HomeMy WebLinkAbout20190726.tiffCASE #:
PLANNER
APPLICANT:
REQUEST:
MINOR SUBDIVISION FINAL PLAT
SUMMARY SHEET
MINF18-0001
Chris Gathman
John & Kim Pence
HEARING DATE: February 5, 2019
A Site -Specific Development Plan and Final Plan for a Five (5) Lot Minor Subdivision —
S-588 (Bosalita Estates - formerly known as Ivy Crest). The proposal is to modify the
conditionally approved Final Plan to reduce the number of lots from five (5) to three (3)
along with modifying the access into the Minor Subdivision in the A(Agricultural) Zone
District.
LEGAL: Lot A Amended Recorded Exemption AMRE-2151; located in part of the E2 of Section
21, T3N, R67W of the 61h P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 19 and approximately 1,800 feet north of State
Highway 66.
PARCEL #:
1209-21-0-00-052 ACRES: +/- 15.62
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Minor Subdivision Final Plat is listed in Section 24-3-60.1 of the Weld County
Code.
The Department of Planning Services' staff has received responses with comments from the following
agencies:
Weld County of Department of Public Works, referral dated 11/7/2018
Weld County Department of Public Health and Environment, referral dated 11/5/2018
Weld County School District RE -1, referral dated 10/8/2018
Colorado Division of Water Resources, referral dated 10/12/2018
Weld County Department of Building Inspection — Addressing, referral dated 10/29/2018
The Department of Planning Services' staff received responses without comments from the following
agencies:
Town of Mead, referral dated 10/17/2018
Platteville/Gilcrest Fire Protection District, referral dated 10/21/2018
Colorado Parks and Wildlife, referral dated 10/8/2018
Central Weld County Water District, referral dated 11/2/2018
Weld County Zoning Compliance, referral dated 10/10/2018
MINF18-0001 — Bosalita Estates Page 1
The Department of Planning Services' staff has not received responses from the following agencies:
Ambulance Services
Weld County Sheriff's Office
Colorado Department of Transportation
Town of Firestone
Town of Platteville
Kerr-McGee
Longmont Soil Conservation District
MF-1017 Stamp 2
MINOR SUBDIVISION FINAL PLAT
ADMINISTRATIVE RECOMMENDATION
CASE #:
PLANNER
APPLICANT:
REQUEST:
MINF18-0001
Chris Gathman
John & Kim Pence
HEARING DATE: February 5, 2019
A Site -Specific Development Plan and Final Plan for a Five (5) Lot Minor Subdivision —
S-588 (Bosalita Estates - formerly known as Ivy Crest). The proposal is to modify the
conditionally approved final plan to reduce the number of lots from five (5) to three (3)
along with modifying the access into the Minor Subdivision in the A(Agricultural) Zone
District.
LEGAL: Lot A Amended Recorded Exemption AMRE-2151; located in part of the E2 of Section
21, T3N, R67W of the 61h P.M., Weld County, Colorado
LOCATION: West of and adjacent to County Road 19 and approximately 1,800 feet north of State
Highway 66.
PARCEL #:
1209-21-0-00-052 ACRES: +/- 15.62
Request: The applicants are proposing to modify an existing 5 -lot Minor Subdivision (originally approved
under S-588 on 7/18/2001). The S-588 conditions have not been completed and the S-588 plat has not
recorded. The applicants were not a part of the original minor subdivision application and purchased the
property after the 2001 approval. The applicants are proposing to amend the minor subdivision
application by reducing the overall number of lots from five (5) to three (3) and are proposing that two
separate access points (one an existing access and one proposed access) be utilized for the minor
subdivision. Because of these proposed changes, referrals were sent back out for this case and staff has
reviewed the minor subdivision request and map and has modified the content and conditions of approval
of the original S-588 approval where necessary. Original language from the S-588 resolution was retained
as applicable and any clarifications or additional information provided from the updated request and
referral comments have been incorporated.
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 24-3-50
of the Weld County Code.
2) It is the opinion of the Department of Planning Services' Staff that the application has shown
compliance with Section 24-3-60.1 of the Weld County Code as follows:
MINF18-0001 — Bosalita Estates Page 3
A. Section 24-3-60.1.1 -- Compliance with Chapters 23 and 24 of the Weld County Code, the
zone district in which the proposed use is located, and any adopted intergovernmental
agreements or master plans of affected municipalities. The original application was
submitted in 2001. At that time, the overall design of the proposed development was
determined to adhere to Minor Subdivision and the Estate Zone District requirements.
