HomeMy WebLinkAbout20062412.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN, MF #1081, FOR NINE (9) RESIDENTIAL LOTS AND TWO (2) OPEN SPACE
TRACTS IN THE E (ESTATE) ZONE DISTRICT - GOLD STONE CENTER, LLC
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 20th day of
September,2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Gold Stone Center, LLC, do Walter Huang, 1714 Topaz Drive, Suite 240,
Loveland,Colorado 80537,fora Site Specific Development Plan and Minor Subdivision Final Plan,
MF#1081,for nine(9)residential lots and two(2)open space tracts in the E(Estate)Zone District
on the following described real estate, to-wit:
N1/2 NW1/4 of Section 16, Township 8 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,Thomas Honn,40525 Weld County Road 21,Ault,Colorado 80610,represented
said applicant, 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 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 of the Weld County Code, including specifically:
a. Section 24-3-60.P.1 -- The applicant has shown 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 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 Town of Pierce lies within the three-mile referral area and did
not respond to the referral request. The Utilities Coordinating Advisory
Committee reviewed the plat and utility plans for the site on April 27, 2006.
Three changes were proposed, all of which have been accommodated on
the draft plat and plans. These include the addition of drainage and utility
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easements along the perimeter of the open space,recording information for
the existing easements, and the correction of a water tap size on the utility
plans.
b. Section 24-3-60.P.2 -- Provisions have been made to preserve prime
agricultural land. The site, per U.S. Department of Agriculture mapping, is
only considered"high potential dry cropland-prime if irrigated." The subject
property is categorized as"Prime" by the West Greeley Soil Conservation
District, in its referral dated April 6, 2006. The productivity of the site was
reviewed through previous applications,and it has been determined that the
subdivision is appropriate for this location because of its United States
Department of Agriculture (U.S.D.A.) category and lack of irrigation water.
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 lots will be
served by the North Weld County Water District. The Nunn Fire Protection
District did not respond to the request for referral comments as part of this
Final Plan application. A Condition of Approval proposed by the Department
of Building Inspection, in its referral dated April 24, 2006, would require a
letter of approval from the Fire District for each residential structure.
d. Section 24-3-60.P.4 -- 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. Individual Sewage Disposal Systems(I.S.D.S.)will
handle the effluent flow, and the Department of Public Health and
Environment has determined that these will comply with all applicable laws
if the conditions proposed in the referral of May 12, 2006, are met.
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 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. The
Weld County Department of Public Works notes that the Geotechnical
Engineering Pavement Report,and the Final Drainage,Erosion Control and
Water Quality Report, are both accepted and approved.
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
requirements of the Minor Subdivision. Standards are established in
Appendices 24-D and 24-E of the Weld County Code. The applicant is
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proposing a 60-foot interior road right-of-way and a gravel road. The
proposal meets County requirements and was approved at the Change of
Zone.
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. No off-site improvements have been required by the
Department of Public Works.
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. Weld Countywill not maintain gravel Weld County Road
92.75 (to be re-named per Public Works requirement). Conditions of
Approval include amending the Covenants to include a plan to maintain
roadways within the Minor Subdivision.
Section 24-3-60.P.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.
j. Section 24-3-60.P.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.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 road circulation system. The design
assures this, and this restriction is proposed as a conditional note on the
plat.
m. Section 24-3-60.P.13 - The facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works
has indicated, in a referral response dated March 22, 2006, that it has
accepted the submitted Drainage Report.
n. Section 24-3-60.P.14 - The maximum number of lots within the Minor
Subdivision will not exceed nine (9) lots. The proposal is for nine (9)
residential lots, with E (Estate)Zone District standards.
