HomeMy WebLinkAbout982533.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County Planning
Commission,along with the addition of Condition of Approval#2a. Be it resolved by the Weld County Planning
Commission that the following application for:
CASE NUMBER: S-449 3 n
PLANNER: Scott Ballstadt o r
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cm APPLICANT: JER, a Partnership �i o
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ADDRESS: do 1317 15th Avenue, Greeley, Colorado 80631 Pa = al—I
REQUEST: Major Subdivision Preliminary Plan for Hill-n-Park 5th Filing containing 18 lots zonedmH-UD
(R-5)
LEGAL DESCRIPTION: Part of the SW1/4 of Section 26, T5N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to 47th Avenue& north of and adjacent to Mesa Verde Drive
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 6.2 of the
Weld County Subdivision Ordinance, as amended.
2. The submitted materials are in compliance with Section 6.3.1.9 of the Weld County Subdivision
Ordinance, as amended as follows:
6.3.1.9.1 That the proposed subdivision is located within an Urban Growth Boundary area as defined
and adopted in any approved intergovernmental agreement(s), or as defined in the Weld County
Comprehensive Plan.
UGB.Policy 2.2 states, "Until intergovernmental agreements are in place, urban growth boundaries
will be defined as a one half mile perimeter around the existing public sanitary sewer facilities."
Additionally, the Urban Growth Boundary section of the Weld County Comprehensive Plan states,
"Development adjacent to municipalities is appropriate if municipal services can be extended to serve
the area, and if the municipality wants to expand in that location and manner." The City of Evans has
taken over the Hill-n-Park wastewater treatment plant. Municipal water and sewage disposal is
proposed to be provided by the City of Evans. The City has reviewed the proposal and their
requirements are addressed through this application and the attached conditions of approval.
6.3.1.9.2 Compliance with the Weld County Comprehensive Plan and the zone district in which the
proposed subdivision is located.
R.Goal 1 states, "Promote the development of affordable, quality housing for all Weld County
residents,"while R.Policy 1 further states, "Opportunities for multiple-family and manufactured home
developments should be provided to encourage lower-cost renter and owner occupied housing." In
accordance with UGB.Policy 3.4, condition of approval#2b requires the applicant to, "submit financial
data and analysis on direct and indirect public service impacts, including those on roads, schools and
public safety, as well as data on public costs and potential revenue, demonstrate that the proposed
use is economically neutral or beneficial to the County," prior to accepting a Final Plat application.
982533
RESOLUTION, S-449
JER, a Partnership
Page 2
The proposal also demonstrates compliance with the MH-UD (R-5) zone district in which the
proposed major subdivision is located. The Change of Zone to MH-UD was recorded on January 5,
1971. The application does not propose any deviation from and shall adhere to the Bulk
Requirements listed in Section 32.7 of the Weld County Zoning Ordinance.
6.3.1.9.3 Comments received from referral agencies have been addressed, if applicable.
Comments received from referral agencies have been addressed or are required to be addressed by
the applicant prior to submittal of the Major Subdivision Final Plat.
6.3.1.9.4 That definite provision has been made for a water supply that is sufficient in terms of
quantity, dependability and quality to provide water for the subdivision, including fire protection.
The applicant has indicated that West Hill-n-Park, Inc. has an existing agreement with the City of
Evans for sufficient water taps. The applicant has indicated that approximately 60 taps are remaining
and available. According to the applicant and the City of Evans, stub-outs were installed when the
water line was relocated to the right-of-way. Condition of Approval#2a requires documentation of
such water service prior to acceptance of the Final Plat submittal.
6.3.1.9.5 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
subdivision.
Definite provision has been made for sewage disposal. The City of Evans has indicated that the Hill-
n-Park wastewater treatment plant has the capacity to adequately serve the proposal.
6.3.1.9.6 That streets within the subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic needs of the subdivision in accordance with the requirements
set forth in Section 10 of this Ordinance.
Streets within the major subdivision will be adequate in functional classification, width and structural
capacity to meet the traffic needs of the subdivision in accordance with the requirements set forth in
Section 10 (Design Standards) of the Weld County Subdivision Ordinance. In accordance with
Section 10.2.1 of the Subdivision Ordinance, interior streets are required to be paved in a major
subdivision. Mesa Verde Drive was constructed in the 4th Filing and has been approved by the Weld
County Public Works Department.
6.3.1.9.7 That off-site street or highway facilities providing access to the subdivision are adequate
in functional classification, width, and structural capacity to meet the traffic requirements of the
subdivision.
Access to the 5th Filing from an off-site highway will be from Weld County Road 52 as is the case with
the first four filings. The Weld County Public Works Department has reviewed finds no conflicts.
6.3.1.9.8 That facilities providing drainage and stormwater management are adequate.
The Weld County Public Works Department has approved the primary drainage report for the
proposal. Condition of approval#2g requires an improvements agreement including collateral for the
detention pond facility prior to acceptance of the Final Plat application.
RESOLUTION, S-449
JER, a Partnership
Page 3
6.3.1.9.9 The subdivision will not cause an unreasonable burden on the ability of local governments
or districts to provide fire and police protection, hospital, solid waste disposal, and other services.
