HomeMy WebLinkAbout20070476.tiff RESOLUTION
RE: APPROVE RESUBDIVISION, RS #1136, FOR THE CREATION OF AN ADDITIONAL
LOT IN THE BLACK HOLLOW ACRES SUBDIVISION -JASON AND LISA SLATER
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 14th day of
March,2007,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Jason and Lisa Slater,8567 Weld County Road 86, Fort Collins,Colorado 80524,for
Resubdivision, RS#1136,for the creation of an additional lot in the Black HollowAcres Subdivision,
on the following described real estate, to-wit:
Lot 12, Black Hollow Acres, 1st Filing; being part of
the SE1/4 of Section 33, Township 8 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicants were present, and
WHEREAS,Section 24-5-40.C of the Weld County Code provides standards for review of
said Resubdivision, 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 recommendation of the Weld County
Department of Planning Services 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 24-5-40.B of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 24-5-40.C.2 of the Weld County Code, including
specifically:
a. Section 24-4-40.E.7.a--The proposed Resubdivision is in compliance with
Chapter 22 of the Weld County Code,the existing or future development of
the surrounding areas as permitted by the existing zoning and with the future
development as projected by Chapter 22, and the Comprehensive Plan or
Master Plan of affected municipalities and Intergovernmental Agreements.
1) Section 22-2-60.D(A.Goal 4)states,"Conversion of agricultural land
to nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be
compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses. Once converted,
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RESUBDIVISION (RS #1136) - JASON AND LISA SLATER
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this land is less conducive to agricultural production." The proposed
Resubdivision is for the addition of a lot in the existing Black Hollow
Acres Subdivision, which was approved by the Board of County
Commissioners, and recorded September 25, 1970, at Reception
Number 1555177. The proposed Resubdivision would divide the
existing 29.41-acre lot into two lots; one ten(10)acre and one 19.41
acre lot. The proposed lot sizes are compatible with the existing
Subdivision. The twelve (12)existing lots in the Subdivision vary in
size; the smallest is approximately 10 acres while the largest is
59.3 acres. The intended use of the additional lot is as a residence,
which is compatible with the existing subdivision. Larimer County, in
its referral dated December 14, 2006, and the Town of Severance,
in its referral dated December 13,2006, returned no objections to the
proposal.
2) Section 22-2-60.1(A.Goal 9)states,"The minimum lot size of parcels
in the A(Agricultural)Zone District should remain at eighty(80)acres
to encourage parcels large enough to retain viable farming operations
or to accommodate modern agricultural equipment and irrigation
practices." At 29.4 acres in size, this parcel is too small to be viable
for farming. The property has not recently been farmed and the
additional lot will not remove any formerly productive land from
cultivation. The property owners have applied to change the zoning
from A (Agriculture) to E (Estate) to reflect the current use of the
property, and to support the proposed Resubdivision.
b. Section 24-4-40.E.7.b -- The proposal is in 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 property owners have applied to
change the zoning on this parcel from A(Agricultural)to E(Estate)in order
to accomplish this Resubdivision in compliance with Chapter23 of the Weld
County Code. The parcels will be required to maintain compliance with the
E (Estate) zoning designation. Larimer County, in its referral dated
December 14, 2006, and the Town of Severance, in its referral dated
December 13, 2006, returned no objections to the proposal.
c. Section 24-4-40.E.6.c--Applicable comments from referral agencies have
been incorporated into the Conditions of Approval.
d. Section 24-4-40.F.6.d -Definite provision has been made for a water supply
that is sufficient in terms of quantity, dependability, and quality, to provide
water for the subdivision, including fire protection. The applicant has
provided a letter from the North Weld County Water District which shows the
District's ability to provide service. A copy of the final signed water service
agreement shall be provided to the Department of Planning Services prior to
recording the Final Plat.
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e. Section 24-4-40.E.6.e - Sewer for the existing home is provided by an
Individual Sewage Disposal System(I.S.D.S.)Permit#SP-9600211,and an
(I.S.D.S.)is proposed for the new lot. In its referral dated January 16, 2007,
the Department of Public Health and Environment did not state any concerns
regarding the proposed Resubdivision.
f. Section 24-4-40.E.6.f - Streets within the subdivision are adequate in
functional classification, width, and structural capacity to meet the traffic
requirements of the subdivision. Black Hollow Acres Subdivision was
created in 1970, prior to the current internal access road requirement,
therefore, all but two of the lots within Black Hollow Acres Subdivision have
access from Weld County Roads 86 or 19. The proposed new lot has been
granted an access from Weld County Road 86.
g. Section 24-4-40.E.6.g--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 Chapter 24, Article VII. The
Weld County Department of Public Works, in the referral dated January 4,
2007, did not object to the proposed Resubdivision or to the possible
additional traffic on Weld County Road 86 and/or Weld County Road 19.
h. Section 24-4-40.E.6.h - Facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works,
in the referral dated January 4, 2007, stated no objections in regards to
drainage and stormwater management.
