HomeMy WebLinkAbout20062143.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLANANDPLANNEDUNITDEVELOPMENT
FINAL PLAN,PF#1095, FOR NINE(9) RESIDENTIAL LOTS WITH E(ESTATE)ZONE
USES -WHITE WOLF, 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 9th day of August,2006, at 10:00 a.m.for the
purpose of hearing the application of White Wolf, LLC, 1719 East Mulberry, Fort Collins,Colorado
80524, requesting a Site Specific Development Plan and Planned Unit Development Final Plan,
PF#1095,for nine(9)residential lots with E(Estate)Zone uses,for a parcel of land located on the
following described real estate, to-wit:
Part of the SE1/4 of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicant was represented at said hearing by Jim Martell,300 South Howes,
Fort Collins, Colorado 80521, 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 any
Intergovernmental Agreement in effect influencing the PUD,and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter23(Zoning),Chapter24(Subdivision),and Chapter26(Mixed Use
Development)of the Weld County Code. The Conditions of Approval ensure
the PUD is consistent with the Weld County Code. The site is not located
within the boundaries of an Intergovernmental Agreement.
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.
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1) Section 27-2-20, Access standards - The Department of Public
Works, in its referral response received July 25,2006,indicated that
road construction plans are acceptable provided a signed,stamped,
and dated set of plans is submitted.
2) Section 27-2-40, Bulk requirements - The applicant has chosen to
adhere to the bulk requirements of the E(Estate)Zone District,with
the exception of the minimum lot size and the setback requirements
for the development sign within the median.
3) The applicant has met the remaining Performance Standards, as
delineated in Section 27-2-10 of the Weld County Code. The
Conditions of Approval ensure compliance with Sections 27-2-20
through 27-2-220 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 orfuture 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 site is located within three miles of the Town of
Severance. It is not located within an Urban Growth Boundary nor
Intergovernmental Agreement area boundary. The Town of Severance,in its
referral received June 21, 2006, indicated no conflict with its interests.
D. Section 27-7-40.D.2.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 Water District for
potable water and fire protection requirements. Individual sewage disposal
systems will handle the effluent flow. The Weld County Department of
Public Health and Environment, in its referral received July 24, 2006,
indicated that the application has satisfied Chapter 27 of the Weld County
Code in regard to water and sewer service.
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 applicant is proposing an interior roadway with 60 feet of
right-of-way for two twelve (12) foot gravel lanes and two three (3) foot
shoulders. The Weld County Department of Public Works, in its referral
dated July 21, 2006, states the Final Roadway Plan and Drainage Plan
drawings submitted by the applicant have not been stamped and sealed and
will be required to be signed,stamped, and dated prior to recording the final
plat.
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F. Section 27-7-40.D.2.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 has been submitted,if applicable. The Department of Planning Services
shall require an Improvements Agreement in accordance with
Section 27-6-120.6.f of the Weld County Code for improvements to
Waterford Hill PUD and all on-site improvements.
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. 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. 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. The
site is not located within an overlay district, and the applicant has an
agreement with the sole mineral interest holder on the property(Anadarko).
H. Section 27-7-40.D.2.h -The submitted Specific Development Guide does
accurately reflect the Performance Standards and allowed uses described
in the proposed Zone District, as described previously.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of White Wolf, LLC for a Site Specific Development Plan and
Planned Unit Development Final Plan, PF#1095, for nine(9) residential lots with E(Estate)Zone
uses, 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 comments and concerns of the Department
of Public Works, as stated in the referral response dated July 21, 2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall identify a road name for the proposed development and
provide written evidence from all applicable service agencies, including the
Ault Fire Protection District, the Weld County Sheriffs Office, Ambulance
provider, and the Post Office shall be submitted to the Department of
Planning Services that the proposed name is in compliance with their
identification/naming protocol.
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D. The applicant shall attempt to address the comments and concerns of the
State of Colorado Division of Wildlife,as stated in the referral response dated
July 6, 2006. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. The applicant shall address the requirements of the Weld County
Department of Public Health and Environment, as stated in the referral
received July 24,2006,which states, "Language for the preservation and/or
protection of secondary absorption field envelopes shall be placed in the
development Covenants. The Covenants shall state that activities such as
landscaping(i.e. planting of trees and shrubs)and construction(i.e.auxiliary
structures, dirt mounds, etcetera) activities are expressly prohibited in the
designated absorption field envelope."
F. The applicant has submitted a draft Improvements Agreement According to
Policy Regarding Collateral for Improvements(Public 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 Waterford Hill PUD. Any changes requested by
the Weld County Attorney's Office shall be incorporated.
