HomeMy WebLinkAbout980844.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray that the following resolution,with the addition of Condition of Approval 2D, be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: S-445
APPLICANT: Thomas G. &Linda J. Francis
ADDRESS: P.O. Box 700, Windsor, CO 80550
PLANNER: Shani L. Eastin
REQUEST: Final Plat for a five (5) lot Minor Subdivision-Hillcrest Estates
LEGAL DESCRIPTION: Lot B of RE-1936, E2 of the NE4 of Section 25,T6N, R67W and the W2 of
the NW4 of Section 30,T6N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 66; East of and adjacent to WCR 23 3\4
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 4.6 of the Weld
County Subdivision Ordinance.
2. The request is in conformance with Section 4.6.9 of the Weld County Subdivision Ordinance including
specifically:
A. Section 4.6.9.1-Compliance with the Weld County Comprehensive Plan, this Ordinance, the
zone district in which the proposed use is located, and any adopted intergovernmental
agreements, or master pans of affected municipalities. The applicant has demonstrated
compliance with the Weld County Comprehensive Plan and the master plans of the City of
Greeley and Windsor. The overall design and layout of the proposed development
incorporates comments from the referral agencies and adheres to the Weld County Zoning
and Subdivision Ordinance. Through the Change of Zone to
Estate the applicant demonstrated that the proposed use is compatible with the surrounding
area which is rural residential acreages and agricultural production.
B. Section 4.6.9.2 - That provisions have been made to preserve prime agricultural land. The
subject property is described as prime if irrigated by the USDA Soil Conservation Service.
The subject property does not currently have irrigation water available to the site and the 33
acres is too small to economically farm. The applicant has made provisions through the
covenants to help mitigate any soil limitations or livestock grazing for each lot.
C. Section 4.6.9.3- 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. North Weld County Water District is proposed for water service to
the development.
it EXHIBIT
980844 S#
RESOLUTION, S-445
Tom and Linda Francis
Page 2
D. Section 46.9.4- 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. Each lot is proposed to be serviced by individual
septic systems.
E. Section 4.6.9.5 - 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 soil limitations are present on the 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 eighteen (18) feet
in width and shall have a minimum depth of four(4) inches of gravel base, The proposed
street,Hillcrest Drive,is proposed to be 18 feet in width and four inches of gravel base depth.
The Weld County Public Works Department has reviewed this request with their comments
incorporated into the conditions.
G. Section 4.6.9.7- 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. Main access to the development will
be from Weld County Road 66, which is a gravel county road. An emergency access road
from the cul-de-sac to Weld County Road 23 3\4 is shown on the plat.
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.
Section 4.6.9.9 - That the minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite. The subject site is not part of or contiguous
with any recorded subdivision or unincorporated townsite.
J. Section 4.6.9.10 - That there will be no on-street parking permitted within the minor
subdivision. Conditions of approval address this issue.
K. Section 4.6.9.11 - That no additional access to county, state, or federal highway will be
created. Access to Weld County Road 66 is proposed to service the development. No
additional accesses will be created.
L. 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. Lots 1 through 4 will access onto Hillcrest Drive which
is the main internal road system. Lot 5 will access onto an existing access easement located
on the eastern edge of Lot 5.
M. Section 4.6.9.13 - That facilities providing drainage and stormwater management are
adequate. A drainage report submitted by a professional engineer has been reviewed and
approved by the Weld County Public Works Department.
990844
RESOLUTION, S-445
Tom and Linda Francis
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 lots are proposed within 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 Windsor Severance Fire Protection District has reviewed this request. Conditions of
approval address the Districts requirements. The Weld County Sheriffs office reviewed this
application and has no conflicts.
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. The Division of Wildlife
reviewed this request and offered no comments.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding this request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The following notes shall be paced on the Minor Subdivision plat prior to recording the plat:
A. The permitted uses within the Minor Subdivision consist five (5) lots which shall adhere to the
E(Estate)Zone uses as identified in the Weld County Zoning Ordinance and described in the
application materials. (Planning)
B. All lots shall be maintained in compliance with the requirements of the Windsor Severance
Fire Protection District. (Planning)
C. North Weld County Water District shall provide domestic water service to all residential uses
within the Minor Subdivision. (Planning)
D. Sewage disposal shall be provided by an Individual Sewage Disposal System (I.S.D.S.). The
systems shall comply with all rules and regulations of the Weld County Health Department.
(Heath Dept.)
E. Lots 1 through 4 shall access onto Hillcrest Drive only. Lot 5 shall utilize the existing access
easement located on the eastern edge of the property. (Planning)
F. No on-street parking shall be allowed on Hillcrest Drive. (Public Works)
G. Prior to the release of building permits on the property, evidence shall be submitted to the
Department of Planning Services by the applicant that a fire hydrant has been installed at the
corner of WCR 66 and WCR 27 as required by the Windsor-Severance Fire Protection
District. (Planning)
H. Engineered foundations are required for all construction on each lot. (Planning)
Burlington Northern Railroad abuts the southern boundary of Lot 1. Potential Owners of Lot
1 should be aware of this rail line. (Planning)
990844
RESOLUTION, S-445
Tom and Linda Francis
Page 4
2. Prior to recording the plat:
A. An improvements agreement shall be approved and the form of collateral accepted by the
Board of County Commissioners for all on-site improvements. (Planning)
B. The plat shall be amended to show a 15' utility easement around each lot. (Planning)
C. The applicant shall submit covenants for the Minor Subdivision to the Department of Planning
Services for review and approval by the Weld County Attorney's Office. After approval by the
Attorney's Office the covenants shall be recorded in the Office of the Weld County Clerk and
Recorder. (Planning)
D. The applicant shall submit information to the Department of Planning Services, in regards to
the utility easement located on lot four, and whether the meter box has been moved.
(Planning)
Motion seconded by Rusty Tucker.
VOTE:
For Passage Against Passage
Glenn Vaad
Arlan Marrs
Christie Nicklas
Stephan Mokray
Rusty Tucker
The Chairman declared the resolution passed and ordered theat 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 theat the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 3, 1998.
Dated
the 3rd of Mar h,
Wendi Inloes
Secretary
980844
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