HomeMy WebLinkAbout20121937.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF12-0001, FOR A REQUEST TO AMEND THE
FINAL PLAT OF SIERRA ACRES PLANNED UNIT DEVELOPMENT (PF-1089) TO
ALLOW A SINGLE-FAMILY RESDIENCE TO BE BUILT ON OUTLOT 3 - PODTBURG
SONS DAIRY, 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, a public hearing was held on the 25th day of July, 2012, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Podtburg Sons Dairy,
LLC, 12699 CR 66, Greeley, Colorado 80631, requesting a Site Specific Development Plan and
Planned Unit Development Final Plan, PUDF12-0001, for a request to amend the Final Plat of
Sierra Acres Planned Unit Development (PF-1089) to allow a single-family residence to be built
on Outlot 3, for a parcel of land located on the following described real estate, to-wit:
Outlot 3, Sierra Acres PUD; being part of
Section 19, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Tim Naylor,
AGPROfessionals, LLC, 4350 Highway 66, Longmont, Colorado 80504, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of
a Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld
County Planning Commission, and, having been fully informed, finds that this request shall be
approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C as follows:
A. Section 27-7-40.D.2.a -- The proposal is consistent with Chapters 19, 22,
23, 24 and 26 of this code and any intergovernmental agreement in effect
influencing the PUD.
1) Section 22-2-20.G.3 (A.Policy 7.3) states, "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." The existing lot can support a
single-family residence. There are existing residences located to
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the north of the site (Sierra Acres PUD) and an existing single
family residence located to the east of the site.
2) The proposed site is not influenced by any intergovernmental
agreements or a Regional Urbanization Area.
B. Section 27-7-40.D.2.b -- The uses which would be allowed in the
proposed PUD will conform with the performance standards of the PUD
Zone District contained in Chapter 27, Article 11, of the Weld County Code.
1) Section 27-2-20, Access Standards — Outlot 3 (proposed Lot 10)
is separated from the remaining residential lots in Sierra Acres
PUD by the Greeley No. 2 Canal. A separate access to the lot off
of County Road (CR) 27 will be required and an Access Permit
approval is required as a Condition of Approval.
2) Section 27-2-40. Bulk Requirements — The only change to the
existing Sierra Acres PUD is to allow one (1) single family
residence to be constructed on Outlot 3 of Sierra Acres PUD.
3) Section 27-2-140. Nonurban Scale Development - "Nonurban
scale developments are developments comprised of nine (9) or
fewer residential lots, located in a nonurban area as defined in
Chapter 22 of this Code, not adjacent to other PUDs, subdivisions,
municipal boundaries or urban growth corridors." Sierra Acres is
located in a nonurban area and currently has nine (9) residential
lots. However, Outlot 3, (to become Lot 10) though technically a
part of Sierra Acres PUD, is separated from the rest of the PUD by
the Greeley No. 2 Ditch and will have its own separate access
onto CR 27. The applicant has met the remaining performance
standards, as delineated in Section 27- 2-10. The Conditions of
Approval ensure compliance with Sections 27-2-20 through 27-2-
220 of the Weld County Code.
C. Section 27-7-40.D.2.c -- The uses which will be permitted, will be
compatible with the existing or future development of the surrounding
area as permitted by the existing zoning, and with the future development
as projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed site is not influenced by an
Intergovernmental Agreement. The site is within the three-mile referral
area for the City of Greeley, Town of Severance, and Town of Windsor.
No referral response has been received from either of these
municipalities.
D. Section 27-7-40.D.2.d -- Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD
in compliance with the performance standards in Chapter 27, Article II, of
the Weld County Code. The proposed residence will be supplied by the
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North Weld County Water District and by individual septic system. The
North Weld County Water District has provided an Ability to Serve Letter
for water service for Outlot 3 (proposed Lot 10).
E. Section 27-7-40.D.2.e -- The street or highway facilities providing access
to the property are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the uses of the
proposed PUD Zone District. The approved access permit # (AP12-
00161) will be required to be shown on the plat for the access into the site
off of CR 27.
