HomeMy WebLinkAbout20190724.tiffRESOLUTION
RE A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED FINAL PLAN,
MINF18-0001, TO MODIFY CONDITIONALLY APPROVED MINOR SUBDIVISION,
S-588 (IVY CREST), TO REDUCE THE NUMBER OF LOTS FROM FIVE (5) TO
THREE (3), ALONG WITH MODIFYING THE ACCESS INTO THE BOSALITA ESTATES
MINOR SUBDIVISION - JOHN AND KIM PENCE
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 20th day of
February, 2019, at the hour of 10 00 a m , in the Chambers of the Board, for the purpose of
hearing the application of John and Kim Pence, 18905 CR 394, LaSalle, CO 80645, to modify
conditionally approved Minor Subdivision, S-588 (Ivy Crest), to reduce the number of lots from
five (5) to three (3), along with modifying the access into the Bosalita Estates Minor Subdivision,
on the following described real estate, being more particularly described as follows
Lot A of Amended Recorded Exemption, RE -2151,
being part of the E1/2 of Section 21, Township 3
North, Range 67 West of the 6th P M , Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, 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 recommendation 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 O of the Weld County Code as follows
A Section 24-3-60 O 1 states "Compliance with Chapters 23 and 24 of the
Weld County Code, the zone distract in which the proposed use is located,
and any adopted intergovernmental agreements or master plans of
affected municipalities "The original application was submitted in 2001 At
that time, the overall design of the proposed development was determined
to adhere to Minor Subdivision and the E (Estate) Zone District
requirements The Comprehensive Plan for the Town of Platteville has
designated this area as an agricultural buffer Further, the Town of Mead
provided a referral response, dated March 19, 2001, indicating its
disapproval of the proposal
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Consideration was given to the responses from the Towns of Mead and
Platteville during the Change of Zone application process and deemed to
be inadequate for denial. Referrals were sent back out to the Town of
Platteville, Town of Mead and Town of Firestone to review the proposed
changes to this Minor Subdivision. The Town of Mead, in their referral
response dated October 17, 2018, stated they had no concerns. No referral
responses were received from the Towns of Platteville or Firestone. The
proposed Amended Minor Subdivision adheres to the E (Estate) Zone
District requirements and complies with the exception that the applicant is
requesting two accesses into the Bosalita Estates Minor Subdivision,
versus all lots within the Minor Subdivision accessing onto an internal road
access. The Board has reviewed the request and determined that
technically the 30 -foot access easement ceased to exist when the Minor
Subdivision was approved; however, there is a possible prescriptive
easement, which the previous owner should have removed but didn't, and
just kept using it. In agreement with the current property owner, the Board
recognizes the prescriptive easement as an existing access for Lot A onto
the County roadway system and is willing to allow a new shared access for
the southern Lots B and C, which meets the requirement of an internal road
system.
B. Section 24-3-60.O.2 states: "That provisions have been made to preserve
prime agricultural land." The site is located on land designated as Irrigated
Land (not prime) per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
C. Section 24-3-60.O.3 —states: "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
original Ivy Crest Minor Subdivision was approved under a condition of
approval requiring that the Water Main Extension Contract is finalized, a
tap agreement be in place, and tap fees and $44,100.00 for improvements
or collateral to satisfy those fees be in place prior to recording the Final
Plat. The Central Weld County Water District will also accept collateral for
improvements. Further, a Condition of Approval was attached requiring that
the well proposed to provide fire protection be properly permitted through
the Office of the State Engineer, Division of Water Resources. A referral
was sent back out to the Colorado Division of Water Resources and Central
Weld County Water District to review the proposed changes to this Minor
Subdivision. The Division of Water Resources, in their referral dated
October 12, 2018, stated that there was a well permit (permit no. 45972-
A). The permit was issued under the condition that the existing well
permit (45972) be abandoned. The Division also stated that if the well is to
be used in the subdivision, the proposed uses must be specified and the
applicant must demonstrate that a court -approved augmentation plan has
been obtained for the well. A referral response dated November 2, 2018,
has been received from the Central Weld County Water District indicating
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no concerns. A Condition of Approval is attached that the applicant shall
address the requirements of the Colorado Division of Water Resources.
Additionally, the fire protection condition for the well states that the
applicant shall submit evidence that the well proposed for fire protection
has been properly permitted through the Office of the State Engineer,
Division of Water Resources, or provide evidence that fire protection can
be provided through the Central Weld County Water District.
D. Section 24-3-60.O.4 states: "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." On -site Wastewater Treatment
Systems (OWTS) are proposed for each lot and will be installed according
to the Weld County Department of Public Health and Environment OWTS
regulations.
