The URL can be used to link to this page

Browse Search

Home My WebLink About981074.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Merle& Karla Grieser Case Number: S-448 Submitted or Prepared Prior to Hearing At Hearing 1. Comments 2. DPS Land Use Summary X 3. Staff Recommendation X 4. Staff Field Check X 5. Weld County Utility Advisory Minutes, dated 3/12/98 X 6. Letters from DPS to applicant X 7. Memos from DPS to Planning Commission X 8. Letters from applicant to DPS X "- 9. SPOletters 10. Herman L. &Connie R. Peterson, dated 4/13/98 X 11. Colin R. &Bonnie L. Kelley, dated 4/15/98 &9/29/97 X 12. Frank L. Boulter& Ila J. Leavy, dated 4/10/98 X 13 Legal Notification X 14 Application X 15. Referrals without comments 16. Town of LaSalle, dated 2/25/98 X 17. Division of Wildlife, dated 3/5/98 X 18. Weld County School District RE-1,dated 2/27/98 X 19 Referral list X 20. Referrals with comments 21. Weld County Public Works, dated 1/20,2/24, 3/2, 3/26, 4/3/98 X 22. Weld County Health Dept., dated 2/26/98 X 23 Planning Technician Maps X 24 Surrounding Property Owner Notification X 25. PC Exhibits I hereby certify that the 25 tems 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 on April 27, 1998. Glori Dun , Current Planner STATE OF COLORADO ) COUNTY OF WELD � np SUBSCRIBED AND SWORN TO BEFORE ME THIS as`j-day of 0 t1 19 913. SEAL 6.ha.nst, `fllau-A at NOTARY PUBLIC My Commission Expires OS --03- 02004 981074 40ct:vri WADI LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: S-448 Hearing Date: April 21, 1998 Applicant: Merle D. & Karla L. Grieser Address: 20390 WCR 44 LaSalle, CO 80645 Request: Final Plat for a five(5)-lot Minor Subdivision -- Jubilee Acres Legal Description: Lot B of RE-789 being in E2E2NW4 of Section 21, T4N, R65W of the 6th P.M., Weld County, CO Location: South and adjacent to WCR 44; approximately '/ mile west of WCR 43 Size of Parcel: 40 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Minor Subdivision Final Plat is listed in Section 4.6.9 of the Weld County Subdivision Ordinance, as amended. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Public Works Department • Weld County Health Department • Town of LaSalle • Weld County School District RE-1 • LaSalle Fire Protection District(verbal communication) The Department of Planning Services' staff has not received responses from the following agencies: • Central Colorado Water Conservancy District • U.S. Army Corps of Engineers* • West Greeley Soil Conservation District* • Division of Wildlife* *Referral comments were returned to staff during a previous minor subdivision application Grieser sFI0 7 i MINOR SUBDIVISION FINAL PLAT VII Re ADMINISTRATIVE REVIEW COLORADO PLANNER: Gloria Dunn CASE NUMBER: S-448 HEARING DATE: April 21, 1998 APPLICANT: Merle D. & Karla L. Grieser ADDRESS: 20390 WCR 44 LaSalle, CO 80645 REQUEST: Final Plat for a five(5)-lot Minor Subdivision -- Jubilee Acres LEGAL DESCRIPTION: Lot B of RE-789 being in E2E2NW4 of Section 21, T4N, R65W of the 6th P.M., Weld County, CO LOCATION: South and adjacent to WCR 44; approximately'/ mile west of WCR 43 SIZE OF PARCEL: 40 acres PARCEL NUMBER: 105521000049 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 4.5 of the Weld County Subdivision Ordinance, as amended. 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 4.6.9 of the Weld County Subdivision Ordinance, as amended, as follows: a. Section 4.69.1 -- Compliance with the Weld County Comprehensive Plan, the Weld County Subdivision Ordinance, the zone district in which the proposed use is located' and any adopted intergovernmental agreements, or master plans or affected municipalities. Through the Change of Zone application process, the applicants have demonstrated compliance of the minor subdivision with the Comprehensive Plan as 9 "071 S-448, Merle& Karla Grieser Page 2 well as compatibility with the surrounding area which consists of rural residences and cattle feeding and agricultural production. The overall design of the proposed development adheres to the Subdivision Ordinance and Estate zone district requirements of the Zoning Ordinance and incorporates comments from referral agencies and surrounding property owners. The Town of LaSalle, approximately three miles from the property, stated no conflict with the minor subdivision. b. Section 4.6.9.2 -- That provisions have been made to preserve prime agricultural land. Soils on the subject site are defined as non-prime by the USDA-Soil Conservation Service. The Right To Farm Covenant is a part of the Jubilee Acres Protective Covenants, alerting lot owners of the potential conflicts that may occur as a result of residing in