HomeMy WebLinkAbout20170085.tiffRESOLUTION
RE: APPROVE RESUBDIVISION, RES16-0001, TO DIVIDE TRACT A OF ARROWHEAD
SUBDIVISION 4TH FILING, INTO TWO (2) LOTS (IN CONJUNCTION WITH
COZ16-0003) - JACOB AND LAURA OWEN
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
January, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jacob and Laura Owen, 590 North Saint Louise Avenue, Loveland, CO 80538-
1215, for a Resubdivision, RES16-0001, to divide Tract A of Arrowhead Subdivision 4th Filing,
into two (2) lots (in conjunction with COZ16-0003), on the following described real estate, being
more particularly described as follows:
Tract A of Arrowhead 4th Filing; being part of
Section 27, Township 5 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Jeffrey Couch,
3468 Shallow Pond Drive, Fort Collins, CO 80528-7002, and
WHEREAS, Section 24-5-40 of the Weld County Code provides standards for review of
said Resubdivisions, 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
Planning staff 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 24-5-40.6 of the Weld County Code.
2. It is the opinion of the Department of Planning Services staff that the application
has shown compliance with Section 24-4-50.H of the Weld County Code, as
follows:
A. Section 24-4-50.H.1 -- That the proposed subdivision is located within an
urban growth boundary area as defined and adopted in any approved
intergovernmental agreement, or as defined in Chapter 22 of this Code.
Tract A is located within the Urban Growth Boundary of The City of Evans.
The City of Evans indicated that the applicant needs to provide evidence
that water has been previously dedicated to serve the residential uses at
the site, in the referral dated September 22, 2016. The applicant has
provided a tap agreement for two taps (dated 1996) with the application.
B. Section 24-4-50.H.2 -- Compliance with Chapter 24 and Chapter 23 of the
Weld County Code, the Zone District in which the proposed use is located,
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and any adopted intergovernmental agreements or master plans of
affected municipalities. The majority of Tract A is located in the 100 -year
floodplain/floodway. There are two locations adjacent to Kiowa Drive and
Pawnee Drive that are located out of the floodplain.
1) Section 24-1-30 of the Weld County Code has the following criteria:
M. Preventing and controlling erosion, sedimentation and other
pollution of surface and subsurface water.
N. Preventing flood damage to persons and properties and
minimizing expenditures for flood relief and flood control
projects.
O. Restricting or regulating in special flood hazard areas, shore
lands, areas covered by poor soils or areas poorly suited for
building or construction.
The applicants have submitted a preliminary site plan map indicating
building areas for both lots outside of the floodplain. Any development
(including filling or grading...) within the floodplain will require a Floodplain
Development Permit. Arrowhead Subdivision was developed/platted
beginning in the early 1960's and continuing to the early 1970's. There is
no drainage plan associated with this subdivision. The property is located
in a State Designated, Municipal Separate Storm Sewer System (MS4)
Area which may trigger specific water quality requirements or other
drainage improvements if the lot develops further. Also, historical flow
patterns and runoff amounts will be required to be maintained on the two
(2) proposed lots. Both of these items are proposed as notes on the
Resubdivision plat. This site is located within the three (3) mile referral
areas of the City of Greeley, City of Evans and the Town of Milliken. The
City of Milliken indicated no conflicts in the referral response dated
September 16, 2016. The City of Evans is requiring evidence that water
has previously been dedicated to the site, per the referral response dated
September 22, 2016. The City of Greeley indicated, in the referral response
dated September 20, 2016, that the applicant will need to follow all
floodplain regulations and requirements for any development in the
floodplain. The City of Greeley also indicated that the property appears to
be in a High Area of Ecological Significance.
C. Section 24-4-50.H.3 — Comments received from referral agencies have
been addressed, if applicable. Conditions of Approval and notes on the plat
have been included to address comments received from referral agencies.
