HomeMy WebLinkAbout20151369.tiff LAND USE APPLICATION
SUMMARY SHEET
— z
Case Number: RES15-0001 Hearing Date: May 20, 2015
Applicants: Weld County Government
Representative: Brad Yatabe—Assistant Weld County Attorney
Planner: C. Gathman
Request: A Resubdivision of Lot 1 of RS-1023(A Resubdivision of Union Colony Subdivision)
and part of the Union Colony Subdivision located outside the boundaries of RS-1023
to create a total of five (5) lots.
Legal Description: Lot 1 of Resubdivision, RS-1023; being part of the S1/2 of Section 31, Township 6
North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to H Street and approximately 0.5 mile south of O Street.
Parcel#: 080331000061, 080331300017, 080331401001 and 080331410001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Resubdivision are listed in Section 24-5-10 of the Weld County Code.
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
v Weld County Department of Planning Services-Engineer, referral received April 27, 2015
y Weld County Department of Planning Services-Floodplain, referral received April 29, 2015
➢ City of Greeley, referral received April 17, 2015
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
Weld County Sheriff's Office, referral received April 3, 2015
Weld County Department of Environmental Health, referral received April 13, 2015
Weld County Zoning Compliance, referral received March 30, 2015
The Department of Planning Services' Staff has not received responses from the following agencies:
➢ Western Hills Fire Protection District
Union Colony Fire Protection District
Colorado Parks and Wildlife
RES15-0001 - Weld County Page 1
RESUBDIVISION FOR
Jll REDESIGN, ADDITION OR VACATION
L v ADMINISTRATIVE REVIEW
Case Number: RES15-0001 Hearing Date: May 20, 2015
Applicants: Weld County Government
Representative: Brad Yatabe—Assistant Weld County Attorney
Planner: C. Gathman
Request: A Resubdivision of Lot 1 of RS-1023 (A Resubdivision of Union Colony
Subdivision) and part of the Union Colony Subdivision located outside the
boundaries of RS-1023 to create a total of five (5) lots.
Legal Description: Lot 1 of Resubdivision, RS-1023; being part of the S1/2 of Section 31, Township
6 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to H Street and approximately 0.5 mile south of O Street.
Parcel#: 095927107005
REQUEST SUMMARY: The proposed resubdivision proposes to create a total of five (5) lots. Proposed
Lot 1 is to be retained by Weld County for continued use by the Weld County Public Works Department. It
also borders a public street(H Street)and acts as an access point to the remaining lots in the proposed
resubdivision. Weld County plans on selling Lots 2 and 3 (a former mining operation to be utilized for
water storage)to the Central Colorado Water Conservancy District. Lot 4 is crossed by the Poudre River
Trail and is created to preserve the use of the land for the Poudre River trail. Lot 5 is proposed to be
created to address an unclear property boundary between the City of Greeley and Weld County.
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 24-5-40.B 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 24-5-40.50.H of the Weld County Code, as follows:
A. Section 24-4-50.H.1 --That the proposed subdivision is located within an urban growth boundary
area as defined and adopted in any approved intergovernmental agreement, or as defined in
Chapter 22 of this Code.
RES15-0001 - Weld County Page 2
The eastern 50%of the proposed resubdivision is located within the urban growth boundary area
for the City of Greeley. Weld County does not have an approved intergovernmental agreement
with the City of Greeley.
B. Section 24-4-40.H.2 -- Compliance with Chapter 24 and Chapter 23 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 pits on proposed parcels 1 and 2 were created by a previously approved gravel mining
operation under 2n° AMSUP-369 in 1994. The City of Greeley is concurrently processing a
subdivision on an adjacent property to the south of this site under the name of Greeley Saddle
Club. Proposed Lot 5 is intended to clear up a property boundary between Weld County and the
City of Greeley. If this resubdivision is approved, Lot 5 can be quitclaimed to the City of Greeley
by Weld County.
C. Section 24-4-40.H.3—That comments received from referral agencies have been addressed, if
applicable.
Conditions of approval and notes on the plat to address comments received from referral
agencies.
D. Section 24-4-40.H.4—That definite provision has been made for a water supply that is sufficient
in terms of quantity, dependability and quality to provide water for the subdivision, including fire
protection.
None of the proposed lots have habitable buildings or structures nor are they intended to be built
upon at this time. Water is provided by the City of Greeley in this area.
