HomeMy WebLinkAbout20061400.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1066, FOR NINE (9) LOTS WITH E (ESTATE)ZONE USES,ALONG
WITH 28.4 ACRES OF OPEN SPACE - MIKAL TORGERSON
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 24th day of May, 2006, at 10:00 a.m. for the
purpose of hearing the application of Mikal Torgerson, 223 North College Avenue, Fort Collins,
Colorado 80524,requesting a Site Specific Development Plan and Planned Unit Development Final
Plan, PF#1066, for nine(9)lots with E (Estate)Zone uses, along with 28.4 acres of open space,
for a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption#2681;being part of the
SE1/4 of Section 32, Township 8 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing the Board deemed it advisable to continue the matter to June 14,
2006,at 10:00 a.m.,to allow the applicant additional time to address the outstanding items required
by the Department of Public Works, and
WHEREAS, on June 14, 2006, 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--That the proposal is consistent with Chapters 19,22,
23, 24, and 26 of the Weld County Code .
1) Section 22-2-60.A.1 (A.Goal 1)states,"Preserve prime farmland for
agricultural purposes which foster the economic health and
continuance of agriculture." Also, Section 22-2-60.D.2(A.Policy 4)
states, "Provide a mechanism for the division of land which is
agriculturallyzoned. The intent of this goal should be to maintain and
enhance the highest level of agricultural productivity in Weld County."
The site is designated "Prime if irrigated," however, there is no
irrigation water associated with this development.
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2) The application proposes non-urban scale development, and
Section 27-2-140 of the Weld County Code 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."
3) Section 22-3-50.B.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. The Weld County
Department of Public Health and Environment has indicated that the
proposal does meet current policies and the application has satisfied
Chapter 27 of the Weld County Code in regard to water and sewer.
4) 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 twenty Performance Standards as delineated in Section 27-2-10
regarding access, buffering and screening, bulk requirements, circulation,
etcetera. The applicant has submitted an Improvements Agreement
According to Policy Regarding Collateral for Improvements (Public Road
Maintenance). The Improvements Agreement 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. The proposed site is within the three-mile referral area for the
Towns of Severance,Ault, and Pierce. The Town of Ault did not respond to
the referral request. The Towns of Severance and Pierce returned a referral
indicating the plan does not conflict with their interests.
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 applicant has proposed to service the lots with
water from the North Weld County Water District. The Weld County
Department of Public Health and Environment has indicated that the
proposal does meet current policies and the application has satisfied
Chapter 27 of the Weld County Code in regard to water and sewer.
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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. Weld County Road 86, adjacent to the proposed
development, is classified by the Weld County Roadway Classification Plan,
June 2002, as a local road requiring 60 feet of right-of-way. If the right-of-
way cannot be verified, it will be dedicated on the final plat. Further, the
Weld County Department of Public Works has indicated that this
development will introduce additional vehicle trips to the roadway system.
With this increased level of traffic on unpaved roads, fugitive dust and
surface maintenance problems will incur. The Department of Public works
is requiring an Off-Site Improvements Agreement to address the
proportional share of improvements based on the traffic generated by the
development to the existing traffic. Intersection sight distance triangles at
the development entrance(s) 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.
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 applicants have submitted an Improvements Agreement
According to Policy Regarding Collateral for Improvements (Private Road
Maintenance). The applicant has not submitted an Improvements
Agreement for (Public Road Maintenance). Per the referral from the
Department of Public Works, dated April 27, 2006, the applicant is required
to submit appropriate documentation and post collateral. The Public and
Private Improvements Agreement will be required to be approved and
accepted by the Board of County Commissioners 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 and Development Standards
ensure that soil conditions shall be considered when placing structures or
Individual Sewage Disposal Systems. The site is not located within an
overlay district. Further, no viable commercial mineral deposits are located
within the site.
h. Section 27-7-40.D.2.h -- If compatibility exists between the proposed uses
and criteria listed in the development guide, and the final plan conforms
exactly to the development guide. The proposed PUD Final Plan uses are
compatible with the criteria listed in the developmental guide.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Mikal Torgerson for a Site Specific Development Plan and
Planned Unit Development Final Plan, PF#1066, for nine(9)lots with E(Estate)Zone uses, along
with 28.4 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 PUD Final Plat:
A. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements (Public Road Maintenance)
and an Improvements Agreement According to Policy Regarding Collateral
for Improvements (Private Road Maintenance). Both agreements shall be
approved and accepted by the Board of County Commissioners with the
following amendments.
