HomeMy WebLinkAbout20030942.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, 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-589
PLANNER: Sheri Lockman
APPLICANT: Ric Hansen
LEGAL DESCRIPTION: Lot A of RE-3212; being part SW4 Section 31, T8N, R66W
REQUEST: Minor Subdivision Final Plan for four(4) residential lots
LOCATION: North of and adjacent to WCR 86; 3/4 mile west of WCR 29. 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 Towns of Pierce and Ault.The Town of Pierce indicated
in a referral response received February 26, 2003, that the proposal did not conflict with
their interests.The Town of Ault indicated that they were objecting to further positive action
on the case based on a debt owed to the Town by the property owner, Ric Hansen.
B. Section 24-3-60.1.2--That provisions have been made to preserve prime agricultural land.
The subject property is categorized as "Other" by the USDA "Farmlands of National
Importance Map" dated 1979.
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.As approved at the change of
zone, water for fire protection will be brought to the site by tankers.A note on the plat has
been required which states that it is highly suggested that residences be sprinklered for
further protection.
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 in a referral response dated
February 13, 2003 that the application has satisfied Chapter 24 of the Weld County Code�+
in regard to sewer service.
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E. Section 24-3-60.1.5 -- That all areas of the minor subdivision which may involve soil or 10
topographical conditions presenting hazards or requiring special precautions have been ici) U)
identified by the subdivider and that the proposed uses of these areas are compatible with x #F
such conditions. W
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Resolution MF-589
Ric Hansen
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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.
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 requested a waiver from the pavement requirement at the change of zone
phase and was approved by the Board of County Commissioners. Conditions of Approval
will guarantee that streets within the minor subdivision are adequate.
G. Section 24-3-60.1.7 -- That off-site street o r highway facilities providing a ccess t o 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 86.
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.
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.
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.
M. Section 24-3-60.1.13—That facilities providing drainage and stormwater management are
adequate.
The applicant did submit a drainage study with the Final Plan application. Conditions of
Approval will ensure that drainage and stormwatermanagementare adequate in the opinion
of the Weld County Department of Public Works.
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 four(4) 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 March 7, 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-589
Ric Hansen
Page 3
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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 at the sketch plan, change of
zone or final plan.
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 Department of Planning Services'Staff recommendation for approval is conditional upon the following:
1. Prior to Recording the Minor Subdivision Final Plat:
A. 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 a 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)
B. 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 86.
The applicant shall submit the off-site Improvements Agreement to the Department of
Public Works for review. (Department of Public Works)
C. The covenants shall be amended to be compatible with the Weld County Code as follows:
1) Article II, Section 32, shall be amended to be, at a minimum, as restrictive as the
definition of family per section 23-1-90 of the Weld County Code. (Department of
Planning Services)
2) Temporary residential structures are not allowed in the Estate Zone District.Article
X, Section 11 shall be amended accordingly. (Department of Planning Services)
3) As required through the Change of Zone,the covenants shall address the issues of
no water being available for irrigation and protection of dry pastureland from
overgrazing. (Department of Planning Services)
D. 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. (Department of Planning Services)
E. The Plat shall be amended to include the most recent version of Weld County's Right to
Farm as stated in Chapter 22, Appendix 22-E of the Weld County Code. (Departments of
Public Health and Environment and Planning Services)
F. The applicant shall submit evidence from the Weld County Department of Public Works
indicating that they have met all Department conditions as follows:
1) The applicant must label and dimension the 60-foot right-of-way width for Rachel
Drive on the final plat. (Department of Public Works)
2) The bus pullout/mailbox stop must be dimensioned on the roadway construction
plans. In addition,appropriate referral agencies shall be contacted regarding these
issues, especially the school district and post office of jurisdiction. The applicant
shall provide to the Public Works Department written documentation regarding
these issues. Additional right-of-way equal to the dimensions of the bus pullout
shall be added to CR 86 (adjacent to the bus pull-out) and dedicated on the final
plat. The proposed mailbox must be out of the intersection sight distance triangle.
