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Home My WebLink About20081931.tiff RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1043, FOR SEVEN (7) LOTS WITH E (ESTATE) ZONE USES AND ONE (1) LOT WITH A(AGRICULTURAL) ZONE USES, LAWLEY ESTATES - SHERRY LAWLEY 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 21st day of May, 2008, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Sherry Lawley, 26658 County Road 74, Eaton, Colorado 80615, requesting a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1043,for seven(7)lots with E(Estate)Zone uses and one(1)lot with A(Agricultural)Zone uses- Lawley Estates, for a parcel of land located on the following described real estate, to-wit: Lot B of Recorded Exemption #3581; being part of the SE1/4 of Section 4, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS,pursuant to a letter,dated May 13,2008,the applicant withdrew the application for Planned Unit Development Final Plan, PF#1043, and requested vacation of Change of Zone, PZ #1043, and WHEREAS,on May 21, 2008, the applicant presented additional information regarding the ditch agreement with the Nazarenus Ditch Company, required as a Condition of Approval for PF#1043, at which time the Board deemed it advisable to continue the matter to July 23, 2008, to allow the applicant time to discuss additional options with the Department of Planning Services,and WHEREAS,on July 14, 2008, pursuant to a letter from the applicant, dated June 25, 2008, the Board accepted the request to withdraw the previous request to revoke PZ#1043 and reinstate the application for PF#1043, and scheduled a hearing date for August 6, 2008, at 10:00 a.m., and WHEREAS, at said hearing on August 6, 2008, the applicant was present, 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 recommendation of the Weld County Department of Planning Services, 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. 2008-1931 PL1765 60 ; P, ,©i-g /*czr) fl-PPc vt iac>7.w 8/ PUD FINAL PLAN, PF #1043 - SHERRY LAWLEY PAGE 2 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 Chapters 19, 22, 23, 24, and 26 of the Weld County Code. 1) The application proposes non-urban scale development, as defined by Section 27-2-140 of the Weld County Code, which states, "...developments comprising of nine (9) or fewer residential lots, located in a non-urban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries, or urban growth corridors." 2) Section 22-3-50.6.1 (P.Goal 2) states, "Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of the County." The homes will be serviced by the North Weld County Water District and individual septic disposal systems. The Weld County Department of Public Health and Environment previously indicated,at the Change of Zone phase, that the proposal does meet current Department of Public Health and Environment policies and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer. 3) The proposed site is not influenced by any Intergovernmental Agreements or the Mixed Use Development area. 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. The applicant has met the thirty Performance Standards, as delineated in Section 27-2-10 of the Weld County Code, regarding access, buffering and screening, bulk requirements, circulation, etcetera. The applicant has submitted Improvements Agreements for on-site and off-site improvements,which are acceptable to the Weld County Department of Public Works, conditional upon addressing the changes requested in the memo dated July 24, 2006. Additional Conditions of Approval require the applicant to amend the Agreement to include postal boxes. The Improvements Agreements will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. 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 and no jurisdictions lie within the three-mile referral area. There are no other rural subdivisions existing or proposed nearby; the closest is over a mile away, and the region has very few. The proposed design, 2008-1931 PL1765 PUD FINAL PLAN, PF #1043 - SHERRY LAWLEY PAGE 3 including placement of the lots away from the road and responding to the presence of the ditch, ensures compatibility with the area. 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 homes will be serviced by the North Weld County Water District and individual septic systems. The Weld County Department of Public Health and Environment previously indicated, at the Change of Zone phase, that the proposal meets current Department of Public Health and Environment policies and the application has satisfied Chapter 27 of the Weld County Code, in regard to water and sewer. 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. In a referral dated November 1, 2004, the Weld County Department of Public Works indicated this development will introduce seventy-six (76) additional vehicle trips, per day, to the roadway system. This increased level of traffic on unpaved roads creates fugitive dust and surface maintenance problems. The Department of Public Works has required the applicant to enter into an agreement with the County to proportionately share the cost of paving. The cost will be based on a proportion of the traffic generated by the development to existing (background) traffic on County Road 55, between State Highway 392 and County Road 74, which connects to paved roadways. 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. The Conditions of Approval ensure the applicant will complete an on-site (Private) Improvements Agreement which addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code, prior to recording the final plat. 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 Conditions of Approval ensure soil conditions will be considered when placing structures or Individual Sewage Disposal Systems. The site is not located within an overlay district, furthermore, no viable commercial mineral deposits are located within the site, as stated by the Colorado Geologic Survey. 