HomeMy WebLinkAbout20042488.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR SUBDIVISION FINAL
PLAN, MJF#1062, HILL-N-PARK THIRD FILING, FOR THIRTEEN (13) RESIDENTIAL
LOTS IN THE R-5 (MOBILE HOME RESIDENTIAL) ZONE DISTRICT - JER, A
PARTNERSHIP
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 8th day of
September,2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of JER, a partnership, P.O. Box 632, Greeley, Colorado 80632, for a Site Specific
Development Plan and Major Subdivision Final Plan,MJF#1062, Hill-n-Park Third Filing,for thirteen
(13)residential lots in the R-5 (Mobile Home Residential)Zone District on the following described
real estate, to-wit:
Lot B Hill-n-Park Subdivision;being part of the SW1/4
of Section 26, Township 5 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Michael Thomas at said hearing, and
WHEREAS,Section 24-4-40 of the Weld County Code provides standards for review of said
Final Plat, 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 24-4-40.D of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 24-4-40.E of the Weld County Zoning Ordinance as follows:
a. Section 24-4-40.E.7.a—The proposal is consistent with Chapter 22 of the
Weld County Code, the existing or future development of the surrounding
area as permitted by the existing zoning and with the future development as
projected by Chapter 22, and the Comprehensive Plan or Master Plan of
affected municipalities and intergovernmental agreements.
1) Section 22-2-190.A(R.Goal 1)states,"Ensure that adequate public
services and facilities are currently available or reasonably obtainable
to serve the residential development." The City of Evans has taken
over the Hill-n-Park Wastewater Treatment Plant. Municipal water
and sewage disposal is proposed to be provided by the City of
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Evans. The City has reviewed the proposal and its requirements are
addressed through the attached Conditions of Approval.
2) Section 22-2-190.C(R.Goal 3)states,"Urban residential uses will be
encouraged when the subject site is located inside an approved
intergovernmental agreement area, urban growth boundary area. . ."
The proposed development is within the City of Evans Urban Growth
Boundary. The City of Evans, in its referral received July 6,2004, is
requesting that the applicant dedicate an additional ten (10)feet of
right-of-way for 49th Street.
b. Section 24-4-40.E.7.b—The proposed development is in compliance with
Chapter 23 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. According to Section 23-3-150.6.1,
one mobile home, manufactured home,or single family dwelling per lot is a
Use by Right in the R-5(Mobile Home Residential)Zone District,as long as
the lots are connected to public water and public sewer. According to the
application,the lots will be connected to the City of Evans water and sewer.
c. Section 24-4-40.E.7.c— Comments received from referral agencies have
been addressed. The Utilities Coordinating Advisory Committee reviewed
and conditionally approved the Hill-n-Park Third Filing for thirteen (13)
residential lots in the R-5 (Mobile Home Residential) Zone District at its
July 8, 2004 meeting. The concerns of the Utilities Coordinating Advisory
Committee are addressed in the Conditions of Approval. Concerns from
other referral agencies are also addressed in the Conditions of Approval.
d. Section 24-4-40.E.7.d—Definite provision has been made for a water supply
that is sufficient in terms of quantity, dependability, and quality to provide
water for the subdivision, including fire protection. The applicant has
indicated that approximately 13 water and sewer taps are remaining and
available. The available water lines are adjacent to the property and no line
extensions or other upgrades will be needed.
e. Section 24-4-40.E.7.e--A public sewage disposal system is proposed,and
provision has been made for the system. Provision has been made for
sanitary sewer through the City of Evans.
f. Section 24-4-40.E.7.f — The streets within the major subdivision will be
adequate in functional classification, width and structural capacity to meet
the traffic needs of the subdivision in accordance with the requirements set
forth in the Weld County Code. In accordance with Section 27-2-19 of the
Weld County Code, interior streets are required to be paved in a major
subdivision. The streets that surround the proposed development
(Yellowstone Drive, Yosemite Drive, and Hill-n-Park Drive) are paved and
maintained by Weld County.
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g. Section 24-4-40.E.7.g—Off-site street or highway facilities providing access
to the subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the subdivision in
accordance with the requirements set forth in Chapter 24,Article VII, of the
Weld County Code. 49th Street is under the jurisdiction of the City of Evans.
In its referral received July 6,2004,the City of Evans requested an additional
ten (10) feet of right-of-way be deeded to the City.
h. Section 24-4-40.E.7.h — Facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works
has approved the primary drainage report for the proposal.
Section 24-4-40.E.7.i — The subdivision will not cause an unreasonable
burden on the ability of local governments or districts to provide fire and
police protection,hospital,solid waste disposal and other services. The City
of Evans has committed to service the proposal with water and sewage
disposal. The Milliken Fire Protection District, in its referral dated July 16,
2004, had no concerns with the proposed development. However,they do
want to be present when new fire hydrants are being installed. Weld County
School District 6, in its referral dated June 15,2004,expressed no concerns
with this proposed development. The Weld County Sheriffs Office, in its
referral dated June 15, 2004, had no concerns about the proposed
development. However,they do want to review the names of the streets and
address within the development.
j. Section 24-4-40.E.7.j--The subdivision will not cause air pollution violations
based on Colorado Department of Public Health and Environment standards.
