HomeMy WebLinkAbout20022130.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker,along with the addition to Condition of Approval 1 E,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-1006
Planner: Lauren Light
Applicant: Guy Jensen
6707 WCR 23 Fort Lupton, CO 80621
Request: Final Plat for a 4-lot Minor Subdivision - Blue Sky Estates
Legal Description: Lot B of RE-2303; Part of the E2 of Section 35, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to Weld County Road 23, north of and adjacent to
Weld County Road 14 Y%
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 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 Estate
Zone District requirements. The City of Fort Lupton and the Town of Frederick indicated
they do not have a concern with this subdivision.
b. Section 24-3-60.1.2--That provisions have been made to preserve prime agricultural land.
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.
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 applicant has purchased and installed three(3)
water taps from Central Weld County Water District. There is a home located on Lot 1
which is currently served by Central Weld County Water District.
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 are proposed for each lot and will be installed according the Weld County
Department of Public Health and Environment I.S.D.S. regulations.
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 Colorado Geologic Survey indicated during the Sketch Plan phase that
no geology related problems appear to be associated with this proposal. *.
f. Section 24-3-60.1.6--That streets within the minor subdivision are adequate in functional —
classification, width and structural capacity to meet the traffic requirements of the minor
subdivision. Approval of the proposed roadway plans is required prior to recording the final al La-
2002-2130 triTakftzto
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Resolution MF-1006
Guy Jensen
Page 2
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 24-3-60.1.7 -- 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. There are no off-site
improvements required.
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 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 24-3-60.1.9--This 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. On-street parking will not be permitted within Blue Sky Estates Subdivision
which is indicated on the final plat.
k. Section 24-3-60.1.11 --That 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 to Weld County Road 23 via Blue
Sky Drive.
I Section 24-3-60.1.12—That 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.
m. Section 24-3-60.1.13—That facilities providing drainage and stormwater management are
adequate.A Storm Water 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 Weld County Department of Public Works prior to recording the final plat.
n. Section 24-3-60.1.14—That the maximum number of lots within the minor subdivision will
not exceed nine (9)lots. The proposal is for four(4) lots.
o. Section 24-3-60.1.15—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 Department of Planning Services has not received any referral
responses from local governments or primary service providers which reflect an inability to
provide the necessary services.
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 indicated in a referral response dated November 29, 2001, that the
proposal has no conflicts 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 Department of Planning Services'Staff recommendation for approval is conditional upon the following:
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
Resolution MF-1006
Guy Jensen
Page 3
Board approval. The security for the agreement shall be tendered and accepted by the
Board of County Commissioners. (Department of Planning Services)
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 Clerk and Recorder.
(Department of Planning Services)
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. (Department of Planning Services)
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).
(Department of Planning Services)
E. All items identified in the referral from the Department of Public Works,dated June 27,2002
and July 16,2002 shall be addressed. Evidence of such shall be submitted to Department
of Planning Services. (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.
(Department of Planning Services)
2) Indicate all irrigation ditches and appropriate easements. (Department of Planning
Services, Department of Public Works)
3) The existing access to Lot 1 shall be deleted. (Department of Planning Services)
4) Add reception number and a plat note which references the recorded agreement
with mineral rights owners. (Department of Planning Services)
5) All pages of the plat shall be labeled MF-1006. (Department of Planning Services)
6) Certificates and Seals as indicated by Appendix 24-B of the Weld County Code.
(Department of Planning Services)
7) Sight distance triangles shall be indicated on the plat. (Department of Public
Works)
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.
(Department of Planning Services)
B. The site shall be developed in accordance with the recommendations contained in the
geotechnical report. (Colorado Geological Survey)
C. Outdoor storage shall be screened from public rights-of-way, and adjacent properties.
(Department of Planning Services)
D. The site shall maintain compliance with the Fort Lupton Fire Protection District at all times.
(Department of Planning Services)
E. Signs shall adhere to Section 23-4-80 of the Weld County Code. (Department of Planning
Services)
Resolution MF-1006
Guy Jensen
Page 4
F. 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
streets, private utilities and other facilities. (Department of Planning Services)
G. All landscaping within the intersection sight distance triangles shall be less that 3 Y2 feet in
height at maturity. (Department of Public Works)
H. Items 1 through 6 as stated in the referral response received 6/20/02 from 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. (Department of Planning Services)
B. The applicant shall supply evidence to the Department of Planning Services that all
requirements of the Fort Lupton Fire District have been addressed. (Department of
Planning Services)
4. Upon completion of items 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
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
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.
Motion seconded by Stephan Mokray
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Luis Llerena
Bruce Fitzgerald
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, 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 July 16, 2002.
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Dated the 16th of July, 2002.
DwtbA ;
Donita May
Secretary
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