Section 24-4-40.E.6.i-The Resubdivision will not cause an unreasonable
burden on the ability of local governments or districts to provide fire and
police protection, hospital, solid waste disposal, and other services. The
applicants,as a Condition of Approval,shall satisfy the requirements of Weld
County School District RE-4, outlined in the referrals dated December 5,
2006, and January 3, 2007. The Ault Fire Protection District and the Weld
County Sheriffs Office did not return referral response to the Department of
Planning Services. The North Weld County Water District, in a letter dated
May 17, 2006, stated that it has the capacity to serve the new lot.
j. Section 24-4-40.E.6.j - The Resubdivision will not cause air pollution
violations based on Colorado Department of Public Health and Environment
standards. The Resubdivision will add one additional lot to Black Hollow
Acres Subdivision, and the Weld County Department of Public Health and
Environment did not state any concerns regarding air pollution in the referral
received January 16, 2007.
k. Section 24-4-40.E.6.k - The Resubdivision conforms to the subdivision
design standards of Chapter 24,Article VII. An additional lot is being added
to an existing subdivision;the applicant is not proposing changes which will
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alter the subdivision substantially. The requirements of Chapter 24,
Article VII, as applicable to this Resubdivision, have been met.
Section 24-4-40.E.6.l -The Resubdivision will not have an undue adverse
effect on wildlife, its habitat, the preservation of prime agricultural land, or
historical sites. The Colorado Division of Wildlife, in the referral dated
January 16,2007,did not object to the proposed Resubdivision;however,the
referral did state concerns that will be addressed through the Conditions of
Approval. The property, at 29.41 acres in size, is too small for a viable
farming operation.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of the above listed property owner for a Resubdivision of the
Black Hollow Acres Subdivision for the creation of an additional lot on the hereinabove described
parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to Recording the Resubdivision Plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled RS-1136.
2) The drainage and utility easements shall reflect the direction given by
the Utilities Coordinating Advisory Committee on January 11, 2006.
B. The applicants shall submit written evidence to the Department of Planning
Services that the requirements of Weld County School District RE-4 have
been met.
C. A finalized and signed copy of the water service agreement between the
applicants and the North Weld County Water District shall be submitted to
the Department of Planning Services. This agreement must be approved by
the County Attorney.
D. The applicants shall attempt to address the requirements and concerns of
the Colorado Division of Wildlife, as stated in the referral response dated
January 16, 2007. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
E. The Resubdivision is conditional upon the following being placed on the
Resubdivision Plat as notes prior to recording:
1) Resubdivision, RS#1136,shall consist of two(2)residential lots with
E (Estate) Zone District uses as set forth in Chapter 23, Article III,
Division 5, of the Weld County Code, and as indicated in the
application materials on file.
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2) Water service shall be provided by the North Weld County Water
District.
3) This subdivision is in rural Weld County and 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.
4) 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.
5) 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.
6) 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.
7) Building permits shall be obtained prior to the construction of any
building. Buildings that meet the definition of an Agricultural Exempt
Building, per the requirements the Weld County Code, do not need
building permits; however,a Certificate of Compliance must be filed
with the Department of Planning Services, and an electrical and/or
plumbing permit is required for any electrical or water for watering or
washing of livestock or poultry.
8) Prior to the release of a building permit, the applicant shall submit
evidence of approval from the Ault Fire Protection District to the Weld
County Department of Building Inspection.
9) 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.
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10) Effective August 1,2005, building permits issued on the subject site
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
11) Weld County's Right to Farm Statement, as provided in
Appendix 22-E of the Weld County Code, shall be placed on any
recorded plat.
F. The applicants shall submit two(2)paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services. The
plat shall be prepared in accordance with the requirements of
Sections 24-4-40.D.6 and 24-4-40.D.7 of the Weld County Code.
G. The plat for this Resubdivision shall be submitted to the Department of
Planning Services,along with the plat for Change of Zone,CZ#1135,and will
not be accepted for recording alone.
H. The applicants shall submit an digital file of all drawings associated with the
Resubdivision application. Acceptable CAD formats are.dwg, .dxf,and.dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, 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,the applicants 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 Sections 24-4-40.D.6 and 24-4-40.D.7 of the Weld County Code.
The applicants 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 sixty(60)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of March, A.D., 2007.
%7 .. BOARD OF COUNTY COMMISSIONERS
'; ,. a 1/445 WEL(D\COUMTY, COLORADO
ATTEST: % i 1 I er
i C
0 k2 vid E. Long, Chair
Weld County Clerk to the ® ►
XCUSED
� ,� p William Jew, ro-Tem
BY: \. (Ci / / a /
De Cle to the Board L/
APpROVED A •
Wil U Garcia
Robert D. Masden
ounty Attorney `��(3 �m��i;,i.e„_„ A.a,r
Douglas Rademacher
Date of signature: •3h7101
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