The Weld County Department of Health and Environment reviewed the
proposal and does not have air pollution concerns.
k. Section 24-4-40.E.7.k—The Weld County Departments of Public Works and
Planning Services have reviewed the proposal and have determined that it
is in conformance with the Design Standards of Chapter 24,Article VII,of the
Weld County Code.
Section 24-4-40.E.7.1—The subdivision will not have an undue adverse effect
on wildlife and its habitat,the preservation of agricultural land, and historic
sites. The proposed development is located on 3.5 acres, which is too
small to be a viable farming operation in accordance with Section 22-2-60.1
of the Weld County Code. In the Division of Wildlife's referral dated June 17,
2004, they had reviewed the request and found no conflicts with their
interests.
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of JER,a partnership,fora Site Specific Development Plan
and Major Subdivision Final Plan, MJF#1062, Hill-n-Park Third Filing,for thirteen(13)residential lots
in the R-5(Mobile Home Residential)Zone District on the hereinabove described parcel of land be,
and hereby is, granted subject to the following conditions:
1. Prior to Recording the Major Subdivision Final Plat:
A. The Final plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled MJF-1062.
2) The applicant shall address all issues indicated in the Weld County
Department of Public Works'referral dated June 21,2004. Evidence
of approval by the Department of Public Works shall be submitted to
the Department of Planning Services.
3) The applicant shall reference Section 2-13-70.H.1.a.7 of the Weld
County Code, which requires cul-de-sacs running east/west to be
named "Place."
4) The plat shall show the rights-of-way for 49th Street, Hill-n-Park
Drive, Yosemite Drive, and Yellowstone Drive.
B. The Board of County Commissioners shall review and approve the signed
and dated Improvements Agreement According to Policy Regarding
Collateral for Improvements(Public Road Maintenance),including the form
of collateral. The security for the Agreement shall be tendered and accepted
by the Board of County Commissioners.
C. The applicant shall submit the name of the street within the proposed
development,along with the street addresses,for review to the Weld County
Sheriffs Office, Postal Service, and emergency responders. Evidence of
their approval shall be submitted to the Department of Planning Services.
D. The applicant shall contact the City of Evans to determine if there are any
off-site transportation infrastructure improvements. Evidence of such shall
be submitted to the Departments of Public Works and Planning Services.
E. The applicant shall address the requirements and concerns of the City of
Evans, as stated in the referral response received July 6, 2004. Evidence
of such shall be submitted in writing to the Weld County Department of
Planning Services.
F. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
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G. The applicant shall dedicate OutlotAto the Homeowners'Association to be
used as open space. Written evidence of such shall be submitted to the
Department of Planning Services.
H. 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 covenants.
The applicant shall provide the Weld County Department of Planning
Services with a Certificate of Good Standing from the Secretary of State's
Office showing they have incorporated or otherwise formally organized the
Homeowners' Association.
J. The applicant shall submit covenants for the proposed development. The
covenants shall be approved by the Weld County Attorney's Office. Prior to
recording the plat,the applicant shall provide the Weld County Department
of Planning Services with the finalized covenants and appropriate fees.
K. The applicant shall attempt to address the requirements and concerns of the
City of Greeley, as stated in the referral response dated July 7, 2004.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
L. The following notes shall be placed on the plat:
1) The Major Subdivision Final Plan shall consist of thirteen (13)
residential lots in the R-5 (Mobile Home Residential)Zone District.
The Final Plat shall comply with the R-5 Zone District requirements
as set forth in Chapter 23 of the Weld County Code.
2) Water and sewage services shall be obtained from the City of Evans.
3) All landscaping within the site distance triangles must be less than
3.5 feet in height at maturity,and noted on the Landscape Plan. The
bus stop bench and mailboxes must be outside the sight distance
triangles.
4) Weld County's Right to Farm, as stated on this plat, shall be
recognized at all times.
5) The site shall maintain compliance at all times with the requirements
of Weld County Government.
6) Personnel from the Weld County Government shall be granted
access onto the property at any reasonable time in order to ensure
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the activities carried out on the property comply with the Weld County
Regulations.
7) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
8) If required,the applicant shall obtain a Stormwater Discharge Permit
from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the
construction phase of the project.
9) 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.
10) Building Permits shall be obtained prior to the construction of any
building.
11) 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.
12) Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Current adopted
codes include the 2003 International Building Code,2003 International
Mechanical Code,2003 International Plumbing Code,2002 National
Electrical Code, and Chapter 29 of the Weld County Code.
13) 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.
14) Fire resistance of walls and openings, construction requirements,
maximum building height,and allowable areas will be reviewed at the
plat review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
15) Building height shall be measured in accordance with the 2003
International Building Code for the purpose of determining the
maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the Weld
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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.
16) 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.
2. Prior to Installation:
A. The applicant shall contact the Milliken Fire Protection District prior to
installing the fire hydrants, as stated in the referral response dated July 16,
2004.
3. The Final Plat map shall be submitted to the Department of Planning Services for
recording within thirty(30)days of approval by the Board of County Commissioners.
With the Final Plat map, the applicant shall submit a digital file of all drawings
associated with the Final Plat 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 above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
4 E La )4 n W D COUNTY, COLORADO
Robert D. Masden, Chair
1861t - d� Clerk to the Board
�(� William H rke, Pro-Tem
, : -BYAd,
.Deputy Clerk to the Board /i6.•
M. J.
APP AST M:
David . Long
unty Attorn y
Glenn Vaa
Date of signature: _097Lti
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