HomeMy WebLinkAbout20050554.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, 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 NUMBER: MF-1053
APPLICANT: Mary F. Carlson and George B. Carlson, Revocable Living Trust
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of 2nd AmRE-1873; Pt NE4 of Section 8, T7N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: Final Plat for a 9-lot minor subdivision- Prairie Ridge Estates.
LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 17.
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 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 was received from the
Town of Severance. Larimer County in their referral dated January 24, 2005 state that they have
reviewed the request and find no conflict with their interst.
B. Section 24-3-60.1.2 -- Provisions have been made to preserve prime agricultural land. Most of the site
is designated "Prime" by the USDA "Farmlands of National Importance Map" dated 1979. However,
the applicant has indicated that the property has not been cultivated in twelve years. An 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 remain grassland.
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 applicant has an agreement for a Water Main Easement, Right-of-Way and has a
preliminary Water Service agreement in place with North Weld County Water District. The agreement
has been approved by the Weld County Attorney's Office and North Weld County Water District has
indicated that the proposal does comply with their plan.
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. 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 (ISDS). The Weld County Department of Public Health and Environment
has reviewed this proposal and has indicated that the applicant has satisfied Chapter 24 of the Weld
County Code in regard to sewer service. Sewer will be provided by Individual Sewage Disposal
Systems (ISDS). 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 geologic 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
EXHIBIT
AMP-
2005-0554
*1O5
Resolution MF-1053
Carlson Trust
Page 2
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 24-3-60.1.5 -- 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. All concerns
indicated by the Colorado Geological Survey have been addressed.
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.
The applicant is proposing an interior roadway with 60 feet of right-of-way for two 12 foot gravel lanes
and two 4 foot shoulders. The Weld County Department of Public Works in their 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 24-3-60.1.7-- 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 been provided with an Agreement for
Improvements to County Road 84 between County Road 15 and County Road 17 for Road
Stabilization and Dust Control. The agreement requires Board of County Commissioners approval
prior to recording the Final Plat.
H. Section 24-3-60.1.8-- That the 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.
I. Section 24-3-6019 -- The minor subdivision is not part of or contiguous with a previously recorded
subdivision or unincorporated townsite.
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J. Section 24-3-60.1.10 -- That 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 24-3-60.1.11 -- 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 County Road 17.
L. Section 24-3-60.1.12 — The ingress and egress to all lots within the minor subdivision will be to an
internal gravel road circulation system (Carlson Court).
M. Section 24-3-60.1.13— That facilities providing drainage and storm water management are adequate.
The Weld County Department of Public Works in their referral dated January 5, 2005 state 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 24-3-60.1.14 — That the maximum number of lots within the minor subdivision will not exceed
nine (9) lots. The applicant is requesting nine (9) lots.
Resolution MF-1053
Carlson Trust
Page 3
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. No
comments were received from RE-4 school district and the post office. The applicants have provided
for a 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 Weld County Sheriffs office in their
referral dated December 2, 2004 requests have been incorporated into the Development Standards
and the Conditions of Approval.
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. At the Change of Zone, a referral
response was received from the Colorado Division of Wildlife indicating that the proposal does not
conflict with their interests.
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 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 MF-1053. (Department of Planning Services)
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. (Departments of Public Works and Planning
Services)
C. The applicant has submitted an Agreement for Improvements to 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. (Departments of Public Works and Planning Services)
D. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the
Restrictive Covenants and Home Owners 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. (Department of Planning Services)
F. The applicant shall submit Certificates from the Secretary of State showing the Prairie Ridge Estates
Homeowners Associations have been formed and registered with the state. (Department of Planning
Services)
G. The applicant shall submit copies of a finalized water agreement with North Weld County Water
District and Central Weld County Water District. (Department of Planning Services)
H. The plat shall be amended to delineate a thirty (30) foot wide easement and right-of-way for the
Central Weld County Water District. (Department of Planning Services)
Utility easements shall be delineated on the plat as outlined by the Utility Board. (Utility Board and
Department of Planning Services)
Resolution MF-1053
Carlson Trust
Page 4
J. The location of the subdivision sign is noted on the plat, the size of the sign shall be delineated on the
plat for review and approval. (Department of Planning Services)
K. The applicant shall submit evidence that an agreement has been entered into with the RE-4 School
District to pay the cash-n-lieu payment per lot or submit evidence that the School District is satisfied
with the applicant proposal that the individual lot owners pay the fee at the time of building permit.
(Department of Planning Services)
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. (Departments of Planning Services and Public Health and
Environment)
M. Sight distance triangles at the development entrance shall be shown and dimensioned on the
roadway construction plans. (Department of Public Works)
N. The applicant shall provide the Department of Public Works with stamped, signed, and dated final plat
drawing and roadway/construction & grading plan drawings for review. Written evidence of approval
shall be submitted to the Department of Planning Services. (Department of Public Works)
O. The applicant shall provide the Department of Public Works with stamped, signed, and dated final
drainage construction and erosion control plans drawings for review. Written evidence of approval
shall be submitted to the Department of Planning Services. (Department of Public Works)
P. The applicant shall submit to the Department of Public Works a final drainage report in its entirety.
The report shall address the concerns outlined in the Department of Public Works referral received
January 5, 2005. Written evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Works)
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. (Department of Public Works)
R. The applicant shall provide the Department of Planning Services with written evidence that the
emergency access road is acceptable by the Poudre Valley Fire Protection District. (Department of
Planning Services)
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 Ill, Division 5 of the Weld
County Code as indicated in the application materials on file. (Department of Planning
Services)
2) 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. (Planning Services)
3) Water service shall be provided by North Weld County Water District. (Department of Public
Health and Environment)
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 regulations. Each
septic system shall be designed for site-specific conditions, including, but not limited to
Resolution MF-1053
Carlson Trust
•
Page 5
maximum seasonal high groundwater, poor soils, and shallow bedrock. Additionally, all
systems must meet all setback as outlined in the Weld County Code. (Department of Public
Health and Environment)
5) If required, the applicant shall obtain a storm water 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. (Department of Public Health and Environment)
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 Health Department, a fugitive dust control plan must be submitted. (Department
of Public Health and Environment)
7) 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)
8) 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)
9) Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
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 Utility Advisory Committee. (Utility
Advisory Committee)
11) Oil and gas facilities within the subdivision must be fenced to avoid tampering. (Sheriff's
Office)
12) Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the
fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
13) The site shall maintain compliance at all times with the requirements of the Weld County
Government. (Department of Planning Services)
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.
