HomeMy WebLinkAbout20150122.tiff LAND USE APPLICATION
SUMMARY SHEET
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Case Number: RES14-0001 Hearing Date: January 14, 2015
Applicants: Lake Arrowhead Inc. 0/O Elmer Lundvall
Planner: C. Gathman
Request: A Resubdivision to divide Tract A of Arrowhead Subdivision 4th Filing into two lots.
Legal Description: Tract A,Arrowhead 4th Filing, located in the N2 of Section 27, T5N, R66W of the 6`h
PM, Weld County, Colorado
Location: South of and adjacent to West 37th Street and approximately 1,500 feet west of 47th
Avenue
Parcel#: 095927107005
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:
• Weld County Department of Planning Services-Engineer, referral received October 22, 2014
➢ Weld County Department of Planning Services-Floodplain, referral received September 29, 2014
• Weld County Department of Public Health and Environment, referral received October 21, 2014
➢ City of Greeley, referral received October 8, 2014
The Department of Planning Services' Staff has received responses without comments from the following
agencies:
Weld County Department of Building Inspection, referral received October 3, 2014
Weld County Code Compliance, referral received September 23, 2014
City of Evans, referral received October 8, 2014
Johnstown-Milliken Fire Protection District, referral received October 13, 2104
Colorado Parks and Wildlife, referral received January 1, 2015
The Department of Planning Services' Staff has not received responses from the following agencies:
Weld County Sheriffs Office
Weld County Department of Public Works
Weld County RE-6 School District
Town of Milliken
West Greeley Soil Conservation District
RES14-0001 - Lake Arrowhead Inc. Page 1
RESUBDIVISION FOR
lJli C/
• REDESIGN, ADDITION OR VACATION
ADMINISTRATIVE REVIEW
Case Number: RES14-0001 Hearing Date: January 14, 2015
Applicants: Lake Arrowhead Inc. C/O Elmer Lundvall
Planner: C. Gathman
Request: A Resubdivision to divide Tract A of Arrowhead Subdivision 4th Filing into two
lots.
Legal Description: Tract A, Arrowhead 4th Filing, located in the N2 of Section 27, T5N, R66W of the
6th PM, Weld County, Colorado
Location: South of and adjacent to West 37th Street and approximately 1,500 feet west of
47th Avenue.
Parcel#: 095927107005
REQUEST SUMMARY: The applicants are proposing to subdivide Tract A of the Arrowhead Subdivision
into two (2) 5.2 acre lots. The applicants are applying to rezone this property to E (Estate) in conjunction
with this application under case number COZ14-0005. The Arrowhead Subdivision was platted in four(4)
filings during the 1960's to early 1970's and consists of more than 100 residential lots. The remaining lots
in Arrowhead subdivision range from 1-1.5 acres in size. There are restrictions in the Arrowhead
Covenants restricting the ability of several lots in the Arrowhead Subdivision to be divided —however,
there is no restriction regulating the division of Tract A. The size of the lot is consistent with the E (Estate)
Zone District minimum lot size requirement of 2.5 acres and a maximum lot size of 20 acres. The lots are
proposed to be served by City of Evans water and by Onsite Water Treatment Systems. The majority of
Tract A is located in the 100-year floodplain/floodway. There are two locations adjacent to Kiowa Drive and
Pawnee Drive that are located out of the floodplain.
A resubdivision to divide this property into two parcels was originally applied for in 1998. This application
was denied (3-2) by the Board of County Commissioners due to drainage concerns, septic concerns, the
need for an agreement to maintain Mr. Peif's drainage and this property and impacts on wildlife habitat.
The applicant is eligible to apply for a resubdivision because it has been more than 5 years since the
original denial per Section 2-3-10 of the Weld County Code.
The two properties immediately adjacent to Tract A(including the Peif parcel)to the east are
approximately 50% in the floodplain/floodway. It should be noted that Tract A is currently a buildable lot
and technically the applicant can build a house in one location out of the floodplain (off of Kiowa Drive)
and build an outbuilding in another location out of the floodplain (off of Pawnee Drive).
RES14-0001 - Lake Arrowhead Inc. Page 2
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.
Tract A is located within the urban growth boundary of The City of Evans. The City of Evans
indicated no conflict with their interests in their referral dated October 8, 2014.