E. Section 24-3-60.O.5 states: "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."
The Colorado Geologic Survey indicated, during the Sketch Plan phase,
that no geology -related problems appeared to be associated with this
proposal.
F. Section 24-3-60.O.6 states: "That streets within the minor subdivision are
adequate in functional classification, width and structural capacity to meet
the traffic requirements of the minor subdivision." The Department of Public
Works reviewed the revised request and indicated, in their referral
response dated November 7, 2018, that the northern access location does
not meet spacing requirements but has an existing easement that is being
used by parcels to the west. The proposed southern access does not meet
spacing for a Collector Road (County Road 19). Public Works requested
that this southern proposed access be moved south to meet the spacing
requirements. The Board has reviewed the request and determined that
technically the 30 -foot access easement ceased to exist when the Minor
Subdivision was approved; however, there is a possible prescriptive
easement, which the previous owner should have removed but didn't, and
just kept using it. In agreement with the current property owner, the Board
recognizes the prescriptive easement as an existing access for Lot A onto
the County roadway system and is willing to allow a new shared access for
the southern Lots B and C, which meets the requirement of an internal road
system.
G. Section 24-3-60.O.7 states: "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
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requirements of the minor subdivision."The minor subdivision is accessing
onto County Road 19, an existing, paved road delineated as a collector
road per the Weld County Functional Classification Map.
H. Section 24-3-60.O.8 states: "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 landowners
within the minor subdivision." The applicant is requesting two (2) separate
accesses, one (1) existing and one (1) proposed for the Bosalita Estates
Minor Subdivision. These accesses will be maintained by the landowners
within the minor subdivision.
Section 24-3-60.O.9 states: "The minor subdivision is not part of or
contiguous with a previously recorded subdivision or unincorporated
townsite."
J. Section 24-3-60.O.10 states: "That there will be no on -street parking
permitted within the minor subdivision." No on -street parking will occur in
Bosalita Estates. The applicant is requesting that access onto County Road
19 be via an existing easement on proposed Lot A and via a shared
easement between proposed Lots B and C. The Board has reviewed the
request and determined that technically the 30 -foot access easement
ceased to exist when the Minor Subdivision was approved; however, there
is a possible prescriptive easement, which the previous owner should have
removed but didn't, and just kept using it. In agreement with the current
property owner, the Board recognizes the prescriptive easement as an
existing access for Lot A onto the County roadway system and is willing to
allow a new shared access between the southern Lots B and C, which
meets the requirement of an internal road system.
K. Section 24-3-60.O.11 states: "That no additional access to a county, state
or federal highway will be created." The proposed minor subdivision will
utilize an existing access point for the northern lot. This access is shared
by the property to the north that is under separate ownership and by an
existing oil and gas production facility on a property to the west (under
separate ownership). This existing access is identified as a 20 -foot
easement to access Lot A of RE -2152 (that crosses the property that this
minor subdivision is being applied for). At the time that this easement was
identified, this property was under common ownership with the minor
subdivision property. Since that time both parcels have been sold and are
now under separate ownership. The applicant is proposing one (1)
additional access point onto to be shared by the southern two (2) lots. The
Department of Public Works reviewed the revised request and indicated, in
their referral response dated November 11, 2018, that the northern access
location does not meet spacing requirements but has an existing easement
that is being used by parcels to the west. The Board has reviewed the
request and determined that technically the 30 -foot access easement
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ceased to exist when the Minor Subdivision was approved; however, there
is a possible prescriptive easement, which the previous owner should have
removed but didn't, and just kept using it. In agreement with the current
property owner, the Board recognizes the prescriptive easement as an
existing access for Lot A onto the County roadway system and is willing to
allow a new shared access for the southern Lots B and C, which meets the
requirement of an internal road system.
L. Section 24-3-60.O.12 states: "That the ingress and egress to all lots within
the minor subdivision will be to an internal road circulation system." Due to
the existing access situation on the property, the applicant is proposing two
separate accesses into the Minor Subdivision. The proposed minor
subdivision will utilize an existing access point for the northern lot. This lot
is utilized by the property to the north (under separate ownership) and by
an existing oil and gas production facility on a property to the west (that is
under separate as well). The applicant is proposing one (1) additional
access point to be shared by the southern two (2) lots. The Department of
Public Works reviewed the revised request and indicated, in their referral
response dated November 11, 2018, that the northern access location does
not spacing requirements but has an existing easement that is being used
by parcels to the west. The Board has reviewed the request and
determined that technically the 30 -foot access easement ceased to exist
when the Minor Subdivision was approved; however, there is a possible
prescriptive easement, which the previous owner should have removed but
didn't, and just kept using it. In agreement with the current property owner,
the Board recognizes the prescriptive easement as an existing access for
Lot A onto the County roadway system and is willing to allow a new shared
access for the southern Lots B and C, which meets the requirement of an
internal road system.
