HomeMy WebLinkAbout20002513.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, S#549, FOR 114 LOTS - CULLISON FAMILY FARMS,
LLC/GEORGE A. NELSON FARM, INC., CIO EVERITT COMPANIES
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 18th day of October, 2000, at 10:00 a.m.
for l:he purpose of hearing the application of Cullison Family Farms, LLC/George A. Nelsor
Farm, Inc., do Everitt Companies, 3030 South College Avenue, Fort Collins, Colorado 80525,
requesting a Site Specific Development Plan and Planned Unit Development Final Plan,
S #549, for 114 Lots, for a parcel of land located on the following described real estate, to-wit:
Part of Section 28 and 33, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented at said hearing by Stan Everitt, Everitt
Companies, and
WHEREAS, Section 7.4 of the Weld County Planned Unit Development Ordinance
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 recuest
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 7.3 et seq., of the Weld County Planned Unit Development Ordinance.
2. The request is in conformance with Section 7.5.2 of the Weld County Planned
Unit Development Ordinance as follows:
A. Section 7.5.2.1 -- The proposal is consistent with the Comprehensive
Plan, Zoning and Subdivision Ordinances, Mixed Use Development
Ordinance, if applicable, and any Intergovernmental Agreement in effect
influencing the Planned Unit Development.
1) UGB.Goal 2 states, "Concentrate urban development in or
adjacent to existing municipalities or the 1-25 Mixed Use
Development area, and maintain urban growth boundary areas
that provide an official designation between future urban and none
urban uses."
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PUD FINAL PLAN, S #549 - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARM,
INC., C/O EVERITT COMPANIES
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2) A.Goal 4 states, "...provide a mechanism for the division of land
which is agriculturally zoned."
3) A.Goal 6 states, "Public facilities and services such as sewer,
water, roads, schools, and fire and police protection must be
provided and developed in a timely, orderly, and efficient manner
to support the transition of agricultural land to urban
development."
4) Change of Zone #537 was approved based on consistency with
the Comprehensive Plan, as stated above.
b. Section 7.5.2.2 -- The uses which will be allowed in the proposed
Planned Unit Development will conform with the Performance Standards
of the Planned Unit Development Zone District contained in Section 2 of
the Planned Unit Development Ordinance
c. Section 7.5.2.3 -- 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
the Comprehensive Plans or Master Plans of affected municipalities.
d. Section 7.5.2.4 -- The Planned Unit Development Zone District will oe
serviced by an adequate water supply and sewage disposal system in
compliance with the Performance Standards in Section 2 of the Planned
Unit Development Ordinance.
e. Section 7.5.2.5 -- 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
Planned Unit Development Zone District.
f. Section 7.5.2.7 -- The site does not lie within any overlay dwstrict identified
by the maps officially adopted by Weld County. The proposal is located
within the Windsor Road Impact Fee Area. The proposed rezoning does
not include any area known to contain a commercial mineral deposit in a
manner which would interfere with the present or future extraction of such
deposit by an extraction to any greater extent than under the present
zoning of the property. A Geotechnical engineering report with
engineered blueprints are required for the foundation and structure of any
residential structure.
g. Section 7.5.2.8 -- The proposed Planned Unit Development Final Plan
uses are compatible with the criteria listed in the Developmental Guide
The Planned Unit Development Final Plan exactly conforms to the
Developmental Guide.
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PUD FINAL PLAN, S #549 - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARM,
INC., 0/O EVERITT COMPANIES
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f. This application has been determined to be in compliance with the
proposed Amendment 24 to the Colorado Constitution of a new article
XXVIII, as development of land which is consistent with a valid
development application which had been filed as of September 13. 2000,
pursuant to proposed Article XXVII 9 (2).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Cullison Family Farms, LLC/George A. Nelson
Farm, Inc., c/o Everitt Companies, for a Site Specific Development Plan and Planned Llnil
Development Final Plan, S #549, for 114 lots, on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
1. Prior to Recording the Planned Unit Development Final Plat:
A. The plat shall include the following:
1) The text of the Right to Farm Covenant as stated on Page 7-1 of
the Weld County Comprehensive Plan, effective March 25, 2000
2) The name of the streets, which shall not conflict with any other
streets within the particular U.S. Postal area or the County.
3) A typical cross section of the internal road reflecting right-of way
width and depth of asphalt, base, and shoulder.
4) The utility map shall include utility provider signature blocks, as
indicated in the Utility Board Hearing held on September 28, 2000.
5) The storm sewer system shall be incorporated on the plat as
stated in the Conditions of Approval.
B. The applicant shall obtain approval of the Restrictive Covenants for the
Soaring Eagle Planned Unit Development Final Plan from the Weld
County Attorney's Office and be ready for recording in the Office of the
Clerk and Recorder.
C. The applicant shall demonstrate recording information of all easements
which are shown on the plat.
D. Evidence that the Colorado Division of Water Resources has approve°
the Water Supply Information Summary which shall be submitted tc the
Department of Planning Services.
E. A signing and striping plan shall be included in the roadway plans.
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F. Landscaping within the intersection sight distance triangle shall be less
than 3.5 feet at maturity. The entrance grades shall be adjusted.
G. The right-of-way shall be acquired for the State Highway 257
realignment.
H. The drainage report shall be resubmitted to meet the requirements of the
subdivision regulations.
The storm sewer system will be maintained by the Homeowners'
Association.
J. A provision shall be made for pedestrian circulation.
K. The applicant shall submit a final copy of the Environmental Management
Handbook for review and comment by the Weld County Department of
Public Health and Environment.
