HomeMy WebLinkAbout20030941.tiff RESOLUTION
RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN,
MF #589, FOR FOUR (4) RESIDENTIAL LOTS - RIC HANSEN
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 30th day of
April, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Ric Hansen, P.O. Box 158, Timnath, Colorado 80547, for a Site Specific
Development Plan and Minor Subdivision Final Plan, MF#589, for four (4) residential lots, on the
following described real estate, to-wit:
Lot A of Recorded Exemption #3212; being part of
the SW1/4 of Section 31, Township 8 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Mikal Torgerson,223 North College Avenue,
Fort Collins, Colorado 80524, 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 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 applicant has shown
compliance with Section 24-3-60.P of the Weld County Code as follows:
a. Section 24-3-60.P.1 -- 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
its interests. The Town of Ault indicated opposition 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.P.2--The subject property is categorized as"Other" by the
U.S.D.A. Farmlands of National Importance Map, dated 1979.
c. Section 24-3-60.P.3—Provisions have been made for a public water supply
that is sufficient in terms of quantity, dependability and quality to provide
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MINOR SUBDIVISION FINAL PLAN, MF#589 - RIC HANSEN
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water for the Minor Subdivision, including fire protection. The lots will be
served by the North Weld County Water District. As approved at the
Change of Zone, water for fire protection will be brought to the site by
tankers.
d. Section 24-3-60.P.4 -- 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.
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 that the proposed
uses of these areas are compatible with such conditions. The Weld County
Department of Building Inspection 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.P.6--The applicant requested a waiver from the pavement
requirement at the Change of Zone phase and was approved by the Board
of County Commissioners. The Conditions of Approval will guarantee that
streets within the Minor Subdivision are adequate in functional classification,
width and structural capacity to meet the traffic requirements.
g. Section 24-3-60.P.7 -- That 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 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.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.
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.
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.
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MINOR SUBDIVISION FINAL PLAN, MF #589 - RIC HANSEN
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m. Section 24-3-60.P.13—The applicant did submit a Drainage Study with the
Final Plan application. The Conditions of Approval will ensure that drainage
and stormwater management are adequate in the opinion of the Weld
County Department of Public Works.
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 four(4)
lots.
o. Section 24-3-60.P.15 — The Weld County Sheriff's Office indicated, in a
referral dated March 7, 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 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ric Hansen, for a Minor Subdivision Final Plan, MF#589,
for four(4) residential lots, on the hereinabove described 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 86. The applicant shall submit the Off-
site Improvements Agreement to the Department of Public Works for review.
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.
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MINOR SUBDIVISION FINAL PLAN, MF #589 - RIC HANSEN
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2) Temporary residential structures are not allowed in the E (Estate)
Zone District. Article X, Section 11, shall be amended accordingly.
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.
D. 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
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.
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.
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 written
documentation regarding these issues to the Department of Public
Works. Additional right-of-way, equal to the dimensions of the bus
pullout, shall be added to Weld County Road 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.
3) The applicant shall submit stamped, signed, and dated final plat
drawings and construction plan drawings to the Department of
Public Works for review and approval. This is consistent with
County Code: Section 24-3-50 which states, "The minor subdivision
final plat submitted shall contain the original signatures and seals of
all parties required."
4) Stop signs and street name signs must be shown on the final
roadway construction plans.
5) The Rachel Drive Plan and Profile sheet must include a 50-foot edge
of road radius dimension for the cul-de-sac, as well as label Rachel
Drive on the plan.
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6) The applicant shall prepare a construction detail for typical lot
grading with respect to drainage. 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.
7) The Drainage Design Considerations for Griffith Minor Subdivision,
dated December 27, 2002, by Davis, Miller and Wohnrade Civil
Engineers, Inc., must be resubmitted since it was not stamped,
signed and dated by a professional engineer. The Change of Zone
referral from the Department of Public Works stated, "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."
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 be
located on the copy of the FEMA map.
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.
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.
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.
H. Easements shall be shown and dimensioned in accordance with County
standards and Utility Board recommendations on the final plat.
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.
J. The Final Plan is conditional upon the following and that each be placed on
the final plat as notes prior to recording:
1) The Final Plan allows for E(Estate)Zone uses and shall comply with
the E (Estate) Zone District requirements as set forth in Chapter 23
of the Weld County Code. The Minor Subdivision shall consist of
four (4) residential lots.
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MINOR SUBDIVISION FINAL PLAN, MF #589 - RIC HANSEN
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2) Water service shall be obtained from the North Weld County Water
District.
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.
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) 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.
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 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 six (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) Weld County's "Right to Farm," as stated on this plat, shall be
recognized at all times.
10) The site shall maintain compliance, at all times, with the
requirements of the Weld County Government.
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 Conditions of Approval stated herein
and all applicable Weld County regulations.
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12) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
13) 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.
14) Appropriate Building Permits shall be obtained prior to any
construction or excavation.
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.
16) Building Permits shall be obtained prior to the construction of any
building.
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.
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 (UBC), 1998
International Mechanical Code (IMC), 1997 International Plumbing
Code (IPC), 2002 National Electrical Code (NEC), and Chapter 29
of the Weld County Code.
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.
20) 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
Chapter 23 of the Weld County Code.
21) Building height shall be measured in accordance with the 1997 UBC
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
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MINOR SUBDIVISION FINAL PLAN, MF #589 - RIC HANSEN
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setback requirements are measured to the farthest projection from
the building.
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).
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 of the Weld County Board of Commissioners Resolution. 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 30th day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: 12,41'/ �''` � Lti
Sa vi E. L g, C aii
Weld County Clerk to t Bo . ;�� --' ;
1861 . - tlyf-9 ; t
C ' � obert D Masden, Pro- em
BY: _�/9! • ,�� {. n. 9/
Deputy Clerk to the B� . I - .' /// �en-
IA. J. Geile
APP AS RM:
< William H. Jerke
ount ttorney add(
Vaa Glenn Vaad
Date of signature: 5�a
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