HomeMy WebLinkAbout20061427.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN, MF #1069, FOR FOUR (4) RESIDENTIAL LOTS WITH E (ESTATE) ZONING -
DAVID AND SUSANNE SCHWIND
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
June, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of David and Susanne Schwind, 17900 Weld County Road 5,Berthoud,Colorado 80513,
for a Site Specific Development Plan and Minor Subdivision Final Plan, MF #1069, for four (4)
residential lots with E (Estate)Zoning on the following described real estate, to-wit:
Lot A of Recorded Exemption#2651;being part of the
NW1/4 of Section 4, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicants were present at said hearing, and
WHEREAS,Section 24-3-50 of the Weld County Code provides standards for review of said
Minor Subdivision Final Plan, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicants 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 applicants have
shown compliance with Section 24-3-60 of the Weld County Code, including
specifically:
a. Section 24-3-60.P.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 proposed site does not lie within the Urban Growth
Boundary or Intergovernmental Agreement area for any municipality. The
subject property lies within the three-mile referral area of the Towns of
Berthoud, Johnstown, and Mead and Boulder County. The Towns of
Berthoud and Johnstown,in their referrals dated February 17,2006,reviewed
the proposed development and found no conflicts with their interests. The
Town of Mead returned a referral, dated March 26, 2006, objecting to the
County considering this application as an unincorporated subdivision and
requests the applicants petition for annexation. The proposed subdivision is
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outside of the Urban Growth Boundary area for the Town of Mead and is not
within an Intergovernmental Agreement Area,therefore,the applicants are
not required to prepare annexation documents to the Town.
b. Section 24-3-60.P.2 -- Provisions have been made to preserve prime
agricultural land. The site is designated "Prime" by the United States
Department of Agriculture (U.S.D.A.) "Farmlands of National Importance
Map," dated 1979. The site is currently not in agricultural production.
c. Section 24-3-60.P.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 existing home
on proposed Lot 2 has an existing water tap with the Little Thompson Water
District. The applicants have a Water Service Agreement with the Little
Thompson Water District for the remaining three (3) lots. The agreement
has been approved by the Weld County Attorney's Office.
d. Section 24-3-60.P.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. In a referral response received March 14,2006,the
Weld County Department of Public Health and Environment has reviewed
this proposal and has indicated the applicants have satisfied Chapter 24 of
the Weld County Code in regard to water and sewer service. Sewer will be
provided by Individual Sewage Disposal Systems and the overall density
meets the current Department policy with one septic system per 3.44 acres,
down from 3.7 at the Change of Zone application. No percolation data was
submitted in the application materials; however, due to the existing septic
systems percolation data,the Department of Public Health and Environment
requests the applicants place primary and secondary septic envelopes on
each lot(secondary only on Lot 2)that meet all setbacks. Language for the
preservation and/or protection of the second absorption field envelope shall
be placed in the Development Covenants. The Covenants should state that
activities such as landscaping (i.e. planting of trees and shrubs) and
construction(i.e.auxiliary structures,dirt mounds,etcetera)are expressively
prohibited in the designated absorption field envelopes.
e. Section 24-3-60.P.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 the proposed uses
of these areas are compatible with such conditions. All concerns indicated
by the Colorado Geological Survey referral, dated August 27, 2004, have
been addressed.
f. Section 24-3-60.P.6--Streets within the Minor Subdivision are adequate in
functional classification, width, and structural capacity to meet the traffic
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requirements of the Minor Subdivision. The applicants are proposing an
interior roadway with 60 feet of right-of-way for two 13-foot gravel lanes. The
Weld County Department of Public Works, in its referral dated February 28,
2006,states the final roadway/construction/grading plan and Final Drainage
Report shall be amended and resubmitted to the Department of Public
Works.
g. Section 24-3-60.P.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. The applicants are not required to submit an Agreement for
Improvements to Weld County Roads 5 and 38 for road stabilization and dust
control. The Department of Public Works has taken Weld County Road 5 off
the County Financed Fugitive Dust Control Treatment Program. The
proposed additional traffic generated from this development will not exceed
the 200 vehicles per day threshold mandated for dust mitigation for Weld
County Road 38.
h. Section 24-3-60.P.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. The Highlands Minor Subdivision Covenants ensure
property owners understand their obligations.
Section 24-3-60.P.9--The Minor Subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated townsite.
j. Section 24-3-60.P.10--There will be no on-street parking permitted within
the Minor Subdivision. A Development Standard has been included to ensure
on-street parking will not be allowed.
k. Section 24-3-60.P.11 -- No additional access to a county, state, or federal
highway will be created.