E. Section 24-4-40.H.5 — 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 subdivision.
None of the proposed lots have habitable buildings or structures nor are they intended to be built
upon at this time. Sewer is provided by the City of Greeley in this area.
F. Section 24-4-40.H.6—That streets within the subdivision are adequate in functional classification,
width and structural capacity to meet the traffic requirements of the subdivision.
Proposed Lot 1 borders a publically maintained street (H Street). The remaining Lots (with the
exception of Lot 5)are accessed by a utility,drainage and access easement(s)to be dedicated by
the plat. Weld County Planning Services—Engineer is requiring a 30-foot minimum access and
utility easement to provide access to Lots 2, 3,4 and 5.The City of Greeley is requesting, in their
referral comments dated April 17,2015,that Lot 4(where the Poudre Trail is located)have either
a 30-foot pedestrian and non-motorized vehicular trail right-of-way or dedicate the entirety of Lot 4
as a pedestrian and non-motorized vehicular trail right-of-way. Additionally the City of Greeley
requests that this 30-foot pedestrian and non-motorized right-of-way be extended to the east
(across the southern portion of Lot 1)to allow for future extensions of the Poudre trail.
G. Section 24-4-40.H.7—That off-site street or highway facilities providing access to the subdivision
are adequate in functional classification, width and structural capacity to meet the traffic
requirements of the subdivision in accordance with the requirements set forth in Article VII of this
RES15-0001 - Weld County Page 3
Chapter.
The proposed resubdivision borders a public street (H Street) in one location adjacent to
proposed Lot 1. H Street is adequate to meet the traffic requirements of the uses on the proposed
lots.
H. Section 24-4-40.H.8 — That facilities providing drainage and storm water management are
adequate. This site is located within a State Designated, Municipal Separate Storm Sewer
System (MS4)Area.
There are existing previously mined gravel pits on Lots 2 and 3. No additional buildings or
structures are proposed for these lots. Weld County Planning Services-Engineer is requesting
notes on the plat indicating that historical flows be maintained on the site and also a note
indicating that the resubdivision is located within and MS4 area and that additional water quality
and drainage requirements may be triggered if any of these lots develop further.
I. Section 24-4-40.H.9— That the 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.
No development of the lots is proposed that would cause an unreasonable burden on services.
J. Section 24-4-40.H.10 — That the subdivision will not cause air pollution violations based on
Colorado Department of Health standards.
No proposed additional development of the Lots is proposed that would cause air pollution
violations.
K. Section 24-4-40.H.11 — The subdivision conforms to the subdivision design standards of Article
VII.
L. Section 24-4-40.H.12 — The subdivision will not have an undue adverse effect on wildlife, its
habitat, the preservation of prime agricultural land and historical sites.
No referral response has been received from Colorado Parks and Wildlife in regards to this site.
No further development of the lots is proposed beyond the current uses on the sites.
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 Resubdivision Plat:
A. The applicant shall attempt to address the comments of the City of Greeley as stated in their
referral response dated April 17, 2015. Evidence of such shall be provided to the Department of
Planning Services. (City of Greeley)
B. The plat shall be amended to delineate the following:
1. All plat sheets shall be labeled RES15-0001. (Department of Planning Services)
RES15-0001 - Weld County Page 4
2. Show the approved City of Greeley access (es) on the map and label with the approved
access permit number if applicable. (Department of Planning Services-Engineer)
3. Show and label all easements with the recorded document reception number and date on
the map. (Department of Planning Services-Engineer)
4. Show and label a 30ft minimum access and utility easement to provide legal access to
parcels on the map. If the access is to cross adjacent properties an easement is
required and the reception number shall be indicated on the plat. (Department of
Planning Services-Floodplain)
5. Utility easements shall be shown on the plat per the recommendations of the Weld
County Utility Board at their 1/8/2015 hearing. (Department of Planning Services)
6. Show the floodplain and floodway(if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services-Floodplain)
7. List the City of Greeley as an owner in the dedication statement and list the City of
Greeley as an owner under"Owner(s)/Subdividers(s)" on the plat. (City of Greeley)
C. The following notes shall be delineated on the Resubdivision Plat:
1. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/land owner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
(Department of Planning Services-Engineer)
2. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineer)
3. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4)
Area which may trigger specific water quality requirements or other drainage improvements if
the lot develops further. (Department of Planning Services-Engineer)
4. A Flood Hazard Development Permit is required for all construction or development occurring
in the floodplain or floodway as delineated on Federal Emergency Management Agency
(FEMA) FIRM Community Panel Map#080123C-1528E(no effective date)(Cache la Poudre
Floodplain). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in
44 CFR parts 59, 60,and 65. The FEMA definition of development is any man-made change
to improved or unimproved real estate, including but not limited to buildings or other
structures, mining,dredging,filling,grading,paving,excavation,drilling operations,or storage
of equipment and materials. (Department of Planning Services-Floodplain)
D. The applicant shall submit one paper copy or an electronic copy of the plat for preliminary
approval to the Weld County Department of Planning Services
E. The applicant shall create a digital file of all drawings associated with the Resubdivision
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). A copy shall be
RES15-0001 - Weld County Page 5
submitted to the Weld County Department of Planning Services at the time of Mylar plat
submittal.