The Comprehensive Plan for the Town of Platteville has designated this area as an
agricultural buffer. Further, the Town of Mead provided a referral response dated March
19, 2001, indicates its disapproval of the proposal. Consideration was given to the
responses from the Towns of Mead and Platteville during the Change of Zone application
process and deemed to be inadequate for denial.
Referrals were sent back out to the Town of Platteville, Town of Mead and Town of
Firestone to review the proposed changes to this Minor Subdivision. The Town of Mead,
in their referral response dated 10/17/2018, stated that they had no concerns. No referral
responses were received from either the Town of Platteville or Town of Firestone. The
proposed amended minor subdivision adheres to the Estate Zone District requirements
and complies with the exception that the applicant is requesting two accesses into the
Minor Subdivision vs. all lots within the Minor Subdivision accessing onto an internal road
access.
B. Section 24-3-60.1.2 -- Provisions have been made to preserve prime agricultural land.
The Site is located on land designated as Irrigated Land (not prime) per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
C. Section 24-3-60.1.3 - 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. The original Ivy Crest Minor Subdivision was
approved under a condition of approval requiring that the Water Main Extension Contract
is finalized, a tap agreement will be in place and tap fees and $44,100.00 for
improvements or collateral to satisfy those fees in place prior to recording the Final Plat.
Central Weld County Water District will also accept collateral for improvements. Further,
a Condition of Approval was attached requiring that the well proposed to provide fire
protection is properly permitted through the Office of the State Engineer, Division of
Water Resources.
A referral was sent back out to the Colorado Division of Water Resources and Central
Weld County Water District to review the proposed changes to this Minor Subdivision.
The Division of Water Resources, in their referral dated 10/12/2018, stated that there was
a well permit (permit no. 45972-A). The permit was issued under the condition that the
existing well permit be (45972) be abandoned. The Division also stated that if the well is
to be used in the subdivision the proposed uses must be specified and the applicant must
demonstrate that a court approved augmentation plan has been obtained for the well. A
referral response dated 11/2/2018 has been received from Central Weld County Water
District indicating no concerns.
A condition of approval is attached that the applicant shall address the requirements of
the Colorado Division of Water Resources. Additionally, staff has modified the fire
protection condition for the well to state that the applicant shall submit evidence that the
well proposed for fire protection has been properly permitted through the Office of the
State Engineer, Division of Water Resources or provide evidence that fire protection can
be provided through Central Weld County Water District.
M1NF18-0001 — Bosalita Estates Page 4
D. Section 24-3-60.1.4 -- That, if a 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 Sewage
Disposal Systems are proposed for each lot and will be installed according to the Weld
County Department of Public Health and Environment regulations.
E. Section 24-3-60.1.5 -- 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. The Colorado Geologic Survey indicated, during the Sketch Plan
phase, that no geology -related problems appeared to be associated with this proposal.
F. Section 24-3-60.1.6 -- That streets within the minor subdivision are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the minor
subdivision. The Department of Public Works reviewed the revised request and indicated,
in their referral response dated 11/7/2018, stated that the northern access location does
not meet spacing requirements but has an existing easement that is being used by
parcels to the west. The proposed southern access does not meet spacing for a Collector
Road (County Road 19). Public Works is requesting that this southern proposed access
be moved south to meet the spacing requirements. Additionally, an Improvements and
Road Maintenance Agreement is required for on -site improvements associated with this
Minor Subdivision.
G. Section 24-3-60.1.7 -- That off -site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the minor subdivision. The minor subdivision
is accessing onto County Road 19, an existing (paved) road delineated as a collector
road per the Weld County Functional Classification Map.
H. Section 24-3-60.1.8 - 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 landowners within the minor subdivision. The applicant is
requested two separate accesses (one existing and one proposed for the Minor
Subdivision. These accesses will be maintained by the landowners within the minor
subdivision.
1. Section 24-3-60.1.9 -- The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite.
J. Section 24-3-60.1.10 -- That there will be no on -street parking permitted within the minor
subdivision. No on -street parking will be occur in Bosalita Estates. The applicant is
requesting that access onto County Road 19 be via an existing easement on proposed
Lot A and via a shared easement between proposed lots B and C.
