HomeMy WebLinkAbout20070453.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT
DEVELOPMENT FINAL PLAN, AMPF #632, TO RELOCATE AN EXISTING
RESIDENTIAL LOT (LOT 13) AND RECONFIGURE EXISTING OPEN SPACE FOR
COTTONWOOD FALLS PUD - GKD, LLC, C/O GARY DEJOHN
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 28th day of February,2007,at 10:00 a.m.for
the purpose of hearing the application of GKD, LLC,do Gary Dejohn, 1860 23rd Avenue,Greeley,
Colorado 80631, requesting a Site Specific Development Plan and Amended Planned Unit
Development(PUD)Final Plan,AMPF#632, to relocate an existing residential lot(Lot 13)and to
reconfigure existing open space for the Cottonwood Falls PUD,for a parcel of land located on the
following described real estate, to-wit:
Part of the E1/2 of Section 34,and part of the W1/2 of
Section 35, all in Township 5 North, Range 63 West
of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present at said hearing, and
WHEREAS,Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission,and,having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
a. Section 27-7-40.D.2.a--The proposal is consistent with Chapters 19,22,23,
24,and 26 of the Weld County Code and any Intergovernmental Agreement
in effect influencing the PUD. The proposed Amended PUD Final Plan is
consistent with all the applicable Chapters of the Weld County Code. This
amendment will not change the amount of open space and lot sizes will
remain unchanged.
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 proposal
does not affect the Performance Standards and/or the Development
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AMENDED PUD FINAL PLAN, AMPF #632 - GKD, LLC, C/O GARY DEJOHN
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Standards for the Cottonwood Falls PUD Final Plat, recorded on
November 20, 2003.
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. This PUD is located outside of any Intergovernmental
Agreement(IGA)boundary and outside of any three-mile municipal referral
areas. No letters of objection have been received from surrounding property
owners.
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. Cottonwood Falls PUD is currently served by three
wells(Permit#242268,#35062-F and#35063-F),along with individual septic
systems. The applicant is required to demonstrate that the wells are in
compliance with the Colorado Division of Water Resources well
requirements,and demonstrate that the PUD is in compliance with Colorado
Primary Drinking Water Regulations, as Conditions of Approval for this
amendment.
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 proposal does not affect transportation infrastructure or
rights-of-way.
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 proposal does not affect transportation infrastructure or
rights-of-way.
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. Issues regarding commercial mineral deposits and soil
conditions were addressed during the original Final Plan, PF-632, for
Cottonwood Falls PUD. The Department of Public Works, in the referral
dated February 12, 2007, determined that the PUD is located within the
floodplain and that pre-build and post-build site survey and elevation
certificates would be required when the existing residence on Lot 13 is
relocated. Effective January 1, 2003, building permits issued on the
proposed lots will be required to adhere to the fee structure of the
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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.
h. Section 27-7-40.D.2.h--The proposed Amended PUD Final Plan uses are
compatible with the criteria listed in the Development Guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of GKD, LLC, do Gary Dejohn, for a Site Specific
Development Plan and Amended Planned Unit Development Final Plan, PF#632, to relocate an
existing residential lot(Lot 13)and to reconfigure existing open space for the Cottonwood Falls PUD,
on the above referenced parcel of land be,and hereby is,granted subject to the following conditions:
1. Prior to recording the PUD Final Plat:
A. The applicant shall provide a letter from the Colorado Department of Public
Health and Environment,Water Quality Control Division(WQCD),indicating
the water system is in compliance with the Colorado Primary Drinking Water
Regulations.
B. The applicant shall provide written evidence from the Office of the State
Engineer, Division of Water Resources,to the Departments of Public Health
and Environment and Planning Services,that their requirements,as outlined
in the referral response received January 22, 2007, have been satisfied.
C. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled AMPF-632.
2) The Weld County's Right to Farm statement,Appendix 22-E,shall be
placed on the plat.
3) The applicant shall address the requirements and concerns of the
Utilities Coordinating Advisory Committee,as stated in the meeting
minutes from February 8, 2007.
4) The applicants shall obtain a written sign-off from the utility providers
prior to recording the plat. The utility name and signature shall be on
the plat in accordance with Section 27-9-40.B of the Weld County
Code.
5) Primary and secondary septic envelopes for all residential lots
(Lots 1 through 13) shall be shown on the plat.
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2. The Final Plat is conditional upon the following and each shall be placed on the Final
Plat as notes prior to recording:
A. The Amended Planned Unit Development allows for E(Estate)Zone uses
(13 lots)which shall comply with the PUD-Estate Zone District requirements
as set forth in Section 23-3-400 of the Weld County Code. The common
open space shall be owned and maintained by the Homeowners'
Association,in accordance with Sections 23-3-500 and 27-2-60 of the Weld
County Code.
