HomeMy WebLinkAbout20031918.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #543, FOR SEVEN (7) LOTS, LONG'S PEAK ESTATES - DARYLL
AND CAROL PROPP
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 3rd day of September,2003,at 10:00 a.m.for
the purpose of hearing the application of Daryll and Carol Propp, 12600 West Colfax Avenue,
Suite B-130,Lakewood,Colorado 80215,requesting a Site Specific Development Plan and Planned
Unit Development Final Plan,PF#543,for seven(7)lots, Long's Peak Estates,fora parcel of land
located on the following described real estate, to-wit:
Part of the N W 1/4,and part of the NE1/4/4 of Section 9,
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by John Rinko, Rinko, LLC,
12081 West Alameda Parkway#254, Lakewood, Colorado 80228, 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. The proposed site is not influenced by
any intergovernmental agreements or the Mixed Use Development area. The
proposal is consistent with the aforementioned documents as follows:
1) Section 22-2-60.A, A.Goal 1 -- "Conserve agricultural land for
agricultural purposes which foster the economic health and
continuance of agriculture." Provisions have been made to preserve
agricultural land. The parcel is situated on farmground labeled as
"Prime"on the U.S.D.A. Soils Map dated 1979. Farmground, such
as the land under consideration, is recognized by Chapter 22 of the
Weld County Code as an important element in the County's
economy. Section 22-2-60.G.1 (A.Policy 7.1)states,"Weld County
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PUD FINAL PLAN, PF#543 - DARYLL AND CAROL PROPP
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recognizes the right to farm. In order to validate this recognition Weld
County's Right to Farm has been established which shall be
incorporated on all pertinent land use plats." The Department of
Planning Services will require Weld County's Right to Farm to appear
on the recorded plat.
2) Section 22-2-60.B, A.Goal 2 — "Conversion of agricultural land to
urban scale residential, commercial, and industrial uses will be
considered when the subject site is located inside an approved
intergovernmental agreement area,urban growth boundary area, I-25
Mixed Use Development area,or urban development nodes,or where
adequate services are currently available or reasonably obtainable."
The application proposes non-urban scale development as defined
by Section 27-2-140 of the Weld County Code, which 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." This proposal includes public
water and consists of seven (7)PUD residential lots with E (Estate)
zone uses,Outlot Awith 4.997 acres,and Outlot B with 0.275 acres,
for a total of 5.27 acres. The minimum proposed lot size of 2.82
acres,coupled with the overall density of one septic system per 4.08
acres,meets current policy of the Weld County Department of Public
Health and Environment. Section 27-2-190 defines urban scale
development as that development that either exceeds nine(9)lots or
is located within close proximity to existing PUDs, subdivisions,
municipal boundaries or urban growth boundaries. The subject site
is located west of and adjacent to the Scott's Acres development,
thus urban scale development standards shall be imposed.
3) Section 22-2-210.D.2, PUD.Policy 4.2—"A planned unit development
which includes a residential use should provide common open space
free of buildings,streets,driveways or parking areas. The common
open space should be designed and located to be easily accessible
to all the residents of the project and usable for open space and
recreation..." The proposed open space of 4.997 acres meets the
requirements of PUD.Policy 4.2.
4) Section 22-3-50.B, P.Goal 2 -- "Require adequate facilities and
services to assure the health, safety, and general welfare of the
present and future residents of the County." The application has
satisfied Chapter 27 of the Weld County Code in regard to water
service. Water is to be provided by the Left Hand Water District.
Evidence of pre-purchased water taps from the Left Hand Water
District is provided in the application materials. The application has
satisfied Chapter 27 of the Weld County Code in regard to sewer
service. Sewer will be provided by individual sewage disposal
systems. Primary and secondary septic system envelopes shall be
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designated on each lot. Language for the preservation and/or
protection of the second absorption field enveloped is in the
development Covenants.
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. An approved
On-site Improvements Agreementwill be required prior to recording the plat.