1) An executed on-site improvements agreement has been submitted
and is acceptable with the following revisions to Exhibit A:
Street base - $25,500
Street name and Stop sign - $500
Water transfer-Value of water shares or letter from the North Weld
County Water District waiving surety requirement
Engineering and Supervision Costs - $15,000
Total Estimated Cost - Revise Amount
2) The proposed Off-Site Improvements Agreement adequate for
submittal to the Board of Weld County Commissioners is required
with the Final Plan application. The application materials do contain
a copy of a standard form that was supplied to the applicant but it
has not been completed. A completed agreement that addresses
the following shall be submitted:
a. The route to the nearest paved road from the Torgerson
PUD is Weld County Road 86 east to Weld County Road 29;
then Weld County Road 29 south to State Highway 14, for a
total distance of 2.5 miles.
b. The cost to stabilize one mile of roadway is $65,000.00.
c. The traffic generated from the Torgerson PUD will be 50
percent of the traffic on Weld County Road 86 and 30
percent of the traffic on Weld County Road 29. Road
Stabilization adjacent to Torgerson PUD shall be paid 100
percent by the developer.
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d. The term of the agreement shall be ten (10) years. Funds
generated by this agreement may be applied toward paving.
The cash in escrow when fully funded is $60,120.00.
B. The Restrictive Covenants approved by the County Attorney and the
Department of Planning Services shall be submitted to the Department of
Planning Services for recording.
C. The applicant shall submit to the Department of Planning Services the
appropriate fee ($6 for the first page and $5 for all others)for recording the
Restrictive Covenants for Torgerson PUD.
D. The applicant shall submit written evidence to the Department of Planning
Services from the Weld County Department of Public Health and
Environment indicating that all issues with the placement of retention ponds
and septic envelopes have been satisfied to the Departments satisfaction.
E. The applicant shall submit a recorded copy of a fully executed agreement
with the Pierce Lateral Ditch Company, to the Department of Planning
Services, addressing the prescriptive easement, waste water runoff,
especially as it relates to water quality, and the detention pond, that all
structures be designed by an engineer, that all structures be approved by
the Ditch Company, and that the Ditch Company be reimbursed by the
applicant for all of its engineering and legal expenses.
F. The applicant shall submit written evidence to the Department of Planning
Services from the Weld County Department of Public Works indicating that
all issues with the proposed detention pond, the outlet structure and
associated engineering documents have been satisfied to the Department's
satisfaction.
G. The applicant shall submit evidence to the Department of Planning Services
that the School District has accepted the location of the bus pull-off.
H. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements for both Public(off-site)and
Private (on-site)areas. These agreements shall be approved by the Board
of County Commissioners.
The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
J. The applicant shall submit a deed which transfers ownership of the open
space to the Homeowners' Association.
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K. 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.
L. The applicant shall submit three(3)sets of stamped,signed,and dated final
plat drawings and roadway/construction and grading plan drawings for use
by the Department of Public Works.
M. Stop signs and street name signs will be required at all intersections and
shown as a signing plan on final roadway plans. The current edition of the
Manual on Uniform Traffic Control Devices(MUTCD)shall govern the signing
plan.
N. An amended and revised Final Drainage Report,stamped,signed,and dated
by a professional engineer licensed in the Sate of Colorado, shall be
re-submitted to the Department of Public Works. The 5-year storm and
100-year storm drainage studies shall take into consideration off-site flows
both entering and leaving the development. Increased runoff due to
development will require detention of the 100-year storm developed condition
while releasing the 5-year storm existing condition. The final drainage report
shall include a flood hazard review documenting any FEMA-defined
floodways. The engineer shall reference the specific map panel number,
including date. The development site shall be located on the copy of the
FEMA map.
O. The applicant shall submit the 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. These plans
(Stormwater Management Plans) may be based on Urban Drainage
methodology.
P. 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).
Q. The Plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF-1066.
2) All sheets shall be prepared in accordance with Section 27-9-20 for
Final Plat map requirements, Section 27-9-30 for the detailed
Landscape map requirements,and Section 27-9-40 for the Final plan
utility map requirements.
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3) A utility service statement block, as indicated by Section 27-9-40.B
of the Weld County Code, with all appropriate signatures.
4) As required by the Weld County Utilities Coordinating Advisory
Committee, per discussion on May 11, 2006.
5) Outlot B shall indicate utility easements of 15 feet for front,20 feet for
perimeter, and 10 feet for side lots, or a note shall be added stating
the entire outlot can be crossed by utilities.
6) The plat shall delineate the location of any easements located on this
site.
7) The plat shall delineate the location of the primary and secondary
septic envelopes. All septic envelopes must be located 100 feet from
the Pierce Lateral Ditch and 100 feet from the well.
