HomeMy WebLinkAbout20001718.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN, S #534, FOR A
THREE (3) LOT MINOR SUBDIVISION - SHAWN AND PAULA PETERSBURG
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 9th day of
August 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Shawn and Paula Petersburg, 2509 Weld County Road 10, Erie, Colorado
80576, for a Site Specific Development Plan and Final Plan, S #534, for a three (3) lot Minor
Subdivision on the following described real estate, to-wit:
Part of the SE1/4 of Section 9, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 4.6 of the Weld County Subdivision Ordinance 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 4.5 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 4.6.16 of the Weld County Zoning Ordinance as
follows:
a. Section 4.6.16.1 -- Through the Final Plat application process, the
applicants have demonstrated compliance with the Comprehensive Plan.
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 the Subdivision Ordinance and Estate
Zone District requirements and incorporates comments from referral
agencies and surrounding property owners.
b. Section 4.6.16.2 -- Soils on the subject site are defined as prime by the
U.S.D.A. Soils Conservation Service. The small size and shape of the
site, topographic relief, and dry pond areas make it difficult to farm. The
200C-1718
cC'; gz f�/�iO /Ou) 1YZ 1 ii°) P',_1376
MINOR SUBDIVISION FINAL PLAN, S #534 - SHAWN AND PAULA PETERSBURG
PAGE 2
Right to Farm Covenant will be placed on the final plat to alert loi owners
of the potential conflicts that may occur as a result of residing in a
predominantly agricultural area.
c. Section 4.6.16.3 -- Three (3) taps have been purchased from the Left
Hand Water District. These three (3) taps will service the three (3)
proposed subdivision lots. The Mountain View Fire Protection District, in
its June 7, 2000, referral stated that there is sufficient fire flow for
residences up to 3,600 square-feet total floor area.
d. Section 4.6.16.4 -- The subdivision will use existing and proposed septic
systems according to the Department of Public Health and Environment.
The approved Geological Hazard Development Permit (permit#17) for
this proposed subdivision indicates that it is likely that septic systems will
be required to be engineered systems.
e. Section 4.6.16.5 -- The proposed subdivision is located within the
Geological Hazard Overlay Zone. The applicants have applied and
received approval for a Geological Hazard Overlay Permit and a note will
be incorporated on the plat indicating that the site shall be developed in
accordance with the recommendations contained in the Geotechnical
Report prepared by Scott, Cox and Associates, dated July 5, 1998
(revised July 30, 1998). A Geological Hazard Development Permit was
approved for this subdivision on May 5, 2000.
f. Section 4.6.16.6 -- The applicants are proposing to provide a 18-foot wide
access road with 4 inches of gravel base off of Weld County Road 10.
The Weld County Department of Public Works, in its referral response
dated June 12, 2000, indicated that the street access for this subdivision
is adequate, provided two existing accesses off of Weld County Road 10
are closed, the right-of-way for the access road (Deere Road) for Lots 1-3
is dedicated to Weld County, and the cul-de-sac proposed for Lot 1 is
dedicated to Weld County. The Mountain View Fire Protection District, in
its June 29, 2000, referral response, indicated that the access road
provided by the applicants is adequate for fire response purposes. The
Weld County Department of Public Works is in agreement with this
requirement.
g. Section 4.6.16.7 -- In a referral response dated June 12, 2000, the Weld
County Department of Public Works indicated that the proposed
subdivision will have little to no impact on Weld County Road 10
2000-1718
PL1376
MINOR SUBDIVISION FINAL PLAN, S #534 - SHAWN AND PAULA PETERSBURG
PAGE 3
h. Section 4.6.16.8 -- The land owners within the subdivision shall be
responsible for the maintenance of the access road known as Deere
Road.
Section 4.6.16.9 -- The parcel is not part of a previously recorded
subdivision or unincorporated town.
j. Section 4.6.16.10 -- On-street parking will not be permitted within the
Petersburg Minor Subdivision, as stated in the Conditions of Approval.
k. Section 4.6.16.11 -- One access is proposed for this subdivision on an
existing road that will be upgraded to serve the subdivision. The two
additional existing accesses to Weld County Road 10 shall be closed.
Section 4.6.16.13 -- The Drainage Report submitted by Park Engineering
Consultants has been reviewed by the Weld County Department of Public
Works and shall be approved subject to submittal and review of culvert
sizing for the ditch crossing.
m. Section 4.6.16.14 -- Three Estate-zoned lots are proposed for the minor
subdivision.
n. Section 4.6.16.15 -- The Conditions of Approval ensure that the Minor
Subdivision will allow for the provision of adequate services.
o. Section 4.6.16.19 -- In a referral response dated June 6, 2000, the
Colorado Division of Wildlife indicated no conflicts with its interests.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners cf
Weld County, Colorado, that the application of Shawn and Paula Petersburg, for a Site Specific
Development Plan and Final Plan, S #534, for a three (3) lot Minor Subdivision 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 (Private Road Maintenance) including the form of
collateral. The applicant shall submit a signed and dated copy of this
document prior to scheduling a Board of County Commissioners hearing.
