HomeMy WebLinkAbout992747.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
APPLICANT: Les Gelvin / Remington Place
REQUEST: Final Plat for a 4 lot Minor Subdivision
PLANNER: Ben Patton
CASE NUMBER: S-505
LEGAL DESCRIPTION: Lot A of RE-1723; located in the NE4 of Section 7, T7N, R67W of the 6th
P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 15; approximately 1/2 mile north of State Hwy 14. For a more
precise location, see legal.
be recommended favorably tc 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 Subdivision 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 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.
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 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.
992747
RESOLUTION, S-505
Les Gelvin/Remington Place
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 will be constructed from Weld
County Road 15, which is classified as a paved local road. The Weld County Public Works
Department has determined that this road is adequate to handle the additional traffic
generated by four 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. The Remington Place
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 Remington Place, 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 Weld County Road 15.
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.
m. Section 4.6.9.14--That the maximum number of lots within the minor subdivision will not
exceed five (51 lots. Four Estate-Zoned lots are proposed for the minor subdivision.
RESOLUTION, S-505
Les Gelvin/Remington Place
Page 3
n. 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.
o 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
September 29, 1999, 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 Department of Planning Services' Staff 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 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 have the submitted final drainage plan stamped and signed by a
professional engineer to verify drainage requirements.
E. The plat shall be amended to show the locations 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 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 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.
RESOLUTION, S-505
Les Gelvin/Remington Place
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, shall be
recognized at all times
G. In accordance with 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.
RESOLUTION, S-505
Les Gelvin/Remington Place
Page 5
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Arlan Marrs
Fred Walker
Stephan Mokray
John Folsum
Jack Epple
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, 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 19, 1999.
Dated the 19th of October, 1999.
N4J k-Ci Ova rte,
Trisha Swanson
Secretary
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