HomeMy WebLinkAbout20082278.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEV P T
FINAL PLAN,PF#1130,FOR SIX(6)RESIDENTIAL LOT WITH E(ESTAT ZO
USES,EXCEPT FOR THE ALLOWANCE OF AUXILIAR T , DEFI B
SECTION 23-1-90 OF THE WELD COUNTY CODE,AND UTLOT- ND
VICKY MACKEY/BRYON AND JAMIE MACKEY
WHEREAS,the Board of County Commissioner f Weld County,Color o,pursuant to
Colorado statute and the Weld County Home Rul h r, is vested with th authority of
administering the affairs of Weld County,Colorado d
WHEREAS,a public hearing was Id on the 10th day of Sep mb ,2008,at 10:00 a.m.
in the Chambers of the Board for the purp e of hearing the application ary and Vicky Mackey,
and Bryon and Jamie Mackey,6804 Aar Drive,Fort Collins,Colora 0524,requesting a Site
Specific Development Plan and Plann Unit Development Final Ian,PF#1130,for six(6)
Residential lots with E(Estate)Zone es,except for the alto ce of Auxiliary Quarters,as
defined by Section 23-1-90 of the Weld ounty Code,and an tl ,for a parcel'of land located
on the following described real estate,t-wit:
Lot of Recorde Exemption#4589,and of A of
Re ded Exempts #2792;both being rt of the
N 1/4 of Section Township 7 North ange 65
W st of the 6th P eld County,Co rado
WHE AS,the pplic was presen at he g,and
WH EAS,Se n 27-7-40 of the W Id County Code provides standards for review of a
Planned it Development Final Plan,and
EREAS,the Board of County mmissioners heard all the testimony and statements
of thos resent,studied the request of t applicant and the recommendations of the Weld County
Plann' g Commissio and,having n fully informed,finds that this request shall be approved
for following reas ns:
1. The pplicant has com lied with all the application requirements listed in
f n 27-7-30 of the Id County Code.
The re st is in conf mance with Section 27-7-40.D as follows:
a. Secti 27-6 20.D.5.a - The proposal is consistent with any
Intergove tal Agreement in effect influencing the PUD,and Chapter 19
(Coo ' d Planning Agreements),Chapter 22(Comprehensive Plan),
apter 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.
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PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY/ BRYON AND JAMIE MACKEY
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b. Section 27-6-120.D.5.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 27-2-40, Bulk requirements - The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District for
six(6)residential lots,except for the allowance of Auxiliary Quarters,
as defined by Section 23 -1-90 of the Weld County Code.
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."
3) 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. Further,the sign shall be
on Outlot A, on lands owned by the Homeowners' Association.
4) 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 27-6-120.D.5.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 within the three-mile referral area for
the Towns of Ault and Pierce, and in the referrals dated June 10, 2008, and
June 24, 2008, respectively, both towns indicated no conflict with the
proposal.
d. Section 27-6-120.D.5.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 North Weld County Water District
for potable water and fire protection requirements. The Weld County
Department of Public Health and Environment indicated, in the referral
received July 10,2008,that the proposed PUD had not satisfied Chapter 27,
of the Weld County Code, in regards to water service; however, a
subsequent E-mail, received August 15, 2008, indicates that the PUD has
now satisfied Chapter 27 of the Weld County Code in regards to water
service. The Department of Public Health and Environment also indicated
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that primary and secondary septic system envelopes will not be required,
except on Lots 3 and 5.
e. Section 27-6-120.D.5.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 12-foot paved lanes and two 4-foot shoulders. County
Road 37 is classified as a local paved road, as stated in the Change of Zone
referral dated May 16, 2007, from the Weld County Department of Public
Works.
f. Section 27-6-120.D.5.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 will be submitted, if applicable. The Conditions of Approval
ensure that the applicant will complete an On-site (Private) Improvements
Agreement that addresses all improvements associated with this
development, per compliance with Section 24-9-10 of the Weld County
Code prior to recording the Final Plan. The Improvements Agreement will
require the construction of an internal road which will be dedicated to the
County, but maintained by the Homeowners' Association
g. Section 27-6-120.D.5.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. Effective January 1, 2003, building permits issued on the
proposed lots will be required to adhere to the fee structure of the Weld
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.
