HomeMy WebLinkAbout20061428.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Mike Miller that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MF-1069
APPLICANT: David & Susanne Schwind
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plat for four (4) residential lots, The
Highlands, with Estate Zoning.
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 Department of Planning Services' Staff 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 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 Town of Berthoud,the Town of
Johnston,the Town of Mead and Boulder County. The Towns of Berthoud and Johnstown in
their referrals dated February 17, 2006 reviewed the proposed development and found to
have 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.
The Town requests the applicant petition to the Town for annexation. The proposed
subdivision is outside of the Urban Growth Boundary area for the Town and is not within an
Intergovernmental Agreement Area, therefore the applicant is not required to prepare
annexation documents to the Town.
B. Section 24-3-60.1.2-- Provisions have been made to preserve prime agricultural land. The
site is designated"Prime"by the USDA"Farmlands of National Importance Map"dated 1979.
The site is currently not in agricultural production.
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 existing home on proposed Lot 2 has an existing
water tap with Little Thompson Water District.The applicant has a Water Service Agreement
with Little Thompson Water District for the remaining three(3)lots. The agreement has been
approved by the Weld County Attorney's Office.
D. Section 24-3-60.1.4 -- 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. In a referral response received March 14,
2006, the Weld County Department of Public Health and Environment has reviewed this ate^
proposal and has indicated the applicant has satisfied Chapter 24 of the Weld County Code
in regard to water and sewer service. Sewer will be provided by Individual Sewage Disposal F' 9
Systems(ISDS)and the overall density meets the current Department policy with one septic m O
system per 3.44 acres, down from 3.7 at the Change of Zone application. No percolation =(�
data was submitted in the application materials but due to the existing septic systems x
percolation data the Department of Public Health and Environment request that the applicant it
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 TN'. +emaea
field envelope shall be placed in the development covenants. The covenants should state '✓ilmo
2006-1428
Resolutions MF-1069
David & Susanne Schwind
Page 2
that activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e.
auxiliary structures, dirt mounds,etc.)activities are expressively prohibited in the designated
absorption field envelopes.
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. All concerns indicated by the Colorado Geological Survey referral dated
August 27, 2004 have been addressed.
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. The applicant is 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 their referral
dated February 28, 2006 states that the final roadway/construction/grading plan and final
drainage report shall be amended and resubmitted to the Department of Public Works.
G. Section 24-3-60.1.7 -- 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 not
required to submit an Agreement for Improvements to County Road 5 and County Road 38
for Road Stabilization and Dust Control. Public Works has taken County Road 5 off the
County Financed Fugitive Dust Control Treatment Program. The proposed additional traffic
generated from this proposal will not exceed the 200 vehicles per day threshold mandated for
dust mitigation for County Road 38.
H. Section 24-3-60.1.8-- That 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 24-3-60.1.9 -- The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite.
J. Section 24-3-60.1.10 -- That 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 24-3-60.1.11 -- 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 gravel road circulation system (Highlands Court). Condition of approval is 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 24-3-60.1.13— That facilities providing drainage and stormwater management are
adequate. The Weld County Department of Public Works in their referral dated February 28,
2006 state that the final drainage plan drawings submitted by the applicant 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.
N. Section 24-3-60.1.14—That the maximum number of lots within the minor subdivision will not
exceed nine (9) lots. The applicant is requesting four(4) lots.
Resolutions MF-1069
David &Susanne Schwind
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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. No comments were received from the post office. The St. Vrain Valley School
District in their referral dated March 14,2006 is not in support of the applicant due the bench
mark of 125%capacity will be exceeded within 5 years. The School District is requesting that
a cash in-lieu be paid per lot. The School District is not requesting a bus shelter at this time.
Should the applicant wish to incorporate a bus structure and mailbox pedestal they shall be
located on land owned and maintained by the Home Owners Association and delineated on
the plat.
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 Colorado Division
of Wildlife in their referral dated March 15,2006 indicating that the proposal does not conflict
with their interests.