Resolution MF-589
Ric Hansen
Page 4
(Department of Public Works)
3) The applicant shall submit to Public Works stamped, signed and dated final plat
drawings and 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." (Department of
Public Works)
4) Stop signs and street name signs must be shown on the final roadway construction
plans. (Department of Public Works)
5) The Rachel Drive Plan & Profile sheet must include a 50-foot edge of road radius
dimension for the cul-de-sac. Also,label Rachel Drive on the plan. (Department of
Public Works)
6) The applicant shall prepare a construction detail for typical lot grading with respect
to drainage. F ront, r ear and side s lopes a round building envelopes must b e
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)
7) The Drainage Design Considerations for Griffith Minor Subdivision, dated
December 27, 2002, by Davis, Miller & Wohnrade Civil Engineers, Inc. must be
resubmitted since it was not stamped,signed and dated bya professional engineer.
Public Works'referral at the change of zone specifically asked for,"A final drainage
report stamped,signed and dated by a professional engineer licensed in the State
of Colorado shall be submitted with the final plat application."(Department of Public
!"` Works)
8) The final drainage report must include a copy of the FEMA map for the flood hazard
review. The engineer shall reference the specific map panel number, including
date. The development site shall b e I ocated on the copy of the FEMA map.
(Department of Public Works)
9) The swale must be labeled on the construction grading plans and shall be located
out of the Weld County Road 86 right-of-way. (Department of Public Works)
10) The grading plans shall take into account the required additional right-of-way for the
bus pullout. All grading improvements must be located out of the County right-of-
way, including the swale. (Department of Public Works)
G. 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)
H. Easements shall be shown and dimensioned in accordance with County standards/Utility
Board recommendations on the final plat. (Departments of Public Works and Planning
Services)
The Weld County Sheriff's Office has indicated that a sign with a graphical representation
of the subdivision should be placed at the entrance to the subdivision. To address this
concern, the applicant shall submit a set of sign standards as required by Section 27-6-
90.E.1. of the Weld County Code for review and approval. (Department of Planning
Services, Sheriffs Office)
J. The Final Plat is conditional upon the following and that each be placed on the Final Plat
as notes prior to recording:
Resolution MF-589
Ric Hansen
Page 5
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 four (4) residential lots. (Department of Planning
Services)
2) Water service shall be obtained from North Weld County Water District.
(Department of Public Health and Environment)
3) The Ault/Pierce Fire Protection District has indicated that, in the case of a fire,
water shall be brought to the site by tankers. It is highly suggested that residences
be sprinklered for further protection. (Department of Planning Services)
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 b e 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) 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)
6) 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)
7) 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 which are technologically feasible and
economically reasonable in order to minimize dust emissions. (Department of
Public Health and Environment)
8) 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)
9) "Weld County's Right to Farm", as stated on this plat, shall be recognized at all
times. (Department of Planning Services)
10) The site shall maintain compliance at all times with the requirements of the Weld
County Government. (Department of Planning Services)
11) 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)
12) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
13) 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
Resolution MF-589
Ric Hansen
Page 6
covenants. (Department of Planning Services)
14) Appropriate Building Permits shall be obtained prior to any construction or
excavation. (Department of Planning Services)
15) 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)
16) Building permits shall be obtained prior to the construction of any building. (Building
Inspection)
17) 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)
18) Buildings shall conform to the requirements of the codes adopted by Weld County
at the time of permit application. Current adopted codes include the 1997 Uniform
Building Code, 1998 International Mechanical Code, 1997 International Plumbing
Code, 202 National Electrical Code and Chapter 29 of the Weld County Code.
(Building Inspection)
19) 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)
20) Building height shall be limited to the maximum height allowed per Uniform Building
Code Table 5-B. Wall and opening protection—and limitations shall be in
accordance with Uniform Building Code Table 5-A. Separation of buildings of
mixed occupancy classifications shall be in accordance with Uniform Building Code
Table 3-B and Chapter 3. Setback and offset distances shall be determined by the
Chapter 23 of the Weld County Code. (Building Inspection)
21) 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 27 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. Offset and setback
requirements are measured to the farthest projection from the building. (Building
Inspection)
K. 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)
2. Upon completion of 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 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)
Resolution MF-589
Ric Hansen
Page 7
Motion seconded by Bernie Ruesgen
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 April 1, 2003.
Dated the 1st of April, 2003.
Voneen Macklin
Secretary
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