HomeMy WebLinkAbout951033.tiffRESOLUTION
RE: GRANT PLANNED UNIT DEVELOPMENT PLAN AND SITE SPECIFIC DEVELOPMENT
PLAN FOR CONTINENTAL VIEW PONDS, C/O JACK OLBERDING, BILL BEDELL,
JOHN C. WIDERQUIST, AND TERRY A. HENZE
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 17th day of May, 1995, at 10:00 a.m. for the
purpose of hearing the application of Continental View Ponds, Go Jack Olberding, Bill Bedell,
John C. Widerquist, and Terry A. Henze, 825 Grape, Boulder, Colorado 80304, requesting a
Planned Unit Development (P.U.D.) Plan and Site Specific Development Plan for a parcel of land
located on the following described real estate, to -wit:
NW% SW% of Section 29, Township 2 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by John Widerquist, and
WHEREAS, Section 28.14 of the Weld County Zoning Ordinance provides standards for
review of such a 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
28.9 et seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 28.14 of the Weld County Zoning
Ordinance as follows:
a. The proposed P.U.D. Plan is consistent with the Weld County
Comprehensive Plan and is compatible with the future developmentas
permitted by the existing P.U.D. District and plans of affected municipalities.
The Tri-City Planning Commission has reviewed the request and found no
conflict with its interest.
b. The P.U.D. Plan conforms to the approved P.U.D. District. The Utility
Coordinating Advisory Committee reviewed and conditionally approved the
P.U.D. utility plan at its March 9, 1995, meeting.
c. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3
of the Weld County Zoning Ordinance.
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d. Portions of the P.U.D. Plan site are located in the Flood Hazard Overlay District
area. Structures associated with this development shall conform with the
regulations of this overlay district.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Continental View Ponds, Go Jack Olberding, Bill Bedell,
John C. Widerquist, and Terry A. Henze, for a Planned Unit Development Plan and Site Specific
Development Plan on the above referenced parcel of land be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the P.U.D. Plan plat:
a. The Board of County Commissioners shall approve the subdivision
improvements agreement and the form of collateral. The security for the
agreement shall be tendered and accepted by the Board of County
Commissioners for the subdivision improvements agreement.
b. Evidence shall be submitted to the Department of Planning Services' staff
that the Division of Water Resources has approved a plan for the
responsibility for the maintenance of the contract with the Association of
District 6 for ongoing water supplies to augment stream depletions caused
by the pond evaporation. Should the responsible party be the homeowners,
the responsibility shall be included in the Homeowners
Agreement/Covenants.
c. The applicant shall submit evidence to the Department of Planning Services
that the covenants approved by the Weld County Attorney's Office are ready
to be recorded.
d. Utility easements on the plat shall be amended as follows:
A 15 -foot utility easement shall be added around the perimeter of the
culdesac.
ii. A 15 -foot utility easement shall be added along the south boundary
of the property, from the southwest corner east to the culdesac.
iii. A 20 -foot utility easement, 10 feet apportioned equally on Lots 3 and
4, shall be added between Lots 3 and 4.
2. The following notes shall be placed on the P.U.D. plat prior to recording:
a. The uses permitted within the P.U.D. Plan include rural residential and
recreational land uses which comply with the P.U.D. Zone District
requirements and as described in the application materials.
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b. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
c. Left Hand Water District shall provide domestic water to the residential uses
on the property.
d. Sewage disposal shall be provided by Individual Sewage Disposal Systems
(I.S.D.S.). Each Individual Sewage Disposal System shall be designed by
a Colorado Registered Professional Engineer. In accordance with Weld
County I.S.D.S. regulations, no more than one I.S.D.S. shall be designed as
an evapotranspiration system.
e. Installation of utilities shall comply with Section 10 of the Weld County
Subdivision Ordinance.
f. All lots within the P.U.D. Plan shall comply with the requirements of the
Mountain View Fire Protection District.
g. The P.U.D. Plan shall consist of eight lots as follows:
Lots 1-5 for residential use
ii. Outlot A for private recreational use and open space
iii. Outlot B, parcel reserved for dedication for public use with future use
in Boulder Creek open space corridor
iv. Outlot C, culdesac providing access from Weld County Road 3.25 to
Lots 2-5
h. Weld County Road 16.5 shall provide access to Lot 1. Ingress and egress
to Lots 2, 3, 4, and 5 shall be provided by an internal street from one access
on Weld County Road 3.25. There will be no direct access from Outlot A to
the County road system. No other accesses to the property shall be
allowed.
All streets within the P.U.D. Plan are private and shall be built to County
standards. The streets shall be maintained by the homeowners association,
lot owners, or developer.
j. Each residence within the P.U.D. Plan shall be set back no less than 100
feet from the property lines which lie adjacent to Weld County roads.
k. Each residence within the P.U.D. Plan shall be constructed with a minimum
ground floor area of 1,500 square feet.
Each structure within the P.U.D. Plan shall have a maximum building height
of 30 feet.
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m. Maximum lot coverage shall not exceed ten percent. The remainder of each
lot shall be open space.
n. Outside storage of equipment, boats, recreational vehicles, automobiles or
machinery shall not permitted.
o. Outlots A and B shall be owned and maintained jointly by the homeowners
association. At such time that ownership of Outlot B is accepted by a public
entity for public use, maintenance of Outlot B shall be discontinued by the
homeowners association.
P. No livestock, poultry, or animals of any kind may be kept on any lot, except
for two dogs or two cats over eight weeks old.
q. Residential construction within the P.U.D. Plan is encouraged to incorporate
designs to prevent radon accumulation.
r. Detached storage sheds shall not be allowed on any lot within the P.U.D.
Plan.
s. Exterior illumination of homes, yards, garages and driveways shall be
restricted as follows:
Sources of light shall be shielded so that beams of light will not shine
directly onto adjacent properties.
ii. Neither the direct or reflected light from any light source may create
a traffic hazard to operators of motor vehicles on public or private
streets.
t. A qualified soils and foundation engineer shall both design and supervise the
construction of all building foundations within the P.U.D. Plan. The
engineer's report shall be submitted with all building permit applications.
u. All liquid and solid wastes shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
v. No permanent disposal of wastes shall be permitted at this site.
w. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
x. Fugitive dust shall be controlled on this site.
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y. A stormwater discharge permit shall be obtained from the Water Quality
Control Division of the Colorado Department of Health for on -site
construction activities if required.
z. Any work on -site requiring the excavation in or placement of dredged or fill
material, either temporary or permanent, into wetlands adjacent to the pond
shall necessitate contacting the Department of the Army Corps of Engineers
for permits pursuant to Section 404 of the Clean Water Act.
3. Prior to the issuance of each building permit, the Architectural Control Committee
shall provide a letter to the Department of Planning Services indicating its approval
of the proposed structure.
4. Prior to the issuance of building permits for Lot 1, the landowner shall submit to and
have approved by the Department of Planning Services a Flood Hazard
Development Permit.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of May, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, CQLOI3ADO
Deputy Cle 7 o the Board
APPR• ED AS TO FORM:
un y A" orney
W. H. Webster
Dale
. Hall, Chairman
( L%
larbara J. Kirkmeyer,
'-0 1
eorge E" Baxter
Fxr:r ISFn
Constance L. Harbert
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