HomeMy WebLinkAbout20041257.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom, along with the addition of 1J and 1 D, 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-1017
APPLICANT: Jeff Stamp
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B, Corrected RE-2462; part SW4 Section 36, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plan for nine (9) lots with E (Estate)Zoning.
LOCATION: North of and adjacent to CR 38; 1/2 mile west of CR 13.
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 Staff 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 Towns of Berthoud, Johnstown and Mead.
The Town of Johnstown indicated no comment on the referral request received February 10,
2004.The Town of Berthoud indicated in a referral response received February 10,2004 that
they had no conflict with the proposal.The Town of Mead stated that they continue to object
to the approval of Stamp Minor Subdivision as an unincorporated project and that it should
be referred to the Town for possible annexation. However, at this time, there is no
Intergovernmental agreement with the Town of Mead.
B. Section 24-3-60.1.2-- That 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 water associated with the property
is not adequate for a viable farming operation.
C. Section 24-3-60.1.3 — That provisions have been made for a public water supply that is
sufficient in terms o f quantity, dependability and quality t o provide water for the minor
subdivision, including fire protection. The applicant has an Agreement for Water Main
Extension in place with Little Thompson Water District.The applicant has indicated that one-
half share of Highland Ditch water will be given to the Home Owners Association for irrigation
purposes. Fire Protection will be provided by the Mountain View Fire Protection District.
Mountain View has indicated t hat each d welling s hall b e s prinklered with a n a pproved
residential pump and storage tank system.
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 March 2,
2004,the Weld County Department of Public Health and Environment indicated no concerns
with the proposed Individual Sewage Disposal Systems (ISDS).
a- 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 Olt
such conditions. All concerns indicated by the Colorado Geological Survey and Weld Count
Department of Public Works have been addressed. ;
2004-1257 .,
Resolution MF-1017
Jeff Stamp
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. The applicant is proposing a interior roadway with 60 feet of right-of-way for two
12 foot gravel lanes and 4 foot shoulders.The Weld County Department of Public Works has
accepted the final roadway plan drawings submitted by the applicant.
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 to County Road 38 for Road Stabilization and
Dust Control. The agreement requires to be 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. The Stamp Minor Subdivision
covenants ensure property owners understand their obligations.
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 -- 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.
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 (Red Tail 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 has accepted the final drainage
plan drawings submitted by the applicant.
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.
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. All applicable entities have indicated the ability to serve the site.As they did at the
Change of Zone, the St. Vrain Valley School District has requested denial based on the
districts already overcrowded school facilities.
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's recommendation for approval is conditional upon the following:
1. Prior to Recording the Minor Subdivision Final Plat:
A. All pages of the plat shall be labeled: MF-1017 (Department of Planning Services)
Resolution MF-1017
Jeff Stamp
Page 3
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 38, Road
Stabilization for Dust Control. This agreement shall be approved by the Board of County
Commissioners prior to recording the final plat.(Departments of Public Works and Planning
Services)
D. 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. Section 8.1.e.2 of the covenants shall
be amended to follow Section 23-4-80.A.1 of the Weld County Code. The word insurance
shall be correctly spelled on page 25 of the covenants. Further, language for the
preservation and/or protection of the second absorption field envelopes shall be placed in the
development covenants along with a description of the management of the irrigation water.
(Departments of Planning Services and Public Health and Environment)
E. The applicant shall submit a deed transferring ownership of share of Highland irrigation
water to the Homeowners Association along with the appropriate recording fee(currently$6
for the first page and $5 for subsequent pages)to the Weld County Department of Planning
Services. (Department of Planning Services)
F. The plat shall be amended to indicate a twenty(20)foot wide utility easement and a twenty
(20)foot wide Central Weld County Water District exclusive easement along the south side
of Lot 1. (Utility Advisory Committee)
G. The Platteville Postal Service will not deliver mail into a subdivision which does not have a
county maintained road. Mail at this site is delivered on the south side of County Road 38.
