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HomeMy WebLinkAbout20040666.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephen Mokray, 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-1001 PLANNER: Sheri Lockman APPLICANT: Carl Hill/Brett Hill LEGAL DESCRIPTION: Lot A of RE-3473; being part of the NW4 Section 20, T7N, R66W REQUEST: Minor Subdivision Final Plan for eight (8) Estate Zoned Lots (WB Farm Estates) LOCATION: South of and adjacent to CR 80; 1/4 mile east of CR 27. For a more precise location, see legal. 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. The site is within the three mile referral area for the Town of Severance. The Town indicated in a referral response received November 4, 2003, that the proposal did not conflict with their interests. B. Section 24-3-60.1.2 --That provisions have been made to preserve prime agricultural land. Although the subject property is categorized as "Prime" by the USDA "Farmlands of National Importance Map" dated 1979, Section 22-2-60.1 of the Weld County Code (A.Goal 9) indicates that eighty (80) acres is considered the minimum lot size for a viable farming operation. The subject parcel is 30 acres net in size and is presently in limited farming production. A portion of the site is wetlands, and the majority of the site is grazing lands. 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. One fire hydrant is being placed as requested by the Ault Fire Protection District. 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 will handle the effluent flow. The Weld County Department of Public Health and Environment has indicated that the application has satisfied Chapter 24 of the Weld County Code in regard to sewer service. 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 2004-0666 (V /0O( Resolution MF-1001 Carl Hill Page 2 The applicant has retained the wetlands area in an 4.23 acre outlot. The Weld County Building Inspection Department 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 Development is requiring septic systems to be designed for site-specific conditions. 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 wide gravel surface interior roadway. The proposal meets county requirements and was approved at the Change of Zone phase. 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. Conditions of Approval require the applicant to submit an off-site improvements agreement for a proportional share of the cost of upgrades to Weld County Road 80. 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. The covenants for W.B.Farm Estates do address the home owners responsibilities regarding the road right-of-way. I. Section 24-3-60.1.9 --The minors ubdivision i s not p art 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 highwaywill 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 C ounty Department o f Public Works has indicated in a referral response dated November 25, 2003 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 applicant is proposing eight (8) 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 Weld County Sheriffs Office indicated in a referral dated November 12, 2003 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. No other entities indicated concerns in servicing the site. Resolution MF-1001 Carl Hill 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 did not respond to referral requests. 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 scheduling the Board of County Commissioners hearing: A. Recorded Exemption 3473,Change of Zone MZ-1001 and the Deed of Dedication for the interior roadway were all signed by Carl Hill. However, prior to recording these documents, Mr. Hill sold the property to Wesley B.and Julie A.Hill.The applicant shall correct all errors regarding Mr.Hills signature and the actual owners of record to the satisfaction of the Weld County Attorney's Office. (Department of Planning Services). 2. Prior to Recording the Minor Subdivision Final Plat: A. All plats shall be labeled "W.B. Farms Estates Minor Subdivision - MF-1001" (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 preliminary Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) indicated a sum of $16,000 for landscaping. The applicant shall submit a itemized list of landscaping items for review and approval. (Department of Planning Services) D. The applicant shall submit a copy of the finalized agreement with North Weld County Water District. (Department of Planning Services) E. The preliminary Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)indicated a sum of$37,542 for electrical service.The applicant shall submit evidence from Poudre Valley REA indicating the amount is adequate to service the lots. (Department of Planning Services) F. The Board of County Commissioners shall review and approve an off-site improvements agreement for a proportional share of the cost of improvements to County Road 80. The applicant shall submit the original,appropriately signed and dated copy of this document prior to Board approval. (Department of Public Works) G. The covenants shall be amended to be compatible with the Weld County Code as follows: 1) Article XI,Section 6,Livestock,shall be amended to be,at a minimum, as restrictive as the Animal Units Tables located in Section 23-1-90 of the Weld County Code. (Department of Planning Services) 2) Article XIII, Section 1, Right to Farm, shall be amended to include the entire Right to Farm Statement as stated in Appendix 22-E of the Weld County Code. (Department of Planning Services) Resolution MF-1001 Carl Hill Page 4 H. The covenants shall be approved by the Weld County Attorney's Office. Finalized covenants and the appropriate recording fee (currently $6 per page) shall be submitted to the Weld County Department of Planning Services for recording. (Department of Planning Services) I. The applicant shall submit paperwork for the creation of the Home Owners Association. The paperwork shall be reviewed by the Weld County Attorney's Office. An approved,finalized copy along with the appropriate recording fee (currently $6 per page) shall be submitted to the Weld County Department of Planning Services for recording. (Department of Planning Services) J. The applicant shall submit evidence of Sheriffs Office approval of the proposed street name. (Sheriffs Office) K. The applicant shall submit evidence from the Weld County Department of Public Works indicating that they have met all Department conditions as follows: 1) A correction must be made to the easement call-out on the north Outlot on Sheet 1 of 1 for the Final Plat MF-1001. The easement should read: "20' UTILITY & ACCESS EASEMENT". 