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Home My WebLink About20240531.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-1130, RESCIND RESOLUTION #2008-2278, DATED SEPTEMBER 10, 2008, RESCIND RESOLUTION #2007-2521, DATED SEPTEMBER 5, 2007, AND REVOKE CHANGE OF ZONE, PZ-1130 (MACKEY CIRCLE PUD), TO REVERT THE ZONING TO THE A (AGRICULTURAL) ZONE DISTRICT - MATTHEW SCHINDLER 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, by Resolution #2007-2521, dated September 5, 2007, the Board approved the application of Gary, Vicky, Bryon and Jamie Mackey, 6804 Aaron Drive, Fort Collins, Colorado 80524, and Michael Cohrs, 29 Poste Viejo Lane, Greeley, Colorado 80634, for Change of Zone, PZ-1130, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, for six (6) residential lots with E (Estate) zone uses — Mackey Circle PUD, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -4589, and Lot A of Recorded Exemption, RE -2792; both being part of the NW1/4 of Section 6, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, by Resolution #2008-2278, dated September 10, 2008, the Board approved the application of Gary, Vicky, Bryon and Jamie Mackey, 6804 Aaron Drive, Fort Collins, Colorado 80524, and Michael Cohrs, 29 Poste Viejo Lane, Greeley, Colorado 80634, for a Site Specific Development Plan and Planned Unit Development Final Plan, PF-1130, for six (6) residential lots with E (Estate) zone uses, except for the allowance of Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County Code, and an Outlot for the parcel of land described above, and WHEREAS, Condition of Approval #3 of the aforementioned Resolution #2008-2278 required a final plat map to be submitted to the Department of Planning Services for recording within thirty (30) days, and WHEREAS, by letter dated January 26, 2024, the current property owner, Matthew Schindler, P.O. Box 1630, Johnstown, Colorado 80534, requested to withdraw the PUD Final Plan application, stating he does not intend to proceed with the PUD, nor record the Final Plat, and WHEREAS, Sections 27-8-40 and 27-8-50 of the Weld County Code provide standards for revocation of said Planned Unit Development Zone District, PZ-1130 / PF-1130 (Mackey Circle PUD), and pI�ERMM/SF�, 4962878 Pages: 1 of 3 oc �L(ER/1), 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO pPpi.. 2024-0531 ■II 1 ��1 +4R it 't�I�'hwl,IMi� lathigNIY4 1I III 06 (05/24 PL1922 ACCEPT REQUEST TO WITHDRAW APPLICATION FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-1130, RESCIND RESOLUTION #2008-2278, DATED SEPTEMBER 10, 2008, RESCIND RESOLUTION #2007-2521, DATED SEPTEMBER 5, 2007, AND REVOKE CHANGE OF ZONE, PZ 1130 (MACKEY CIRCLE PUD) TO REVERT THE ZONING TO THE A (AGRICULTURAL) ZONE DISTRICT - MATTHEW SCHINDLER PAGE 2 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 Department of Planning Services Staff and, having been fully informed, finds that this request shall be approved for the following reason: 1. The PUD development has been abandoned, and the property owner does not have the willingness or ability to continue with completion of the PUD Final Plan. Although the Final Plan was conditionally approved on September 10, 2008, the current property owner has submitted a letter dated January 26, 2024, to withdraw the application, and supports revocation of the PUD Zone District, stating they have no intent or desire to continue with the development, nor complete or record the PUD Final Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Matthew Schindler to withdraw the application for Planned Unit Development Final Plan, PF-1130, on the parcel of land described above, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that Resolution #2008-2278, dated September 10, 2008, be, and hereby is, rescinded. BE IT FURTHER RESOLVED by the Board that Resolution #2007-2521, dated September 5, 2007, be, and hereby is, rescinded, and the PUD (Planned Unit Development) Zone District approved by said resolution and recorded at Reception #3521457, dated December 4, 2007, be, and hereby is, revoked and ordered to be reverted to the A (Agricultural) Zone District. 