HomeMy WebLinkAbout20052476.tiff RESOLUTION
RE: APPROVE MINOR SUBDIVISION FINAL PLAN, MF#547,FOR NINE(9)RESIDENTIAL
LOTS - OLANDO, LLC, CIO ED ORR AND TAMMY ELLERMAN
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 7th 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 Olando, LLC/Ed Orr and Tammy Ellerman, 826 9th Street, Greeley, Colorado
80631,c/o Todd Hodges Design, LLC, 1269 North Cleveland Avenue, Loveland,Colorado 80537,
for a Site Specific Development Plan and Minor Subdivision Final Plan, MF #547, for nine (9)
residential lots on the following described real estate, to-wit:
Lot B of Recorded Exemption#2016;being part of the
SE1/4 of Section 16, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the applicant was represented by Tammy Ellerman, 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 23 and 24 of the Weld County Code,the Zone District in which the
proposed use is located, and the proposed site is not influenced by an
Intergovernmental Agreement or within the three-mile referral area of any
municipality.
b. Section 24-3-60.P.2 -- Provisions have been made to preserve prime
agricultural land. The subject property is categorized as "Prime" and
"Irrigated not 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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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. Two fire hydrants are being
proposed as requested by the Galeton Fire Protection District.
d. Section 24-3-60.P.4-- Individual sewage disposal systems will handle the
effluent flow,and at the Change of Zone phase,the Weld County Department
of Public Health and Environment indicated the application satisfied
Chapter 24 of the Weld County Code regarding sewer service.
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. 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. The
Weld County Department of Public Health and Environment is requiring
septic systems to be designed for site-specific conditions.
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 24-foot wide paved interior roadway, with four-foot gravel
shoulders. The proposal meets County requirements and was approved at
the Change of Zone phase.
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 had secured an access permit from the Colorado
Department of Transportation (CDOT); however, the permit expired on
June 11,2005. The Conditions of Approval require the applicant to obtain an
updated access permit from CDOT.
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. The Covenants for Owl Creek Estates do address the
homeowners' responsibilities regarding the road right-of-way.
Section 24-3-60.P.9 --The Minor Subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated town site.
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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.
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 June 23, 2005, that it has
accepted the Final Drainage and Erosion Control Report.
n. Section 24-3-60.P.14 — The maximum number of lots within the Minor
Subdivision will not exceed 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. The Weld County
Sheriff's Office indicated, in a referral dated May 23, 2005, 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. No other entities indicated concerns in servicing the
site.
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 indicated no conflict with the
proposal during the Change of Zone phase.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Olando, LLC,c/o Ed Orr and Tammy Ellerman,for a Site
Specific Development Plan and Minor Subdivision Final Plan, MF#547,for nine(9)residential lots
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 plats shall be labeled "Owl Creek Estates Minor Subdivision - MF-547."
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 appropriately signed and dated original
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document prior to Board approval. The security for the agreement shall be
tendered and accepted by the Board of County Commissioners.
C. The applicant shall submit a copyof the finalized agreement with North Weld
County Water District to the Department of Planning Services.
D. 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.
E. The applicant shall submit written evidence to the Department of Planning
Services indicating the appropriate postal service has reviewed and
approved the proposed street name and addresses.
F. The applicant shall submit evidence from the Weld County Department of
Public Works to the Department of Planning Services indicating they have
met all Department conditions as listed in the referral response dated
June 23, 2005.
G. The applicant shall provide written evidence to the Department of Planning
Services from Weld County School District RE-7 which indicates all District
requirements have been met.
H. Easements on the final plat shall be amended in accordance with the Weld
County Utilities Coordinating Advisory Committee recommendations.
The plat shall be amended to delineate the following:
1) A detail of Outlot A shall be shown on the plat. The detail shall
include the bus turnaround,mail kiosk,bus shelter,and development
sign.
2) In accordance with Section 24-4-40.6j a utility service statement
block shall appear on the final plat map. The block shall identify each
utility company intended to provide service to the proposed
subdivision.
3) "Weld County's Right to Farm",as provided in Appendix 22-E of the
Weld County Code.
4) All easements included in the Surface Use Agreement shall be
indicated on the plat.
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J. 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 Plan 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 and one 0.17-acre outlot.
2) 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.
3) All signs on the site shall maintain compliance with Section 23-4-80
of the Weld County Code.
4) There will be no on-street parking permitted within the Minor
Subdivision.
5) The access located at the southwest corner of the site is exclusively
for accessing the oil and gas structures located on the site. The
access shall be removed upon completion of oil and gas production.
6) 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.
7) "Weld County's Right to Farm", as stated on this plat, shall be
recognized at all times.
8) The site shall maintain compliance at all times with the requirements
of Weld County Government.
9) 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 Conditions of Approval
stated herein and all applicable Weld County regulations.
10) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
11) 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
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and maintenance of open space, streets, private utilities and other
facilities, along with the enforcement of the Covenants.
12) A building permit shall be obtained prior to the construction of any
new building, except those exempted by the Weld County Building
Code.
13) A plan review is required for each building for which a building permit
is required. Plans shall include a floor plan and may be required to
bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each
permit.
14) Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Codes currently
adopted by Weld County include:2003 International Building Code,
2003 International Mechanical Code, 2003 International Plumbing
Code,2003 International Plumbing Code,2003 International Fuel Gas
Code, 2002 National Electrical Code, and Chapter 29 of the Weld
County Code.
15) 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.
16) 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.
17) Building height shall be measured in accordance with the 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 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.
18) All landscaping within the triangles must be less than 3.5 feet in
height at maturity.
19) Water service shall be obtained from the North Weld County Water
District.
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20) A Weld County septic permit is required for each proposed septic
system,which shall be installed in accordance with 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.
21) 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.
22) 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.
23) 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 which are technologically feasible and economically
reasonable in order to minimize dust emissions.
24) 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 applyfora permit from the Colorado
Department of Public Health and Environment.
25) The Weld County Sheriffs Office has limited traffic enforcement
powers within subdivisions where the roadways are not maintained
or adopted by the County.
26) 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.
K. 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 7th day of September, A.D., 2005.
` BOARD OF COUNTY COMMISSIONERS
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,mow ��` WELDD COUNTY, COLORADO
ATTEST: 1
1861 f' 1♦'I William H. rke, Chair
Weld County Clerk to '�e n �i��
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M. ile, r - em
BY: �/Y ' ��
Deputy Clerk to the Board
D id E Long
APPRfl 9D AS TO F (�\
Rob D. Masd n
ou y Attorney �
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Date of signature: �•
2005-2476
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