HomeMy WebLinkAbout980900.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAT, S #448, FOR A
FIVE (5) LOT MINOR SUBDIVISION - JUBILEE ACRES
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 27th day
of May, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Merle and Karla Grieser, 20390 Weld County Road 44, LaSalle,
Colorado 80645, for a Site Specific Development Plan and Final Plat, S#448, for a five (5) lot
Minor Subdivision, on the following described real estate, to-wit:
Lot B of RE #789 being in the E'/ E% NW% of Section 21,
Township 4 North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Merle and Karla Grieser, Applicants; were present at said hearing, and
WHEREAS, Section 4.6.16 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, as amended.
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 Subdivision
Ordinance, as amended, 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 or affected municipalities. Through the
Change of Zone application process, the applicants have demonstrated
compliance of the Minor Subdivision with the Comprehensive Plan, as
well as compatibility with the surrounding area which consists of rural
residences, cattle feeding, and agricultural production. The overall
design of the proposed development adheres to the Subdivision
Ordinance and Estate Zone District requirements of the Zoning
Ordinance and incorporates comments from referral agencies and
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MINOR SUBDIVISION FINAL PLAT, S #448 - JUBILEE ACRES
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surrounding property owners. The Town of LaSalle, approximately three
miles from the property, stated no conflict with the Minor Subdivision.
b. Section 4.6.16.2 -- That provisions have been made to preserve prime
agricultural land. Soils on the subject site are defined as non-prime by
the USDA Soil Conservation Service. The Right To Farm Covenant is a
part of the Jubilee Acres Protective 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. Central
Weld County Water District is proposed for 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. In
accordance with Colorado Geological Survey recommendations, swale
areas have been identified on Lots 4 and 5 of the plat as non-buildable
areas and a site specific soil investigation for each lot is required prior to
development due to potentially expansive soils.
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 Public
Works Department has reviewed the application and determined that
both accesses meet these standards.
g. Section 4.6.16.7 -- That off-site 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. Two accesses are existing from
Weld County Road 44, which is classified a paved collector road. The
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Public Works Department has determined that this road is adequate to
handle the additional traffic generated by five 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
the minor subdivision. Jubilee Acres Protective Covenants state the
Homeowners Association responsibility 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
property is not part of, or contiguous with, a previously recorded
subdivision or unincorporated townsite.
j. Section 4.6.16.10 -- That there will be no on-street parking permitted
within the minor subdivision. On-street parking will not be allowed on
Jubilee Way, 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. Two existing accesses will service the
development, one for residential uses and the other for oil and gas
structures and agricultural uses.
Section 4.6.16.12 -- That the ingress and egress to all lots within the
minor subdivision will be to an internal road circulation system. Access to
all lots from Weld County Road 44 will be onto Jubilee Way, the
residential street system. The secondary access along the eastern
boundary will be restricted for oil and gas and agricultural uses only.
m. Section 4.6.16.13 -- That facilities providing drainage and storm water
management are adequate. A drainage report submitted by a
professional engineer has been reviewed and approved by the Weld
County Public Works Department.
n. Section 4.6.16.14 -- That the maximum number of lots within the minor
subdivision will not exceed five (5) lots. Five rural residential lots are
being proposed for development in the Minor Subdivision.
o. 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 applicants have
satisfied LaSalle Fire Protection District requirements in the proposed
placement of two fire hydrants on the site, as delineated on the plat. The
Weld County Sheriffs Office and Weld County School District Re-1
responded during the minor subdivision process with no conflict.
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P. Section 4.6.9.19 -- The subdivision will not have an undue adverse effect
on wildlife and its habitat, the preservation of agricultural land, and
historical sites. The Division of Wildlife stated that the habitat on this site
does support some wildlife which will not be greatly impacted by the
minor subdivision; recommendations to inform prospective lot owners and
encourage co-existence with wildlife appear as a requested note on the
plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Merle and Karla Grieser, for a Site Specific
Development Plan and Final Plat, S #448, 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 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 security for the agreement shall be tendered and
accepted by the Board of County Commissioners.
b. The Protective Covenants for Jubilee Acres 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 :
(1) to delete the last sentence of the Right To Farm Covenant as
shown on the plat: "Parents (need or must) be responsible for
their children".
(2) to show the location of the 20 mile-per-hour speed limit sign on
the site.
2. In addition to the four (4) notes delineated on the plat by the applicants, the
following notes shall be placed on the Jubilee Acres Minor Subdivision Final Plat:
a. The permitted uses within the Minor Subdivision include five (5) rural
residential lots which shall comply with the E (Estate) Zone District
requirements as identified in the Weld County Zoning Ordinance and
described in the application materials.
b. Central Weld County Water District shall provide water service to Jubilee
Acres.
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c. Sewer service shall be provided by individual sewage disposal systems
approved by the Weld County Health Department. Due to soil limitations
in areas of the property, it may be necessary for a Colorado Registered
Engineer to design some of the septic systems.
d. All lots within Jubilee Acres shall comply with LaSalle Fire Protection
District requirements.
e. Access to all lots within Jubilee Acres shall be from Weld County Road
44. Two accesses to the Minor Subdivision shall be allowed from Weld
County Road 44, as shown on the plat. All lots shall access Weld County
Road 44 from the west access known as Jubilee Way. The east access
shall be restricted for oil and gas and agricultural uses only. No
additional accesses shall be permitted.
f. The internal street within Jubilee Acres, known as Jubilee Way, will be
built to County standards and privately maintained by the Homeowners
Association.
g. No on-street parking shall be allowed on Jubilee Way.
h. The common area/buffer strip located in the 80-foot right-of-way between
Jubilee Way and the west property line of Jubilee Acres shall be jointly
owned and maintained by the Homeowners Association.
Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
j. Potential lot owners shall be made aware of oil and gas and farm-related
traffic periodically occurring on the east access road of Jubilee Acres
and, to a lesser extent, on Jubilee Way.
k. Co-existence with wildlife is encouraged in rural areas. Potential lot
owners shall be made aware that this property supports a variety of
wildlife species, some of which may remain following development of the
site.
A 20 mile-per-hour speed limit sign shall be placed adjacent to Jubilee
Way, near the entrance of the Minor Subdivision, and maintained by the
Homeowners Association.
m. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance, as amended.
n. The Right To Farm Covenant, as stated in Jubilee Acres Protective
Covenants and as shown on the plat, shall be recognized at all times.
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o. No structures of any kind shall be allowed within the buffer area (land
situated within the 80-foot right-of-way between Jubilee Way and the
western property boundary) of the minor subdivision.
3. Prior to release of building permits in Jubilee Acres Minor Subdivision:
a. Evidence shall be submitted to the Department of Planning Services that
two (2) fire hydrants have been installed on the site in accordance with
the Minor Subdivision Final Plat and LaSalle Fire Protection District
requirements.
b. The applicants shall obtain a stormwater discharge permit from the
Colorado Department of Public Health and Environment, Water Quality
Control Division if applicable.
4. In accordance with the timing of completion of internal improvements (street,
utilities, drainage, signs) within Jubilee Acres Minor Subdivision, the applicants
shall construct the school bus pull-out area as delineated on the plat.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of May, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: 4YAM/ � ,t,�:i� e� A1/47 i rt,.,ee.--2
Constance L. Harb , Chair
Weld County Clerk t. th= .••„ �yw `13.:1 W. . bs er, ro-Tem ,
BY: C
Deputy Clerk to -
(I f�" ›/ rg E. Baxter
APP FORM:
Dale K. Hall
ou ty t rney
B r ara J. Kirkmeyer
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