K. Section 24-3-60.1.11 — That no additional access to a county, state or federal highway will
be created. The proposed minor subdivision will utilize an existing access point for the
northern lot. This access is shared by the property to the north that is under separate
ownership and by an existing oil and gas production facility on a property to the west
(under separate ownership). This existing access is identified as a 20 -foot easement to
access Lot A of RE -2152 (that crosses the property that this minor subdivision is being
applied for). At the time that this easement was identified, this property was under
common ownership with the minor subdivision property. Since that time both parcels
have been sold and are now under separate ownership. The applicant is proposing one
(1) additional access point onto to be shared by the southern two (2) lots. The
Department of Public Works reviewed the revised request and indicated, in their referral
M1NF18-0001 — Bosalita Estates Page 5
response dated 11/7/2018, indicated that the northern access location does not spacing
requirements but has an existing easement that is being used by parcels to the west. The
proposed southern access does not meet spacing for a Collector Road (County Road
19). Public Works is requesting that this southern proposed access be moved south to
meet the spacing requirements as close as may be possible.
L. Section 24-3-60112 - That the ingress and egress to all lots within the minor subdivision
will be to an internal road circulation system. Due to the existing access situation on the
property, the applicant is proposing two separate accesses into the Minor Subdivision.
The proposed minor subdivision will utilize an existing access point for the northern lot.
This lot is utilized by the property to the north (under separate ownership) and by an
existing oil and gas production facility on a property to the west (that is under separate as
well). The applicant is proposing one (1) additional access point onto to be shared by the
southern two (2) lots.
The Department of Public Works reviewed the revised request and indicated, in their
referral response dated 11/7/2018, indicated that the northern access location does not
spacing requirements but has an existing easement that is being used by parcels to the
west. The proposed southern access does not meet spacing for a Collector Road
(County Road 19). Public Works is requesting that this southern proposed access be
moved south to meet the spacing requirements as close as may be possible.
M. Section 24-3-60.1.13 - That facilities providing drainage and stormwater management are
adequate. The site meets the drainage exception for residential Developments per Weld
County Code Section 23-12-30.F.1.a.7.
N. Section 24-3-60.1.14 - That the maximum number of lots within the minor subdivision will
not exceed nine (9) lots. Only three (3) lots are proposed through this minor subdivision.
O. Section 24-3-60.1.15 - 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 number of lots in the minor subdivision is being reduced from five (5) to
three (3). The Platteville-Gilcrest Fire Protection District, in their referral dated
10/21/2018, indicated no concerns. No referral response has been received from the
Weld County Sheriff's Office regarding this amended Minor Subdivision request.
P. Section 24-3-60.1.16 - That the subdivision will not have an undue adverse effect on
wildlife and its habitat, the preservation of agricultural land and historical sites. Colorado
Parks and Wildlife, in their referral dated 10/8/2018, indicated no concerns.
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 agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
1) Prior to Recording the Minor Subdivision Final Plat:
A. All sheets of the plat shall be labeled M1NF18-0001. (Department of Planning Services)
B. An Improvements and Road Maintenance Agreement is required for on -site
improvements associated with this project. (Department of Public Works)
M1NF18-0001 — Bosalita Estates Page 6
C. Finalized Restrictive Covenants and Articles of Incorporation along with the appropriate
recording fee (currently $6 for the first page and $5 for subsequent pages) shall be
submitted to the Weld County Department of Planning Services. The Restrictive
Covenants shall incorporate any changes required by the Weld County Attorney's Office
and Department of Planning Services. (Department of Planning Services)
D. A bus pull -off shall be indicated on the plat. Evidence of Public Works approval shall be
submitted to the Department of Planning Services or the applicant shall provide written
evidence from the RE -1 School District that one will not be required. (RE -1 School
District)
E. The applicant shall submit Certificates from the Secretary of State demonstrating that
"The Homeowners Association" has been formed and registered with the State.