To ensure the safety of the traveling public The plat shall be amended to show a pull-off to
be constructed on the south side of County Road 38. (Department of Planning Services)
H. If a development sign is desired, the location of the sign shall be delineated on the plat for
review and approval. (Department of Planning Services)
The applicant shall submit evidence that an agreement has been entered into with the St.
Vrain Valley School District to pay the cash-n-lieu payment of$645 per lot or submit evidence
that the School District is satisfied with the applicants proposal that the individual lot owners
pay the fee at the time of building permit. (Department of Planning Services)
J. The Final Plat is conditional upon the following and that each be placed on the Final Plat as
notes prior to recording:
1) Stamp Minor Subdivision shall consist of nine(9)residential lots with E(Estate)Zone
District uses as set forth in Chapter 23, Article III, 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 Little Thompson Water District. (Department of
Public Health and Environment)
Resolution MF-1017
Jeff Stamp
Page 4
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 maximum seasonal high groundwater, poor soils, and
shallow bedrock. (Department of Public Health and Environment)
5) Activities such as landscaping (i.e. planting of trees and shrubs) and construction
(I.E.auxiliary structures,dirt mounds,etc.)Are expressly prohibited in the designated
absorption field site. (Department of Public Health and Environment)
6) 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)
7) 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)
8) 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)
9) 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)
10) Appendix 22-E of the Weld County Code, Weld County's Right to Farm, as
delineated on this plat shall be recognized at all times. (Department of Planning
Services)
11) 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)
12) The site shall maintain compliance at all times with the requirements of the Weld
County Government. (Department of Planning Services)
13) 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)
14) 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)
15) All landscaping within the triangles must be less than 31/2 feet in height at maturity.
(Department of Public Works)
Resolution MF-1017
Jeff Stamp
Page 6
16) Building sites should be sited on as high as possible to take advantage of positive
drainage. Subgrade construction should include perimeter drains that daylight to
protect against the buildup of hydrostatic pressure near foundation walls. (Colorado
Geological Survey)
17) Individual Sewage Disposal Systems should be designed based on the percolation
rates specific to soils within an identified leach field area. A profile hole or test pit
should be advanced to a minimum of 8 feet below ground level to determine whether
groundwater is present (or might be present seasonally). (Colorado Geological
Survey)
18) All residences within Stamp Minor Subdivision will be sprinklered for further
protection against fire. (Mountain View Fire Protection District)
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 b e 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 iinternatinal
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) Should the Platteville Postal Service,Weld County Department of Planning Services
and Weld County Department of Public Works approve an alternative site for mail
delivery, creation of the pull-off on the south side of County Road 38 may be
abandoned. (Department of Planning Services)
25) Sources of light s hall be shielded sot hat I ight rays w ill 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) 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 Mountain View Fire Protection District for review.
(Mountain View Fire Protection District)
Resolution MF-1017
Jeff Stamp
Page 7
27) 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)
28) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
29) Outdoor storage shall be screened from public rights-of-way, and adjacent
properties. (Department of Planning Services)
30) The site shall be developed in accordance with the recommendations contained in
the geotechnical report dated July 12, 2002 by Church and Associates, Inc.
(Colorado Geological Survey)
31) Unpaved subdivision internal roadways are not maintained by Weld County.
Maintenance of Red Tail Court will be the responsibility of the Homeowners
Association. (Department of Planning Services)
32) There will be no on-street parking permitted within Stamp minor subdivision.
(Department of Planning Services)
33) Construction on any ditch which carries water to surrounding properties shall be
done so that the delivery of water is not impaired.(Department of Planning Services)
34) The applicant will be required to reserve 25 feet of right of way on CR 38 in addition
to the 30 feet of dedicated right of way for a total of 55 feet.
K. 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)
2. Prior to issuance of building permits:
A. 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 Mountain View Fire Protection
District for review. Evidence of Fire District approval shall be submitted to the Weld County
Building Inspection Department. (Mountain View Fire Protection District)
Motion seconded by Stephen Mokray
Resolution MF-1017
Jeff Stamp
Page 8
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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 March 16, 2004.
Dated the 16th of March, 2004.
•
(_A\ G Q,r
Voneen Macklin
Secretary
Hello