HomeMy WebLinkAbout20082726.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1048, FOR EIGHT (8) LOTS WITH E (ESTATE) ZONE USES
(24.1 ACRES)AND THREE(3)NON-RESIDENTIAL OUTLOTS(18.9 ACRES)FOR OPEN
SPACE, MOOREA MANOR NORTH - WELD 45 ACRE, 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 5th day of November, 2008, at 10:00 a.m. in
the Chambers of the Board for the purpose of hearing the application of Weld 45 Acre, LLC,
9202 South Rockport Lane, Highland Ranch, Colorado 80126, requesting a Site Specific
Development Plan and Planned Unit Development Final Plan, PF #1048, for eight (8) lots with E
(Estate)Zone uses(24.1 acres)and three(3)non-residential outlots(18.9 acres)for open space-
Moorea Manor North, for a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption #2812; being part of
the S1/2 NW1/4 of Section 2, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented at said hearing by Lee Petrides, 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.2.a - The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23(Zoning), Chapter 24(Subdivision), and Chapter 26(Mixed Use
Development) of the Weld County Code. The proposed site is not
influenced by an Intergovernmental Agreement. The proposal is consistent
with the aforementioned documents as follows:
1) Section 22-2-60.C (A.Goal 3) states, "Provide mechanism for the
division of land which is agriculturally zoned. Options for division
shall be provided to ensure the continuation of agricultural
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production and accommodate low intensity development.
Urban-scale residential,commercial,and industrial development will
be discouraged in areas where adequate services and infrastructure
are not currently available or reasonably obtainable." The applicant
is proposing an urban scale residential development of eight(8)lots
with (E) Estate Zone District uses on approximately 45 acres.
Section 27-2-140 of the Weld County Code states that a nonurban
scale development is comprised of nine(9)or fewer residential lots,
located in a nonurban area, as defined in Chapter 22 of the Weld
County Code, not adjacent to other PUDs, subdivisions, municipal
boundaries, or urban growth corridors. Moorea Manor Minor
Subdivision (MF-609) is located to the south of this proposal and
was approved by the Board of County Commissioners on April 30,
2003. The minimum lot size of 2.1 acres, with an overall density of
one septic system per 5.6 acres, does meet the current policy of the
Department of Public Health and Environment.
2) Section 22-2-60.C(A.Goal 3)states,"Conversion of agricultural land
to urban scale residential, commercial, and industrial uses will be
considered when the subject site is located inside an approved
Intergovernmental Agreement area, Urban Growth Boundary area,
1-25 Mixed Use Development area, or Urban Development Node, or
where adequate services are currently available or reasonably
obtainable." The site is not located within an Intergovernmental
Agreement area, an Urban Growth Boundary area, the 1-25 Mixed
Use Development area, or an Urban Development Node. The site
is located within three miles of the Towns of Platteville, Firestone,
and Frederick. The proposed PUD will be serviced by the Central
Weld County Water District for potable water and fire protection
requirements. Individual Sewage Disposal Systems (I.S.D.S.) will
handle the effluent flow. The surrounding property is primarily
agricultural in nature to the west, north, and east. Moorea Manor
Minor Subdivision, recorded June 26, 2003, is located directly to the
south of the site. Moorea Manor North and Moorea Manor are
proposing to utilize the same access, Harpenden Lane. The majority
of the property is level and consists of long grass.
3) Section 22-2-210.D.2 (PUD.Policy 4.2) states, "A Planned Unit
Development which includes a residential use should provide
common open space free of buildings,streets,driveways,or parking
areas. The common open space should be designed and located to
be easily accessible to all the residents of the project and usable for
open space and recreation. Some Planned Unit Developments may
not require common open space depending on their type, density,
or other factors." The amended proposal includes 18.9 acres of
open space which is located in the area of the oil and gas operations
on the site and at the entrance to the site to address drainage
issues.
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4) Section 22-2-210.D.3 (PUD.Policy 4.3) states, "Conservation of
natural site features such as topography, vegetation, and water
courses should be considered in the project design." The site is
primarily level, with the Lupton Meadow Ditch running north-south
towards the west side of the lot.
5) Section 22-2-210.F.1 (PUD.Policy 6.1) states, "The development
should provide for perpetual maintenance of all commonly shared
land and facilities. The County shall not bear the expense or
responsibility of maintenance for any commonly shared land or
facilities within the Planned Unit Development." The Conditions of
Approval and Development Standards ensure that any future work
required to maintain the open space and trail system shall be at the
expense of the Homeowners' Association.
b. Section 27-7-40.D.2.b-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.
