HomeMy WebLinkAbout961608.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: John T. &James I. Martin Case Number S-401
Submitted or Prepared
Prior
to Hearing At Hearing
1. P.C. Resolution x
2. Comments
a. Staff summary sheet x
b. Staff recommendation (6 pages) x
c. Staff letter to applicant x
d. Field check x
3. Legal notice x
4. Application (80 pages) x
5. Plat(2 pages) x
6. Referrals w/o comments
a. Weld County Sheriffs Department x
b. Referral list x
7. Referrals w/comments
a. State Division of Water Resources 6/25/96 x
b. Weld County Public Works Dept. 7/8/96 x
c. Ft. Lupton Planning Commission 6/18/96 x
d. Ft. Lupton RE-8 School District 6/18/96 x
e. Weld County Health Dept. 6/26/96 x
f. Ft. Lupton Fire Protection District x
g. Army Corps of Engineers 6/6/96 x
h. Ft. Lupton Planning Commission 7/10/96 x
i. Farmers Reservoir& Irrigation Co. memo 7/12/96 x
j. Weld County Public Works Dept. 8/2/96 x
k. Weld County Health Dept. 7/25/96 x
I. Platte Valley Soil Conservation District x
m. State Division of Water Resources 7/24/96 x
8. DPS maps (3 pages) x
9. Surrounding property owners list, affidavit x
a. Letter from Philip & Bonnie Johnson 7/15/96 x
b. Letter from Janet Cooper 7/15/96 x
10. Utilities x
a. Water supply letter from WRC Engineering 7/12/96 x
11. Soil study x
I hereby certify that the 11 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 on August 12, 1996.
961608
Gloria un , Current Planner
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COUNTY OF WELD
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961.6"8
LAND-USE APPLICATION
SUMMARY SHEET
Date: July 9, 1996
CASE NUMBER: S-401
NAME: John T. & James I. Martin
ADDRESS: 147 Denver Avenue, Ft. Lupton, CO 80621
REQUEST: Major Subdivision Preliminary Plan
LEGAL DESCRIPTION: SE4 NW4 and SW4 of Section 12, T1N, R66W
LOCATION: North of and adjacent to Weld County Road 10 and approximately 1/2
mile west of Weld County Road 37
SIZE OF PARCEL: 195 acres, more or less
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this Major Subdivision Preliminary Plan is listed in
Section 6.3 .1.9 of the Weld County Subdivision Ordinance, as amended.
The Department of Planning Services' staff has received referral responses from:
Weld County Health Department
Weld County Sheriff's Department
Fort Lupton Planning Commission
State of Colorado Division of Water Resources
Weld RE-8 School District
Fort Lupton Fire Protection District
U.S. Army Corps of Engineers
Weld County Public Works Department
Staff sent a referral packet to the Farmers Reservoir & Irrigation Company (Speer
Canal) . Letters dated May 10 & 20, 1996, from John Akolt, III, General Counsel
for FRICO, may be found in the application packet and indicate the Company's
position on the Ditch issues.
The Department of Planning Services' staff has received inquiries but no
objections from surrounding property owners. EXHIBIT
9616"8 I ov a
COLORADO STAFF SUMMARY
Case Number: S-401
Applicant's Name: John T. & James I. Martin
Request: Major Subdivision Preliminary Plan
Legal Description of Property: SE4NW4 and SW4 of Section 12, T1 N,
R66W (147112000057)
Location: North and adjacent to Weld County Road 10 right-of-way;
approximately 1/2 mile west of Weld County Road 37
Zone District: E(Estate)
Proposed Use: 51 rural residential lots to be developed in seven (7)
phases. Tract A for open space recreational (horse riding) use, Tract B is
20-foot wide maintenance easement set aside for the Speer Canal.
Parcel size: 195 acres, more or less
Proposed Water Supply: Community well system from a series of 7 wells
Proposed Sewer: Individual sewage disposal systems
Access: Weld County Road 35 on the west and Weld County Road 10 on
the south. The roads are required to be upgraded south from State
Highway 52 and west from Weld County Road 37 to the entrances to the
subdivision; completion of a Road Maintenance Agreement between the
applicants and Weld County will occur at Final Plat stage.