M. Section 24-3-60.O.13 states: "That facilities providing drainage and
stormwater management are adequate for the minor subdivision. " The site
meets the drainage exception for residential Developments per Weld
County Code Section 23-12-30.F.1.a.7.
N. Section 24-3-60.O.14 states: "That the maximum number of lots within the
minor subdivision will not exceed nine (9) lots." Only three (3) lots are
proposed through this minor subdivision.
O. Section 24-3-60.O.15 states: "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 number of lots in
the minor subdivision is being reduced from five (5) to three (3). The
Platteville-Gilcrest Fire Protection District, in their referral dated
October 21, 2018, indicated no concerns. No referral response has been
received from the Weld County Sheriff's Office regarding this amended
Minor Subdivision request.
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P. Section 24-3-60.R states: "The subdivision will not have an undue adverse
effect on wildlife and its habitat, the preservation of agricultural land and
historical sites." Colorado Parks and Wildlife, in their referral dated
October 8, 2018, indicated no concerns.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of John and Kim Pence, for Site Specific Development Plan
and Amended Final Plan, MINF18-0001, to modify conditionally approved Minor Subdivision,
S-588 (Ivy Crest), to reduce the number of lots from five (5) to three (3), along with modifying the
access into the Bosalita Estates Minor Subdivision, on the parcel of land described above 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 MINF18-0001.
B. The applicant shall submit copies of a finalized water agreement with the
Central Weld County Water District.
C. Utility easements shall be delineated on the plat as outlined by the Utility
Board (per the recommendations of the Utility Board at the December 13,
2018 Utility Board Meeting) and per Section 24-7-60 of the Weld County
Code.
D. The applicant shall attempt to reach an agreement with the RE -1 School
District.
E. The applicant shall either submit evidence that the well proposed to provide
fire protection has been properly permitted through the Office of the State
Engineer, Division of Water Resources. In the alternative, the applicant
shall provide evidence that adequate fire protection can be provided
through the Central Weld County Water District or other means.
F. The applicant shall address the requirements of the Colorado Division of
Water Resources referral dated October 12, 2018. Written evidence of
such shall be submitted to the Department of Planning Services.
G. The applicant shall submit a written request to vacate SUP -338 to the
Department of Planning Services.
H. The Final Plat shall be amended to include:
1) All plat sheets shall be titled: MINF18-0001.
2) County Road 19 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
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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 (25 feet) on the site plan. The
applicant must obtain an Access Permit in the approved location(s)
prior to construction. The shared access shall be between the
boundary lines of lots 2 and 3.
4) The applicant shall show the drainage flow arrows.
5) The Lots shall be labeled to Lots 1, 2 and 3.
The Final Plat is conditional upon the following and that each be placed on
the Final Plat as notes prior to recording:
1) The Bosalita Estates Minor Subdivision shall consist of three (3)
residential lots with E (Estate) Zone District uses as set forth in
Chapter 23, Article III, Division 5 of the Weld County Code as
indicated in the application materials on file.
2) Water service shall be provided from the Central Weld County
Water District.
3) This minor subdivision is in rural Weld County and 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.
4) Activity or use on the surface of the ground over any part of the
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.
5) 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.
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6) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
7) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
8) Any work that may occupy and/or encroach upon any County
Rights -of -Way or easement shall acquire an approved Right -of -
Way Use Permit prior to commencement.
9) The historical flow patterns and runoff amounts on the site will be
maintained.
10) Weld County is not responsible for the maintenance of on -site
drainage related features.
11) The site shall maintain compliance, at all times, with the
requirements of the Weld County Government.
12) A permit may be required from the Weld County's Public Works
Right -of -Way agent for each utility.
13) 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.
14) Sources of light shall be shielded so that light rays will not shine
directly onto adjacent properties where such would cause a
nuisance or interfere with the use on the adjacent properties.
15) 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
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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.
16) 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 person 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.
17) 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.
J. 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.
K. The applicant shall submit one (1) paper copy or (1) digital copy of the amended
final plat for review and approval. Upon approval of the paper copies the applicant
shall 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 Arcinfo
Export files format type is .e00. The preferred format for Images is .tif (Group 4)
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.(Group 6 is not acceptable). The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of February, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO •RADO
ATTEST: diavN v• .�+CLto,
Weld County Clerk to the Board
BY: BQ tQ/yU, -
Deputy ClerIE o the Board
ounty Attorney
Date of signature 3-13-19
rbara Kirkmeye', Chair
„cal j2t3tut...
Mike Freeman, Pro -Tern
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