HomeMy WebLinkAbout20010845.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by BryantGimlin 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: S-586
PLANNER: Sheri Lockman
APPLICANT: Robert L. Parsons
ADDRESS: 7517 E. Highway 14, Fort Collins, Colorado 80524
REQUEST: Final Plat for a 5-lot Minor Subdivision -Skylark Ranch
LEGAL DESCRIPTION: Lot B of 2nd AMRE-2375, being part of the S2 Section 8,Township 7 North,
Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to State Highway 14, '/2 mile east of Weld County Road 15
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 applicant has shown
compliance with the Weld County Code throughout the Final Plat application process, as
well as compatibility with the surrounding area which consists of agricultural production and
rural residences. The overall design of the proposed development adheres to Minor
Subdivision and the Estate Zone District requirements and incorporates comments from
referral agencies and surrounding property owners.
b. Section 24-3-60.1.2--That provisions have been made to preserve prime agricultural land.
The site is designated as "irrigated land (not prime)" by the United States Department of
Agriculture soils map.
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. Skylark Ranch is proposed to be serviced by North
Weld County Water District.Conditions of Approval ensure not only that taps are available,
but provide assurances that these connections will be made.The Poudre Fire Authority has
required fire hydrants and that the proposed buildings be fire protected by sprinklers.
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. Individual Sewage Disposal
Systems (I.S.D.S.) are proposed for each lot and will be installed according the Weld
County Department of Public Health and Environment I.S.D.S. regulations.
I EXHIBIT
2001-0845
--t5Sito
RESOLUTION, S-586
Robert L. Parsons
Page 2
e. Section 24-3-60.1.5 -- That 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 Geotechnical report indicated some on-site soils have a potential to
swell and building sites may contain shallow ground water.The Weld County Department
of Building Inspection has required all principal dwellings to have engineered foundations
to mitigate these concerns.
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. All roads within the minor subdivision shall be a minimum of eighteen(18)feet
in width and shall have a minimum depth of four(4) inches of gravel base. Conditions of
Approval ensure that the road will meet Minor Subdivision criteria.
g. Section 24-3-60.1.7 -- 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 minor subdivision
accesses onto State Highway 14.An approved access permit has been obtained from the
Colorado Department of Transportation.
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 minor subdivision. Skylark Ranch Restrictive
Covenants ensure that road maintenance will be the responsibility of the Homeowners
Association.
I. Section 24-3-60.1.9 --The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite.
j. Section 24-3-60.1.10 -- There will be no on-street parking permitted within the minor
subdivision. On-street parking will not be permitted within Skylark Ranch Subdivision as
stated in the Conditions of Approval.
k. Section 24-3-60.1.11 --That no additional access to a county, state or federal highway will
be created. The access to State Highway 14 was pre-existing.
Section 24-3-60.1.12—That the ingress and egress to all lots within the minor subdivision
will be to an internal road circulation system. One internal road will access all lots.
m. Section 24-3-60.1.13—That facilities providing drainage and stormwater management are
adequate. Conditions of Approval ensure that the site will have adequate drainage.
n. Section 24-3-60.1.14—That the maximum number of lots within the minor subdivision will
not exceed five (5)lots. Five Estate zoned lots are proposed for the minor subdivision.
o. Section 24-3-60.1.15—That 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.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 24-3-60.1.16—Thatthe subdivision will not have an undue adverse effect on wildlife
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RESOLUTION, S-586
Robert L. Parsons
Page 3
and its habitat, the preservation of agricultural land and historical sites. The Colorado Division of
Wildlife indicated in a referral response received March 6,2001, that the proposal has no conflicts
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:
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 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 (Skylark Ranch) shall be approved by the Weld County
Attorney's Office and be ready for recording in the Office of the Clerk and Recorder.
C. The applicant shall address the requirements of Weld County School District RE-4 as stated
in the referral response dated February 22, 2001. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
D. A revised roadway plan shall be submitted for review and approval to the Weld County
Department of Public Works. The revised plan shall address the concerns outlined in the
Department of Public Works referral response dated March 26, 2001. Evidence of
Department of Public Works approval shall be submitted to the Weld County Department
of Planning Services.
