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HomeMy WebLinkAbout20000647.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR SIJBDIVISION FINAL PLAT, S#523, FOR WEST HILL-N-PARK, FIFTH FILING, CONTAINING 18 LOTS -JER, A PARTNERSHIP 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 hearirg on the 12th day of April 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of JER, a partnership, 1317 15th Avenue, Greeley, Colorado 80631, for a Site Specific Development Plan and Major Subdivision Final Plat, S#523, for West Hill-N-Park, Fifth Filing, containing 18 lots on the following described real estate, to-wit: Part of the SW1/4 of Section 26, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Mike Thomas at said hearing, and WHEREAS, Section 7.3 of the Weld County Subdivision Ordinance provides standards for review of said Final Plat, 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 7.2 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 7.3.7 of the Weld County Subdivision Ordinance as follows: a. Section 7.3.7.1.1 - The proposed subdivision is located within an urban growth boundary area as defined and adopted in any approved intergovernmental agreement(s), or as defined in the Weld County Comprehensive Plan. UGB.Policy 2.2 states, "Until intergovernmental agreements are in place, urban growth boundaries will be defined as a one-half mile perimeter around the existing public sani:ary sewer facilities." Additionally, the Urban Growth Boundary section of the Weld County Comprehensive Plan states, "Development adjacent to municipalities is appropriate if municipal services can be extended to serve the area, and if the municipality wants to expand in that location and manner." The City of Evans has taken over the Hill-N-Park P� ,9/ 0/ " H00 e • i � , }i55Y' SURD West Hill-N-Park Park MAJOR SUBDIVISION FINAL PLAT, S #523 - JER, A PARTNERSHIP PAGE 2 wastewater treatment plant. Municipal water and sewage disposal is proposed to be provided by the City of Evans. The Cily has reviewed the proposal and its requirements are addressed through ':he Conditions of Approval. b. Section 7.3.7.1.2 - The proposed subdivision is in compliance with the Weld County Comprehensive Plan and the zone district in which the proposed subdivision is located. R.Goal 1 states, "Promote the development of affordable, quality housing for all Wet County residents," further R.Policy 1 further states, "opportunities for multiple-family and manufactured home developments should be providec to encourage lower-cost renter and owner occupied housing." c. Section 7.3.7.1.3 - Comments received from referral agencies have been addressed. The Utilities Coordinating Advisory Committee reviewed and conditionally approved the West Hill-N-Park 5th Filing Final Plat at its February 10, 2000, meeting. The concerns of the Utilities Coordinating Advisory Committee are addressed in the Conditions of Approval. Concerns from other referral agencies are also addressed in the Conditions of Approval. d. Section 7.3.7.1.4 - Definite provisions have been made for a water supply that is sufficient in terms of quantity, dependability and quality to provide water, including fire protection, for the subdivision. The applicant has indicated that approximately 60 taps are remaining and available. According to the applicant and the City of Evans, stub-outs were installed when the water line was relocated to the right-of-way. e. Section 7.3.7.1.5 - Definite provision has been made for sewage disposal. The City of Evans has indicated that the Hill•N-Park wastewater treatment plant has the capacity to adequately serve the proposal. f. Section 7.3.7.1.7 - Streets within the Major Subdivision will be adequate in functional classification, width and structural capacity to meet the traffic needs of the subdivision in accordance with the requirements set forth in the Design Standards of the Weld County Subdivision Ordinance. In accordance with Section 10.2.1 of the Subdivision Ordinance, interior streets are required to be paved in a Major Subdivision. Mesa Verde Drive was constructed in the 4th Filing and has been approved by the Weld County Department of Public Works. g. Section 7.3.7.1.7 - Off-site street or highway facilities Providing access to the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of tie subdivision in accordance with the requirements set forth in Section 10 of the Weld County Subdivision Ordinance. Access to the Fifth Filing from an off-site highway will be from Weld County Road 52 as is the case with the first four filings. The Weld County Department of Public Works has reviewed the plans and finds no conflicts. 2000-0647 SUED West Hill-N-Park MAJOR SUBDIVISION FINAL PLAT, S #523 - JER, A PARTNERSHIP PAGE 3 h. Section 7.3.7.1.8 -The Weld County Department of Public Works has approved the primary drainage report for the proposal. An improvements agreement was submitted along with the final plat application. Section 7.3.7.1.9 -The subdivision will not cause an unreasonable burden on the ability of local governments or districts tD provide fire and police protection, hospital, solid waste disposal and other services. The City of Evans has committed to service the proposal with water and sewage disposal. The City of Evans is requesting that "As-Built" plans be submitted to the City of Evans Engineer. The City of Evans also wants to ensure that Weld County will not release the Letter of Credit until all public improvements are accepted. The City of Greeley, in its referral dated February 8, 2000, recommended approval of this subdivision. The