4962878 Pages: 2 of 3 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO IIII fralnhitikiliNNYM.P 11M Nk1 lihdth III II I 2024-0531 PL1922 ,ACCEPT REQUEST TO WITHDRAW APPLICATION FOR PLANNED FINAL PLAN, PF-1130, RESCIND RESOLUTION #2008-2278, DATED RESCIND RESOLUTION #2007-2521, DATED SEPTEMBER 5, CHANGE OF ZONE, PZ 1130 (MACKEY CIRCLE PUD) TO REVERT A (AGRICULTURAL) ZONE DISTRICT - MATTHEW SCHINDLER PAGE 3 The above and foregoing Resolution was, on motion duly made by the following vote on the 4th day of March, A.D., 2024. ATTEST: Weld County Clerk to the Board B . . INaILOLL Deputy Clerk to the Board ADFS:� County orney Date of signature: 4017,4 Perry L. Bt k, Pro-Tem 4962878 Pages: 3 of 3 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII I rjI��rI6C�i�h�'r� Nr��Yl1ti: ih'I�1I II 1 UNIT DEVELOPMENT SEPTEMBER 10, 2008, 2007, AND REVOKE THE ZONING TO THE and seconded, adopted BOARD OF COUNTY COMMISSIONERS WELD COUN GebeRAD0 :v Mike Freeman on rc James Lori Saine 2024-0531 PL1922 MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JIM FLESHER, LONG-RANGE PLANNER DATE: MARCH 4, 2024 RE: REQUEST TO WITHDRAW PLANNED UNIT DEVELOPMENT PF-1130 AND WITHDRAW AND RESCIND THE PUD CHANGE OF ZONE PZ-1130 (MACKEY CIRCLE PUD) The Department of Planning Services has received a request for withdrawal from the owner of the two Recorded Exemption lots zoned Planned Unit Development under PZ-1130, Mackey Circle PUD, which was recorded on December 4, 2007, by previous owners. A final plat, PF-1130, for a six -lot PUD was conditionally approved by the Board of County Commissioners on September 10, 2008, but the plat was never submitted for recording. The property was acquired by Colorado Community Bank on December 30, 2009, and then by the current owner, Matthew Schindler, on April 14, 2014, who submitted the withdrawal request on January 26, 2024. The attached resolution would approve the withdrawal of the PUD and revert the zoning of the property to A (Agricultural). In additional to Mr. Schindler, notice of this hearing was provided to owners of property within 500 feet of the subject property. Staff recommends approval of the resolution and will be available for questions. 2024-0531 Continued, next page °3/OBI Page 1 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Schindler Construction <schindlerconst@gmail.com> Sunday, January 28, 2024 5:16 PM Jim Flesher Maxwell Nader; Kim Ogle; James Baker Re: PF/PZ-1130, Mackey Circle Meadows PUD Ault PUD release.pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you for the email as I only check physical mail once or so every month. I have attached the signed copy of the letter you sent, please let me know if there is anything else you need. From: Jim Flesher <jflesher@weld.gov> Sent: Friday, January 26, 2024 1:23 PM To: Matt Schindler <schindlerconst@gmail.com> Cc: Maxwell Nader <mnader@weld.gov>; Kim Ogle <kogle@weld.gov>; James Baker <jimsbaker@gmail.com> Subject: PF/PZ-1130, Mackey Circle Meadows PUD Dear Mr. Schindler: I wanted to check with you to make sure you received my letter dated January 10, 2024, attached. If you could please sign the second page and return it to me by attaching it to a reply email, faxing to 970-304-6498, or mailing or bringing it to 1402 N 17th Ave, Greeley, CO 80631, we will get the Board hearing scheduling and notify you of the date of the hearing. You do not need to attend the hearing unless you want to. Please let me know if you have any questions. Thanks, Jim Flesher, AICP Long -Range Planner Weld County Planning Services 1402 N. 17th Ave. Greeley, CO 80631 Phone: 970-400-3552 www.weld.gov From: Kim Ogle <kogle@weld.gov> Sent: Monday, November 13, 2023 11:21 AM To: Jim Flesher <jflesher@weld.gov> Cc: Maxwell Nader <mnader@weld.gov>; Kim Ogle <kogle@weld.gov> Subject: FW: Zoning ATTN Kim Ogle Another one for the revert back