HomeMy WebLinkAbout20081360.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1129, FOR EIGHT(8) RESIDENTIAL LOTS WITH E (ESTATE)ZONE
USES, ALONG WITH 7.071 ACRES OF OPEN SPACE -THE HOME RANCH, LLC, C/O
CHRISTOPHER SERBOUSEK
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 14th day of May, 2008, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of The Home Ranch, LLC, 7471
County Road 74, Windsor, Colorado 80550, requesting a Site Specific Development Plan and
Planned Unit Development Final Plan, PF#1129, for eight(8)residential lots with E(Estate)Zone
uses, along with 7.071 acres of open space, for a parcel of land located on the following described
real estate, to-wit:
Lots A and B of Recorded Exemption #4545; being
part of the E1/2 SW1/4 of Section 32, Township 7
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented at said hearing by Christopher Serbousek, 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 Conditions of Approval and
Development Standards ensure that the PUD is consistent with the Weld
County Code.
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.
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1) Section 27-2-40, Bulk requirements—The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District for
the eight(8) residential lots, with the exception that no animal units,
as defined in Section 23-2-90 of the Weld County Code, will be
allowed. Section 27-6-80.6.7 states, "All urban scale development
PUDs containing a residential element shall provide for a
fifteen-percent common open space allocation, unless otherwise
stated in Chapter 26 of this Code." Approximately 20.2 percent of
the site is designated for common open space. Tract A is proposed
to contain a landscaped detention area/picnic area; Tract B is a
landscaped area that will also contain a school bus shelter and PUD
monument sign.
2) Section 27-6-90, Signage — Section 27-2-90.C states, "Signage
within a PUD shall adhere to all requirements in this Chapter and
Chapters 23 and 26 of this Code, if applicable." The application
indicates that the proposed subdivision monument sign will adhere
to the sign standards outlined in the Weld County Code. Subdivision
signs adhere to the size standards of signs for public and
quasi-public uses, which is 32-square feet, per Section 23-4-80 of
the Weld County Code.
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 site is located within three miles of the Towns of
Severance and Windsor, and Larimer County. It is not located within an
Urban Growth Boundary, nor an Intergovernmental Agreement area
boundary. The Town of Severance, in its referral received March 14, 2008,
indicated no conflict with its interests, but encouraged the expansion and
improvement of County Road 74. Larimer County, in its referral received
March 11, 2008, indicated no conflicts with its interests. The proposed PUD
is located west of, and adjacent to, the incorporated limits of the Town of
Windsor, but is not located within the Urban Growth Boundary for the Town
of Windsor. The Town of Windsor, in its referral received April 7, 2008,
indicated the townsite is within Windsor's Growth Management Area and
within the boundaries of the East Side Sanitary Interceptor Plan (ESSIP).
The Town of Windsor Planning Commission recommends denial of this
application, due to inconsistency with the Town of Windsor's land use map
and East Side Sanitary Interceptor Plan, and further recommends that the
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applicant be referred to the Town of Windsor for annexation and
development. The Town of Windsor sewer is presently located
approximately 2.5 miles southeast of this site. The Town of Windsor
indicated that several annexations have recently been approved that could
possibly extend sewer service west of State Highway 257 and further to the
north. However, at this time, the Town cannot commit to specific time
frames or dates when sewer may be available. Because this site is not
located within the Urban Growth Boundary for the Town of Windsor, the
urban growth policies in regards to annexation and compatibility with the
adjacent municipality's Comprehensive Plan, as stated in Section
22-2-110.C of the Weld County Code, do not apply.
d. Section 27-7-40.D.2.d - The PUD Zone District will 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 North Weld County Water District
for potable water and fire protection requirements. One (1) open
space/irrigation tap is proposed to irrigate the open space/landscaped area.
Individual sewer disposal systems will handle the effluent flow. The Weld
County Department of Public Health and Environment indicated, in the
referral received April 7, 2008, that the proposed PUD has satisfied the
requirements of Chapter 27 in the Weld County Code, in regards to water
service. The Department of Public Health and Environment also indicated
that primary and secondary septic system envelopes will not be required.
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
Zone District. The applicant is proposing an interior roadway with 60 feet of
right-of-way for two twelve-foot gravel lanes and two four-foot shoulders.
