HomeMy WebLinkAbout20061141.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT
DEVELOPMENT FINAL PLAN,AMPF#354,TO SUBDIVIDE LOT 7,SHILOH ESTATES,
INTO FOUR LOTS - JAMES AND CHERI SCOTT
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 10th day of May, 2006, at 10:00 a.m. for the
purpose of hearing the application of James and Cheri Scott, 35236 Cornerstone Way, Windsor,
Colorado 80550, requesting a Site Specific Development Plan and Amended Planned Unit
Development Final Plan, PF#354, to subdivide Lot 7, Shiloh Estates, into four lots,for a parcel of
land located on the following described real estate, to-wit:
Part of Section 4,Township 6 North, Range 67 West
of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented at said hearing by Todd Hodges,Todd Hodges
Design, LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, 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 unfavorable recommendation 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 Planned Unit Development.
b. Section 27-7-40.D.2.b -- The uses which will be allowed on the subject
property will conform to the Performance Standards outlined in Chapter 27,
Article II, 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 Zone District and with the future development as projected by
Chapter 22 of the Weld County Code or master plans of affected
municipalities.
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AMENDED PUD FINAL PLAN, AMPF #354 - JAMES AND CHERI SCOTT
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d. Section 27-7-40.D.2.d--There is evidence that adequate public water and
sewer will be made available to the site to serve the uses permitted within
the proposed Planned Unit Development in compliance with the Performance
Standards outlined in Chapter 27, Article II, of the Weld County Code.
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
Planned Unit Development.
f. Section 27-7-40.D.2.f-- In the event the street or highway facilities are not
adequate,the applicant will supply information which demonstrates the will-
ingness and financial capacity to upgrade the street or highway facilities in
conformance with the Transportation Section of Chapters 22, 24,and 26, if
applicable. This shall be shown by submitting, with the Planned Unit
Development Zone District application,a separate proposal for on-site and
off-site road improvements. This proposal shall describe, in detail,the type
of on-site improvements in compliance with Section 24-9-10 and off-site road
improvements in compliance with Section 24-9-20, to determine if the
requirement for street or highway facilities providing access to the property
has been satisfied. The method of guarantee shall conform with the
County's policy regarding collateral for improvements.
g. Section 27-7-40.D.2.g -- There has been compliance with the applicable
requirement contained in Chapter23 regarding overlaydistricts,commercial
mineral deposits, and soil conditions on the subject site.
h. Section 27-7-40.D.2.h--Consistency exists between the proposed Planned
Unit Development and the Specific Development Guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of James and Cheri Scott for a Site Specific Development
Plan and Amended Planned Unit Development Final Plan, PF #354, to subdivide Lot 7, Shiloh
Estates, into four lots,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 has submitted draft covenants to accommodate changes
proposed by the PUD amendment. The applicant shall submit three
complete copies of the covenants for review and approval by County staff.
B. The North Weld County Water District shall review and inspect the
installation of an additional irrigation water system to ensure that
contamination of the potable system by the irrigation system is prevented.
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C. The applicant shall provide the Department of Public Works with a pavement
design prepared by a professional engineer, along with the final plan
submittal. Evidence of approval by the Department of Public Works shall be
provided to the Department of Planning Services.
D. The applicant shall provide the Department of Public of Works with stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings for review and approval. Construction details must be
included. Evidence of approval by the Department of Public Works shall be
provided to the Department of Planning Services.
E. The applicant has submitted the Improvements Agreements According to
Policy Regarding Collateral for Improvements,and it has been accepted by
the Department of Public Works. The agreement shall be approved by the
Board of County Commissioners prior to recording the final plat.
F. Final drainage construction and erosion control plans (conforming to the
Drainage Report)stamped, signed, and dated by a professional engineer,
licensed in the State of Colorado, shall be submitted. Evidence of approval
by the Department of Public Works shall be provided to the Department of
Planning Services.
G. The applicant shall submit written evidence to the Department of Planning
Services that an attempt has been made to address the cash-in-lieu fees
requested by Weld County School District RE-4, in its referral response
dated February 8, 2006.
