HomeMy WebLinkAbout20060366.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MF-1039
APPLICANT: Charles Messerlian
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Pt N2 of section 10, T7N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plan for 9 (nine) residential lots (Prairie Hollow
Estates).
LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 21.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the application has shown compliance with Section
24-3-60.1 of the Weld County Code as follows:
A. Section 24-3-60.1.1 -- 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 is not influenced by an Inter-Governmental Agreement. The Town of
Severance lies within the three mile referral area. The Town did not respond to referral
requests.
B. Section 24-3-60.1.2 --That provisions have been made to preserve prime agricultural land.
The subject property is categorized as"Prime" and"Irrigated Land not Prime" by the USDA
"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 24-3-60.1.3 — That 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 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 that the applicant has met all Fire District concerns.
D. Section 24-3-60.1.4 -- 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.
Individual sewage disposal systems will handle the effluent flow.
E. Section 24-3-60.1.5 -- That 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 Building Inspection Department is requiring each building permit to includ
an engineered foundation based on a site-specific geotechnical report or an open hol t O
inspection performed by a Colorado registered engineer. Further,a note on the plat will notif 03
future property owners that lots may not accommodate full-depth basements due to
groundwater levels. ti
2006-0366
A�+aiA
Resolution MF-1039
Charles Messerlian
Page 2
F. Section 24-3-60.1.6 -- That 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 26 foot wide gravel surface interior roadway. The proposal
meets county requirements and was approved at the Change of Zone phase.School District
RE4 has required that the entryway be stabilized with recycled asphalt or pavement. The
applicant is being required to redesign the entryway to meet both the School District and
Weld County Public Works Requirements.
G. Section 24-3-60.1.7 -- That 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 24-3-60.1.8—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.
Conditions of approval require the covenants to be amended to include a plan to maintain
roadways within the subdivision especially during inclement weather conditions for
emergency vehicles as recommended by the Weld County Sheriff's Office.
I. Section 24-3-60.1.9 -- The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite.At 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
before the Board of County Commissioners.
J. Section 24-3-60.1.10 -- There will be no on-street parking permitted within the minor
subdivision.
K. Section 24-3-60.1.11 -- No additional access to a county, state or federal highway will be
created.
L. Section 24-3-60.1.12—The ingress and egress to all lots within the minor subdivision will be
to an internal road circulation system.
M. Section 24-3-60.1.13 —That 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 24-3-60.1.14—That the maximum number of lots within the minor subdivision will not
exceed nine (9) lots.
O. Section 24-3-60.1.15—That 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 Sheriffs Office indicated in a referral dated August 18,2005 that they lack
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.
Resolution MF-1039
Charles Messerlian
Page 3
P. Section 24-3-60.1.16—That the 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 on conflicts with the proposal in the referral response dated
August 21, 2005
This recommendation is based,in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral agencies.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing.
A. OG.Policy 1.1 of the Weld Comprehensive Plan states "new planned unit developments or
subdivisions should be planned to take into account current and future oil and gas drilling
activity to the extent oil and gas development can reasonably be anticipated."The applicant
shall either submit to the Weld County Department of Planning Services a copy of an
agreement with the properties mineral owners and lessees stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or indicate the 400'
x 400' and the 800' x 800' drilling envelope locations per state statute. (Department of
Planning Services)
B. The applicant shall provide additional information regarding well permits #257093 and
#258025 to the Colorado Division of Water Resources. Evidence shall be submitted to the
Department of Planning Services indicating that all Division of Water Resources concerns
have been addressed. (Division of Water Resources)
2. Prior to Recording the Minor Subdivision Final Plat:
A. All sheets of the plat shall be labeled"Prairie Hollow Estates Minor Subdivision - MF-1039"
(Department of Planning Services)
B. 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. (Department of Planning Services)
C. 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. (Departments of Public Works and Planning Services)
D. The Board of County Commissioners shall review and approve the Improvements Agreement
According to Policy Regarding Collateral for Improvements (Private Road Maintenance)
including the form of collateral. The applicant shall submit the original, appropriately signed
and dated copy of this document prior to Board approval. The security for the agreement
shall be tendered and accepted by the Board of County Commissioners. (Departments of
Public Works and Planning Services)
E. The Board of County Commissioners shall review and approve the Agreement for
Improvements for County Roads including the form of collateral. The applicant shall submit
the original, appropriately signed and dated copy of this document prior to Board approval.