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 proposed lots will be required to adhere to the 2008-1931 PL1765 PUD FINAL PLAN, PF #1043 - SHERRY LAWLEY PAGE 4 fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. h. Section 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible with the criteria listed in the Developmental Guide. The proposed design, including placement of the lots away from the road and responding to the presence of the ditch, ensures compatibility with the area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Sherry Lawley for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1043, for seven (7) lots with E (Estate)Zone uses and one(1)lot with A(Agricultural)Zone uses-Lawley Estates, 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 amend the Improvements Agreement According to Policy Regarding Collateral for Improvements to include postal boxes. A revised Improvements Agreement for Public Road Maintenance shall be submitted, reflecting the changes indicated by the Department of Public Works in the referral dated July 24, 2006. This agreement shall be reviewed by County staff and accepted by the Board of County Commissioners. B. The Restrictive Covenants shall be amended as follows: 1) Weld County will not maintain drainage facilities, detention ponds, landscaping, or open spaces. It shall be clarified in the Covenants what the Common Elements are and that the Homeowners' Association is responsible for maintenance of these common elements. 2) Within the legal description (Exhibit A), the Covenants shall reference the final plat name, along with a space to include the recording information of the final plat. 3) Section 2.4 shall be revised to reflect eight (8) lots within the development, not 35. C. The applicant shall submit, to the Department of Planning Services, the appropriate fee ($6.00 for the first page and $5.00 for all others) to record the Restrictive Covenants in the Office of the Clerk and Recorder. D. The applicant shall submit written evidence to the Department of Planning Services indicating that all Weld County Department of Public Works concerns have been addressed, including those regarding the construction drawings and the Drainage Report. 2008-1931 PL1765 PUD FINAL PLAN, PF#1043 - SHERRY LAWLEY PAGE 5 E. The applicant shall submit evidence to the Department of Planning Services that the required School District cash-in-lieu of land dedication fee has been paid. F. The applicant shall submit Certificates from the Secretary of State indicating the Homeowners' Association has been formed and registered with the State. G. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant and the North Weld County Water District for service to the PUD. H. The applicant shall submit evidence that the appropriate postal district and emergency providers have reviewed the proposed addressing and interior street name. 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 applicant shall submit documentation addressing how they shall adhere to federal requirements regarding Burrowing Owls, as indicated by the Colorado Division of Wildlife in the referral dated July 24, 2006. K. The Plat shall be amended to include the following: 1) The title on the plat shall be shown as Lawley Estates PUD PF-1043. 2) Utility plans shall be added to the plat, as required by Sections 27-9-30 and 27-9-40 of the Weld County Code. 3) A Utility Service Statement Block, as required by Section 27-9-40.B of the Weld County Code, shall be included. The block shall be signed by the following utility providers: North Weld County Water District, Xcel Energy, Poudre Valley REA, and Qwest. 4) The Planning Commission and Board of County Commissioners Certificates shall be removed from the plat and the Planning Department and Dedication, Ownership, and Maintenance Certificates added. The Property Owner's and Surveyor's Certificates shall be corrected to conform to those found in Appendix 24-F of the Weld County Code, as required by Section 27-9-20.M. 5) As required by the Weld County Utilities Coordinating Advisory Committee, the plat shall delineate a twenty (20) foot utility easement along all sides of Lots 4, and the ditch easement within 2008-1931 PL1765 PUD FINAL PLAN, PF #1043 - SHERRY LAWLEY PAGE 6 Lot 4. The fifteen (15) foot easement shown at the south property lines of Lots 1 and 8 shall be extended through Tract A. 6) Weld County's "Right to Farm" statement, as provided in Appendix 22-E of the Weld County Code, shall be delineated on the plat. 7) The proposed pedestrian shelter shall be located outside of utility easements and shall meet the required twenty (20) foot setback from road rights-of-way. 8) Off-site Lot A of Recorded Exemption#3581 shall be labeled "not a part." 9) The Zoning Data indicated on Sheet 2 shall be corrected showing only "Existing Zoning - PUD." 10) Lawley Lane will not be maintained by Weld County because it will not be paved; however, the right-of-way must be dedicated to the public. Dedication of rights-of-way and easement language shall be contained in the plat certificates. 11) Tract A is not dimensioned and does not match the geometry of the construction plans. The final plat and construction plans shall be coordinated and Tract A dimensioned. 12) The oil and gas well easements shall be located by dimension from the property boundary. 13) There are 120-foot and 170-foot easements shown for the Nazarenus Lateral. If created by a separate agreement, the documentation creating the easements shall be shown on the record plat. If they are to be established by the recording of this plat, dedication language shall be contained in the plat certificates. 