HomeMy WebLinkAbout992164.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, S #497, FOR 24 LOTS - MORIAH ESTATES -
SHILOH, INC., % JAMES SCOTT, JR.
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 15th day of September, 1999, at
10:00 a.m. for the purpose of hearing the application of Shiloh, Inc., % James Scott, Jr., 35325
Cornerstone Way, Windsor, Colorado 80550, requesting a Site Specific Development Plan and
Planned Unit Development Final Plan, S #497, for 24 lots, for a parcel of land located on the
following described real estate, to-wit:
A portion of the SW% of Section 4, Township 6
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing on September 15, 1999, the Board deemed it advisable to
continue said matter to September 27, 1999, to allow Department of Planning Services staff
adequate time to post a sign on the property, and
WHEREAS, at said hearing on September 27, 1999, the applicant was represented by
James Scott, Jr., 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 request
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 7.5.2.2 - The uses which would be allowed on the subject
property will conform to the Performance Standards outlined in Section 2
of the Planned Unit Development Ordinance. The approved Conditions
of Approval will ensure that the twenty standards which are outlined in
this section are met.
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B. Section 7.5.2.3 - The uses which would 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 Plan or Master Plans of affected
municipalities. This site is located within the planning area for the Town
of Windsor. The Town has indicated conditional approval of the
application.
C. Section 7.5.2.4 - The Planned Unit Development Zone District shall be
serviced by an adequate water supply and sewage disposal system in
compliance with Section 2 of the Planned Unit Development Ordinance.
Water service for this site will be provided by the North Weld County
Water District, and approved Individual Sewage Disposal Systems will
provide adequate means of sewage removal.
D. Section 7.5.2.5 - The 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
Zone District. The Weld County Public Works Department has made
provision for appropriate access to the lots contained within this Planned
Unit Development.
E. Section 7.5.2.7 - There has been compliance with the applicable
requirements contained in the Zoning Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject
site. This site is not located within any overlay district, as recognized by
Weld County. Adequate provision has been made for the construction of
homes and the installation of septic systems on the site.
F. Section 7.5.2.8 - The Department of Planning Services has determined
that the Final Plan accurately reflects the intent of the Development
Guide, as submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Shiloh, Inc., % James Scott, Jr., for a Site
Specific Development Plan and Planned Unit Development Final Plan, S #497, for 24 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 Board of County Commissioners shall review and approve the signed
and dated Improvements Agreement According to Policy Regarding
Collateral for Improvements (Private Road Maintenance) including the
form of collateral. The security for the agreement shall be tendered and
accepted by the Board of County Commissioners.
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b. The Restrictive Covenants for Moriah Estates shall be approved by the
Weld County Attorney's Office and be ready for recording in the Office of
the Clerk and Recorder.
c. The applicant shall attempt to comply with the requirements of the Town
of Windsor, as stated in a referral response dated July 22, 1999.
d. The applicant shall submit evidence that all concerns of the Windsor-
Severance Fire Protection District have been addressed.
2. The Final Plat shall meet all requirements of Section 9.2 of the Weld County
Planned Unit Development Ordinance, and shall delineate the following
information:
a. All appropriate easement locations, sizes, and titles, in accordance with
Section 10.6 of the Weld County Subdivision Ordinance and Weld
County Utility Board comments.
b. An accurate delineation of the northern and western property boundaries
which shall not include State Highway 392 or Weld County Road 72
rights-of-way.
c. A total of fifty (50) feet of right-of-way reservation from the centerline of
Weld County Road 72.
3. The Final Plat shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
4. The Plat shall include the most recent version of the Right to Farm Covenant.
5. The Final Plat 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 twenty-four E (Estate)
zoned lots and common open space. The Planned Unit Development
Ordinance allows for Estate uses 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 by the Homeowners Association, in 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
and sewage disposal shall be from individual septic systems. Each
individual septic system shall be installed according to the Weld County
Individual Sewage Disposal Regulations.
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c. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
d. Outdoor storage shall be screened from public rights-of-ways, and
adjacent properties.
e. In the event that five (5) or more acres are disturbed during construction
or development of the site, the applicant shall obtain a Stormwater
Discharge Permit from the Water Quality Control Division of the Colorado
Department of Public Health and Environment.
f. 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 Health
Department, a Fugitive Dust Control Plan must be submitted.
g. 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.
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.
The applicant shall have installed designated street and Stop signs at the
appropriate location adjacent to Weld County Road 72.
j. . Foundations shall be engineered at each separate building site.
k. Foundations, any sub-grade construction and/or the use of any fill to
increase the grade on each lot shall require an evaluation and
recommendation from a Colorado Registered Engineer on a lot-by-lot
basis. Construction shall strictly adhere to such recommendation.
As indicated in the application materials and Development Guide, the
east branch of the Challgren Lateral Ditch shall be enclosed in pipe and
relocated as shown in the preliminary overall utility plan (approximately
200 feet to the east of its present location). Evidence of such enclosure
shall be submitted to the Department of Planning Services.
m. Any signage located on the property shall require building permits and shall
adhere to Section 42.2 of the Weld County Zoning Ordinance.
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n. 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.
o. The applicant shall comply with Sections 8.8, 8.9, and 8.10 of the Weld
County Planned Unit Development Ordinance.
6. Prior to the release of any building permits:
a. The applicant shall have installed designated street and Stop signs at the
appropriate location adjacent to Weld County Road 72.
b. Foundations shall be engineered at each separate building site.
c. Foundations, any sub-grade construction and/or the use of any fill to
increase the grade on each lot shall require an evaluation and
recommendation from a Colorado Registered Engineer on a lot-by-lot basis.
Construction shall strictly adhere to said recommendation.
d. As indicated in the application materials and Development Guide, the east
branch of the Challgren Lateral Ditch shall be enclosed in pipe and relocated
as shown in the preliminary overall utility plan (approximately 200 feet to the
east of its present location). Evidence of such enclosure shall be submitted
to the Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of September, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
ATTEST: II, I,�� WOUNTY CO ORADO
�, '�' °'�^ � Dale K. Hall, Chair
Weld County Clerk to the' e. 0 4r
. L
tar(;_� � arbar J. Kirkmeyer, ro-Tem
BY: 'ESL.1 O.
Deputy Clerk to the B. � .r
Georg E xter
APP_ROVED7AS TC/I-F M:
M. J. eil
my Attorn EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad
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