HomeMy WebLinkAbout20022129.tiff RESOLUTION
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN FOR FOUR (4) LOT
MINOR SUBDIVISION, MF #1006, BLUE SKY ESTATES - GUY JENSEN
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 28th day
of August, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Guy Jensen, 6707 Weld County Road 23, Fort Lupton, Colorado
80621, c/o Kirk Goble, The Bell 5 Land Company, 1928 9th Street, Suite A, Greeley, Colorado
80631, for a Site Specific Development Plan and Final Plan for a four (4) lot Minor Subdivision,
MF #1006, for Blue Sky Estates on the following described real estate, to-wit:
Lot B of Recorded Exemption #2303; being part of
the E1/2 of Section 35, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Kirk Goble, The Bell 5 Land Company,
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 -- The applicant has shown compliance with the
Weld County Code throughout the Final Plat application process. The
overall design of the proposed development adheres to Minor Subdivision
and the E (Estate) Zone District requirements. The City of Fort Lupton
and the Town of Frederick indicated no concerns with this subdivision.
b. Section 24-3-60.P.2 -- The site is designated as "Prime" by the Important
Farmlands of Weld County Map, dated 1979. However, twenty (20)
acres is not considered to be a sufficient size to farm economically.
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MINOR SUBDIVISION FINAL PLAN, MF #1006 - GUY JENSEN, BLUE SKY ESTATES
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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
applicant has purchased and installed three (3) water taps from the
Central Weld County Water District. There is a home located on Lot 1,
which is currently served by the Central Weld County Water District.
d. Section 24-3-60.P.4 -- Individual Sewage Disposal Systems are proposed
for each lot and will be installed according the Weld County Department
of Public Health and Environment Individual Sewage Disposal System
(I.S.D.S.) Regulations.
e. Section 24-3-60.P.5 -- The Colorado Geologic Survey indicated during
the Sketch Plan phase that no geology related problems appear to be
associated with this proposal.
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. Approval of the proposed
roadway plans is required prior to recording the final plat. The applicant is
required to submit an Improvements Agreement According to Policy
Regarding Collateral for Improvements (Private Road Maintenance). A
finalized Improvements Agreement will be required prior to recording the
plat.
g. Section 24-3-60.P.7 -- There are no off-site improvements required.
h. Section 24-3-60.P.8 -- The Homeowners' Association will be required to
maintain the road. The applicant is required to submit Covenants which
stipulate the Homeowners' Association is responsible for maintenance of
Blue Sky Drive.
Section 24-3-60.P.9 -- This 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
Blue Sky Estates Subdivision which is indicated on the final plat.
k. Section 24-3-60.P.11 -- No additional access to a county, state or federal
highway will be created. The house which is located on Lot 1 has an
existing access to Weld County Road 23, which will be removed, and all
lots will access Weld County Road 23 via Blue Sky Drive.
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. All lots access
onto Blue Sky Drive.
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m. Section 24-3-60.P.13 -A Stormwater Drainage Report was accepted by
the Weld County Department of Public Works at the Change of Zone
phase. A Final Drainage Report will be approved by the Weld County
Department of Public Works prior to recording the final plat.
n. Section 24-3-60.P.14—The maximum number of lots within the minor
subdivision will not exceed nine (9) lots. The proposal is for four (4) 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
Department of Planning Services received no referral responses from
local governments or primary service providers which reflect an inability
to provide the necessary services.
p. Section 24-3-60.P.16 —The Minor 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 indicated no
conflicts with its interests in a referral response, dated November 29,
2001.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Guy Jensen, for a Final Plan for a four (4) lot
Minor Subdivision, MF #1006, for Blue Sky Estates, 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, including the form of collateral. The applicant shall
submit a 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.
B. The Restrictive Covenants for Blue Sky Estates shall be approved by the
Weld County Attorney's Office and be ready for recording in the office of
the Weld County Clerk and Recorder.
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 submit an digital file of all drawings associated with
the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and
.dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
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E. All items identified in the referrals from the Department of Public Works,
dated June 27, 2002, and July 16, 2002, shall be addressed. Evidence
of such shall be submitted to the Department of Planning Services.
F. The Plat shall be amended to include:
1) All easements as requested by the Utility Board at the May 23,
2002, hearing.
2) Indicate all irrigation ditches and appropriate easements.
3) The existing access to Lot 1 shall be deleted.
4) Add Reception Number and a plat note which references the
recorded agreement with mineral rights owners.
5) All pages of the plat shall be labeled MF-1006.
6) Certificates and Seals as indicated by Appendix 24-B of the Weld
County Code.
7) Sight distance triangles shall be indicated on the plat.
2. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
A. All plat notes from the approved Change of Zone plat shall be included on
the Final Plat.
B. The site shall be developed in accordance with the recommendations
contained in the Geotechnical Report.
C. Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
D. The site shall maintain compliance with the Fort Lupton Fire Protection
District at all times.
E. Signs shall adhere to Section 23-4-80 of the Weld County Code.
F. A Homeowners' Association shall be established prior to the sale of any
lot. Membership in the Association is mandatory for each parcel owner.
The Association is responsible for streets, private utilities and other
facilities.
G. All landscaping within the intersection sight distance triangles shall be
less that 3.5 feet in height at maturity.
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H. Items 1 through 6, as stated in the referral response received June 20,
2002, from the Weld County Department of Public Health and
Environment shall be noted on the plat.
3. Prior to the release of any building permits:
A. The applicant shall supply a designated street sign and Stop sign at the
appropriate location.
B. The applicant shall supply evidence to the Department of Planning
Services that all requirements of the Fort Lupton Fire District have been
addressed.
4. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies by
Weld County Departments of Planning Services and Public Works, the applicant
shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of Section 24-3-50 of the
Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
�,.._ WELD COUNTY, COLORADO
ATTEST: J4 ! ��">L 'a EXCU ED DATE OF SIGNING AYE
Glen V ad, Chair
Weld County Clerk to t ��,:_� 5�Ote41,2 ,
+w David . Long, Pro-Tem
Deputy Clerk to the Bo�'� I EXCUSED
M. J. Geile,, //
11FL- T_
ED - Y/'S
• am H. Jerke
L' _
Robert D. Masd n
Date of signature: g/r
2002-2129
PL 1580
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