HomeMy WebLinkAbout20052733 RESOLUTION
RE: APPROVE MINOR SUBDIVISION FINAL PLAN,MF#1060,FOR NINE(9)RESIDENTIAL
LOTS WITH E (ESTATE) ZONE USES - GARY AND JUDY HARKLESS
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 14th day of
September,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Gary and Judy Harkless,33439 Weld County Road 37, Eaton,Colorado 80615,
for a Site Specific Development Plan and Minor Subdivision Final Plan, MF #1060, for nine (9)
residential lots with E (Estate)Zone uses on the following described real estate, to-wit:
Lot B of Recorded Exemption#2641;being part of the
SE1/4 of Section 13, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, Sean Phipps, Pickett Engineering, Inc., 808 8th Street, Greeley, Colorado
80631, represented said applicant, and
WHEREAS,Section 24-3-50 of the Weld County Code provides standards for review of said
Minor Subdivision 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 of the Weld County Code, including specifically:
a. Section 24-3-60.P.1 -- The proposal is in compliance with Chapters 23
and 24 of the Weld County Code, and the Zone District in which the
proposed use is located. The proposed site is not influenced by an
Intergovernmental Agreement or Urban Growth Boundary. The City of
Greeley lies within the three-mile referral area, and in a referral response
dated July 19,2005,the City indicated it had no conflict with the proposal. No
referral response was received from the Town of Eaton.
b. Section 24-3-60.P.2 -- Provisions have been made to preserve prime
agricultural land. The subject property is categorized as "Prime" by the
U.S.D.A. "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.
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MINOR SUBDIVISION (MF #1060) - GARY AND JUDY HARKLESS
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c. Section 24-3-60.P.3-Provisions have been made fora 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 the North Weld County Water District. The applicants have
indicated that they are working with the Eaton Fire Protection District in
regards to a potential well to provide fire flow. The well will be adjacent to the
fire pull off and would be owned and maintained by the Homeowners'
Association. The Eaton Fire Protection District,in a referral response dated
August 8, 2005, indicated no conflict with its' interests.
d. Section 24-3-60.P.4 -- 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.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 it has been
determined that the proposed uses of these areas are compatible with such
conditions. The Weld County Department of Building Inspection is requiring
each building to have an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado
registered engineer.
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. Standards are established in
Appendices 24-D and 24-E of the Weld County Code. The applicant is
proposing a 26-foot gravel road to access the property. The proposal meets
County requirements and was approved at the Change of Zone.
g. Section 24-3-60.P.7--No off-site improvements have been required by the
Department of Public Works.
h. Section 24-3-60.P.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. Weld County will not maintain Faith Lane. The Conditions of
Approval include amending the Covenants to include a plan to maintain
roadways within the subdivision, especially during inclement weather
conditions for emergency vehicles, as recommended by the Weld County
Sheriffs Office.
Section 24-3-60.P.9 --The Minor Subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated townsite.
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j. Section 24-3-60.P.10--There will be no on-street parking permitted within
the Minor Subdivision.
k. Section 24-3-60.P.11 -- No additional access to a county, state or federal
highway will be created.
I. 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.
m. Section 24-3-60.P.13 - Facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works
has indicated, in a referral response dated August 5, 2005, that it has
accepted the submitted Drainage Report.
n. Section 24-3-60.P.14-The proposal is fora maximum of nine(9)residential
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 Eaton Fire Protection District, in a
referral received August 8, 2005, indicated no conflicts with its' interests.
The Weld County Sheriffs Office, in a referral received August 17, 2005,
indicated that it lacks 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. Additionally,the Sheriffs Office indicated
that should the roadways within the subdivision not be maintained or adopted
by the County,individuals purchasing property in this subdivision should be
notified that the Sheriffs Office will have limited traffic enforcement powers.
p. Section 24-3-60.S-The Minor 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,in a referral received August 1,2005,
made recommendations regarding preserving the swale area in the southern
portion of Lot 6 for wildlife habitat. This is addressed as a Condition of
Approval.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Gary and Judy Harkless for a Site Specific Development
Plan and Final Plan, MF #1060, for nine (9) residential lots with E (Estate) Zone uses 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. All sheets of the plat shall be labeled "Faith Estates Minor Subdivision -
MF-1060".
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B. 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.
C. The Covenants shall be approved by the Weld County Attorney's Office. The
Covenants shall include a plan for maintenance of 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.
D. The applicant shall provide the Department of Planning Services with a copy
of a Deed which gives ownership of the outlots to the Faith Estates
Homeowners'Association,along with the appropriate recording fee(currently
$6 for the first page, and $5 for each additional page).
E. The applicant shall provide the Department of Planning Services with
Certificates from the Secretary of State showing the Faith Estates
Homeowners' Association has been formed and registered with the State.
F. The applicant shall submit evidence from the Weld County Department of
Public Works indicating they have met all Department conditions as follows:
1) The applicant shall submit an amended final drainage report to the
Weld County Department of Public Works. 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 a
copy of the FEMA map.
2) The applicant shall submit amended sealed final roadway/
construction/grading plan drawings for acceptance by the
Department of Public Works. Intersection site distance triangles
shall be corrected on the roadway plans. Intersection site distance
triangles at the development entrance must be shown in the proper
locations(as per AASHTO)with respect to lanes of oncoming traffic
and dimensions labeled. All landscaping within the triangles must be
less than 3.5 feet in height at maturity,and noted on the final roadway
plans.
3) The applicant shall submit three(3)additional sets of final roadway,
drainage, utility/construction plan drawings (stamped, signed, and
dated) to the Weld County Department of Public Works for Weld
County Field Inspectors'use during construction of the subdivision.
