HomeMy WebLinkAbout20193864.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN, MINF19-0001, FOR FOUR (4) LOTS ZONED FOR 1-3 INDUSTRIAL USES
ALONG WITH ONE (1) OUTLOT TO BE UTILIZED FOR DRAINAGE PURPOSES -
CIMARRON LAND COMPANY, LLC
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 4th day of
September, 2019, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of
hearing the application of Cimarron Land Company, LLC, 200 1st St., Eaton, Colorado 80615, for
a Site Specific Development Plan and Minor Subdivision Final Plan, MINF19-0001, for four (4)
lots zoned for 1-3 Industrial uses along with one (1) outlot to be utilized for drainage purposes on
the following described real estate, to -wit:
Lot B Recorded Exemption, RECX15-0069; being
part of the NE1/4 of Section 32, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Tony Evans, Encompass, LLC, 1001 E Harmony
Road, Suite A201, Fort Collins, Colorado 80525, and
WHEREAS, Section 24-3-50 of the Weld County Code provides standards for review of
said Minor Subdivision Final Plan, 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 24-3-50 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24-3-60 of the Weld County Code, including
specifically:
A. Section 24-3-60.1.1 — Compliance with Chapters 23 and 24 of the Weld
County Code, the zone district, in which the proposed use is located, and
any adopted intergovernmental agreements or master plans of affected
municipalities.
1) Section 23-3-330.A — 1-3 (Industrial) Zone District states: "Intent.
The purpose of the 1-3 Zone District is to provide a zone to
accommodate uses that require larger amounts of space, are more
resource -intensive than industrial, and have limited public access.
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Properties zoned 1-3 should be located near transportation
infrastructure such as highways, railroads, or airports." The
proposed minor subdivision is near existing industrial uses to the
west and is located approximately 0.5 miles from an existing U.S.
Highway 85 and an existing railroad corridor. The applicant is
proposing a 4 -lot minor subdivision for industrial uses on a property
zoned 1-3 (Heavy Industrial). The property is not located within an
Urban Growth Boundary or Intergovernmental Agreement
Area (IGA) of a municipality.
B. Section 24-3-60.1.2 — Provisions have been made to preserve prime
agricultural land. The property was rezoned to 1-3 Industrial in 2013, and is
no longer designated for agricultural use and crop production.
C. Section 24-3-60.1.3 — 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. The minor
subdivision is proposed to be served by the North Weld County Water
District. A Condition of Approval is attached requiring the applicant to
address the requirements of the North Weld County Water District, as
stated in the referral dated July 23, 2019. The Colorado Division of Water
Resources, in the referral dated July 15, 2019, stated in their opinion
pursuant to C.R.S. §30-28-136(1)(h)(II), that the proposed water supply is
adequate and can be provided without causing injury to decreed water
rights.
D. Section 24-3-60.1.4 — 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. The applicant has indicated that individual septic
systems will be utilized for sewage disposal. When septic systems are
applied for, they shall be required to adhere to the regulations of the
Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code at the time of construction,
repair, replacement or modification of the system.
E. Section 24-3-60.1.5 — 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 the proposed uses
of these areas are compatible with such Conditions. The Colorado
Geologic Survey indicated, during the Sketch Plan phase, that no geology -
related problems appear to be associated with this proposal.
F. Section 24-3-60.1.6 - Streets within the minor subdivision are adequate in
functional classification, width, and structural capacity to meet the traffic
requirements of the minor subdivision.
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G. Section 24-3-60.1.7 — 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. The proposed minor subdivision accesses onto County
Road 64 (O Street), which is designated on the Weld County Functional
Classification Map as an arterial road.
H. Section 24-3-60.1.8 — 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 landowners within the
minor subdivision. The applicant will form an association that will be
responsible for the ongoing maintenance of the subdivision.
I. Section 24-3-60.1.9 — The minor subdivision is not part of, or contiguous
with, a previous recorded subdivision or unincorporated townsite.
J. Section 24-3-60.1.10 — There will be no on -street parking permitted within
the minor subdivision. All parking will be located on the individual lots in the
minor subdivision. The "no on -street parking" will be incorporated into the
subdivision's covenants.
K. Section 24-3-60.1.11 — No additional access to a county, state, or federal
highway will be created. The proposed minor subdivision will be utilizing a
single point of access onto County Road 64 (O Street).
L. Section 24-3-60.1.12 — The ingress and egress to all lots within the minor
subdivision will be to an internal road circulation system. All the lots in the
minor subdivision will access onto an internal road that is a public road, but
privately maintained.
M. Section 24-3-60.1.13 — Facilities providing drainage and stormwater
management are adequate. The owner has proposed and provided an area
within the development and located on an outlot, which specifically handles
the subdivision's drainage and stormwater runoff. The applicant submitted
both preliminary and final drainage reports. These will be finalized and
made Conditions of Approval prior to recording the final plat. The reports
were prepared by a professional engineer licensed in the state of Colorado.
N. Section 24-3-60.1.14 — The maximum number of lots within the minor
subdivision will not exceed nine (9) lots. Four (4) buildable lots and one (1)
outlot are proposed through this minor subdivision.