14) A School Loading Area (Pedestrian Shelter) is called for in the construction plans and shown in the right-of-way. The shelter shall be located outside the right-of-way on an outlot tract, and setback/offset allowances shall be called out. The tract shall be shown and dimensioned on the final recorded plat. 15) Additional drainage easements shall be provided on County Road 72 and Lawley Lane, in conjunction with ditches shown in the construction plans. 2008-1931 PL1765 PUD FINAL PLAN, PF #1043 - SHERRY LAWLEY PAGE 7 2. The Final Plan is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development (PUD) shall consist of seven (7) lots with E (Estate) Zone uses and one (1) lot with A (Agricultural) Zone uses, as indicated in the application materials on file. The PUD will be subject to,and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. B. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity. C. 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. Open space restrictions are permanent. D. Water service shall be obtained from the North Weld County Water District. E. This PUD 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. Septic systems shall be designed for site-specific conditions including, but not limited to, shallow groundwater, bedrock, gravel, and/or clay. F. 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. G. 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. H. 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. 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 2008-1931 PL1765 PUD FINAL PLAN, PF #1043 - SHERRY LAWLEY PAGE 8 apply for a permit from the Colorado Department of Public Health and Environment. J. If Burrowing Owls, a Federally-protected species, are confirmed to be present on the site, grading and construction activity shall take place between November 1st and March 14th, or monitored as indicated by the Colorado Division of Wildlife in the referral dated July 24, 2006. K. A separate building permit shall be obtained prior to the construction of any building. L. A plan review is required for each building. Plans may be required to bear the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are required when applying for each permit. M. Buildings shall conform to the requirements of the Codes adopted by Weld County at the time of permit application. Currently, the following Codes have been adopted by Weld County: 2006 International Residential Code, 2006 International Building Code,2006 International Mechanical Code,2006 International Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code. N. 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. O. 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. P. Building height shall be measured in accordance with the applicable Building Code (currently the 2006 International 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. Q. The applicant shall provide a letter of approval from the Galeton Fire Protection District prior to new residential construction. R. Coal beds in the Laramie Formation may de-gas over time if they are penetrated and exposed by a house foundation. Venting systems shall be 2008-1931 PL1765 PUD FINAL PLAN, PF #1043 - SHERRY LAWLEY PAGE 9 built into all of the foundations to account for all potential radiation and coal-gas exposures, or an engineer will be required to monitor foundation excavations. If coal is not encountered, venting may not be needed. Should the homeowner not build a venting system, a letter from a professional engineer shall be submitted to the Department of Building Inspection indicating that coal was not encountered and the venting is not necessary. S. All signs, including entrance signs, shall require building permits. Signs shall adhere to Section 23-4-60 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. T. The Weld County Sheriffs Office has limited traffic enforcement powers on subdivision roadways which are not adopted or maintained by the County. U. 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. V. Effective August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. W. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. X. Potential purchasers are hereby notified that numerous Confined Animal Feeding Operations are located in the area. Off-site impacts that may be encountered include noise from trucks, tractors, and equipment; dust from animal pens; and odors from animal confinement, silage, and manure. Y. 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. Z. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. AA. 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. BB. 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. CC. Section 27-8-50 of the Weld County Code-Failure to Submit a Planned Unit Development Final Plan -- If a PUD Final Plan application is not submitted 2008-1931 PL1765 PUD FINAL PLAN, PF#1043 - SHERRY LAWLEY PAGE 10 within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submittal of the PUD Final Plan. The Board of County Commissioners may extend the date for the submittal of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions or statements made supporting the original approval of the PUD Zone District have changed, or that the landowner cannot implement the PUD Final Plan, the Board may, at a public meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. 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 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.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. 2008-1931 PL1765 PUD FINAL PLAN, PF #1043 - SHERRY LAWLEY PAGE 11 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of August, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: liam H. Jerke, Chair Weld County Clerk to the c .- . Robert D. M sden, Pro-Tem BY: Deputy Clerk (the board ills F. Garcia t4 APP • David E. Long y A torney Douglas Date of signature: ilAcAr 2008-1931 PL1765 Hello