to Agriculture 1 From: Billie Moore <bmoore@weld.gov> Sent: Monday, November 13, 2023 11:20 AM To: Kim Ogle <kogle@w&d.gov> Subject: FW: Zoning ATTN Kim Ogle Billie Moore Building Tech Weld County Planning Dept Building Inspection Division 1402 N 17t" Av Greeley, CO 80631 970-400-3573 Hours: 7:30 am — 4:30pm Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Matt Schindler <schindlerconst@gmail.com> Sent: Monday, November 13, 2023 11:19 AM To: Billie Moore <bmoore@weld.gov> Cc: James Baker <1msbaker@gmail.com> Subject: Zoning ATTN K m Ogle Cautinn• This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please find attached letter of intent to vacate PUD. Matt Schindler Schindler Construction _LC 970.566.3371 2 Jim Flesher, Long -Range Planner Department of Planning Services 1402 N. 17th Ave. Greeley, CO 80631 Via email to jflesher@weld.Rov Subject: PF/PZ-1130, Mackey Circle Meadows PUD Dear Mr. Flesher: I am the sole owner of Lot A, Recorded Exemption RE -2792, and Lot B, Recorded Exemption RE - 4589 (parcel numbers 070906000002 and 070906200009), which were zoned Planned Unit Development in 2007, prior to my acquiring the property in 2014. Please accept this letter as my request to withdraw the application known as Mackey Circle PUD (PF/PZ-1130). I understand the Weld County Board of County Commissioners will revoke the approval of PF/PZ-1130 and revert the land to the A (Agricultural) zone district. Sincerely, Matthew Kyle Schindler Date I IIII IAA AI III AA IA III I III IMM i SG1l£- I"�I00' IAJIflI1AiOP ZOM, 2007 cAwr.c swc - rear MACKEY CIRCLE P.U.D. - CHANGE OF ZONE - PZ-1130 LOT B, RE -4589, AND LOT A, RE -2792 SITUATE IN THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE SIXTH P.M., COUNTY OF WELD, STATE OF COLORADO SURVEY NOTES: ]oo t•-wyr,r..r?�r..w.w.rY.rr.r nssr.r.w.rr w �aw�4reeb.w wM a. rsls.rr �rdrb wrnbr.4y �.r.rxlrl wnr �Wnr(.�aw~.•mss �rNr4e.r� awrlw PMlrprb Yi leas ~a.td� Moe re^�rA=��.YY .w ut >•• sw wta.6 .�i.e�� LEGAL DESCRIPTION: COUNTY NOTES:4+.�at'rrr'"`..`r'.r."'..r..� o.+.rrrar...r rsrr a �w� ��irR.r��w [lmer.'a+u�wt w�w�iwrwus Yrbw r"ry M�i"i. we rrrs r..t n. y. r�Ny.��v�sa virt rm Irr{R sr� trb R/a rb.sh-�hrM�rM tln 0.rrY. r.yr..�.uw Yr rr Wl o.b `oilnre E357I r/Swe Mrllerb�tlnrllN.±frr B wwrry rr�w.yY aerw lYyr rrrrr•38rbber Tr.4 dlre-'arw'rr�fly s`ar��r rYr lr _`�rb�rbr PROPERTY OWNERS CE7tTTF1CATE ri w..�.....» .. a.a.....w. a:�w.""`b ^r.�'� r�`uwi��."za "•b b..r..r�,rrr ,{ry aerrre/b rar�a eyYrrrs N prraer MNlrwr(Mi 6Mu'Oir. wi FY 6wb 6iF `rr rl»erwr+rry J I'IIi%yy Ar.Mrw<r�rrrrw rr i.a.M4 brre M.r I�IrrIV rRrreMewMY.4wi4. 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M Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Hearing Date: March 4, 2024 Hearing Time: 9:00 a.m. Applicant: Mathew Schindler P.O. Box 1630 Johnstown, Colorado 80534 Request: Withdraw Application for Planned Unit Development Final Plan, PF-1130, Rescind Resolution #2008-2278, dated September 10, 2008, Rescind Resolution #2007-2521, dated September 5, 2007, and Revoke Change of Zone, PZ-1130 (Mackey Circle PUD), to Revert zoning to the A (Agriculture) Zone District Legal Description: Lot B of Recorded Exemption, RE -4589, and Lot A of Recorded Exemption, RE -2792; both being part of the NW1/4 of Section 6, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 37; approximately 0.25 miles south of County Road 86 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: February 15, 2024 ADJACENT PROPERTY OWNERS REVOKE AND RESCIND PZ-1130 Owner MATTEW SCHINDLER CITY OF THORNTON MICHAEL DELANEY Address 908 FOXTAIL CT 9500 CIVIC CENTER DR PO BOX 1142 NICHOLAS AND MOLLY STONE 41716 COUNTY ROAD 37 SIDWELL AG HOLDINGS LLC 39454 COUNTY ROAD 33 City SEVERANCE THORNTON AULT AULT AULT State CO CO CO CO CO Zip 80550-2935 80229-4326 80610-1142 80610-9637 80610-9651 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Revoke and Rescind, PZ-1130, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 15th day of February, 2024. titbdrit