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. The Sheriffs Office, in its referral dated
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May 17,2006,notes that there will be limited traffic enforcement powers on
roads not maintained or owned by the County. The Sheriffs Office
encourages Law Enforcement Authorities to provide additional funding for law
enforcement requirements in the future. The Nunn Fire Protection District
did not respond to the referral request. Weld County School District RE-9
(Highland Schools) indicated its concerns will be mitigated through the
payment of a cash-in-lieu fee consistent with its policies. No other agencies
indicated any undue burdens on governmental services.
p. Section 24-3-60.S-The Minor 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 proposed
Conditions of Approval.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Gold Stone Center, LLC,fora Site Specific Development
Plan and Minor Subdivision Final Plan, MF#1081, for nine (9) residential lots and two (2)open
space tracts in the E (Estate)Zone District 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"Gold Stone Creek Minor Subdivision-
MF-1081."
B. The private Covenants, Conditions, and Restrictions ("CC&R's) shall be
revised as follows:
1) Reference shall be added to the property being subdivided through
the Minor Subdivision and blanks shall be left for the reception
number and date of recordation.
2) Reference shall be added as to whether the Colorado Common
Interest Ownership Act applies, if at all.
3) The acknowledgment for Huang's signature should be revised to
read: " . . . by Walter W. Huang, Manager, Gold Stone Center, LLC,
a Colorado limited liability company, Declarant."
4) 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 Minor Subdivision Covenants.
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5) Through the Minor Subdivision Covenants, prospective residents
should be informed that they will be responsible for abatement of
routine nuisance wildlife issues, including, but not limited to: prairie
dog, raccoon, skunk, 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.
6) The applicant shall preserve and protect the secondary septic
envelopes for the septic systems
C. 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).
D. The applicant shall provide the Department of Planning Services with a copy
of a Deed which gives ownership of Outlot Ato the North Weld County Water
District,along with the appropriate recording fee(currently$6.00 for the first
page and $5.00 for each additional page).
E. The applicant shall provide the Department of Planning Services with a copy
of a Deed which gives ownership of Outlot B to the Gold Stone Creek
Homeowners'Association,along with the appropriate recording fee(currently
$6.00 for the first page and $5.00 for each additional page).
F. The applicant shall provide the Department of Planning Services with
Certificates from the Secretary of State stating the Gold Stone Creek
Homeowners' Association has been formed and registered with the State.
G. The applicant shall submit evidence that the appropriate Postal District has
approved the location of individual mailboxes and the proposed street name
and addresses. If group mailboxes are required,a parcel shall be dedicated
for common ownership and the Covenants revised to reflect this
requirement.
H. The septic envelope locations shown on the Preliminary Plat Design
Adjustment(dated October 17, 2005)were reviewed by the Department of
Public Health and Environment and shall be considered the final septic
locations. These septic envelopes shall not be revised without coordination
with the Department.
The applicant shall submit evidence to the Department of Planning Services
that they have met the following conditions required by the Weld County
Department of Public Works:
1) The Department of Public Works does not accept the interior
roadway name of "Weld County Road 92.75." The interior
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subdivision roadway shall not be labeled as a "County Road." The
applicant shall re-label the interior roadwayforthe subdivision on all
final plat and engineering plan drawings,after receiving approval of
the new name from the Departments of Planning Services
(Addressing) and Public Works, and emergency providers.
2) Sheet 5 of the Final Grading Plan shall describe the abbreviation
"TOW". If"TOW"relates to"FG",a consistent abbreviation shall be
used to avoid confusion during construction.
3) Revised sealed final roadway/construction/grading/erosion control
plan drawings shall be resubmitted with the Final Plan materials. The
applicant must submit a total of three (3) sets of final roadway,
drainage, utility/construction plan drawings (stamped, signed, and
dated) to the Department of Public Works. Every sheet of the
engineering drawings shall be sealed by the engineer of record.
Weld County Field Inspectors will use the extra sets of plan drawings
during construction.
4) The applicant shall submit Improvements Agreements According to
Policy Regarding Collateral for Improvements(private/public)with the
Final Plan application. These agreements must be reviewed by the
Department of Public Works and shall be approved by the Board of
County Commissioners prior to recording the final plat.
