be
incorporated on all pertinent land use plats. The Department of Planning Services'
will require the covenant to appear on the recorded plat. This covenant is intended
to alert potential residents that conflicts may exist between agricultural and
residential uses and that historic agricultural uses should not be expected to
surrender to the impact of development.
2) 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. The Weld
County Public Works Department requires proposed cul-de-sacs to have an
outside radius of fifty (50) feet or more and a right-of-way of sixty-five (65) feet. A
sixty (60) foot right-of-way or easement shall provide access to the five parcels.
This road shall be owned and maintained by the homeowner's association. Should
this road be taken over by the County for maintenance, then the lanes shall be
twelve (12) feet wide and paved with four (4) foot gravel shoulders. Further, by
addressing the comments of the referral agencies and Planning Staff the applicant
has demonstrated concern for the county residents.
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3) No intergovernmental agreements presently influence this site. m
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B. Section 21.5.1.2-The uses which would be allowed on the subject property by granting the W
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Shultz,Z 542, page 1
change of zone will be compatible with the surrounding land uses. The proposed site does
not lie within the Town of Berthoud's Growth Management Area. The applicant is proposing
a non-urban scale development of a five lot subdivision.The right-to-farm covenant will be
attached to the request thus informing any new residents to the area that the surrounding
community is agriculture in nature. The Department of Planning Services'believes that the
granting of this change of zone will have a minimal impact on the surrounding land uses.
C. Section 21.5.1.3-Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district. Domestic water and water for
fire protection shall be provided by Little Thompson Water District. Appropriate
documentation shall be provided that indicates not only the taps are available, but that
assurance of these connections has been made. The style of assurance may take several
forms, however pre-purchase of taps, line extension agreements, or another form of
"participation agreement" will be acceptable. The agreements shall be approved by the
Weld County Attorney's Office.
A Water Supply Information Summary shall be submitted to the Office of the State
Engineer, Division of Water Resources for their review. Office of the State Engineer
response shall be submitted to the Department of Planning Services' prior to scheduling a
Board of County Commissioners hearing.
Each lot for the proposed minor subdivision shall have an Individual Sewage Disposal
System(ISDS)installed per the Weld County Department of Public Health and Environment
requirements and specifications.
D. Section 21.5.1.4 - Street or highway facilities providing access to the property are
inadequate in size to meet the requirements of the proposed zone districts. The Weld
County Public Works Department reviewed this request and has determined that a traffic
impact study will not be required. The Department of Public Works Comprehensive
Transportation Plan has designated WCR 1 and WCR 46 as local gravel roads requiring
sixty (60)feet of right-of-way. The access to the Shultz Minor Subdivision is from WCR 1,
between WCR 46 and WCR 48.
This section of road, between WCR 46 and WCR 48, is maintained by Larimer County, and
is functionally classified as a Minor Collector that requires one hundred(100)feet of right-of-
way. A total of fifty(50)feet from the centerline of Weld County Road 1 shall be delineated
on the plat as right-of-way reservation for future expansion of Weld County Road 1.
The Weld County Department of Public Works shall require all internal roadways to have
sixty(60)feet of right-of-way,with two-way(2)access.The Department of Public Works has
determined that this subdivision meets the criteria of the Subdivision Ordinance Section
4.6.9.6. Cul-de-sacs shall have a sixty-five(65)foot right-of-way radius,with a fifty(50)foot
turn-around. Should Weld County assume the maintenance of the internal road, the
roadway shall be constructed with (2) twelve foot wide paved lanes and (2) four foot wide
shoulders.
3. Section 21.5.1.5 - In those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards:
Shultz,Z 542, page 2
A. Section 21.5.1.5.1 - The proposed change of zone does not lie within any overlay district
identified by the maps officially adopted by Weld County.
B. Section 21.5.1.5.2-The proposed rezoning does not contain 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 extraction to any greater extent than under the
present zoning of the property.
C. Section 21.5.1.3-Soil conditions on the site are such that they present moderate or severe
limitations to the construction of structures of facilities proposed for the site. The
Department of Building Inspections requires all foundations of principal dwellings to be
engineered. Further, in the preliminary soils report it was noted that the soil has"fair to poor
potential for urban development"and has"moderate to high shrink swell, low strength and
moderately slow permeability." As a result of these preliminary results, a site-specific geo-
technical report is required. Any fill material placed must be of the type allowed by the 1997
Uniform Building Code(UBC)and be compacted to a minimum of ninety(90)percent. The
test results of that compaction shall be supplied to the Weld County Building Inspection
Department.
Weld County Department of Public Health and Environment noted based on percolation
tests conducted by Landmark engineering on December 10, 1999,that the soil exhibits poor
characteristics for percolation. The proposed lot sizes indicate there is room for primary
and secondary absorption fields, and alternatives to a total evaporation system that can
meet Section 6.1(C)of the Weld County Individual Sewage Disposal Regulations. Further,
as this type of soil generally necessitates non-conventional septic systems such as those
that do not rely on sub-surface absorption, i.e.,evapotratranspiration systems. It should be
noted that not more than twenty-five (25) percent of the subdivision can have
evaporatranspiration septic systems.