F. Section 27-7-40.D.2.f— In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway
facilities in conformance with the Transportation Sections of Chapters 22,
24 and 26, if applicable. An access was approved for Outlot 3 (proposed
Lot 10) under Access Permit#AP12-00161.
G. Section 27-7-40.D.2.g -- There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The potential for commercial mineral deposits for Avery
Acres PUD was already reviewed under the original Sierra Acres PUD
(PZ-1089). Effective April 25, 2011, building permits issued on the
proposed lots will be required to adhere to the fee structure of the County-
Wide Road Impact Fee Program. Effective April 25, 2011, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
H. Section 27-7-40.D.2.h -- If compatibility exists between the proposed uses
and criteria listed in the development guide, and the final plan exactly
conforms to the development guide. The Amended PUD Final Plan uses
are compatible with the criteria listed in the developmental guide included
in the application materials.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Podtburg Sons Dairy, LLC, for a Site Specific
Development Plan and Planned Unit Development Final Plan, PUDF12-0001, for request to
amend the Final Plat of Sierra Acres Planned Unit Development (PF-1089) to allow a
single-family residence to be built on Outlot 3, on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
1. Prior to Recording the PUD Final Plat:
A. The applicant shall submit evidence that the Weld County Attorney's
Office has reviewed and approved the Restrictive Covenants for Sierra
Acres PUD. Any changes requested by the Weld County Attorney's
Office and Department of Planning Services shall be incorporated.
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B. The applicant shall submit finalized copies and the appropriate fee ($6 for
the first page and $5 for each additional page) to the Department of
Planning Services for recording the Restrictive Covenants for Sierra
Acres PUD in the Office of the Clerk and Recorder.
C. The applicant shall address the requirements of Weld CountySchool
District RE-4, as stated in the referral response dated May 10, 2012.
Evidence of such shall be provided to the Department of Planning
Services.
D. The applicant shall provide the Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no
delinquent taxes exist for the original parcel.
E. The applicant shall make the following changes to the covenants:
1) Definitions: Outlot— "Outlot 3" shall be changed to "Lot 10."
2) Section 1.18. (Change "Outlot 3" to "Lot 10.")
F. The Department of Planning Services respectfully requests a digital copy
of this Use by Special Review, as appropriate. Acceptable CAD formats
are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are
ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps@co.weld.co.us
G. The Plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDF12-0001.
2) The Weld County's Right to Farm Statement shall be placed on
the plat per Section 22-2-20.J (A.Goal 10) of the Weld County
Code.
3) Remove the signature block for the Department of Planning
Services and replace it with the signature block for the Board of
County Commissioners.
4) Sierra Acres Outlot 3 should be renamed to Lot 10.
5) Show the residential access point labeled with the Access Permit
number (AP12-00161).
2. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
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A. Sierra Acres PUD shall consist of nine (9) residential lots with E (Estate)
Zone uses; one outlot with agricultural uses that is non-buildable for
residential structures (Outlet 1) at 17.9 acres; and one Agricultural lot (lot
3) buildable for one (1) single-family residence at 23.9 acres: and 0.3
acres of open space (Sierra Acres PUD). The PUD will be subject to, and
governed by, the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. The purpose of this amended Final Plan is to change Outlot 3 to Lot 10.
Lot 10 shall be changed from an agricultural outlot that is non-buildable
for residential purposes to an agricultural outlot that is buildable for
residential purposes allowed under Section 23-3-20.A of the Weld County
Code.
C. Agricultural Outlot 1 is non-buildable for residential structures. Only
agricultural and exempt structures are permitted on Outlot 1.
D. The drainage easement must remain in place on Lot 10. No construction
or storage is allowed within the easement.
E. All landscaping within the site distance triangles must be less than 3.5
feet in height at maturity.
F. 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 plat and
recognized at all times.
G. Installation of utilities shall comply with Sections 24-9-10 and 27-9-40 of
the Weld County Code and the Utility Board conditions.