kik:, cit. Janet M. Warwick Deputy Clerk to the Board • • E Ics 'i c O t t:; cn o CO. m U U C fl fl Cti a� N 'a E tea) 2 E E a) ea . U ._ c CD LTI Q) O aits E c- O o O a. cn a ■ a) a O E Q) O -C E-0 O cn U) 2 a)� G "Z7 �l u) C) -0 "0 r' O i (45 a co a 0- ccs U � O -C cci o Q O ■ r - Co N ry 0 gl ZCL'N oFQ TWO Z- (-) O 7 OaZ o in I- " 0 0 Ere 00 c 0 Eli 92 co 0 O c c i. Q) NU2) .0).N CL Ci CC 0 cn cn Cr DOD ❑❑ a) a) a C) U U) cc H MTh. CI fiN c c2 0 cn d) U Cr 1 O a) „c CI O = c c -O O O • S12 1' +' Q) 3 3 f la a �Q�UUUU cri❑Ot7D❑❑ 9590 9402 7686 2122 8609 76 N 2 Qw' O CI a CI Domestic Return Receipt U) 0 CD 0 0 0 0 co Co 0 0 a T T OD a. c ya.) W 2 • 0 +� O O 13 if) M 0o ccS CV L- - D C(i E E o ,a) tvs 0 .� c O a >, cic5 U n ° ■ N. - a c.) a O 9- O O E a) o 0 o w c -o a) O 03 rei e J 2 (I) -O -O O3 CD (Lj (1) CU w 6 r LU r z ` < O (O .1 cJ O CD 4 00 r O cC0U = m }-- 0D Q PZ r a a) i N a) cc w`6 2 2 co O 'a 'Eh_ C sc a) a) a) .0) accCcocn ❑D❑ so 11;U N • U cc N cu 0a) aO a)QC.'-> r = - Q) 1•- m a) ca o o .— — occ2cc55 O O ^ U 03 fn 5 a)DDr 2 0 O C E € 000 a 5- 4-a U a) N O in cc ri❑❑ ❑❑❑ < < Vi.) 0 0 Sim LU 0 CO CO CO N CO CO O C) 0) a) Article Number (Transfer from service label) N CI CI a Ian rR rR a N SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Domestic Return Receipt C') O T T C) O O 0 cn co 0 0 a) T T co L° (.O LU Article Addressed to: SIDWELL AG HOLD1NGSILC 39454 COUNTY ROAD 33 AU LT. CO 80610-9651 111111111111111111111 11111111111111111 11111 9590 9402 7686 2122 8609 38 i cU Q), a) a) a) o TD- E_o o N "— a) C a) as a) • -- 2 () C3 2 C a)o w C'7 Cd N T E a 0 O • 2 O O a -' to 2 03 siattS o C ,.-, (u 0 a) E CV c� C U >1 CZ 4Ct' a • ^CL a) 'a 0 -c 0 (o a) 0 cciD O U) I ai a a) CAS a t 0 'I- 4a 0 0 Cu); 17; = O O cc EE In_ m m c c 00 U) V) N a3 O ci)CA.? C C -C Q) a) ) .� .� a.mccO(ncn COD DO a) a 1-� a) U a) C1) ci 2 4(1 C O) Cl) O a a) i U c C a) a`) a 'D a) 4-+ U N a) CC a) as C cn a) a) in D <00 O c > a .5 a) a= N m .> > O O C C O O o w ❑D Article Addressed to: W z 0 I-- C!� t- >- co 0 f_ O O cos cc Z I— CD < zo <C 0 0 —i U 0 co �� z ict Q 9590 9402 7686 2122 8609 45 Article Number (Transfer from service label) as r -- CI a a O r1 r1 LI N COMPLETE THIS SECTION ON DELIVERY A 4nature X, B. Received by (Printed Name) ;i 5dL.e1 1 ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 7017 1450 0000 9674 6155 3. Service Type • Adult Signature dult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery vlail vtail Restricted Delivery JO) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Domestic Return Receipt CO CD O) 0 O 0 0 N- CO 0 0 >, CO a) T CO WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/1/2024 10:49:08 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 070906000002 Du\ 14) I it 21 I 1 ea Signature Date Account Parcel Owner Mailing Address R6766886 070701000048 9500 THORNTON, CIVIC CENTER CO 802294326 DR THORNTON CITY OF R4911007 070701400004 DELANEY MICHAEL E PO AULT, BOX 1142 CO 806101142 R0570401 070906000002 SCHINDLER MATTEW KYLE 908 SEVERANCE, FOXTAIL CT CO 805502935 R6766686 070906000034 9500 THORNTON, CIVIC CENTER CO 802294326 DR THORNTON CITY OF R2167803 070906200006 STONE MOLLY R2167803 070906200006 STONE NICHOLAS D 41716 AULT, COUNTY CO 806109637 ROAD 37 R4700107 070906200009 SCHINDLER MATTEW KYLE 908 SEVERANCE, FOXTAIL CT CO 805502935 R4700607 070906200010 SIDWELL AG HOLDINGS LLC 39454 AULT, COUNTY CO 806109651 ROAD 33 Parcels: 7 Owner Records: 8 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/1/2024 10:49:08 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 070906000002 Parcels: 7 Owner Records: 8 Li G1 h tiLiVA-14;, 21� I2� Signature Date Page 2of2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/1/2024 10:50:23 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 070906200009 IAJCIAid'a c4- zz4 Signature Date Account Parcel Owner Mailing Address R6766886 070701000048 THORNTON CITY OF 9500 THORNTON, CIVIC CENTER CO 802294326 DR R4911007 070701400004 DELANEY MICHAEL E