HomeMy WebLinkAbout20030995.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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-609
PLANNER: Sheri Lockman
APPLICANT: Steve Klen & Lori Guttenstein
LEGAL DESCRIPTION: Lot A of RE-2912; being part of the W2 Section 2, T2N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Final Plat for a Six (6) Lot Minor Subdivision (Moorea Manor)
LOCATION: West of and adjacent to WCR 21 ''A and North and adjacent to WCR 24
1/2. 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 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 Townof Platteville has indicated
that the proposal does not comply with their comprehensive plan.A referral received for the
change of zone phase had 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 24-3-60.1.2-- That provisions have been made to preserve prime agricultural land.
Most of Lot 6 is designated"Other" by the USDA"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.
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. Water service is to be provided by 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 24-3-60.1.4-- 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. The Weld County Department of Public
Health and Environment has reviewed this proposal and has indicated the applicant has
satisfied Chapter 24 of the Weld County Code in regard to water and sewer service. Water
will be provided by Central Weld County Water District and sewer will be provided by
individual sewage disposal systems.
E. Section 24-3-60.1.5 -- That all areas of the minor subdivision which may involve soil or to
topographical conditions presenting hazards or requiring special precautions have been r.
identified by the subdivider and that the proposed uses of these areas are compatible with X
such conditions. The Weld County Department of Public Health and Environment has W U.
2003-0995
Resolution MF-609
Steve Klen
Page 2
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 24-3-60.1.6-- That streets within the minor subdivision are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the minor
subdivision. Conditions of approval insure 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 2 4-3-60.1.7 -- That o ff-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.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 24-3-60.1.8--That 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 minorsubdivision.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."
Section 24-3-6019--The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite.
J. Section 24-3-60.1.10 -- That 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 24-3-60.1.11 -- 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 storm water management are
adequate.The Weld County Department of Public Works has included a condition prior to
recording the final plat which will insure adequate drainage.
N. Section 24-3-60.1.14—That the maximum number of lots within the minorsubdivision will not
exceed nine (9)lots. The applicant is requesting six (6) lots.
O. Section 24-3-60.1.15—That the minorsubdivision 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 24-3-60.1.16—That the subdivision will not have an undue adverse effect on wildlife
and its habitat,the preservation of agricultural land and historical sites.In a referral response
dated January 25, 2003 the Colorado Division of Wildlife indicated the proposal does not
conflict with their interests.
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 Planning Commission's recommendation for approval is conditional upon the following:
Resolution MF-609
Steve Klen
Page 3
1. Prior to Recording the Minor Subdivision Final Plat:
A. The plat shall be labeled: MF-609 (Department of Planning Services)
B. The applicant 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 Board of County Commissioners. (Departments of Public Works and
Planning Services)
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.(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. (Departments of Planning
Services and Public Health and Environment)
E. The plat shall be amended to show the locations of all fire hydrants, as approved by the
Platteville/Gilcrest Fire Protection District. (Department of Planning Services)
F. The applicant 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. (Department of
Planning Services)
G. The applicant shall contact Ron Broda, 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.(Platte Valley Soil Conservation
District)
H. The applicant shall contact the Natural Resources Conservation Service(NRCS)to obtain
information on revegetation and grazing criteria. The covenants shall incorporate the
suggested material. (Platte Valley Soil Conservation District)
The applicant shall submit evidence that 1 unit of water to be used for irrigation has been
transferred to the Homeowners Association. (Department of Planning Services)
J. 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:Section 24-3-50,"The minor subdivision final plat submitted shall contain the original
signatures and seals of all parties required." (Department of Public Works)
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 % at an elevation of +4774. Public Works has checked current
topographical maps and there are no elevations close to 4774 for a large radius of the site.
It i s e specially important t hat the drainage report and the construction drawing plans
coordinate stormwater runoff. (Department of Public Works)
L. The Department of Planning Services signature block shall be replaced by the Planning
Commission Signature block. (Department of Planning Services)
M. The vicinity map shall be drawn to an accepted scale (1"=2000' standard). (Weld County
Department of Planning Services)
Resolution MF-609
Steve Klen
Page 4
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 Public Works approval shall be submitted to Planning Services. (Department
of Public Works)
O. The applicant shall submit a plan to protect the oil and gas structures within the right-of-way
of Harpenden Lane. (Departments of Planning Services and Public Works)
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. (Department of
Planning Services)
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.
(Sheriff's Office)
3) Water service shall be provided by Central Weld County Water District.
(Department of Public Health and Environment)
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) 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)
6) 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 that are technologically feasible and economically
reasonable in order to minimize dust emissions.(Department of Public Health and
Environment)
7) 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)
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. (Department of Planning
Services)
9) A building permit shall be obtained prior to any construction. (Building Inspection)
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. (Building Inspection)
Resolution MF-609
Steve Klen
Page 5
11) Buildings shall conform to the requirements of the various codes adopted at the
es, time of permit application. Currently the following has been adopted by Weld
County: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997
International Plumbing Code;2002 National Electrical Code and Chapter 29 of the
Weld County Code. (Building Inspection)
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. (Building Inspection)
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. (Building Inspection)
14) 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 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. (Building Inspection)
15) Effective January 1, 2003, Building Permits issued on the lot will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-
11) (Department of Planning Services)
16) The site shall maintain compliance at all times with the requirements of the Weld
County Government. (Department of Planning Services)
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 Building Inspection Department. (Department of Planning Services)
18) Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
19) Outdoor storage shall be screened from public rights of way, and adjacent
properties. (Department of Planning Services)
20) The site shall be developed in accordance with the recommendations contained in
the geotechnical report. (Colorado Geological Survey)
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. (Department of Public Works)
Q. The applicant shall submit two (2) paper copies of the amended final plat for review and
approval. (Department of Planning Services)
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. (Department of Planning Services)
Resolution MF-609
Steve Klen
Page 6
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
John Hutson
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 15, 2003.
Dated the 151h of April, /2.00013.
VOIJU� IU i Ap IZle ct
Voneen Macklin
Secretary
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