HomeMy WebLinkAbout20050553.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN,MF#1053,FOR
A NINE (9) LOT MINOR SUBDIVISION - MARY F. CARLSON REVOCABLE LIVING
TRUST AND GEORGE B. CARLSON REVOCABLE LIVING TRUST
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 9th day of
March,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Mary F. Carlson Revocable Living Trust and George B. Carlson Revocable Living
Trust,7561 Kelty Trail, Franktown,Colorado 80116,for a Site Specific Development Plan and Final
Plan, MF#1053,for a nine(9)lot Minor Subdivision on the following described real estate,to-wit:
Lot B of Second Amended Recorded Exemption
#1873;being part of the NE1/4 of Section 8,Township
7 North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS,Jeff Couch,Team Engineering,3468 Shallow Pond Drive,Fort Collins,Colorado
80528-7002, 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 applicant has shown compliance with
Chapters 22 and 24 of the Weld County Code,and the Zone District in which
the proposed use is located. The proposed site does not lie within the Urban
Growth Boundary or Intergovernmental Agreement Area for any municipality.
The site is within the three-mile referral area for the Town of Severance and
Larimer County. No comments were received from the Town of Severance.
Larimer County, in its referral dated January 24, 2005, stated that it has
reviewed the request and finds no conflict with its interests.
b. Section 24-3-60.P.2 -- Provisions have been made to preserve prime
agricultural land. Most of the site is designated "Prime" by the U.S.D.A.
"Farmlands of National Importance Map," dated 1979. However, the
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MINOR SUBDIVISION, MF#1053 - MARY F. CARLSON AND GEORGE B. CARLSON
REVOCABLE LIVING TRUSTS
PAGE 2
applicant has indicated that the property has not been cultivated in twelve
years. A herbaceous ground cover has been established and some limited
grazing was permitted at various times. The proposed interior roadway,
residences/structures, and driveways will cover only a small portion of the
site while the remaining areas will stay as grassland.
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
an agreement for a Water Main Easement, Right-of-Way and has a
preliminary Water Service Agreement in place with the North Weld County
Water District. The agreement has been approved by the Weld County
Attorney's Office and the North Weld County Water District has indicated that
the proposal does comply with its plan.
d. Section 24-3-60.P.4 -- The applicant has provided evidence that the
proposed individual sewage disposal systems do comply with state and local
laws and regulations which were in effect at the time of submission of the
Minor Subdivision. In a referral response received December 20,2004,the
Weld County Department of Public Health and Environment indicated no
concerns with the proposed individual sewage disposal systems. The Weld
County Department of Public Health and Environment has reviewed this
proposal and has indicated that the applicant has satisfied Chapter24 of the
Weld County Code in regard to sewer service. Because of the large lot
sizes,the Department does not require the applicant to designate any septic
system envelopes on the proposed lots. However, it should be noted that
according to the Geology Report conducted by Thomas W. Finley, dated
December 9, 2003, seepage onto Lots 1 thru 6 may be an issue when the
lateral is conveying water. The report also states that some of the systems
may be required to be designed by an engineer. However, given the
proposed lot sizes, adequate area should be available to accommodate
these scenarios. In the future, the Box Elder Sanitation District may make
sanitary sewer service available in the vicinity of this development. Per the
February 26,2004, letter from the District, sanitary sewer service does not
appear to be feasible for this development in the near future.
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. All concerns indicated
by the Colorado Geological Survey have been addressed.
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 is proposing an interior
roadway with 60 feet of right-of-way for two 12-foot gravel lanes and two
four-foot shoulders. The Weld County Department of Public Works, in its
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MINOR SUBDIVISION, MF #1053 - MARY F. CARLSON AND GEORGE B. CARLSON
REVOCABLE LIVING TRUSTS
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referral dated January 5, 2005, states that the final roadway plan drawings
submitted by the applicant have not been stamped and sealed and will be
required to be signed, stamped, and dated prior to recording the final plat.
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 requirements of the Minor
Subdivision. The applicant has been provided with an Agreement for
Improvements to Weld County Road 84 between Weld County Roads 15 and
17 for road stabilization and dust control. The agreement requires approval
by the Board of County Commissioners prior to recording the final plat.
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. Prairie Ridge Estates Minor Subdivision Covenants ensure
property owners understand their obligations.
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--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.P.11 -- No additional access to a county, state, or federal
highway will be created. An emergency access, gated at both ends,will be
located from the cul-de-sac to Weld County Road 17.
Section 24-3-60.P.12 - The ingress and egress to all lots within the Minor
Subdivision will be to an internal gravel road circulation system (Carlson
Court).
m. Section 24-3-60.P.13 - Facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works,
in its referral dated January 5, 2005, stated that the Final Drainage Plan
drawings submitted by the applicant have not been sealed and will be
required to be signed, stamped, and dated 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 applicant is requesting nine(9)
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. No comments were received from
School District RE-4 or the post office. The applicants have provided for a
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REVOCABLE LIVING TRUSTS
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bus turn around and pedestrian shelter at the entrance to Prairie Ridge
Estates,along with a mail center to meet the requirements from the Change
of Zone. The requests of the Weld County Sheriffs Office, in the referral
dated December 2, 2004, have been incorporated into the Conditions of
Approval.
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, or
historical sites. At the Change of Zone, a referral response was received
from the Colorado Division of Wildlife indicating that the proposal does not
conflict with its interests.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Mary F. Carlson Revocable Living Trust and George B.