(Department of Planning Services)
15) A Homeowner'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 streets, private utilities and other facilities along
with the enforcement of covenants. (Department of Planning Services)
16) All landscaping within the triangles must be less than 3% feet in height at maturity.
i - (Department of Public Works)
Resolution MF-1053
Carlson Trust
Page 6
17) Stop signs and street name signs will be required at all intersections. (Department of
Planning Services)
18) A permit may be required from the Weld County's Public Works Right-of-Way agent for each
utility. (Department of Public Works)
19) A plan review is required for each building. Two complete sets of plans are required when
applying for each permit. (Building Inspection)
20) Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Current the following has 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. (Building Inspection)
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.
(Building Inspection)
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. (Building Inspection)
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 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. When measuring buildings to
determine offset and setback requirements, buildings are measured to the farthest projection
from the building. (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) 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. (Department of Planning Services)
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. (Department of Planning Services)
27) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
28) Outdoor storage shall be screened from public rights-of-way, and adjacent properties.
(Department of Planning Services)
Resolution MF-1053
Carlson Trust
Page 7
29) Construction on site shall follow the suggestions made in the Engineering Geology Report,
prepared by Thomas W. Finley dated December 9, 2003. (Colorado Geological Survey)
30) The Weld County Sheriff's Office has limited traffic enforcement powers on roadways with
subdivision which are not adopted by the county. (Sheriffs Office)
31) There will be no on-street parking permitted within Prairie Ridge Estates minor subdivision.
(Department of Planning Services)
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. (Poudre Valley Fire District)
Q. 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
Department of Planning Services' Staff. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date of the Board of County Commissioners approval. The
applicant shall be responsible for paying the recording fee. (Department of Planning Services)
(Department of Planning Services)
Motion seconded by James Welch
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
Chad Auer
Doug Ochsner
James Welch
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 February 1, 2005.
Dated the f of February, 2005.
Voneen Macklin
Secretary
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CASE NUMBER: MF-1053
APPLICANT: Mary F. Carlson and George B. Carlson, Revocable Living Trust
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of 2n° AmRE-1873; Pt NE4 of Section 8, T7N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Final Plat for a 9-lot minor subdivision- Prairie Ridge Estates.
LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 17.
Jacqueline Hatch, Department of Planning Services presented Case MF-1053, 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.
Jeff Couch, representative for the applicant, provided clarification on the proposal. Nothing has been changed
since the approval of the change of zone. This final plat is basically the same as previously reviewed by Planning
Commission.
John Folsom asked if there were any water rights to the property. Mr. Couch indicated there was one share of
North Poudre Irrigation that will be dedicated to the HOA. The share yielded 3 acre feet of water this year. The
homeowners are being asked to buy a share of water with the lots. There is a gated irrigation system on the site.
Mr. Folsom asked if the small amount of water is the reason the farm is not being used. Mr. Couch indicated the
water has been sold off the property and the ground was used to graze sheep. Mr. Folsom indicated the maps still
consider this as prime. Mr. Couch indicated the slope makes it difficult for the land to be prime.
James Rohn stated he feels there needs to be more water dedicated to the site to keep the area green and the
property looking nice. Mr. Rohn indicated the City of Fort Collins leases water out. Mr. Rohn would like to see a
Condition added to make the owners obtain water to maintain the landscape. This would be water for irrigation
purposes. Mr. Couch stated North Weld County Water District is providing an incentive for reduction of raw water
use. Mr. Couch added there is a vegetative management plan in the covenants and limit the number of animals.
There is a natural seepage from the Cactus Hill Ditch. There is the option for the homeowners to lease from North
Poudre Irrigation but there has been none leased in the last few years. Mr. Rohn would still like something in the
Development Standard requiring the owners to obtain more water.
Bryant Gimlin stated that Planning Commission must be careful to not put in a requirement that cannot be
accomplished. Mr. Ochsner stated there are years when there is no water to rent. Placing a stipulation that
cannot be done would not be favorable. This property has not had water at the site and has operated on water
that is there. Mr. Ochsner asked Mr. Couch if one homeowner purchases water are they be able to use the
irrigation system or does it still need to go through the entire HOA. Mr. Couch stated the HOA would be able to
rent water and assess to all the homeowners. The head gates are isolated so the individual lots can be watered.
The applicants intended to keep the irrigation system because it will be of more value to the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one
wished to speak.
John Folsom moved to accept staff changes. Doug Ochsner seconded. Motion carried
Jeff Couch indicated concerns for Development Standard 32 being Mountain View Fire Protection; in fact they are
under Poudre Fire Protection. There are agreements with most of those who did not respond.
James Rohn moved to change Development Standard#32. Doug Ochsner seconded. Motion carried
James Rohn moved that Case MF-1053, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
James Welch seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes;
James Welch, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes. Motion carried
.-- unanimously.
James Rohn commented he would like to stress working for extra water. 4 ,
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