HomeMy WebLinkAbout20052462.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #604, FOR SIX (6) RESIDENTIAL LOTS AND ONE (1)
AGRICULTURAL OUTLOT - DARREL ADOLF AND DELMER ZIEGLER
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 August,2005,at 10:00 a.m.for the
purpose of hearing the application of Darrel Adolf and Delmer Ziegler, P.O. Box 736, Wellington,
Colorado 80549,requesting a Site Specific Development Plan and Planned Unit Development Final
Plan, PF#604,for six(6)residential lots and one(1)agricultural outlot,for a parcel of land located
on the following described real estate, to-wit:
Lot C of Recorded Exemption#2940;being part of the
NE1/4 of Section 29, Township 9 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Michael Chalona, Land
Images, Inc., 1136 East Stuart Street, Building #2, Suite 2040, Fort Collins, Colorado 80525, 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.
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." The site is designated"High potential dry
crop land - Prime if they become irrigated" by the U.S.D.A. No
irrigation water is available for the subdivision.
2) 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 individual wells and individual sewage disposal systems.
The Weld County Department of Public Health and Environment has
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included Conditions of Approval that will ensure the protection of the
health, safety, and general welfare of the residents.
3) 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 Conditions of Approval ensure that all twenty
Performance Standards,as delineated in Section 27-2-10 regarding access,
buffering and screening,bulk requirements,circulation,etcetera,will be met.
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 within the three-mile referral area for
any municipality. Larimer County lies 1.5 miles to the west of the site, and
in a referral dated July 21, 2005, the County indicated no conflicts with its
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 proposed PUD will be serviced by individual wells,
and individual sewage disposal systems will handle the effluent flow. The
applicant has submitted six(6)well permits as evidence of adequate water.
Weld County Department of Public Health and Environment has included
Conditions of Approval to ensure adequate sewer service will be made
available to the site.
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 Conditions of Approval ensure the street facilities will be
adequate.
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 applicant has submitted an Agreement for Improvements
for Weld County Road 17 Road Stabilization for Dust Control, which is
acceptable to the Weld County Department of Public Works. The agreement
must be accepted by the Board of County Commissioners prior to recording
the final plat.
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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 site does not lie within an overlay district. Development on
the site is required to follow the recommendations made in the Preliminary
Geotechnical Subsurface Exploration Report from Earth Engineering
Consultants, Inc.,dated June 22,2001. Further,each 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.
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 Darrel Adolf and Delmer Ziegler for a Site Specific
Development Plan and Planned Unit Development Final Plan, PF#604,for six(6)residential lots
and one(1)agricultural outlot, 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 has submitted an Improvements Agreement According to
Policy Regarding Collateral for Improvements(Private Road Maintenance).
The Agreement has been reviewed and approved by the Department of
Public Works. The Department of Planning Services approval will not be
granted prior to the review of the proposed Landscape Plan. Upon approval
by the Department of Planning Services, the applicant shall submit an
amended Agreement, if required, and the appropriate collateral. The
agreement and collateral shall be approved and accepted by the Board of
County Commissioners prior to recording the final plat.
B. The applicant has submitted an Agreement for Improvements for Weld
County Road 17 Road Stabilization for Dust Control. The Agreement has
been reviewed and approved by the Department of Public Works. The
agreement shall be approved and accepted by the Board of County
Commissioners prior to recording the final plat.
C. The applicant has proposed landscaping at the entrance adjacent to the
development sign. The applicant shall submit a detailed Landscape Plan to
the Department of Planning Services for review and approval. The Plan shall
indicate the source of water and maintenance. Upon approval,the Plan shall
be delineated on the final plat.
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D. The applicant shall submit evidence to the Department of Planning Services
from the Department of Public Works indicating that the following have been
addressed to its satisfaction:
1) The Department of Public Works has reviewed the (July 2005)
Antelope Lane Plan and Profile/Grading Plan, by DMW Civil
Engineers, and determined that the drawings are generally
acceptable. The Typical Section—Interior Streets must be amended
by deleting the option of full depth asphalt on Sheet 1.
2) The Grading and Erosion Control Plan(Sheet 2)must be amended
to correct the cul-de-sac right-of-way radius to 65 feet.
3) The engineer shall show the location(s)of silt fence required during
construction activities,which is in accordance with standard erosion
control plans (Sheet 2).
4) The engineer shall prepare a construction detail for typical lot grading
with respect to drainage for the Final Plan application. Front, rear
and side slopes around building envelopes must be addressed. In
addition, drainage for rear and side lot line swales shall be
considered. Building envelopes must be planned to avoid
stormwater flows, while taking into account adjacent drainage
mitigation.
5) The plans must be resubmitted to the Department of Public Works.
All drawings must be sealed by the engineer of record. This is
consistent with Section 24-3-50 of the Weld County Code.
6) The applicant shall specify the thickness of aggregate base course
for the interior street cross-section in correlation with the Preliminary
Geotechnical Subsurface Exploration Report produced by Earth
Engineering Consultants, Inc.(June 2001). Weld County requires a
minimum of four(4) inch thick Class 6 aggregate base course.
7) The applicant must submit three(3)additional sets of final roadway,
drainage, utility/construction plan drawings (stamped, signed, and
dated) to the Department of Public Works for Weld County Field
Inspectors' use during construction of the subdivision.
E. The Plat shall be amended to include the following:
1) OG.Policy 1.1 of the Weld Comprehensive Plan states"new planned
unit developments or subdivisions should be planned to take into
account current and future oil and gas drilling activity to the extent oil
and gas development can reasonably be anticipated." The applicant
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shall submit an agreement with the mineral owners/lessees or the
final plat shall be amended to indicate the 400-foot by 400-foot and
the 800-foot by 800-foot drilling envelope locations per State statute
for any undrilled site.
