HomeMy WebLinkAbout20041256.tiff RESOLUTION
RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN,
MF #1017, FOR NINE (9) LOTS WITH E (ESTATE) ZONING - JEFF STAMP
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 19th day of
May, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Jeff Stamp, P.O. Box 1198, Longmont, Colorado 80502, for a Site Specific
Development Plan and Minor Subdivision Final Plan, MF #1017, for nine (9) lots with E (Estate)
Zoning, on the following described real estate, to-wit:
Lot B of Recorded Exemption #2462; part of the
SW1/4 of Section 36, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Todd Hodges , Todd Hodges Design, LLC,
1269 North Cleveland Avenue, Loveland, Colorado 80537, at said hearing, and
WHEREAS,Section 24-3-60 of the Weld County Code provides standards for review of said
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 Services staff and 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 applicants have
shown compliance with Section 24-3-60.P 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 (UGB) or Intergovernmental Agreement (IGA) 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
it had no conflict with the proposal.The Town of Mead expressed opposition
to the approval of the 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 IGA with the Town of Mead.
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MINOR SUBDIVISION FINAL PLAN, MF #1017 - JEFF STAMP
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b. Section 24-3-60.1.2 -- Provisions have been made to preserve prime
agricultural land. Most of the site is designated "Prime" by the U.S.D.A.
"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—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 applicant has
an Agreement for Water Main Extension in place with the Little Thompson
Water District. The applicant has indicated that a one-half share of Highland
Ditch water will be given to the Homeowners' Association for irrigation
purposes. Fire protection will be provided by the Mountain View Fire
Protection District. Mountain View has indicated that each dwelling shall be
sprinklered with an approved 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.
e. Section 24-3-60.1.5--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. All concerns indicated by
the Colorado Geological Survey and Weld County Department of Public
Works have been addressed.
f. Section 24-3-60.1.6--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 four-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--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 Weld County Road 38 for Road Stabilization and Dust Control. The
agreement requires approval prior to recording the Final Plat.
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MINOR SUBDIVISION FINAL PLAN, MF#1017 - JEFF STAMP
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h. Section 24-3-60.1.8 --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--There will be no on-street parking permitted within the
Minor Subdivision. A note on the plat will be 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.
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 — Facilities providing drainage and stormwater
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 — 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—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 district's already
overcrowded school facilities.
p. Section 24-3-60.1.16—The Minor Subdivision will not have an undue adverse
effect on wildlife and its habitat, the preservation of agricultural land, or
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 its interests.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Jeff Stamp,fora Site Specific Development Plan and Minor
Subdivision Final Plan, MF #1017, for nine (9) lots with E (Estate) Zoning, on the hereinabove
described parcel of land be, and hereby is, granted subject to the following conditions:
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1. Prior to Recording the Minor Subdivision Final Plat:
A. All pages of the plat shall be labeled MF-1017.
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.
C. The applicant has submitted an Agreement for Improvements to Weld
County Road 38, Road Stabilization for Dust Control. This agreement shall
be approved by the Weld County Board of Commissioners prior to recording
the final plat.
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.
E. The applicant shall submit a deed transferring ownership of a one-half 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.
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.
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 Weld 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 Weld County Road 38.
H. If a development sign is desired,the location of the sign shall be delineated
on the plat for review and approval.
The applicant shall submit evidence that the agreed upon cash-in-lieu
payment of $781 per lot for the High School and $648 per lot for the
Elementary School has been paid to the St. Vrain Valley School District.
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J. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
1) The 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.
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.
3) Water service shall be provided by the Little Thompson Water
District.
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 (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.
5) Activities such as landscaping(i.e.planting of trees and shrubs)and
construction (i.e. auxiliary structures, dirt mounds, etcetera) are
expressly prohibited in the designated absorption field site.
6) 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.
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 Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
8) 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.
9) 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.
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.
11) Effective January 1,2003, Building Permits issued on the lot will be
required to adhere to the fee structure of the County-Wide Road
Impact Program.
12) The site shall maintain compliance at all times with the requirements
of the Weld County Government.
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.
14) 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 streets,private utilities and other facilities,along
with the enforcement of the covenants.
15) All landscaping within the sight triangles must be less than 3.5 feet
in height at maturity.
16) Building sites should be at the highest elevation to take advantage of
positive drainage. Subgrade construction should include perimeter
drains that surface to daylight to protect against the buildup of
hydrostatic pressure near foundation walls.
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
eight(8)feet below ground level to determine whether groundwater
is present, or might be present seasonally.
18) All residences within the Stamp Minor Subdivision will be sprinklered
for further protection against fire.
19) A Plan Review is required for each building. 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
have been adopted by Weld County:2003 International Residential
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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.
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 be designed by a Colorado registered engineer.
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 International 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.
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.
24) Should the Platteville Postal Service and Weld County Departments
of Planning Services and Public Works approve an alternative site for
mail delivery,creation of the pull-off on the south side of Weld County
Road 38 may be abandoned.
25) Sources of light shall be shielded so that light rays will not shine
directly onto adjacent properties where such would cause a nuisance
or interfere with the use on the adjacent properties.
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.
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.
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28) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
29) Outdoor storage shall be screened from public rights-of-way and
adjacent properties.
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.
31) Unpaved subdivision internal roadways are not maintained by Weld
County. Maintenance of Red Tail Court will be the responsibility of
the Homeowners' Association.
32) There will be no on-street parking permitted within the Stamp Minor
Subdivision.
33) Construction on any ditch which carries water to surrounding
properties shall be done so that the delivery of water is not impaired.
34) The applicant will be required to reserve 25 feet of right of way on
Weld County Road 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.eoo. 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 the
Department of Planning Services. 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.
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 Department of
Building Inspection.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of May, A.D., 2004.
` BOARD OF COUNTY COMMISSIONERS
EtL/,J`` W D COUNTY, COLORADO
Robert D. Masden, Chair
ISM e � C lerk to the Board
® ���� William H. J•'rke, Pro-Tem
eputy Clerk to the Board 92r,-77 4
M. J.
AP OV AST
David E ong
unty Atto e
Glenn' aad /
Date of signature: .St 7-P 9
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