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 majority of Tract A is located in the 100-year floodplain/floodway. There are two locations
adjacent to Kiowa Drive and Pawnee drive that are located out of the floodplain.
Section 24-1-30 of the Weld County Code has the following criteria:
M. Preventing and controlling erosion, sedimentation and other pollution of surface and
subsurface water.
N. Preventing flood damage to persons and properties and minimizing expenditures for flood
relief and flood control projects.
O. Restricting or regulating in special flood hazard areas, shore lands, areas covered by poor
soils or areas poorly suited for building or construction.
The applicants have submitted a preliminary site plan map indicating building areas for both lots
outside of the floodplain.Any development(including filling or grading...)within the floodplain will
require a Floodplain Development Permit.
Arrowhead Subdivision was developed/platted beginning in the early 1960s and continuing to the
early 1970s.There is no drainage plan associated with this subdivision.The property 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.
Also, historical flow patterns and runoff amounts will be required to be maintained on the two
proposed lots. Both of these items are proposed as notes on the resubdivision plat.
This site is located within the 3-mile referral areas of the City of Greeley, City of Evans and the
Town of Milliken.The City of Evans indicated no conflicts with their interests in their referral dated
October 8, 2014. The City of Greeley indicated, in their referral dated October 8, 2014, that the
applicant will need to follow all floodplain regulations and requirements for any development in the
floodplain. No referral response was received from the Town of Milliken.
RES14-0001 - Lake Arrowhead Inc. Page 3
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.
The application indicates that water taps have been purchased from the City of Evans. A tap
agreement was provided from the City of Evans for one(1)tap was provided with the application.
A condition of approval is attached requiring the applicant to provide evidence of water taps for
both proposed lots.The Johnstown-Milliken Fire Protection District indicated no conflicts with their
interests in a referral response dated October 13, 2014.
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.
Both lots are proposed to be served by individual septic systems (onsite waste water treatment
systems). A condition of approval requiring septic envelopes to be shown on the plat(meeting
setbacks from the adjacent lake and out of the floodway) and a note on the plat re: the
preservation and protection of the absorption field sites shall be added to the plat per the Weld
County Department of Environmental Health.
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.
The proposed resubdivision is located off of two existing developed roadways(Pawnee Drive and
Kiowa Drive)within the Arrowhead Subdivision.
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
Chapter.
The proposed resubdivision is located within an existing subdivision that accesses onto West 37`"
Street in three (3) locations.
H. Section 24-4-40.H.8 — That facilities providing drainage and storm water management are
adequate.
Arrowhead Subdivision was developed/platted beginning in the early 1960s and continuing to the
early 1970s.There is not a drainage plan associated with this subdivision.The property 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.
Also, historical flow patterns and runoff amounts will be required to be maintained on the two
proposed lots. Both of these requirements are proposed as notes on the resubdivision plat.
RES14-0001 - Lake Arrowhead Inc. Page 4
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.
This proposed resubdivision would create one additional buildable residential lot and will not
cause an unreasonable burden on the ability of local governments or districts to provide services.
The City of Evans will supply water to the proposed lots and the Johnstown-Milliken Fire
Protection District indicated no conflicts with their interests in their referral received October 13,
2014.
J. Section 24-4-40.H.10 — That the subdivision will not cause air pollution violations based on
Colorado Department of Health standards.
K. Section 24-4-40.H.11 — The subdivision conforms to the subdivision design standards of Article
VII.
The applicant is proposing to divide an existing lot in an existing platted subdivision. The
proposed lots will adhere to the lot size requirements as well as the easement standards of Article
VII of the Weld County Code and a condition of approval is attached indicating that the applicant
address the recommendations of the Weld County Utility Board.
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 was received from the Army Corps of Engineers in regards to this
application. Colorado Fish and Wildlife indicated no concerns in their e-mail response dated
January 1, 2015.
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. Provide a water tap agreement or certificate of proof of payment of fees for each parcel.