Comments: It was determined by the Board of County Commissioners that
this parcel meets the criteria for a change of zone to E(Estate). It is the
staffs opinion that services available to this site meet the minimum
standards required to serve a major subdivision.
961628
DATE: August 6, 1996
PLANNER: Gloria Dunn
CASE NUMBER: S-401
NAME: John T. &James I. Martin
ADDRESS: 147 Denver Ave., Fort Lupton, CO 80621
REQUEST: Major Subdivision Preliminary Plan
LEGAL DESCRIPTION: SE4 NW4 and SW4 of Section 12, T1N, R66W of the 6th P.M.,
Weld County, CO (147112000057)
LOCATION: North and adjacent to Weld County Road 10 right-of-way and approximately 1/2
mile west of Weld County Road 37
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 6.2
of the Weld County Subdivision Ordinance, as amended.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 6.3.1.9 of the Weld County Subdivision Ordinance, as amended,
as follows:
a. The proposed major subdivision was located within the three-mile Urban Growth
Boundary of the City of Fort Lupton, as defined in the Weld County Comprehensive
Plan, at the time of the approval (October 11, 1995) of the change of zone from
A(Agricultural) to E(Estate). Since that time the Comprehensive Plan has been
amended, reducing the Urban Growth Boundary standard to 1/2 mile. The Fort
Lupton Planning Commission was requested to comment on the application because a
three-mile referral area for incorporated municipalities has been retained as a standard
in the Comprehensive Plan. As stated in a letter dated July 10, 1996, the Fort Lupton
Planning Commission does not have a conflict with the proposal.
b. The request demonstrates compliance with the Weld County Comprehensive Plan, as
amended, and the Estate zone district in which the proposed major subdivision is
located. The Residential, Public Facilities, Transportation and Environmental goals
and policies of the Comprehensive Plan were reviewed by staff in the evaluation of this
Preliminary Plan application.
961628 8
S-401, John T. &James I. Martin
page two
c. Comments received from referral agencies have been addressed or are required to be
addressed by the applicants prior to submittal of the Major Subdivision Final Plat.
d. Definite provision has been made for a water supply that is sufficient in terms of
quantity, dependability and quality to provide water for the major subdivision, including
fire protection. A community water supply is proposed from a series of seven (7) wells
in the non-tributary Laramie Fox-Hills aquifer; the water supply has been conditionally
approved by the State Division of Water Resources. The water supply must comply with
the requirements for a community water system as defined in the Primary Drinking
Water Regulations (5CCR 1003-1). Further documentation will be required by the
State as a part of the Major Subdivision Final Plat submittal.
e. Definite provision has been made for individual sewage disposal systems to serve the
major subdivision which will comply with and be installed in accordance with Weld
County Health Department regulations. The Environmental Protection Services
Division of the Health Department evaluated a soils and geologic report submitted by
the applicants during the Change of Zone proposal of this subdivision. It was
determined at that time that conventional septic systems would be suitable for the
majority of the soils on site; the clay soils may require engineer-designed septic systems.
f. Streets within the major subdivision will be adequate in functional classification, width,
and structural capacity to meet the traffic needs of the subdivision in accordance with
the requirements set forth in Section 10 (Design Standards) of the Weld County
Subdivision Ordinance, as amended. In accordance with Section 10.2.1 of the
Subdivision Ordinance, interior streets are required to be paved in a major subdivision.
