HomeMy WebLinkAbout991206.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, S #488, FOR SEVEN E (ESTATE) ZONED LOTS AND
ONE NON-BUILDABLE COMMON OPEN SPACE LOT - BILL HALL
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 24th day of May, 1999, at 10:00 a.m. for
the purpose of hearing the application Of Bill Hall, 1220 11th Avenue, #201, Greeley, Colorado
80632, for a Site Specific Development Plan and Planned Unit Development Final Plan, S #488,
for seven E (Estate) zoned lots and one non-buildable common open space lot, for a parcel of
land located on the following described real estate, to-wit:
Part of the NW% of Section 20, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented at said hearing by Brent Coan, and
WHEREAS, Section 28.14 of the Weld County Zoning 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 recommendation of
the Weld County Planning Services staff and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 7.3 of the Weld County Planned Unit Development Ordinance #197.
2. It is the opinion of the Department of Planning Services staff that the application
has shown compliance with Section 7.5.2 of the Weld County Planned Unit
Development Ordinance, as follows:
A. Section 7.5.2.2 - The approved Conditions of Approval will ensure that
the twenty standards which are outlined in this section are met.
B. Section 7.5.2.3 - This site is not located within the planning area of any
incorporated communities.
C. Section 7.5.2.4 - 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.
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PUD FINAL PLAN, S #488 - BILL HALL
PAGE 2
D. Section 7.5.2.5 - The Weld County Public Works Department has made
provision for appropriate means of access to the lots contained within this
Planned Unit Development.
E. Section 7.5.2.7 - 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, as submitted by the applicant, does accurately reflect
the intent of the Development Guide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Bill Hall for a Site Specific Development Plan
and Planned Unit Development Final Plan, S #488, for a seven-lot Planned Unit Development,
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 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.
B. The Restrictive Covenants for Lindies Lake 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 submit evidence from the North Weld County Water
District which indicates all requirements of the District are satisfied.
D. The applicant shall submit evidence to the Department of Planning
Services that an agreement with the North Side Lateral and North Side
Extension Ditch Company regarding the liability issue and clean-out area
has been reached.
E. The applicant shall provide evidence that the Homeowner's Association
will maintain a liability insurance policy which covers the lake and open
space.
F. The applicant shall demonstrate evidence of all easements which are
shown on the plat.
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G. The applicant shall submit evidence to the Department of Planning
Services that each individual lot owner has legal access and right to use
the lake (Lindies Lake), recreational or otherwise.
2. The Final Plat shall be amended to delineate the following:
A. A typical road cross section which reflects four-foot gravel shoulders.
The applicant shall remove the "private street" designation from the plat
drawing.
B. Forty feet (40') of reserved right-of-way from the centerline of Weld
County Road 51.
C. An accurate delineation of the northern and western property boundaries
which shall not include State Highway 392 and Weld County Road 51
rights-of-way.
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 seven E (Estate) zoned
lots and one non-buildable common open space lot. The Planned Unit
Development 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.
C. Silt fences shall be maintained on the down gradient portion of the site
during all phases of construction on all lots in the development.
D. A Weld County Septic Permit is required for the proposed home septic
systems and shall be installed according to the Weld County Individual
Sewage Disposal regulations. All septic systems shall be installed a
minimum of two hundred feet (200') from Lindies Lake, with the exception
of Lots 1 and 2, which must lie a minimum of one hundred and fifty feet
(150') from Lindies Lake.
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E. The open space maintenance shall include removal of manure in a
manner that will prevent nuisance conditions and not allow runoff into
Lindies Lake. The manure piles shall not be allowed to exist or
deteriorate to a condition that facilitates excessive odors, flies, insect
pests, or pollutant runoff.
F. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
G. Outdoor storage shall be screened from public right-of-way, and adjacent
properties.
H. The applicant has requested that Vista Lake Road, the primary access to
the lots within the Planned Unit Development, be accepted for County
maintenance. This road shall be built to County standards using three
inches of asphalt over six inches of road base. This road shall be twenty
four feet (24') wide with four-foot gravel shoulders. The road cross
section shall meet the County subdivision road requirements. The Weld
County Public Works Department recommends that, upon completion,
Vista Lake Road be placed in the Weld County road system.
The applicant shall obtain all appropriate permits from the Department of
the Army, Corps of Engineers, prior to disturbing any wetland or stream
pursuant to Section 404 of the Clean Water Act. Prior to any work which
may involve the discharge of dredged or fill material in streams or
wetlands, the property shall be examined for wetlands pursuant to
Section 404 of the Clean Water Act. Any wetlands shall be delineated
and mapped.
J. The Site shall be developed in accordance with the recommendations
contained within the Geologic and Minerals evaluation, prepared by
Foundation and Soils Engineering, March 1998.
K. Any signage located on the property shall require building permits and
shall adhere to Section 42.2 of the Weld County Zoning Ordinance.
L. 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.
M. The applicant shall comply with Sections 8.8, 8.9, and 8.10 of the Weld
County Planned Unit Development Ordinance, as follows:
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1) Section 8.8 - 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 Planned Unit Development
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 Planned
Unit Development Final Plan has not been abandoned and that
the applicant possesses the willingness and ability to record the
Planned Unit Development 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 Planned
Unit Development Final Plan cannot be met, the Board may, after
a public hearing, revoke the Planned Unit Development Final
Plan;
2) Section 8.9 - Failure to Commence a Planned Unit Development
Final Plan - If no construction has begun or no USE established
in the Planned Unit Development within one (1) year of the date of
the approval of the Planned Unit Development Final Plan, the
Board of County Commissioners may require the landowner to
appear before the it and present evidence substantiating that the
Planned Unit Development Final Plan has not been abandoned
and that the applicant possesses the willingness and ability to
continue the Planned Unit Development. The Board may extend
the date for initiation of the Planned Unit Development
construction and shall annually require the applicant to
demonstrate that the Planned Unit Development has not been
abandoned. If the Board determines that conditions supporting
the original approval of the Planned Unit Development Final Plan
have changed or that the landowner cannot implement the
Planned Unit Development Final Plan, the Board may, after a
public hearing, revoke the Planned Unit Development Final Plan
and order the recorded Planned Unit Development Plan vacated.
3) Section 8.10 - Failure to Comply with the Planned Unit
Development Final Plan - The Board of County Commissioners
may serve written notice upon such organization or upon the
owners or residents of the Planned Unit Development setting forth
that the organization has failed to comply with the Planned Unit
Development 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.
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4) Section 8.10.1 -Any Planned Unit Development Zone District
approved in a Final Plan shall be considered as being in
compliance with the official Subdivision Ordinance and 30-28-101,
et seq., C.R.S.
6. Prior to the release of any building permits:
A. The applicant shall supply a designated street sign and stop sign at the
appropriate location adjacent to Weld County Road 51.
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 such recommendation.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY C LORADO
ATTEST:
I K. Hall, Chair
Weld County Clerk to the :C , 't e?
w L
4 g =rbar J. Kirkmeyer, ,ro-Tem
Deputy Clerk to the Board�`9 k�$S `rt.
George'E. 9.axter
PPR&HOORM:
Zi1e2t
ounty Attorney ' /��t
Glenn Vaad
991206
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