HomeMy WebLinkAbout982246.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAT FOR A FIVE (5)
LOT MINOR SUBDIVISION - LARRY INTERMILL
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 18th day
of November, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Larry Intermill, 1301 North Cleveland Avenue, Loveland, Colorado
80537, for a Site Specific Development Plan and Final Plat for a five (5) lot Minor Subdivision on
the following described real estate, to-wit:
Lot A of RE #2130, situated in Part of the SW%of Section 20,
Township 6 North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Steve Stencel, Intermill Land Surveying, Inc., represented said applicant
who was not present, and
WHEREAS, Section 4.5 of the Weld County Subdivision Ordinance provides standards
for review of said Minor Subdivision Final Plat, 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 4.4 of the Weld County Subdivision Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 4.6.16 of the Weld County Subdivision Ordinance
including specifically:
a. Section 4.6.16.1 - 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 applicant has demonstrated
compliance with the Minor Subdivision portion of 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 the
E (Estate) Zone District requirements, and incorporates comments from
referral agencies and surrounding property owners.
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b. Section 4.6.16.2 - That provisions have been made to preserve prime
agricultural lands. 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 4.6.16.3- That provisions have been made fora public water
supply that is sufficient in terms of quantity, dependability, and quality, 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.
d. Section 4.6.16.4 - 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 4.6.16.5- 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 4.6.16.6- 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 or gravel base. The Public
Works Department has reviewed the application and determined that the
proposed access will meet these standards.
g. Section 4.6.16.7--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 Weld County
Road 66, which is classified as a local gravel, two-lane raod. 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 4.6.16.8- 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 Association's responsibilities regarding all internal road
maintenance.
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I. Section 4.6.16.9- 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 4.6.16.10- 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 4.6.16.11 - 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 66.
I. Section 4.6.16.12- 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 to the internal road only.
m. Section 4.6.16.13- That facilities providing drainage and storm water
management are adequate for the minor subdivision. The drainage report
submitted by a professional engineer has been reviewed and approved by
the Weld County Public Works Department.
n. Section 4.6.16.14 - That the maximum number of lots within the minor
subdivision will not exceed five (5) lots. Five E (Estate) zoned lots are
proposed for the Minor Subdivision.
o. Section 4.6.16.15- 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 4.6.16.19 - 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Larry Intermill for a Site Specific Development Plan and
Final Plat for a five (5) lot Minor Subdivision on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
1. Prior to Recording the Minor Subdivision Final Plat:
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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.
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.
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 each shall be placed on the
Final Plat as notes prior to recording:
A. The Final Plat allows for Estate uses and shall comply with the E (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 Homeowners Association, the form
of which will be established prior to recording the plat.
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-way 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 (60) foot access easement to the existing single-family home
north of the site shall be covered by a graded and drained all-weather
surface.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of November, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: LW I �'
A
Constance L. H rbert, Chair
Weld County Clerk to th o . 1 �I I 17 y� ) W. H. ebster, Pro-Tem ,
BY:
Deputy Clerk to the=+ 4
!!fl
orge . Baxter
AP ED AS FORM:
Dale K. Hall
ounty Att rney EXCUSED
Barbara J. Kirkmeyer
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