HomeMy WebLinkAbout20052133.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MF-1056
APPLICANT: Francisco Granados
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-2916;being part of the W2NW4 of Section 3,T5N, R64W of the
6th P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision final Plan for four (4) residential lots. (Pheasant
Meadow)
LOCATION: North of and adjacent to CR 60.5 and east of and adjacent to Hwy 37
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 proposed site is not influenced by an Inter-Governmental Agreement. The Town of
Kersey lies within the three mile referral area. In a referral response dated June 14,2005 the
Town indicate that they had no conflict with the proposal.
B. Section 24-3-60.1.2 --That provisions have been made to preserve prime agricultural land.
The subject property is categorized as "Prime" and "Irrigated not Prime" by the USDA
"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.
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 lots will be served by North Weld County Water District.The applicant has indicated that
the Platte Valley Fire Protection District is requesting one fire hydrant.Conditions of approval
require the applicant to submit evidence that the subdivision plans meet all Fire District
requirements.
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 will handle the effluent flow.
E. Section 24-3-60.1.5 -- That all areas of the minor subdivision which may involve soil o
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 t
such conditions. CO
The Weld County Building Inspection Department is requiring each building to have an pA
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engineered foundation based on a site-specific geotechnical report or an open hole £
inspection performed by a Colorado registered engineer.The applicant has indicated that all
lots will have perimeter foundation drain systems if necessary. SWAN
2005-2133
Resolution MF-1056
Francisco Granados
Page 2
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. Standards are established in Appendices 24-D and 24-E to this Chapter.
The applicant is proposing a 26 foot wide gravel surface interior roadway. The proposal
meets county requirements and was approved at the Change of Zone phase.
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.
The applicant has submitted an Agreement for Improvements for County Road 60 /. The
agreement has been approved by the Weld County Department of Public Works and must
be reviewed and accepted by the Board of County Commissioners prior to recording the final
plat.
H. Section 24-3-60.1.8—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 Pheasant Meadow Lane as proposed. Conditions of approval
require the covenants to be amended to include a plan to maintain roadways within the
subdivision especially during inclement weather conditions for emergency vehicles as
recommended by the Weld County Sheriff's Office.
I. Section 24-3-60.1.9 -- The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite.
J. Section 24-3-60.1.10 -- There will be no on-street parking permitted within the minor
subdivision.
K. Section 24-3-60.1.11 -- No additional access to a county, state or federal highway will be
created.
L. Section 24-3-60.1.12—The ingress and egress to all lots within the minor subdivision will be
to an internal road circulation system.
M. Section 24-3-60.1.13—That facilities providing drainage and stormwater management are
adequate.
The Weld County Department of Public Works has indicated in a referral response dated
June 9, 2005 that they have accepted the submitted Drainage Report.
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) residential 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 Sheriffs Office indicated in a referral dated May 23,2005 that they lack 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. No other entities indicated concerns in
servicing the site.
Resolution MF-1056
Francisco Granados
Page 3
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 Division of Wildlife indicated no conflict with the proposal during the sketch plan phase.
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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to Recording the Minor Subdivision Final Plat:
A. All sheets of the plat shall be labeled "Pheasant Meadow Minor Subdivision - MF-1056"
(Department of Planning Services)
B. The applicant shall submit to the Weld County Department of Planning Services an on-site
Improvements Agreement According to Policy Regarding Collateral for Improvements
(Private Road Maintenance), which has been filled out and signed by the applicant. The
Agreement must be reviewed by the Weld County Department of Public Works.(Department
of Public Works)
C. 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. (Departments of
Public Works and Planning Services)
D. The Board of County Commissioners shall review and approve the Agreement for
Improvements for County Road 60 1/2 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. (Departments of Public Works and Planning Services)
E. The covenants shall be amended as follows:
1) Section11.10.h of Article 11 -The size allowed for"for sale"signs shall be amended
to 32 square feet to be in compliance with Section 23-4-80.C of the Weld County
Code. (Department of Planning Services)
2) Section 7.2 of Article 7 states,"If Weld County does not maintain Pheasant Meadow
Lane,the Association shall maintain Pheasant Meadow Lane.The Association may,
but shall not be obligated to,remove snow from Pheasant Meadow lane. In the event
the Association does not maintain or repair the Common Elements, Declarant shall
have the right, but not the obligation, to do so at the expense of the Association."