(Department of Planning Services)
F. The applicant shall submit copies of a finalized water agreement with the Central Weld
County Water District. (Department of Planning Services)
G. Utility easements shall be delineated on the plat as outlined by the Utility Board (per the
recommendations of the Utility Board at the 12/13/2018 Utility Board Meeting) and per
Section 24-7-60 of the Weld County Code. (Utility Board and Department of Planning
Services)
H. The location of the subdivision sign (if one is proposed) shall be located on property
owned and maintained by the Home Owners Association, meeting all setback
requirements and noted on the plat, the size of the sign shall be delineated on the plat for
review and approval. The sign shall not exceed 32 square feet per the Weld County
Code. (Department of Planning Services)
The applicant shall submit evidence that an agreement has been entered into with the
RE -1 School District to pay the cash -n -lieu payment per lot or submit evidence that cash -
in -lieu fee has been paid. (Department of Planning Services)
J. The applicant shall submit the name of the street within the proposed development along
with the street addresses for review to the Weld County Sheriff's Office, Department of
Planning Services, Postal Services and Emergency Responders. Evidence of their
approval shall be submitted to the Department of Planning Services. (Department of
Planning Services)
K. The applicant shall either submit evidence that the well proposed to provide fire
protection has been property permitted through the Office of the State Engineer, Division
of Water Resources. In the alternative, the applicant shall provide evidence that adequate
fire protection can be provided through the Central Weld County Water District or other
means. (Department of Planning Services)
L. The applicant shall address the requirements of the Colorado Division of Water
Resources referral dated 10/12/2018. Written evidence of such shall be submitted to the
Department of Planning Services. (Department of Planning Services)
M. The applicant shall provide the Department of Planning Services with written evidence
from the Postal Service regarding the location of the mail delivery. If required the
box/pedestal shall be located on property owned and maintained by the Home Owners
Association, meeting all setback requirements and noted on the plat. (Department of
Planning Services)
MINF18-0001 — Bosalita Estates Page 7
N. The applicant shall submit a written request to vacate SUP -338 to the Department of
Planning Services. (Department of Planning Services)
O. A landscape and screening plan for Outlot A shall be submitted for review and approval
by the Department of Planning Services. (Department of Planning Services)
P. The Final Plat shall be amended to include:
1) All plat sheets shall be titled: MINF18-0001. (Department of Planning Services)
2) County Road 19 is a paved road and is designated on the Weld County
Functional Classification Map as a collector road which requires 80 feet of right-
of-way at full buildout. The applicant shall delineate on the site plan the existing
right-of-way. All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County. (Department of Public Works)
3) Show and label the approved access locations, and the appropriate turning radii
(25') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
4) The applicant shall show the drainage flow arrows. (Department of Public Works)
5) An outlot to be utilized for berming and landscaping was required for S-588 due
(partly) with compatibility concerns with an onion processing facility across the
street (approved under USR-1040). According to county records, this permit
(USR-1040) is still in place. The outlot shall be delineated along the eastern
boundary of the property for landscaping and berming (labeled as Outlot A). The
outlot does not need to cross this proposed access points into the minor
subdivision. (Department of Planning Services)
Q. The Final Plat is conditional upon the following and that each be placed on the Final Plat
as notes prior to recording:
1) The Bosalita Estates Minor Subdivision shall consist of three (3) residential lots
with E (Estate) Zone District uses as set forth in Chapter 23, Article III, Division 5
of the Weld County Code as indicated in the application materials on file.
(Department of Planning Services)
2) Water service shall be provided from Central Weld County Water District.
(Department of Public Health and Environment)
3) This subdivision is in rural Weld County and is currently not served by a
municipal sanitary sewer system. Sewage disposal shall be by septic systems
designed in accordance with the regulations of the Colorado Department of
Public Health and Environment, Water Quality Control Division and the Weld
County Code in effect at the time of construction, repair, replacement, or
modification of the system. (Department of Public Health and Environment)
4) Activity or use on the surface of the ground over any part of the OWTS must be
restricted to that which shall allow the system to function as designed and which
shall not contribute to compaction of the soil or to structural loading detrimental to
the structural integrity or capability of the component to function as designed.
(Department of Public Health and Environment)
5) During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance
MINF18-0001 — Bosalita Estates Page 8
conditions, at the request of Weld County Environmental Health Services, a
fugitive dust control plan must be submitted. (Department of Public Health and
Environment)
6) During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Health Department, a fugitive dust
control plan must be submitted. (Department of Public Health and Environment)
7) Weld County's Right to Farm, as stated on this plat, shall be recognized at all
times. (Department of Planning Services)
8) Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
9) The property owner shall control noxious weeds on the site. (Department of
Public Works)
10) The access on the site shall be maintained to mitigate any impacts to the public
road including damages and/or off -site tracking. (Department of Public Works)
11) Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to
commencement. (Department of Public Works)
12) The historical flow patterns and runoff amounts on the site will be maintained.