8) The thirty(30) foot prescriptive easement on the west side of the
Pierce Lateral Ditch identified by Book and Page per the office of the
Clerk and Recorder, if it is determined that the May 24, 2006
centerline of the Pierce Lateral Ditch allows.
9) The centerline location of the Pierce Lateral Ditch, including the
documentation for the creation and easements for the Pierce Lateral
Ditch. If information is unavailable,the Pierce Lateral Ditch Company
shall approve the documentation and adequacy for its easement.
10) The pedestrian shelter is shown in the right-of-way ofTorgerson Way
on the Landscape Plan and sheets 5, 6, 7 of 9 in the construction
plans. In accordance with the Change of Zone Resolution, the
pedestrian shelter shall be shown in open space and meet all
setbacks and not be in an easement.
11) On Sheet 7 of 9 a note shall be added requiring the street
identification and Stop sign to be manufactured and installed in
accordance with the Manual on Uniform Traffic Control Devices.
12) On sheet 6 of 9, the flow line elevation for the 24-inch corrugated
metal pipe(CMP)shall be shown. The road ditch will require grading
deeper than 2.07 feet,which is shown on the typical street section,
in order to install the 24-inch CMP and meet cover requirements.
Road ditch grades and elevations shall be shown on the profile to
facilitate installation of the 24-inch CMP.
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13) No erosion control measures or seeding have been indicated for the
road ditches,swales,or detention pond. Erosion control and seeding
shall be shown on sheet 5 of 9,and the following note shall be added,
"Unlined drainage facilities and all areas disturbed during construction
shall be actively revegetated. Seed mixes should be selected to
match the conditions where they will be used. Recommended seed
mixes may be obtained from the Weld County Public Works Weed
Division Supervisor."
2. The Final Plan is conditional upon the following and that each shall be placed on the
Final plat as notes prior to recording:
A. The Site Specific Development Plan and Planned Unit Development Final
Plan, PF#1066,is for nine(9)residential lots with E(Estate)Zone uses and
28.4 acres of open space, except one horse per acre will be permitted on
Lots 1 through 9. Open space shall adhere to the uses allowed in the
A (Agricultural) Zone District, except no residential structures shall be
allowed. 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. Weld County's Right to Farm,Appendix 22-E,as delineated on this plat,shall
be recognized at all times.
E. Water service shall be obtained from the North Weld County Water District.
F. 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,WaterQuality Control Division,and the Weld
County Code in effect at the time of construction, repair, replacement, or
modification of the system.
G. Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setbacks, including the 100-foot
setback to any irrigation ditch or well.
H. Activities such as permanent landscaping,structures,dirt mounds,or other
items, are expressly prohibited in the absorption field site.
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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 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/PermitsUnitformore
information.
J. 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.
K. 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.
L. 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.
M. A separate building permit shall be obtained prior to the construction of any
building or structure including entry gates and signs.
N. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Residential building plans may be
required to bear the wet stamp of a Colorado registered engineer or
architect.
O. 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 Codes: 2003 International Residential Code, 2003
International 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.
P. 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.
Q. 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.
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R. Building height shall be measured in accordance with the 2003 International
Building Code forthe 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.
S. All signs,including entrance signs,shall require building permits. Signs shall
adhere to Sections 23-4-80 and 23-4-110 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
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.
V. The property owner shall allow any mineral owner or lessee the right of
ingress or egress for the purposes of exploration development,completion,
re-completion,re-entry,production,and maintenance operations associated
with existing or future operations located on these lands.
W. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
X. The property owner shall be responsible for keeping the fence line adjacent
to the prescriptive ditch easement free and clear of weeds and flammable
materials.
Y. The property shall not allow waste water from this development to flow into
the Pierce Lateral Ditch. This runoff includes chemicals, oils, pesticides,
herbicides, insecticides, and gray water from septic tanks and leach fields.
The Pierce Lateral Ditch does not accept any waste water or runoff from
subdivisions.
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.
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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 com ply 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 Government, and adopted Weld County Code and policies.
CC. 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 plat 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. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
5. Section 27-8-60 of the Weld County Code-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,aftera public hearing,
revoke the PUD Final Plan.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of June, A.D., 2006.
E t a BOARD OF COUNTY COMMISSIONERS
ELD CO Y, COLORADO
ATTEST: gail �� � ._+ Ike �Zc
Geile, Chair
Weld ounty Clerk to the B
d..
Au 1 ,i `,`�BV David E. Long, Pro-Tem
BY:
Dep Clerk`fo the Board _ 1l
' iam H. Jerke i
APP AS TO FORM.
Robe D. Mas en
Attorney i'��iC2{,GGf
Glenn Vaad
Date of signature: `0 7c)
2006-1400
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