Staff is recommending that this Preliminary Plan request be approved with the
stipulation that the applicants agree to pave the interior streets and that this issue be
further addressed and documented prior to submittal of the Final Plat. The
Improvements Agreement According Policy Regarding Collateral will ensure that
interior streets are built according to Weld County standards.
g. Off-site street or highway facilities providing access to the site will be adequate in
functional classification, width, and structural capacity to meet the traffic requirements
of the major subdivision. The applicants have indicated a willingness to enter into a
Road Maintenance Agreement with Weld County for extension of and improvements
to Weld County Roads 35 and 10 which will provide ingress and egress to the major
subdivision.
h. Facilities providing drainage and stormwater management will be adequate , according
to the Weld County Public Works Department in a memorandum dated July 8, 1996.
or A! '1g
S-401, John T. &James I. Martin
page three
i. The major subdivision will not cause an unreasonable burden on the ability of local
governments or districts to provide fire and police protection, hospital, solid waste
disposal, and other services. The Fort Lupton Fire Protection District has indicated
that it has approved the proposed fire protection plan (residential sprinkler systems) for
the proposed use. The Weld County Sheriff's Department responded that it has no
conflict with the Preliminary Plan request.
j. The major subdivision will not cause air pollution violations based on Colorado
Department of Public Health and Environment standards. The Weld County Health
Department reviewed the proposal and has no conflict.
k. The major subdivision will conform to the subdivision design standards of Section 10
of the Weld County Subdivision Ordinance, as amended. The applicants have indicated
that the RE-8 (Fort Lupton) School District is in the process of considering student
impacts of the proposed development on the School District. The applicants have
indicated a willingness to work with the School District regarding impact fees; this will
be further addressed prior to submittal of the Final Plat.
1. The major subdivision will not have an undue adverse effect on wildlife and its habitat,
the preservation of agricultural land, and historical sites. The Colorado Division of
Wildlife, in a letter dated August 20, 1995, stated that the effects of a subdivision being
developed on this site would have no significant impact on the local wildlife population.
Staff is not aware of the presence of any historical sites at this location.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicants, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. The Major Subdivision Preliminary Plan plat shall be amended to show:
a. Twenty (20)-foot utility easements along the rear lot lines of Phase 7, the rear lot lines
of Phase 3 which are adjacent to Weld County Road 10 right-of-way, the (south) side
lot line of Lot 1, Phase 6, and along all lot lines located adjacent to the Speer Canal
right-of-way on both the east and west sides, in accordance with requirements of the
Weld County Utility Advisory Committee.
b. A typical cross-section of Weld County Roads 10 and 35, identifying width and depth
of asphalt and road base, shoulders, driving lanes, borrow pit ditches and all pertinent
rights-of-ways.
96623
S-401, John T. &James I. Martin
page four
c. A typical cross-section of the sixty (60)-foot right-of-way for internal streets, identifying
driving lanes, shoulders and pertinent easements, if applicable.
d. The minimum radius for all cul-de-sacs as sixty-five (65) feet with a minimum paved
radius of fifty (50) feet.
2. Prior to acceptance of the Major Subdivision Final Plat submittal by the Department of
Planning Services, the applicants shall provide the following:
a. Written documentation from the Colorado Division of Water Resources indicating that
the proposed water supply meets State requirements for a community well system to
serve the major subdivision. The applicants shall provide evidence of a secured water
court decree or issued well permits, in accordance with Section 30-28-136(1)(h)(I),
C.R.S.
b. Adequate information detailing operation and control of the community water system,
as requested by the Colorado Division of Water Resources in a letter dated June 25,
1996.
c. A proposed Road Maintenance Agreement with Weld County for
improvements/construction of that portion of Weld County Road 10 which runs west
of Weld County Road 37 to the south entrance of the major subdivision, as shown on
the plat. A proposed Road Maintenance Agreement with Weld County for
improvements/construction of that portion of Weld County Road 35 which runs south
of State Highway 52 to the west entrance of the major subdivision, as shown on the
plat.
d. A statement indicating the applicants' willingness to pave the internal streets within the
major subdivision, in accordance with Section 10.2.1 of the Weld County Subdivision
Ordinance, as amended. Paving of the streets may be timed for completion as phasing
of the site occurs.
e. Location of building envelopes identified on each of the residential lots. The building
envelopes shall be situated on a high point of the property; none will be allowed in the
"blow-out hole" areas, as requested by Don Carroll of the Weld County Public Works
Department in a memorandum dated July 8, 1996.
f. Agreement signed by both the applicants and Weld RE-8 School District regarding a
method by which the applicants/property owners will contribute toward impacts to the
School District resulting from an increase in students brought about by the major
subdivision.
