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HomeMy WebLinkAbout970659.tiffRESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN, S #415, FOR LITTLE THOMPSON VALLEY ESTATES - KEVIN AND DINA MCCARTY 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 9th day of April, 1997, at 10:00 a.m. for the purpose of hearing the application of Kevin and Dina McCarty, Little Thompson Valley Estates, 4026 Niobe Court, Loveland, Colorado 80538, requesting a Site Specific Development Plan and Planned Unit Development (PUD) Final Plan, S #415, for a parcel of land located on the following described real estate, to -wit: Part of the E1/2 of the SE1/4 of Section 21, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, Kevin McCarty, applicant, was present and represented by Kris Pickett, Pickett Engineering, at said hearing, and WHEREAS, Section 28.14 of the Weld County Zoning Ordinance provides standards for review of such a PUD 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 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 PUD Final Plan is consistent with the Weld County Comprehensive Plan and is compatible with the future development as permitted by existing PUD Districts and plans of affected municipalities. The Towns of Johnstown and Mead have reviewed this request and have no conflict of interest. The Town of Berthoud reviewed this request. Concerns of the Town of Berthoud have been addressed in the Conditions of Approval. 970659 PL1041 et. , L; P6v).* (F-')) /v1C(Grfy) 4.eitatt; 4s PUD FINAL PLAN - LITTLE THOMPSON VALLEY ESTATES / MCCARTY PAGE 2 B. The PUD Final Plan conforms to the approved PUD District. The Utility Coordinating Advisory Committee reviewed and conditionally approved the PUD utility plan at its February 13, 1997, meeting. C. The uses, buildings, and structures shall be compatible with the existing and future development of the surrounding area as permitted by the existing zoning and with the future development projected by the Comprehensive Plan or Master Plan of affected municipalities. D. The proposed PUD Final Plan conforms with the performance standards in Section 35.3 of the Weld County Zoning Ordinance. E. The proposed PUD Final Plan will be in compliance with the Weld County Zoning Ordinance, Section 50, overlay districts. Portions of the subject property lie in the floodplain. No construction is planned in the floodplain. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Kevin and Dina McCarty, Little Thompson Valley Estates, 4026 Niobe Court, Loveland, Colorado 80538, requesting a Site Specific Development Plan and Planned Unit Development (PUD) Final Plan, S #415, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the PUD Final Plan plat: A. The Board of County Commissioners shall review and approve the subdivision for off -site and on -site improvements 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. 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. C. The applicant shall submit evidence to the Department of Planning Services that the proposed fire protection system will meet the standards of the Berthoud Fire Protection District. D. A landscape plan shall be submitted to the Department of Planning Services for review and approval. 970659 PL1041 PUD FINAL PLAN - LITTLE THOMPSON VALLEY ESTATES / MCCARTY PAGE 3 E. The applicant shall submit in writing to the Department of Planning Services a request to withdraw RE #1503 which was conditionally approved by the Board of Weld County Commissioners on July 7, 1993. 2. The plat shall be amended as follows: A. The plat shall be amended to show a 15 -foot utility easement along the perimeter boundary of the southern, western, and northern portions of the subject property with a tie into the existing utility easements along the eastern portion of the property. B. Section A -A shall be amended from 12 -inch culverts at the driveway to the County requirement of 15 inches for driveway culverts. C. The applicant shall revise Exhibit A-1 as required by Don Carroll of the Weld County Public Works Department in his referral dated January 29, 1997. 3. The following notes shall be placed on the PUD plat prior to recording: A. The uses permitted within the PUD Final Plan include five (5) residential lots, one (1) residential/agricultural lot, and one (1) outlot/common open space, which comply with the PUD Zone District requirements and as described in the application materials. B. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. Little Thompson Water District shall provide domestic water service to all residential uses within the PUD Zone District. D. Sewage disposal shall be provided by an Individual Sewage Disposal System (I.S.D.S.). The systems shall comply with all rules and regulations of the Weld County Health Department. Installation of all utilities shall comply with Section 10 (Design Standards) of the Weld County Subdivision Ordinance. F. All uses within the PUD Final Plan shall comply with the requirements of the Berthoud Fire Protection District. 970659 PL1041 PUD FINAL PLAN - LITTLE THOMPSON VALLEY ESTATES / MCCARTY PAGE 4 G. All streets within the PUD Final Plan are private and shall be built to County standards. The streets shall be maintained by the homeowners association, lot owners, or developer. H. Portions of the subject property lie in the floodplain. All construction or improvements occurring in the floodplain shall comply with the Flood Hazard Overlay District requirements, Section 26, of the Weld County Zoning Ordinance. No animals shall be allowed on any lot until written evidence has been submitted to the Department of Planning Services that the Architectural Control Committee has approved the animal units. 4. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D., 1997. eputy Clerk o the Board APP RM: BOARD OF COUNTY COMMISSIONERS WELD OUNTY, C7Z% Georg E. Baxter, Chair instance L. Harber,r Pro- em Dale) K. Hall /A 5 1,,_ i i x_ /Lc , rbara J. Kirkmeyer I L W. H. Webster 970659 PL1041 Hello