HomeMy WebLinkAbout20090020.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN, MF #1025, FOR EIGHT (8) LOTS, PEACE HAVEN ESTATES - ROBERT L.
PARSONS LIVING TRUST
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 31st day of
December, 2008, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of
hearing the application of the Robert L. Parsons Living Trust, 40455 Skylark Drive, Fort Collins,
Colorado 80528, for a Site Specific Development Plan and Minor Subdivision Final Plan, MF #1025,
for eight (8) lots - Peace Haven Estates, on the following described real estate, to -wit:
Lot B of Recorded Exemption #3358; being part of
the NW1/4 of Section 10, Township 7 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, at the request of the applicant, the Board deemed it advisable
to continue the matter to February 18, 2009, to allow the applicant additional time to address an
alternative to the required school impact fee with Windsor School District RE -4, and
WHEREAS, on February 18, 2009, said applicant was present at said hearing, and
WHEREAS, Section 24-3-60 of the Weld County Code provides standards for review of said
Final Plat, and
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown
compliance with Section 24-3-60.N of the Weld County Zoning Ordinance as
follows:
a. Section 24-3-60.N.1 -- Compliance with Chapters 22 and 24 of the Weld
County Code and the Zone District in which the proposed use is located,
and any adopted Intergovernmental Agreements or master plans of affected
municipalities. The application meets the general Code requirements for a
rural subdivision. The proposed site is not influenced by an
Intergovernmental Agreement or any urban growth boundary. The site is
within the three-mile referral area for the Town of Severance; however, a
referral response was not received. The Weld County Utilities Coordinating
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Advisory Board reviewed the plat and utility plans for the subject site on
April 12, 2007, and three changes were proposed, all of which will be
accommodated on the final plat and plans. The changes include the
addition of an emergency access easement to the existing drainage and
utility easements along the eastern border of the property, moving the
15 -foot drainage and utility easement adjacent to County Road 84 south out
of the existing recorded easement, removing/vacating the no build setback
from the eastern property boundary, and removal of the septic envelopes.
b. Section 24-3-60.N.2 -- Provisions have been made to preserve prime
agricultural land. The site, per U.S. Department of Agriculture mapping, is
not considered Prime Agricultural Land, there is no irrigation on -site, and the
property is relatively small and has some significant topography, all of which
compromise the productivity of the site and render it suitable for subdivision
and use as single family home sites.
c. Section 24-3-60.N.3 - 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 lots will be
served by the North Weld County Water District. The Poudre Fire Authority
has requested the placement of fire hydrants in the subdivision; approval of
the location of, and construction plans for, the hydrants will be required prior
to recording the final plat. In accordance with the referral from the
Department of Building Inspection, dated March 19, 2007, a Condition of
Approval will require a letter of approval from the Fire District for each
residential structure.
d. Section 24-3-60.N.4 -- If a public sewage disposal system is proposed,
provisions have 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 (I.S. D.S.) will
handle the effluent flow.
e. Section 24-3-60.N.5 -- 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 determined that the
proposed uses of these areas are compatible with such conditions. The
Weld County Department of Building Inspection is requiring each building
to have an engineered foundation based on a site -specific Geotechnical
Report or an open hole inspection performed by a Colorado registered
engineer. Weld County Department of Public Works notes that the
Geotechnical Engineering Pavement Report, and the Final Drainage,
Erosion Control, and Water Quality Reports appears to be acceptable.
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f. Section 24-3-60.N.6 -- Streets within the Minor Subdivision are adequate in
functional classification, width, and structural capacity to meet the traffic
requirements of the Minor Subdivision. Standards are established in
Appendices 24-D and 24-E to this Chapter. The applicant is proposing a
100 -foot wide entry way right-of-way which narrows to a 60 -foot interior road
right-of-way ending in a cul-de-sac with a radius of 51 feet. The road will be
a 32 -foot wide gravel road. The proposal meets County requirements and
was approved at the Change of Zone.
g.
Section 24-3-60.N.7 -- 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. Off -site improvements required by the Department of Public
Works include road stabilization of County Roads 84 and 19.
h. Section 24-3-60.N.8 - 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. Weld County will not maintain Peace Haven Way. The
Conditions of Approval include amending the Covenants to include a plan
to maintain the roadway within the subdivision. As approved through the
Change of Zone, Peace Haven Way right-of-way will be dedicated to the
County prior to recording the final plat.