961628
S-401, John T. &James I. Martin
page five
g. Written documentation from the Fort Lupton Fire Protection District indicating that
adequate evidence has been provided by the applicants regarding the major subdivision's
ability to meet fire flow demands for the residential sprinkler system, in accordance with
NFPA 13D, as requested in a letter dated June 5, 1996 from Larry Richardson of the
Fire District.
h. Completion of an Improvements Agreement According Policy Regarding Collateral for
Improvements to guarantee completion of street and utility improvements and
maintenance of open space within the major subdivision.
Final, revised copy of declaration of covenants, grants of easement and restrictions
imposed upon any land, buildings, and structures within the major subdivision. This
document shall include but not be limited to the following:
I) The Right to Farm covenant.
II) Fire flow demands for the residential sprinkler systems, as requested by Fort
Lupton Fire Protection District.
III) Allowed uses and maintenance of Tract A, designated as private common open
space for equestrian uses by residents of the major subdivision.
IV) Requirement for individual lot owners to submit to and have approved by the
Department of Planning Services prior to the release of each residential building
permit:
A. A soils and foundation investigation report prepared by a qualified soils and
foundation engineer.
B. A soil erosion control/groundcover plan suited to the individual site.
V) A statement that the maximum number of large animals allowed per acre shall be
one (1).
VI) All restrictions regarding usage of the Speer Canal and its easements by residents
of the major subdivision. The restrictions shall be reviewed and approved by the
Farmers Reservoir and Irrigation Company prior to inclusion in the covenants.
j. Final copy identifying the powers and responsibilities of the Homeowners Association
in administering water to all lots in the major subdivision and in maintenance of interior
streets and common open space.
96161 8
S-401, John T.&James I. Martin
page six
k. Copy of finalized Boundary and Joint Use Agreement between the applicants and
Farmers Reservoir and Irrigation Company for the Speer Canal which runs through the
major subdivision.
1. The design and drawings for the two bridge structures to be built across the Speer Canal
for use by residents of the major subdivision. Design of the structures must comply with
the requirements of the Farmers Reservoir and Irrigation Company and be built in
accordance with Weld County standards.
m. A development plan for Tract A, private common open space to be improved for
recreational use, to include but not be limited to:
I. Equestrian activities to be allowed on the parcel.
II. Amenities/improvements to be constructed, eg. private riding arena, stable or
shed, fencing, etc.
III. Soil erosion control plan which ensures that adequate groundcover will be
maintained on this site for the stated recreational uses.
IV. Water source or justification for lack of water on the site.
V. Method and frequency of manure removal to prevent nuisance conditions.
VI. Method of preventing runoff from the site to surrounding properties.
VII. Establishment of equestrian easements providing a means to access the parcel
from all lots within the major subdivision.
Development and maintenance of the private common open space lot must be provided
for in the declaration of covenants and subdivision improvements agreement for the
major subdivision.
n. All application requirements set forth in Section 7.2 of the Weld County Subdivision
Ordinance, as amended.
11�.'n6'is
4K1 MEMORANDUM
TO: Weld County Planning Commission July 29, 1996
COLORADO FROM: Gloria Dunn, Current Planner p� .
SUBJECT: S-401, John & James Martin)
Staff has had telephone communication with the State Engineer's Office regarding the
amendment in water usage per lot proposed for the major subdivision. John Schurer of the
State Engineer's Office stated that the reduction from 5,000 to 4,000 allowable irrigated square
feet per lot is sufficient to meet the number of acre feet of water available on a annual basis.
Both he and Lee Morrison agreed that the issue of valid well permits or a water court decree
could be pursued prior to the Major Subdivision Final Plat stage.
Staff is attempting to obtain written documentation from the State Engineer prior to the August 6
hearing.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
fern MEMORANDUM
TO: Weld County Planning Commission July 16, 1996
COLORADO FROM: Gloria Dunn, Current Planner
SUBJECT: S-401, Major Subdivision Preliminary Plan for John T. &
James I. Martin
The Department of Planning Services' staff recommends that the Planning Commission
continue this request for a Major Subdivision Preliminary Plan to August 6, 1996, at 1:30 p.m.
