HomeMy WebLinkAbout980644.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAT FOR A FIVE (5)
LOT MINOR SUBDIVISION - HILLCREST ESTATES -THOMAS AND LINDA
FRANCIS
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 15th day
of April, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Thomas and Linda Francis, P.O. Box 700, Windsor, Colorado 80550,
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 B of Recorded Exemption #1936, E'/ of the NE% of
Section 25, Township 6 North, Range 67 West; and W% of the
NW% of Section 30, Township 6 North, Range 66 West of the 6th
P.M., Weld County, Colorado
WHEREAS, Section 4.5 of the Weld County Subdivision Ordinance provides standards
for review of said Final Plat for a five (5) lot Minor Subdivision, 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 ail 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 4.5 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, this Ordinance, the zone district in which the proposed use is
located, and any adopted intergovernmental agreements, or master plans
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 Ordinances.
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.
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b. Section 4.6.16.2 - 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 33 acres is too
small to farm economically. The applicant has made provisions through
the covenants to help mitigate any soil limitations or livestock grazing for
each lot.
c. Section 4.6.16.3 - 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.
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. Each lot is proposed to be serviced
by individual septic systems.
e. Section 4.6.16.5- 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 4.6.16.6- 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 of gravel base. The proposed
street, Hillcrest Drive, is proposed to be 18 feet in width with 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 4.6.16.7- 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 county gravel road. An
emergency access road from the cul-de-sac to Weld County Road 23 3\4
is shown on the plat.
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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.
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
subject site is not part of or contiguous with any recorded subdivision or
unincorporated townsite.
j. Section 4.6.16.10- That there will be no on-street parking permitted
within the minor subdivision. Conditions of approval address this issue.
k. Section 4.6.16.11 - 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.
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. Lots 1 through
4 will access onto Hillcrest Drive which is the main internal road. Lot 5
will access onto an existing access easement located on the eastern
edge of Lot 5.
m. Section 4.616.13 - That facilities providing drainage and storm water
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 4.6.16.14 - 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 4.6.16.15- 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
Windsor-Severance Fire Protection District has reviewed this request.
Conditions of Approval address the district's requirements. The Weld
County Sheriffs office reviewed this application and has no conflicts.
P. Section 4.6.19 - 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Thomas and Linda Francis 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. 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 of 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.
B. All lots shall be maintained in compliance with the requirements of the
Windsor-Severance Fire Protection District.
C. North Weld County Water District shall provide domestic water service to
all residential uses within the Minor Subdivision.
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.
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.
F. No on-street parking shall be allowed on Hillcrest Drive.
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 Weld County Road 66 and
Weld County Road 27 as required by the Windsor-Severance Fire
Protection District.
H. Engineered foundations are required for all construction on each lot.
Burlington Northern Railroad abuts the southern boundary of Lot 1.
Potential owners of Lot 1 should be aware of this rail line.
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.
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SUBDIVISION - THOMAS AND LINDA FRANCIS
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B. The plat shall be amended to show a 15-foot utility easement around
each lot.
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 County Attorney's Office,
the covenants shall be recorded in the Office of the Weld County Clerk
and Recorder.
D. The applicant shall submit information to the Department of Planning
Services, in regards to the utility easement located on lot four and show
whether the meter box has been moved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of April, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: L Jen %,,,i
Weld Count "' rw, Constance L. Harbert, Ch it
" exit' t
YY>
w CI�I_ � b , Pro-Tem
BY:
Deputy Cler � I
eorge Baxter
AP D AS TO FORM:
ale . Hall
ounty At rney fj,;,v 11 a !/ ��
arbara J. Kirkmeyer
980644
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