HomeMy WebLinkAbout20020285 RESOLUTION
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN FOR FIVE (5) LOT MINOR
SUBDIVISION, S #611, SHULTZ FIRST SUBDIVISION - HARLEN SCHULTZ
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 February, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Harlen Schultz, 139 Weld County Road 46, Berthoud, Colorado
80513, for a Site Specific Development Plan and Final Plan for a five (5) lot Minor Subdivision,
S #611, for Schultz First Subdivision, on the following described real estate, to-wit:
Lot A of Recorded Exemption #2668; being part of
the SW1/4 of Section 7, Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Ken Merritt, Landmark Engineering, Ltd.,
3521 West Eisenhower Boulevard, Loveland, Colorado 80537, at said hearing, and
WHEREAS, Section 24-3-60 of the Weld County Code provides standards for review of
said 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.P of the Weld County Code as follows:
a. Section 24-3-60.P.1 —Through the Final Plat application process, the
applicant has demonstrated compliance with the Comprehensive Plan, as
well as compatibility with the surrounding area, which consists of
agricultural production and rural residences. The overall design of the
proposed development adheres to Section 23-3-440 and Chapter 24
requirements, and incorporates comments from referral agencies and
surrounding property owners.
b. Section 24-3-60.P.2 — Provisions have been made to preserve prime
agricultural land. The property is Lot A of Recorded Exemption #2668,
being a non-irrigated parcel of land presently planted in hay. Given the
32-acre parcel size, shape of the site, topographic relief and lack of
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MINOR SUBDIVISION FINAL PLAN, S #611 - HARLEN SCHULTZ
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irrigation water, the land is economically unviable for farming. The Right
to Farm statement will be placed on the final plat to alert lot owners of the
potential conflicts that may occur as a result of residing in a
predominantly agricultural area.
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
Little Thompson Water District has committed to water service for five
residential lots. The Berthoud Fire Department in its referral dated
November 9, 2001, stated that it had reviewed the request and found no
conflict with its interests.
d. Section 24-3-60.P.4 —A Weld County Septic Permit is required for each
proposed septic system and 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. Further, the applicant shall delineate an area for septic
system replacement envelopes on the plat.
e. Section 24-3-60.P.5 —All areas of the Minor Subdivision, which may
involve soil or topographical conditions presenting hazards or requiring
special precautions, have been identified by the subdivider and the
proposed uses of these areas are compatible with such conditions. Due
to the seasonal high groundwater, shallow bedrock and poor soils,
primary and secondary septic system envelopes shall be designated on
each lot. Each envelope must meet minimum current setbacks as
specified in the Weld County I.S.D.S. Regulations. Further, language for
the preservation and/or protection of the second absorption field
envelope shall be placed in the development Covenants. The Covenants
should state that activities such as landscaping (i.e. planting of trees and
shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) are
expressly prohibited in the designated absorption field site.
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. The applicant's
representative has submitted road plans for Schultz Lane that are
acceptable to the Department of Public Works. Weld County will not
accept an unpaved subdivision road for maintenance. Provisions for road
maintenance should be outlined in Covenants as a responsibility of the
homeowners.
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
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MINOR SUBDIVISION FINAL PLAN, S #611 - HARLEN SCHULTZ
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requirements of the Minor Subdivision. Weld and Larimer Counties have
worked closely with the applicant to develop a plan for improvements to
Weld County Road 1 that addresses impacts and provides the best
solution given the existing roadway conditions. A letter dated June 11,
2001, details the agreement between the two Counties, the applicant and
the McIntyre Ditch Company. The relocation of the McIntyre Ditch, as
outlined in the agreement, adequately addresses improvements to Weld
County Road 1. The plans submitted by the applicant's representative for
the ditch relocation are acceptable to the Department of Public Works.
The agreement calls for the McIntyre Ditch Company to approve the
construction plans. Documentation to that effect is still required.
h. Section 24-3-60.P.8 —The construction, maintenance, snow removal and
other matters pertaining to or affecting the road and rights-of-way for the
Minor Subdivision are the sole responsibility of the landowners within the
Minor Subdivision. The property owners within the subdivision shall be
responsible for the maintenance of the access road for the subdivision
labeled Schultz Lane.
Section 24-3-60.P.9 — The Minor Subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated townsite.
j. Section 24-3-60.P.10 — On-street parking will not be permitted within the
Schultz Minor Subdivision, as stated in the Conditions of Approval.
k. Section 24-3-60.P.11 — One access is proposed for this subdivision.
