HomeMy WebLinkAbout992746.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN, S #505, FOR A
FOUR (4) LOT MINOR SUBDIVISION - LESLIE AND JEANNE GELVIN
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 8th day of
December, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Leslie and Jeanne Gelvin, c/o Steve Stencel, Intermill Land
Surveying, Inc., 1301 North Cleveland Avenue, Loveland, Colorado 80537, for a Site Specific
Development Plan and Final Plan for a four (4) lot Minor Subdivision on the following described
real estate, to-wit:
Lot A of Recorded Exemption #1723; located in the
NE1/4 of Section 7, Township 7 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, Steve Stencel, Intermill Land Surveying, Inc., represented said applicant,
and
WHEREAS, Section 4.5 of the Weld County Subdivision Ordinance provides standards
for review of said Minor 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 4.5 of the Weld County Subdivision Ordinance.
2. It is the opinion of the Weld County Board of Commissioners that the application
has shown compliance with Section 4.6.16 of the Weld County Subdivision
Ordinance, as follows:
a. Section 4.6.16.1 -- "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." 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.
Pi-, /I 992746
�jQlµnJ PL1275
MINOR SUBDIVISION - LESLIE AND JEANNE GELVIN
PAGE 2
b. Section 4.6.16.2 -- "That provisions have been made to preserve prime
agricultural lands." Soils on the subject site are defined as prime by the
USDA Soils Conservation Service. The Right to Farm Covenant is a part
of the Grandview Acres Restrictive Covenants, alerting lot owners of the
potential conflicts that may occur as a result of residing in a
predominantly agricultural area.
c. Section 4.6.16.3 -- 'That 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." The
North Weld County Water District has agreed to provide water service to
the development.
d. Section 4.6.16.4 -- "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." Individual Septic Systems are
proposed for each lot and will be installed according to Weld County
Health Department regulations.
e. Section 4.6.16.5 -- 'That all areas of the Minor Subdivision which may
involve soil or topographical conditions presenting hazards or requiring
special precautions have been identified by the subdivider and that the
proposed uses of these areas are compatible with such conditions." No
areas of special need have been identified on the subject site.
f. Section 4.6.16.6 -- "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 eighteen (18) feet in width
and shall have a minimum depth of four (4) inches of gravel base." The
Weld County Department of Public Works has reviewed the application
and determined that the proposed access will meet these standards.
g. Section 4.6.16.7 -- '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." One access will be constructed
from Weld County Road 15, which is classified as a paved local road.
The Weld County Department of Public Works has determined that this
road is adequate to handle the additional traffic generated by four
residential lots.
h. Section 4.6.16.8 -- '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
992746
PL1275
MINOR SUBDIVISION - LESLIE AND JEANNE GELVIN
PAGE 3
the Minor Subdivision." The Remington Place Restrictive Covenants
state the Homeowners Association's responsibilities regarding all internal
road maintenance.
Section 4.6.16.9 -- "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 townsite.
j. Section 4.6.916.10 -- "That there will be no on-street parking permitted
within the Minor Subdivision." On-street parking will not be permitted
within Remington Place, as stated in the Conditions of Approval.
k. Section 4.6.16.11 -- "That no additional access to county, state, or federal
highway will be created." This application proposes only one additional
access; that being the aforementioned internal road access from Weld
County Road 15.
Section 4.6.16.13 -- "That facilities providing drainage and stormwater
management are adequate for the Minor Subdivision." The drainage
report submitted by a professional engineer has been reviewed and
approved by the Weld County Department of Public Works.
m. Section 4.6.16.14 -- "That the maximum number of lots within the Minor
Subdivision will not exceed five (5) lots." Four Estate zoned lots are
proposed for the minor subdivision.
n. Section 4.6.16.15 -- "That 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 Department of
Planning Services has received no referral responses from local
governments or primary service providers which reflect an inability to
provide the necessary services.
o. Section 4.6.19 -- The subdivision will not have an undue adverse effect
on wildlife and its habitat, the preservation of agricultural land, and
historical sites. In a referral response dated September 29, 1999, the
Colorado Division of Wildlife stated that there existed no conflicts with its
interests.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Larry Intermill for a Site Specific Development
Plan and Final Plan for a five (5) 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:
992746
PL1275
MINOR SUBDIVISION - LESLIE AND JEANNE GELVIN
PAGE 4
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 Board approval. The security for the agreement shall
be tendered and accepted by the Board of County Commissioners.
B. The Restrictive Covenants for Remington Place shall be approved by the
Weld County Attorney's Office and be ready for recording in the Office of
the Clerk and Recorder.
C. The Plat shall be amended to include the most recent version of the Right
to Farm Covenant.
D. The applicant shall submit a final drainage plan stamped and signed by a
professional engineer to verify drainage requirements.
E. The plat shall be amended to show the location of all fire hydrants, as
approved by the Poudre Valley Fire District.
F. The plat shall be amended to reflect appropriate easement widths, as
described in Section 10.6 of the Weld County Zoning Ordinance.
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 Plan 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 Estate
Zone District requirements as set forth in Section 36 of the Weld County
Zoning Ordinance. The Minor Subdivision shall consist of four (4) lots.
B. Water service shall be provided by the North Weld County Water District
and sewage disposal shall be from individual septic systems. The
irrigation system will be managed by a Homeowner's 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 Public Works Department, Weld County Health
Department, and the Weld County Department of Planning Services
D. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
E. Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
992746
PL1275
MINOR SUBDIVISION - LESLIE AND JEANNE GELVIN
PAGE 5
F. The Right to Farm Covenant, as stated in the Weld County
Comprehensive Plan, shall be recognized at all times
G. In accordance with the School District RE-4 referral response, the bus
pick-up area shall be Weld County Road 15. There will be no entry into
the subdivision for student transportation.
H. The area delineated on the plat as "Tract A Open Space" shall, at no
time, be considered a buildable lot within the subdivision.
Proper building permits shall be obtained prior to any construction or
excavation.
J. Building permits are required for any accessory buildings being
constructed or moved onto the property.
K. All foundations are required to be engineered. Such foundation design
shall be based on a site-specific geotechnical report or an "open-hole"
inspection made by a Colorado licensed engineer.
L. All buildings shall maintain distances from property lines and adjacent
buildings as outlined in Table 5-A of the 1997 Uniform Building Code.
4. Prior to the release of building permits:
A. Proper building permits shall be obtained prior to any construction or
excavation.
B. Building permits are required for any accessory buildings being
constructed or moved onto the property.
C. All foundations are required to be engineered. Such foundation design
shall be based on a site-specific geotechnical report or an "open-hole"
inspection made by a Colorado licensed engineer.
D. All buildings shall maintain distances from property lines and adjacent
buildings as outlined in Table 5-A of the 1997 Uniform Building Code.
992746
PL1275
MINOR SUBDIVISION - LESLIE AND JEANNE GELVIN
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of December, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CO RA O
ATTEST: ,g'_//
c�Ai Dale K. Hall, Chair
Weld County Clerk to the :o.
ept
ISeI
BY: .o (� _ 4 �c�=� arbara J. Kirkmey Pro- rm
u G W
Deputy Clerk to the ;� Ace
Georg E. xter
APPROVED AS TO FORA:,
le
ounty Atto ey
Glenn Vaad
992746
PL1275
Hello