HomeMy WebLinkAbout20001719.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution with amendments to the Conditions of Approval 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-534
PLANNER: Chris Gathman
APPLICANT: Shawn & Paula Petersburg
ADDRESS: 2509 Weld County Road 10, Erie, Colorado 80516
REQUEST: Final Plat for a 3-lot Minor Subdivision - Petersburg Minor Subdivision
LEGAL DESCRIPTION: Situated in part of the SE 1/4 of Section 9, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 10; approximately 1/2 mile East of
Weld County Road 5.
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 4.5 of the
Weld County Subdivision Ordinance.
2. It is the opinion of the Planning Commission that the application has shown compliance with:3ection
4.6.9 of the Weld County Subdivision Ordinance as follows:
a. Section 4.6.9.1--Compliance with the Weld County Comprehensive Plan,the Weld County
Subdivision Ordinance, the zone district in which the proposed use is located, and any
adopted intergovernmental agreements or master plans of affected municipalities. Throi igh
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 4.6.9.2--That provisions have been made to preserve prime agricultural land. Soils
on the subject site are defined as prime by the USDA-Soils Conservation Service. The
small size and shape of the site, topographic relief and dry pond areas make it ditficu!t to
farm. The Right to Farm Covenant will be placed on the final plat to alert lot owners of the
potential conflicts that may occur as a result of residing in a predominantly agricultural a ea.
c. Section 4.6.9.3--That provisions have been made for a public water supply that is sufficient
in terms of quantity, quality, and dependability; and to provide water for the Minor
Subdivision including fire protection. Three (3) taps have been purchased from the _eft
Hand Water District. These three (3) taps will service the three (3) proposed subdivision
lots. The Mountain View Fire Protection District, in their June 7, 2000 referral, stated that
there is sufficient fire flow for residences up to 3,600 square feet total floor areai 4 .
EXHIBIT
I --31-
2000-1719, 3 Shy fL13710
RESOLUTION Z-534
Shawn and Paula Petersburg
Page 2
d. Section 4.6.9.4--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. 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 4.6.9.5--That all areas of the Minor Subdivision that may involve soil or
topographical conditions presenting hazards or requiring special precautions have been
identified by the subdivider and that the proposed uses of those areas are compatible with
such conditions. The proposed subdivision is located within the Geological Hazard Overlay
zone. Applicants have applied and received approval for a Geological Hazard Overlay
Permit and a note is 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 & 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 4.6.9.6--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 18 feet in width
and shall have a minimum depth of 4 inches of gravel base. The applicants are proposing
to provide an 18-foot wide access road with 4 inch gravel base off of Weld County Road 10.
The Weld County Department of Public Works,in their 6/12/00 referral response, 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 their 6/29/00 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 4.6.9.7--That off-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. Public Works, in their 6/12/00 referral
response, indicated that the proposed subdivision will have little to no impact on Weld
County Road 10.
h. Section 4.6.9.8--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 land owners within the minor subdivision. The land owners within the
subdivision shall responsible for the maintenance of Deere Road (the access road for the
subdivision).
Section 4.6.9.9--That the minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite. The parcel is not part of a previously
recorded subdivision or Unincorporated Town.
j. Section 4.6.9.10--That there will be no on-street parking permitted within the minor
subdivision. On-street parking will not be permitted within the Petersburg Minor
Subdivision, as stated in the Conditions of Approval.
RESOLUTION Z-534
Shawn and Paula Petersburg
Page 3
k. Section 4.6.9.11--That no additional access to county, state, or federal highway will be
created. One access is proposed for this subdivision on an existing road that will he
upgraded to serve the subdivision. Two additional existing accesses to Weld County Road
10 shall be closed.
Section 4.6.9.13--That facilities providing drainage and stormwater management are
adequate. The drainage report submitted by Park Engineering Consultants has been
reviewed by the Weld County Public Works Department and shall be approved subject to
submittal and review of culvert sizing for the ditch crossing.
m. Section 4.6.9.14--That the maximum number of lots within the minor subdivision Nill not
exceed five (5) lots. Three Estate-Zoned lots are proposed for the minor subdivision.
n. Section 4.6.9.15--That the minor subdivision will not cause an unreasonable burder on the
ability of local governments or districts to provide fire and police protection o- other
services. Conditions of approval ensure that the minor subdivision will allow for the
provision of adequate services.
o. Section 4.6.9.16--The subdivision will not have an undue adverse effect on wildlife anc its
habitat, the preservation of agricultural land, and historical sites. In a referral response
dated June 6, 2000, the Colorado Division of Wildlife stated that there existed 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 (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.
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 storm drainage report by the Weld County Department of Public Works shall
be submitted to the Dept. Of Planning Services. (Dept. Of Public Works)
C. The metal shed and corral must be removed from the proposed 60-foot right-of-way
for Deere Road or be designated as Non Conforming Uses. (Dept. of Public Works)
D. The existing fence shall be moved to the existing property line. (Dept. of Public
Works)
E. The Plat shall be amended to include the most recent version of the Right to Firm
Covenant. (Dept. of Planning Services)
F. The plat shall be amended to show the locations of all fire hydrants, as approved by the
Mountain View Fire Protection District. (Weld County Utility Board)
RESOLUTION Z-534
Shawn and Paula Petersburg
Page 4
G. The applicant shall address the requirements of the St. Vrain Valley RE-1J School
District 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 their ,une 28,
2000 referral letter, shall be addressed by the applicant. Evidence of such shall be
submitted to the Department of Planning Services. (Mountain View Fire Protection District)
The physical roadway for Deere Roads hall be indicated on the plat. (Dept. of Planring
Services)
J. The right-of-way for Deere Road shall be dedicated to Weld County.(Dept.Of Public Works)
K. The existing two accesses on Weld County Road 10 shall be closed and lot 3 will use the
internal roadway for access. (Dept. of Public Works)
L. A street name sign and stop sign shall be provided at the end of the internal roadway.
(Dept. of Public Works)
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. (Dept. of Public Works)
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. (Weld County Utility Board)
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 Plat allows for Estate uses and shall comply with the 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).
RESOLUTION Z-534
Shawn and Paula Petersburg
Page 5
F. Future improvements, maintenance, and snow removal of Deere Road shall be the
responsibility of the property owners within this subdivision.
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage Absent
Fred Walker Arlan Marrs
Cristie Nickles Michael Miller
John Folsom Jack Epple
Bryant Gimlin Cathy Clamp
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 July 6, 2000.
Dated the 6'h of June, 2000.
ok, Cu aYeVIA%_
Trisha Swanson
Secretary
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