HomeMy WebLinkAbout20020383.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, S #621, TO VACATE A UTILITY EASEMENT - SCOTT
AND CRYSTAL JOHNSON
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 13th day of February, 2002, at 10:00 a.m.
for the purpose of hearing the application of Scott and Crystal Johnson, 516 Sunny Slope,
Loveland, Colorado 80537, requesting a Site Specific Development Plan and Planned Unit
Development Final Plan, S #621, to vacate a utility easement, for a parcel of land located on
the following described real estate, to-wit:
Lot 46, Corrected First Filing, Beebe Draw Farms;
being part of Section 8, Township 3 North, Range
65 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
such 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 (PUD).
The proposed PUD Final Plan is consistent with all the applicable
chapters of the Weld County Code. The proposed vacation of a utility
easement does not substantially change the subdivision. Further, the site
is not influenced by any intergovernmental agreements.
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
affected utility companies and the Weld County Utility Board have
reviewed the proposal to ensure that the design of the utility easement is
satisfactory. The proposal does not affect any other performance
standard.
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PUD FINAL PLAN, S #621 - SCOTT AND CRYSTAL JOHNSON
PAGE 2
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 vacation of the utility easement should have
no affect on future development, therefore, this criteria is not applicable.
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 site will be served by the Central Weld
County Water District and an Individual Sewage Disposal System.
e. Section 27-7-40.D.2.e —The 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 vacation of the utility easement should
have no affect on street or highway facilities.
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 vacation of the utility easement should have
no affect on street or highway facilities.
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. Mineral deposits and soil conditions were
addressed at the original Beebe Draw Final Plan. Further, the site does
not lie within a overlay district.
h. Section 27-7-40.D.2.h —The proposed PUD Final Plan uses are
compatible with the criteria listed in the developmental guide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Scott and Crystal Johnson for a Site Specific
Development Plan and Planned Unit Development Final Plan, S #621, to vacate a utility
easement, 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 obtain a certificate from the County Treasurer
showing no delinquent taxes or special assessments on the property for
submittal to the Weld County Department of Planning Services.
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PUD FINAL PLAN, S #621 - SCOTT AND CRYSTAL JOHNSON
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B. The applicant shall submit a paper copy of the plat for preliminary
approval to the Weld County Department of Planning Services.
C. The applicant shall create a digital file of all drawings associated with the
Final Plan application for submittal to the Weld County Department of
Planning Services. 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).
D. The Plat shall be amended to include the following:
1) The most recent version of Weld County's Right to Farm as listed
in Chapter 22, Appendix 22-E of the Weld County Code.
2. The Final Rat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
A. The uses permitted on replatted Lot 46, Corrected First Filing, Beebe
Draw Farms Planned Unit Development are R-1 (low density residential)
as described in the application materials on file with the Weld County
Clerk to the Board and set forth in the Weld County Code.
B. All dwelling units shall be located a minimum of 300 feet from oil and gas
drill sites and production facilities.
C. The Central Weld County Water District shall provide the water supply to
the Planned Unit Development. The water supply system shall be
provided consistent with the requirements of Section 27-2-210 of the
Weld County Code and the LaSalle Fire Protection District fire safety
requirements.
D. The applicant, Metropolitan District, and/or Homeowners' Association
shall provide and maintain all roads internal to the PUD as indicated on
the plat for Corrected First Filing, Beebe Draw Farms.
E. The Beebe Draw Farms Metropolitan District shall comply with the
amended Road Maintenance and Improvement Agreement regarding
impacts to Weld County roads signed on April 9, 1988.
F. No noxious or offensive activity shall be conducted upon any lot, nor shall
anything be done thereon which may become an annoyance or nuisance
to the neighborhood. Junk vehicles may not be stored on any lot. A junk
vehicle shall be construed to be any inoperative vehicle. No other junk
items shall be stored thereon, i.e., used building materials or any other
matter.
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PUD FINAL PLAN, S #621 - SCOTT AND CRYSTAL JOHNSON
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G. No permanent disposal of wastes shall be permitted at this site. No lot
shall be used or maintained as a dumping ground for rubbish. All trash,
garbage, or rubbish shall be disposed of in a neat and orderly manner at
a facility authorized to accept such waste materials. Any expenses
incurred for the disposal of such waste materials shall be the sole
responsibility of the owner of any such lot.
H. The areas shown as greenbelt and recreation on the PUD plan plat may
be used for utility easements.
Lot 46, Corrected First Filing, Beebe Draw Farms, has received a setback
variance from the north property line for the residence. In accordance
with Board of Adjustment #1008 the variance for setback is solely for the
single family dwelling in relation to the north property line. Any other use
or structure associated with Lot 46 must comply with all setback
requirements. Should the single family dwelling be replaced at any time,
a minimum setback and offset of 50 feet from all lot lines shall be
satisfied.
J. Only one horse per acre shall be kept on any lot. A fraction of an acre
shall be rounded to the next highest whole acre for determining the
number of horses per lot. No other livestock may be kept on a lot.
K. An applicant for a residential building permit shall submit evidence to the
Weld County Department of Planning Services that the required building
information has been submitted to the Architectural Control Committee
and the Committee has had a reasonable opportunity for review prior to
permit approval.
L. Fugitive dust must be confined on this site.
M. Weld County septic permits are required for the proposed residential
homes and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
N. Conflicts with existing easements will be resolved prior to construction of
roads, utilities or other facilities.
3. Upon completion of Conditions 1 and 2 above, 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 Department of Planning Services staff. The plat shall be prepared in
accordance with the requirements of Sections 27-9-20 and 27-9-40 of the Weld
County Code. The Mylar plat and additional requirements shall be submitted
within sixty (60) days from the date of the Board of County Commissioners
resolution. The applicant shall be responsible for paying the recording fee.
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PUD FINAL PLAN, S #621 - SCOTT AND CRYSTAL JOHNSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
ATTEST: DD /�/J r ''-- De...
� ! ��'!/�!�* ` g, " Glenn ad, Chair 0
Weld County Clerk to the r ar. �J
t t O` I2 +avid E. o-g, Pro-Tem V
Deputy Clerk to the BY .t rs.rr r-v .
77 �` U N D M. J. eile
APPROyED FOR : ‘ 12--1 4 j.-d
illiam H. Jer e
nt ttorne ` e ,. Vu �_
Robert. Masden
Date of signature: ��s---
2002-0383
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