Section 24-3-60.N.9 - The Minor Subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated townsite. As
required of this criterion, the subject property does not have these
characteristics.
Section 24-3-60.N.10 -- There will be no on -street parking permitted within
the Minor Subdivision. This restriction is proposed as a conditional note on
the plat.
k. Section 24-3-60.N.11 -- No additional access to a county, state, or federal
highway will be created. No additional access is created.
Section 24-3-60.N.12 - The ingress and egress to all lots within the Minor
Subdivision will be to an internal road circulation system. The design
assures this, and this restriction is proposed as a conditional note on the
plat.
m. Section 24-3-60.N.13 - The facility providing drainage and stormwater
management is adequate. The Weld County Department of Public Works
has indicated, in a referral response dated September 22, 2008, that the
submitted Drainage Report appears to be acceptable.
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n. Section 24-3-60.N.14 - The maximum number of lots within the Minor
Subdivision will not exceed nine (9) lots. The proposal is for eight (8)
residential lots, with E (Estate) Zone District standards.
o. Section 24-3-60.N.15 - 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 Sheriffs Office, in
the referral dated April 1, 2007, notes that there will be limited traffic
enforcement powers on roads not maintained or owned by Weld County.
The Sheriffs Office also noted that it lacks the ability to absorb additional
service demand. The Poudre Fire Authority, in its referral response dated
April 2, 2007, provided comments that have been addressed as Conditions
of Approval. Weld County School District RE -4 (Windsor Schools) is
requiring a cash in -lieu fee consistent with its policies. No other agencies
indicated any undo burdens on governmental services.
P.
Section 24-3-60.N.16 - The subdivision will not have an undue adverse
effect on wildlife and its habitat, or the preservation of agricultural land and
historical sites. The Division of Wildlife, in the referral received April 25,
2006, made recommendations regarding vegetative cover, abatement of
noxious weeds, livestock restrictions, nuisance encounters with wildlife,
utility placement, and pet control. These items are addressed as Conditions
of Approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert L. Parsons Living Trust, for a Site Specific
Development Plan and Minor Subdivision Final Plan, MF #1025, for eight (8) lots - Peace Haven
Estates, on the hereinabove described parcel of land be, and hereby is, granted subject to the
following conditions:
1. Prior to Recording the Minor Subdivision Final Plat:
A. All sheets of the plat shall be labeled "Peace Haven Estates Minor
Subdivision - MF-1025".
B. The applicant has submitted a draft Improvements Agreement According to
Policy Regarding Collateral for Improvements (Public Road Maintenance).
The Agreement has been reviewed; however, it has not been approved by
the Departments of Public Works or Planning Services. The applicant shall
resubmit a draft Improvements Agreement to be reviewed and approved by
the Departments of Public Works and Planning Services. Once approved,
the applicant shall submit a signed copy of the Improvements Agreement,
along with the appropriate collateral. The agreement and collateral shall be
approved and accepted by the Board of County Commissioners prior to
recording the final plat.
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C. The changes recommended at the Utilities Coordinating Advisory Board
meeting on April 12, 2007, shall be reflected on the final plat. These
changes included moving the 15 -foot easement along the front property line
out of the existing easement, adding an emergency access easement and
language, and removing both the septic envelopes and the no -build deed
restriction.
D. The private Covenants, Conditions, and Restrictions shall be revised as
follows:
1) The legal description of land to be burdened with covenants must
reference the lots being created through the Minor Subdivision and
leave blanks for the reception number and date of recordation of the
final plat.
2) On page 3, the definition of 'The Property' refers to Exhibit A, which
is not included. This definition shall be revised, or Exhibit A shall be
included.
3) Proper execution by record title owners at the time of recording is
necessary. The signature page must be changed to accurately
reflect the owners of record. If the owner of record is a trust, then
the signature page must reflect this and the trustee must sign as
trustee.
4) The date on the execution page shall accurately reflect the date the
document was executed.
5) The definition of 'Common Areas' shall be amended to include
Outlot A (the center median) and Outlot B (the bus stop and mail box
kiosk area). This definition shall also include a reference to the final
plat.
6) 'General Duties' shall be amended to 'operation, maintenance and
repair of Common Areas (including roads, fixtures, structures,
mailboxes, conduits, pipes, signs, landscaping, and related facilities,
now or hereafter constructed) and drainage structures and facilities.