D. Section 24-4-50.H.4 — Definite provision has been made for a water supply
that is sufficient in terms of quantity, dependability and quality to provide
water for the subdivision, including fire protection. A Condition of Approval
is attached requiring the applicant to provide evidence of water dedication
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for both proposed lots. The Front Range Fire Authority reviewed the
Resubdivision and indicated no additional accesses or fire hydrants will be
required in the referral response dated November 15, 2016.
E. Section 24-4-50.H.5 — 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 subdivision. Both lots are proposed to be served by individual septic
systems (On -Site Waste Water Treatment Systems). A Condition of
Approval requiring septic envelopes to be shown on the plat (meeting
setbacks from the adjacent lake and out of the floodway) and a note on the
plat regarding the preservation and protection of the absorption field sites
shall be added to the plat per the Weld County Department of Public Health
and Environment, Environmental Health Division.
F. Section 24-4-50.H.6 - Streets within the subdivision are adequate in
functional classification, width and structural capacity to meet the traffic
requirements of the subdivision. The proposed resubdivision is located off
of two existing developed roadways (Pawnee Drive and Kiowa Drive) within
the Arrowhead Subdivision.
G. Section 24-4-50.H.7 — Off -site street or highway facilities providing access
to the subdivision are adequate in functional classification, width and
structural capacity to meet the traffic requirements of the subdivision in
accordance with the requirements set forth in Article VII of this Chapter.
The proposed resubdivision is located within an existing subdivision that
accesses onto West 37th Street in three (3) locations.
H. Section 24-4-50.H.8 — Facilities providing drainage and stormwater
management are adequate. Arrowhead Subdivision was developed/platted
beginning in the early 1960's and continuing to the early 1970's. There is
not a Drainage Plan associated with this subdivision. Staff has received
three (3) phone calls expressing concerns/objections with the
development. One of these callers has also provided a letter of objection
citing concerns that Arrowhead is an old subdivision adopted before
drainage plan requirements (there is no comprehensive drainage plan for
the subdivision) and that developing Tract A (the lowest part of the
subdivision) will impact the ability of this Lot to handle/drainage (manure...)
from the subdivision and result in increased erosion, sedimentation and
runoff. Another property owner (adjacent to the building site off of Pawnee
Drive) stated concerns that approval of this resubdivision could increase
drainage/flooding onto his property at 5053 Pawnee Drive. Approximately
50% of his lot is located within the 100 -year floodplain. The property is
located in a State Designated, Municipal Separate Storm Sewer System
(MS4) Area which may trigger specific water quality requirements or other
drainage improvements if the lot develops further. Also, historical flow
patterns and runoff amounts will be required to be maintained on the two
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(2) proposed lots. Both of these requirements are proposed as notes on
the resubdivision plat.
Section 24-4-50.H.9 — The 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. This
proposed resubdivision would create one additional buildable residential lot
and will not cause an unreasonable burden on the ability of local
governments or districts to provide services. The City of Evans will supply
water to the proposed lots and the Front Range Fire Rescue Authority
reviewed the resubdivision and indicated no additional accesses or fire
hydrants will be required in the referral response dated November 15,
2016.
J. Section 24-4-50.H.10 — The subdivision will not cause air pollution
violations based on standards of the Colorado Department of Public Health
and Environment.
K. Section 24-4-50.H.11 — The subdivision conforms to the subdivision Design
Standards of Article VII. The applicant is proposing to divide an existing lot
in an existing platted subdivision. The proposed lots will adhere to the lot
size requirements as well as the easement standards of Article VII of the
Weld County Code and a Condition of Approval is attached requiring that
the applicant address the recommendations of the Weld County Utilities
Coordinated Advisory Committee.