All other Performance Standards have been addressed prior to the Final
Plan.
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,
nor is the applicant proposing an urban scale development. Weld County's
Right To Farm has been attached to the Final Plat thus informing any new
residents that the area of the surrounding community is agricultural in nature.
This proposal is located within the three-mile referral boundaries of the
Towns of Dacono, Erie, Firestone and Frederick, the City and County of
Broomfield,and Boulder County. The Towns of Erie, Dacono,Firestone,and
Frederick reviewed this proposal and indicated no conflicts exist. The City
and County of Broomfield reviewed this proposal and indicated no conflicts
exist. No referral response was received from Boulder County. The
Department of Planning Services believes 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 in Chapter 27,Article II,of the
Weld County Code. The Left Hand Water District has indicated its ability and
willingness to service this application. Sewage disposal will be provided by
individual sewage disposal systems.
e. Section 27-7-40.D.2.e --Streetorhighwayfacilitiesprovidingaccesstothe
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 has provided development referral comments that shall be
resolved prior to recording of the final plat.
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 shall submit an Off-site Road Maintenance and
Improvements Agreement regarding access to the development via public
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gravel roadways. The applicant shall be responsible for a share of the cost
of future paving and dust control, proportional to the impact of the
development.
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. The Conditions of Approval will ensure
that the site is developed according to the Colorado Geological Survey
recommendations as outlined in the referral letter dated August 13, 2001.
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 Daryll and Carol Propp for a Site Specific Development
Plan and Planned Unit Development Final Plan, PF#543,for seven(7)lots, Long's Peak Estates,
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
Improvements Agreement According to Policy Regarding Collateral for
Improvements,including the form of collateral. The applicant shall submit a
signed and dated copy of this document prior to Board approval. The
security for the agreement shall be tendered and accepted by the Board of
County Commissioners.
B. The applicant shall submit an Off-site Road Maintenance and Improvements
Agreement addressing access to the development via public gravel
roadways to the Department of Public Works. A proposed off-site road
improvements agreement that will share the cost of future paving and dust
control,proportional to the impact of the development,shall be submitted for
review by the Department of Public Works. The applicant shall be
responsible for dust suppression(chemical)during the time the development
is under construction. The security for the agreement shall be tendered and
accepted by the Board of County Commissioners.
C. Public and Private Improvements Agreements were submitted;however,the
agreements should be combined into one due to the fact that both areas will
be maintained by Weld County.
D. The Restrictive Covenants for Long's Peak Estates shall be approved by the
Weld CountyAttorney's Office and be ready for recording in the Office of the
Clerk and Recorder.
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E. The plat shall be amended to show the locations of all fire hydrants, as
approved by the Mountain View Fire Protection District.
F. The applicant shall submit stamped, signed, and dated final plat drawings
and roadway/construction and grading plan drawings to the Department of
Public Works for review and approval. Construction details must be
included. This is consistent with Section 24-3-50 of the Weld County Code
which states, "The PUD final plat submitted shall contain the original
signatures and seals of all parties required." The drawings shall also
address the recommendations of the Geotechnical Engineering Report by
Terracon dated June 18, 2002.
G. Stop signs and street name sign locations must be shown on the final
roadway construction plans.
H. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage for the final 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.
Weld County's Right to Farm, as provided in Appendix 22-E of the Weld
CountyCode,shall be placed on the plat and shall be recognized at all times.
J. Easements shall be shown on the final plat in accordance with
Section 24-7-60 of the Weld County Code, and/or Utility Board
recommendations. Easements shall follow rear and side lot lines whenever
practical and shall have a minimum total width of twenty (20) feet
apportioned equally on abutting properties. Where front line easements are
required, a minimum of fifteen (15) feet shall be allocated as a utility
easement.
K. The applicant shall dedicate a contiguous 20-foot easement across Outlot A
adjoining the two sides of the development for the final plan application.