The security for the agreement shall be tendered and accepted by the Board of County
Commissioners. (Departments of Public Works and Planning Services)
F. 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
Resolution MF-1039
Charles Messerlian
Page 4
irrigation information, signature blocks and all conditions indicated on Checklist for Review
of Covenants submitted by the 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,etc.)are expressly prohibited in the designated absorption
field site. The covenants shall include a plan to maintain roadways within the subdivision
especially during inclement weather conditions for emergency vehicles as recommended by
the Weld County Sheriff's Office. (Department of Planning Services, Department of Public
Health and Environment, Sheriff's Office, County Attorney's Office)
F. Upon approval, finalized covenants and the appropriate recording fee (currently$6 for the
first page and $5 for each additional page) shall be submitted to the Weld County
Department of Planning Services for recording. (Department of Planning Services)
G. The applicant shall submit to the Department of Planning Services Certificates from the
Secretary of State showing the Home Owners Association has been formed and registered
with the State. (Department of Planning Services)
H. 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 Public Works do not include sight
distance triangles. Re-submitted final plat drawings and roadway/ construction &
grading plan drawings shall be stamped, signed and dated. Construction details
must be included. (Department of Public Works)
2) County Road 21 and County Road 84 are classified by the County as local roads and
require 60-foot rights-of-way.The rights-of-way are not dimensioned and labeled on
the final plat.The 30-foot rights-of-way shall be shown dimensioned and labeled on
the final plat by the surveyor. (Department of Public Works)
3) The Final Drainage Report for 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&Drainage Plan shall label the ponds on the plans and
these 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 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.
Resolution MF-1039
Charles Messerlian
Page 5
g) The final drainage report (sealed by the engineer of record) shall be
resubmitted to Public Works for review and acceptance. (Department of
Public Works)
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. (Department of Planning Services)
J. 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 both the School District and Weld County Public
Works Requirements. (Weld County School District RE-4)
K. The plat shall be amended to delineate the following:
1) The plat indicates that a 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. (Department of Planning Services)
2) The plat shall include the appropriate signature blocks as delineated in Appendix 24-
B of the Weld County Code. (Department of Planning Services)
3) The landscape median at the entrance to the 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. (Department of Planning
Services)
L. 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 Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor
Subdivision shall consist of nine (9) residential lots. (Department of Planning
Services)
2) Water service shall be obtained from North Weld County Water District.(Department
of Public Health and Environment)
3) A Weld County septic permit is required for each proposed septic system, which
shall be installed in according to the Weld County individual sewage disposal system
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. (Department of Public Health and Environment)
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. (Department of
Public Health and Environment)
5) Activities such as landscaping (i.e. planting of trees and shrubs) and construction
(i.e.auxiliary structures,dirt mounds,etc.)are expressly prohibited in the designated
absorption field site. (Department of Public Health and Environment)
6) If required,the applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and the
Environment. Silt fences shall be maintained on the down gradient portion of the site
during all parts of the construction phase of the project. (Department of Public
Health and Environment)
Resolution MF-1039
Charles Messerlian
Page 6
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 Health Department, a fugitive dust control plan
must be submitted. (Department of Public Health and Environment)
8) In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods which are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
9) If land development creates more than a 25-acre contiguous disturbance, or
exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
control plan,submit an air pollution emissions notice,and apply for a permit from the
Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
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. (Department of Planning
Services)
11) All landscaping within the sight distance triangles must be less than 3'/z feet in height
at maturity. (Department of Planning Services)
12) There will be no on-street parking permitted within Prairie Hollow Estates.
(Department of Planning Services)
13) Lots may not accommodate full-depth basements due to groundwater levels.