Carlson Revocable Living Trust for a Site Specific Development Plan and Final Plan, MF#1053,for
a nine (9) lot Minor 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. All sheets of the plat shall be labeled MF-1053.
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. This agreement shall be approved by the Board of
County Commissioners prior to recording the final plat.
C. The applicant has submitted an Agreement for Improvements to Weld
County Road 84, Road Stabilization for Dust Control. This agreement shall
be finalized and approved by the Board of County Commissioners prior to
recording the final plat.
D. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for Prairie Ridge Estates Minor Subdivision. Any
changes requested by the Weld County Attorney's Office shall be
incorporated.
E. 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.
F. The applicant shall submit Certificates from the Secretary of State showing
the Prairie Ridge Estates Homeowners'Association has been formed and
registered with the State.
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G. The applicant shall submit copies of a finalized water agreement with the
North Weld County Water District.
H. The plat shall be amended to delineate a thirty(30)foot wide easement and
right-of-way for the North Weld County Water District.
Utility easements shall be delineated on the plat as outlined by the Utilities
Coordinating Advisory Committee.
J. The location of the Minor Subdivision sign is noted on the plat,the size of the
sign shall be delineated on the plat for review and approval.
K. The applicant shall submit evidence that an agreement has been entered into
with School District RE-4 to pay the cash-in-lieu payment per lot, or submit
evidence that the School District is satisfied with the applicant's proposal that
the individual lot owners pay the fee at the time of building permit.
L. 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.
M. Sight distance triangles at the development entrance shall be shown and
dimensioned on the roadway construction plans.
N. The applicant shall provide the Department of Public Works with stamped,
signed,and dated final plat drawing and roadway/construction and grading
plan drawings for review. Written evidence of approval shall be submitted to
the Department of Planning Services.
O. The applicant shall provide the Department of Public Works with stamped,
signed, and dated final drainage construction and erosion control plan
drawings for review. Written evidence of approval shall be submitted to the
Department of Planning Services.
P. The applicant shall provide the Department of Public Works with a final
drainage report in its entirety. The report shall address the concerns outlined
in the referral received January 5, 2005, from the Department of Public
Works. Written evidence of approval shall be submitted to the Department
of Planning Services.
Q. The construction plans shall be amended, as stated in the referral dated
January 5,2005,from the Department of Public Works. Written evidence of
approval shall be submitted to the Department of Planning Services.
R. The applicant shall provide the Department of Planning Services with written
evidence that the emergency access road is acceptable with the Poudre
Valley Fire Protection District.
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S. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
1) Prairie Ridge Estates Minor Subdivision shall consist of nine (9)
residential lots with E (Estate) Zone District uses, as set forth in
Chapter 23,Article III, Division 5, of the Weld County Code, and as
indicated in the application materials on file.
2) The Weld County Sheriffs Office will have limited traffic enforcement
powers on roadways within subdivisions which are not maintained or
adopted by the County.
3) Water service shall be provided by the North Weld County Water
District.
4) 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 groundwater,
poor soils,and shallow bedrock. Additionally,all systems must meet
all setback requirements as outlined in the Weld County Code.
5) If required,the applicant shall obtain a Stormwater Discharge Permit
from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the
construction phase of the project.
6) 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 Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
7) 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.
8) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six(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.
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9) Weld County's Right to Farm, as stated on this plat, shall be
recognized at all times.
10) 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 Utilities Coordinating Advisory Committee.
11) Oil and gas facilities within the Minor Subdivision must be fenced to
avoid tampering.
12) Effective January 1, 2003, building permits issued on the lot will be
required to adhere to the fee structure of the County-Wide Road
Impact Program.
13) The site shall maintain compliance, at all times, with the
requirements of Weld County Government.
14) 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.
15) 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 streets,private utilities,and other facilities,along
with the enforcement of covenants.
16) All landscaping within the sight distance triangles must be less than
3.5 feet in height at maturity.
17) Stop signs and street name signs will be required at all intersections.
18) A permit may be required by the Weld County Department of Public
Works Right-of-Way agent for each utility.
19) A plan review is required for each building. Two complete sets of
plans are required when applying for each permit.
20) Buildings shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following
have 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.
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21) 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.
22) 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.
23) 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 Chapter23 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.
24) 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.
25) 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.
26) 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.
27) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
28) Outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
29) Construction on the site shall follow the suggestions made in the
Engineering Geology Report,prepared by Thomas W. Finley,dated
December 9, 2003.
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30) The Weld County Sheriffs Office has limited traffic enforcement
powers on roadways with subdivisions which are not adopted by the
County.
31) There will be no on-street parking permitted within Prairie Ridge
Estates Minor Subdivision.
32) 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
Poudre Valley Fire District for review.
2. 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 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 the Department of Planning Services. 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 9th day of March, A.D., 2005.
401101•1114% BOARD OF COUNTY COMMISSIONERS
•
/O
�. 4is. WELD COUNTY, COLORADO
r i�ti f( =x� _ �� William H. J e, Chair
� C''^.v lerk to the Board
` < T ,A! - M. J. ei , Pro-Tem
Deputy Clerk10 the Board C
Dav' E. Long
I
AP OV D AS T •
Robert D. Masden
unt A rney EXCUSED
Glenn Vaad
Date of signature: 0/J-3 JG
2005-0553
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