HomeMy WebLinkAbout20050937.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1020, FOR 22 RESIDENTIAL LOTS AND 32 ACRES OF COMMON
OPEN SPACE -WAKE, LLLP, C/O CLIFFORD CLIFT AND PAUL CLIFT
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 30th day of March,2005,at 10:00 a.m.for the
purpose of hearing the application of Wake,LLLP,Go Clifford Clift and Paul Clift,2001 Fern Avenue,
Greeley, Colorado 80631, requesting a Site Specific Development Plan and Planned Unit
Development Final Plan,PF#1020,for 22 residential lots and 32 acres of common open space,for
a parcel of land located on the following described real estate, to-wit:
Lot 15C, Fourth Replat of Gilbaughs Appaloosa
Acres;being part of the W1/2 of the SW1/4 of Section
33, Township 7 North, Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Clifford Clift, 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. The approved Conditions of Approval
will ensure that the twenty standards which are outlined in this section are
met. 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 on the subject
property will conform to the Performance Standards outlined in Chapter 27,
Article II, of the Weld County Code. An approved On-site Improvements
Agreement will be required prior to recording the plat. All other Performance
Standards have been addressed prior to the Final Plan. The applicant has
met the twenty Performance Standards as delineated in Section 27-2-10 of
the Weld County Code regarding access, buffering and screening, bulk
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requirements,circulation,etcetera,with the lone exception of a deviation of
the minimum lot size in the E (Estate)Zone District for the twenty-two (22)
proposed residential lots, from a minimum of 2.5 acres to the proposed
average lot size of one (1) acre. The Conditions of Approval ensure
compliance with Sections 27-2-20 through 27-2-210 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 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 does not lie within an Urban Growth Area
or an Intergovernmental Agreement Area. The applicant is proposing an
Urban Scale Development as approved by the Board of County
Commissioners on February 3, 2004. Weld County's Right To Farm has
been attached to the Final Plat, thus informing any new residents that the
surrounding community is agricultural in nature. This proposal is located
within the referral boundary of the Town of Eaton,which returned a favorable
referral indicating no conflict with its interests. Granting this PUD Final Plan
will have a minimal impact on the surrounding land uses.
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 Chapter 27, Article II, of the
Weld County Code. Appaloosa Acres Estates PUD will be serviced by the
North Weld County Water District for the potable water supply. A
non-potable water supply for the irrigation of the open space is obtained via
the two shares of Larimer Weld Irrigation Company water. Individual
Sewage Disposal Systems will handle the effluent flow.
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 Weld County Department of Public Works reviewed this
request and indicated no conflict with the proposed plan. The applicants
have submitted an Improvements Agreement According to Policy Regarding
Collateral for Improvements (Public Road Maintenance). A finalized
Improvements Agreement will be required prior to recording the plat and
accepted by the Board of County Commissioners.
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 Weld County Department of Public Works has made
provision for appropriate means of access to the lots contained within this
PUD.
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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 property is not within the designated floodplain, as
delineated on FIRM Community Panel Maps 080266 0486 C and 080266
0487 C, dated September 28, 1982.
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 Wake, LLLP, c/o Clifford Clift and Paul Clift, for a Site
Specific Development Plan and Planned Unit Development Final Plan,PF#1020,for22 residential
lots and 32 acres of common 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 Board of County Commissioners shall review and approve the signed
and dated Improvements Agreement According to Policy Regarding
Collateral for Improvements(Public Road Maintenance),including the form
of collateral. The security for the Agreement shall be tendered and accepted
by the Board of County Commissioners.
The Department of Planning Services requests an itemized accounting of the
landscape and trail improvements for review and approval.
B. The Restrictive Covenants for Appaloosa Acres Estates PUD shall be
approved by the Weld County Attorney's Office and be ready for recording
in the Office of the Clerk and Recorder. The document shall be submitted
to the Department of Planning Services,accompanied with the appropriate
recording fee($6.00 for the first page and$5.00 dollars for each subsequent
page).
C. The applicant shall submit a Certificate from the Secretary of State showing
that the Homeowners'Association has been formed and is registered with
the State of Colorado. Written evidence of such shall be submitted to the
Department of Planning Services.
D. 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).
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E. The Plat shall be amended to include the following:
1) The Plat shall be prepared in accordance with Section 27-9-20 of the
Weld County Code.
2) All sheets of the plat shall be labeled with the case number, PF-1020.
3) The most recent version of "Weld County's Right to Farm" as
provided in Appendix 22-E of the Weld County Code shall be placed
on any recorded plat.
4) Primary and secondary septic system envelopes shall be designated
on the plat. Each envelope must meet minimum current setbacks as
specified in the Weld County Individual Sewage Disposal System
Regulations.
5) The Landscape Plan and Maintenance Schedule,as approved by the
Department of Planning Services. The Landscape Plan shall adhere
to the requirements of Section 27-6-60 of the Weld County Code.
The Landscape Plan shall be delineated in a legible font for all
call-outs with the Plant Material List, including botanical name,
common name,species as applicable,size of material and whether
it is in a can or balled and burlapped.
