HomeMy WebLinkAbout961607.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-401
NAME: John T. &James I. Martin
ADDRESS: 147 Denver Ave., Fort Lupton, CO 80621
REQUEST: Major Subdivision Preliminary Plan
LEGAL DESCRIPTION: SE4 NW4 and SW4 of Section 12, T1N, R66W of the 6th P.M.,
Weld County, CO (147112000057)
LOCATION: North and adjacent to Weld County Road 10 right-of-way and approximately 1/2
mile west of Weld County Road 37
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 6.2 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 6.3.1.9 of the Weld County Subdivision Ordinance, as amended, as follows:
a. The proposed major subdivision was located within the three-mile Urban Growth Boundary
of the City of Fort Lupton, as defined in the Weld County Comprehensive Plan, at the time
of the approval (October 11, 1995) of the change of zone from A(Agricultural) to E(Estate).
Since that time the Comprehensive Plan has been amended, reducing the Urban Growth
Boundary standard to 1/2 mile. The Fort Lupton Planning Commission was requested to
comment on the application because a three-mile referral area for incorporated municipalities
has been retained as a standard in the Comprehensive Plan. As stated in a letter dated July
10, 1996, the Fort Lupton Planning Commission does not have a conflict with the proposal.
b. The request demonstrates compliance with the Weld County Comprehensive Plan, as
amended, and the Estate zone district in which the proposed major subdivision is located.
The Residential, Public Facilities, Transportation and Environmental goals and policies of the
Comprehensive Plan were reviewed by staff in the evaluation of this Preliminary Plan
application.
c. Comments received from referral agencies have been addressed or are required to be
addressed by the applicants prior to submittal of the Major Subdivision Final Plat.
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RESOLUTION, S-401
John T. and James I. Martin
Page 2
d. Definite provision has been made for a water supply that is sufficient in terms of quantity,
dependability and quality to provide water for the major subdivision, including fire protection.
A community water supply is proposed from a series of seven (7)wells in the non-tributary
Laramie Fox-Hills aquifer; the water supply has been conditionally approved by the State
Division of Water Resources. The water supply must comply with the requirements for a
community water system as defined in the Primary Drinking Water Regulations(5CCR 1003-
1). Further documentation will be required by the State as a part of the Major Subdivision
Final Plat submittal.
e. Definite provision has been made for individual sewage disposal systems to serve the major
subdivision which will comply with and be installed in accordance with Weld County Health
Department regulations. The Environmental Protection Services Division of the Health
Department evaluated a soils and geologic report submitted by the applicants during the
Change of Zone proposal of this subdivision. It was determined at that time that conventional
septic systems would be suitable for the majority of the soils on site; the clay soils may
require engineer-designed septic systems.
f. Streets within the major subdivision will be adequate in functional classification, width, and
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, as amended. In accordance with Section 10.2.1 of the Subdivision Ordinance,
interior streets are required to be paved in a major subdivision. Staff is recommending that
this Preliminary Plan request be approved with the stipulation that the applicants agree to
pave the interior streets and that this issue be further addressed and documented prior to
submittal of the Final Plat. The Improvements Agreement According Policy Regarding
Collateral will ensure that interior streets are built according to Weld County standards.
g. Off-site street or highway facilities providing access to the site will be adequate in functional
classification, width, and structural capacity to meet the traffic requirements of the major
subdivision. The applicants have indicated a willingness to enter into a Road Maintenance
Agreement with Weld County for extension of and improvements to Weld County Roads 35
and 10 which will provide ingress and egress to the major subdivision.
h. Facilities providing drainage and stormwater management will be adequate, according to the
Weld County Public Works Department in a memorandum dated July 8, 1996.
The major 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 Fort Lupton Fire Protection District has indicated that it has
approved the proposed fire protection plan (residential sprinkler systems) for the proposed
use. The Weld County Sheriffs Department responded that it has no conflict with the
Preliminary Plan request.
j. The major 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 has no conflict.
961.627
RESOLUTION, S-401
John T. and James I. Martin
Page 3
k. The major subdivision will conform to the subdivision design standards of Section 10 of the
Weld County Subdivision Ordinance, as amended. The applicants have indicated that the
RE-8 (Fort Lupton) School District is in the process of considering student impacts of the
proposed development on the School District. The applicants have indicated a willingness
to work with the School District regarding impact fees; this will be further addressed prior to
submittal of the Final Plat.
The major subdivision will not have an undue adverse effect on wildlife and its habitat, the
preservation of agricultural land, and historical sites. The Colorado Division of Wildlife, in a
letter dated August 20, 1995, stated that the effects of a subdivision being developed on this
site would have no significant impact on the local wildlife population. Staff is not aware of the
presence of any historical sites at this location.
This recommendation is based, in part, upon a review of the application materials submitted by the applicants,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The Major Subdivision Preliminary Plan plat shall be amended to show:
a. Twenty (20)-foot utility easements along the rear lot lines of Phase 7, the rear lot lines of
Phase 3 which are adjacent to Weld County Road 10 right-of-way, the (south) side lot line
of Lot 1, Phase 6, and along all lot lines located adjacent to the Speer Canal right-of-way on
both the east and west sides, in accordance with requirements of the Weld County Utility
Advisory Committee.
b. A typical cross-section of Weld County Roads 10 and 35, identifying width and depth of
asphalt and road base, shoulders, driving lanes, borrow pit ditches and all pertinent rights-of-
ways.
c. A typical cross-section of the sixty(60)-foot right-of-way for internal streets, identifying driving
lanes, shoulders and pertinent easements, if applicable.
d. The minimum radius for all cul-de-sacs as sixty-five (65)feet with a minimum paved radius
of fifty (50)feet.