B. All thirteen (13) homes must be served by the Public Water System.
C. The Cottonwood Falls PUD is regulated by the Colorado Primary Drinking
Water Regulations(5 CCR 1003-1). As such,once Cottonwood Falls PUD
regularly serves a population of at least 25 people,over six(6)months of the
year, it is required to contact the Colorado Department of Public Health and
Environment, Water Quality Control Division, to activate the Cottonwood
Falls Public Water System. At that time the Public Water System must be
under the responsible control of a Class"D"Water Treatment Plan Operator
and a Class "1" Water Distribution System Operator.
D. The PUD must be in compliance at all times with the requirements of the
Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
E. A Weld County septic permit is required for any new septic system or for any
repair or alterations to a septic system, and shall be installed according to
the Weld County Individual Sewage Disposal System(I.S.D.S.)Regulations.
Each septic system shall be designed for site-specific conditions, including
but not limited to, maximum seasonal high groundwater, poor soils, and
shallow bedrock.
F. The applicant shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public Health and
Environment, if required. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
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.
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Weld County's Right to Farm Statement,as delineated in Appendix 22-E of
the Weld County Code, shall be placed on the plat and recognized at all
times.
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. Open space
restrictions are permanent.
K. Potential purchasers are hereby notified that all lands surrounding this PUD
are part of lands held by the National Hog Farms, Inc., and historically a
confined animal feeding operation has been located on these lands. 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.
L. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
M. All signs,including entrance signs,shall require building permits. Signs shall
adhere to the Weld County Code. These requirements shall apply to all
temporary and permanent signs.
N. No development activity shall commence,nor shall any building permits be
issued on the property,until the Final Plan as been approved and recorded.
O. Proper building permits shall be obtained prior to any construction,
remodeling, demolition, or excavation.
P. 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:2003 International Residential Code,2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing
Code,2003 International Fuel Gas Code,2005 International Electric Code,
and Chapter 29 of the Weld County Code.
Q. All buildings or structures shall maintain distances from the property lines
and adjacent structures,as outlined in Section 29-3-160 of the Weld County
Code.
R. At the time an application is accepted for a building permit,a plan review will
be done. A complete review of the building or structure by the Weld County
Department of Building Inspection or the Platte Valley Fire Protection District
may reveal other building issues or areas needing attention.
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S. Each structure located within this development is within the 100-year
floodplain, as delineated on the FIRM Community Panel Maps, panel
numbers 080266 0675 C and 080266 0800 C, and Special Flood Hazard
Information Report for the South Platte River, Volume I, dated April 1977.
T. Non-Conforming Uses of a Structure have been established for the
residential structures located on Lots 3, 6, and 9, case numbers NCU-372,
NCU-373,and NCU-374,respectively. The residential structures fail to meet
setbacks due to the rights-of-way for the internal roads.
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. 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,aftera public hearing, revoke
the PUD final plan and order the recorded PUD plan vacated.
X. 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.
Y. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
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Z. 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.
AA. Property owners within this PUD are hereby notified that there are significant
hunting activities taking place on properties adjacent to this PUD.
BB. 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.
CC. Prior to the release of a building permit,the applicant shall submit evidence
of approval from the Platte Valley Fire Protection District to the Weld County
Department of Building Inspection.
3. Upon completion of Condition of Approval#1 above,the applicant shall submit two
(2)paper copies of the plat for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the paper copies,the applicant shall submit
a Mylar plat,along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30)days from the date
of the Weld County Board of Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
4. Prior to Certificate of Occupancy:
A. Any abandoned septic system must comply with Section 30-4-20.D of the
Weld County Code. The applicant shall contact the Department of Public
Health and Environment to update existing septic permits for those systems
that have been abandoned. The applicant shall provide written evidence from
the Department of Public Health and Environment that the existing septic
system originally located on Lot 13 (as indicated on the PF-632 plat,
recorded on November 20, 2003) has been abandoned.
B. The existing foundation for the residence originally located on Lot 13 (as
indicated on the PF-632 plat,recorded November20,2003)shall be removed
to prevent a potential unsafe situation that will need to be abated.
C. The applicant shall provide written evidence that the existing well
(Permit#242268)has been abandoned according to the requirements of the
Office of the State Engineer, Division of Water Resources.
D. The applicant shall submit,to the Department of Planning Services,written
proof that the owner of the house located along Weld County Road 69, on
property outside of the Cottonwood Falls PUD,is provided the opportunity to
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connect to the water system of said PUD. Said opportunity shall be honored
by the Cottonwood Falls PUD Homeowners'Association, and shall extend
to the owner's successors in interest. The owner, and/or his successors in
interest,shall be responsible for the entire cost of said connection,and any
associated maintenance therewith. This requirement shall be shown as a
note on the plat.
5. The applicant shall submit two(2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
6. The applicant shall submit a digital file of all drawings associated with the Amended
Final Plat 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).
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of February, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
,/t WEL UNTx, C DO
ATTEST: i i1r ;,
David E. Long, Chair
Weld County Clerk tottrk b' "2—z_n f ry yy �y �f Willis Pro em BY: D ty CI to the Boars - l/
William F. Garcia
APP AST M: EXCUSED
Robert D. Masden
my Attorney ear
Doug la ade her
Date of signature: 313-110-1
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