E. A revised drainage report shall be submitted for review and approval to the Weld County
Department of Public Works.The revised report shall address the concerns outlined in the
Department of Public Works referral response dated March 26, 2001. Evidence of
Department of Public Works approval shall be submitted to the Weld County Department
of Planning Services.
F. The applicant shall submit an digital file of all drawings associated with the Final Plat
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).
G. The Plat shall be amended to include the following:
1) The most recent version of Weld County's Right to Farm as listed in Section 22 of
the Weld County Code.
2) The locations of all fire hydrants, as approved by the Poudre Fire Authority.
3) The location of a bus pull off as requested by Weld County School District RE-4.
4) A continuous twenty(20)foot utility and drainage easement from the north side of
Lot A AMRE-2357 through Lots 1-5 adjacent to the subdivision road and cul-de-
sac.
RESOLUTION, S-586
Robert L. Parsons
Page 4
5) The twenty(20)foot utility and drainage easement between Lot 4 and Lot 5 shall
be designated as a total twenty foot easement to correspond with those between
other lots in the subdivision.
6) Legal descriptions on the plat shall state 2n°Amended Recorded Exemption 2357
instead of Amended Recorded Exemption 2357.
7) A drainage easement across Lot 2 and Lot 3 as required by Weld County
Department of Public Works.
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 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 North Weld County Water District and sewage disposal
shall be from Individual Sewage Disposal Systems. The irrigation system will be managed
by a Homeowner's Association,the form of which will be established prior to recording the
plat.
C. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment and Planning Services,and
adopted Weld County ordinances and policies.
D. As required by the Poudre Fire Authority, all homes must be fire sprinklered.
E. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
F. Outdoor storage shall be screened from public rights-of-way, and adjacent properties.
G. Weld County's Right To Farm ,as stated in Section 22 of the Weld County Code, shall be
recognized at all times.
H. The preliminary geotechnical reportfrom Earth Engineering Consultants,Inc.,dated August
28 2000, indicates there may be some on-site soils that have a potential to swell. Building
sites may also contain shallow ground water.Basement or crawlspace foundations may not
be feasible for all sites.The report also recommends only"light load residential structures."
All principal dwellings will be required to have engineered foundations which are designed
with these concerns in mind. Weld County Department of Building Inspection strongly
recommends that each foundation be based on a site-specific geotechnical report. The
Weld County Building Code Ordinance does allow an"open hole inspection,"performed by
a Colorado licensed engineer, in place of a site-specific geotechnical report.
No on street parking shall be allowed.
J. All homes shall have address numerals visible from the street fronting the property, and
posted with a minimum of six (6) inch numerals on a contrasting background.
K. Skylark Drive will be maintained as a private road. The Weld County Sheriffs Office has
limited ability to enforce traffic laws on private roads.Speeding cannot be addressed by law
enforcement unless it rises to the level of careless or reckless driving.
�-. RESOLUTION S-586
Robert L. Parsons
Page 5
L. Water service shall be provided by the North Weld County Water District.Individual sewage
disposal systems are required for the proposed residential lots and shall be installed
according to the Weld County Individual Sewage Disposal (I.S.D.S.) Regulations.
M. A Homeowners' Association shall be established before any residences are sold, and
membership in the association is mandatory for each residential owner. The Homeowners'
Association is responsible for liability insurance, taxes and maintenance of open space,
street(s), private utilities and other facilities. The 0.90 acre open space lot functions as a
separate parcel and will not be built upon.
N. Effective December 1, 1999, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Windsor Service Area Road Impact.
O. Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at
maturity.
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.
4. Prior to construction:
A. A stop sign and street name sign shall be placed at all intersections.
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Cathy Clamp
Michael Miller
Arlan Marrs
Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
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, Vicki Hamilton, 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 3, 2001.
Date'd ofky�^Apr], 2001. f/
Vicki Hamilton
Secretary
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