HomeMy WebLinkAbout951704.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SUBDIVISION FINAL PLAT,
S #385, FOR DOS RIOS ESTATES, SECOND FILING - DOS RIOS, INC., CIO JOYCE
ALLELY
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 14th day of
August, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Dos Rios, Inc., Go Joyce Allely, Dos Rios Estates, Second Filing, 17 Dos Rios,
Greeley, Colorado 80634, for a Site Specific Development Plan and Subdivision Final Plat, S #385,
on the following described real estate, to -wit:
Part of Section 34, Township 5 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, Patrick Mestas, Landmark Engineering Ltd., and Joyce Allely represented said
applicant, and
WHEREAS, Section 7 of the Weld County Subdivision Ordinance provides standards for
review of said Subdivision 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 7.3.2 of the Weld County Subdivision Ordinance including
specifically:
a. The Subdivision Final Plat request is consistent with the Weld County
Comprehensive Plan and is compatible with the future development of the
surrounding area as permitted by the existing Estate Zone District and plans
of affected municipalities. Weld County Comprehensive Plan Agricultural,
Residential, and Urban Growth Boundary Goals and Polices allow for the
conversion of agricultural land to residential use within an Urban Growth
Boundary in accordance with the plans of affected municipalities. The Town
of Milliken has indicated it has no objection to this request. The City of
Evans indicated conditional approval; these concerns have been addressed
as Conditions of Approval.
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b. Central Weld County Water District stated that a water supply sufficient in
quantity, dependability, and quality, including fire protection, can be made
available to the site.
c. Individual sewage disposal systems for the subdivision can be utilized
according to E (Estate) Zone District requirements.
d. Streets within the proposed subdivision are adequate in functional
classification, width and structural capacity to meet the traffic requirement
of the proposed use. The applicant proposes to pave the interior streets of
Dos Rios Estates, Second Filing, and requests Weld County assume future
maintenance of these streets.
e. Off -site street and highway facilities providing access to the proposed
subdivision will be made adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the subdivision. Weld
County Road 396 and 49th Street will provide access to the subdivision. A
road maintenance agreement between the applicant and Weld County is
submitted for improvements to:
Weld County Road 396 from the entrance of Dos Rios Estates,
Second Filing, to 47th Avenue;
ii. 47th Avenue from 49th Street to Weld County Road 396.
f. Drainage and stormwater management within the subdivision have been
addressed by the applicant and approved by the Weld County Department
of Public Works.
g. The 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 Sheriffs Department and Milliken Fire
Protection District have reviewed the proposal and have no objections.
h. The subdivision will not cause air pollution violations based on Colorado
Department of Health standards.
The subdivision conforms to the subdivision design standards of Section 10
of the Weld County Subdivision Ordinance.
j. The subdivision will not have an undue adverse effect on wildlife and its
habitat, the preservation of agricultural land, or historical sites.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Dos Rios, Inc., do Joyce Allely, Dos Rios Estates, Second
Filing, for a Site Specific Development Plan and Subdivision Final Plat, S #385, on the hereinabove
described parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Subdivision Final Plat:
a. The Board of County Commissioners shall approve the subdivision
improvements agreement and the form of collateral for Phase One of Dos
Rios, Second Filing, identified as Block 4, Lots 1-8. Security for the
agreement shall be tendered and accepted by the Board for the subdivision
improvements agreement.
b. Protective covenants for Dos Rios Estates, Second Filing, reviewed and
approved by the Weld County Attorney's Office, shall be ready for recording.
c. The applicant shall enter into a road maintenance agreement with Weld
County to mitigate future impacts on Weld County Road 396 between Alto
Way and 47th Avenue and on 47th Avenue between Weld County Road 396
and 49th Street.
d. The applicant shall provide to the Department of Planning Services written
documentation from School District RE -6 indicating whether land dedication
or cash -in -lieu will be required by the District to mitigate the student impacts
presented by this development.
e. The applicant shall provide written documentation indicating that all
requirements imposed by the City of Evans regarding drainage into the
Evans Ditch and construction of ditch crossings shall be met.
2. The following notes shall be placed on the Subdivision Final Plat:
a. A maximum number of 32 lots shall be allowed in the subdivision. The First
Phase of Dos Rios Estates, Second Filing, is identified as Block 4, Lots 1-8.
The Second Phase of Dos Rios Estates, Second Filing, includes all
remaining 24 lots. No conveyance of lots in Phase Two may occur until the
applicant has satisfied these requirements:
A final plat of Phase Two has been submitted, approved by and
recorded with Weld County;
ii. A subdivision improvements agreement, including form of collateral,
for Phase Two has been approved by the Board and security
tendered and accepted by Weld County.
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b. Uses permitted within the subdivision shall consist of E (Estate) uses as
identified in Section 36 of the Weld County Zoning Ordinance and described
in the application materials.
c. Access to the subdivision shall be provided by 49th Street and Weld County
Road 396 to the property.
d. All interior streets shall be paved. These streets shall be built to Weld
County standards and dedicated for public use. Upon compliance with all
requirements set forth in the improvements agreement, these streets may
be accepted for maintenance by Weld County.
e. Central Weld County Water District shall provide domestic water to the
subdivision.
f. Sewer service shall be provided by individual septic design systems
approved by the Weld County Health Department.
g. All lots within the subdivision shall comply with requirements of the Milliken
Fire Protection District.
h. The applicant shall apply for a utility permit for the crossings of storm water
culverts under Weld County Road 396.
City of Evans requirements regarding the Evans Ditch shall be observed at
all times:
Adequate clearance under the water pipes must be maintained for
high ditch flows;
ii. Construction or maintenance of the ditch crossing will not close off
the ditch during irrigation season.
No obstructions may be placed within the Public Service Company or
Colorado Interstate Gas Company utility easements on the property.
Obstructions include structures of any kind: fence posts, fire hydrants,
water line valves, light standards, leach fields or trees.
k. Modular or mobile homes or temporary structures shall not be allowed
unless used as temporary dwellings during the time of construction of a
permanent residence.
Passive radon detection shall be incorporated into the design of all dwelling
units in the subdivision.
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m. Minimum setback and offset requirements on each lot are 25 feet.
n. No outdoor storage of boats, campers, recreational vehicles, etc. is allowed
without fully screened fencing from adjacent properties and streets.
o. All lot owners within the subdivision shall strictly adhere to Section C-8 of
Dos Rios Estates, Second Filing, protective covenants regarding pipeline,
drainage, and utility easement restrictions.
p. All lot owners acquiring property in this subdivision upon which a Colorado
Interstate Gas Company (CIG) easement is located shall notify CIG of their
name, address, lot and phone number.
q. Prior to working within the boundaries of a CIG easement, all contractors are
required to contact CIG.
r. Operators of the on -site oil and gas wells shall have access to and be
allowed to maintain their facilities.
s. Prior to release of each residential building permit for a lot in the Second
Filing, a site specific soil percolation test and an ISDS design shall be
reviewed and approved by the Weld County Health Department.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of August, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
A (/ EDASTTOOFO
( /
to the Board
county Attorriey
D COUNTY, OLQ?ADO
. Hall, Chairman
/Barbara J. Kirkmeyer, Pr$ Tem
FXCl1SFr) IIATF OF SIC;NINf
George E. Baxter
(AYF
Constance L. Harbert
//A WijitIU'
W. H: Webster
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