HomeMy WebLinkAbout982327.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad that the following resolution be introduced for passage by the Weld County Planning
Commission, along with the addition of Condition of Approval#5H, and the changing of the wording Change
of Zone to Final Plat. Be it resolved by the Weld County Planning Commission that the application for:
APPLICANT: Larry G. Intermill -c14
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ADDRESS: 1301 N. Cleveland Avenue, Loveland, CO 80537 —4 0I 11 ti 0
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PLANNER: Ben Patton ,,rn n3 'n
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REQUEST: Final Plat for a 5-lot Minor Subdivision-Grandview Acres
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LEGAL DESCRIPTION: Lot A of RE-2130, situated in part of the SW4 of Section 20, T6N, R64W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 66; approximately 1/4 mile east of Weld County
Road 51.
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 Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the application has shown compliance with Section
4.6.9 of the Weld County Subdivision Ordinance, as amended, 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. 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 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 and irrigated non-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 4.6.9.3--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. The North Weld County Water District has agreed to provide water
service to the development.
4 EXHIBIT
982327 q
RESOLUTION, S-469
Intermill
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. Individual Septic Systems are proposed for each
lot and will be installed according to Weld County Health Department Regulations.
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.
No areas of special need have been identified on the subject site.
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 or gravel base. The Public Works Department has
reviewed the application and determined that the proposed access will meet these standards.
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. One access is existing to the property from
WCR 66, which is classified as a paved collector road. The Weld County Public Works
Department has determined that this road is adequate to handle the additional traffic
generated by five residential lots.
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. Grandview Acres' Restrictive
Covenants state the Homeowners Associations' responsibilities regarding all internal road
maintenance.
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 townsite.
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 Grandview Acres, as stated in the
conditions of approval.
k. Section 4.6.9.11--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 WCR 66.
Section 4.6.9.12--That the ingress and egress to all lots within the minor subdivision will be
to an internal road circulation system. As stated above, all lots will have access only to the
internal road.
m. Section 4.6.9.13--That facilities providing drainage and stormwater management are
adequate. The drainage report submitted by a professional engineer has been reviewed and
approved by the Weld County Public Works Department.
RESOLUTION, S-469
Intermill
Page 3
n. Section 4.6.9.14--That the maximum number of lots within the minor subdivision will not
exceed five (5) lots. Five Estate-Zoned lots are proposed for the minor subdivision.
o. Section 4.6.9.15--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 reflects an inability to provide the necessary
services.
p. Section 4.6.9.16--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
June 16, 1998 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 security for the agreement shall be tendered and
accepted by the Board of County Commissioners.(Planning).
b. The Restrictive Covenants for Grandview Acres shall be approved by the Weld County
Attorney's Office and be ready for recording in the Office of the Clerk and Recorder.
2. The final plat map shall be submitted to the Department of Planning Services for recording within 30
days of approval by the Board of County Commissioners.(Planning)
3. The Plat shall be amended to include the most recent version of the Right to Farm Covenants.
4. Prior to recording the plat the applicant shall demonstrate evidence of all easements which are shown
on the plat.
5. The Final Plat 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 five (5) 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.
RESOLUTION, S-469
Intermill
Page 4
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 ways, and adjacent properties
F. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan, page 7-1
shall be recognized at all times
G. The sixty foot(60')access easement to the existing single-family home north of the site shall
be covered by a graded and drained all-weather surface.
H. The applicant shall submit to the Department of Planning Services a letter, signed by the
Mineral Owners for the subject property, reflecting the applicant's accurate placement of the
oil and gas line and easements on the Final Plat.
Motion seconded by Cristie Nicklas .
VOTE:
For Passage: Against Passage:
Glenn Vaad
Jack Epple
Cristie Nicklas
Michael Miller
Arlan Marrs
Fred Walker
Stephan Mokray
Bruce Fitzgerald
The Vice-Chair declared the resolution passed and ordered that a certified copy by forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 October 6, 1998.
Dattedd the 6th of O be
,, 1998.
Wendi Inloes
Secretary
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