County Road 74 accesses the site. The Department of Public Works, in the
referral received April 7, 2008, indicates that County Road 74 is a major
arterial road, which requires 140 feet of right-of-way at full buildout. An
additional 40 feet of right-of-way is proposed to be deeded on the final plat.
The Department of Public Works is requiring additional improvements to
County Road 74(a left-turn lane),as well as additional information regarding
the constructability of these road improvements prior to recording the final
plat.
f. Section 27-7-40.D.2.f-An Off-site Road Improvements Agreement and an
On-site Improvements Agreement proposal are in compliance with
Chapter 24 of the Weld County Code, and a Road Improvements
Agreement is complete and has been submitted, if applicable. The applicant
will be required to submit an Improvements Agreement in accordance with
Section 27-6-120.6.f of the Weld County Code for improvements to County
Road 74 and all on-site improvements.
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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 is not located within an overlay district. 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 January 1, 2005, building permits on the 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 - Consistency exists between the proposed Zone
District(s), uses, and the Specific Development Guide. The submitted
Specific Development Guide does accurately reflect the Performance
Standards and allowed uses described in the proposed Zone District, as
described previously.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of The Home Ranch, LLC, do Christopher Serbousek for
a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1129, for
eight(8) residential lots with E (Estate) Zone uses, along with 7.071 acres of open space, 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 that conforms with Section 23-4-80.A 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 response dated May 5, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall provide a letter of understanding from the Lake Lee
Lateral Ditch Company regarding the lowering of the Lake Lee Lateral
crossing under County Road 74, or the installation of a siphon.
D. The applicant shall provide a letter of agreement with the adjacent property
owner to the west (Ochsner) authorizing boring equipment to operate on
that property.
E. The applicant shall address the requirements of the Department of Public
Health and Environment, as stated in the referral received April 7, 2008.
Written evidence of such shall be provided to the Department of Planning
Services.
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F. The applicant shall address the recommendations/requirements of the Weld
County Sheriffs Office, as stated in the referral received March 10, 2008.
Written evidence of such shall be submitted to the Department of Planning
Services.
G. The applicant shall address the requirements of the Department of Planning
Services(Landscape Plan),as stated in the referral received March 6, 2008.
H. The applicant shall submit a draft Improvements Agreement According to
Policy Regarding Collateral for Improvements (Public Road Maintenance).
The Agreement has been reviewed and approved 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.
The agreement and collateral shall be approved and accepted by the Board
of County Commissioners prior to recording the final plat.
The applicant shall submit a draft Improvements Agreement According to
Policy Regarding Collateral for Improvements(Private Road Maintenance).
The Agreement has been reviewed and approved 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.
The agreement and collateral shall be approved and accepted by the Board
of County Commissioners prior to recording the final plat.
J. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for Home Ranch PUD. Also, the following
language should be added into the Covenants:
1) Activities such as permanent landscaping, structures, dirt mounds
or other items are expressly prohibited in the absorption field site.
Any changes requested by the Weld County Attorney's Office shall
be incorporated.
K. 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 Home Ranch
PUD in the Office of the Clerk and Recorder.
L. The applicant shall submit evidence that the Homeowners'Association has
been recorded with the Colorado Secretary of State.
M. The applicant shall submit a finalized Water Service Agreement between the
applicant and the North Weld County Water District for service to the PUD.
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N. The applicant shall submit evidence that the water tap intended to service
the Outlot at the entrance to the PUD has been transferred to the
Homeowners' association.
O. The applicant shall submit a request to a Weld County Building Technician
for lot addresses. The applicant shall address the Weld County Building
Tech referral, dated August 15, 2007, which states that cul-de-sacs running
north and south shall be called "Way", and cul-de-sacs running east and
west shall be called "Place." The street name and lot addresses shall be
submitted to the Mountain View Fire Protection District, the Weld County
Sheriffs Office, and Ambulance provider for review. Written evidence that
the addresses have been reviewed by these agencies shall be submitted to
the Weld County Department of Planning Services.
P. 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 type is .e00. The preferred format for
Images is .tif(Group 4). (Group 6 is not acceptable)
Q. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF-1129.
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' or 1" = 200'.
3) All changes required by the Weld County Utilities Coordinating
Advisory Committee from the April 10, 2008, meeting.
