HomeMy WebLinkAbout20060365.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN, MF #1039, FOR NINE (9) RESIDENTIAL LOTS - CHARLES MESERLIAN
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 1st day of
March,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Charles Meserlian,2324 Plains Court, Fort Collins,Colorado 80521,fora Site Specific
Development Plan and Minor Subdivision Final Plan, MF#1039,for nine(9)residential lots on the
following described real estate, to-wit:
Part of the N1/2 of Section 10, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Jeff Couch, TEAM Engineering, 3468 Shallow Pond Drive, Fort Collins,
Colorado 80528-7002, 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 proposed site is not influenced by an
Intergovernmental Agreement. The site is within the three-mile referral area
for the Town of Severance; however, the Town did not respond to referral
request.
b. Section 24-3-60.P.2 --The subject property is categorized as "Prime"and
"Irrigated Land not Prime" by the United States Department of Agriculture
(U.S.D.A.) "Farmlands of National Importance Map," dated 1979. The
productivity of the site was reviewed through previous applications and it has
been determined that the subdivision is appropriate for this location.
c. Section 24-3-60.P.3—Provisions have been made fora public water supply
that is sufficient in terms of quantity, dependability, and quality to provide
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MINOR SUBDIVISION FINAL PLAN (MF #1039) - CHARLES MESERLIAN
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water for the Minor Subdivision, including fire protection. The lots will be
served by the North Weld County Water District. The applicant has indicated
two fire hydrants will provide fire flow. In a referral dated August 31, 2005,
the Windsor-Severance Fire Protection District indicated the applicant has
met all Fire District concerns.
d. Section 24-3-60.P.4-- Individual sewage disposal systems will handle the
effluent flow,and will comply with state and local laws and regulations which
are in effect at the time of submission of the Minor Subdivision.
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 applicant,and the proposed uses of
these areas are compatible with such conditions. The Weld County Building
Inspection Department is requiring each building permit to include an
engineered foundation based on a Site-Specific Geotechnical Report or an
open hole inspection performed by a Colorado registered engineer. Further,
a note on the plat will notify future property owners that lots may not
accommodate full-depth basements due to groundwater levels.
f. Section 24-3-60.P.6--The 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
proposing a 26-foot wide gravel surface interior roadway. The proposal
meets County requirements and was approved at the Change of Zone
phase. Weld County School District RE-4 has required that the entryway be
stabilized with recycled asphalt or pavement. The applicant is being required
to redesign the entryway to meet the requirements of the School District and
Weld County 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 applicant is being required to submitted an Agreement for
Improvements for County Roads. The agreement must be reviewed by the
Weld County Department of Public Works and accepted by the Board of
County Commissioners prior to recording the final plat.
h. Section 24-3-60.P.8—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 Conditions of Approval require the Covenants to be
amended to include a plan to maintain roadways within the Minor
Subdivision,especially during inclement weather conditions for emergency
vehicles as recommended by the Weld County Sheriff's Office.
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Section 24-3-60.P.9 --The Minor Subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated townsite. At the
time of submittal no developments were adjacent to this site. The property
adjacent to the west is currently being reviewed for a Planned Unit
Development Change of Zone. At this time the Change of Zone has not been
heard by the Board of County Commissioners.
j. Section 24-3-60.P.10--There will be no on-street parking permitted within
the Minor Subdivision.
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.
m. Section 24-3-60.P.13 — Facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works
has included conditions that must be completed prior to recording the final
plat. The completion of the Conditions should ensure that drainage
requirements have been met.
n. Section 24-3-60.P.14 — The maximum number of lots within the Minor
Subdivision will not exceed nine (9) 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. The Weld County
Sheriff's Office indicated,in a referral dated August 18,2005,that it lacks the
ability to absorb any additional service demand without the resources
recommended in the multi-year plan provided to the Board of County
Commissioners, or as indicated by growth not considered at the time the
plan was developed. No other entities indicated concerns in servicing the
site.
p. Section 24-3-60.S—The Minor Subdivision will not have an undue adverse
effect on wildlife and its habitat, the preservation of agricultural land, and
historical sites. The Division of Wildlife indicated no conflicts with the
proposal, in the referral response dated August 21, 2005.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Charles Meserlian for a Site Specific Development Plan
and Minor Subdivision Final Plan, MF #1039, for nine (9) residential lots 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:
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A. All sheets of the plat shall be labeled "Prairie Hollow Estates Minor
Subdivision - MF-1039".