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.
The Change of Zone from A (Agricultural) to E(Estate) is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. OG.Policy 1.1 of the Weld County Comprehensive Plan states"new planned unit develop-
ments 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 been adequately 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
Department of Planning Services'. The plat shall be amended to include any possible
future drilling sites. (Dept. of Planning Services)
B. Appropriate documentation from Little Thompson Water District shall be provided that
indicates not only the taps are available, but that assurance of these connections has been
made. The style of assurance may take several forms, however pre-purchase of taps, line
extension agreements,or another form of"participation agreement"will be acceptable.The
agreements shall be approved by the Weld County Attorney's Office. (Dept. of Planning
Shultz,Z 542,page 3
Services)
C. A Water Supply Information Summary shall be submitted to the Office of the State
Engineer, Division of Water Resources for their review. Office of the State Engineer
response shall be submitted to the Department of Planning Services'. (Dept. of Planning
Services)
D. The applicant shall either submit a copy of an agreement with the Maclntyre Ditch
Company, whose ditch runs along the west side of the development, stipulating that ditch
activities have been incorporated into the design of the site or show evidence that
adequate accommodations have been made. Evidence shall be submitted on the Ditch
Company letterhead to the Weld County Department of Planning Services'. (Dept. of
Planning Services)
2. The change of zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
3. The Plat shall be amended to delineate the following:
A. The most recent version of the "Right To Farm Covenant" as stated in the Weld County
Comprehensive Plan, shall be placed on the plat. (Department of Planning Services)
B. The typical cross-section of the internal road system that identifies the width and depth of
gravel, pavement,shoulders,drainage ditches and rights-of-way shall be shown on the plat.
(Department of Public Works)
C. Weld County Road 1 is classified as a Minor Collector by Larimer County. The applicant
shall reserve sixty (50) feet of right-of-way from the centerline east of WCR 1 for future
improvements. (Department of Planning Services)
D. The fire hydrant, as required by the Berthoud Fire Protection District, specifically located at
East end of the cul-de-sac. (Department of Planning Services)
E. The location of the mail box facility and school bus stop. (Department of Planning Services)
F. The applicant shall submit a name for the road that is unlike any other name within Weld
County. (Department of Planning Services)
G. The applicant shall delineate on the plat an area for septic system replacement envelopes.
Primary and secondary system envelopes shall be designated on each lot. Each envelope
must meet current minimum setbacks as specified in the Weld County Individual Sewage
Disposal System Regulations. (Department of Public Health and Environment)
H. All future signs including entrance signs, street signs and stop signs. (Dept. of Planning
Services)
All internal roadways shall have sixty (60) feet of right-of-way. Cul-de-sacs shall have a
sixty-five (65) foot right-of-way radius. If Weld county is to assume maintenance of these
roads, the roadway itself shall have twelve (12) foot paved lanes and four(4) foot gravel
shoulders. The cul-de-sac shall have a fifty (50) foot edge of driving lane radius.
(Department of Public Works)
Shultz,Z 542,page 4
4. Prior to recording the Change of Zone plat:
A. The applicant shall submit a reconfigured road plan to the Weld County Department of
Public Works. The plan shall include a mail area at the entrance to the minor subdivision
and bus stop location. The applicant shall submit evidence of Public Works approval to the
Planning Department. (Department of Public Works, Dept. of Planning Services)
B. The applicant shall provide evidence that Thompson R2-J School District has been
contacted regarding the proper location of the school bus stop. (Dept.of Planning Services)
C. The applicant shall provide written evidence from the Thompson R2-J School District
illustrating an agreement between the applicant and the school district has been met. (Dept.
of Planning Services)
D. The applicant shall provide evidence to the Department of Planning Services'that Larimer
County Planning and Engineering Departments have been contacted and their concerns
addressed in a memo dated April 5, 2000. Written evidence of a solution shall be provided
to the Department of Planning Services for review and approval. (Dept. of Planning
Services)
E. The applicant shall submit a proposed estimate for time of construction of the Minor
Subdivision. (Dept. of Planning Services)
5. 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:
A. 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.
B. Water service shall be provided by Little Thompson Water District and sewage disposal
shall be from individual septic systems.
C. A Weld County Septic Permit is required for each proposed septic system and shall be
installed according to the Weld County Individual Sewage Disposal System Regulations.
Each septic system shall be designed for site specific conditions including but not limited
to maximum seasonal high ground water, poor soils and shallow bedrock.