2) A modification must be made on Sheet 1 of 1 for the Cover Sheet. The Typical Section (roadway) shall note the gravel-surfaced roadway requires an 8-inch aggregate base course as reflected in the geotechnical report. 3) A revision must be made on the Street Plan and Profiles drawings. The internal road(edge of roadway radius) shall be shown and dimensioned as 50-feet for all cul-de-sacs. 4) Sight distance triangles at all entrances(including CR 80)and intersections shall be shown on the roadway plans. 5) The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway/construction plan drawings for review and approval. This is consistent with County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required." 6) The applicant shall prepare a construction detail for typical lot grading with respect to drainage to be included with the construction plans. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows,while taking into account adjacent drainage mitigation.(Department of Public Works) L. Prior to recording the final plat, the applicant shall provide written evidence from Weld County School District RE-9 which indicates that all district requirements have been met. (Department of Planning Services) M. A large brick mailbox has been built in the County Road 80 right-of-way. To address the safety concerns of the traveling public, the mailbox shall be removed and, if replaced, a standard mailbox shall be used. (Department of Planning Services) N. Easements shall be shown and dimensioned in accordance with County standards and Utility Board recommendations on the final plat.(Departments of Public Works and Planning Services) O. The plat shall be amended to delineate the following: 1) The location of the development identification sign. (Department of Planning Services, Weld County Sheriffs Office) 2) The location of the bus shelter for school children, including pull off area. (Department of Planning Services,Weld County Sheriffs Office) Resolution MF-1001 Carl Hill Page 5 3) The location of the mail box pedestal. (Department of Planning Services) 4) The applicant must show the 100-year storm inundation area on the final plat to distinguish it on the drawing. (Department of Planning Services) 5) The drainage report states that no homes or septic systems will be allowed within 75-feet of the easterly property boundary. This exclusion area must be shown on the final plat and labeled. 6) The legal description of the subdivision should read Lot A, RE-3473 instead of Lot B, RE- 1563. (Department of Planning Services) P. 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 eight(8)residential lots and one 4.23 acre outlot. (Department of Planning Services) 2) Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) 3) All landscaping within the triangles must be less than 3'/z feet in height at maturity. (Department of Public Works) 4) The homeowners association will accept and provide uninterrupted maintenance of WB Farms Road and Hill Road. (Department of Public Works) 5) There will be no on-street parking permitted within the minor subdivision. (Department of Planning Services) 6) A Weld County Septic Permit is required for each proposed septic system and 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) 7) 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 the 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) 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) "Weld County's Right to Farm", as stated on this plat, shall be recognized at all times. (Department of Planning Services) Resolution MF-1001 Carl Hill Page 6 12) The site shall maintain compliance at all times with the requirements of the Weld County Government. (Department of Planning Services) 13) 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) 14) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) 15) 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) 16) A separate building permit shall be obtained prior to any construction. Bus shelters, entrance gates and similar structures, if provided, require permits. (Building Inspection) 17) 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) 18) A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Building Inspection) 19) Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 1997 Uniform Building Code, 1998 International Mechanical Code, 1997 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Weld County intends to adopt the 2003 International Building,Residential,Mechanical,Plumbing and Fuel Gas Codes in the first quarter of 2004). (Building Inspection) 20) 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) 21) Building height,wall and opening protection and limitations and separation of buildings of mixed occupancy shall be in accordance with the Building Code. Setback and offset distances shall be determined by Chapter 23 of the Weld Count Code.(Building Inspection) 22) Building height shall be measured in accordance with the 1997 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. When measuring buildings to determine offset and setback requirements,buildings are measured to the farthest projection from the building. Property pins shall be located and identified and property lines sufficiently identified by strings so as to positively verify all setback and offset distances. (Building Inspection) 23) 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 24) All structure elevations must be one-foot above the 100-year storm flow elevation. (Department of Planning Services) Resolution MF-1001 Carl Hill Page 7 25) Groundwater was found at 8.5 to 12 feet below the surface. Groundwater levels can be expected to fluctuate with varying seasonal and weather conditions. (Department of Planning Services) 26) The relocation of a ditch shall be done so that water delivery to surrounding properties is not interrupted or altered. (Department of Planning Services) 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. (Sheriff's Office) Q. 