J. Prior to recording the final plat,the applicant shall provide written evidence
to the Department of Planning Services from Weld County School District
RE-9(Highland Schools)which indicates that all District requirements have
been met, as outlined in the referral comments received April 10, 2006.
K. 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.
L. The plat shall be amended to delineate the following:
1) The format of the final plat document shall adhere 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 development identification
sign, which 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.
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3) If required, the location of a common ownership parcel for the
development identification sign,a school bus turnout,and/ora central
mailbox shall be provided, dedicated, and maintained by the
Homeowners' Association.
4) Septic envelope locations shall be shown, as approved by the
Department of Public Health and Environment.
M. 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 Estate 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 nine
(9) residential lots, a 0.92-acre outlot (Outlot A), and a 32.49-acre
outlot (Outlot B).
2) OutlotA shall be used for construction of a pump station and for open
space purposes.
3) Outlot B shall be used for farming, open space, stormwater
management, flood hazard control, oil and gas facilities, and
recreation. Structures not supporting these uses are not allowed.
Structures proposed within the floodplain/floodway are required to
apply fora Flood Hazard Development Permit,as required by Section
23-2-450 of the Weld County Code.
4) A Weld County septic permit is required for each proposed septic
system, which shall be installed according to the Weld County
I.S.D.S. Regulations. Each septic system shall be designed for
site-specific conditions.
5) All landscaping within the sight distance triangles at road
intersections must be less than 3.5 feet in height at maturity.
6) There will be no on-street parking permitted within the Minor
Subdivision.
7) All driveways shall be built to have access from [new road name]
only.
8) Weld County's Right to Farm Statement,as stated on this plat,shall
be recognized at all times.
9) All signs on the site shall maintain compliance with Section 23-4-80
of the Weld County Code.
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10) 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 standards stated herein
and all applicable Weld County regulations.
11) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
12) A Homeowners'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 open space, streets, private utilities, and other
facilities, along with the enforcement of Covenants.
13) Because the roadway within the Minor Subdivision is not maintained
by Weld County, the Sheriff's Office will have limited traffic
enforcement powers. A plan should be developed to maintain the
roadway, especially during inclement weather conditions for
emergency vehicles.
14) If any gas or oil production facilities within the Minor Subdivision are
proposed,they should be fenced off in order to mitigate the potential
for tampering. These facilities are known to create an attractive
nuisance for young people. Tampering not only creates a significant
safety danger, but also of environmental damage with extensive
mitigation and clean-up costs.
15) The applicant,or its agents, may be required to obtain permits from
the Weld County Public Works Utility Agent for each utility.
16) Building permits shall be obtained prior to the construction of any
building. Building permits are required for the principle dwelling and
for buildings accessory to the principle dwelling.
17) 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.
18) Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Currently, Weld
County has adopted the following codes:2003 International Building
Code, 2003 International Mechanical Code, 2003 International
Plumbing Code, 2003 International Fuel Gas Code, 2002 National
Electrical Code, and Chapter 29 of the Weld County Code.
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19) 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.
20) 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.
21) Building height shall be measured in accordance with the 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. Offset and setback requirements are
measured to the farthest projection from the building.
22) The applicant shall provide a letter of approval from the Nunn Fire
Protection District for each residential structure.
23) 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.
24) 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 Program.
25) 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.
26) The site shall maintain compliance, at all times, with the
requirements of the Weld County Government.
27) In addition,the following notes from the Change of Zone plat shall be
transferred and added to the final plat: B, C, D, E, F, G, and H.
N. 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
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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, nor shall any building permits be issued
on the property, until the Final Plan has been approved and recorded.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 20th day of September, A.D., 2006.
BOARD OF CO TY COMMISSIONERS
)', ;} . WELD COU , COLORADO
`J
ATTEST:
eile, Chair
Weld County Clerk to th
f( David E. Long, Pro-Tem
BY:
Dept Clerk to e Board
Willi H. Jerke
APP AS TO F / -
Robert D. ten
Attorney EXCUSED
Glenn Vaad
Date of signature: (-910c2
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