a predominantly agricultural area. c. Section 4.6.9.3 -- That provisions have been 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. Central Weld County Water District is proposed for water service to the development. d. Section 4.6.9.4-- That, ilia public sewage disposal system is proposed,provision has been made for the system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the minor subdivision. Individual septic systems are proposed for each lot and will be installed according to Weld County Health Department regulations. e. Section 4.69.5 -- That all areas of the minor subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions. In accordance with Colorado Geological Survey recommendations, swale areas have been identified on Lots 4 and 5 of the plat as non-buildable areas and a site-specific soil investigation for each lot is required prior to development due to potentially expansive soils. Section 4.6.9.6 -- That streets within the minor subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the minor subdivision. All roads within the minor subdivision shall be a minimum of eighteen (18)feet in width and shall have a minimum depth of four (4) inches of gravel base. The Public Works Department has reviewed the application and determined that both accesses meet these standards. g. Section 4.6.9.7-- That off-site street or highway facilities providing access to the proposed minor subdivision are adequate in functional classification, width, and S-448, Merle & Karla Grieser Page 3 structural capacity to meet the traffic requirements of the minor subdivision. Two accesses are existing to the property from Weld County Road 44, which is classified a paved collector road. The Public Works Department has determined that this road is adequate to handle the additional traffic generated by five residential lots. h. Section 4.6.9.8 -- That the construction, maintenance, snow removal, and other matters pertaining to or affecting the road and rights-of-way for the minor subdivision are the sole responsibility of the land owners within the minor subdivision. Jubilee Acres' Protective Covenants state the Homeowners' Association responsibility regarding all internal road maintenance. i. Section 4.6.9.9 -- That the minor subdivision is not part of or contiguous with a previously recorded subdivision or unincorporated townsite. The property is not part of or contiguous with a previously recorded subdivision or unincorporated townsite. j. Section 4.69.10-- That there will be no on-street parking permitted within the minor subdivision. On-street parking would not be allowed on Jubilee Way, as stated in the conditions of approval. k. Section 4.69.11 --That no additional access to county, state, or federal highway will be created Two existing accesses will service the development, one for residential uses and the other for oil and gas structures and agricultural uses. 1. Section 4.69.12 -- That the ingress and egress to all lots within the minor subdivision will be to an internal road circulation system. Access to all lots from Weld County Road 44 would be onto Jubilee Way, the residential street system. The secondary access along the east boundary would be restricted for oil and gas and agricultural uses only. m. Section 4.69.13 -- That facilities providing drainage and storm water management are adequate. A drainage report submitted by a professional engineer has been reviewed and approved by the Weld County Public Works Department. n. Section 4.6.9.14 -- That the maximum number of lots within the minor subdivision will not exceed five (5) lots. Five rural residential lots are being proposed for development in the minor subdivision. o. Section 4.69.15— That the minor subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection or other services. The applicants have satisfied LaSalle Fire Protection District requirements in the proposed placement of two fire hydrants on the site, as delineated on the plat. The Weld County Sheriff's Office and Weld County School 991074 S-448, Merle & Karla Grieser Page 4 District Re-1 responded during the minor subdivision process with no conflict. p. Section 4.6.9.16-- The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land, and historical sites. The Division of Wildlife stated that the habitat on this site does support some wildlife which will not be greatly impacted by the minor subdivision; recommendations to inform prospective lot owners and encourage co-existence with wildlife appear as a requested note on the plat. 