The City of Evans has committed to service the proposal with water and sewage disposal. The
applicant has also addressed the City of Evans' referral requirement by delineating a 25-foot utility
easement between Lots 2 and 3. Utility easements along side lot lines as required by the Weld
County Utility Advisory Committee are addressed through condition of approval #1a. The City of
Greeley indicated that the subdivision meets their comprehensive plan requirements, but further
states that this type of development should not be encouraged. Weld County School District 6
indicated no conflict in a referral response received during the Sketch Plan process. The Milliken Fire
Protection District did not respond to referral requests at the Sketch Plan or Preliminary Plan stages.
Conditions of approval#2c,2d and 2e require the applicant to submit evidence that any requirements
of the fire district, school district and Weld County Sheriff's office have been satisfactorily addressed.
6.3.1.9.10 The subdivision will not cause air pollution violations based on Colorado Department of
Public Health and Environment standards.
The Weld County Health Department reviewed the proposal and does not have air pollution concerns.
6.3.1.9.11 The subdivision conforms to the subdivision design standards of Section 10.
The Weld County Public Works Department and Department of Planning Services has reviewed the
proposal and has determined that it in conformance with Section 10.
6.3.1.9.12 The subdivision will not have an undue adverse effect on wildlife and its habitat, the
preservation of agricultural land, and historical sites.
The proposal will expand an existing residential development, Hill-n-Park Filings 1 -4 (approximately
450 lots), and is surrounded by other residential developments including
Indian Hills (21 lots), Dos Rios (51 lots) and Arrowhead (63 lots). Additionally, the proposal
incorporates the small area of floodplain(potential wildlife habitat)into the 2.6 acres of proposed open
space.
This recommendation is based, in part, upon a review of the application materials submitted by the applicants,
other relevant information regarding the request and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The Major Subdivision Preliminary Plan plat shall be amended to delineate:
a. Ten-foot utility easements along side lot lines of all lots with the exception of the lot line
separating Lots 2 and 3,which contain 12.5-foot utility easements on each lot along this line,
for a total of a 25-foot utility easement in accordance with the City of Evans' referral received
March 10, 1998. Landscaping within this easement shall be limited to shrubbery and small
trees with non-intrusive root systems.
b. All existing and proposed landscaping, including the existing row of pine trees and
landscaping of the open space area.
RESOLUTION, S-449
JER, a Partnership
Page 4
c. Location of building envelopes identified on each of the residential lots. All proposed future
structures shall adhere to the Bulk Requirements for the R-5 zone district as set forth in
Section 32.7 of the Weld County Zoning Ordinance.
d. The current Right to Farm covenant in the Weld County Comprehensive Plan.
e. The location of any existing or possible future oil and gas drill site locations.
2. Prior to recording the Preliminary Plan plat,the applicant shall submit evidence to the Department of
Planning Services that the unauthorized access points along the northern property line have been
closed to the Departments' satisfaction.
a. The applicant shall construct a six-foot wood privacy fence along the entire northern property
line to prevent any unauthorized access.
3. Prior to acceptance of the Major Subdivision Final Plat submittal by the Department of Planning
Services, the applicant shall provide the following:
a. Adequate documentation that definite provision has been made for a water supply that is
sufficient in terms of quantity, dependability and quality to provide water for the subdivision,
including fire protection. The applicant has indicated that there is an existing agreement with
the City of Evans.
b. Submit financial data and analysis on direct and indirect public service impacts, including
those on roads, schools and public safety, as well as data on public costs and potential
revenue, demonstrate that the proposed use is economically neutral or beneficial to the
County in accordance with UGB.Policy 3.4 of the Weld County Comprehensive Plan.
c. Evidence from the Milliken Fire Protection District that all requirements have been
satisfactorily addressed.
d. Evidence from Weld County School District 6 that all requirements have been satisfactorily
addressed.
e. Evidence from the Weld County Sheriffs office that all requirements have been satisfactorily
addressed.
f. Final, revised copy of declaration of covenants, grants of easement and restrictions imposed
upon any land, buildings and structures within the major subdivision. This document shall
be amended to include, but not be limited to:
1) The current Right to Farm covenant in the Weld County Comprehensive Plan.
2) Allowed uses and maintenance of the open space area. Maintenance shall specify
Homeowner's Association responsibilities, funding of maintenance, etc.
g. Completion of an Improvements Agreement According Policy Regarding Collateral for
Improvements to guarantee completion of on-site improvements, specifically, the detention
pond facility and landscaping.
4. The Final Plat application shall include:
RESOLUTION, S-449
JER, a Partnership
Page 5
a. The following notes shall be placed on the plat:
1) All construction shall occur in accordance with the recommendations contained in
the Geotechnical Engineering Report(April 1998) prepared by Terracon for West
Hill-n-Park 5th Filing,including implementation of a groundwater monitoring plan,and
the Colorado Geological Survey referral.
2) Each structure shall require an engineered foundation per the Weld County Building
Inspection Department.
3) No permanent disposal of wastes shall be permitted at this site.
4) Waste materials shall be handled, stored and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
b. All application requirements set forth in Section 7.2 of the Weld County Subdivision
Ordinance, as amended.
Motion seconded by Mike Miller.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Mike Miller
Stephan Mokray
Jack Epple
Bruce Fitzgerald
The Vice-Chair declared the resolution passed and ordered that a certified copy be 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 20th, 1998.
Dated the 20th of O ber, 1998.
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Wendi Inloes
Secretary
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