2. Prior to acceptance of the Major Subdivision Final Plat submittal by the Department of Planning
Services, the applicants shall provide the following:
a. Written documentation from the Colorado Division of Water Resources indicating that
the proposed water supply meets State requirements for a community well system to serve
the major subdivision. The applicants shall provide evidence of a secured water court decree
or issued well permits, in accordance with Section 30-28-136(1)(h)(I), C.R.S.
b. Adequate information detailing operation and control of the community water system, as
requested by the Colorado Division of Water Resources in a letter dated June 25, 1996.
9616 n.
RESOLUTION, S-401
John T. and James I. Martin
Page 4
c. A proposed Road Maintenance Agreement with Weld County for improvements/construction
of that portion of Weld County Road 10 which runs west of Weld County Road 37 to the
south entrance of the major subdivision, as shown on the plat. A proposed Road
Maintenance Agreement with Weld County for improvements/construction of that portion of
Weld County Road 35 which runs south of State Highway 52 to the west entrance of the
major subdivision, as shown on the plat.
d. A statement indicating the applicants'willingness to pave the internal streets within the major
subdivision, in accordance with Section 10.2.1 of the Weld County Subdivision Ordinance,
as amended. Paving of the streets may be timed for completion as phasing of the site
occurs.
e. Location of building envelopes identified on each of the residential lots. The building
envelopes shall be situated on a high point of the property; none will be allowed in the"blow-
out hole"areas, as requested by Don Carroll of the Weld County Public Works Department
in a memorandum dated July 8, 1996.
f. Agreement signed by both the applicants and Weld RE-8 School District regarding a method
by which the applicants/property owners will contribute toward impacts to the School District
resulting from an increase in students brought about by the major subdivision.
g. Written documentation from the Fort Lupton Fire Protection District indicating that adequate
evidence has been provided by the applicants regarding the major subdivision's ability to
meet fire flow demands for the residential sprinkler system, in accordance with NFPA 13D,
as requested in a letter dated June 5, 1996 from Larry Richardson of the Fire District.
h. Completion of an Improvements Agreement According Policy Regarding Collateral for
Improvements to guarantee completion of street and utility improvements and maintenance
of open space within the major subdivision.
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
include but not be limited to the following:
I) The Right to Farm covenant.
II) Fire flow demands for the residential sprinkler systems, as requested by Fort Lupton
Fire Protection District.
III) Allowed uses and maintenance of Tract A, designated as private common open
space for equestrian uses by residents of the major subdivision.
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RESOLUTION, S-401
John T. and James I. Martin
Page 5
IV) Requirement for individual lot owners to submit to and have approved by the
Department of Planning Services prior to the release of each residential building
permit:
A. A soils and foundation investigation report prepared by a qualified soils and
foundation engineer.
B. A soil erosion control/groundcover plan suited to the individual site.
V) A statement that the maximum number of large animals allowed per acre shall be
one (1).
VI) All restrictions regarding usage of the Speer Canal and its easements by residents
of the major subdivision. The restrictions shall be reviewed and approved by the
Farmers Reservoir and Irrigation Company prior to inclusion in the covenants.
j. Final copy identifying the powers and responsibilities of the Homeowners Association in
administering water to all lots in the major subdivision and in maintenance of interior streets
and common open space.
k. Copy of finalized Boundary and Joint Use Agreement between the applicants and Farmers
Reservoir and Irrigation Company for the Speer Canal which runs through the major
subdivision.
The design and drawings for the two bridge structures to be built across the Speer Canal for
use by residents of the major subdivision. Design of the structures must comply with the
requirements of the Farmers Reservoir and Irrigation Company and be built in accordance
with Weld County standards.
m. A development plan for Tract A, private common open space to be improved for recreational
use, to include but not be limited to:
Equestrian activities to be allowed on the parcel.
II. Amenities/improvements to be constructed, eg. private riding arena, stable or shed,
fencing, etc.
III. Soil erosion control plan which ensures that adequate groundcover will be
maintained on this site for the stated recreational uses.
IV. Water source or justification for lack of water on the site.
V. Method and frequency of manure removal to prevent nuisance conditions.
VI. Method of preventing runoff from the site to surrounding properties.
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RESOLUTION, S-401
John T. and James I. Martin
Page 6
VII. Establishment of equestrian easements providing a means to access the parcel from
all lots within the major subdivision.
Development and maintenance of the private common open space lot must be provided for
in the declaration of covenants and subdivision improvements agreement for the major
subdivision.
n. All application requirements set forth in Section 7.2 of the Weld County Subdivision
Ordinance, as amended.
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Christie Nicklas Marie Koolstra
Jack Epple
Arlan Marrs
Shirley Camenisch
Ann Garrison
The Vice-Chairperson 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, Jill Boshinski, 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 August 6, 1996.
Dated the 6th of August 1996.
Jill oio ki 8 —
Secretary
96i6"'7
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