7) 'Easement Maintenance' shall be amended to include reference to
Outlots A and B, as well as drainage structures and facilities.
8) Article X shall be amended to include a prohibition on improvements
on the septic system. Language for the preservation and/or
protection of the absorption field envelopes shall be placed in the
development Covenants. The Covenants shall state that activities
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such as permanent landscaping, structures, dirt mounds, or other
items, are expressly prohibited in the absorption field site.
9) In Article XV, 'Common Elements' shall be changed to 'Common
Areas' to maintain consistency throughout the documents.
10) A plan for establishing vegetative cover for the site, including
abatement of noxious weeds and roles and responsibility, should be
prepared and included as part of the subdivision Covenants.
11) Through the subdivision Covenants, prospective residents should be
informed that they will be responsible for abatement or routine
nuisance wildlife issues, including but not limited to: prairie dogs,
raccoon, skunks, coyote, red fox, swift fox, and miscellaneous
rodents and raptors within legal guidelines established by the State
of Colorado and the United States Fish and Wildlife Service.
E. The revised Covenants shall be submitted to the Weld County Department
of Planning Services for recording, along with the appropriate recording fee
(currently $6.00 for the first page and $5.00 for each additional page) at the
time the final plat is submitted for recording. The plat will be recorded and
the recording information of the plat inserted into the Covenants which will
then be recorded.
F. The applicant shall submit, to the Department of Planning Services, a copy
of a deed which transfers ownership of Outlot A and Outlot B to the Peace
Haven Estates Homeowners' Association, along with the appropriate
recording fee (currently $6.00 for the first page and $5.00 for each additional
page) at submittal of the final plat.
G. The applicant shall submit, to the Department of Planning Services,
Certificates from the Secretary of State showing the Peace Haven Estates
Homeowners' Association has been formed and registered with the State.
H. A parcel shall be dedicated for common ownership and the Covenants
revised to reflect the location of the mailbox and bus shelter.
The septic envelopes shown on the preliminary plat were reviewed by the
Department of Public Health and Environment and deemed unnecessary.
These septic envelopes shall be removed.
J. The applicant shall submit evidence to the Department of Planning Services
that they have met the following conditions required by the Department of
Public Works:
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1) A Road Maintenance Agreement for County Road 84 and County
Road 19 has been submitted.
2) Item 3C shall be completed.
3) The application must be signed by the applicant.
4) An On -Site Improvements Agreement for Peace Haven has been
submitted, but needs to be updated, to reflect the redlined
comments shown in the previously provided agreement. The
agreement must be signed by the applicant.
K. Prior to recording the final plat, the applicant shall provide written evidence
to the Department of Planning Services, from Weld County School District
RE -4 (Windsor Schools) which indicates that all District requirements will be
met, as outlined in the referral comments received March 27, 2007.
L. The applicant shall provide written evidence to the Department of Planning
Services that they have attempted to address the recommendations/
requirements of the Colorado Division of Wildlife, as stated in the referral
dated April 25, 2006.
M. The plat shall be amended to delineate the following:
1) The format of the final plat document shall adhere to the standards
required by Section 24-3-50.0 of the Weld County Code.
2) In accordance with Section 23-4-80.A.3 of the Weld County Code,
the plat shall be amended to show the entryway detail. The
subdivision identification sign shall be a maximum of 32 square feet.
Should the applicant wish for the sign to be more restrictive, the
Covenants must be amended to include a more restrictive size than
what Weld County will allow in the E (Estate) Zone District.
3) The common ownership parcel, which is the entryway median and
location of the subdivision sign, shall be delineated on the plat. This
parcel shall be called Outlot A and be deeded to, and maintained by,
the Homeowners' Association.
4) The location of a common ownership parcel for the central mailbox
and bus shelter shall be delineated on the plat. This parcel shall be
placed outside of the right-of-way for Peace Haven Way, be called
Outlot B, and be deeded to, and maintained by, the Homeowners'
Association.
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5) Septic envelope locations shall be removed as requested by the
Department of Public Health and Environment.
6) All drainage related facilities and/or areas (including the proposed
detention pond) shall be placed in dedicated drainage easements.
N. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
1) The Final Plat allows for E (Estate) Zone uses and shall comply with
the E (Estate) Zone District requirements as set forth in Chapter 23
of the Weld County Code. The Minor Subdivision shall consist of
eight (8) residential lots and two outlots (Outlot A and Outlot B).
2) This subdivision is in rural Weld County and is not served by a
municipal sanitary sewer system. A Weld County septic permit is
required for each proposed septic system, which shall be installed
according to the Weld County Individual Sewage Disposal System
(I.S.D.S.) regulations. Each septic system shall be designed for
site -specific conditions.
3) Water service shall be obtained from the North Weld County Water
District.
4) There will be no on -street parking permitted within the subdivision.
5) All driveways shall be built to have access from Peace Haven Way
only.
6) Weld County does not maintain drainage related facilities.
7) All landscaping within the sight distance triangles must be less than
3.5 feet in height at maturity.
8) All signs on the site shall maintain compliance with Section 23-4-80
of the Weld County Code.
9) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
10) The applicant or their agents may be required to obtain permits from
the Weld County Department of Public Works Utility Agent for each
utility.
11) A Homeowners' Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
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owner. The Association is responsible for liability insurance, taxes
and maintenance of open space, streets, private utilities, and other
facilities, along with the enforcement of Covenants.
12) Because the roadway within the subdivision is not maintained by
Weld County, the Sheriffs Office will have limited traffic enforcement
powers. A plan should be developed to maintain the roadway,
especially during inclement weather conditions for emergency
vehicles.
13) Building permits shall be obtained prior to the construction of any
building. Building permits are required for the principle dwelling and
for accessory buildings to the principle dwelling.
14) A plan review is required for each building. Two complete sets of
plans are required when applying for each permit. Each building
may be required to be designed by a Colorado registered engineer.
15) Buildings shall conform to the requirements of the Codes adopted by
Weld County at the time of permit application. Currently, the
following have been adopted by Weld County: 2006 International
Building Code, 2006 International Residential Code, 2006
International Mechanical Code, 2006 International Plumbing Code,
2008 National Electrical Code, and Chapter 29 of the Weld County
Code.
16) Each building will require an engineered foundation based on a
site -specific Geotechnical Report or an open -hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
17) The applicant shall provide a letter of approval from the Poudre Fire
Authority for each residential structure.
18) Fire resistance of walls and openings, construction requirements,
maximum building height, and allowable areas will be reviewed at
the plan review. Setback and offset distances shall be determined
by Chapter 23 of the Weld County Code.
19) Building height shall be measured in accordance with the 2006
International Building Code for the purpose of determining the
maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the Weld
County Code in order to determine compliance with offset and
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setback requirements. Offset and setback requirements are
measured to the farthest projection from the building.
20) 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.
21) Effective January 1, 2003, building permits issued on the proposed
lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
22) Effective August 1, 2005, building permits issued on the proposed
lots will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
23) 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. The applicant shall contact the Water Quality Control
Division of the Colorado Department of Public Health and
Environment, at www.cdphe.state.co.us/wq/PermitsUnit, for more
information.
24) 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 Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
25) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than
five (5) acres of land must incorporate all available and practical
methods that are technologically feasible and economically
reasonable in order to minimize dust emissions.
26) If land development creates more than a 25 -acre contiguous
disturbance, or exceeds six (6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice, and apply fora permit from the Colorado
Department of Public Health and Environment.
27) The site shall maintain compliance, at all times, with the
requirements of Weld County Government.
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28) 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.
O. The applicant shall submit 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).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit two
(2) paper copies of the plat for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the paper copies, 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 the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 24-3-50 of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty (30) days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005,
should the plat not be recorded within the required thirty (30) days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
4. No development activity shall commence on the property, nor shall any building
permits be issued, until the Final Plan has been approved and recorded.
5. The applicant shall provide a letter requesting that the required collateral be
deferred until such time an application is submitted for the grading permit. All
collateral for improvements, including dust control, future paving, and on -site
improvements, shall be submitted prior to issuance of the grading permit.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of February, A.D., 2009.
ATTEST:
Weld County Clerk to t
BY.
Deputy Clerk
APPR
Ce nty Attorney
Date of signature. 4 nn%
BOARD OF COUNTY COMMISSIONERS
WELD QOU LY, COLORADO
illiam F. Garcia, Chair
c
de
Douglas ademacher, ro-Tem
EXCUSED
Se P. Conway
David"E. Long
2009-0020
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