HomeMy WebLinkAbout20101955.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT
DEVELOPMENT FINAL PLAN,AMPF#1045,TO VACATE OUTLOT A AND ADD ONE (1)
COMMON OPEN SPACE OUTLOT (TRACT E - 1.53 ACRES) TO THE HIGHLAND
FARMS PUD -BALMES HOMES, LLC DEFINED BENEFIT PROGRAM, CIO GREG AND
LISA BALMES
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 August, 2010, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Balmes Homes, LLC Defined
Benefit Program,c/o Greg and Lisa Balmes, 6480 County Road 5, Erie, Colorado 80516, requesting
a Site Specific Development Plan and Amended Planned Unit Development Final Plan,
AmPF#1045, to Vacate Outlot A and add one (1) Common Open Space Outlot (Tract E — 1.53
acres) to the Highland Farms PUD, for a parcel of land located on the following described real
estate, to-wit:
Outlot A of Highland Farms PUD; being part of the
NW1/4 of Section 5, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant, Greg Balmes, was present at said hearing, 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.D, as follows:
a. Section 27-7-40.D.1 --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 22-2-120.A (R.Goal 1) states, "Ensure that adequate
services and facilities are currently available or reasonably obtainable
to serve the residential development or district." The proposed lot will
be serviced by the Left Hand Water District, which currently serves
the residential lots within the subdivision. Individual Sewage
Disposal Systems will handle the effluent flow.
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AMENDED PUD FINAL PLAN, AMPF #1045 - BALMES HOMES, LLC DEFINED BENEFIT
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2) The proposed site is not influenced by any Intergovernmental
Agreement or Regional Urbanization Areas.
b. Section 27-7-40.D.2--The uses which will be allowed in the proposed PUD
will conform with the performance standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code. The
subdivision was approved to adhere to the bulk requirements of the
E (Estate) Zone District, with the exception that the residential lot sizes are
an average of 1.8 acres in size, and two horses will be allowed per lot. The
three (3) open space tracts are non-buildable for residential structures or
structures providing habitable space.
c. Section 27-7-40.D.3 -- 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 the 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
Dacono, Towns of Erie and Frederick, and Boulder County. The Towns of
Erie and Frederick and the City of Dacono indicated no conflict, and the
Department of Planning Services did not receive a referral response from
Boulder County. The approval of this Amended PUD Final Plan will have a
minimal impact on the surrounding land uses.
d. Section 27-7-40.D.4 -- 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 residential lots are currently serviced by the Left
Hand Water District. The Left Hand Water District has indicated, in the letter
dated February 17, 2010, that it has the ability to service the vacated lot.
e. Section 27-7-40.D.5 -- 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 Weld County Department of Public Works reviewed this
request, and indicated the Colorado Department of Transportation has
jurisdiction over all access to State Highways, in the referral dated May 14,
2010. The Colorado Department of Transportation indicated, in the email
dated July 1, 2010, that access permit#410001 is in good standing and the
proposed residential house will be fully permitted.
f. Section 27-7-40.D.6 -- 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. The access for Highland Farms PUD was approved by the
Department of Public Works and the Colorado Department of Transportation
in 2005. The Colorado Department of Transportation (CDOT) has approved
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the access to the vacated lot from State Highway 52, per access
permit#410001.
g. Section 27-7-40.D.7 -- 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 Weld County Department of Public Works approved the
Final Drainage Report and construction plans prior to recording the Final Plat
in 2005.
h. Section 27-7-40.D.8 -- 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 Balmes Homes, LLC Defined Benefit Program, Go Greg
and Lisa Balmes, for a Site Specific Development Plan and Amended Planned Unit Development
Final Plan,AmPF#1045,to Vacate Outlot A and add one(1) Common Open Space Outlot(Tract E
—1.53 acres)to the Highland Farms PUD, 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 The Highland
Farms PUD. Any changes requested by the Weld County Attorney's Office
and the Department of Planning Services shall be incorporated.
B. The applicant shall submit finalized copies and the appropriate fee($6.00 for
the first page and $5.00 for each additional page) to the Department of
Planning Services for recording the Restrictive Covenants for The Highland
Farms PUD in the Office of the Clerk and Recorder.
C. The applicant shall submit a deed to the Department of Planning Services for
recording of Tract E (Open Space) to The Highland Farms PUD
Homeowners' Association.
D. The applicant shall address the requirements and concerns of Weld County
School District RE-1J, as stated in the referral response dated April 30,2010.
Evidence of approval shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Colorado
Geological Survey, as stated in the referral response dated May 13, 2010.
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Evidence of approval shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Colorado
Division of Wildlife, as stated in the referral response dated May 17, 2010.
Evidence of approval shall be submitted, in writing, to the Weld County
Department of Planning Services.
G. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
H. The applicant shall make the following changes to the covenants:
1) Strike the last sentence from paragraph one on page 1.
2) Strike 7.2 on page 14, and renumber.
3) Strike "including the Ag Lot" in paragraph 7.8 on page 15.
The applicant shall submit 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 ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable).
J. The Plat shall be amended to include the following:
1) All sheets of the plat shall be labeled AmPF-1045.
2) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code.
3) The plat shall include a utility service block, per Section 27-9-40.B of
the Weld County Code.
4) The Utility Easements shall conform to Section 24-7-60 of the Weld
County Code and shall adhere to the requirements of the Utilities
Coordinating Advisory Committee hearing of February 11, 2010.