1) Section 27-2-20, Access standards - The applicant is proposing to
utilize the existing access, Harpenden Lane,for Moorea Manor. The
applicant is proposing pavement for the internal roads, Harpenden
Lane and Harpenden Court.
2) Section 27-2-40, Bulk requirements - The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District.
3) The applicant has met the remaining Performance Standards, as
delineated in Section 27-2-10 of the Weld County Code. The
Conditions of Approval and Development Standards 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 located within an Intergovernmental
Agreement area. The proposed site is located within the three-mile referral
areas for the Towns of Firestone, Frederick, and Platteville. No referrals
were received from the Towns of Firestone or Frederick, and the Town of
Platteville indicated no conflict with its interests.
d. Section 27-7-40.D.2.d - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County Code.
The proposed PUD will be serviced by the Central Weld County Water
District for potable water and fire protection requirements, and Individual
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Sewage Disposal Systems will handle the effluent flow. The Weld County
Attorney's Office has indicated that the agreements submitted by the
applicant were adequate at the time of the Change of Zone. The Weld
County Department of Public Health and Environment has indicated, in a
referral response dated January 12, 2007, that the application has satisfied
Chapter 27 of the Weld County Code in regard to water and sewer service.
e. Section 27-7-40.D.2.e - 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
(Planned Unit Development)Zone District. The Department of Public Works
has indicated that off-site improvements will not be required.
f. Section 27-7-40.D.2.f-An Off-site Road Improvements Agreement and an
On-site Improvements Agreement proposal is in compliance with Chapter 24
of the Weld County Code, and a Road Improvements Agreement is
complete and has been submitted, if applicable. The Department of
Planning Services is requiring an Improvements Agreement, in accordance
with Section 27-6-120.6.f of the Weld County Code, for on-site
improvements to Moorea Manor North PUD. The Weld County Department
of Public Works has reviewed the proposal and has determined that the
internal roadway appears adequate for the proposed PUD and matches
Weld County's local road section. Stop signs and street names will be
required at all intersections.
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 site does not lie within any overlay districts and no
commercial mineral deposits have been noted. The Weld County
Department of Public Works stated, in the referral dated May 19, 2008, that
the Final Drainage Report shall be completed by a Colorado licensed
professional engineer and shall include all of the required items outlined in
the referral from the Department of Public Works. 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.
Effective August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee Programs.
h. Section 27-7-40.D.2.h - The submitted Specific Development Guide does
accurately reflect the Performance Standards and allowed uses described
in the proposed zone district, as described previously.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Weld 45 Acre, LLC, for a Site Specific Development Plan
and Planned Unit Development Final Plan, PF#1048, for eight(8) lots with E (Estate) Zone uses
(24.1 acres) and three (3) non-residential outlots (18.9 acres) for open space - Moorea Manor
North, on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the Final Plat:
A. The applicant shall provide the Department of Planning Services with a Sign
Plan which conforms with Chapter 23, Article IV, Division 2, of the Weld
County Code.
B. The applicant shall address the concerns and comments of the Department
of Public Works, as stated in the referral responses dated December 2,
2006, January 2, 2007, May 19, 2008, and October 13, 2008. Evidence of
such shall be submitted, in writing, to the Department of Planning Services.
C. The applicant shall provide written evidence to the Department of Planning
Services, from all applicable service agencies, including the Platteville/
Gilcrest Fire Protection District,the Weld County Sheriffs Office,Ambulance
provider, and the Post Office, that the proposed road name is in compliance
with their identification/naming protocol.
D. The applicant shall address the concerns and comments of the Weld County
Department of Building Inspection, as stated in the referral responses dated
January 5, 2007, and October 13, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
E. The applicant shall address the concerns and comments of the Weld County
Department of Public Health and Environment, as stated in the referral
responses dated January 12, 2007, and October 14, 2008. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
F. The applicant shall submit a revised Improvements Agreement According
to Policy Regarding Collateral for Improvements (Private). The Agreement
will be reviewed by the Departments of Planning Services and Public Works.
The applicant shall submit a signed copy of the Improvements Agreement,
along with the appropriate collateral once approved by staff. The agreement
and collateral shall then be approved and accepted by the Board of County
Commissioners.
G. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for Moorea Manor North PUD. Any changes
requested by the Weld County Attorney's Office shall be incorporated.
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Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
H. 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 to record the Restrictive Covenants for Moorea Manor
North in the Office of the Clerk and Recorder.
The applicant shall submit evidence that the Homeowners'Association has
been recorded with the Secretary of the State.
J. The applicant shall submit recorded evidence that the three non-residential
outlots have been deeded to the Moorea Manor North Homeowners'
Association.