Section 24-3-60.P.12 - The ingress and egress to all lots within the Minor
Subdivision will be to an internal gravel road circulation system (Highlands
Court). The Conditions of Approval ensure that the existing accesses and
culverts currently serving the house on proposed Lot 2 and Lot 1 shall be
removed when access is completed for Highlands Court.
m. Section 24-3-60.P.13 - Facilities providing drainage and stormwater
management are adequate.The Weld County Departmentof Public Works,
in its referral dated February28,2006,states the final drainage plan drawings
submitted by the applicants on Sheet Two does not include any erosion
control measures. This drawing shall be revised and resubmitted to the
Department of Public Works showing erosion control measures to be used
during construction.
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n. Section 24-3-60.P.14 - The maximum number of lots within the Minor
Subdivision will not exceed nine(9)lots. The applicants are requesting four
(4) lots.
o. Section 24-3-60.P.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. No comments were received from the
post office. The St. Vrain Valley School District, in its referral dated
March 14, 2006, is not in support of the application, since the bench mark
of 125 percent capacity will be exceeded within five(5)years. The School
District is requesting that a cash-in-lieu fee be paid per lot. The School
District is not requesting a bus shelter at this time. Should the applicants
wish to incorporate a bus structure and mailbox pedestal, they shall be
located on land owned and maintained by the Homeowners'Association and
delineated on the plat.
P. Section 24-3-60.S-The subdivision will not have an undue adverse effect on
wildlife and its habitat, or the preservation of agricultural land and historical
sites. The Colorado Division of Wildlife,in its referral dated March 15,2006,
indicated the proposal does not conflict with its interests.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of David and Susanne Schwind for a Site Specific
Development Plan and Minor Subdivision Final Plan, MF#1069, for four(4) residential lots with
E(Estate)Zoning 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 MF-1069.
B. The applicants have submitted an On-Site (Private) Improvements
Agreement that addresses all improvements associated with this
development (utility extensions, roads, etcetera), per compliance with
Section 24-6-40 of the Weld County Code. This agreement shall be
approved by the Board of County Commissioners prior to recording the final
plat.
C. The applicants shall submit evidence that the Weld County Attorneys Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for The Highlands Minor Subdivision. Any changes
requested by the Weld County Attorney's Office shall be incorporated. The
following changes to the Covenants shall be incorporated:
1) The 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 such as permanent landscaping,
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structures, dirt mounds, or other items, are expressly prohibited in
the absorption field site.
2) Section 5.8 regarding septic systems in regards to the movement of
the septic envelopes should be stricken.
3) Section 5.16 allows the Architectural Control Committee (ACC) to
grant variances from the Covenant provisions. There should be a
statement that the ACC can not grant variances from the plat notes.
D. Finalized Restrictive Covenants and Articles of Incorporation,along with the
appropriate recording fee (currently $6.00 for the first page and $5.00 for
subsequent pages), shall be submitted to the Weld County Department of
Planning Services.
E. The applicants shall submit Certificates from the Secretary of State
demonstrating that "The Highlands Homeowners' Association" has been
formed and registered with the State.
F. The applicants shall submit copies of a finalized water agreement with the
Little Thompson Water District.
G. Utility easements shall be delineated on the plat as outlined by the Utilities
Coordinating Advisory Committee, and per Section 24-7-60 of the Weld
County Code.
H. The location of the subdivision sign shall be located on property owned and
maintained by the Homeowners' Association, meeting all setback
requirements and noted on the plat, and the size of the sign shall be
delineated on the plat for review and approval. The sign shall not exceed 32
square feet per Section 23-4-80.A.3 of the Weld County Code.
I. The applicants shall submit evidence that an agreement has been entered
into with St. Vrain Valley School District RE-1J to pay the cash-in-lieu
payment per lot,or submit evidence that the School District is satisfied with
the applicants' proposal.
J. "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.
K. The sight distance triangles at the development entrance on the plat are
incorrect and shall be corrected as per the American Association of State
Highways and Transportation Officials(AASHTO)Guidelines and shall be
shown and dimensioned on the plat. No signs or utility poles can be located
within the site distance triangles.
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L. The applicants shall submit the name of the street within the proposed
development,along with the street addresses,for review by the Weld County
Sheriffs Office, Department of Planning Services, Postal Services, and
emergency responders. Evidence of their approval shall be submitted to the
Department of Planning Services.
M. The applicants shall provide the Department of Public Works with revised
stamped, signed, and dated final plat drawings and roadway/construction
and grading plan drawings for review. Three additional sets of the final
roadway, drainage, and utility/construction plan drawings shall also be
submitted to the Department of Public Works for the Weld County Field
Inspector's use during construction of the subdivision. Written evidence of
approval shall be submitted to the Department of Planning Services.