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G. The applicant shall address the requirements of the Weld County Sheriffs
Office as stated in the referral response dated August 17, 2005. Written
evidence of such shall be provided to the Department of Planning Services.
H. Prior to recording the final plat,the applicant shall provide written evidence
to the Department of Planning Services,from Weld County School District
RE-2, which indicates that all District requirements have been met as
outlined in the previous referral letters dated June 18, 2004, January 27,
2005, and March 9, 2005.
The applicant shall provide written evidence to the Department of Planning
Services that they have attempted to address the recommendations/
requirements of the Colorado Division of Wildlife, as stated in the referral
dated August 1, 2005.
J. The applicant shall provide the Department of Planning Services with an
approved well permit from the Colorado Division of Water Resources for the
water well firefighting purposes to be located on Outlot A.
K. The applicant shall provide a written sign-off or approval from the Eaton Fire
Protection District regarding the water supply well for fire protection
purposes located on Outlot A.
L. The applicant shall submit evidence that the appropriate postal district has
approved the location of the group mailbox and the proposed street name
and addresses.
M. The plat shall be amended to delineate the following:
1) In accordance with Section 23-4-80.A 3. of the Weld County Code
the plat shall be amended to state the development identification sign
shall be a maximum of 32 square feet. Should the applicant wish for
the sign to be more restrictive, the Covenants must be amended to
include a more restrictive size than what Weld County will allow in
the E (Estate) Zone District.
2) The location of the school bus turnout and central mailbox shall be
indicated.
3) A plat sheet that indicates the layout of the entire subdivision(on one
page) shall be attached.
4) Utility easements shall be indicated on the final plat in accordance
with the recommendations of the Utilities Coordinating Advisory
Committee.
N. The Final Plat is conditional upon the following,and that each be placed on
the Final Plat as notes prior to recording:
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1) The Final Plat allows for E(Estate)Zone uses and shall comply with
the E(Estate)Zone District requirements as set forth in Chapter 23
of the Weld County Code. The Minor Subdivision shall consist of
nine(9)residential lots,a 1.112-acre outlot,and a 0.439-acre outlot.
2) OutlotA shall be used for existing oil and gas facilities,access to the
New Cache La Poudre Greeley Canal No. 2 Ditch,and a water well
for fire irrigation purposes, along with a gravel access to the well.
Outlot A shall be a non-buildable lot for all other purposes.
3) Outlot B shall be used for a school bus pull off,school bus stop,mail
box center, and subdivision entrance sign. Outlot B shall be a
non-buildable lot for all other purposes.
4) Water service shall be obtained from the North Weld County Water
District.
5) A Weld County septic permit is required for each proposed septic
system, which 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 ground water,
poor soils, and shallow bedrock.
6) The water well located on Outlot A shall be used as a water supply
for firefighting purposes only.
7) AStormwater Discharge Permit shall be required fora development/
construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one(1)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/wo/
Permits Unit for more information.
8) 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.
9) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than
five (5) acres of land must incorporate all available and practical
methods that are technologically feasible and economically
reasonable in order to minimize dust emissions.
10) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six(6)months in duration,the responsible
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party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice,and applyfora permit from the Colorado
Department of Public Health and Environment.
11) Potential purchasers are hereby notified that oil/gas wells,separators
and related equipment may be loud,may pose a visual nuisance,and
will require ongoing servicing, maintenance, and access via local
roads.
12) Construction on or around any ditch which conveys water to
surrounding properties shall be done so that the delivery of water is
not impaired.
13) All landscaping within the sight distance triangles must be less than
3.5 feet in height at maturity.
14) There will be no on-street parking permitted within Faith Estates
Minor Subdivision.
15) "Weld County's Right to Farm", as stated on this plat, shall be
recognized at all times.
16) All signs on the site shall maintain compliance with Section 23-4-80
of the Weld County Code.
17) The site shall maintain compliance at all times with the requirements
of the Weld County Government.
18) 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.
19) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
20) The existing residential access to Lot 1 of Faith Estates shall be
removed upon completion of Faith Lane.
21) 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 liability insurance, taxes
and maintenance of open space, streets, private utilities and other
facilities, along with the enforcement of Covenants.
22) The applicants or their agents may be required to obtain permits from
the Weld County Department of Public Works Utility Agent for each
utility.
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23) Building permits shall be obtained prior to the construction of any
building. Building permits are required for the principle dwelling and
for buildings accessory to the principle dwelling.
24) A plan review is required for each building. Two complete sets of
plans are required when applying for each permit. Each building may
be required to be designed by a Colorado registered engineer.
25) Buildings shall conform to the requirements of the various codes
adopted at the time of permit application.
26) 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.
27) 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.
28) Building height shall be measured in accordance with the 2003
Uniform 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.
29) Effective January 1, 2003, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County-Wide
Road Impact Program.
30) The Weld County Sheriffs Office will have limited traffic enforcement
powers on roadways within subdivisions which are not maintained or
adopted by the County.
31) Oil and gas facilities within the property will be fenced to mitigate the
potential for tampering.
O. 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).
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2. Upon completion of Condition of Approval #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 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 the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee.
3. 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 three (3) month period.
4. No development activity shall commence on the property, nor shall any building
permits be issued, until the Final Plan has been approved and recorded.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of September, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ill
♦f y� Lai
ATTEST: ��J^�N
"". William H. ke, Chair
Weld County Clerk to
i �--,ice.,► �r i �
M. ile, ro- em
BY:
D-j ty Cler to the Boar '�'��
Da ' E. Long
AP OVEDASTOF
Robert D. Masd n
punty y A orne
Glenn Va'
Date of signature: 917-7/05
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