HomeMy WebLinkAbout20030994.tiff RESOLUTION
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN FOR A SIX (6) LOT MINOR
SUBDIVISION, MF#609,MOOREA MANOR-STEVEN KLEN AND LORI GUTTENSTEIN
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 Steven Klen and Lori Guttenstein, 6909 Shannon Court, Loveland, Colorado 80538,
for a Site Specific Development Plan and Final Plan for a six (6) lot Minor Subdivision, MF#609,
Moorea Manor, on the following described real estate, to-wit:
Lot A of Recorded Exemption #2812; being part of
the W1/2 of Section 2, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicants were represented by Jeffrey Couch, TEAM Engineering, 3468
Shallow Pond Drive, Fort Collins, Colorado 80528, 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 applicants 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 applicants have
shown compliance with Section 24-3-60.P of the Weld County Code as follows:
a. Section 24-3-60.P.1 -- The proposed Minor Subdivision does not lie within
the boundaries of any intergovernmental agreements or municipalities
master plan area. The site is within the three-mile referral area for the
Towns of Platteville and Firestone. In a referral dated February 11, 2003,
the Town of Platteville has indicated that the proposal does not comply with
its Comprehensive Plan. A referral received for the Change of Zone phase
indicated that the proposal did not conflict with the interests of the Town.
The Town of Firestone returned a referral on April 2, 2003, without making
comment on the proposal.
b. Section 24-3-60.P.2 -- Provisions have been made to preserve prime
agricultural land. Most of Lot 6 is designated "Other" by the U.S.D.A.
Farmlands of National Importance Map, dated 1979. The vast majority of
the remaining lots are designated "Irrigated, Not Prime,"with a small portion
of prime.
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MINOR SUBDIVISION FINAL PLAN, MF #609 - STEVEN KLEN AND LORI GUTTENSTEIN
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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
water for the Minor Subdivision, including fire protection. Water service is
to be provided by the Central Weld County Water District. Appropriate
documentation was submitted to, and approved by, the Weld County
Attorney's Office. Fire Protection will be provided by the Platteville/Gilcrest
Fire Protection District. In the referral response received June 17, 2002,the
District Fire Chief verified compliance with the conditions established at the
Sketch Plan and Change of Zone phase.
d. Section 24-3-60.P.4 -- The Weld County Department of Public Health and
Environment has reviewed this proposal and has indicated the applicants
have satisfied Chapter 24 of the Weld County Code in regard to water and
sewer service. Water will be provided by the Central Weld County Water
District and sewer will be provided by individual sewage disposal systems.
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 Weld County
Department of Public Health and Environment has indicated that because
of the natural depression on the two western lots, care will be necessary in
siting the septic systems to prevent the potential flooding of those septic
systems.
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. The Conditions of Approval will
ensure the interior roadway will meet criteria set by Weld County
Department of Public Works, School District RE-1, and the Platteville Fire
Protection District.
g. Section 24-3-60.P.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. Weld County Department of Public Works has indicated no
additional upgrades shall be required for County roads beyond the
appropriate widths to be reserved or dedicated.
h. Section 24-3-60.P.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 Weld County Department of Public Works has
required a note be placed on the plat which states "unpaved subdivision
internal roadways are not maintained by Weld County. Maintenance of
Harpenden Lane will be the responsibility of the Moorea Manor
Homeowners' Association."
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MINOR SUBDIVISION FINAL PLAN, MF#609 - STEVEN KLEN AND LORI GUTTENSTEIN
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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. A Condition of Approval has been included to ensure
on-street parking will not be allowed.
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 — Facilities providing drainage and stormwater
management are adequate. The Weld County Department of Public Works
has included a Condition of Approval prior to recording the final plat which
will ensure adequate drainage.
n. Section 24-3-60.P.14 — The maximum number of lots within the Minor
Subdivision will not exceed nine (9) lots. The applicants are requesting six
(6) 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. All applicable entities
have indicated the ability to serve the site.
p. Section 24-3-60.P.16 — The Minor Subdivision will not have an undue
adverse effect on wildlife and its habitat, or the preservation of agricultural
land and historical sites. In a referral response dated January 25, 2003, the
Colorado Division of Wildlife indicated 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 Steven Klen and Lori Guttenstein, for a Site Specific
Development Plan and Final Plan for a six (6) lot Minor Subdivision, MF#609, Moorea Manor, 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 plat shall be labeled MF-609.
B. The applicants shall submit 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 Weld County
Board of Commissioners.
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C. The Restrictive Covenants for Moorea Manor 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.
D. The plat shall be amended to include the most recent version of Weld
County's Right to Farm as stated in Appendix 22-E of the Weld County
Code.
E. The plat shall be amended to show the locations of all fire hydrants, as
approved by the Platteville/Gilcrest Fire Protection District.
F. The applicants shall submit evidence to the Department of Planning
Services indicating that an agreement has been finalized with Weld County
School District RE-1. The agreement shall address the requested payment
of $1,054.20 per residential lot.
G. The applicants shall contact the Weld County Vegetation Management
Specialist for assistance in developing a Weed Management Plan.
Evidence of approval of the plan shall be submitted to the Department of
Planning Services.
H. The applicants shall contact the Natural Resources Conservation Service
(NRCS) to obtain information on revegetation and grazing criteria. The
Covenants shall incorporate the suggested material.
I. The applicants shall submit evidence that five(5)shares of water to be used
for irrigation have been transferred to the Homeowners' Association.
J. The applicants 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 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."
K. The construction drawing plans shall be resubmitted with correct Bench
Mark and topographical elevation data. The construction plans show
Harpenden Lane meeting County Road 21.5 at an elevation of+4,774. The
Department of Public Works has checked current topographical maps and
there are no elevations close to 4,774 for a large radius of the site. It is
especially important that the drainage report and the construction drawing
plans coordinate stormwater runoff.
L. The Department of Planning Services signature block shall be replaced by
the Planning Commission signature block.
M. The vicinity map shall be drawn to an accepted scale (1"=2000' standard).
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N. The Minor Subdivision Final Drainage Report for Moorea Manor, dated
January 2003, by TEAM Engineering, is acceptable in concept, but 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. Evidence
of approval by the Department of Public Works shall be submitted to the
Department of Planning Services.
O. The applicants shall submit a plan to protect the oil and gas structures within
the right-of-way of Harpenden Lane.
P. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
1) The Moorea Manor Minor Subdivision shall consist of six (6)
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 Central Weld County 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) 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.
6) 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.
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7) 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.
8) 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.
9) A Building Permit shall be obtained prior to any construction.
10) 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.
11) 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: 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.
12) 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.
13) 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.
14) 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 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.
15) 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.
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16) The site shall maintain compliance at all times with the requirements
of the Weld County Government.
17) 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.
18) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
19) Outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
20) The site shall be developed in accordance with the
recommendations contained in the geotechnical report.
21) Unpaved subdivision internal roadways are not maintained by Weld
County. Maintenance of Harpenden Lane will be the responsibility
of the Moorea Manor Homeowners' Association.
Q. The applicants shall submit two (2) paper copies of the amended final plat
for review and approval.
2. The Final Plat shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Department of Planning Staff.
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
D COUNTY, COLORADO
Ells/ ;`�,
ATTEST:
--\ vi E. Long, ha.
Weld County Clerk to t ='•= Oj
y
7' Robert asden, Pro-T m
BY:
Deputy Clerk to the Board %/77/-s191.4,)
Geil
APP D AS TO —( �i.ti
William H. erke
ounty A or ey /1-4/g
S Glenn Vaad
Date of signature: /a
2003-0994
PL1626
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