HomeMy WebLinkAbout20040665.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN, MF #1001, FOR EIGHT (8) ESTATE ZONED LOTS (W.B. FARM ESTATES) -
CARL HILL, C/O WESLEY AND JULIE HILL
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,a public hearing was held on the 24th day of March,2004,at 10:00 a.m.for the
purpose of hearing the application of Carl Hill do Wesley and Julie Hill, 13388 Weld County Road
80, Eaton, Colorado 80615, requesting a Site Specific Development Plan and Minor Subdivision
Final Plan, MF #1001, for eight (8) Estate Zoned lots (W.B. Farm Estates), fora parcel of land
located on the following described real estate, to-wit:
Lot A of Recorded Exemption#3473;being part of the
NW1/4 of Section 20, Township 7 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented at said hearing byJames Rawson,Snowdance
Development Company, 1750 25th Avenue, Suite 305, Greeley, Colorado 80634, and
WHEREAS,Section 24-3-50 of the Weld County Code provides standards for review of such
a Minor Subdivision Final Plan, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission,and,having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 24-3-50 of the Weld County Code.
2. The request is in conformance with Section 24-3-60.P as follows:
a. Section 24-3-60.P.1 --There is compliance with Chapters 23 and 24 of the
Weld County Code and the Zone District in which the proposed use is
located. The proposed site is not influenced by an Intergovernmental
Agreement; however, it is within the three-mile referral area for the Town of
Severance. The Town indicated in a referral response received November4,
2003, that the proposal did not conflict with its interests.
b. Section 24-3-60.P.2 -- Although the subject property is categorized as
"Prime"by the U.S.D.A."Farmlands of National Importance Map"dated 1979,
Section 22-2-60.1 (A.Goal 9)of the Weld County Code 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.
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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. One fire hydrant is being
placed as requested by the Ault Fire Protection District.
d. Section 24-3-60.P.4-- 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.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 the proposed uses of
these areas are compatible with such conditions. The applicant has retained
the wetlands area in an 4.23-acre outlot. The Weld County Department of
Building Inspections is requiring each building to have an engineered
foundation based on a site-specific geotechnical report or an open hole
inspection performed bya 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.P.6--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 of the Weld County Code. 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 will be adequate in functional
classification,width,and structural capacity to meet the traffic requirements
of the Minor Subdivision. The 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.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. The Covenants for W.B. Farm Estates do address the
homeowners' responsibilities regarding the road right-of-way.
Section 24-3-60.P.9 --The Minor Subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated townsite.
j. Section 24-3-60.P.10--There will be no on-street parking permitted within
the Minor Subdivision.
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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 —That facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works
has indicated in a referral response dated November 25, 2003, that it has
accepted Drainage Report submitted by the applicant.
n. Section 24-3-60.P.14 — 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.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
Sheriff's Office indicated in a referral dated November 12,2003,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.P.16—The Minor Subdivision will not have an undue adverse
effect on wildlife and its habitat, the preservation of agricultural land, or
historical sites. The Division of Wildlife did not respond to referral requests.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Carl Hill, do Wesley and Julie Hill for a Site Specific
Development Plan and Minor Subdivision Final Plan,MF#1001,for eight(8)Estate Zone lots(W.B.
Farm Estates), on the above referenced parcel of land be, and hereby is, granted subject to the
following conditions:
1. Prior to Recording the Minor Subdivision Final Plat:
A. All plats shall be labeled"W.B.Farms Estates Minor Subdivision-MF-1001".
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 an appropriately signed and dated original 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 applicant shall submit a copy of the finalized agreement with the North
Weld County Water District.
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D. 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.
E. The Board of County Commissioners shall review and approve an Off-site
Improvements Agreement for a proportional share of the cost of
improvements to Weld County Road 80. The applicant shall submit the
appropriately signed and dated original of this document prior to Board
approval.
F. 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.
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.
G. 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.
H. The applicant shall submit paperwork for the creation of the Homeowners'
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.
The applicant shall submit evidence of approval by the Weld County Sheriff's
Office of the proposed street name.
J. 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 eight (8) inch aggregate base course as
reflected in the Geotechnical Report.
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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 Weld County
Road 80) and intersections shall be shown on the roadway plans.
5) The applicant shall submit stamped, signed, and dated final plat
drawings and roadway/construction plan drawings to the Department
of Public Works for review and approval. This is consistent with
Section 24-3-50 of the Weld County Code which states, "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
stormwater flows, while taking into account adjacent drainage
mitigation.
K. 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.
L. Easements shall be shown and dimensioned in accordance with County
standards and Utilities Coordinating Advisory Committee recommendations
on the final plat.
M. The plat shall be amended to delineate the following:
1) The location of the development identification sign.
2) The location of the bus shelter for school children, including pull off
area.
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3) The location of the mail box pedestal.
4) The applicant must show the 100-year storm inundation area on the
final plat to distinguish it on the drawing.
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.
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N. Prior to Release of Collateral:
1) A large brick mailbox has been built in the Weld 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.
O. 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 E(Estate)Zone uses and shall comply with
the E (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.
2) Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
3) Water service shall be obtained from the North Weld County Water
District.
4) All landscaping within the triangles must be less than 3.5 feet in
height at maturity.
5) The Homeowners'Association will accept and provide uninterrupted
maintenance of WB Farms Road and Hill Road.
6) There will be no on-street parking permitted within the Minor
Subdivision.
7) 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 (I.S.D.S.) 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.
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.
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10) 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.
11) 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
Pollution Emissions Notice,and applyfora permit from the Colorado
Department of Public Health and Environment.
12) "Weld County's Right to Farm", as stated on this plat, shall be
recognized at all times.
13) The site shall maintain compliance at all times with the requirements
of Weld County Government.
14) 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 complywith the Conditions of Approval stated herein and
all applicable Weld County Regulations.
15) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
16) 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.
17) A separate Building Permit shall be obtained prior to any
construction. Bus shelters, entrance gates and similar structures,
if provided, require permits.
18) No development activity shall commence, nor shall any Building
Permits be issued on the property until the Final Plan has been
approved and recorded.
19) 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.
20) 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: 2003 International Building,
Residential, Mechanical, Plumbing and Fuel Gas Codes, 2002
National Electrical Code,and Chapter 29 of the Weld County Code.
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21) 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.
22) 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.
23) 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
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.
24) 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.
25) All structure elevations must be one foot above the 100-year storm
flow elevation.
26) 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.
27) The relocation of a ditch shall be done so that water delivery to
surrounding properties is not interrupted or altered.
28) 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.
P. 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).
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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
the Board of County Commissioners Resolution was signed. The applicant shall be
responsible for paying the recording fee.
3. No development activity shall commence,nor shall any Building Permits be issued,
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 24th day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD �
COUNTY, C LLORADO
ATTEST: Mfg/4,EL�%`
1" `Robert D. Masden, Chair
Weld County Clerk to th- :oa ' ``
r .�
a� C illiam H. rke, Pro-Tem
By: Zi Deputy Clerk to the Bo: . ( j \ >�
��..I M. J. e
�DAST ` Ctt, FOG
_ . David E. Lon
County-Attc ney
Glenn Vaair
Date of signature: 34
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