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 Department of Planning Services's staff recommendation for approval is conditional upon the following: 1. Prior to recording the Minor Subdivision Final Plat: a. The Board of County Commissioners shall review and approve the Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance)including the form of collateral. The security for the agreement shall be tendered and accepted by the Board of County Commissioners. (Planning) b. The Protective Covenants for Jubilee Acres shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. (Planning) c. The plat shall be amended : (1) to delete the last sentence of the Right To Farm Covenant as shown on the plat: "Parents (need or must) be responsible for their children". (Planning) (2) to show the location of the 20 mile-per-hour speed limit sign on the site. (Planning) 2. In addition to the four(4)notes delineated on the plat by the applicants, the following notes shall be placed on the Jubilee Acres Minor Subdivision Final Plat: a. The permitted uses within the minor subdivision include five (5) rural residential lots which shall comply with the E(Estate)zone district requirements as identified in the Weld County Zoning Ordinance and described in the application materials. (Planning) QQ1 O 74 S-448, Merle& Karla Grieser Page 5 b. Central Weld County Water District shall provide water service to Jubilee Acres. (Planning) c. Sewer service shall be provided by individual sewage disposal systems approved by the Weld County Health Department. Due to soil limitations in areas of the property, it may be necessary for a Colorado Registered Engineer to design some of the septic systems. (Health Dept.) d. All lots within Jubilee Acres shall comply with LaSalle Fire Protection District requirements. (Planning) e. Access to all lots within Jubilee Acres shall be from Weld County Road 44. Two accesses to the minor subdivision shall be allowed from Weld County Road 44, as shown on the plat. All lots shall access Weld County Road 44 from the west access known as Jubilee Way. The east access shall be restricted for oil and gas and agricultural uses only. No additional accesses shall be permitted. (Public Works Dept.) f. The internal street within Jubilee Acres, known as Jubilee Way, will be built to county standards and privately maintained by the Homeowners' Association. (Public Works Dept.) g. No on-street parking shall be allowed on Jubilee Way. (Planning) h. The common area/buffer strip located in the 80-foot right-of-way between Jubilee Way and the west property line of Jubilee Acres shall be jointly owned and maintained by the Homeowners' Association. (Planning) i. Outdoor storage shall be screened from public rights-of-way and adjacent properties. (Planning) j. Potential lot owners shall be made aware of oil and gas and farm-related traffic periodically occurring on the east access road of Jubilee Acres and, to a lesser extent, on Jubilee Way. (Colorado Geological Survey) k. Coexistence with wildlife is encouraged in rural areas. Potential lots owners shall be made aware that this property supports a variety of wildlife species, some of which may remain following development of the site. (Division of Wildlife) 1. A 20 mile-per-hour speed limit sign shall be placed adjacent to Jubilee Way, near the entrance of the minor subdivision, and maintained by the Homeowners' Association. (application materials & Planning) 9'31.074 S-448, Merle & Karla Grieser Page 6 m. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance, as amended. (Planning) n. The Right To Farm Covenant, as stated in Jubilee Acres' Protective Covenants and as shown on the plat, shall be recognized at all times. (Planning) o. No structures of any kind shall be allowed within the buffer area (land situated within the 80-foot right-of-way between Jubilee Way and the west property boundary) of the minor subdivision. (Planning) 3. Prior to release of building permits in Jubilee Acres minor subdivision: a. Evidence shall be submitted to the Department of Planning Services that two (2) fire hydrants have been installed on the site in accordance with the Minor Subdivision Final Plat and LaSalle Fire Protection District requirements. (Planning) b. The applicants shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division if applicable. (Health Dept.) 4. In accordance with the timing of completion of internal improvements (street, utilities, drainage, signs) within Jubilee Acres minor subdivision, the applicants shall construct the school bus pullout area as delineated on the plat. (Planning) 991.074 AMENDED Field Check inspection date: April 8, 1998 Case Number S-448 Applicant Merle & Karla Grieser Request Minor Subdivision Final Plat -- 5 lots Legal Description Lot B