PO AULT, BOX CO 1142 806101142 R0570401 070906000002 SCHINDLER MATTEW KYLE 908 SEVERANCE, FOXTAIL CT CO 805502935 R6766686 070906000034 9500 THORNTON, CIVIC CENTER CO 802294326 DR THORNTON CITY OF R2167803 070906200006 STONE MOLLY R2167803 070906200006 41716 AULT, COUNTY CO 806109637 ROAD 37 STONE NICHOLAS D R4700107 070906200009 SCHINDLER MATTEW KYLE 908 SEVERANCE, FOXTAIL CT CO 805502935 R4700607 070906200010 SIDWELL AG HOLDINGS LLC 39454 AULT, COUNTY CO 806109651 ROAD 33 Parcels: 7 Owner Records: 8 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/1/2024 10:50:23 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 070906200009 Parcels: 7 Owner Records: 8 Jan 1,00A Signature Date Page 2of2 4008716 Pages: 1 of 1 04/14/2014 12:39 PA R Fee:j21.00 0 Fee:15.90 Steve Moreno- Clerk and Recorder, Yleld County, 0 VIII igiNVII,WhirCh+d'ti 11 EdiNA till WARRANTY DEED THIS DEED, made this 9th day of April, 2014, between Homer E. Hughes of the County of Weld and State of Colorado, grantor(s), and Mattew Kyle Schindler whose legal address is PO Box 1630, Johnstown, CO 80534 of the County of Weld and State of Colorado, grantees: WITNESS, that the grantor(s), for and in consideration of the sum of ONE HUNDRED FIFTY NINE THOUSAND AND 00/100 DOLLARS (S159,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, TENANTS IN SEVERALTY, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 0709-6-2 RE -4589 recorded March 15, 2007 at Reception No. 3462190, being a part of the Northwest 1/4 of Section 6, Township 7 Nortk, Range 65 West of the 6th P.M., County of Weld, State of Colorado. and Lot A of Recorded Exemption No. 0709-06-2-RE2792 recorded February 8, 2001 at Reception No. 2824681, being a part of the Northwest 1/4 of Section 6, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: TBD, Greeley, CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for the current year and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. State of Colorado } ss. County Of Weld The foregoing instrument was acknowledged before me this April9„ 2014, by Hq#nef E. Hughes My Commission expires: Wi . m hand and cial seal. nt� ti Doc Fee: $15.90 Buyen Forwarding Address for Recorded documents is: BOrrOwtr Addrtu WARRANTY DEED Re 0 SSOOUfG lie 1I. RESOLUTION UP) RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1130, FOR SIX (6) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, EXCEPT FOR THE ALLOWANCE OF AUXILIARY QUARTERS, AS DEFINED BY SECTION 23-1-90 OF THE WELD COUNTY CODE, AND AN OUTLOT - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY 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 10th day of September, 2008, at 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Gary and Vicky Mackey, and Bryon and Jamie Mackey, 6804 Aaron Drive, Fort Collins, Colorado 80524, requesting a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1130, for six (6) Residential lots with E (Estate) Zone uses, except for the allowance of Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County Code, and an Outlot, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption #4589, and Lot A of Recorded Exemption #2792; both being part of the NW1/4 /4 of Section 6, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was present at said hearing, and WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of 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 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.D as follows: a. Section 27-6-120.D.5.a - The proposal is consistent with any Intergovernmental Agreement in effect influencing the PUD, and Chapter 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision), and Chapter 26 (Mixed Use Development) of the Weld County Code. The Conditions of Approval and Development Standards ensure that the PUD is consistent with the Weld County Code. 