The site is located within the Flood Hazard Overlay District, as delineated
on the FIRM Community Panel Map 080266 0480C. The location of the
floodway within the designated floodplain has not been determined, and,
instead of locating the precise location of the floodway, the applicant has
chosen to designate the entire floodplain as a No-build Zone.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District uses and the Specific Development Guide,which accurately reflects
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 Gary and Vicky Mackey, and Bryon and Jamie Mackey
for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1130,for Site
Specific Development Plan and Planned Unit Development Final Plan, PF #1130, for six (6)
Residential lots with E (Estate) Zone uses, except for the allowance of Auxiliary Quarters, as
defined by Section 23-1-90 of the Weld County Code, and an Outlot, 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 July 9, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall address the requirements of the Department of Public
Health and Environment, as stated in the referral dated July 8, 2008.
Written evidence of such shall be provided to the Department of Planning
Services.
D. The applicant shall address the recommendations and requirements of the
City of Thornton, as stated in the referral received June 24, 2008. Written
evidence of such shall be submitted to the Department of Planning Services.
E. The applicant shall address the requirements of the Department of Planning
Services, as stated in the Landscape Plan referral received June 16, 2008.
F. 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.
G. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for Mackey Circle PUD. Further,the applicant shall
resubmit these documents for review and approval by the County Attorney's
Office. Written evidence of compliance shall be forwarded to the
Department of Planning Services.
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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 for recording the Restrictive Covenants for Mackey Circle
PUD 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 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)
K. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF-1130.
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 feet, and the Site Plan shall be delineated at a scale of
1"=100 feet or 1"=200 feet.
3) All changes required by the Weld County Utilities Coordinating
Advisory Committee from the meeting on August 14, 2008.
4) "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.
5) Primary and secondary septic envelopes shall be placed on Lots 3
and 5. All septic system envelopes must meet all setbacks.
6) The proposed 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 and on lands owned by the Homeowners'
Association.
7) Building envelopes required on Lots 3, 4, and 5 shall be on the west
side of the floodplain only, and labeled as such.
8) The Outlot for the placement of the Development's sign.
2. The Final Plan is conditional upon the following and that each shall be placed on the
Final Plat as notes prior to recording:
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A. The Final Plan allows for PUD zoning for six(6)residential lots. The lots will
adhere to the uses allowed in the E (Estate) Zone District, except for the
allowance of Auxiliary Quarters, as defined by Section 23-1-90 of the Weld
County Code. The PUD will be 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. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
D. 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.
E. Water service shall be obtained from the North Weld County Water District.
F. This subdivision 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.
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 (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.
H. 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.
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.
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J. 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.
K. Weld County will not be responsible for the maintenance of roadway and
appurtenant improvements, including storm drainage related facilities.
L. A separate building permit shall be obtained prior to the construction of any
building or structure, including any future entry way and/or gates.
M. A plan review is required for each building for which a building permit is
required. Residential building plans may be required to bear the wet stamp
of a Colorado registered architect or engineer.
N. 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 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.
O. 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.
P. 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.
Q. 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.
R. Prior to the release of building permits, the applicant shall submit evidence
of approval by the Ault Fire Protection District to the Weld County
Department of Building Inspection.
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S. 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.
T. 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.
U. 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.
V. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
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 comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
Z. No development activity shall commence, nor shall any building permits be
issued on the property, until the Final Plan has been approved and
recorded.
AA. The applicant shall comply with Section 27-8-50 of the Weld County Code,
as follows: Failure to submit a Planned Unit Development Final Plan - If a
PUD Final Plan application is not submitted 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
submission of the PUD Final Plan. The Board may extend the date for the
submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the
Board 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 of County
Commissioners may, at a public hearing, revoke the PUD Zone District and
order the recorded PUD Zone District reverted to the original Zone District.
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BB. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
CC. "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.
DD. 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.
EE. 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.
FF. 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.
GG. 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.
HH. 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,
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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 Release of Building Permits:
A. A letter of approval from the Ault 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 to the Homeowners' Association.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: ,te ��'/�� `"-;•41-1.--‹
""� H. Jerke, Chair
Weld County Clerk to the Boa 186
Uan , ya ert Mas. , ro-Tem
De u Clerk the Board
Wil a Garcia
E
APP AS TO J
David E. Long
unty Attorney
ougla ademac er
Date of signature: t 0/a tog
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