H. The Plat shall be amended to include the following:
1) The plat shall conform to all the requirements of a PUD final plat as
indicated in Section 27-9-20. All sheets shall be labeled Shiloh
Estates, 1st Amendment, AmPF-354.
2) Easements shall be shown on the final plat in accordance with
County standards (Section 27-9-40) and/or Utilities Coordinating
Advisory Committee recommendations.
3) Intersection sight distance triangles at the development entrance will
be required. All landscaping within the triangles must be less than
3.5 feet in height at maturity and noted on the final roadway plans.
4) All notes indicated below in Condition of Approval #2 shall be
included.
The applicant shall submit a digital file of all drawings associated with the
Amended Final Plan application. Acceptable CAD formats are .dwg, .dxf,
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and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is.eoo. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable).
J. The North Weld County Water District(NWCWD)recognizes the proposal
for the installation of an additional irrigation water system. The NWCWD will
need to know the fire requirements from the Windsor-Severance Fire District
that will be placed on the NWCWD for fire suppression.
2. The Final Plat is conditional upon the following and that each be placed on the Final
Plat as notes prior to recording:
A. The following existing notes from the Shiloh Estates Final Plan,recorded on
May 26, 1994, at Reception Number 02390497, shall be added to the final
plat:d,g, h, k, o, p, q, r, s, t, u, v,w. Plat lettering/numbering, including new
notes listed below, should be adjusted as necessary.
B. The Amended PUD Final Plan allows for E(Estate)Zone Uses,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.
C. Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
D. Water service shall be obtained from the North Weld County Water District.
E. This subdivision is in rural Weld County and is not served by a municipal
sanitary sewer system. Sewage disposal shall be by septic systems
designed in accordance with the regulations of the Colorado Department of
Public Health and Environment,Water Quality Control Division,and the Weld
County Code in effect at the time of construction, repair, replacement, or
modification of the system.
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 Water Quality Control Division of the Colorado Department
of Public Health and Environmentatwww.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.
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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
apply for a permit from the Colorado Department of Public Health and
Environment.
J. A separate building permit shall be obtained prior to the construction of any
structure.
K. 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
permit. Residential building plans may be required to bear the wet stamp of
a Colorado registered architect or engineer.
L. 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 Intemational Residential Code,2003 Intemational
Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code,2003 International Fuel Gas Code,2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
M. 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.
N. 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.
O. Building height shall be measured in accordance with the 2003 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 Chapter23 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. When measuring buildings to determine offset and
setback requirements,buildings 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.
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P. 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
Program.
Q. 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.
R. Stop signs and street name signs are required at all intersections.
S. Installation of utilities shall complywith Section 24-9-10 of the Weld County
Code.
T. The Weld County Department of Public Works shall be notified prior to
placing utilities in the road rights-of-way to determine if permits will be
required.
U. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
V. Weld County Government personnel shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out
on the property comply with the Development Standards stated herein and
all applicable Weld County regulations.
W. The site shall maintain compliance at all times with the requirements of the
Weld County Government and adopted Weld County Code and policies.
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. 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.
Z. Weld County's Right To Farm Statement,as it appears in the Weld County
Code, Appendix 22-E, shall be placed on the plat.
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3. Upon completion of Conditions of Approval #1 and #2 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 Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
4. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan - If a Final Plan plat has not been recorded within one(1)
year of the date of the approval of the PUD Final Plan, or within a date specified by
the Board of County Commissioners, the Board 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
record the PUD Final Plan plat. The Board may extend the date for recording the
plat. If the Board determines that conditions supporting the original approval of the
PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the
PUD Final Plan.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of May, A.D., 2006.
'a BOARD OF C UNTY COMMISSIONERS
'f'•'} WE CO
CO Y, COLORADO
ATTEST: aM_/,Q ! ti;�!
.M. J. Geile, Chair
Weld County Clerk to the v'Y
®Qj� EXCUSED
David E. Long, Pro-Tem
BY:
Dt
e ty Cler o the Board
Wiliam H. Jerke
APP AS TO \\VU\` At, 410
Robert D. Masde
ty Att ney G u��A, O1 -TA\
enn Vaad
Date of signature: 4' l IS I k
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