HomeMy WebLinkAbout20002651.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution with amendments to the Conditions of Approval and
subsequent renumbering 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: S-539
PLANNER: Chris Gathman
APPLICANT: Ivan &Joanne Gilbaugh -
ADDRESS: 20085 Weld County Road 74, Eaton, CO 80615
REQUEST: 4th replat of Gilbaugh's Appaloosa Acres, being a replat of Lots 15-C, 16 and 17 as shown
on the 3rd replat of Gilbaugh's Appaloosa Acres, to reduce the area of Lot 15-C frorin 62.2
Acres to 60.5 Acres,expand the area of Lot 16 from .80 acres to 2.15 acres and extd the
area of Lot 17 from .95 acres to 1.3 acres.
LEGAL DESCRIPTION: Lots 15-C, 16 and 17, 3rd replat of Gilbaugh's Appaloosa Acres, located
in the W1/2 of the SW 1/4 of Section 33,Township 7 North, Range 65 West
of the Th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 41; North of and adjacent to Weld County Road
74 be recommended favorably to the Board of County Commissioners for the following
reasons:
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 28.9 of the
Weld County Zoning Ordinance.
2. The application is in compliance with Section 28.13 of the Weld County Zoning Ordinance, as
follows:
A. Section 28.13.1.1 That the proposal is consistent with the Weld County Comprehensive
Plan. A.Goal 1 states to preserve prime farmland for agricultural purposes which fosters
the economic health and continuance of agriculture. The replat proposes to expand two
existing residential lots. This will not interfere with any agricultural activities on the site.
B. Section 28.13.1.2 That the Planned Unit Development Plan conforms to the PUD District
in which it is proposed to be located. The PUD was originally approved by the Board of
County Commissioners in 1972 and was replated in 1973, 1974, and 1998. The PUD
district allows for agricultural uses as permitted in the A(Agricultural)Zone District except
the following:commercial raising of cattle or fowl,cemeteries,fairgrounds,grange halls and
gravel pits. This request is consistent with the intent of the original PUD and allows for the
continuation of the existing residential lots to the north and west.
C. Section 28.13.1.3 That the uses, buildings, and structures which would be permitted shall
be compatible with the existing or future development of the surrounding area as permitted
by the existing zoning,and with the future development as projected by the comprehensive
2000-2651
fl RESOLUTION, S-539
Ivan and JoAnn Gilbaugh
Page 2
plan or master plans of affected municipalities. The proposed replat is consistent with the
historical development of the property and the PUD district. The Town of Eaton reviewed
this application and indicated no conflict with their interests.
D. Section 28.13.1.4 That there has been conformance with the Performance Standards as
outlined in Section 35.3. The performance standards address issues such as compatibility,
water and sewer provisions, circulation, buffering and screening. The proposed replat is
compatible with the existing PUD district which allows for residential uses. This subdivision
will not be creating any additional lots. Existing lots are serviced by the North Weld County
Water District and septic systems.
E. Section 28.13.1.5 That the use will be compliance with the Weld County Zoning Ordinance,
Section 50, Overlay District Requirements if the proposal is located within any Overlay
District area identified by maps officially adopted by Weld County. The proposed replat is
in compliance with the Weld County Zoning Ordinance. The development does not lie
within any overlay district.
This application has been determined to be in compliance with the proposed Amendment 24 to the Colorado
Constitution of a new article XXVIII, as the development of land consistent with a valid development
application which had been filed as of September 13, 2000 pursuant to proposed Article XXVIII § 9 (2).
The Planning Commission's recommendation of approval is conditional upon the following:
1. A Weld County Septic Permit is required for each proposed septic system and shall be installed
according to the Weld County Individual Sewage Disposal regulations. (Dept. of Health &
Environment)
2. The following notes shall be placed on the plat:
A. The uses permitted within the PUD Final Plan include 18 residential lots and one
residential/agricultural lot.
B. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
C. North Weld County Water District shall provide domestic water service to all residential uses
within the PUD zone district.
D. Sewage disposal shall be provided by an Individual Sewage Disposal System (I.S.D.S.).
The systems shall comply with all rules and regulations of the Weld County Health
Department. Each septic system shall be designed for site specific conditions, including
but not limited to maximum seasonal high groundwater, poor soils, and shallow rock.
E. Installation of all utilities shall comply with Section 10 (Design Standards) of the Weld
County Subdivision Ordinance.
F. Access: Access shall be limited to the three (3)private road intersections on Weld County
Road 41 and two (2) private drives and one (1)agricultural access on Weld County Road
74. No other access points shall be permitted to the county roads. Lots 2-14 shall be
guaranteed access to Weld County Road 41 by way of Appy Road and Appaloosa Lane.
r' RESOLUTION, S-539
Ivan and JoAnn Gilbaugh
Page 3
G. Maintenance: All roads other than the existing county roads shall remain drives to be
maintained by the owner of Lot 17 or the Homeowner's Association.
H. The Weld County Right-to-Farm Covenant.
3. Prior to recording the plat:
A. Any existing septic system(s) which is not currently permitted through the Weld County
Department of Public Health&Environment, Environmental Health Services will require an
I.S.D.S. evaluation prior to issuance of the required septic permit(s). The review shall
consist of observation of the system and evaluation of the systems ability to handle the
proposed hydraulic load. In the event the system(s) is found to be inadequate, the
system(s)must be brought into compliance with current Individual Sewage Disposal System
regulations. (Dept. of Health & Environment)
B. Sketches of the septic system(s)layout in relation to the proposed lot lines for Lots 16 and
17 shall be submitted to the Department of Planning Services by review and approval by
the Department of Public Health&Environment, Environmental Health Services. (Dept.of
Health & Environment)
C. A detailed plot plan indicating setbacks of existing buildings from property lines shall be
submitted to the Weld County Department of Building Inspection for review and approval.
Depending on the use of the buildings, a 20-foot setback may be needed. Buildings closer
than allowed setbacks would require fire-resistive protection for exterior walls and opening
protection(see Table 5-A of 1997 Uniform Building Code). (Weld County Dept.of Building
Inspection)
D. Fifty(50)feet from the centerline of WCR 74 adjacent to Lot 16 shall be reserved to Weld
County for future expansion of WCR 74. (Public Works)
E. A nonconforming use file shall be established for one of the existing residences on Lot 16.
The applicant shall submit evidence to the Weld County Department of Planning Services
substantiating the nonconforming use. (Dept. of Planning Services)
F. The plat shall be amended to show the following:
1. The 25'access road accessing Lot 15-B through Lot 15-A as indicated on the third
replat of Appaloosa Acres plat(S-441) shall be indicated on the plat.
2. The emergency access turn around as indicated on the third replat of Appaloosa
Acres plat(S-441) shall be indicated on the plat.
3. (Adjacent to Lot 16) A total of 50-feet from the centerline of Weld County Road
74 shall be delineated on the plat as right-of-way reservation for future expansion
of Weld County Road 74.
4. Ten(10)foot utility easements shall be delineated along the boundaries of Lots 16
and 17 (except existing boundaries adjacent to public right-of-way, which are
acceptable as is). (Weld County Utilities Advisory Committee)
RESOLUTION, S-539
Ivan and JoAnn Gilbaugh
Page 4
4. The Final Plat shall be submitted to the Department of Planning Services for recording within 30
days of approval by the Department of Planning Services.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
Arlan Marrs Michael Miller
John Folsom Cathy Clamp
Bryant Gimlin
Jack Epple
Stephen Mokray
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, Trisha Swanson, 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 October 3rd, 2000.
Dated the 3rd of October, 2000.
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Trisha Swanson
Secretary
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