(Department of Public Works)
14) The emergency access shall remain gated. Only in emergencies shall it be utilized.
(Department of Planning Services)
15) "Weld County's Right to Farm", as stated on this plat, shall be recognized at all
times. (Departments of Planning Services and Public Health and Environment)
16) All signs on site shall maintain compliance with Section 23-4-80 of the Weld County
Code. (Department of Planning Services)
17) The site shall maintain compliance at all times with the requirements of the Weld
County Government. (Department of Planning Services)
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.
(Department of Planning Services)
19) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
20) A Home Owner'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 open space,streets,
private utilities and other facilities along with the enforcement of covenants.
(Department of Planning Services)
21) A building permit shall be obtained prior to the construction of any building except
those exempted by the Weld County Building Code. (Building Inspection)
Resolution MF-1039
Charles Messerlian
Page 7
22) A plan review is required for each building for which a building permit is required.
Plans shall include a floor plan. Plans may be required to bear the wet stamp of a
Colorado registered engineer. (Building Inspection)
23) Buildings shall conform to the requirements of the various codes adopted at the time
of permit application. (Building Inspection)
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. (Building Inspection)
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. (Building
Inspection)
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 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. (Building Inspection)
27) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11) (Department of Planning Services)
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. (Ordinance 2005-8 section 5-8-40)(Department
of Planning Services)
29) The Weld County Sheriff's Office will have limited traffic enforcement powers on
roadways within subdivisions which are not maintained or adopted by the County.
(Sheriff's Office)
30) Oil and gas facilities within the property will be fenced to mitigate the potential for
tampering. (Sheriff's Office)
M. 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).
(Department of Planning Services)
3. 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.
(Windsor-Severance Fire Protection District)
4. Upon completion of 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
Department of Planning Services' Staff. 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
Resolution MF-1039
Charles Messerlian
Page 8
requirements shall be submitted within thirty(30)days from the date the Administrative Review was
signed. The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
5. 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 3 month period.
(Department of Planning Services)
6. No development activity shall commence on the property,nor shall any building permits be issued on
the property until the final plan has been approved and recorded. (Department of Planning Services)
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 4, 2005.
Dated the 4'" of October, 2005.
Voneen Macklin
Secretary
IC) Li-615-
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 04, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called
to order by Chair, Bruce Fitzgerald, at 1:40 p.m.
ROLL CALL
Michael Miller
Erich Ehrlich
Roy Spitzer
James Welch Absent
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Also Present: Kim Ogle, Sheri Lockman, Chris Gathman, Brad Mueller, Monica Mika
The summary of the last regular meeting of the Weld County Planning Commission held on September 20,
2005,was approved as read.
Consent Agenda:
CASE NUMBER: PZ-1089
APPLICANT: MBM Enterprises LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-3006; part NE4 of Section 19, T6N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: PUD Change of Zone for Nine (9) Estate Lots; two Agricultural Out Lots,
one at 17.9 acres and one at 23.9 acres; and 0.16 acres of open space
(Sierra Acres PUD) in the A(Agricultural)Zone.
LOCATION: West of and adjacent to CR 27; south of and adjacent to State Hwy 392.
CASE NUMBER: AmUSR-1329
APPLICANT: Loveland Ready-Mix Concrete Inc dba Johnstown Ready-Mix
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the NE4 and part of the NW4 of Section 30, T5N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for Mineral
Resource Development Facilities, including Open Pit Mining and
Materials Processing, a Concrete Batch Plant, and the importation of
sand and gravel aggregates in the A(Agricultural)Zone.
LOCATION: South and west of the Big Thompson River and immediately southeast of
the intersection of CR 13 and CR 54.
CASE NUMBER: MF-1039
APPLICANT: Charles Messerlian
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Pt N2 of section 10, T7N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plan for 9 (nine) residential lots (Prairie Hollow
Estates).
LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 21. ^al
The Consent Agenda was approved.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy t O
Spitzer, yes; Erich Ehrlich, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes T l
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously I V T°
awgw
Hello