5) The applicant shall remove surveyor note#4 from the plat.
6) The Utility, Drainage, and Gas Easements which were dedicated by
PF-1045 should state "dedicated per Reception Number 3316277."
7) The applicant shall remove the signature block for the Department of
Planning Services and replace it with the signature block for the
Board of County Commissioners.
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8) The property owner's certificate shall also include Balmes Homes,
LLC Defined Benefit Program, c/o Greg and Lisa Balmes.
9) Balmes Estate lot should be renamed to "Vacated Lot."
10) The applicant shall submit the landscape plans originally recorded
with the subdivision with the addition of Tract E (Open Space). At a
minimum, Tract E shall be seeded with grass mix approved by the
County.
2. The Final Plat is conditional upon the following, and that each be placed on the Final
Plat as notes prior to recording:
A. The Planned Unit Development shall consist of nine (9) lots with (E) Estate
uses, except that the lot sizes will be a minimum of 1.73 acres in size, two
horses will be allowed per lot, and three (3) non-residential open spaces, as
indicated in the application materials on file in the Department of Planning
Services, and subject and governed by the Conditions of Approval stated
hereon, and all applicable Weld County Regulations.
B. No more than two (2) horses are permitted per lot.
C. The Open Space Lots are non-buildable for residential structures or
structures providing habitable space.
D. Installation of utilities shall comply with Sections 24-9-10 and 27-9-40 of the
Weld County Code and the Utilities Coordinating Advisory Committee
conditions.
E. 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.
F. Water service shall be provided by the Left Hand Water District.
G. 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 Colorado Department of Public Health and Environment, Water
Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit,for more
information.
H. During development of the site, all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
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conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
In accordance with the regulations of the Colorado Air Quality Control
Commission, any development which disturbs more than five (5) acres of
land, must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
J. A Homeowners'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.
K. The Homeowners'Association shall be responsible for replacing all dead or
dying plant material in the open space areas.
L. Weld County's Right to Farm, as delineated on this plat, shall be recognized
at all times.
M. Stop signs and street name signs will be required at all intersections.
N. All signs, including entrance signs, shall require building permits. Signs shall
adhere to Section 23-4-80 of the Weld County Code. These requirements
shall apply to all temporary and permanent signs.
O. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
P. Building permits shall be obtained prior to the construction of any building or
structure. Building permits are also required for signs and structures, such
as bus shelters, if provided.
Q. Activities such as permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the septic absorption field site.
R. A plan review is required for each building. Plans shall bear the wet stamp of
a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit.
S. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, Weld County has
adopted the following: 2006 International Building Code, 2006 International
Residential Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2008 National Electrical Code, and Chapter 29 of the Weld
County Code.
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T. Each building will require an engineered foundation based on a site-specific
Geotechnical Report or an open hole inspection performed by a Colorado
registered professional engineer. Engineered foundations shall be designed
by a Colorado registered professional engineer.
U. Building height,wall and opening protection, and separation of buildings with
mixed uses shall be in accordance with the Building and/or Residential Code
in effect at the time of permit application. Setback and offset distances shall
be determined by the Weld County Code.
V. Building height shall be measured in accordance with the applicable Building
Code for the purpose of determining the maximum building size and height
for various uses and types of construction, and to determine compliance with
the Bulk Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements.
Off-set and setback requirements are measured to the farthest projection
from the building.
W. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
X. 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.
Y. The site shall maintain compliance, at all times,with the requirements of the
Weld County Departments of Public Works, Public Health and Environment
and Planning Services, and adopted Weld County Code and policies.
Z. Outdoor storage shall be screened from adjacent properties and public right-
of-ways.
AA. The site shall maintain compliance with the Mountain View Fire Protection
District, at all times.
BB. Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee Program.
CC. The surface agreement for mineral rights on the site limits the drilling of oil
and gas wells to a specific location, and the applicant has agreed that no
waivers will be signed that allows drilling of wells in any other location.
DD. Section 27-8-70 of the Weld County Code-Failure to Commence a Planned
Unit Development Final Plan - If no construction has begun or no USE
established in the PUD within one (1)year of the date of the approval of the
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PUD Final Plan, the Board of County Commissioners may require the
landowner to appear before the it and present evidence substantiating that
the PUD Final Plan has not been abandoned and that the applicant
possesses the willingness and ability to continue the PUD. The Board may
extend the date for initiation of the PUD construction and shall annually
require the applicant to demonstrate that the PUD has not been abandoned.
If the Board determines that conditions supporting the original approval of the
PUD Final Plan have changed, or that the landowner cannot implement the
PUD Final Plan,the Board may, after a public hearing, revoke the PUD Final
Plan and order the recorded PUD Plan vacated.
EE. 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.
FF. Section 27-8-80.6 of the Weld County Code - Any PUD Zone District
approved in a Final Plan shall be considered as being in compliance with
Chapter 24 of the Weld County Code and Section 30-28-101,et seq.,C.R.S.
GG. No development activity shall commence, nor shall any building permits be
issued on the property, until the Amended Final Plan has been approved and
recorded.
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 Services. 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 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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ' '�'L IJ ` __ '� �QY �,
ougl s Radem cher„C it
Weld County Clerk t. • e
861 i't
"— ara Kirkmeyer, Pr -T em
Deputy Clerk to the - wry jI
�rarN � Sean P o ay c_____9
APP AS C/2Z ---,
Wil 'am F. Ircia
ci --_
unty Attorney e4 C L
David E. Long
0Date of signature: �0
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