L The applicant shall provide evidence to the Weld County Department of
Planning Services that all conditions of the Windsor-Severance Fire
Protection District have been addressed to the District's satisfaction.
M. Street design shall include features that reduce speed on the residential
streets.
N. The applicant shall submit evidence to the Weld County Department o1
Planning Services that the requirements of the Colorado Department of
Transportation have been met.
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 one hundred fourteen (114) Estate-type lots and
65.915 acres of common open space. The Change of Zone allowed for
Estate uses (114 lots) which shall comply with the E (Estate) Zone District
requirements as set forth in Section 36 of the Weld County Zoning
Ordinance. The common open space shall be owned and maintained [n
accordance with Section 6.3.5 of the Planned Unit Development
Ordinance.
B. Water service shall be provided by the North Weld County 'Water District.
C. Primary and secondary septic system envelopes and a building envelope
shall be designated on each lot. Septic system envelopes shall meet the
setback to the Larimer Weld Canal, as well as other required setbacks as
described in the Weld County Individual Sewage Disposal Systern
(I.S.D.S.) Regulations.
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PLO FINAL PLAN, S #549 - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARM,
INC., 0/0 EVERITT COMPANIES
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D. Language for the preservation and/or protection of the second absorption
field envelope in the Development Covenants shall be provided. The
Covenants shall state that activities such as landscaping (i.e., planting of
trees and shrubs) and construction (i.e., auxiliary structures, dirt mounds,
etc.) are expressly prohibited in the designated absorption field site
E. 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. The applicant shall obtain a Storm Water Discharge Permit from the
Water Quality Control Division of the Colorado Department of Public
Health and Environment, if required.
G. During development of the site, all land disturbance shall be conducted
so that nuisance conditions are not created. If dust emissions crea:e
nuisance conditions, at the request of the Weld County Departmenl 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 or
land must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
1) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six 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.
I. The Site Grading Plan, as outlined in documentation submitted with the
Sketch Plan materials, from Northern Engineering Services, Inc., dated
April 14, 2000, and Paragon Consulting Group, dated April 25, 2000,
shall be followed.
J. The site shall be developed in accordance with the comments and
requirements of the Colorado Geological Survey, as outlined in referra'.
letters dated October 20, 1999, and October 12, 2000.
K. 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.
L. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
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PhD FINAL PLAN, S #549 - CULLISON FAMILY FARMS, LLC/GEORGE A. NELSON FARM,
INC., C/O EVERITT COMPANIES
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M. Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
N. The text of the Right to Farm Covenant as stated on Page 7-1 of the
Weld County Comprehensive Plan, effective March 25, 2000.
O. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance, which shall be subject
to all rights of referendum and judicial review including challenges
pursuant to Amendment 24.
P. The applicant shall comply with Sections 8.7, 8.8, 8.9 and 8.10 of the
Planned Unit Development Ordinance.
Q. Soaring Eagle Planned Unit Development is located within the Windscr
Traffic Impact Fee area. Fees will be assessed at the time of building
permits.
R. A proponent of the project shall notify the Office of the Army Corps of
Engineers 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 dredge or
fill material, and any excavation associated with a dredged or fill project.
either temporary or permanent, in waters of the United States which may
include ephemeral, intermittent and perennial streams, lakes, ponds or
wetlands takes place at this site.
3. The Final Plat shall be submitted to the Department of Planning Services f r
recording within 30 days of approval by the Weld County Board of
Commissioners.
4. Prior to building permits:
A. Proper building permits shall be obtained prior to any construction.
remodeling, demolition or excavation.
B. Building permits are required for any accessory buildings being
constructed or moved onto the property. Any accessory buildings
containing livestock or poultry, shall be wired according to Article 547 of
the 1999 National Electrical Code (NEC).
C. Separate building permits are required for all monument signs, traffic
signals, etc. Signs shall adhere to Section 42 of the Weld County Zoning
Ordinance. Engineering may be required.
D. Separate electrical permits are required for electrical services and wiring
to irrigation systems.
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INC., C/O EVERITT COMPANIES
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E. Engineered foundations are required for all primary residences and may
be required for accessory buildings. Engineered foundations shall be
based on a site-specific Geotechnical Report or an open hole inspection
performed by a Colorado Licensed Engineer. Any fill material shall
contain no rock or similar irreducible material with a maximum dimension
greater than 12 inches. All fills shall be compacted to a minimum of 90
percent of maximum density. Engineering reports shall be supplied for all
fill material.
F. All buildings or structures shall maintain distances from property lines and
adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building
Code.
G. Setbacks to oil and gas facilities shall be as required by the Weld County
Zoning Ordinance for the E (Estate) Zone District.
H. Development documents shall be supplied to the appropriate Fire District
for its review. The Fire District may have additional requirements.
I. At the time an application is accepted for a building permit, a plan review
will be done. A complete review of the building or structure by the Weld
County Department of Building Inspection or the Fire District may reveal
other building issues or areas needing attention.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i ���� ✓ `S (1_,),V.16,1 at ./ / U> Z/ii.E
Barbara J. Kir ,eyer, Chair
Weld County Clerk to th'gr Bo C5ir /
1 M. J Gene, pro-Tem
BY: ,...FL. ... • OI.r_ _% . .,•
Deputy Clerk to the fir EXCUSED
� �� George E. Baxter
APPROVED AS TO FORM:
l /C> Dale K. Hall
County Attorney ]/U� %�
Glenn Vaad
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