HomeMy WebLinkAbout20151368.tiff RESOLUTION
RE: APPROVE RESUBDIVISION, RES15-0001, OF LOT 1 OF RS-1023
(A RESUBDIVISION OF UNION COLONY SUBDIVISION) AND PART OF THE UNION
COLONY SUBDIVISION LOCATED OUTSIDE THE BOUNDARIES OF RS-1023 TO
CREATE A TOTAL OF FIVE (5) LOTS - GEISERT PIT SUBDIVISION - WELD
COUNTY
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 May, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Weld County, 1150 O Street, Greeley, CO 80631, for a
Resubdivision, RES15-0001, of Lot 1 of RS-1023 (a Resubdivision of Union Colony Subdivision)
and part of the Union Colony Subdivision located outside the boundaries of RS-1023 to create a
total of five (5) lots - Geisert Pit Subdivision, on the following described real estate, being more
particularly described as follows:
Lot 1 of Resubdivision, RS-1023; and the lots
located immediately west of Lot 1 of Resubdivision,
RS-1023; all being part of the S1/2 of Section 31,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Brad Yatabe,
Weld County Assistant Attorney, and
WHEREAS, Section 24-5-10 of the Weld County Code provides standards for review of
said Resubdivision, 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 24-5-40.B of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24-5-50.H of the Weld County Code as follows:
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A. Section 24-4-50.H.1 states: "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."
The eastern 50% of the proposed resubdivision is located within the
urban growth boundary area for the City of Greeley. Weld County does
not have an approved intergovernmental agreement with the City of
Greeley.
B. Section 24-4-40.H.2 states: "Compliance with Chapter 23 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." Lot 1 serves as an existing access utilized by Weld
County Public Works. The existing gravel pits on proposed parcels 2 and
3 were created by a previously approved gravel mining operation under
2nd AMSUP-369 in 1994. These pits are proposed to be utilized for water
storage. Lot 4 encompasses a portion of the Poudre River Trail. The City
of Greeley is concurrently processing a subdivision on an adjacent
property to the south of this site under the name of Greeley Saddle Club.
Proposed Lot 5 is intended to clear up a property boundary between Weld
County and the City of Greeley. Upon approval, Lot 5 can be quitclaimed
to the City of Greeley by Weld County.
C. Section 24-4-40.H.3 states: "Comments received from referral agencies
have been addressed, if applicable." Conditions of Approval and notes
on the plat to address comments received from referral agencies.
D. Section 24-4-40.H.4 states: "Definite provision has been made fora water
supply that is sufficient in terms of quantity, dependability and quality to
provide water for the subdivision, including fire protection." None of the
proposed lots have habitable buildings or structures, nor are they
intended to be built upon at this time. Water is provided by the City of
Greeley in this area.
E. Section 24-4-40.H.5 states: "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." None of the proposed lots have habitable
buildings or structures, nor are they intended to be built upon at this time.
Sewer is provided by the City of Greeley in this area.
F. Section 24-4-40.H.6 states: "Streets within the subdivision are adequate
in functional classification, width and structural capacity to meet the traffic
requirements of the subdivision." Proposed Lot 1 borders a publically
maintained street (H Street). The remaining Lots (with the exception of
Lot 5) are accessed by a utility, drainage and access easement(s) to be
dedicated by the plat. The Weld County Planning Services Engineer is
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RESUBDIVISION (RES15-0001) —WELD COUNTY
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requiring a 30-foot minimum access and utility easement to provide
access to Lots 2, 3, 4 and 5. The City of Greeley is requesting, in their
referral comments dated April 17, 2015, that Lot 4 (where the Poudre
Trail is located) have either a 30-foot pedestrian and non-motorized
vehicular trail right-of-way or dedicate the entirety of Lot 4 as a pedestrian
and non-motorized vehicular trail right-of-way. Additionally the City of
Greeley requests that this 30-foot pedestrian and non-motorized
right-of-way be extended to the east (across the southern portion of Lot 1)
to allow for future extensions of the Poudre trail.