(Department of Public Health and Environment)
B. The COZ14-0005 plat shall be submitted for recording with the RES14-0001 plat. (Department of
Planning Services)
C. The applicant shall submit a Floodplain Development Permit(FHDP)for all development activities
located within the special flood hazard area. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including by 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 plat shall be amended to delineate the following:
1. All plats shall be labeled RES14-0001. (Department of Planning Services)
RES14-0001 - Lake Arrowhead Inc. Page 5
2. Kiowa Drive and Pawnee Drive are designated on the Weld County Road Classification
Plan as paved local roads which require 60ft of right-of-way at full build out. These
roadways are within the Arrowhead 4`"filing subdivision. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future right-
of-way. These roads are maintained by Weld County. (Department of Planning
Services-Engineer)
3. Show the approved access(es) on the plat and label with the approved access permit
number AP14-00300. (Department of Planning Services-Engineer)
4. Show and label the floodplain and floodway(if applicable) boundaries on the plat. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services-Floodplain)
5. Delineate a septic envelope on each lot that is not located in the floodway and adheres
to the required setback from the lake. (Department of Public Health and Environment)
6. 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)
E. The following notes shall be delineated on the Resubdivision Plat:
1. Water service shall be obtained from the City of Evans. (Department of Public Health and
Environment)
2. This parcel is 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)
3. Language for the preservation and/or protection of the absorption field shall be placed on
the plat. The note shall state;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)
4. 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)
5. If land development exceeds 6 months in duration, the responsible party shall prepare a
fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit
from the Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
6. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit
RES14-0001 - Lake Arrowhead Inc. Page 6
for more information. (Department of Public Health and Environment)
7. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner 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)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineer)
9. 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)
10. All construction or improvements occurring in the floodplain or floodway as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel Map#080266-
0619C dated September 28, 1982 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. (Department of Planning Services-Engineer)
F. 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
G. 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
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.F 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.
RES14-0001 - Lake Arrowhead Inc. Page 7
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C v i FAX: (970)304-6498
r
November 17, 2014
WERNSMAN ERIC
1011 42ND ST
EVANS, CO 80620
Subject: RES14-0001 - Application for a Resubdivision to divide Tract A of Arrowhead Subdivision 4th
Filing into two lots. This application is being processed in conjunction with Change of Zone
COZ14-0005.
On parcel(s)of land described as:
TRACT A ARROWHEAD 4TH FILING; PART OF SECTION 27, T5N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 16, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 14, 2015
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,
ouDi Flay9ng,ougned Kristine Ki4em
,1^ J ��{r,(WV` oN:dmUS tic=co,tic=wagslem a=wem County,
L mod/ u=on l im the=users,fthed ine endem
ent
�/.4 loam:l am the author of this0oament
Date.2014.11.1714 x741-07'00'
Chris Gathman
Planner
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
PHONE: (970)353-6100, Ext. 3537
N ' FAX: (970)304-6498
September 23, 2014
WERNSMAN ERIC
1011 42ND ST
EVANS, CO 80620
Subject: RES14-0001 - Application for a Resubdivision to divide Tract A of Arrowhead Subdivision 4th
Filing into two lots. This application is being processed in conjunction with Change of Zone
COZ14-0005.
On parcel(s)of land described as:
TRACT A ARROWHEAD 4TH FILING; PART OF SECTION 27, T5N, R66W 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 Commission(s)for their review and comments:
Evans at Phone Number 970-475-1170
Greeley at Phone Number 970-350-9741
Milliken at Phone Number 970-587-4331
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 by Kristine Ranslem
Mason:I am the author of thisdocument
'W4 ` — Date:2014.09.2313:30:50-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 12/3/2014
APPLICANT: Lake Arrowhead Inc. O/O Elmer Lundvall
CASE #: COZ14-0005/RES14-0001
REQUEST: Change of Zone from the A (Agricultural)Zone District to the E (Estate)Zone District.
LEGAL: Tract A Arrowhead 4`" Filing, located in part of the N2 of Section 27 T5N R66W of the 6`"
PM, Weld County, Colorado
LOCATION: South of and adjacent to West 37th Street and approximately 1,500 feet west of 47th
Avenue.
PARCEL ID #s: 095927107005
ACRES: +/- 10.42 acres
Zoning Land Use
N C-3 Commercial N Vacant Land (cropland & oil and gas production
facility)
E R-1 Residential E Lake
S City of Greeley S Residential Subdivision (Arrowhead)
W C-3 Commercial/City of W Residential Subdivision (Arrowhead)
Greeley
COMMENTS:
Majority of the property is in floodplain with exception off of raised area adjacent to Kiowa Drive and area
adjacent to Pawnee Drive. Drainage and wetland vegetation area cover the majority of the remainder of
the parcel.
Chris Gathman - Planner III
Hello