4) "Weld County's Right to Farm,"as provided in Appendix 22-E of the
Weld County Code, shall be placed on any recorded plat.
5) The access on the west side of the property shall be labeled as
"agricultural access."
6) Show drainage easements for all swales.
7) Ensure that the detention pond is inside of a drainage easement.
8) The proposed school bus shelter and monument sign shall be
located on the plat in a manner that satisfies the required minimum
20-foot setback in the E (Estate) Zone District.
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2. The Final Plat is conditional upon the following, and that each shall be placed on the
Final Plat as notes prior to recording:
A. The Final Plat allows for PUD zoning for eight (8) lots with E (Estate) Zone
uses, along with open space,as indicated in the application materials on file,
and subject to, and governed by, the Conditions of Approval stated hereon
and all applicable Weld County regulations.
B. Approval of this plan may create a vested property right pursuant to
Section 23-8-20 of the Weld County Code.
C. Water service shall be obtained from the North Weld County Water District.
D. This PUD 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.
E. 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(1)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.
F. 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.
G. 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.
H. 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.
A cash-in-lieu of land dedication fee, in the amount of$10,931.13, shall be
paid to Weld County School District RE-4 at the time of building permit
submittal. The School District is responsible for collecting this fee.
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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 Weld County Sheriffs Office has limited traffic enforcement powers on
roadways within subdivisions that are not maintained by the County.
L. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
M. The internal roadways of gated communities shall be maintained by the
Homeowners' Association.
N. Weld County's Right to Farm statement, as delineated on this plat, shall be
recognized at all times.
O. Stop signs and street name signs will be required at all intersections.
P. 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.
Q. 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.
R. 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.
S. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
T. A separate building permit shall be obtained prior to the construction of any
structure.
U. A plan review is required for each building for which a building permit is
required. Two complete sets of plans are required when applying for each
building permit. Residential building plans may be required to bear the wet
stamp of a Colorado registered architect or engineer.
V. Buildings 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 Residential Code, 2006 International
Building Code, 2006 International Mechanical Code, 2006 International
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Plumbing Code,2006 International Fuel Gas Code, 2005 National Electrical
Code, and Chapter 29 of the Weld County Code.
W. Each residential 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.
X. Fire resistance of walls and openings,construction requirements, maximum
building height, and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code, this includes setbacks to oil and gas production facilities.
Y. Building permits shall be obtained prior to the construction of any building
or structure. Building permits are also required for signs, entry way and/or
gates, and structures such as bus shelters, if provided.
Z. Activities such as permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the septic absorption field site.
AA. 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. Property lines shall be clearly identified
and all property pins shall be staked prior to the first site inspection.
BB. Prior to release of building permits for residential construction, a letter of
approval from the Windsor-Severance Fire Protection District shall be
provided to the Department of Building Inspection.
CC. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
DD. 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.
EE. 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.
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FF. No development activity shall commence on the property, nor shall any
building permits be issued on the property, until the Final Plan has been
approved and recorded.
GG. Section 27-8-70 of the Weld County Code - Failure to commence a PUD
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 PUD Final Plan, the
Board of County Commissioners 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 continue the PUD. The Board of County Commissioners 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 of County Commissioners 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.
HH. 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.
I I. 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, C.R.S.,
et seq.
JJ. 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).
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4. Prior to Release of Building Permits:
A. A letter of approval from the Windsor-Severance Fire Protection District
shall be provided to the Department of Building Inspection.
5. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
6. Prior to the release of collateral:
A. The applicant shall submit recorded deeds which transfer ownership of the
outlot(s) to the Homeowners' Association.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
q ) a\
IS " WELD COUNTY, COLORADO
ATTEST: j, _{',p / f -21,,� t 2- (-1,..-
"^� 11 Iy51 t : �• •....•�'A illiam H. Jerke, Chair
Weld County Clerk to the ,tar,
CXCUSED
IA
D. lasder3, Pro-Tem
BY: /t?LIJ/1 _��� ' ��� �'
r c , c'
Deputy Clerk o the Board
W m F. Garcia
,O Ej
APPRO A FORM:
David E. Long
Count Attorney k)bui.kcitss ase•+alar%
�y�� Q Douglas Ra emacher
Date of signature: ?—`�`"-
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