K. The applicant shall submit a request to a Weld County Building Technician
to verify the lot addresses. Written evidence of approval shall be submitted
to the Weld County Department of Planning Services.
L. The applicant shall submit a recorded agreement for joint maintenance and
use for the shared entry access drive to the Department of Planning
Services. The Reception Number shall be referenced on the Final plat.
M. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF-1048.
2) The applicant shall adhere to the plat requirements in preparation of
the Final plat. The vicinity map shall be delineated at a scale of
1"=2,000'and the Site Plan shall be delineated at a scale of 1"=100'.
3) All changes required by the Weld County Utilities Coordinating
Advisory Committee, as outlined in the meeting notes from
January 11, 2007.
4) The 20-foot utility and irrigation easement along the northern portion
of the property shall be for the entire length of the property.
5) The 20-foot utility easement on Lot 7 shall follow the perimeter of the
property only.
6) The location of the shelter at the entrance to the facility shall be
placed closer to the road right-of-way, or the applicant shall provide
written evidence from the School District that it has approved the
proposed location.
7) The 30-foot emergency access along the northern portion of the
property shall be located entirely on this property or evidence of a
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recorded easement to access across the property to the north shall
be provided.
8) The 30-foot emergency access circle around the existing oil and gas
facility shall be constructed by the applicant.
9) The minimum font requirement for Weld County is 8 point. The
applicant shall verify that all notes on the plat meet this requirement.
10) County Road 21.5 is a major arterial road and requires 140 feet of
right-of-way at full buildout. A total of 70 feet from the centerline of
County Road 21.5 shall be delineated as future right-of-way. The
future right-of-way shall be incorporated into the design.
11) Weld County's Right to Farm Statement, as provided in
Appendix 22-E of the Weld County Code, shall be placed on any
recorded plat.
12) Stop signs and street name signs will be required at all intersections.
13.) The recording number for the shared access(Harpenden Lane)shall
be delineated on the plat.
2. The Final Plan is conditional upon the following and that each shall be placed on the
Final plat as notes prior to recording:
A. The Final Plan allows for a PUD(Moorea Manor North)for eight(8)lots with
(E) Estate Zone District uses (24.1 acres) and three (3) non-residential
outlots(18.9 acres)subject to, and governed by,the Conditions of Approval
stated hereon and all applicable Weld County regulations.
B. Water service shall be obtained from the Central Weld County Water
District.
C. 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.
D. If required, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
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E. 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.
F. 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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
G. 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.
H. Septic envelopes which are recorded on the final plat become legally
designated easement areas for placement of a septic system in the future.
If, after the result of the percolation test, the envelope is not large enough,
or if an envelope is being moved, the applicant must provide the Weld
County Department of Public Health and Environment with an Affidavit of
Correction that has been recorded with the Weld County Clerk and
Recorder's Office. An envelope cannot arbitrarily be moved. The applicant
shall contact Weld County Department of Public Health and Environment for
further directions.
I. The Homeowners'Association shall be responsible for replacing all dead or
dying plant material in the open space areas.
J. Weld County's Right to Farm Statement,Appendix 22-E of the Weld County
Code, as delineated on this plat, shall be recognized at all times.
K. All signs, including entrance signs, shall require building permits. Signs
shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
These requirements shall apply to all temporary and permanent signs.
L. Installation of utilities shall comply with Sections 24-9-10 and 24-7-60 of the
Weld County Code.
M. 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.
N. Activities such as permanent landscaping, structures, dirt mounds, or other
items are expressly prohibited in the primary and secondary septic
absorption field site.
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O. 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.
P. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application.
Q. Each building will require an engineered foundation based on a site-specific
Geotechnical Report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a
Colorado registered engineer.
R. 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.
S. Prior to the issuance of building permits, a sign-off from the Platteville/
Gilcrest Fire Protection District shall be submitted to the Department of
Building Inspection.
T. 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. Offset and setback requirements are measured to the
farthest projection from the building.
U. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
V. 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.
W. 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.
X. 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.
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Y. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
Z. No residential building permits shall be issued for Outlots A, B, and C.
AA. 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.
BB. Section 27-8-80.B 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.
CC. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Final plat map shall be submitted to the Department of Planning Services for
recording within thirty(30)days of approval by the Board of County Commissioners.
With the Final plat map, 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 .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).
4. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: "tea ( C /1‘,:) ./n/
William H. Jerke, Chair
Wel County Clerk to the Bo -
9EXCUSED
�,11 ` , .Ro ert D. den Pro-Tem
BY:
Deput Clerk the Board
Will F. Garcia
AP VEDA M: E
David E. Long
ounty Attorney m
Dougla ademach r
Date of signature: I-3 I(k
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