2. Upon completion of items 1.A through 1.E the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat
shall be prepared in accordance with the requirements of Section 24-4-40.D.6 through D.11 of the
Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty
(60) days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. If the resubdivision plat has not been recorded within
sixty(60)days from the date of the Board of County Commissioners resolution, 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 resubdivision has not been abandoned and
that the applicant possesses the willingness and ability to record the resubdivision 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 resubdivision plat cannot be met, the Board may,
after a public hearing, revoke the resubdivision.
RES15-0001 - Weld County Page 6
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, May
14, 2012 at 10:00 a.m., in the Hearing Room of the Weld County Planning Department at 1555 N 17th Ave,
Greeley, Colorado.
Members Present: Galen Monson, Wayne Howard, LeAnn Koons, and Jerry Adams.
Members Absent: Richard Hastings, Robert Fleck, Terry Stencel, Terry Speer, Tom Beach, and Al Trujillo
Also Present: Chris Gathman, Department of Planning Services and Kris Ranslem, Secretary.
CASE NUMBER: RES15-0001
APPLICANT: WELD COUNTY
PLANNER: CHRIS GATHMAN
REQUEST: A RESUBDIVISION OF LOT 1 OF RS-1023 (A RESUBDIVISION OF UNION
COLONY SUBDIVISION) AND PART OF THE UNION COLONY SUBDIVISION
LOCATED OUTSIDE THE BOUNDARIES OF RS-1023 TO CREATE A TOTAL OF
FIVE (5) LOTS.
LOCATION: WEST OF AND ADJACENT TO H STREET AND APPROXIMATELY 0.5 MILE
SOUTH OF O STREET
Chris Gathman, Planning Services, stated that Weld County is applying for a resubdivision. There is a
resubdivision currently being applied for by the City of Greeley on adjacent property as well. Mr. Gathman
said that Lot 1 has a direct access to H Street and would continue to be used by Weld County Public Works.
Weld County does plan to sell Lots 2 and 3 to the Central Colorado Water Conservancy District that will be
used for water storage. He added that Lot 4 is defining the existing Poudre Trail and Lot 5 is a clean up to
address an unclear property boundary between the City of Greeley and Weld County and this would be sold to
the City of Greeley.
Mr.Gathman noted that the applicants are proposing utility,drainage and access easement along the northern
boundary of Lot 3 and a portion of the northern boundary of Lot 4. There is a proposed 30 foot utility,drainage
and access easement that runs from the north line of Lot 2 towards the center of Lot 2. Immediately off of H
Street there is a 60 foot access and utility easement and it extends along the eastern boundary of Lot 1 to
where it jets out to the east.
Additionally, Mr. Gathman said that there is also an existing underground water pipeline easement that was a
right-of-way grant from Weld County to the City of Greeley in 1988. There is a 10 foot utility, drainage and
access easement proposed across a portion of Lot 4.
It should be noted that the referral from the City of Greeley is requesting a 30 foot pedestrian and non-
motorized vehicle right-of-way for the existing Poudre Trail on Lot 4. Mr. Gathman added that they would like
the Board of County Commissioners to consider extending this right-of-way along the south boundary of Lot 1.
Mr. Gathman stated that according to Section 24-7-60 of the Weld County Code, staff recommends that:
1)Extend a 20 foot utility easement along the remaining eastern, southern,western and northern boundaries
of Lot 1.
2)Extend a 20 foot utility easement along the entire northern,eastern,southern and western boundaries of Lot
2.