D. Language for the preservation and /or protection of the second absorption field envelope
shall be placed in the development covenants. The covenants should state that activities
such as landscaping (i.e. planting of trees and shrubs) and construction (i.e., auxiliary
structures,dirt mounds,etc.)are expressly prohibited in the designated absorption field site.
E. In the event that five (5) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a storm water discharge permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment.
F. Proper Building permits shall be obtained prior to any construction or excavation.
G. Building permits are required for any accessory buildings being constructed or moved onto
the property. Additionally, permits are required for any decks or patios.
Shultz,Z 542,page 5
H. 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.
Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance.
J. Outdoor storage shall be screened from public rights of way, and adjacent properties.
K. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan, shall be
recognized at all times.
L. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works , Public Health & Environment, Planning Services, Building
Inspection, the Berthoud Fire Protection District,and adopted Weld County ordinances and
policies.
6. At the time of Final Plan submittal:
A. The applicant shall enter into an Improvements Agreement Regarding Collateral for all
improvements to the Minor Subdivision. (Dept. of Planning Services)
B. The applicant shall submit a drainage report, signed by a Colorado licensed engineer, to
the Department of Public Works for approval. The applicant shall supply the Department
of Planning Services with written approval from the Department of Public Works. (Dept. of
Planning Services, Dept. of Public Works)
Shultz,Z 542, page 6
figrMITIIIH
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, ERVICE0
FAX (970) 304-6498
17T 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
Illik
COLORADO
March 13, 2000
Harlan Schultz
139 WCR 46
Berthoud, CO 80513
Subject: Z-542 - Request for a Change of Zone for a 5-Lot Minor Subdivision on a parcel of land described as
Part of the W2 SW4 of Section 7, Township 4 North, Range 68 West of the 6th P.M., Weld County,
Colorado.
Dear Mr. Schultz:
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 May 16, 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 or municipality. Therefore,
our office has forwarded a copy of the submitted materials to the Johnstown and Berthoud Planning Commissions
for their review and comments. Please call the town of Johnstown at 970-587-4664 and the town of Berthoud at 970-
532-3754 for further details regarding the date,time, and place of these meetings. It is recommended that you and/or
a representative be in attendance at the Johnstown and Berthoud Planning Commission meetings 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 ca!!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,
11 �� 4,..u,., EXHIBIT
�Kii-m `O•g nd Robert Anderson
Planners I
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EXHIBIT
El ay
FIELD CHECK inspection date: March 1, 2000
CASE NUMBER: RE 2668
APPLICANT: Harlan Shultz
LEGAL DESCRIPTION: Pt. W2 SW4 Section 7, Township 4 North, Range 68 West of the
6th PM, Weld County, CO
LOCATION: East of and adjacent to WCR 1; North of and adjacent to WCR 46
Zoning Land Use
N A (Agricultural) N Modular home with fenced outbuildings
E A (Agricultural) E Row Crops
S A (Agricultural) S Farmstead 1940s with outbuildings and crops
W A (Agricultural) W Corn
COMMENTS:
• WCR 46 is closed to thru traffic for installation of new waterline - all weather road
• Open non tiled irrigation ditch immediately adjacent to WCR 1 - R/W 20' +/-
• Willows and herbaceous through-out ditch r-o-w
• all weather road, slick, muddy and messy
• Very much rural residential / agricultural lands with no built-up areas
• 1.5 miles north of Berthoud town limits
Addressed as 139 / 141 WCR 46
two storey house, tudor style with composite roof
single storey building east of house with composite roof
single lane all weather access
numerous outbuildings, including a large metal structure
much of this area is screened via a hedge row of plantings only
53' Trailer near east side of large structure
scraps east of structure in pile
visually could not verify other violations from road row
land is vacant, possibly in hay
Kim Ogle, nner
FIELD CHECK inspection date: March 13, 2000
CASE NUMBER: Z 542
APPLICANT: Harlan Shultz
LEGAL DESCRIPTION: Pt. W2 SW4 Section 7, Township 4 North, Range 68 West of the
6th PM, Weld County, CO
LOCATION: East of and adjacent to WCR 1; North of and adjacent to WCR 46
Zoning Land Use
N A (Agricultural) N Modular home with fenced outbuildings
E A (Agricultural) E Row Crops
S A (Agricultural) S Farmstead 1940s with outbuildings and crops
W A (Agricultural) W Corn
COMMENTS:
• WCR 46 is closed to thru traffic for installation of new waterline - all weather road
• Open non tiled irrigation ditch immediately adjacent to WCR 1 - R/W 20' +/-
• Willows and herbaceous through-out ditch r-o-w
• all weather road, slick, muddy and messy
• Very much rural residential / agricultural lands with no built-up areas
• 1.5 miles north of Berthoud town limits
Land under consideration for 5-Lot Minor Subdivision is vacant and in pasture
See comments for RE 2668 for Site Specific conditions for RE lot
Kim Ogl:, fanner
EXHIBIT
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