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 Board of County Commissioner's recommendation for approval is conditional upon the following:
1) Prior to Recording the Minor Subdivision Final Plat:
A. All sheets of the plat shall be labeled MF-1069. (Department of Planning Services)
B. The applicant has 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. The applicant must verify the
unit cost for the 15 inch diameter RCP with a bid submitted to Public Works. This agreement
shall be approved by the Board of County Commissioners prior to recording the final plat.
(Departments of Public Works and Planning Services)
C. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the
Restrictive Covenants and Home Owners 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 Convents 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, structures, dirt mounts 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 ACC to grant variances from the covenant provisions.
There should be a statement that the ACC can not grant variances from the Plat
Notes. (Departments of Planning Services and Public Health and Environment)
D. Finalized Restrictive Covenants and Articles of Incorporation along with the appropriate
recording fee(currently$6 for the first page and$5 for subsequent pages)shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall submit Certificates from the Secretary of State demonstrating that"The
Highlands Homeowners Association" has been formed and registered with the State.
(Department of Planning Services)
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David &Susanne Schwind
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F. The applicant shall submit copies of a finalized water agreement with Little Thompson Water
District. (Department of Planning Services)
G. Utility easements shall be delineated on the plat as outlined by the Utility Board and per
Section 24-7-60 of the Weld County Code. (Utility Board and Department of Planning
Services)
H. The location of the subdivision sign shall be located on property owned and maintained by
the Home Owners Association, meeting all setback requirements and noted on the plat, the
size of the sign shall be delineated on the plat for review and approval. The sign shall not
exceed 32 square feet per the Weld County Code Section 23-4-80.A.3. (Department of
Planning Services)
The applicant shall submit evidence that an agreement has been entered into with the RE-1J
St.Vrain Valley School District to pay the cash-n-lieu payment per lot or submit evidence that
the School District is satisfied with the applicant proposal. (Department of Planning Services)
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. (Departments of Planning Services and Public
Health and Environment)
K. The sight distance triangles at the development entrance on the plat are incorrect and shall
be corrected as per AASHTO guidelines and shall be shown and dimensioned on the plat.
No signs or utility poles can be located within the site distance triangles(Department of Public
Works)
L. The applicant shall submit the name of the street within the proposed development along with
the street addresses for review to the Weld County Sheriff's Office, Department of Planning
Services, Postal Services and Emergency Responders. Evidence of their approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
M. The applicant shall provide the Department of Public Works with revised stamped, signed,
and dated final plat drawing and roadway/construction &grading plan drawings for review.
Three additional sets of the final roadway,drainage, 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. (Department of Public Works)
N. The applicant shall provide the Department of Public Works with revised stamped, signed,
and dated final drainage construction and erosion control plans 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. (Department of Public Works)
O. The applicant shall provide the Department of Planning Services with written evidence that
the Berthoud Fire Protection District concerns have been addressed in regards to a fire
hydrant. (Department of Planning Services)
P. The applicant 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. (Department of Planning Services)
Q. The applicant 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
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David & Susanne Schwind
Page 5
shall be located on property owned and maintained by the Home Owners Association,
meeting all setback requirements and noted on the plat. (Department of Planning Services)
R. The Ish Ditch shall be delineated on the plat with all the required setbacks and easements.
(Department of Planning Services)
S. The applicant shall attempt to address the requirements(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. (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.
(Departments of Planning Services and Public Health and Environment)
U. The improvements on Lot 2 must be delineated on the plat, including the approximate
location of the existing septic system (Departments of Planning Services and Public Health
and Environment)
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.