(Department of Public Works)
13) Weld County is not responsible for the maintenance of onsite drainage related
features. (Department of Public Works)
10) The site shall maintain compliance at all times with the requirements of the Weld
County Government. (Department of Planning Services)
14) Weld County Government personnel shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property
comply with the Development Standards stated herein and all applicable Weld
County Regulations. (Department of Planning Services)
15) A Homeowner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance, taxes and maintenance of
streets, private utilities and other facilities along with the enforcement of
covenants. (Department of Planning Services)
16) All landscaping within the site distance triangles must be less than 31/2 feet in
height at maturity. (Department of Public Works)
17) Stop signs and street name signs will be required at all intersections.
(Department of Planning Services)
18) A permit may be required from the Weld County's Public Works Right -of -Way
agent for each utility. (Department of Public Works)
19) A plan review is required for each building. Two complete sets of plans are
required when applying for each permit. (Building Inspection)
MINF18-0001 — Bosalita Estates Page 9
20) Building permits may be required, for any new construction or set up
manufactured structure, per Section 29-3-10 of the Weld County Code. A
building permit application must be completed and submitted. Buildings and
structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld
County: 2018 International Building Codes; 2018 International Residential Code;
2006 International Energy Code; 2017 National Electrical Code; and Chapter 29
of the Weld County Code. A plan review shall be approved, and a permit must be
issued prior to the start of construction. (Department of Building Inspection)
21) Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use
on the adjacent properties. (Department of Planning Services)
22) Buildings designed and constructed to house farm implements, hay, grain,
poultry livestock or other horticultural products will require the appropriate
permits from the Weld County Department of Building Inspection. (Department of
Planning Services)
23) Outdoor storage shall be screened from public rights -of -way, and adjacent
properties. (Department of Planning Services)
24) The site shall be developed in accordance with the recommendations contained
in the geotechnical report prepared by CDS Engineering Corporation dated
5/20/1998 (Project No. 98-9511).
25) Prior to the issuance of building permits, the applicant shall submit construction
plans for the utilities showing the location of fire hydrants, the size of water mains
and available fire flows to the Platteville-Gilcrest Fire Protection District for
review. (Department of Planning Services)
26) Potential purchasers are hereby notified that an onion processing operation
(approved under USR-1040) is located directly to the east of Bosalita Estates
Subdivision. Further, a poultry facility is located to the north and a dairy
(approved under AMUSR-127) to the east. Off -site impacts that may be
encountered include noise from trucks, tractors and equipment, dust from animal
pends and odors from animal confinement, silage, onions and manure.
(Department of Planning Services)
27) Per Section 24-3-80 of the Weld County Code: If no construction has begun or
no use established in the minor subdivision within three (3) years of the date of
the approval of the minor subdivision final plan, the Board of County
Commissioners may require the landowner to appear before it and present
evidence substantiating that the final plat has not been abandoned and that the
applicant possesses the willingness and ability to continue the minor subdivision.
The Board of County Commissioners may extend the date for initiation of the
minor subdivision construction and shall annually require the applicant to
demonstrate that the minor subdivision has not been abandoned. If the Board of
County Commissioners determines that conditions supporting the original
approval of the minor subdivision final plat have changed or that the landowner
cannot implement the minor subdivision final plat, the Board may, after a public
hearing, revoke the minor subdivision final plat and order the recorded minor
subdivision vacated.
MINF18-0001 — Bosalita Estates Page 10
28) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has
some of the most abundant mineral resources, including, but not limited to, sand
and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised
Statutes, minerals are vital resources because (a) the state's commercial mineral
deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits
and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person
moving into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical
and geophysical locations. Moreover, these resources are protected property
rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
29. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties
in the country in total market value of agricultural products sold. The rural areas
of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a
lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which
attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users
into a rural area. Well -run agricultural activities will generate off -site impacts,
including noise from tractors and equipment; slow -moving farm vehicles on rural
roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of
nuisance wildlife; and the use of pesticides and fertilizers in the fields, including
the use of aerial spraying. It is common practice for agricultural producers to
utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be
a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community.
