HomeMy WebLinkAbout982400.tiff RESOLUTION
RE: APPROVE MAJOR SUBDIVISION PRELIMINARY PLAN FOR WEST HILL-N-PARK
SUBDIVISION 5TH FILING CONTAINING 18 LOTS -JER, A PARTNERSHIP
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 9th day of
December, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of JER, a partnership, 1317 15th Avenue, Greeley, Colorado 80631, for a
Major Subdivision Preliminary Plan for West Hill-N-Park Subdivision 5th Filing containing 18 lots
on the following described real estate, to-wit:
Part of the SW%,of Section 26, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicant was present and was represented by Mike Thomas, and
WHEREAS, Section 6.3 of the Weld County Subdivision Ordinance provides standards
for review of said Major Subdivision Preliminary Plan for West Hill-N-Park Subdivision 5th Filing
containing 18 lots, 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 6.2 of the Weld County Subdivision Ordinance.
2. The submitted materials are in compliance with Section 6.3.4 of the Weld County
Subdivision Ordinance, as follows:
a. 6.3.4.1 -- 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
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their requirements are addressed through this application and the
attached Conditions of Approval.
b. 6.3.4.2 -- 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 #4.a 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. 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.
c. 6.3.4.3 -- The 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.
d. 6.3.4.4 -- That definite provision has been made for a public 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#2.a requires
documentation of such water service prior to acceptance of the Final Plat
submittal.
e. 6.3.4.5 -- 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.
f. 6.3.4.6 -- That streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic
requirements needs of the subdivision in accordance with the
requirements set forth in Section 10 of the Ordinance. Streets within the
Major Subdivision will be adequate in functional classification, width and
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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.
g. 6.3.4.7 -- 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 and finds no conflicts.
h. 6.3.4.8-- 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#4.f
requires an Improvements Agreement including collateral for the detention
pond facility prior to acceptance of the Final Plat application.
6.3.4.9 -- 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
#2.a. The City of Greeley indicated that the subdivision meets its
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#4.b, #4.c and#4.d require the applicant to submit
evidence that any requirements of the fire district, school district and Weld
County Sheriffs office have been satisfactorily addressed.
j. 6.3.4.10 -- 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.
k. 6.3.4.11 -- 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 is in conformance with Section 10.
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6.3.4.12 -- The subdivision will not have an undue adverse effect on
wildlife and its habitat, the presentation 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of JER, a partnership, for a Major Subdivision Preliminary
Plan for West Hill-N-Park Subdivision, 5th Filing, containing 18 lots, on the hereinabove
described parcel of land be, and hereby is, granted subject to the following conditions:
1. The Preliminary Plan Plat map shall be submitted to the Department of Planning
Services for Recording within 30 days of approval by the Board of County
Commissioners.
2. 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.
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.
3. Prior to recording the Preliminary Plan plat:
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.
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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.
4. Prior to acceptance of the Major Subdivision Final Plat submittal by the
Department of Planning Services, the applicant shall provide the following:
a. 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.
b. Evidence from the Milliken Fire Protection District that all requirements
have been satisfactorily addressed.
c. Evidence from Weld County School District 6 that all requirements have
been satisfactorily addressed.
d. Evidence from the Weld County Sheriffs office that all requirements have
been satisfactorily addressed.
e. 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 and the
six-foot wood privacy fence along the entire northern property line.
Maintenance shall specify Homeowners' Association
responsibilities, funding of maintenance, etc.
f. Completion of an Improvements Agreement According to Policy
Regarding Collateral for Improvements to guarantee completion of on-site
improvements; specifically, the detention pond facility, landscaping, and
construction of a six-foot wood privacy fence along the entire northern
property line to prevent any unauthorized access.
g. The applicant shall work with the Public Works Department to develop a
plan which adequately addresses the closure of Weld County Road 47.
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5. The Final Plat application shall include:
a. All application requirements set forth in Section 7.2 of the Weld County
Subdivision Ordinance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE).1) COUNTY, COLORADO
sir
ATTEST: Leif
.,01) Constance L. Harb rt, Chair JOQ�U�
Weld County Clerk tot B• /
\,
i W. . Webst r, P o-Tem
BY:
Deputy Clerk to th� • "W EXCUSED
orge E. Ba r
APP ED O FORM:
Dal K. al
oun yttomeY
arbara J. Kirkmeyer
982400
SUBD West Hill-N-Park
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