of RE-789 Parcel Number 105521000049 Location South and adjacent to WCR 44; approximately '/z mile west of WCR 43 Zoning Land Use N A (Agricultural) N WCR 44, residence, cattle feeding, agricultural production E A (Agricultural) E 2 residences, agricultural production, oil & gas structures, outside storage of materials S A (Agricultural) S agricultural ground W A (Agricultural) W 2 residences, agricultural production, Platte Valley Canal Unsafe Conditions: There are no apparent unsafe conditions on the site Comments: The site accesses WCR 44 (paved arterial) at 2 existing points, one on the east &one on the west boundary of property. The access roads are gravel; the east road serves oil and gas structures, and the west serves the applicants' residence (Lot 3). The east access has poor site distance on WCR 44. The property is very irregular in elevation, the high areas being on the east (sloping down to the west) and toward the rear of the site. There is no farming activity on site. Residences to east front the proposed development, Residence on west is screened from the subject site by a row of trees extending the full N-S length of its yard. A strip of natural grass exists between the access road and west boundary. A number of rural residences are in the immediate area, some on lots which are similar in size to what is proposed in this minor subdivision. Glc+'ia Du n, Current Planner P91 °74 I i004iinir i I MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMIT lEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,March 12, 1998,at 10:00 a.m.,in the Conference Room of the Weld County Administrative Offices at 1400 North 17th Avenue, Greeley,Colorado. Members Present Don Carroll,Weld County Public Works Gary Sandau,LaSalle Fire Protection District Also Present: Shani Eastin,Department of Planning Services;Todd Hodges,Department of Planning Services;Karla Grieser, Jubilee Acres; Mary Ross, Jubilee Acres; Steve Stencel, Jubilee Acres; Mike Thomas, Hill-n-Park; Sharon Marquez, Secretary. CASE NUMBER : S-448 PLANNER: Shani L. Eastin APPLICANT: Merle and Karla Grieser REQUEST: Minor Subdivision Final Plat(5 Estate Lots)-Jubilee Acres LEGAL DESCRIPTION: Lot B of RE-789,E2E2NW4 of Section 21,T4N,R65W of the 6th P.M., Weld County, Colorado LOCATION: South if and adjacent to Weld County Road 44;approximately 1\2 mile west of Weld County Road 43. For a more precise location, see legal. Shani Eastin,Department of Planning,gave an overview of the proposed final plat for five estate lots for Jubilee Acres. Weld County Road 44 gave paved access to the subdivision. The subdivision plat provided for a 15 foot utility easement around the perimeter of each lot,with a 10 foot easement between lot lines.. Todd Hodges and Shani Eastin,Department of Planning,discussed the additional acreage on the west side of the main entrance and whether this constituted separate lots. Staff agreed that the simplest solution would be to replat the easement as right-of-way. Todd Hodges asked Don Carroll if he had a problem with the 80 foot right-of-way verses the standard 60 foot. Don Carroll replies that this did not create a problem. Steve Stencel expressed concern that the replat would decrease the acreage of some of the lots. Discussion by all present concluded that the reduction in size would be minimal. Steve Stencel and Gary Sandau discussed fire hydrants for the subdivision. Gary Sandau was also concerned about road grading and possible rupture of an underground gas line. The applicant assured that the road would follow the crest of the hill and would not create a problem. Don Carroll asked if everyone present was comfortable with the motion to except the plat. Gary Sandau moved to accept the plat. Don Carroll seconded the motion. Motion carried unanimously. Respectfully submitted, Sharon Marquez Secretary wan 991074 (Vesta DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 352-63 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 17, 1998 Merle and Karla Grieser 20390 WCR 44 LaSalle, CO 80645 Subject: 5-448- Request for approval of a Minor Subdivision Final Plat(5 Estate Lots) -Jubilee Acres on a parcel of land described as Lot B of RE-789, E2E2NW4 of Section 21,T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Grieser: 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,April 7, 1998, at 1:30 p.