G. Section 24-4-40.H.7 states: "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 borders a public street (H Street)
in one location adjacent to proposed Lot 1. H Street is adequate to meet
the traffic requirements of the uses on the proposed lots.
H. Section 24-4-40.H.8 states: "Facilities providing drainage and storm water
management are adequate. This site is located within a State Designated,
Municipal Separate Storm Sewer System (MS4) Area."There are existing
gravel ponds on Lots 2 and 3. No additional buildings or structures are
proposed for these lots. The Weld County Planning Services Engineer is
requesting notes on the plat indicating that historical flows be maintained
on the site and also a note indicating that the resubdivision is located
within and MS4 area and that additional water quality and drainage
requirements may be triggered if any of these lots develop further.
Section 24-4-40.H.9 states: "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." No development of the lots is proposed that would cause an
unreasonable burden on services.
J. Section 24-4-40.H.10 states: "The subdivision will not cause air pollution
violations based on Colorado Department of Health standards." No
proposed additional development of the Lots is proposed that would
cause air pollution violations.
K. Section 24-4-40.H.11 states: "The subdivision conforms to the
subdivision design standards of Article VII."
L. Section 24-4-40.H.12 states: "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 has been received from
Colorado Parks and Wildlife in regards to this site. No further
development of the lots is proposed beyond the current uses on the sites.
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RESUBDIVISION (RES15-0001) -WELD COUNTY
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Weld County, for a Resubdivision, RES15-0001,
of Lot 1 of RS-1023 (a Resubdivision of Union Colony Subdivision) and part of the Union Colony
Subdivision located outside the boundaries of RS-1023 to create a total of five (5) lots - Geisert
Pit Subdivision, 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 applicant shall attempt to address the comments of the City of
Greeley, as stated in the referral response dated, April 17, 2015.
Evidence of such shall be provided, in writing, to the Department of
Planning Services.
B. The plat shall be amended to delineate the following:
1) All plat sheets shall be labeled RES15-0001.
2) The applicant shall show the approved City of Greeley access(es)
and label with the approved access permit number, if applicable.
3) The applicant shall show and label all easements with the
recorded document reception number and date.
4) The applicant shall show and label a 30-foot minimum access
easement to provide legal access to parcels 2, 3, and 4. If the
access is to cross adjacent properties, an easement is required
and the reception number shall be indicated on the plat.
5) Utility easements shall be shown on the plat per the
recommendations of the Weld County Utility Board at their
May 14, 2015, hearing.
6) The applicant shall show the floodplain and floodway (if
applicable) and label the floodplain boundaries with the FEMA
Flood Zone and FEMA Map Panel Number or appropriate study.
7) List the City of Greeley as an owner in the dedication statement
and list the City of Greeley as an owner under
"Owner(s)/Subdividers(s)" on the plat.
8) A non-exclusive 30-foot wide easement for pedestrian and non-
motorized vehicular trail access specifically for Poudre River Trail
Corridor, Inc., shall be indicated on Lot 4.
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9) The following notes shall be delineated on the Resubdivision Plat:
a) Should noxious weeds exist on the property, or become
established as a result of the proposed development, the
applicant/land owner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and
II, of the Weld County Code.
b) The historical flow patterns and runoff amounts will be
maintained on the site.
c) 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.
d) 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 #080123C-1528E (no effective date) (Cache la
Poudre 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.
C. 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
D. 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. Upon completion of Conditions of Approval 1.A through 1.E above, the applicant
shall submit a Mylar plat along with all other documentation required as
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RESUBDIVISION (RES15-0001) —WELD COUNTY
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Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by Department of Planning Services' Staff. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:CC�� EXCUSED
C/.d/L.ZJ .ko;ei Barbara Kirkmeyer, Chair
Weld County Clerk to the Board c
i1ti-ScC 'it --
d Mike Freeman, Pro-Tem
ah
De u Clerk to the oard EXCUSED
Las Sean P. Co; ay
APPROVED AS TO FOR
`16t ''7=' ulie A. Cozad
A. za V
County Attorney �" i �"
/ Steve Moreno
Date of signature: �` g
2015-1368
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