O. Section 24-3-60.1.15 — 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. Emergency responders
and the school district were sent referrals. The Weld County Sheriff's Office
responded with no concerns in the referral dated July 19, 2019. No referral
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response has been received from the Eaton Fire Protection District or the
RE -1 School District.
P. Section 24-3-60.1.16 — The subdivision will not have an undue adverse
effect on wildlife and its habitat, the preservation of agricultural land and
historical sites. No referral response has been received from Colorado
Parks and Wildlife. The property has not historically been zoned for
agricultural use. The property was rezoned from R-1 (Low Density
Residential) to 1-3 (Industrial) in July of 2013. Though the property was
zoned R-1 in 2013, it was used in the recent past for agricultural use
(cropland). The applicant has tried to conserve the existing agricultural land
until such a time when the subdivision is built out or no longer conducive to
sustaining productive farmland.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cimarron Land Company, LLC, for a Site Specific
Development Plan and Minor Subdivision Final Plan, MINF19-0001, for four (4) lots zoned for 1-3
Industrial uses along with one (1) outlot to be utilized for drainage purposes 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:
A. All sheets of the plat shall be labeled MINF19-0001.
B. The applicant shall address the location of the subdivision intersection as
summarized in the Public Works referral dated July 24, 2019.
C. The applicant shall submit Construction Drawings for review, addressing
the Public Works referral dated July 24, 2019.
D. The applicant shall submit a pavement design for the subdivision roadway
for review.
E. An Improvements and Road Maintenance Agreement for damage repairs
and triggered off -site public improvements per Chapter 12, Article V,
Section 12-5-60, as well as on -site improvements for the subdivision, per
Chapter 24, Article IX, Section 24-9-20, is required.
F. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
G. The applicant shall submit a complete copy of the covenants for review and
approval by Weld County staff. Finalized Restrictive Covenants and
Articles of Incorporation along with the appropriate recording fee (currently
$13 for the first page and $5 for subsequent pages) shall be submitted to
the Weld County Department of Planning Services. The Restrictive
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Covenants shall incorporate any changes required by the Weld County
Attorney's Office and Department of Planning Services.
H. The applicant shall submit Certificates from the Secretary of State
demonstrating that "The Association" has been formed and registered with
the state.
Utility easements shall be delineated on the plat, as outlined by the Utility
Board (per the recommendations of the Utility Board at the August 8, 2019
Utility Board Meeting) and per Section 24-7-60 of the Weld County Code.
J. The location of the subdivision sign (if one is proposed) shall be located on
property owned and maintained by the Association, meeting all setback
requirements and noted on the plat, the size of the sign shall be delineated
on the plat for review and approval. The sign shall not exceed 32 square
feet, per the Weld County Code.
K. The applicant shall submit the name of the street within the proposed
development along with the street addresses for review to the Weld County
Sheriff's Office, Department of Planning Services, Postal Services and
Emergency Responders. Evidence of their approval shall be submitted, in
writing, to the Department of Planning Services.
L. The Final Plat shall be amended to include:
1) All plat sheets shall be titled: MINF19-0001.
2) County Road 64 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
3) The applicant shall show and label the approved access locations,
and the appropriate turning radii (60 feet) on the site plan. The
applicant must obtain an Access Permit in the approved location(s)
prior to construction.
4) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
5) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
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M. The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes, prior to recording:
1) The Cimarron Land Company Minor Subdivision shall consist of
four (4) Industrial lots with 1-3 (Industrial) Zone District uses, as set
forth in Chapter 23, Article III, Division 5 of the Weld County Code
and one (1) non -buildable outlot as indicated in the application
materials on file.
2) Outlot A is designated for drainage and is non -buildable for
habitable buildings and structures.
3) Water service shall be provided by the North Weld County Water
District.
4) This subdivision is currently not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems
designed in accordance with the regulations of the Colorado
Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system.
5) Activity or use on the surface of the ground over any part of the
On -Site Wastewater Treatment System (OWTS) must be restricted
to that which shall allow the system to function as designed and
which shall not contribute to compaction of the soil or to structural
loading detrimental to the structural integrity or capability of the
component to function as designed.
6) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a Fugitive Dust Control
Plan must be submitted.
7) Lot purchasers should be aware that the crossing of the Union
Pacific Railroad is anticipated to be closed at O Street to the west
of the subdivision access point. At that time O Street will no longer
have direct access to U.S. Highway 85 to the west.
8) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
9) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Article I and II,
of the Weld County Code.
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10) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
11) Any work that may occupy and/or encroach upon any County rights -
of -way or easement shall require an approved Right -of -Way Use
Permit prior to commencement.
12) The historical flow patterns and runoff amounts on the site will be
maintained.
13) The subdivision detention pond is designed for individual site
imperviousness of 60%. If individual site imperviousness exceeds
60%, on -site detention may be required.
14) Weld County is not responsible for the maintenance of on -site
drainage related features.
15) Weld County is not responsible for the maintenance on on -site
subdivision roads.