N. The applicants shall provide the Department of Public Works with revised
stamped,signed,and dated final drainage construction and erosion control
plan drawings for review,specifically delineating the ditch that flood irrigates
the current property. The plan shall also indicate all on-site and off-site
drainage for the proposed development and erosion control measures.
Written evidence of approval shall be submitted to the Department of
Planning Services.
O. The applicants shall provide the Department of Planning Services with
written evidence that the Berthoud Fire Protection District concerns
regarding a fire hydrant have been addressed.
P. The applicants shall address the concerns of the Division of Wildlife referral
dated March 15,2006. Written evidence of approval shall be submitted to the
Department of Planning Services.
Q. The applicants 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 Homeowners' Association, meeting all setback
requirements and noted on the plat.
R. The Ish Ditch shall be delineated on the plat with all the required setbacks
and easements.
S. The applicants shall attempt to address the requirements and concerns of
the Town of Mead, as stated in the referral response dated March 6, 2006.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
T. Primary and secondary septic envelopes shall be placed on each lot
(secondary only on Lot 2). All septic envelopes must meet all setbacks,
including the 100-foot setback to any well.
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U. The improvements on Lot 2 must be delineated on the plat, including the
approximate location of the existing septic system.
V. Prior to release of collateral, the existing accesses and culverts currently
serving the house on proposed Lot 2 and Lot 1 shall be removed when
access is completed for Highlands Court.
W. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
1) The Highlands Minor Subdivision shall consist of four(4)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.
2) Water service shall be provided by the Little Thompson 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) AStormwater 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(1)
acre in area. The applicants 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.
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7) Weld County's Right to Farm, as stated on this plat, shall be
recognized at all times.
8) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code and shall be indicated on the plat as approved by the
Weld County Utilities Coordinating Advisory Committee.
9) Effective January 1,2003, building permits issued on the lots will be
required to adhere to the fee structure of the County-Wide Road
Impact Program.
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) The site shall maintain compliance, at all times, with the
requirements of Weld County Government.
12) 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.
13) 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 the Covenants.
14) All landscaping within the site distance triangles must be less than
3.5 feet in height at maturity.
15) Stop signs and street name signs will be required at all intersections.
16) A permit may be required from the Weld County's Department of
Public Works Right-of-Way agent for each utility.
17) A plan review is required for each building. Two complete sets of
plans are required when applying for each permit.
18) Buildings shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following
have been adopted by Weld County:2003 International Residential
Code, 2003 International Building Code, 2003 International
Mechanical Code,2003 International Plumbing Code,2002 National
Electrical Code, and Chapter 29 of the Weld County Code.
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19) Each building that is required to have an engineered foundation shall
be based on a Site-Specific Geotechnical Report or an open hole
inspection performed bya Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
20) Building height shall be limited to the maximum height allowed for
dwellings per the International Residential Code and for other
buildings by Table 503 of the International Building Code (IBC).
Separation of buildings of mixed occupancy classifications shall be
in accordance with IBC Table 302.3 and Chapter 3. Setback and
offset distances shall be determined by Chapter 23 of the Weld
County Code.
21) Building height shall be measured in accordance with the 2003
International Residential Code and 2003 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 setback requirements. When measuring
buildings to determine offset and setback requirements,buildings are
measured to the farthest projection from the building.
22) 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.
23) 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.
24) 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.
25) Outdoor storage shall be screened from public rights-of-way and
adjacent properties.
26) Prior to release of collateral, the existing accesses and culverts
currently serving the house on proposed Lot 2 and Lot 1 shall be
removed when access is completed for Highlands Court.
27) Construction on the site shall follow the suggestions made in the
Engineering Geology Report, prepared by Edward Paas, dated
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July 19,2004,and the Colorado Geological Survey dated August 27,
2004.
28) There will be no on-street parking permitted within The Highlands
Minor Subdivision.
29) Prior to the issuance of building permits,the applicants shall submit
construction plans for the utilities showing the location of fire
hydrants, the size of water mains, and available fire flows to the
Berthoud Fire Protection District for review.
Q. The applicants shall submit two (2)paper copies of the amended final plat
for review and approval. Upon approval of the paper copies the applicants
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 the
Department of Planning Services. The Mylar plat and additional
requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners Resolution. The applicants shall be
responsible for paying the recording fee.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of June, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
E La ELD� CO/ Y, COLORADO
ATTEST: Eiji 'z. � �. le, it
��� . . :.le, Chair
Weld County Clerk to the B
? ix�, c.Jl F
S David E. Long, Pro-Tern
BY: AA, i tC� .,_
De u y Cler to the Board '
W' iam H. Jerke
APP AST1/
Robert pt. Mas en
unt torney AL1,1� eP
Glenn Vaad C
Date of signature: I (CV
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