H. This subdivision is in rural Weld County and 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.
I. Water service shall be obtained from the North Weld County Water
District.
J. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction activities (i.e. auxiliary structures, dirt mounds, etc.) are
expressly prohibited in the designated absorption field site.
K. 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. The
applicant shall contact the Water Quality Control Division of the Colorado
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Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit, for more information.
L. 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.
M. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres of
land must incorporate all available and practical methods that are
technologically feasible and economically reasonable in order to minimize
dust emissions.
N. If land development creates more than a 25-acre contiguous disturbance,
or 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.
O. There are Confined Animal Feeding Operations in close proximity to this
development. Residents should be aware that there may be flies and
odors associated with these activities.
P. Auxiliary Quarters as defined by Section 23-1-90 of the Weld County
Code shall be allowed on all E (Estate) zoned lots (Lots 1-9).
Q. A building permit may be required for any new construction, alteration, or
addition to any building on the property. A Building Permit Application
must be completed and two complete sets of plans, including engineered
foundation plans bearing the wet stamp of a Colorado registered architect
or engineer, must be submitted for review. A Geotechnical Engineering
Report performed by Colorado registered engineer or a open hole
inspection shall be required.
R. 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: 2006 International Building Code,
2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Energy Code, 2011 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.
S. All signs, including entrance signs, may require building permits. Signs
shall adhere to Chapter 23, Article 4, Division 2, and Appendix 23-C
through 23-E of the Weld County Code. These requirements shall apply
to all temporary and permanent signs.
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T. Effective April 25, 2011, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program.
U. Effective April 25, 2011, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
V. A Homeowner's 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 open space, streets, private utilities and other facilities
along with the enforcement of covenants.
W. The property owner shall allow any mineral owner or lease the right of
ingress or egress for the purposes of exploration, development,
completion, re-completion, re-entry, production and maintenance
operations associated with existing or future operations on these lands.
X. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
Y. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code.
Z. Necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment 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
Conditions of Approval stated herein and all applicable Weld County
regulations.
AA. The site shall maintain compliance, at all times, with the requirements of
the Weld County Departments of Public Works, Public Health and
Environment, Planning Services, and adopted Weld County Code and
Policies.
AB. The property shall be maintained in such a manner that grasses and
weeds are not permitted to grow taller than twelve (12) inches. In no
event shall the property owners allow the growth of noxious weeds.
AC. No residential development activity shall commence on the Lot 10, nor
shall any residential building permits be issued on Lot 10 until the Final
Plan has been approved and recorded.
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AD. Section 27-8-80.A of the Weld County Code - Failure to Comply with the
PUD Final Plan - The Board of County Commissioners may serve written
notice upon such organization or upon the owners or residents of the
PUD setting forth that the organization has failed to comply with the PUD
Final Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof. A hearing shall be
held by the Board within fifteen (15) days of the issuance of such notice,
setting forth the item, date and place of the hearing. The Board may
modify the terms of the original notice as to deficiencies and may give an
extension of time within which they shall be rectified.
AE. The Amended PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning. Upon approval of the paper copies, 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 the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 27-9-20 of
the Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date of the Board of Weld County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
4. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan - If a Final Plan plat has not been recorded within one
(1) year of the date of the approval of the PUD Final Plan, 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 PUD
Final Plan has not been abandoned and that the applicant possesses the
willingness and ability to record the PUD Final Plan plat. The Board may extend
the date for recording the plat. If the Board determines that conditions supporting
the original approval of the PUD Final Plan cannot be met, the Board may, after a
public hearing, revoke the PUD Final Plan.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Co. 'a , Chair
Weld County Clerk to the Board
William F. Garcia-,-Pro- em
BY:
Deputy Cle to the Board ,�► La� ara
`'�, -wii•ara Kirkmeyer
APP AS e • -M ��uu��
1861 O avid E. Long
ou 'y Attorney
Dougl.s Radem9:cher
Date of signature: 1- ,g1 -1 a
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