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Home My WebLink About981073.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. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-448 APPLICANT: Merle D. & Karla L. Grieser ADDRESS: 20390 WCR 44, LaSalle, CO 80645 PLANNER: Gloria Dunn REQUEST: Final Plat for a five(5)-lot Minor Subdivision—Jubilee Acres LEGAL DESCRIPTION: Lot B of RE-789 being in E2E2NW4 of Section 21, T4N, R65W of the 6th P.M.,Weld County, Colorado LOCATION: South and adjacent to Weld County Road 44; approximately 1/2 mile west of Weld County Road 43 SIZE OF PARCEL: 40 acres 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 4.5 of the Weld County Subdivision Ordinance, as amended. 2. It is the opinion of the Planning Commission that the applicant 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 or affected municipalities. Through the Change of Zone application process,the applicants have demonstrated compliance of the minor subdivision with the Comprehensive Plan as well as compatibility with the surrounding area which consists of rural residences and cattle feeding and agricultural production. The overall design of the proposed development adheres to the Subdivision Ordinance and Estate zone district requirements of the Zoning Ordinance and incorporates comments from referral agencies and surrounding property owners. The Town of LaSalle, approximately three miles from the property,stated no conflict with the minor subdivision. b. Section 4.6.9.2--That provisions have been made to preserve prime agricultural land. Soils on the subject site are defined as non-prime by the USDA-Soil Conservation Service. The Right To Farm Covenant is a part of the Jubilee Acres Protective 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, dependability, and quality to provide water for the minor subdivision including fire protection. Central Weld County Water District is proposed for water service to the development. EXHIBIT S 981073 RESOLUTION, S-448 Merle and Karla Grieser 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 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. In accordance with Colorado Geological Survey recommendations, swale areas have been identified on Lots 4 and 5 of the plat as non-buildable areas and a site- specific soil investigation for each lot is required prior to development due to potentially expansive soils. 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 Public Works Department has reviewed the application and determined that both accesses meet these standards. 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. Two accesses are existing to the property from Weld County Road 44,which is classified a paved collector road. The Public Works Department has determined that this road is adequate to handle the additional traffic generated by five 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. Jubilee Acres' Protective Covenants state the Homeowners' Association responsibility 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 property is not part of or contiguous with 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 would not be allowed on Jubilee Way, 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. Two existing accesses will service the development, one for residential uses and the other for oil and gas structures and agricultural uses. 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. Access to all lots from Weld County Road 44 would be onto Jubilee Way, the residential street system. The secondary access along the east boundary would be restricted for oil and gas and agricultural uses only. 991.073 RESOLUTION, S-448 Merle and Karla Grieser Page 3 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. n. Section 4.6.9.14 — That the maximum number of lots within the minor subdivision will not exceed five(5) lots.Five rural residential lots are being proposed for development in 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 applicants have satisfied LaSalle Fire Protection District requirements in the proposed placement of two fire hydrants on the site, as delineated on the plat. The Weld County Sheriffs Office and Weld County School District Re-1 responded during the minor subdivision process with no conflict. P. Section 4.6.916 --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 stated that the habitat on this site does support some wildlife which will not be greatly impacted by the minor subdivision; recommendations to inform prospective lot owners and encourage co-existence with wildlife appear as a requested note on the plat. 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 entities. The Planning Commission's 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 security for the agreement shall be tendered and accepted by the Board of County Commissioners. (Planning) b. The Protective Covenants for Jubilee Acres shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. (Planning) c. The plat shall be amended : (1) to delete the last sentence of the Right To Farm Covenant as shown on the plat: "Parents (need or must) be responsible for their children". (Planning) (2) to show the location of the 20 mile-per-hour speed limit sign on the site. (Planning) 2. In addition to the four(4) notes delineated on the plat by the applicants,the following notes shall be placed on the Jubilee Acres Minor Subdivision Final Plat: a. The permitted uses within the minor subdivision include five (5) rural residential lots which shall comply with the E (Estate) zone district requirements as identified in the Weld County Zoning Ordinance and described in the application materials. (Planning) 981073 RESOLUTION, S-448 Merle and Karla Grieser Page 4 b. Central Weld County Water District shall provide water service to Jubilee Acres. (Planning) c. Sewer service shall be provided by individual sewage disposal systems approved by the Weld County Health Department. Due to soil limitations in areas of the property, it may be necessary for a Colorado Registered Engineer to design some of the septic systems. (Health Dept.) d. All lots within Jubilee Acres shall comply with LaSalle Fire Protection District requirements. (Planning) e. Access to all lots within Jubilee Acres shall be from Weld County Road 44. Two accesses to the minor subdivision shall be allowed from Weld County Road 44, as shown on the plat. All lots shall access Weld County Road 44 from the west access known as Jubilee Way. The east access shall be restricted for oil and gas and agricultural uses only. No additional accesses shall be permitted. (Public Works Dept.) f. The internal street within Jubilee Acres, known as Jubilee Way, will be built to county standards and privately maintained by the Homeowners'Association. (Public Works Dept.) g. No on-street parking shall be allowed on Jubilee Way. (Planning) h. The common area/buffer strip located in the 80-foot right-of-way between Jubilee Way and the west property line of Jubilee Acres shall be jointly owned and maintained by the Homeowners'Association. (Planning) Outdoor storage shall be screened from public rights-of-way and adjacent properties. (Planning) j. Potential lot owners shall be made aware of oil and gas and farm-related traffic periodically occurring on the east access road of Jubilee Acres and,to a lesser extent, on Jubilee Way. (Colorado Geological Survey) k. Coexistence with wildlife is encouraged in rural areas. Potential lots owners shall be made aware that this property supports a variety of wildlife species, some of which may remain following development of the site. (Division of Wildlife) A 20 mile-per-hour speed limit sign shall be placed adjacent to Jubilee Way, near the entrance of the minor subdivision, and maintained by the Homeowners' Association. (application materials & Planning) m. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance, as amended. (Planning) n. The Right To Farm Covenant,as stated in Jubilee Acres' Protective Covenants and as shown on the plat, shall be recognized at all times. (Planning) o. No structures of any kind shall be allowed within the buffer area (land situated within the 80- foot right-of-way between Jubilee Way and the west property boundary) of the minor subdivision. (Planning) 981973 RESOLUTION, S-448 Merle and Karla Grieser Page 5 3. Prior to release of building permits in Jubilee Acres minor subdivision: a. Evidence shall be submitted to the Department of Planning Services that two (2) fire hydrants have been installed on the site in accordance with the Minor Subdivision Final Plat and LaSalle Fire Protection District requirements. (Planning) b. The applicants shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division if applicable. (Health Dept.) 4. In accordance with the fining of completion of internal improvements (street, utilities, drainage, signs) within Jubilee Acres minor subdivision,the applicants shall construct the school bus pullout area as delineated on the plat. (Planning) Motion seconded by Christie Nicklas. VOTE: For Passage Against Passage Glenn Vaad Stephan Mokray Bruce Fitzgerald Jack Epple Marie Koolstra Arlan Marrs Christie Nicklas Fred Walker The Chairman 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 April 21, 1998. Dated the 21st of GA ril, 1998. Wendi Inloes Secretary 981073 Hello