L. The applicant shall dimension, label, and dedicate a minimum of 30 feet of
right-of-way from the centerline of Weld County Road 12 on the final plat.
Weld County Road 12 is gravel between Weld County Roads 5 and 7.
M. The applicant shall clarify the unresolved issues noted by the surveyor notes
#5 through #10 on the final plat.
N. The Final Drainage Report by Welsch Design Consultants, Inc., dated
July 29,2002, is acceptable, but must be stamped, signed, and dated by a
professional engineer licensed in the State of Colorado. The Drainage Plan
drawing shall identify the irrigation lateral and storm pipes 1 and 2.The Final
Drainage Report must include a copy of the FEMA map for the flood hazard
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review. The engineer shall reference the specific map panel number,
including date. The development site shall be located on the copy of the
FEMA map.Written evidence of approval by the Department of Public Works
shall be provided to the Department of Planning Services.
O. The applicant shall submit written evidence of the irrigation ditch company's
acceptance of the road crossings to the Department of Public Works.
P. The applicant shall provide written evidence that an agreement has been
reached with affected parties regarding the changes to the laterals,and that
provisions have been made for access and maintenance for the head gates
and laterals.
Q. The applicant shall attempt to address the requirements and concerns of the
Mountain View Fire Protection District, as stated in the referral response
dated May 30,2003. Written evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
R. The applicant shall attempt to address the requirements and concerns of the
United Power, Inc., as stated in the referral response dated May 28, 2003.
Written evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
S. A utility sign off sheet with signatures shall be placed on the plat.
T. The approved Landscape Plan shall be in compliance with Section 27-9-30
of the Weld County Code.
U. The applicant shall submit written evidence from the Left Hand Water District
that the water agreement, dated January 1999, is still valid and can be
executed upon recording the final plat.
V. Primary and secondary septic system envelopes shall be designated on
each lot. Septic system envelopes should meet the required setbacks as
described in the Weld County Individual Sewage Disposal System(I.S.D.S.)
Regulations.
W. The final plat shall comply with Section 27-9-20 of the Weld County Code.
X. The building envelope(s)shall be delineated on the plat.Additional building
envelopes shall be labeled "alternative building envelope." All building
envelopes shall take into consideration impacts to productive farm ground,
as well as the location of incompatible uses, floodplain, ditches,wetlands,
geological hazards,accesses,preferable locations,oil/gas easements and
oil/gas structures which must meet setbacks as required by Section 23-6-10
of the Weld County Code,and the requirements of the Colorado Geological
Survey.
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Y. Language for the preservation and/or protection of the second absorption
field envelope shall be placed in the development Covenants.
2. The Final Plan is conditional upon the following and that each be placed on the final
plat as notes prior to recording:
A. The Planned Unit Development shall consist of seven (7) lots. The PUD
allows for E(Estate)zone uses as set forth in Section 23-3-410 of the Weld
County Code,and as indicated in the application materials on file. The PUD
is subject to,and governed by,the Conditions of Approval stated hereon and
all applicable Weld County regulations.
B. The site shall be developed in accordance with the recommendations
contained in the Geotechnical Report and the recommendations of the
Colorado Geological Survey contained in the letter dated August 13,2001,
E-mail dated July 14,2003,and letter dated December 2001. Lots 3 through
7 are located in a geohazard zone over a shallow coal mine.
C. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
D. The applicant shall utilize water from the Left Hand Water District.
E. A Weld County septic permit is required for each proposed septic system
and shall be installed according to the Weld County I.S.D.S. Regulations.
Each septic system shall be designed for site-specific conditions including,
but not limited to, maximum seasonal high groundwater, poor soils, and
shallow bedrock.
F. Activities such as landscaping (i.e. planting of trees or shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly
prohibited in the designated second absorption field site.
G. The applicant shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public Health and
Environment, if required. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
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.
During the development of the site,all land disturbance 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
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Health and Environment, a Fugitive Dust Control Plan must be submitted.