L. Section 24-4-50.H.12 — The subdivision will not have an undue adverse
effect on wildlife, its habitat, the preservation of prime agricultural land and
historical sites. No referral response was received from the Army Corps of
Engineers in regards to this application. Colorado Fish and Wildlife
indicated no concerns in the referral response dated September 4, 2016.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jacob and Laura Owen, for a Re -Subdivision,
RES16-0001, to divide Tract A of Arrowhead Subdivision 4th Filing, into two (2) lots (in conjunction
with COZ16-0003), on the parcel of land described above be, and hereby is, granted subject to
the following conditions:
1. Prior to Recording the Resubdivision Plat:
A. The COZ16-0003 plat shall be submitted for recording with the
RES16-0001 plat.
B. The applicant shall submit a Floodplain Development Permit (FHDP) for all
development activities located within the special flood hazard area. The
FEMA definition of development is any man-made change to improved or
unimproved real estate, including by not limited to buildings or other
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structures, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials.
C. The plat shall be amended to delineate the following:
1) All plats shall be labeled RES16-0001.
2) Kiowa Drive and Pawnee Drive are designated on the Weld County
Road Classification Plan as paved local roads which require 60 feet
of right-of-way at full buildout. These roadways are within the
Arrowhead 4th Filing Subdivision. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. These roads are
maintained by Weld County.
3) Show the approved access(es) on the plat and label with the
approved Access Permit Number.
4) Show and label the floodplain and floodway (if applicable)
boundaries on the plat. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
5) Utility easements shall be shown on the plat per the
recommendations of the Weld County Utilities Coordinated
Advisory Committee at their hearing on January 8, 2015.
D. The following notes shall be delineated on the Resubdivision Plat:
1) Water service shall be obtained from the City of Evans.
2) This parcel is 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.
3) Language for the preservation and/or protection of the absorption
field shall be placed on the plat. The note shall state: 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.
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4) 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 the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
5) If land development exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan, submit
an Air Pollution Emissions Notice, and apply for a permit from the
Colorado Department of Public Health and Environment.
6) A stormwater discharge permit may be required for a
development/redevelopment /construction site where a contiguous
or non-contiguous land disturbance is greater than or equal to one
acre in area. Contact the Water Quality Control Division of the
Colorado Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
7) Should noxious weeds exist on the property, or become established
as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II, of the Weld County Code.
8) The access on the site shall be maintained to mitigate any impacts
to the public road including damages and/or off -site tracking.
9) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
10) The historical flow patterns and runoff amounts will be maintained.
11) This site is located in a State Designated, Municipal Separate Storm
Sewer System (MS4) Area which may trigger specific water quality
requirements or other drainage improvements if the lot develops
further.
12) All construction or improvements occurring in the floodplain or
floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1519E,
dated January 20, 2016 (Ashcroft Draw Floodplain). Any
development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements
as described in the 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,
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excavation, drilling operations, or storage of equipment and
materials.
13) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
14) If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
E. The applicant shall submit one paper copy or an electronic copy of the plat
for preliminary approval to the Weld County Department of Planning
Services
F. The applicant shall create a digital file of all drawings associated with the
Resubdivision 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). A copy
shall be submitted to the Weld County Department of Planning Services at
the time of Mylar plat submittal.
2. Prior to the issuance of Building Permits, the applicant shall provide a water tap
agreement or certificate of proof of payment of fees from the City of Evans for each
parcel.
3. Upon completion of Condition of Approval #1, the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 24-4-40.D.6 through D.11 of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee. If the Resubdivision
plat has not been recorded within sixty (60) days from the date of the Board of
County Commissioners Resolution, 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 Resubdivision has not been
abandoned and that the applicant possesses the willingness and ability to record
the Resubdivision 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 Resubdivision plat cannot be met, the Board may, after a
public hearing, revoke the Resubdivision.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of January, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT ; , COLORAD
ATTEST:G/,� / ii •4.
Weld County Clerk to the Board
BY:
AP
a.
kit's
Julie ' ozad, Chair
teve Moreno, Pro -Tern
Sean P. Conway
1
ke Freeman
Attorney ��7t, , �I/�A ,614-0-1/--e-Al
arbara Kirkmey
Date of signature: O i Dq/l
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