HomeMy WebLinkAbout20061954 RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1090, FOR 24 RESIDENTIAL LOTS AND 9.7 ACRES OF OPEN
SPACE - EAGLE VIEW FARMS, LLC
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 26th day of July,2006, at 10:00 a.m., for the
purpose of hearing the application of Eagle View Farms, LLC, 3246 Grandview Drive, Greeley,
Colorado 80631, requesting a Site Specific Development Plan and Planned Unit Development Final
Plan, PF#1090, for 24 residential lots and 9.7 acres of open space, for a parcel of land located on
the following described real estate, to-wit:
NE1/4 of Section 23, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing on July 26,2006,the Board deemed it advisable to continue the
matter to October4, 2006, at 10:00 a.m., to allow time for additional engineering review regarding
the Ogilvy Inlet Ditch, and
WHEREAS,on October 4, 2006, the applicant was represented at said hearing by Robb
Casseday, Casseday Creative Designs, LLC, 55 South Elm Avenue, Suite 210, Eaton, Colorado
80615, 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 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 Chapter27,
Article II, of the Weld County Code.
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PUD FINAL PLAN, PF#1090 - EAGLE VIEW FARMS, LLC
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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.
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--Weld County Road 35 requires a left-hand turn lane
be constructed as requested by the Weld County Department of Public
Works. An Improvements Agreement has been submitted to,and approved
by,the Department of Public Works,which addresses the safe design of the
turn lane and the proposed cost necessary for construction of the turn lane
improvement to Weld County Road 35, both of which will be completed by
the applicant.
g. Section 27-7-40.D.2.g -- There has been compliance with the applicable
requirement contained in Chapter 23 regarding overlay districts,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 or conceptual development guide.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Eagle View Farms, LLC,for a Site Specific Development
Plan and Planned Unit Development Final Plan, PF#1090, for 24 residential lots and 9.7 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 responses dated September 22,
and 25, 2006. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. Any and all conditions in the
referral responses relating to the Ogilvy Ditch have been addressed and are
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deemed to be satisfied by the agreement between the applicant and the ditch
company, dated October 2, 2006. Any and all conditions in the referral
responses relating to underdrainage of the Fagerberg property, onto and
across the applicant's property,have been addressed and are deemed to be
satisfied by the letter submitted by the applicant to, and approved by,
Fagerberg,dated September29,2006. Any and all Conditions in the referral
responses relating to the use of an exclusive easement granted to Duke
Energy have been addressed and are deemed to be satisfied by the letter
provided by Duke Energy,dated October2,2006. Any required modifications
to the Final Plat and Construction Drawings consistent with the above
correspondence shall be approved by the Department of Public Works prior
to the recording of the Final Plat. The Department of Public Works shall
notify the Department of Planning Services of such approval prior to
recording of the plat. Easements for the proposed under drain and the
additional agreed upon easement for the Ogilvy Ditch shall be signed,
recorded, and submitted to the Department of Public Works. Such
easements shall be shown on the Final Plat and Construction Drawings,as
necessary.
C. The north line of Lot 7 and the west line of Lots 7, 8, 9, and 12, shall be
fenced with five-foot solid fencing in satisfaction of comments in the
September 25, 2006, memo from the Department of Public Works,
concerning accessibility to the Ogilvy Ditch.
D. The applicant has submitted a draft Improvements Agreement According to
Policy Regarding Collateral for Improvements(Private Road Maintenance).
The agreement shall be modified to incorporate the cost to construct the
proposed trail, and shall be resubmitted for review by the Departments of
Public Works and Planning Services. The agreement and collateral shall be
approved and accepted by the Board of County Commissioners prior to
recording the final plat.
E. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for Eagle View Farms PUD. Any changes
requested by the Weld County Attorney's Office shall be incorporated.
F. 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 Eagle View
Farms PUD in the Office of the Weld County Clerk and Recorder.
G. The applicant shall submit evidence that the Homeowners'Association has
been recorded with the Secretary of the State.
H. The applicant shall submit a request to a Weld County Building Technician
for lot addresses. The street name and lot addresses shall be submitted to
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the Eaton Fire Protection District, Weld County Sheriffs Office, and
Ambulance providerfor review. Written evidence of such shall be submitted
to the Weld County Department of Planning Services.
The applicant has not provided evidence that the proposed gated access has
been approved by the Sheriffs Office or Ambulance provider. Written
evidence of such shall be provided to the Department of Planning Services.