The security for the agreement shall be tendered and accepted by the
Board of County Commissioners.
2000-1718
PL1376
MINOR SUBDIVISION FINAL PLAN, S #534 - SHAWN AND PAULA PETERSBURG
PAGE 4
B. The Storm Drainage Report shall be amended to include culvert sizing for
the ditch culvert and shall be submitted to the Weld County Department
of Public Works. Evidence of approval of the amended Storm Drainage
Report by the Weld County Department of Public Works shall be
submitted to the Department of Planning Services.
C. The metal shed and corral must be removed from the proposed 60-toot
right-of-way for Deere Road or be designated as Non-Conforming Uses.
D. The existing fence shall be moved to the existing property line.
E. The plat shall be amended to include the text of the Right to Farm
Covenant as stated on Page 7-1 of the Weld County Comprehensive
Plan, effective March 25, 2000.
F. The plat shall be amended to show the locations of all fire hydrants, as
approved by the Mountain View Fire Protection District.
G. The applicant shall address the requirements of St. Vrain Valley School
District RE-1J, as stated in a referral response received June 7, 1999.
Evidence of such shall be submitted to the Department of Planning
Services.
H. The requirements of the Mountain View Fire Protection District, outlined
in its June 29, 2000, referral letter, shall be addressed by the applicant.
Evidence of such shall be submitted to the Department of Planning
Services.
The physical roadway for Deere Road shall be indicated on the plat
J. The right-of-way for Deere Road shall be dedicated to Weld County
K. The existing two accesses on Weld County Road 10 shall be closed and
Lot 3 will use the internal roadway for access.
L. A street name sign and "Stop" sign shall be provided at the end of the
internal roadway.
M. The proposed cul-de-sac shall be indicated on the plat and shall be
included within the right-of-way for Deere Road. The cul-de-sac shall
have a 65-foot right-of-way radius with a 50-foot edge of traveled way
radius.
2000-1718
PL1376
MINOR SUBDIVISION FINAL PLAN, S #534 - SHAWN AND PAULA PETERSBURG
PAGE 5
N. The 15-foot utility easement along the south lot line of Lot 1 of the
proposed subdivision shall be widened to 20-feet to match the 20-foot
utility easement located along the northern boundary of proposed Lot 1.
2. 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.
3. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording (in addition to the notes already included on
the draft final plat):
A. The Final Plan allows for Estate uses and shall comply with the E (Estate)
Zone District requirements as set forth in Section 36 of the Weld County
Zoning Ordinance. The Minor Subdivision shall consist of three 3) lots.
B. All proposed or existing structures will meet the minimum setback and
offset requirements for the zone district in which the property is located.
Pursuant to the definition of setback in the Weld County Zoning
Ordinance, the required setback is measured from the future right-of-way
line.
C. Any future structures or uses on site must obtain the appropriate zoning
and building permits.
D. Prior to the release of building permits for any structure exceeding 3,600
square feet, the applicant must comply with the requirements of Appendix
III-A of the Uniform Fire Code, as recommended by the Mountain View
Fire Protection District.
E. The proposed subdivision is located within the Southwest Weld County
Road Impact Area 2. Effective December 1, 1999, Building Permits
issued on the proposed lots will be required to adhere to the fee structure
of the Southwest Weld Road Impact Program Area 2 (Ordinance 211).
F. Future improvements, maintenance, and snow removal of Deere Road
shall be the responsibility of the property owners within this subdivision.
G. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
2000-1718
PL1376
MINOR SUBDIVISION FINAL PLAN, S #534 - SHAWN AND PAULA PETERSBURG
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of August, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W5LD COUNTY, COLORADO
ATTEST: c ' Y tit', tsc. a Al/A-4- L_I . _
/' ►i /f� ��i� Barbara J. kmeyer, Chair
r4 �� rk to the Board
V 4.
.f
,cci / j/ J. �eile, Pro-Tem
t '�
qty N Lo the Board EXCUSED
ti 'f.- i A k ,7 Qe‘prge E. Baxter
lQi
, S79/FORM: _
i
Dale K. Hall
t6 . „t2C------7--.,
unty ttorney EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad
2000-1718
PL1376
Hello