(Departments of Planning Service and Public Works)
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. (Department of
Planning Services)
2) Water service shall be provided by Little Thompson Water District. (Department of
Public Health and Environment)
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. (Department of
Public Health and Environment)
4) A stormwater discharge permit may be required for a development/redevelopment/
construction site where a contiguous or non-contiguous land disturbance is greater
than or equal to one acre in area. Contact the Water Quality Control Division of the
Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
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 Health Department, a fugitive dust control plan
must be submitted. (Department of Public Health and Environment)
6) 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 that are technologically feasible and economically
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David & Susanne Schwind
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reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
7) 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 fora permit from the
Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
8) Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
9) 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 Utility Advisory
Committee. (Utility Advisory Committee)
10) Effective January 1, 2003, Building Permits issued on the lot will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-
11) (Department of Planning Services)
11) 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)
12) The site shall maintain compliance at all times with the requirements of the Weld
County Government. (Department of Planning Services)
13) 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. (Department of Planning Services)
14) 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 covenants. (Department of
Planning Services)
15) All landscaping within the site distance triangles must be less than 3%feet in height
at maturity. (Department of Public Works)
16) Stop signs and street name signs will be required at all intersections.(Department of
Planning Services)
17) A permit may be required from the Weld County's Public Works Right-of-Way agent
for each utility. (Department of Public Works)
18) A plan review is required for each building. Two complete sets of plans are required
when applying for each permit. (Building Inspection)
19) Buildings shall conform to the requirements of the various codes adopted at the time
of permit application. Current the following has 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. (Building Inspection)
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David &Susanne Schwind
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20) 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 by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado
registered engineer. (Building Inspection)
21) 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. 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.
(Building Inspection)
22) 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. (Building Inspection)
23) 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)
24) 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. (Department of Planning Services)
25) 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.(Department of Planning Services)
26) Outdoor storage shall be screened from public rights-of-way, and adjacent
properties. (Department of Planning Services)
27) 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. (Departments of Planning Service and Public Works)
28) Construction on site shall follow the suggestions made in the Engineering Geology
Report,prepared by Edward Paas dated July 19,2004 and the Colorado Geological
Survey dated August 27, 2004. (Colorado Geological Survey)
29) There will be no on-street parking permitted within The Highlands minor subdivision.
(Department of Planning Services)
30) Prior to the issuance of building permits, the applicant 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.
(Department of Planning Services)
Q. The applicant shall submit two (2) paper copies of the amended final plat for review and
approval. Upon approval of the paper copies the applicant shall submit a Mylar plat and a
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David &Susanne Schwind
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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 Department of Planning Services'Staff.The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date
of the Board of County Commissioners approval. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services) (Department of Planning
Services)
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Doug Ochsner
Chad Auer
James Welch
Tom Holton
Erich Ehrlich
r- Roy Spitzer
Paul Branham
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 April 18, 2006..
Dated the 18th of April, 2006.
Donita May
Secretary
4- lk-.atc(c
applicant's attorney confirmed that he did.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
3. CASE NUMBER: MF-1069
APPLICANT: David &Susanne Schwind
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plat for four(4) residential lots, The
Highlands, with Estate Zoning.
The Chair asked if the applicants were present and if they wished to remain on the consent agenda. The
applicant's confirmed that they did.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mike Miller moved that Cases USR-1548,AmUSR-1476 and MF-1069, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Erich Ehrlich, yes; Tom Holton, yes; Chad Auer, yes; Doug Ochsner, yes;
Paul Branham, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
A short recess was called due to technical difficulties with technical equipment. Meeting reconvened at 1:50
p.m.
Specific time for public input has been set aside for discussion on the following items:
4. CASE NUMBER: PZ-1082
APPLICANT: Kiteley Farms, LLLP
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-843; Pt NW4 of Section 27, T3N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agriculture)to PUD (Planned Unit
Development)for 429 residential lots, open space and continuing
oil and gas production (Kiteley Ranch at Foster Lake)
LOCATION: South of and adjacent to Highway 66 and east of and adjacent to
CR 7.
Sheri Lockman,Department of Planning Services. This case was continued from the March 7,2006 Planning
Commission hearing date at the request of the applicant with the support of planning staff to allow the
applicant additional time to address concerns raised by referral agencies
Kiteley Farms, LLLP do Jerry Eckelberger, Longs Peak Investors, LLC have applied for a Change of Zone
from Agricultural to PUD for 429 residential lots, open space and continuing oil and gas production.
The signs announcing the Planning Commission hearing were posted March 31,2006 by Planning Staff and
are evidenced by photograph and affidavit.
The proposed Kiteley Ranch at Foster Lake PUD is located south of and adjacent to State Highway 66 and
east of and adjacent to County Road 7. The Town of Mead has annexed properties to the east, west and
north. Liberty Ranch is to the west and Mead Crossing is planned to the east. Liberty Ranch is presently
under construction.
2. EXHIBIT
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