6) The location and dimension of the bus pull-off/pull-out area and bus
shelter, as required by the Eaton School District RE-2 and the Weld
County Sheriffs Office.
7) The location of the multiple mail box delivery unit,as stipulated by the
Eaton Post Office in its letter to the applicant, dated July 20, 2004.
8) The location of the subdivision sign.
9) The subdivision monument sign shall be located outside of the sight
distance triangles.
10) The location of the residential fire hydrants, spaced 600 feet on
center. No residential structure shall be 300 feet from the hydrant.
F. The applicant shall address the concerns and recommendations of the
Utilities Coordinating Advisory Committee, as stated at the February 10,
2005, hearing, specific to providing additional utility easements.
The Utilities Coordinating Advisory Committee requested an additional twenty
(20)foot wide easement adjacent to Weld County Road 74, with a second
easement around the entire parameter of the area adjacent to Weld County
Road 74 and the property perimeter. Further, the Utilities Coordinating
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Advisory Committee requested that the twelve(12)foot bridle path and utility
easement note be delineated in all places on the final plat.
G. The applicant shall specify the Homeowners'Association method of open
space and/or landscape maintenance in accordance with the approved
Landscape Plan.
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 Planned Unit Development (PUD) shall consist of twenty-two (22)
residential lots and 35 acres of common open space. The PUD allows for
E(Estate)Zone District bulk requirements,except for the minimum lot size,
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. Water service shall be provided by the North Weld County Water District.
C. This PUD 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.
Septic systems shall be designed for site-specific conditions including, but
not limited to, shallow groundwater, bedrock, gravel and/or clay.
D. 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. Language for the preservation and/or
protection of the second absorption field envelope shall be placed on all
recorded plats and in the development Covenants. The Covenants shall
state that activities such as permanent landscaping,structures,dirt mounds
or other items are expressly prohibited in the absorption field site.
E. The applicant shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public Health and
Environment. Silt fences shall be maintained on the down gradient portion
of the site during all parts of the construction phase of the project.
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.
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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 that 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 (HOA)shall be established prior to the sale of
any lot. Membership in the HOA is mandatory for each parcel owner. The
HOA is responsible for liability insurance, taxes and maintenance of open
space,streets,private utilities,and other facilities. Open space restrictions
are permanent.
J. 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.
K. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
L. Weld County's Right to Farm, as stated in Chapter 22 of the Weld County
Code shall be recognized at all times.
M. A separate building permit shall be obtained prior to the construction of any
building. Permits are required for any sign, bus shelter or access gate, if
provided.
N. A plan review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two (2) complete sets of
plans are required when applying for a permit.
O Buildings shall conform to the requirements of the various codes adopted by
Weld County at the time of permit application. Current adopted Codes
include the 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 building will require an engineered foundation based on a site-specific,
geo-technical report or an open hole inspection conducted by a Colorado
registered professional engineer. Engineered foundations shall be designed
by a Colorado registered professional engineer.
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Q. 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 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 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.
R. Any signs located on the property shall require building permits and adhere
to Section 27-6-90 of the Weld County Code.
S. The property owner shall be responsible for complying with all regulations
and requirements of Chapter 27 of the Weld County Code, including the
Performance Standards listed in Articles II and VIII.
T. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
U. 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.
V. The applicant shall comply with Section 27-8-50 Weld County Code, as
follows: Failure to submit a Planned Unit Development Final Plan-IfaPUD
Final Plan application is not submitted within three(3)years of the date of the
approval of the PUD Zone District,the Board of County Commissioners shall
require the landowner to appear and present evidence substantiating that the
PUD project has not been abandoned and that the applicant possesses the
willingness and ability to continue with the submission of the PUD Final Plan.
The Board may extend the date for the submission of the PUD Final Plan
application and shall annually require the applicant to demonstrate that the
PUD has not been abandoned. If the Board determines that conditions or
statements made supporting the original approval of the PUD Zone District
have changed,or that the landowner cannot implement the PUD Final Plan,
the Board of County Commissioners may, at a public hearing, revoke the
PUD Zone District and order the recorded PUD Zone District reverted to the
original Zone District.
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
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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 the Weld County Code. The Mylar plat and
additional requirements shall be submitted within thirty(30)days from the date the
Board of Weld County Commissioners Resolution was signed. The applicant shall
be responsible for paying the recording fee.
4. Prior to the release of any building permits:
A. The applicant shall supply the designated street signs and Stop signs at the
appropriate location.
B. The applicant shall supply evidence to the Department of Planning Services
that all requirements of the Eaton Fire Protection District have been met.
C. 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.
D. The applicant shall supply and post the required signs addressing the
non-potable water source. All spigots utilizing non-potable water shall be
posted at all times. The language for each sign shall state: "This water has
not been treated and is not safe for drinking or cooking purposes."
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: tatedad)` IE ils, ♦ � /�
Will , C`William H. Jer - Chair
Weld County Clerk to thear X :�,r,
. J. Geile, Pro-Tem
BY: Deputy Clerkto the o. . e�� EXCUSED
Davin));
APP D AS TO FO I/0 ..-
Robe D. Masd n
ci nt Attorney !bib
Glenn Vaac'
Date of signature: ��
2005-0937
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