It is unrealistic to assume that ditches and reservoirs may simply be moved "out
of the way" of residential development. When moving to the County, property
owners and residents must realize they cannot take water from irrigation ditches,
lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square
miles in size (twice the size of the State of Delaware) with more than three
thousand seven hundred (3,700) miles of state and county roads outside of
MINF18-0001 — Bosalita Estates Page 11
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved
road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches, electrical power for pumps and center pivot operations, high speed
traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood.
R. Prior to Operation:
1. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required. (Department of Public Works)
R. Per Section 24-3-70 of the Weld County Code: If a final plat has not been recorded within
one (1) year of the date of the approval of the minor subdivision final plat or within a date
specified by the Board of County Commissioners, the Board may require the landowner
to appear before it and present evidence substantiating that the minor subdivision final
plat has not been abandoned and that the applicant possesses the willingness and ability
to record the final plat. The Board of County Commissioners may extend the date for
recording the plat. If the Board determines that conditions supporting the original
approval of the final plat cannot be met, the Board may, after a public hearing, revoke the
minor subdivision final plat.
S. The applicant shall submit one (1) digital copy of the amended final plat for review and
approval. Upon approval of the paper copies the applicant shall submit a Mylar plat and a
digital file of all drawings associated with the Final Plan application. Acceptable CAD
formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape
Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4) ... (Group 6 is not acceptable). The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services.
MINF18-0001 — Bosalita Estates Page 12
MF-XXXX Page 13
January 11, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
Kim Pence
15649 CR 17
Platteville, CO 80651
Subject: MINF18-0001 - A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED FINAL PLAN
TO MODIFY CONDITIONALLY APPROVED MINOR SUBDIVISION, S-588 (IVY CREST), TO
REDUCE THE NUMBER OF LOTS FROM FIVE (5) TO THREE (3) ALONG WITH MODIFYING
THE ACCESS INTO THE MINOR SUBDIVISION.
On parcel(s) of land described as:
PART E2 SECTION 21, T3N, R67W LOTAAMD REC EXEMPT RE -2151 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 5, 2019, at 10:00
a.m. A subsequent hearing with the Board of County Commissioners will be held on February 20, 2019
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
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 and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
(C11.44
Chris Gathman
Planner
October 8, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
KIM PENCE
15649 C R 17
PLATTEVILLE, CO 80651
Subject: MINF18-0001 - A Site Specific Development Plan and Final Plan for Five (5) Lot Minor
Subdivision - S 588 (Ivy Crest). Applicant is proposing to modify the conditionally approved final plan to
reduce the number of lots from five (5) to three (3) along with modifying the access into the Minor
Subdivision.
On parcel(s) of land described as:
PART E2 SECTION 21, T3N, R67W LOT AAMD REC EXEMPT RE -2151 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
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 following Planning Departments for their review and comments:
Firestone at Phone Number 303-833-3291
Mead at Phone Number 970-535-4477
Platteville at Phone Number 970-785-2245
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
..JAMslc.A
Chris Gathman
Planner
FIELD CHECK
Inspection Date: 1/21/2019
CASE NUMBER:
APPLICANT:
DESCRIPTION:
MINF18-0001
John & Kim Pence
A Site -Specific Development Plan and Final Plan for a Five (5) Lot Minor
Subdivision — S-588 (Bosalita Estates - formerly known as Ivy Crest). The
proposal is to modify the conditionally approved Final Plan to reduce the number
of lots from five (5) to three (3) along with modifying the access into the Minor
Subdivision in the A(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A Amended Recorded Exemption AMRE-2151; located in part of the E2 of
Section 21, T3N, R67W of the 6'" P.M., Weld County, Colorado
LOCATION:
PARCEL:
West of and adjacent to County Road 19 and approximately 1,800 feet north of
State Highway 66.
1209-21-0-00-052
Zoning
Land Use
N
A (Agricultural)
N
Existing Building/Ag Operation
E
A (Agricultural)
E
SF residence/USR-1040 Onion
Processing Facility
S
A (Agricultural)
S
Cropland
W
A (Agricultural)
W
Oil and Gas production facility/cropland
COMMENTS:
Undeveloped parcel. Property slopes from County Road 19 to the west (towards the ditch location).
Chris Gathman, Planner
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