In response to the State Engineer's referral, the applicants submitted a change in the amount of
water that will be available for irrigation usage per residential lot. Staff is waiting for the State
Engineer's Office to review and comment on this change. The adequacy of the proposed water
supply will be evaluated by staff following receipt of this information.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
9616'`8
4t1 MEMORANDUM
wigC TO: Weld County Planning Commission July 9, 1996
COLORADO FROM: Gloria Dunn, Current Planner
SUBJECT: S-401, John T. & James I. Martin
Staff has not yet received adequate information to complete a recommendation for this Major
Subdivision Preliminary Plan request.
Referral responses from Fort Lupton Planning Commission, School District RE-8 and the State
Engineer's Office indicated concerns regarding the application. The applicants have been
informed of these issues and have indicated that they wish to answer the concerns prior to the
staff preparing a recommendation for the Planning Commission.
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SERVICE,TEAMWORK,INTEGRITY,QUALITY
961628
risk6 DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 35151-0978
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
•
GREELEY, COLORADO 80631
C.
COLORADO
May 28, 1996
John T. Martin
147 Denver Avenue
Fort Lupton, CO 80621
James I. Martin
RR 2, P.O. Box 30
Eldrige, MO 65463
Subject: S-401- Request for approval of a Subdivision Preliminary Plan on a parcel of land described
as located in the SE4 of the NW4 and the SW4 of Section 12, Ti N, R66W of the 6th P.M.,
Weld County, Colorado
Dear Mr. John and James Martin:
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, July
16, 1996 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, June 27, 1996 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 Fort Lupton Planning Commission for its review and comments. Please call
Barbara Rodgers, at(303) 356-9225 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.
Sometime prior to July 5, 1996, 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.
EXHIBIT
96: .023
John T. and James I. Martin
Page 2
S-401
The Department of Planning Services' staff will make a recommendation conceming 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,
G ori- Dunn
Cu ent Planner
961£'11
FIELD CHECK
FILING NUMBER: S-401 DATE OF INSPECTION: July 2, 1996
APPLICANT'S NAME: John T. &James I. Martin
REQUEST: Subdivision Preliminary Plan
LEGAL DESCRIPTION: SE4 NW4 and SW4 of Section 12, T1N, R66W
LOCATION: North of and adjacent to Weld County Road 10 and approximately 1/2 mile west of Weld
County Road 37
LAND USE: N Agricultural ground, Weld County Disposal Company
E Speer Canal, Rural residential PUD partially developed, agricultural ground
S Agricultural ground
W Manure composting, agricultural ground, communication tower
ZONING: N A(Agricultural)
E PUD(Planned Unit Development), A(Agricultural)
S A(Agricultural).
W A(Agricultural)
COMMENTS:
Southern access to property: Weld County Road 10 (gravel-surfaced) is built to approximately the eastern
boundary of the site but ends east of the proposed bridge location(see plat)which is proposed for crossing
the Speer Canal. Weld County Road 10 is accessed by way of Weld County Road 37, on the east, which is
a paved county collector road.
Western access to property: Weld County Road 35 south of Weld County Road 12 is unimproved. Weld
County Disposal Co. maintains this road for a short distance for its own use.
Site: Unimproved ground with great variation in topography. Very rural property in terms of availability
of services and existing road conditions.
G ria unn, Current Planner
EXH181T
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961.6 "8 ! -
MEMORANDUM
WIIDc TO: Shelly Miller /\? August 9, 1996
COLORADO FROM: Gloria Dunn, Current Planner /
SUBJECT: S-401, John &James Martin
The following two parties have requested a copy of the surrounding property owners notification
from your office. They also live in the neighboring area.
JANET COOPER
17956 WCR 10
Brighton, CO 80601
PHILIP & BONNIE JOHNSON
5019 WCR 35
Ft. Lupton, CO 80621
Thanks!
SERVICE,TEAMWORK,INTEGRITY,QUALITY
9616-'8
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