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street,Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday,March 12, 1998, at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 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 LaSalle Planning Commission for its review and comments. Please call Town of LaSalle a(970-284-6931, 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. Si erely, S i L. Eason _ ewe Cu ent Planner 991.074 0 rs DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone(970) 353-6100, Ext. 3540 WI I Fax (970) 352-6312 COLORADO March 30, 1998 Mr. & Mrs. Merle Grieser 20390 WCR 44 LaSalle, CO 80645 RE: S-448, Minor Subdivision Final Plat for Jubilee Acres Dear Mr. &Mrs. Grieser: Thank you for meeting with me on Friday, March 27, 1998,to discuss the status of your 5-lot Minor Subdivision proposal. I have forwarded a copy of the revised plats submitted by you on Friday to Don Carroll of Public Works for his review and comments. There may be other changes requested by him. The purpose of this letter is to restate the items which yet need to be included in this application, in part, as a result of additions requested by the Board of County Commissioners' at the Change of Zone hearing. The additional items for submittal which we agreed upon on Friday are: 1) Delineation of building envelopes on Lots 4 and 5 of the plat, or a reason given why these are neither necessary or desired. Staff also requests that the residence and any other principal structures existing on Lot 3 be shown on the plat. 2) Dust control proposal for the internal street. 3) Clear delineation of the school bus pullout area shown on plat, including its dimensions. 4) Identification of a homeowners association or legal governing entity to assume responsibility for and maintenance of the internal street,"buffer"strip west of and adjacent to the street, and dust control. 5) Revision of Exhibit B of the Improvements Agreement giving proposed dates for completion of improvements. When these items are received by the Department of Planning Services, reviewed and determined to be sufficient to move ahead with the hearing, it will be possible to reschedule a date for the Final Plat with the Planning Commission. I very much appreciate your cooperation, Mr. and Mrs. Grieser, and look forward to hearing from you when the additional materials are ready for submittal to our office. If you have questions or desire further clarification, please feel free to contact me. Sincerely, • lori. Dunn urre t Planner Service,Teamwork,Integrity,Quality 46;t4n. 1 MEMORANDUM ILTO: Weld County Planning Commission March 31, 1998 COLORADO FROM: Gloria Dunn, Current Planner SUBJECT: S-448, Merle & Karla Grieser Minor Subdivision Final Plat On April 7, 1998, a continuance will be requested for this case with the Planning Commission. Staff is waiting for additional information to be submitted addressing a homeowners association or other governing entity for the development, location of building envelopes on Lots 4 and 5, dust control measures and further delineation of the school bus pullout area. Late last week, the applicants also brought in an amended plat showing adjustments to the placement of the internal street and adjacent easements; this is currently being reviewed by Planning and Public Works. SERVICE,TEAMWORK,INTEGRITY,QUALITY100000 9S1074 1 46itoto titi>„ MEMORANDUM IITO: Weld County Planning Commission April 7, 1998 COLORADO FROM: Gloria Dunn, Current Planner SUBJECT: S-448, Merle & Karla Grieser \\)) The Department of Planning Services' staff recommends that the Planning Commission continue this Minor Subdivision Final Plat proposal to April 21, 1998, at 1:30 p.m. in order to allow sufficient review time of recently submitted application materials and preparation of staff comment. The applicants concur with the requested continuance, as indicated in the attached letter. SERVICE,TEAMWORK,INTEGRITY,QUALITY P 19107 April 7, 1998 Weld County Planning Commission Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Re: Planning Commission hearing scheduled April 7, 1998, Jubilee Acres Minor Subdivision. Dear Commissioners: At the recommendation of our new planner, Ms. Gloria Dunn, we are requesting a continuance of the above mentioned hearing to be rescheduled for April 21, 1998. This is due to different requirements that were not presented to us until our meeting March 27, 1998, with Ms. Dunn. At that time Ms. Dunn said that if we have the additional materials in to her office by April 7th, later changed to April 6th on the phone, that she will have time to review it and prepare her recommendation for the 21a meeting. As we met that deadline and presented the additional materials on April 6, 1998, we respectfully request the continuance until April 21, 1998. Since ly, 4cei,„,72 Merle & Karla Grieser, Applicants Jubilee Acres Minor Subdivision Weld County Planning Dept, APR OE 1998 Recta VED saw I991074 Hello