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) 3. Upon completion of 1 and 2 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) 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 John Folsom 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 January 6, 2004. Dated the 6th of January, 2004. ifte t lam—' Voneen Macklin Secretary 7:00pm. Mr. Roberts stated that most of the time they will start at 6:00am but do not want to be limited in case of emergency. James Rohn motion was seconded by John Folsom. Motion carried with Bruce Fitzgerald voting no. Bruce Fitzgerald asked about Development Standard#27 regarding the number of employees. Mr. Carroll indicated that the existing layout is for eight employee parking spaces and six or seven customer slots. There is room on the lot in the overflow area. There is a requirement for off street parking and circulation as well as surfacing. Public Works would prefer recycled asphalt and the parking spots shall have wheel guards. Mr.Carroll suggests labeling the plat with the truck parking/employee parking areas. Mr. Fitzgerald indicated that 12 employees will be needed. Mr. Roberts stated that twelve would be fine. Bruce Fitzgerald moved to change Development Standard #27 to 12 employees. James Rohn seconded. Motion carried. Stephen Mokray moved that Case USR-1453,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 Rohn seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes;James Rohn,yes;Tim Tracy,yes; Bruce Fitzgerald, yes. Motion carried unanimously. James Rohn comments were inaudible due to the microphone not being on. CASE NUMBER: MF-1001 PLANNER: Sheri Lockman APPLICANT: Carl Hill/Brett Hill LEGAL DESCRIPTION: Lot A of RE-3473; being part of the NW4 Section 20, T7N, R66W LOCATION: South of and adjacent to CR 80; 1/4 mile east of CR 27. For a more precise location, see legal. REQUEST: Minor Subdivision Final Plan for eight (8) Estate Zoned Lots (WB Farm Estates) Sheri Lockman, Department of Planning Services presented Case MF-1001, 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. James Rohn asked why staff is recommending approval when the Sheriff referral indicates they cannot absorb any additional services. Ms. Lockman stated that intent of the referral from the Sheriff Department is to bring forth the need for funding from the Board of County Commissioners for additional officers. Bruce Fitzgerald asked about the addressing and requested that it be from the internal road. Ms. Lockman indicated she would get with Lin Dodge, Department of Planning Service, to ensure this was done correctly. Jim Rawson, representative, indicated he is available for questions. James Rohn asked about the soils test and the low load bearing quality. How will this be built on? Mr. Rawson indicated that the recommendation by the soils engineer was to use spread footings. This would spread the weight out to carry the weight of the foundation. Mr. Rohn asked "since these are required engineered foundations, what is the expected life of that type of foundation and is there going to be require repair in the future because of the soils? Mr. Ralston stated that the recommendation of the soils engineer took everything into consideration including the soil conditions and water content. They are planning on a permanent structure not a foundation that has limited life. Mr. Rohn asked if the soil type and specialize. foundation will be disclosed to the potential buyers. Mr. Ralston indicated that the buyers will receive a soil report and the recommendation from the soils engineer. The Chair asked if there was anyone in the audience who wished to speak for or against this application. N m g one wished to speak. K W V(1 E +•rao•. James Rohn asked Mr.Schei about the soil type and possible erosion.Mr.Schei stated that there was nothing outstanding contained in the soils report. John Folsom asked if it was general procedure of Public Works to accept what a qualified engineer recommends. Mr. Schei stated there will be inspections at each building site. An engineer would make a recommendation for the situation. Mr.Folsom stated that the engineers recommendation is what is accepted. Mr. Miller added that this is the reason for having an engineered foundation, the design the best option for individual areas. James Rohn commented that his comments are from the West Greeley Conservation District that tells the soil texture and whether the soil on site was the type that eroded. Mr. Miller asked what the point of the question was. Mr. Rohn indicated he was concerned about future buyers and whether the area is safe for them. Mr. Miller asked in what respect. Mr. Rohn stated that the concern was for erosion and damaged foundations. Mr. Miller stated that an engineer has to review and design the foundation, if it is found to be unsafe then that will be the recommendation. John Folsom added that the issue with foundations has been more with expansive soils with limited load bearing. Ms.Lockman stated that during the sketch plan phase a referral was sent to the Colorado Geological Survey and they have a two page referral stating recommendations for the applicant to adhere to. These recommendations have been included as a condition. Ms. Lockman read from the referral and it stated "in summary there are no geological conditions present at this site that would preclude the proposed development." Peter Schei added that there was nothing in the geotechnical report to alert him. The report indicated that a spread footing foundation can be used. Stephen Mokray moved that Case MF-1001,be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. John Folsom seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes;James Rohn, no;Tim Tracy,yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried. James Rohn indicated his reason for denial was based on Section 24-3-60 number 1, 5, 15, 16. Mr. Miller asked what those sections were for clarification. Mr. Rohn stated that"these are the areas in which we are to see that they have- 24-3-5 is our responsibility to looking this up, number 5 is the soils, #15 is the fire Department and Sheriff Department, #16-undo adverse affect on wildlife." Mr. Miller asked about the undo affect on wildlife and if he would elaborate. Mr. Rohn stated that"as a question written#P, I have previously reviewed this area- it is bordering of low lands-my concern is with wild animals particularly bird type life and the fox and other animals." Mr. Miller asked for clarification with regards to the soils and not being satisfied with the report from a qualified engineer that it can be built on. Mr. Rohn stated"I worry about the way we are -the position that might put on future land owners of that area." Meeting adjourned at 4:05pm Respectfully submitted Voneen Macklin Secretary Hello