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Home My WebLink About20010844.tiff RESOLUTION RE: MINOR SUBDIVISION FINAL PLAN FOR SKYLARK RANCH, S #586 - ROBERT PARSONS 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 25th day of April, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Robert Parsons, 7517 East Highway 14, Fort Collins, Colorado 80524, for Minor Subdivision Final Plan, S#586, for Skylark Ranch on the following described real estate, to-wit: Second Amended Recorded Exemption #2375; being part of the S1/2 of Section 8, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present 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, 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 E (Estate) Zone District requirements and incorporates comments from referral agencies and surrounding property owners. b. Section 24-3-60.P.2— 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. t� 2001-0844 PL1413 PL, SKy/ 1' Ran P MINOR SUBDIVISION FINAL PLAN, S #586 - ROBERT PARSONS PAGE 2 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. Skylark Ranch is proposed to be serviced by the North Weld County Water District. The 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.P.4— 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. e. Section 24-3-60.P.5—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.P.6—The 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 will be a minimum of eighteen (18)feet in width and have a minimum depth of four(4) inches of gravel base. The Conditions of Approval ensure that the roads will meet Minor Subdivision criteria. 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. 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.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 Skylark Ranch Restrictive Covenants ensure that road maintenance will be the responsibility of the Homeowners' Association. 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—On-street parking will not be permitted within Skylark Ranch Subdivision as stated in the Conditions of Approval. 2001-0844 PL1413 MINOR SUBDIVISION FINAL PLAN, S #586 - ROBERT PARSONS PAGE 3 k. Section 24-3-60.P.11 — 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.P.12 —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.P.13—The Conditions of Approval ensure that the site will have adequate drainage. n. Section 24-3-60.P.14— Five Estate zoned lots are proposed for the Minor Subdivision. 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. 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 Minor Subdivision will not have an undue adverse effect on wildlife 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 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 Robert Parsons, for Minor Subdivision Final Plan, S #586, for Skylark Ranch 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 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. 2001-0844 PL1413 MINOR SUBDIVISION FINAL PLAN, S #586 - ROBERT PARSONS PAGE 4 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 of Amended Recorded Exemption #2357 through Lots 1-5 adjacent to the Minor Subdivision road and cul- de-sac. 5) The twenty (20)foot utility and drainage easement between Lots 4 and 5 shall be designated as a total twenty-foot easement to correspond with those between other lots in the Minor Subdivision. 2001-0844 PL1413 MINOR SUBDIVISION FINAL PLAN, S #586 - ROBERT PARSONS PAGE 5 6) Legal descriptions on the plat shall state Second 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 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 North Weld County Water District and sewage disposal shall be from I.S.D.S. The irrigation system will be managed by a Homeowners' 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 report from 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. The Weld County Department of Building Inspection strongly recommends that each foundation be based on a site-specific geotechnical report. Chapter 29 of the Weld County Code does allow an "open hole inspection," 2001-0844 PL1413 MINOR SUBDIVISION FINAL PLAN, S #586 - ROBERT PARSONS PAGE 6 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 Sheriff's 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. 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 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. 2001-0844 PL1413 MINOR SUBDIVISION FINAL PLAN, S #586 - ROBERT PARSONS PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO AO ATTEST: ausgie/� N, Tr. � Qi%ate a\ J. eile, Chair Weld County Clerk to the : tuft, Iriq 4" lenn Vaad, Pro-Te 1�4 }(32-44 �,_._.i�r • 1 Deputy Clerk to the BoaNi( ! \ / /71-4----0 I Wil . Jerkserks ROV AS TO F vid . on my Attorney Robert D. Masden 2001-0844 PL1413 Hello