Weld County will not maintain Pheasant Meadow Lane as proposed. The Weld
County Sheriffs Office has recommended that a plan be developed to maintain
roadways within the subdivision especially during inclement weather conditions for
emergency vehicles. The covenants shall be amended to clarify that the Pheasant
Meadow Homeowners Association will be responsible for maintaining Pheasant
Meadow Land and address the Sheriffs Office recommendation. (Sheriff's Office
and Department of Planning Services)
3) Section 11.10.k of Article 11 shall be amended to comply with Section 23-1-90 of the
Weld County Code which states the maximum number of animal units allowed per
lot would be eight(8). (Department of Planning Services)
F. The covenants shall be approved by the Weld County Attorney's Office. 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.
(Department of Planning Services)
Resolution MF-1056
Francisco Granados
Page 4
G. Application materials indicate Atmos Energy will be providing gas. However, no will serve
letter was included with the application. The applicants representative at the Utility Board
hearing indicated that propane may be utilized. The applicant shall submit written evidence
to the Department of Planning Services from Atmos Energy indicating that they will service
the lots or the applicant shall amend Section 11.10.m.of Article 11 of the Covenants to allow
for propane tanks. (Department of Planning Services)
H. The applicant shall submit to the Department of Planning Services a copy of a deed which
gives ownership of the outlots to the Pheasant Meadow Home Owners Association along with
the appropriate recording fee(currently$6 for the first page and$5 for each additional page).
(Department of Planning Services)
The applicant shall submit to the Department of Planning Services Certificates from the
Secretary of State showing the Pheasant Meadow Home Owners Association has been
formed and registered with the State. (Department of Planning Services)
J. The applicant shall submit evidence from the Weld County Department of Public Works
indicating that they have met all Department conditions as follows:
1) The applicant shall submit a sealed final drainage report to the Weld County
Department of Public Works. (Department of Public Works)
2) 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. (Department of Public Works)
K. Prior to recording the final plat,the applicant shall provide written evidence to the Department
of Planning Services from Weld County School District RE-7 which indicates that all district
requirements have been met. (Department of Planning Services)
L. The Platte Valley Fire Protection District has not responded to any of the referral requests.
The applicant has indicated that the District is requiring one fire hydrant.The applicant shall
submit written evidence to the Department of Planning Services that all Fire District concerns
have been addressed. (Department of Planning Services)
M. The plat shall be amended to delineate the following:
1) The plat indicates the development sign shall not exceed 16 square feet in size. 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 Estate zone district. (Department of Planning Services)
2) The location of the group mail box shall be moved out of the right of way for County
Road 60 1/2 and onto Outlot A. (Department of Planning Services
3) The applicant shall submit evidence that the appropriate postal district has approved
the location of the group mail box and the proposed street name and addresses.
(Department of Planning Services)
4) The plat shall include a signature block for the Weld County Planning Commission.
(Department of Planning Services)
5) The existing ten (10)foot easements on the north and east sides of Lot 1 shall be
amended to fifteen (15)feet. (Utility Advisory Board)
N. The Final Plat is conditional upon the following and that each be placed on the Final Plat as
notes prior to recording:
Resolution MF-1056
Francisco Granados
Page 5
1) The final Plat allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor
Subdivision shall consist of four (4) residential lots and a 0.056 acre outlot and a
19.773 acre outlot. (Department of Planning Services)
2) Water service shall be obtained from North Weld County Water District.(Department
of Public Health and Environment)
3) 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. (Department of
Public Health and Environment)
4) A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater
than or equal to one 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/wq/Perm itsU nit for more information.(Department of Public
Health and Environment)
5) 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. (Department of Public Health and Environment)
6) In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods that are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
7) If land development creates more than a 25-acre contiguous disturbance, or
exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
control plan,submit an air pollution emissions notice,and apply for a permit from the
Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
8) Potential Purchasers are hereby notified that Confined Animal Feeding Operations
are located in close proximity to this development. Residents should be aware that
off-site impacts that may be encountered include flies, noise from trucks, tractors
and equipment; dust from animal pens and odors from animal confinement, silage,
and manure. (Departments of Planning Services and Public Health and
Environment)
9) 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. (Department of Planning
Services)
10) Construction on or around any ditch which conveys water to surrounding properties
shall be done so that the delivery of water is not impaired. (Department of Planning
Services)
11) All landscaping within the sight distance triangles must be less than 3%feet in height
at maturity. (Department of Planning Services)
12) There will be no on-street parking permitted within Pheasant Meadows.(Department
of Planning Services)
Resolution MF-1056
Francisco Granados
Page 6
13) "Weld County's Right to Farm", as stated on this plat, shall be recognized at all
times. (Departments of Planning Services and Public Health and Environment)
14) All signs on site shall maintain compliance with Section 23-4-80 of the Weld County
Code. (Department of Planning Services)
15) The site shall maintain compliance at all times with the requirements of the Weld
County Government. (Department of Planning Services)
16) Weld County 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.