16) Once the permanent control measure has been approved by Public
Works, the site shall be routinely inspected at a frequency
determined by Public Works, usually on an annual basis unless
otherwise noted, for the life of the control measure. Inspections
occur to ensure the permanent control measure remains fully
operational and is being adequately maintained according to the
site's Operation and Maintenance Plan. Upon sale of the property,
the responsibility of maintaining permanent control measures shall
be transferred to the new owner.
17) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway, as
delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1533E, effective date
January 20, 2016 (Eaton Draw Floodplain). Any development shall
comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of
equipment and materials.
18) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
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should contact Weld County to determine if the floodplain
boundaries have been modified.
19) The site shall always maintain compliance with the requirements of
the Weld County Government.
20) Weld County Government personnel shall be granted access onto
the property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards
stated herein and all applicable Weld County Regulations.
21) An Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner.
The Association is responsible for liability insurance, taxes and
maintenance of streets, private utilities and other facilities along
with the enforcement of covenants.
22) All landscaping within the site distance triangles must be less than
3.5 feet in height at maturity.
23) Stop signs and street name signs will be required at all
intersections.
24) A permit may be required from the Weld County's Public Works
Right -of -Way agent for each utility.
25) A plan review is required for each building. Two (2) complete sets
of plans are required when applying for each permit.
26) Building Permits may be required for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. A Building Permit application must be completed and
submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit
application. Currently, the following have been adopted by Weld
County: 2018 International Building Codes, 2006 International
Energy Code, 2017 National Electrical Code, and Chapter 29 of the
Weld County Code. A plan review shall be approved, and a permit
must be issued prior to the start of construction.
27) Sources of light shall be shielded so that light rays will not shine
directly onto adjacent properties. Sources of light should not cause
a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor
vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control
devices.
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28) Prior to the issuance of building permits, the applicant shall submit
construction plans for the utilities showing the location of fire
hydrants, the size of water mains and available fire flows to the
Eaton Fire Protection District for review.
29) Per Section 24-3-80 of the Weld County Code: If no construction
has begun or no use established in the minor subdivision within
three (3) years of the date of the approval of the minor subdivision
final plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating
that the final plat has not been abandoned and that the applicant
possesses the willingness and ability to continue the minor
subdivision. The Board of County Commissioners may extend the
date for initiation of the minor subdivision construction and shall
annually require the applicant to demonstrate that the minor
subdivision has not been abandoned. If the Board of County
Commissioners determines that conditions supporting the original
approval of the minor subdivision final plat have changed or that the
landowner cannot implement the minor subdivision final plat, the
Board may, after a public hearing, revoke the minor subdivision final
plat and order the recorded minor subdivision vacated.
30) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34, of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits
are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and persons moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
31) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on
the map and recognized at all times.
N. Prior to Construction:
1) Any construction in the floodplain requires a Flood Hazard
Development Permit.
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2) The applicant shall notify Public Works of the anticipated start date
and schedule a stormwater inspection. If construction has
commenced without contacting Public Works, the site will be in
violation, a stop work order will be issued, and further enforcement
actions may be pursued.
O. During Construction:
1) Public Works shall be allowed to enter the premises to inspect
temporary control measures (BMPs) for proper installation and
maintenance as detailed in the site's Stormwater Management Plan
(SWMP). Inspections occur to ensure adequate measures are
taken to protect the landowner, neighboring properties, adjacent
roadways and nearby waterways from the potentially adverse
effects of stormwater runoff. Inspections shall occur at a frequency
determined by the site's compliance, with higher inspection
frequencies for non-compliance.
P. Prior to Operation:
1) If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
2) Accepted construction drawings and construction of the off -site
roadway improvements are required.
3) The applicant shall submit an As -Built Drawing of each permanent
control measure, signed and stamped by a Professional Engineer
registered in the State of Colorado. After the submittal, Public
Works shall be allowed to enter the premises to inspect the
permanent control measure(s) to confirm proper installation, as
detailed in the drawing.
Q. Per Section 24-3-70 of the Weld County Code: If a final plat has not been
recorded within one (1) year of the date of the approval of the minor
subdivision final plat or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it
and present evidence substantiating that the minor subdivision final plat
has not been abandoned and that the applicant possesses the willingness
and ability to record the final plat. The Board of County Commissioners
may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the final plat cannot be met,
the Board may, after a public hearing, revoke the minor subdivision final
plat.
R. The applicant shall submit one (1) digital copy of the amended final plat for
review and approval. Upon approval of the paper copies the applicant shall
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submit a Mylar plat and a digital file of all drawings associated with the Final
Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4) ... (Group 6 is not acceptable). The Mylar
plat shall be recorded in the office of the Weld County Clerk and Recorder
by Department of Planning Services
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CQLQRADO
ATTEST: ditifik) aidda t1
Weld County Clerk to the Board
Deputy Clerk to the Boar
APP' • ED AS TO
ount • torney
Date of signature: 1O/1O/19
arbara Kirkmeyer,hair
Steve Moreno
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