2) All changes required by the Weld County Utilities Coordinating
Advisory Committee.
3) The development sign and cluster postal box should be on property
owned and maintained by the Homeowners'Association. A separate
outlot,labeled Outlot B,outside of the Conservation Easement,shall
be created.
4) All sheets of the plat shall be labeled Antelope Estates Cluster PUD
Final Plan, PF-604.
5) The Weld County Department of Public Health and Environment has
raised concerns with the location of the water wells on Lots 2
through 5. The applicant shall submit evidence that the Department
of Public Health and Environment has approved the well locations.
All approved locations shall be delineated on the plat.
F. The applicant shall submit evidence that the County Attorney's Office has
reviewed the proposed Conservation Easement. Any changes required by
the County Attorney's Office shall be incorporated into the Easement. The
final page of the Easement shall include the name of the current Chair of the
Board of County Commissioners.
G. Upon approval by the Weld County Attorney's Office, the finalized
Conservation Easement and the appropriate recording fee($6 for the first
page and$5 for each additional page)shall be submitted to the Department
of Planning Services.
H. The applicant shall submit the appropriate recording fee($6 for the first page
and$5 for each additional page)to the Department of Planning Services,as
well as a deed transferring ownership of the outlot containing the
development sign and cluster postal box to the Homeowners' Association.
The applicant shall resubmit the Covenants for Antelope Estates to the Weld
County Attorney's Office and Department of Planning Services. The original
submittal was not adequate for review. Any changes requested by the Weld
County Attorney's Office or the Department of Planning Services shall be
incorporated.
J. Upon approval by the Weld County Attorney's Office and Department of
Planning Services, the applicant shall submit finalized copies and the
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appropriate fee($6 for the first page and$5 for each additional page)to the
Department of Planning Services for recording the Restrictive Covenants for
Antelope Estates in the Office of the Clerk and Recorder.
K. The applicants'proposed location of the cluster postal box is not acceptable.
The applicant shall relocate the box to a location that is mutually acceptable
to the Weld County Departments of Public Works and Planning Services and
the appropriate Post Office.
L. The applicant shall submit evidence to the Weld County Department of
Planning Services that all proposed street names and lot addresses have
been reviewed by the appropriate Post Office. The applicant shall also
submit evidence that the appropriate Post Office has reviewed and approved
the location of the cluster postal box. Any changes requested by the Post
Office shall be incorporated into the plat.
M. The applicant shall submit evidence to the Department of Planning Services
that the Homeowners' Association has been recorded with the State of
Colorado.
N. The applicant shall submit evidence to the Department of Planning Services
from the Highland School District that the requested cash-in-lieu of land
dedication fee has been paid.
O. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
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 Final Plat allows for (E) Estate Zone uses on Lots 1 through 6. The
Outlots will adhere to the uses allowed in the A(Agricultural)Zone District,
except no residential structures shall be allowed 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. The Colorado Division of Water Resources has indicated that it will not
guarantee issuance of any well permit prior to a completed review of a well
application. Future property owners should ensure that a well permit has
been approved by the Division of Water Resources prior to purchasing a lot.
C. Outlot A is prohibited from residential development for a period of forty(40)
years from the date the Final Plan is approved.
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D. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
E. 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.
F. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
G. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways not maintained or adopted by the County.
H. Water service shall be obtained from six (6) individual wells.
Potential purchasers should be aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public
Health and Environment. Weld County strongly encourages well users to
test their drinking water prior to consumption and periodically thereafter.
J. This subdivision 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.
K. Primary and secondary septic envelopes on each lot must meet all setbacks,
including the setback to all wells.
L. Activities such as permanent landscaping, structures, dirt mounds, animal
husbandry activities, or other activities that would interfere with the
construction,maintenance,or function of the fields,should be restricted over
the absorption field areas while in use.
M. If required, 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.
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N. 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.
O. 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.
P. 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.
Q. A separate building permit shall be obtained prior to the construction of any
building.
R. A plan review is required for each building. Plans may require the wet stamp
of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
S. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, the codes adopted by
Weld County include: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.
T. Each 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.
U. 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.
V. 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 Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback
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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.
W. Development on the site shall follow the recommendations made in the
Preliminary Geotechnical Subsurface Exploration Report from Earth
Engineering Consultants, Inc., dated June 22, 2001.
X. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
Y. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
Z. 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.
AA. The site shall maintain compliance at all times with the requirements of Weld
County Government and the adopted Weld County Code and policies.
BB. All signs,including entrance signs,shall require building permits. Signs shall
adhere to Sections 23-4-70 and 27-6-90 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
CC. The Weld County Department of Public Works shall be notified prior to
placing utilities in the road rights-of-way to determine if permits will be
required.
DD. 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.
EE. 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.
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FF. 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.
3. Prior to construction:
A. The applicant or their agent(s)may be required to obtain permits from the
Weld County Department of Public Works - Utility Agent, for each utility.
4. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit three(3)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
of Approval. The applicant shall also 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). 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 Section 27-9-20
of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
5. 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.
6. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan - 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, after a 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 24th day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:LA/ "2-1, ilvAre
William H. rke, Chair
Weld County Clerk to '_: :a
♦ ! M. J. ile, Pro-Tem
BY:
Deputy Clerk to the Board
D vid E. Long
APP1381yED A M:
Rob . Masde
dunty orney
Glenn Vaad _!
Date of signature: 7
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