HomeMy WebLinkAbout20011750.tiff RESOLUTION
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN FOR FIVE (5) LOT MINOR
SUBDIVISION, S #588, IVY CREST - DENVER CANADIAN, INC., C/O DANIEL
OCHSNER
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 18th day
of July, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Denver Canadian, Inc., do Daniel Ochsner, 18905 Weld County Road 394,
LaSalle, Colorado 80645, for a Site Specific Development Plan and Final Plan for a five (5) lot
Minor Subdivision, S #588, for Ivy Crest on the following described real estate, to-wit:
Lot A of Amended Recorded Exemption #2151;
being part of the E1/2 of Section 21, Township 3
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Daniel Ochsner 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 applicant has shown compliance with the
Weld County Code throughout the Final Plat application process. The
overall design of the proposed development adheres to Minor Subdivision
and the Estate Zone District requirements. The Comprehensive Plan for
the Town of Platteville has designated this area as an agricultural buffer.
Further, the Town of Mead referral response dated March 19, 2001,
indicates its disapproval of the proposal. Consideration was given to the
responses from the Towns of Mead and Platteville during the Change of
Zone application process and deemed to be inadequate for a denial.
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MINOR SUBDIVISION FINAL PLAN, S #588 - DENVER CANADIAN, INC./DANIEL
OCHSNER
PAGE 2
b. Section 24-3-60.P.2—The site is designated as irrigated land (not prime)
by the United States Department of Agriculture.
c. Section 24-3-60.P.3—A Condition of Approval ensures that the Water
Main Extension Contract is finalized, a tap agreement will be in place and
tap fees and $44,100.00 for improvements or collateral to satisfy those
fees is in place prior to recording the Final Plat. Further, a Condition of
Approval ensures that the well proposed to provide fire protection is
properly permitted through the Office of the State Engineer, Division of
Water Resources.
d. Section 24-3-60.P.4— Individual Sewage Disposal Systems are proposed
for each lot and will be installed according the Weld County Department
of Public Health and Environment Individual Sewage Disposal Systems
(I.S.D.S.) Regulations.
e. Section 24-3-60.P.5—The Colorado Geologic Survey indicated, during
the Sketch Plan phase, that no geology-related problems appear to be
associated with this proposal.
f. Section 24-3-60.P.6—The Weld County Department of Public Works has
approved the proposed roadway plans for the subdivision.
g. Section 24-3-60.P.7—The 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.
h. Section 24-3-60.P.8—The Homeowners Association will be required to
maintain the road.
Section 24-3-60.P.9 --This minor subdivision is not part of, or contiguous
with, a previously recorded subdivision or unincorporated townsite.
j. Section 24-3-60.P.10 -- On-street parking will not be permitted within Ivy
Crest Subdivision as stated in the Conditions of Approval.
k. Section 24-3-60.P.11 --The access to Weld County Road 19 was pre-
existing.
I. Section 24-3-60.P.12—All lots access onto Larkspur Road.
m. Section 24-3-60.P.13—A Storm Water Drainage Report was approved by
the Weld County Department of Public Works at the Change of Zone
phase.
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MINOR SUBDIVISION FINAL PLAN, S #588 - DENVER CANADIAN, INC./DANIEL
OCHSNER
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n. Section 24-3-60.P.14—The proposal is for five (5) lots.
o. Section 24-3-60.P.15—The Weld County Department of Planning
Services has not received any referral responses from local governments
or primary service providers which reflect an inability to provide the
necessary services.
p. Section 24-3-60.S—The Colorado Division of Wildlife indicated in a
referral response dated March 28, 2001, that the proposal has no
conflicts with its interests.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Denver Canadian, Go Daniel Ochsner, for Minor
Subdivision Final Plan, S #588, for Ivy Crest 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 including the form of collateral. The Improvements
Agreement shall address a plan for allotment and distribution of irrigation
water. 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 Restrictive Covenants for Ivy Crest shall be approved by the Weld
County Attorney's Office and be ready for recording in the Office of the
Clerk and Recorder.
C. A bus pull off/mail area shall be indicated on the plat. Evidence of Weld
County Department of Public Works approval shall be submitted to the
Weld County Department of Planning Services.
D. The applicant shall submit evidence that the Water Main Extension
Contract has been finalized.
E. The applicant shall submit documentation which indicates that a tap
agreement has been reached, and that tap fees and $44,100.00 for
improvements have been paid, or collateral to satisfy those fees is in
place.
F. The applicant shall submit evidence that the well proposed to provide fire
protection has been properly permitted through the Office of the State
Engineer, Division of Water Resources.
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MINOR SUBDIVISION FINAL PLAN, S #588 - DENVER CANADIAN, INC./DANIEL
OCHSNER
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G. The applicant shall submit a specific plan of the landscaping and
screening indicated in application materials for Outlot B to the Weld
County Department of Planning Services for review and approval.
H. The Plat shall be amended to include:
1) The most recent version of Weld County's Right to Farm as listed
in Section 22, Appendix 22-F of the Weld County Code.
2) The location of the well to be utilized for fire protection and a
minimum twenty (20)foot access easement from Larkspur Road
to reach the well.
3) A continuous twenty (20)foot utility and drainage easement
adjacent to the Larkspur Road and the cul-de-sac.
5) The twenty (20) foot utility and drainage easement between lots
with ten (10)feet being on either side of the lot line.
6) Legal descriptions on the plat shall include Lot A of Amended
Recorded Exemption #2151.
7) The approved Landscape and Screening Plan.
8) Primary and Secondary septic envelopes shown on the Change of
Zone Plat shall be designated on the Final Plat.
2. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
A. The Final Plat allows for Estate 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 five (5) lots.
B. Water service shall be provided by the Central Weld County Water
District. Individual Sewage Disposal Systems are required for the
proposed residential lots and shall be installed according to the Weld
County Department of Public Health and Environment I.S.D.S.
Regulations.
C. The site shall maintain compliance at all times with the requirements of
the Weld County Departments of Public Health and Environment,
Planning Services, and Public Works.
D. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
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OCHSNER
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E. Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
F. Weld County's Right To Farm, as stated in Section 22, Appendix 22-F of
the Weld County Code, shall be recognized at all times.
G. The site shall be developed in accordance with the recommendations
contained in the geotechnical report prepared by CDS Engineering
Corporation.
H. No on street parking shall be allowed.
I. Potential purchasers are hereby notified that an onion processing
operation is located directly east of Ivy Crest Minor Subdivision. Further,
a poultry facility is located to the north and a dairy to the east. Off-site
impacts that may be encountered include noise from trucks, tractors, and
equipment, dust from animal pens and odors from animal confinement,
silage, onions and manure.
3. The Final Plat shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: I��, _ _QO I I'� + �' o 2GLt/
/ F M. Ch ai
Weld County Clerk to th
n .,�i�Jw``•BY: Glenn Vaad, Pro-i e
Deputy Clerk to the Boa4.
Will Jerke
APPROV AST M: wi '1/
Dav' . Lo g
torhiy EXC SED DA efitySKt T F SI ING (AYE)
Robert D. Masden
Date of signature:
Date of full execution:
2001-1750
PL1356
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