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 Waterford Hill
PUD in the Office of the Clerk and Recorder.
The applicant shall submit a request to a Weld County Building Technician
for lot addresses. The subdivision street name and lot addresses shall be
submitted to the Ault Fire Protection District, the Weld County Sheriffs
Office, and Ambulance provider for review. Written evidence of approval
shall be submitted to the Weld County Department of Planning Services.
J. The detention pond outlet structure discharges concentrated flows across
a spillway to Lot B of Recorded Exemption#4258. The applicant shall obtain
a perpetual drainage easement to accept Waterford Hill PUD runoff at this
location. Evidence of such shall be provided to the Department of Public
Works and Department of Planning Services.
K. The applicant shall dedicate to the Waterford Hill PUD Homeowners'
Association, the roadways, parking areas, drives, drainage and utility
easements, and open space located within the Waterford PUD, for the
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private use of members of the Homeowners'Association,with the exception
of access for emergency workers. The Waterford Hill PUD Homeowners'
Association shall be solely responsible for the construction, maintenance and
upkeep of the roadways, parking areas, drives, drainage and utility
easements,and open space located within the boundaries of the Waterford
Hill PUD.
L. The applicant shall address the recommendations of the Weld County
Sheriffs Office, as stated in the referral dated July 27, 2006. Written
evidence of such shall be provided to the Department of Planning Services.
M. 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).
N. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF-1095.
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'and the Site Plan shall be delineated at a scale of 1"-100'or
1"-200'.
3) All changes required by the Weld County Utility Advisory Committee
from its July 13, 2006, meeting.
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) Weld County Road 15, adjacent to the proposed development, is
classified by the County as a local road by the Weld County
Roadway Classification Plan, June 2002, which requires a 60-foot
right-of-way. If the right-of-way cannot be verified, it shall be
dedicated on the final plat.
6) The entirety of Lot A shall be indicated as a drainage easement.
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 nine (9) 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.
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B. Approval of this plan may create a vested property right pursuant to
Section 23-8-20 of the Weld County Code.
C. No residential building permits shall be issued for Non-buildable Outlots A,
B, C, D, and E.
D. Water service shall be obtained from the North Weld Water District.
E. 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
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 Colorado Department of Public Health and Environment,
Water Quality Control Division,atwww.cdphe.state.co.us/wq/PermitsUnitfor
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.
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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
I. 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 cash-in-lieu of land dedication fee, in the amount of$10,931.13($1,214.57
per residential lot), shall be paid to Weld County School District RE-4 at the
time of building permit submittal. The School District is responsible for
collecting this fee.
K. Prior to the release of residential building permits, evidence shall be
submitted that the water tap intended to service the outlot at the entrance to
the subdivision has been transferred to the Homeowners' Association.
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L. 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 Covenants.
M. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways within developments that are not maintained by the County.
N. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
O. The internal roadways of gated communities shall be maintained by the
Homeowners' Association.
P. Weld County's Right to Farm Statement, as delineated on this plat,shall be
recognized at all times.
Q. Stop signs and street name signs will be required at all intersections.
R. 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.
S. 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.
T. 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.
U. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
V. Building permits shall be obtained prior to the construction of any building or
structure. Building permits are also required for signs, entry way, and/or
gates and structures such as bus shelters, if provided.
W. Activities such as permanent landscaping, structures,dirt mounds, or other
items are expressly prohibited in the septic absorption field site.
X. 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.
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Y. 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 Chapter29 of the Weld
County Code.
Z. 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.
AA. 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 County Code.
BB. 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 Chapter23 of the Weld County
Code in order to determine compliance with offset and setback
requirements. Off-set 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.
CC. Prior to release of building permits for residential construction, a letter of
approval from the Ault Fire Protection District shall be provided to the
Department of Building Inspection.
DD. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
EE. 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.
FF. 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.
GG. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
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HH. 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.
II. 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.
JJ. Section 27-8-80.6 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.
KK. 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 CADformats 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 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.
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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.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 9th day of August, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST:
M. . eile, Chair
Weld County Clerk to the Board
BY: /
Nl� P 1 lGtC1, David E. Long, Pro-Tem
Dep Clerk td the Board 'r c/ f
Will mI-H.
Jerke �1
APP DASTO • �(���� \ V 1/4,0_
Robert D. Masden
my Attorney EXCUSED
Glenn Vaad
Date of signature: q I IZZ `6(P
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