3) Extend a 20-foot utility easement along the western and southern boundaries of Lot 3. He noted that the
issue with the eastern boundary is a 20 foot pipeline right-of-way is along that boundary.
Brad Yatabe, Weld County Attorney, stated that he is representing Weld County and added that he has no
opposition to adding these easements per the County Code.
Leann Koons stated that she is in favor of staff recommendations.
Wayne Howard asked about the easement that comes off of H Street appears to be a meandering roadway
and asked if there is sufficient access as it comes off of Lot 2. Mr. Yatabe said that the proposed access to
the properties to be sold would come across off of H Street and then down to those parcels through an access
easement. He added that the proposal is for water storage so he doesn't believe that there will be anything
other than maintenance vehicles from time to time utilizing that access. The electricity and other utility
hookups will be located in the southern portion of the property.
Mr. Howard said that there is a 30 foot access easement along the property boundary of Lot 1 and asked, if for
consistency, it should be labeled utility, drainage and access easement. Mr. Yatabe said that it is just for
access as it would grant access along Lot 1 but could possibly be recommended as an utility easement.
Ms. Koons noted that to stay consistent with the 20 foot perimeter easement around Lot 1 might be easier to
leave what is called out on the plat as the 30 foot access easement and simply label that as access and utility
easement but then extend it up 45.18 feet to the northern property line. Additionally, there would be 155.73
feet to the west.
Mr. Adams summarized the recommendations made by the Utility Board: 1) boundary easements provided
per staff recommendations, and 2)extend 30 foot access and utility easement on Lot 1 north for 45.18 feet
and west 155.73 feet, per Ms. Koon's comments.
Wayne Howard moved to accept the utility map provided along with recommendations provided above,
seconded by LeAnn Koons. Motion carried unanimously.
Meeting adjourned at 10:34 a.m.
Respectfully submitted,
Digitally signed by Kristine Ranslem
4 bbru_,cea Ldemt Date:2015.05.15 15:16:31 -06'00'
Kristine Ranslem
Secretary
h N DEPARTMENT OF PLANNING SERVICES
i ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
� E-MAIL: cgathman@co.weld.co.us
iri_ �j, PHONE: (970)353-6100, Ext. 3537
S' ? FAX: (970)304-6498
March 30, 2015
YATABE BRAD
1150OST
GREELEY, CO 806319596
Subject: RES15-0001 - A Resubdivision of Lot 1 of RS-1023 (A Resubdivision of Union Colony
Subdivision) and part of the Union Colony Subdivision located outside the boundaries of RS-1023 to
create a total of five (5) lots.
On parcel(s)of land described as:
GEISERT PIT PRODUCTION ONLY NE4 OF SECTION 31, T6N, R65W of the 6th P.M., Weld County,
Colorado.
LOT 1 RS-1023 RESUB OF UNION COLONY; BEING PART OF SECTION 31, T6N, R65W of the 6th
P.M., Weld County, Colorado.
LOT 1 TO LOT 4 NW4SE4 SECTION 31, T6N, R65W of the 6th P.M., Weld County, Colorado.
LOTS 1-2 & PART LOTS 3-4 NE4SW4 SECTION 31, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicant:
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 Commission(s)for their review and comments:
Greeley at Phone Number 970-350-9780
Please call the listed Planning Commissions, 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.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed
y hioioef Ihi doc
slem
F2ason:I am the author of this document
Date:2015.03.30 15:19:01-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 5/8/2015 & 5/10/2015
APPLICANT: Weld County Government
CASE #: RES15-0001
REQUEST: A Resubdivision of Lot 1 of RS-1023(A Resubdivision of Union Colony Subdivision)and part
of the Union Colony Subdivision located outside the boundaries of RS-1023 to create a total
of five (5) lots.
LEGAL: Lot 1 of Resubdivision, RS-1023; being part of the S1/2 of Section 31, Township 6 North,
Range 65 West of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to H Street and approximately 0.5 mile south of O Street.
PARCEL ID #s: 080331000061, 080331300017, 080331401001 and 080331410001
ACRES: +1- 66.3 acres
Zoning Land Use
N A N Gravel Pit Lakes/Public Works complex
E A E Food bank/City of Greeley
S A S Poudre River/Island Grove
W A W Gravel Pit Lakes
COMMENTS:
Two existing gravel pits, a section of the Poudre River Trail and access onto H Street.
Chris Gathman - Planner Ill
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