Milliken Fire District referral letter dated December 31, 1999, Weld County School District 6 referral letter dated Decembe'28, 1999, and the Weld County Sheriffs Office referral letter dated December 30, 1999, all expressed no concerns with this proposed Fifth Filing of the Hill-N-Park Subdivision. j. Section 7.3.7.1.10 -The subdivision will not cause air pollution violations based on Colorado Department of Public Health and Environment Standards. The Weld County Department of Public Health and Environment reviewed the proposal and does not have concerns with air pollution being generated by the site. A note is on the plat that indicates that waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust. k. Section 7.3.7.1.11 -The subdivision conforms with the Subdivision Design Standards of Section 10 of the Weld County Subdivision Ordinance. The Weld County Departments of Public Works and Planning Services have reviewed the proposal and determined that it is in conformance with Section 10 of the Weld County Subdivision Ordinance. Section 7.3.7.1.12 - The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land, and historic sites. The proposal will expand an existing residential development, Hill-N-Park Filings One and Two and West Hill-N-Park Filings Three and Four (approximately 450 lots), and is surrounded by other residential developments including Indian Hills (21 lots), Dos Rios (51 lots) and Arrowhead (63 lots). Additionally, the prcposal incorporates the small area of floodplain (potential wildlife habitat) into 2.6 acres of proposed open space. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of JER, a partnership, for a Site Specific Development Plan and Major Subdivision Final Plan, S#523, for West Hill-N••Park, Fifth Filing, containing 18 lots on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 2000-0647 SUBD West Hill-N-Park MAJOR SUBDIVISION FINAL PLAT, S#523 - JER, A PARTNERSHIP PAGE 4 1. Prior to recording the Major Subdivision Final Plat: A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. B. A certificate from the Weld County Treasurer showing no delinquent taxes for 1999 shall be submitted to the Department of Planning Services for the Final Plat area. 2. The Final Plat shall meet all requirements of Sections 7.2.6 and 7.2.7 of the Weld County Subdivision Ordinance #173, and shall delineate the following information: A. The following information shall be placed on the plat: 1. The 15-foot utility easement within the front setbacks of Lots 1-18 West Hill-N-Park, Fifth Filing, shall be indicatec on the plat. 2. The 15-foot utility easement within the front setback of Lots 1-18 West Hill-N-Park shall be extended east along the southern boundary of the open space and drainage detention parcel to the boundary of the approximate One Hundred (100) Year Flood Zone. 3. The 30-foot landscape and utility easement located on the northern edge of the open space and drainage detention parcel shall be removed from the approximate One Hundred (100) Year Flood Zone indicated on the plat. 4. A 15-foot utility easement shall be designated on the plat along the western boundary of the approximate One Hundred (100) Year Flood Zone between the 30-foot landscape and utility easement on the north end of the open space and drainage detention lot and the proposed 15-foot utility easement on the south side of the same lot. B. The following notes shall be placed on the plat: 1. This subdivision shall use the existing municipal sewage treatment system. 2. This subdivision shall use the existing public water supply. 3. Proper building permits shall be obtained prior to any construction or excavation. 2000-0647 SUBD West Hill-N-Park MAJOR SUBDIVISION FINAL PLAT, S#523 - JER, A PARTNERSHIP PAGE 5 4. Building permits are required for any accessory buildings being constructed or moved onto the property. Additionally, permits are required for any decks and patios. 5. All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code. 6. At the time that the application is accepted for a building permit, a plan review will be done. A complete review of the building or structure may reveal other building issues or areas needing attention. 7. No permanent disposal of wastes shall be permitted at this site. 8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance issues. 9. All construction shall occur in accordance with :he recommendations contained in the Geotechnical Engineering Report (April 1998) prepared by Terracon for the West Hill-N- Park, Fifth Filing, including implementation of a Groundwater Monitoring Plan, and the Colorado Geological Survey referral. 10. Each structure shall require an engineered foundation per the Weld County Building Inspection Department. 11. The open space and drainage detention area on this plat is not a buildable lot. 3. The applicant shall construct a six-foot wood privacy fence extending east from the existing fence line approximately 400 feet to the fence comer located east of the adjacent property owner's outbuilding. 4. 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. 2000-0647 SUBD West Hill-N-Park MAJOR SUBDIVISION FINAL PLAT, S#523 - JER, A PARTNERSHIP PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of April, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO ATTEST: Lek a.„. 11' arbara J. ' kmeyer, hair Weld County Clerk to the B rd F - A9 V' - Iasi BY: CY. �. v Vs��lJ.J.. He, Pro-Tem p 1 J.J.Deputy Clerk to the Boa (G,) ;° °C �\ X� it . Baxter APPIVED AS TO FORM: Y / 7 ; . Dale K. Hall/ L.--00(int'YAtt.thei sr; Glenn Vaact— ' 2000-0647 SUBD West Hill-N-Park Hello