HomeMy WebLinkAbout20052132.tiff RESOLUTION
RE: APPROVE MINOR SUBDIVISION FINAL PLAN, MF #1056, FOR FOUR (4)
RESIDENTIAL LOTS,PHEASANT MEADOW SUBDIVISION-FRANCISCO GRANADOS
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 17th day of
August,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Francisco Granados, 5995 West 26th Street, Greeley, Colorado 80634, for a Site
Specific Development Plan and Minor Subdivision Final Plan, MF#1056,forfour(4)residential lots,
Pheasant Meadow Subdivision, on the following described real estate, to-wit:
Lot B of Recorded Exemption#2916;being part of the
W1/2 NW 1/4/4 of Section 3,Township 5 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Clayton Harrison, Pickett Engineering, Inc.,
808 8th Street, Greeley, Colorado 80631, 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 proposal is in compliance with Chapters 23
and 24 of the Weld County Code and the Zone District in which the proposed
use is located,and it is not influenced by an Intergovernmental Agreement.
The Town of Kersey lies within the three-mile referral area. In a referral
response dated June 14,2005,the Town indicated it had no conflict with the
proposal.
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, and the applicant has
indicated that the Platte Valley Fire Protection District is requesting one fire
hydrant. The Conditions of Approval require the applicant to submit evidence
that the subdivision plans meet all Fire District requirements.
d. Section 24-3-60.P.4-- Individual sewage disposal systems will handle the
effluent flow.
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 that 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
applicant has indicated that all lots will have perimeter foundation drain
systems, if necessary.
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. Standards are established in Appendices 24-D and 24-E of
the Weld County Code,and 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.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. The applicant
has submitted an Agreement for Improvements for Weld County Road 60.5.
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.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. 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.
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 9,2005,that it has accepted
the submitted Drainage Report.
n. Section 24-3-60.P.14 — 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.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
Sheriffs 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 sketch plan phase.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Francisco Granados fora Site Specific Development Plan
and Minor Subdivision Final Plan, MF #1056, for four (4) residential lots, Pheasant Meadow
Subdivision,on the hereinabove described parcel of land be,and hereby is,granted subject to the
following conditions:
1. Prior to Recording the Minor Subdivision Final Plat:
A. All sheets of the plat shall be labeled"Pheasant Meadow Minor Subdivision-
M F-1056."
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
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of this document prior to Board approval. The security for the agreement
shall be tendered and accepted by the Board of County Commissioners.
C. The Board of County Commissioners shall review and approve the
Agreement for Improvements for Weld County Road 60.5, 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.
D. 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.
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 Sheriff's 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 Lane and address the Sheriffs
Office recommendation.
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).
E. 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.
F. Application materials indicate Atmos Energywill be providing gas;however,
no "Will Serve" letter was included with the application. The applicants
representative, at the Utilities Coordinating Advisory Committee hearing,
indicated that propane may be utilized. The applicant shall submit written
evidence to the Department of Planning Services from Atmos Energy
indicating that it will service the lots, or the applicant shall amend
Section 11.10.m.of Article 11 of the Covenants to allow for propane tanks.
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G. 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
Homeowners'Association,along with the appropriate recording fee(currently
$6 for the first page and $5 for each additional page).
H. The applicant shall submit to the Department of Planning Services
Certificates from the Secretary of State showing the Pheasant Meadow
Homeowners'Association has been formed and registered with the State.
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.
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.
J. 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.
K. 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.
L. 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 E (Estate)Zone district.
2) The location of the group mailbox shall be moved out of the
right-of-way for Weld County Road 60.5 and onto Outlot A.
3) The applicant shall submit evidence that the appropriate postal
district has approved the location of the group mailbox and the
proposed street names and addresses.
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4) The plat shall include a signature block for the Weld County Planning
Commission.
5) The existing ten(10)foot easements on the north and east sides of
Lot 1 shall be amended to fifteen (15)feet.
M. 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
E (Estate)Zone District requirements as set forth in Chapter 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.
2) Water service shall be obtained from the North Weld County Water
District.
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.
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 Environment at
www.cdphe.state.co.us/wq /PermitsUnit for more information.
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 Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
6) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than five
(5)acres of land must incorporate all available and practical methods
that are technologically feasible and economically reasonable in order
to minimize dust emissions.
7) 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
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Pollution Emissions Notice,and apply for a permit from the Colorado
Department of Public Health and Environment.
8) Potential purchasers are hereby notified that Confined Animal
Feeding Operations are located within 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.
9) Potential purchasers are hereby notified that oil and gas wells,
separators, and related equipment may be loud, may pose a visual
nuisance, and will require on-going servicing, maintenance and
access via local roads.
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.
11) All landscaping within the sight distance triangles must be less than
3.5 feet in height at maturity.
12) There will be no on-street parking permitted within Pheasant
Meadows.
13) Weld County's Right to Farm, as stated on this plat, shall be
recognized at all times.
14) All signs on the site shall maintain compliance with Section 23-4-80
of the Weld County Code.
15) The site shall maintain compliance at all times with the requirements
of the Weld County Government.
16) 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 com ply with the Development Standards
stated herein and all applicable Weld County regulations.
17) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
18) A Homeowners'Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
owner. The Association is responsible for liability insurance, taxes
and maintenance of open space, streets, private utilities and other
facilities, along with the enforcement of the Covenants.
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19) The applicant or their agents may be required to obtain permits from
the Weld County Department of Public Works Utility Agent,for each
utility.
20) Building permits shall be obtained prior to the construction of any
building. Building permits are required for the principle dwelling and
for accessory buildings to the principle dwelling.
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.
22) Buildings shall conform to the requirements of the various codes
adopted at the time of permit application.
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.
24) Fire resistance of walls and openings, construction requirements,
maximum building height,and allowable areas will be reviewed at the
plan review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
25) 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.
26) 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.
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.
28) Oil and gas facilities within the property will be fenced to mitigate the
potential for tampering.
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N. 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).
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
of 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 on the property 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 17th day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
4 Is Li la WELD COUNTY, //COLORADO
T
86itfir William H Jerks, Chair
? V Id ty Clerk to the Board �,
��� ��� M. it Deputy Clerk to the Board ttiv(- �
id Long
jnt:::ey
Robert . Maslen 4 i eA
���/ _ Glenn Vaad
Date of signature: 2-5
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