J. 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.
K. 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, private utilities, and other facilities. The streets will be the
responsibility of the Association until they are accepted by Weld County,
which is projected to be one year. Open space restrictions are permanent.
L. All signs, including entrance signs, shall require Building Permits. Signs
shall adhere to Sections 23-4-80 and 27-6-90 of the Weld County Code.
M. Outdoor storage shall be screened from public rights-of-ways and adjacent
properties.
N. Building Permits shall be obtained prior to the construction of any building.
O. A Geological Hazard Permit will be required for any construction on Lots 3
through 7.
P. A Plan Review is required for each building. Two complete sets of plans are
required when applying for each permit.
Q. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include the
1997 Uniform Building Code (UBC), 1998 International Mechanical Code
(IMC), 1997 International Plumbing Code (IPC), 2002 National Electrical
Code (NEC), and Chapter 29 of the Weld County Code.
R. The Geotechnical Engineering Report by Terracon, dated June 18, 2002,
states that mapping by the Colorado Geological Survey indicates bedrock,
weathered bedrock,and colluvium may have high swell potential. The site
is in an area of severe subsidence hazard.
S. 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.
T. Building height shall be limited to the maximum height allowed per UBC
Table 5-B. Wall and opening protection and limitations shall be in
accordance with UBC Table 5-A. Separation of buildings of mixed
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occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by the Weld
County Code.
U. Building height shall be measured in accordance with the 1997 UBC 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 27 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.
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 inspection. Approved building and
foundation plans shall be on the site and available to inspectors for each
inspection.
V. 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.
W. Weld County's Right to Farm, as provided in Appendix 22-E of the Weld
County Code, shall be recognized at all times.
X. The Department of the Army should be notified bya proponent of the project
for proper Department of the Army permits or changes in permit
requirements, pursuant to Section 404 of the Clean Water Act, if any work
associated with this project requires the placement of dredged or fill material,
and any excavation associated with a dredged or fill project,either temporary
or permanent,in waters of the United States takes place at this site. Waters
of the U.S. include ephemeral, intermittent, and perennial streams, their
surface connected wetlands and adjacent wetlands and certain lakes,ponds,
drainage ditches, and irrigation ditches that have a nexus to interstate
commerce.
Y. Section 27-8-70 of the Weld County Code-Failure to Commence a Planned
Unit Development 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 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
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.
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Z. 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.
AA. 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 the release of any Building Permits:
A. The applicant shall supply a designated street sign and Stop sign at the
appropriate location.
B. The applicant shall attempt to address the requirements and concerns of the
Mountain View Fire Protection District, as stated in the referral response
dated May 30,2003. Written evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
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. A Plan Review is required for each building. Two complete sets of plans are
required when applying for each permit.
E. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include the
1997 Uniform Building Code (UBC), 1998 International Mechanical Code
(IMC), 1997 International Plumbing Code (IPC), 2002 National Electrical
Code (NEC), and Chapter 29 of the Weld County Code.
F. 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.
G. A Geological Hazard Permit will be required for any construction on Lots 3
through 7.
H. Building height shall be limited to the maximum height allowed per UBC
Table 5-B. Wall and opening protection and limitations shall be in
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accordance with UBC Table 5-A. Separation of buildings of mixed
occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by the Weld
County Code.
Building height shall be measured in accordance with the 1997 UBC 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 27 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.
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 inspection. Approved building and
foundation plans shall be on the site and available to inspectors for each
inspection.
4. 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
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 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 Commissioners' Resolution. The applicant shall be
responsible for paying the recording fee.
5. 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).
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 3rd day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
��� W COUNTY, COLORADO
ATTEST: 4,di/
Davi E. Long, Chair
Clerk to the Board
wt!yv 7 Robert D asden, r - e
, 1861
1 �?g le to the Board
M. J. Geile
[ ,AS �.
Williamm H. Jerke
minty Attorn-
Glenn Vac'�
Date of signature: 9 1—d2t
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