B. The applicant shall submit a recorded deed which transfers the mineral
interest associated with the property to the Prairie Hollow Homeowners'
Association.
C. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
D. The applicant shall resubmit, to the Weld County Department of Planning
Services, an On-Site Improvements Agreement According to Policy
Regarding Collateral for Improvements(Private Road Maintenance),which
includes an itemized account of"Exhibit A"for review and approval by Weld
County staff.
E. The applicant shall submit an original, appropriately signed and dated,
Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance), including the form of collateral,
to be reviewed and approved by the Board of County Commissioners. The
security for the agreement shall be tendered and accepted by the Board of
County Commissioners.
F. The applicant shall submit the original, appropriately signed and dated,
Agreement for Improvements for County Roads, including the form of
collateral, to be reviewed and approved by the Board of County
Commissioners. The security for the agreement shall be tendered and
accepted by the Board of County Commissioners.
G. The Covenants shall be corrected and resubmitted,for review and approval,
by the Weld County Departments of Planning Services and Public Health and
Environment and the Weld County Attorney's Office. The Covenants shall
be amended to include the appropriate information, including subdivision
name,street name,architectural control committee,lot irrigation information,
signature blocks, and all conditions indicated on Checklist for Review of
Covenants submitted bythe County Attorney's Office. The Covenants shall
also state that activities such as landscaping (i.e. planting of trees and
shrubs)and construction(i.e.auxiliary structures,dirt mounds,etcetera)are
expressly prohibited in the designated absorption field site. The Covenants
shall include a plan to maintain roadways within the Minor Subdivision,
especially during inclement weather conditions for emergency vehicles as
recommended by the Weld County Sheriffs Office.
H. Upon approval, finalized Covenants, and the appropriate recording fee
(currently $6 for the first page and $5 for each additional page), shall be
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submitted to the Weld County Department of Planning Services for
recording.
The applicant shall provide the Department of Planning Services with
Certificates from the Secretary of State showing the Homeowners'
Association has been formed and registered with the State.
J. The applicant shall submit evidence from the Weld County Department of
Public Works indicating that they have met all Department conditions as
follows:
1) Intersection sight distance triangles at development entrances shall
be shown on the resubmitted final plat to comply with AASHTO's
"A Policy on Geometric Design Highways and Streets". The plans
submitted to the Department of Public Works do not include sight
distance triangles. Re-submitted final plat drawings and roadway/
construction and grading plan drawings shall be stamped, signed,
and dated. Construction details must be included.
2) Weld County Roads 21 and 84 are classified by the County as local
roads and each require a 60-foot rights-of-way. The rights-of-way
are not dimensioned and labeled on the final plat. Each 30-foot
right-of-way shall be dimensioned and labeled on the final plat by the
surveyor.
3) The Final Drainage Reportfor Prairie Hollow Estates,dated April 20,
2005, by Team Engineering, Inc., is generally acceptable with the
following exceptions:
a) The Final Drainage Report shall include a Flood Hazard
Review documenting any FEMA defined floodways. The
engineer shall reference the specific map panel number,
including date. The development site shall be located on the
copy of the FEMA map.
b) The Overall Grading and Drainage Plan shall label the ponds
on the plans,and they must correspond to the Final Drainage
Report. The pond elevations appear to be incorrect. The
sub-basin areas do not correspond to the report calculations.
c) Elevations of the detention ponds(especially berm)shown on
the Final Drainage Report do not appear to correspond with
elevations shown on the overall grading and drainage plan.
Re-submitted materials shall address the discrepancy.
d) Stormwater/drainage facility details must be provided in the
construction plans for the proposed headwall with orifice
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plate. Additional information must be provided for the Type C
inlet construction.
e) All culverts shall be labeled(called-out to include lengths and
size,including flared end sections)on the construction plans.
f) Design compliance with the 100-year storm event has been
shown;however no design calculations relating to the 5-year
storm event have been located within the Final Drainage
Report.
g) The Final Drainage Report(sealed by the engineer of record)
shall be resubmitted to the Department of Public Works for
review and acceptance.
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 which indicates that the cash-in-lieu of land dedication fee has been
paid.
