HomeMy WebLinkAbout20032728.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN, MF#614, FOR A NINE (9) LOT MINOR SUBDIVISION WITH E (ESTATE)ZONE
USES - TIMOTHY AND LISA BROUGH
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 September, 2003, at 10:00 a.m.
for the purpose of hearing the application of Timothy and Lisa Brough, do Tony Evans, P.E., P.O.
Box 94, Greeley, Colorado 80632, requesting a Site Specific Development Plan and Minor
Subdivision Final Plan, MF#614,for a nine (9)lot Minor Subdivision with E(Estate)zone uses,for
a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption#1911;being part of the
SW1/4 of Section 6, Township 7 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Tony Evans, 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 -- The proposed site is not influenced by an
Intergovernmental Agreement or located within a three mile referral area for
any Weld County municipality. It is within the three mile referral area for
Larimer County.
B. Section 24-3-60.P.2--The subject property is categorized as"Prime"by the
USDA "Farmlands of National Importance Map" dated 1979. There is no
irrigation water associated with this development.
C. Section 24-3-60.P.3— The lots will be served by North Weld County Water
District for potable water and water for fire suppression.
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
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has indicated,in a referral response dated June 13,2003,that the application
has satisfied Chapter 24 of the Weld County Code in regard to sewer
service.
E. Section 24-3-60.P.5--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 applicant has provided several "No Build"zones on the property, Lot 1
and 2 are impacted due to an agreement with an adjacent property owner to
retain a view corridor, Lot 8 and 9 are impacted due to a known high water
table. Lot 8 also has an area delineated with a note stating "No Habitable
Structures" .
The Department of Public Health and Environment states"No Build Zones"
were placed on Lots 1, 8 and 9. Septic envelopes were placed in the "No
Build Zone"on Lot 1 (which is acceptable);however,a private ditch lateral is
located on the westerly property line of Lot 1 and the septic envelopes have
been located near the west property line,appearing to be located within 100
feet of the ditch. All septic envelopes must be 100 feet from all ditches.
F. Section 24-3-60.P.6--The internal roadway shall be two 11-foot travel lanes
with two 2-foot gravel shoulders as approved on the Change of Zone Plat.
The right-of-way shall be sixty(60)feet,the cul-de-sac radius shall be sixty-
five (65)feet and the cul-de-sac edge of pavement radius shall be 50-feet.
G. Section 24-3-60.P.7--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 13. Any access construction on Weld
County Road 13 will require an Access or Utility Permit from Larimer County
Engineering Department.
H. Section 24-3-60.P.9 -- The minor subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated town.
Section 24-3-60.P.10--There will be no on-street parking permitted within
the Minor Subdivision.
J. Section 24-3-60.P.11 -- No additional access to a county, state or federal
highway will be created.
K. Section 24-3-60.P.12—The ingress and egress to all lots within the Minor
Subdivision will be to a paved internal road circulation system.
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L. Section 24-3-60.P.13—The applicant did submit a Drainage Study with the
Final Plan application. Conditions of Approval will ensure that drainage and
stormwater management are adequate in the opinion of the Weld County
Department of Public Works.
M. Section 24-3-60.P.14 —The applicant is proposing nine (9) lots.
N. Section 24-3-60.P.15—A referral was not received from the Weld County
Sheriff's Office indicating a conflict with its interests.
O. Section 24-3-60.P.16—The Division of Wildlife did not respond to referral
requests at the Sketch Plan, Change of Zone, or Final Plan phase.
The applicant has an agreement in place with DyeCrest Dairy that provides
notification to each future property owner, as stated on the Deed for each
parcel, that there is an existing animal feeding operation in the immediate
vicinity and that the owner has the ability to expand the current operation in
Larimer County provided all applicable rules and regulations have been met.
Property owners within the Pheasant Crest Estates Subdivision should be
aware that flies,odors and dust may be associated with the operation of the
dairy.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Timothy and Lisa Brough fora Site Specific Development
Plan and Minor Subdivision Final Plan, MF#614,fora nine(9)lot Minor Subdivision with E (Estate)
zone uses,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. 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.
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 13. The applicant shall submit the
off-site Improvements Agreement to the Department of Public Works for
review.
C. The covenants shall be approved by the Weld County Attorney's Office.
Finalized covenants and the appropriate recording fee (currently$6.00 per
page) shall be submitted to the Weld County Department of Planning
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MINOR SUBDIVISION FINAL PLAN, MF #614 - TIMOTHY AND LISA BROUGH
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Services.
