HomeMy WebLinkAbout20052734 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller, 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: MF-1060
APPLICANT: Harkless (Faith Estates)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-2641; part of the SE4 of Section 13, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plat for nine (9) estate zoned residential lots.
LOCATION: West of and adjacent to CR 37; approximately 1/8 mile north of State Hwy
392.
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 nor urban growth
boundary. The City of Greeley lies within the three mile referral area. In a referral response
dated July 19, 2005 the City of Greeley indicated that they had no conflict with the proposal.
No referral response was received from the Town of Eaton.
B. Section 24-3-60.1.2 --That provisions have been made to preserve prime agricultural land.
The subject property is categorized as"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
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 homeowner's association. The Eaton Fire Protection District, in their referral response
dated August 8, 2005, indicated no conflict with their interests.
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 (I.S.D.S.)will handle the effluent flow.
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.
EXHIBIT
2005-2734 1 13
07F 410!00
Resolution MF-1060
Gary Harkless
Page 2
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 24-3-60.1.6 -- 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 gravel road to access the property. The proposal meets
county requirements and was approved at the Change of Zone.
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. No off-site improvements have been required
by the Department of Public Works.
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 Faith Estates Road. 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.
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
August 5, 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 nine (9) 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 Eaton Fire Protection District, in their referral received August 8, 2005, indicated no
conflicts with their interests.
The Weld County Sheriffs Office, in their referral received August 17, 2005, indicated 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. 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 be notified that the Sheriffs Office will have
limited traffic enforcement powers.
Resolution MF-1060
Gary Harkless
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, in their 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.
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 "Faith Estates Minor Subdivision - MF-1060" (Department
of Planning Services)
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. (Departments of Public
Works and Planning Services)
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. (Department of Planning Services)
D. The applicant shall submit to the Department of Planning Services a copy of a deed which
gives ownership of the outlots to the Faith Estates 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)
E. The applicant shall submit to the Department of Planning Services Certificates from the
Secretary of State showing the Faith Estates Home Owners Association has been formed and
registered with the State. (Department of Planning Services)
F. 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 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. (Department of Public Works)
2) The applicant shall submit amended sealed final roadway/construction/grading plan
drawings for acceptance by 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 31/2 feet in height at maturity, and noted on the final roadway plans.
(Department of Public Works)
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. (Department of Public Works)
Resolution MF-1060
Gary Harkless
Page 4
G. The applicant shall address the requirements of the Weld County Sheriffs Office as stated in
their referral response dated August 17, 2005. Written evidence of such shall be provided to
the Department of Planning Services. (Weld County Sheriff's)
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 their previous referral letters dated June 18, 2004,
January 27, 2005 and March 9, 2005. (Department of Planning Services)
I. The applicant shall provide written evidence to the Department of Planning Services that the
recommendations/requirements of the Colorado Division of Wildlife as stated in their August 1,
2005 referral have attempted to be addressed. (Division of Wildlife)
J. The applicant shall provide an approved well permit from the Colorado Division of Water
Resources to the Department of Planning Services for the water well fire fighting purposes to
be located on Outlot A. (Department of Planning Services/Eaton Fire Protection District)
K. The applicant shall provide a written sign off or approval the Eaton Fire Protection District
regarding the water supply well for fire protection purposes located on Outlot A. (Eaton Fire
Protection District)
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. (Department of
Planning Services)
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 Estate
zone district. (Department of Planning Services)
2) The location of the school bus turnout and central mailbox shall be indicated.
(Department of Planning Services)
3) A plat sheet that indicates the layout of the entire subdivision (on one page) shall be
attached. (Department of Planning Services)
N. The Final Plat is conditional upon the following and that each be placed on the Final Plat as
notes prior to recording:
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 Nine (9) residential lots and a 1.112 acre outlot and a .439 acre outlot.
(Department of Planning Services)
2) Outlot A shall be used for existing oil and gas facilities, access to the New Cache La
Poudre Greeley Canal No. 2 ditch, 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.
(Department of Planning Services
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.
(Department of Planning Services)
4) Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
Resolution MF-1060
Gary Harkless
Page 5
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 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.
(Department of Public Health and Environment)
6) The water well located on Outlot A shall be used as a water supply for fire fighting
purposes only. (Department of Planning Services/Eaton Fire Protection District)
7) A stormwater discharge permit shall be required for a development/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 /Permits Unit for more
information. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
9) 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)
10) 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)
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. (Department of Planning Services)
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. (Department of Planning Services)
13) All landscaping within the sight distance triangles must be less than 3% feet in height at
maturity. (Department of Planning Services)
14) There will be no on-street parking permitted within Faith Estates Minor Subdivision.
(Department of Planning Services)
15) "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)
16) All signs on site shall maintain compliance with Section 23-4-80 of the Weld County
Code. (Department of Planning Services)
17) The site shall maintain compliance at all times with the requirements of the Weld County
Government. (Department of Planning Services)
18) 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)
19) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
Resolution MF-1060
Gary Harkless
Page 6
20) The existing residential access to Lot 1 of Faith Estates shall be removed upon
completion of Faith Estates Road. (Department of Planning Services)
21) 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)
22) 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)
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. (Building Inspection)
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. (Building Inspection)
25) Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. (Building Inspection)
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. (Building
Inspection)
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. (Building
Inspection)
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. (Building Inspection)
29) 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)
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.
(Sheriffs Office)
31) 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)
Resolution MF-1060
Gary Harkless
Page 7
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)
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 Chad Auer
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
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 September 6, 2005.
Dated the 6th of September, 200
Voneen Macklin
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 6, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County
Department of Planning Services, Hearing Room,918 101h Street,Greeley,Colorado. The meeting was called
to order by Chair, Bruce Fitzgerald, at 1:30 p.m.
ROLL CALL
Michael Miller
Erich Ehrlich
Roy Spitzer
James Welch Absent
Bruce Fitzgerald
Chad Auer
Doug Ochsner Absent
Tom Holton
Also Present: Kim Ogle,Sheri Lockman,Chris Gathman, Pam Smith,Don Carroll,Char Davis, Robert Jacobs
The summary of the last regular meeting of the Weld County Planning Commission held on,August 16,2005,
was approved as read.
The following items are on the Consent Agenda:
— CASE: MF-1060
APPLICANT: Harkless (Faith Estates)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-2641; part of the SE4 of Section 13, T6N, R66W of
the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plat for nine (9)estate zoned residential lots.
LOCATION: West of and adjacent to CR 37; approximately 1/8 mile north of State
Hwy 392.
CASE NUMBER: PZ-1093
APPLICANT: Terra Firma Ventures LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th
P.M.; Weld County, Colorado.
REQUEST: A Change of Zone from Agriculture to PUD for nine (9) lots with Estate
Zone uses.
LOCATION: East of and adjacent to CR 15 and south of and adjacent to CR 86.
CASE NUMBER: USR-1517
APPLICANT: Petro-Canada Resources Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NW4& Part SW4 of Section 18, T4N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development Facility including Oil and Gas Support Services
(Land Treatment Facility).
LOCATION: South of and adjacent to CR 46; 800 feet east of CR 49.
Michael Miller moved to approve the Consent Agenda. Chad Auer seconded. Motion carried.
The following items will be heard:
CASE NUMBER: USR-1520
APPLICANT: Mike Johnson
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