L. Weld County School District RE-4 has required that the entryway be
stabilized with recycled asphalt or pavement. The applicant shall submit
written evidence to the Department of Planning Services that the entryway
meets the requirements of the School District and Weld County Department
of Public Works.
M. The plat shall be amended to delineate the following:
1) The plat indicates that an easement for Western Slope Gas was
recorded in Book 640. The title policy for the site states that it was
recorded in Book 648. The applicant shall verify the information and
the correct recording information shall be delineated on the plat.
2) The plat shall include the appropriate signature blocks as delineated
in Appendix 24-B of the Weld County Code.
3) The landscape median at the entrance to the Minor Subdivision shall
be shown as an outlot which shall be owned and maintained by the
Homeowners' Association. A deed transferring ownership of the
outlot,along with the appropriate recording fee(currently$6 for the
first page and$5 for all others),shall be submitted with the final plat
for recording by the Department of Planning Services.
N. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
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1) The final plat allows for E (Estate) Zone uses, which shall comply
with the 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.
2) Water service shall be obtained from the North Weld County Water
District.
3) 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,
including, but not limited to: maximum seasonal high groundwater,
poor soils, and shallow bedrock.
4) All septic system envelopes must be located a minimum of 100 feet
from all irrigation ditches, wells, and/or ponds, and 25 feet from a
detention pond.
5) Activities such as landscaping(i.e.planting of trees and shrubs)and
construction (i.e. auxiliary structures, dirt mounds, etcetera) are
expressly prohibited in the designated absorption field site.
6) If required,the applicant shall obtain a Stormwater Discharge Permit
from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the
construction phase of the project.
7) 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.
8) 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 which are technologically feasible and economically
reasonable in order to minimize dust emissions.
9) 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.
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10) Construction on, or around, any ditch, which conveys water to
surrounding properties,shall be done so that the delivery of water is
not impaired.
11) All landscaping within the sight distance triangles must be less than
3.5 feet in height at maturity.
12) There will be no on-street parking permitted within Prairie Hollow
Estates.
13) Lots may not accommodate full-depth basements due to
groundwater levels.
14) The emergency access shall remain gated. Only in emergencies
shall it be utilized.
15) "Weld County's Right to Farm", as stated on this plat, shall be
recognized at all times.
16) All signs on the site shall maintain compliance with Section 23-4-80
of the Weld County Code.
17) The site shall maintain compliance, at all times, with the
requirements of the Weld County Government.
18) Weld County 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.
19) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
20) A Homeowners'Association shall be established prior to the sale of
any lot. Membership in the Association is mandatoryforeach 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 the Covenants.
21) A building permit shall be obtained prior to the construction of any
building,except those exempted bythe Weld County Building Code.
22) A plan review is required for each building for which a building permit
is required. Plans shall include a floor plan, and may be required to
bear the wet stamp of a Colorado registered engineer.
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23) Buildings shall conform to the requirements of the various codes
adopted at the time of permit application.
24) 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.
25) 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.
26) Building height shall be measured in accordance with the adopted
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 Chapter23
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.
27) 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.
28) 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.
29) The Weld County Sheriffs Office will have limited traffic enforcement
powers on roadways within subdivisions which are not maintained or
adopted by the County.
30) Oil and gas facilities within the propertywill be fenced to mitigate the
potential for tampering.
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.eoo. The preferred format
for Images is .tif(Group 4) ... (Group 6 is not acceptable).
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2. Prior to issuance of building permits:
A. The applicant shall provide an electronic or CADD drawing meeting
Windsor-Severance Fire Protection District requirements,as indicated in the
referral response dated August 31, 2005.
3. 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
the Board of County Commissioners Resolution was signed. The applicant shall be
responsible for paying the recording fee.
4. 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.
5. No development activity shall commence on the property, nor shall any building
permits be issued, 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 1st day of March, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
I 1- 4 \WELD CO TY, COLORADO
ATTEST: at, /! ( ,=� ra �.!� /-1.
— . J. Geile, Chair
Weld County Clerk to the ♦r
XCUSED
David E. Long, Pro-Tem
BY: dpi E°` �� f1.2G2 �uva.�I
D uty CI to the Boa kG i---`
Wi m Jerke P n
APPR AS TO FOR • \W
Robert D. Masden
n At orney /� EXCUSED
Glenn Vaad
Date of signature: 31%7 let,-,
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