D. The Plat shall 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.
E. The applicant shall submit evidence from the Weld County Department of
Public Works indicating they have met all Department conditions as follows:
1) 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 be
located on the copy of the FEMA map.
2) The applicant must delineate"Stop"and street signs on the final plat.
3) The applicant shall submit a revised Improvements Agreement and
recalculate street grading, street base, and street paving, to verify
construction costs, or provide evidence from the contractor on
letterhead identifying the company and source that they are able to
complete this project for your estimated cost.
F. Prior to recording the Final Plat,the applicant shall provide written evidence
from Weld County School District RE-4 which indicates that all district
requirements have been met.
G. Easements shall be shown on the Final Plat, in accordance with Sections
24-7-60.A and B of the Weld County Code, and/or Utility Board
recommendations. Lot 7 has a non-conforming rear easement adjacent to
County Road 13 that was approved at the Utility Board hearing.
H. 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.
The applicant shall amend the plat such that the entire subdivision is placed
on a single sheet or delineate the subdivision on two sheets with a matchline,
as required.
J. A notification shall be included on the deeds to the potential purchasers that
an existing confined animal feeding operation currently exists in the
neighborhood and that the ability of the current or any new owner of the dairy
to expand shall not be inhibited by the development providing all applicable
rules and regulations are met.
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K. All septic envelopes shall be located at least 100 feet from all ditches.
L. Weld County's Right to Farm statement,as provided in Appendix 22-E of the
Weld County Code,shall be placed on the recorded deeds for the individual
parcels.
M. 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 bulk requirements as set forth in Section 23 of
the Weld County Code. The Minor Subdivision shall consist of nine
(9) residential lots.
2) An existing operating dairy and lagoons are located in close proximity
to the subdivision. The owner of the dairy has the ability to expand
the current operation in Larimer County provided all applicable rules
and regulations have been met. Property owners within the
subdivision should be aware that flies, odors and dust may be
associated with the operation of the dairy.
3) Water service shall be obtained from the North Weld County Water
District.
4) 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.
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.
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 Department of Public Health and Environment,a fugitive dust
control plan must be submitted.
7) 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
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which are technologically feasible and economically reasonable in
order to minimize dust emissions.
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.
9) Care will be required in locating septic systems on Lots 5 and 6 due
to the emergency access between the lots, and on Lots 4, 8, and 9
due to the utility easement and wetlands (Lots 8 and 9).
10) Weld County's Right to Farm statement as provided in Appendix
22-E of the Weld County Code shall be placed on any recorded plat.
11) Weld County's Right to Farm statement, as stated on this plat,shall
be recognized at all times.
12) The site shall maintain compliance at all times with the requirements
of the Weld County Departments of Public Works, Public Health and
Environment, and Planning Services.
13) Personnel from the Weld County Government 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) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
15) 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.
16) Lot 8 and Lot 9 may not accommodate full depth basements.
17) Appropriate Building Permits shall be obtained prior to any
construction or excavation.
18) 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.
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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 codes adopted by
Weld County at the time of permit application. Current adopted
codes include the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and
Chapter 29 of the Weld County Code.
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 shall be limited to the maximum height allowed per
UBC Table 5-B. Wall and opening protection and limitations shall be
in accordance with UBC Table 5-A. Separation of buildings of mixed
occupancy classifications shall be in accordance with UBC Table
3-B and Chapter 3. Setback and offset distances shall be
determined by the Chapter 23 of the Weld County Code.
23) 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. Property pins shall be clearly
identified and all property lines shall be identified by string stretched
between pins or by other approved means. Approved Building and
Foundation Plans shall be on the site and available to inspectors for
each inspection.
24) The Developer or Homeowners' Association representative shall
provide each owner and/or builder with a copy of the Geotechnical
Engineering Report prepared byTerracon,dated October 12,2001.
N. 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#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 Mylarplatalong 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
J /�� WEL�OU,NTY, (COLORADO
ATTEST: iate#4 Ut4 e
C1 14)/
David E. Lo , Chair
Weld County Clerk to the Board
Robert D. en, Pro-Tem
•:•ut lerk to the Board
1861 ct
•
O 177-7,17
William H. Jerke
•.ntyAttorne, EXCUSED
Glenn Vaad
Date of signature: /0.0
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