J. Construction details for the five (5) foot trail shall be indicated in the plans.
Specifications for the proposed Polymer Aggregate Mix shall be provided.
This information shall be submitted to the Department of Public Works.
Written evidence of approval by the Department of Public Works shall be
provided to the Department of Planning Services.
K. The applicant shall address the requirements of the Department of Public
Works referral,dated September25,2006,(page 3)in regards to the 18-inch
drainage culvert.
L. Evidence that the cash-in-lieu payment has been paid to Weld County
School District RE-2, in the amount of$1,043.00, per dwelling lot,for a total
of$25,032.00, shall be submitted to the Department of Planning Services.
M. The applicant shall provide a signed and recorded easement agreement with
the Ogilvy Irrigating and Land Company covering the proposed easement
located on the western edge of the PUD.
N. 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)
O. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF-1090.
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"-2000'.
3) All changes required by the Weld County Utilities Coordinating
Advisory Committee, at the meeting of July 13, 2006.
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.
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5) Weld County Road 35, adjacent to the proposed development, is
designated by the County as a minor arterial road,which requires a
110-foot right-of-way. If the right-of-way cannot be verified, it shall be
dedicated on the final plat.
6) There is a proposed exclusive right-of-way grant between Eagle View
Farms, LLC, and Duke Energy that is shown on Outlot A. The grant
shall be executed, recorded and called out as such on the final plat.
7) Setbacks for oil and gas facilities have been shown on Lots 20 and
21, but have not been located or dimensioned. The center of the
150-foot and 200-foot radii shall be located by dimension on the
Change of Zone plat.
8) The Property Owner's Certificate shall be modified to match the
Certification of Dedication, Ownership, and Maintenance shown in
Appendix 24-C of the Weld County Code.
9) The entrance island shall be shown and dimensioned on the plat.
10) The Ditch Easement Agreement between Eagle View Farms, LLC,
and the Ogilvy Irrigating and Land Company, shall be shown and
dimensioned on the plat. The recording information in regards to the
easement shall be indicated.
11) The locations and dimensions of the underdrain easement running
through Outlot A shall be indicated on the plat.
12) The locations and dimensions of the underdrain easement running
through the proposed PUD shall be indicated on the plat.
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 Twenty-Four (24) 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
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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,atwww.cdphe.state.co.us/wq/PermitsUnitfor
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 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 the Covenants.
J. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways within subdivisions that are not maintained by the County.
K. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
L. The internal roadways of gated communities shall be maintained by the
Homeowners' Association.
M. Weld County's Right to Farm Statement, as delineated on this plat,shall be
recognized at all times.
N. Stop signs and street name signs will be required at all intersections.
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O. 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.
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
Fee Program.
Q. 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.
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
S. Building permits shall be obtained prior to the construction of any building or
structure. Building permits are also required for signs, gates, and the bus
shelter.
T. Activities such as permanent landscaping,structures,dirt mounds,or other
items, are expressly prohibited in the septic absorption field site.
U. A plan review is required for each building. 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.
V. 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 Building Code,2003 International
Residential Code, 2003 International Mechanical Code, 2003 International
Plumbing Code,2002 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 plan review. Setback
and offset distances shall be determined by the Weld County Code.
Y. 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
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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.
Z. Prior to release of building permits for residential construction, a letter of
approval from the Eaton Fire Protection District shall be provided to the
Department of Building Inspection.
AA. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
BB. 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 standards stated herein and all applicable
Weld County regulations.
CC. 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.
DD. No development activity shall commence, nor shall any building permits be
issued on the property,until the Final Plan has been approved and recorded.
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,aftera public hearing,revoke
the PUD final plan and order the recorded PUD Final 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
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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,
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 Eaton 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.
B. The applicant shall address the requirements of the Eaton Fire Protection
District, as outlined in the referral dated May 26, 2006.
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.
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The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 4th day of October, A.D., 2006.
f$1, IElia BOARD OF 'SUNTY COMMISSIONERS
ELD CO ' TY, COLORADO
ATTEST: gel, ���� i I ,F. •`
. J. ile, Chair
Weld ounty Clerk to the B`� 3'!^,'' FJ
♦ uNv
BY: h q �� David E. Long, Pro-T m
Dep Clerk the oard �
Wi m Jerke
O EDAST VI\
Robert D. Masden
ou Att rneyEx& ,Vez aek
Glenn Vaadaad
Date of signature: 01 I- 60
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