(Department of Planning Services)
17) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
18) 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 liability insurance,taxes and maintenance of open space,streets,
private utilities and other facilities along with the enforcement of covenants.
(Department of Planning Services)
19) The applicant or their agents may be required to obtain permits from Weld County's
Public Works - Utility Agent, for each utility. (Department of Public Works)
20) 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. (Building Inspection)
21) 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. (Building Inspection)
22) Buildings shall conform to the requirements of the various codes adopted at the time
of permit application. (Building Inspection)
23) 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. (Building Inspection)
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. (Building
Inspection)
25) 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. (Building
Inspection)
26) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11) (Department of Planning Services)
Resolution MF-1056
Francisco Granados
Page 7
27) The Weld County Sheriff's Office will have limited traffic enforcement powers on
roadways within subdivisions which are not maintained or adopted by the County.
(Sheriff's Office)
28) Oil and gas facilities within the property will be fenced to mitigate the potential for
tampering. (Sheriffs Office)
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).
(Department of Planning Services)
2. Upon completion of 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
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 the Administrative Review was
signed. The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
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 3 month period.
(Department of Planning Services)
i^ 4. No development activity shall commence on the property,nor shall any building permits be issued on
the property until the final plan has been approved and recorded. (Department of Planning Services)
Motion seconded by James Rohn
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
Tom Holton
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,Voneen Macklin, 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 5, 2005.
Dated the 5th of July, 2005.
Voneen Macklin
Secretary
a
X r:.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday July 5, 2005 MP-
•
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County Department of
Planning Services, Hearing Room,918 10th Street, Greeley,Colorado. The meeting was called to order by Chair,Michael
Miller, at p.m.
ROLL CALL
Michael Miller
Bryant Gimlin Absent
John Folsom
James Welch
James Rohn
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Also Present: Char Davis, Peter Schei, Don Carroll, Pam Smith, Cindi Etcheverry, Kim Ogle, Sheri Lockman
The summary of the last regular meeting of the Weld County Planning Commission held on June 22,2005,was approved
as read.
The following items will be on the Consent Agenda:
CASE NUMBER: MF-1056
APPLICANT: Francisco Granados
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-2916; being part of the W2NW4 of Section 3, T5N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision final Plan for four (4) residential lots. (Pheasant Meadow)
LOCATION: North of and adjacent to CR 60.5 and east of and adjacent to Hwy 37
Doug Ochsner moved to approve the Consent Agenda. James Rohn seconded. Motion approved.
The following items will be heard:
CASE NUMBER: AmUSR-729
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Oil Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SW4SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and Gas
Support Facility(Brinewater Disposal and allied facilities) in the A(Agricultural)Zone
District.
LOCATION: North of and adjacent to CR 64, '% mile west of CR 47.
Kim Ogle, Department of Planning Services presented Case AmUSR-729,reading the recommendation and comments
into the record. The Department of Planning Services is recommending approval of the application along with the
Conditions of Approval and Development Standards.
Michael Miller asked Mr. Ogle about the request for a rolling average and who would enforce. Mr. Ogle deferred
comment to Ms. Etcheverry. Ms. Etcheverry, Department of Environmental Health, indicated she inspects the site on
a quarterly basis and does inspect the logs. This site will be consistent with the operation of three other facilities.
Dale Butcher, representative for the applicant, addressed the concerns indicated in the letter received in the packet
from Harold & Patricia Schwalm. Mr. Butcher indicated that the Schwalm's visited the facility and their concerns were
alleviated.
Doug Ochsner asked for a brief summary of the operation. Mr. Butcher indicated that an oil & gas operation
produces three by products, gas, oil and brinewater. The gas is pumped into a line, the oil goes to a tank battery and
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