Section 24-3-60.P.12 — One access is proposed for this subdivision off of
Weld County Road 1 (Larimer County Road 904).
m. Section 24-3-60.P.13 — Facilities providing drainage and storm water
management are adequate. The applicant's representative has
submitted a drainage plan that is acceptable to the Department of Public
Works. The drainage plan states storm water will flow into the McIntyre
Ditch as it has historically. The acceptance of this storm water by the
McIntyre Ditch should be included in acceptance of the construction plans
as indicated above.
n. Section 24-3-60.P.14— Five Estate zoned lots are proposed for the Minor
Subdivision.
o. Section 24-3-60.P.15 — Conditions of Approval ensure that the Minor
Subdivision will allow for the provision of adequate services.
p. Section 24-3-60.S—The subdivision will not have an undue adverse
effect on wildlife and its habitat, or the preservation of agricultural land
and historical sites. In a referral response dated November 29, 2001, the
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MINOR SUBDIVISION FINAL PLAN, S #611 - HARLEN SCHULTZ
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Colorado Division of Wildlife stated no conflicts existed with its interests.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Harlen Schultz, for Minor Subdivision Final Plan,
S #611, for Schultz First Subdivision 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. 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 a signed and dated copy of this
document prior to scheduling a Board of County Commissioners hearing.
The security for the agreement shall be tendered and accepted by the
Board of County Commissioners.
B. The applicant shall delineate the additional twenty (20) feet of right-of-
way reservation on the final plat as requested.
C. The Certificate of Dedication correctly calls out dedication of rights-of-way
to the public; however, under the name Schultz Lane on the drawing,
"Private Drive" is indicated in parentheses. The reference to Private
Drive should be removed. The applicant shall delineate this information.
D. The applicant shall delineate a right-of-way width of sixty (60) feet for
Schultz Lane on the drawing.
E. The applicant shall provide curve data for the internal road as no curve
information is called out at the intersection of Schultz Lane and Weld
County Road 1. The applicant shall delineate this information.
F. The curves are numbered around the cul-de-sac but there is no curve
information table on the plat. The applicant shall delineate this
information.
G. The applicant shall amend the Minor Subdivision Final Plat to reflect the
conditions and comments from the Utility Board Review held
December 13, 2001.
2. The Final Plat shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
A. The applicant shall submit a digital file of all drawings associated with the
Final Plat 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
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MINOR SUBDIVISION FINAL PLAN, S #611 - HARLEN SCHULTZ
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format for Images is .ff (Group 4) ... (Group 6 is not acceptable).
3. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
A. The Final Plat allows for Estate uses and 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 five (5) lots.
B. Water service shall be provided by the Little Thompson Water District
and sewage disposal shall be from Individual Sewage Disposal Systems.
C. The site shall maintain compliance at all times with the requirements of
the Weld County Departments of Public Works, Public Health and
Environment, and Planning Services.
D. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
E. Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
F. Weld County's Right to Farm, as stated in Chapter 22 of the Weld
County Code, shall be recognized at all times.
G. Proper building permits shall be obtained prior to any construction or
excavation.
H. No on-street parking shall be allowed.
I. In the event that five (5) or more acres are disturbed during the
construction and development of this site, 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.
J. 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. The construction documents
for this subdivision were prepared by Project
Number and dated . These
construction drawings indicate proposed primary and secondary
envelopes for the absorption fields. These envelopes may be moveable,
provided the envelopes are of equal or greater area, and meet all
required setbacks and be documented by an Affidavit of Correction. The
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MINOR SUBDIVISION FINAL PLAN, S #611 - HARLEN SCHULTZ
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lot owner shall not place any permanent landscaping, structures, dirt
mounds or other items that would interfere with the construction,
maintenance, or function of the fields in the primary and secondary
envelope.
K. Language for the preservation and/or protection of the second absorption
field envelope shall be placed in the development Covenants. The
Covenants shall state that activities such as permanent landscaping,
structures, dirt mounds or other items are expressly prohibited in the
absorption field site.
L. The Homeowners' Association will be responsible for all maintenance of
Schultz Lane. Weld County will not accept Schultz Lane for
maintenance.
4. Prior to the release of building permits:
A. Proper building permits shall be obtained prior to any construction or
excavation.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD OUNT C LORADO
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ATTEST: /Atte
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Weld County Clerk to the w.ar.
XCUSED
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p ♦ F! A (avid E. Lo g, Pro-Tem
BY: Y4. flp I
Deputy Clerk to the Boar.
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AQPRO D AST • t , 4,7`�+��
Iliam H. Jerke
my Attorne
obert D. Miden
Date of signature:
7
2002-0285
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