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 2 b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II, of the Weld County Code. 1) Section 27-2-40, Bulk requirements - The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for six (6) residential lots, except for the allowance of Auxiliary Quarters, as defined by Section 23 -1-90 of the Weld County Code. 2) Section 27-6-90, Signage - Section 27-2-90.C states, "Signage within a PUD shall adhere to all requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable." 3) The application indicates that the proposed subdivision monument sign will adhere to the sign standards outlined in the Weld County Code. Subdivision signs adhere to the size standards of signs for public and quasi -public uses, which is 32 square feet, per Section 23-4-80 of the Weld County Code. Further, the sign shall be on Outlot A, on lands owned by the Homeowners' Association. 4) The applicant has met the remaining Performance Standards, as delineated in Section 27-2-10 of the Weld County Code. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code. c. Section 27-6-120.D.5.c - 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 Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is within the three-mile referral area for the Towns of Ault and Pierce, and in the referrals dated June 10, 2008, and June 24, 2008, respectively, both towns indicated no conflict with the proposal. d. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Chapter 27, Article II, of the Weld County Code. The proposed PUD will be serviced by the North Weld County Water District for potable water and fire protection requirements. The Weld County Department of Public Health and Environment indicated, in the referral received July 10, 2008, that the proposed PUD had not satisfied Chapter 27, of the Weld County Code, in regards to water service; however, a subsequent E-mail, received August 15, 2008, indicates that the PUD has now satisfied Chapter 27 of the Weld County Code in regards to water service. The Department of Public Health and Environment also indicated 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 3 that primary and secondary septic system envelopes will not be required, except on Lots 3 and 5. e. Section 27-6-120.D.5.e - 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 PUD Zone District. The applicant is proposing an interior roadway with 60 feet of right-of-way for two 12 -foot paved lanes and two 4 -foot shoulders. County Road 37 is classified as a local paved road, as stated in the Change of Zone referral dated May 16, 2007, from the Weld County Department of Public Works. f. Section 27-6-120.D.5.f-An Off -site Road Improvements Agreement and an On -site Improvements Agreement proposal is in compliance with Chapter 24 of the Weld County Code, and a Road Improvements Agreement is complete and will be submitted, if applicable. The Conditions of Approval ensure that the applicant will complete an On -site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code prior to recording the Final Plan. The Improvements Agreement will require the construction of an internal road which will be dedicated to the County, but maintained by the Homeowners' Association g. Section 27-6-120.D.5.g - There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the Weld Road Impact Fee Program. Effective January 1, 2005, building permits on the site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. The site is located within the Flood Hazard Overlay District, as delineated on the FIRM Community Panel Map 080266 0480C. The location of the floodway within the designated floodplain has not been determined, and, instead of locating the precise location of the floodway, the applicant has chosen to designate the entire floodplain as a No -build Zone. h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone District uses and the Specific Development Guide, which accurately reflects the Performance Standards and allowed uses described in the proposed Zone District, as described previously. 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Gary and Vicky Mackey, and Bryon and Jamie Mackey fora Site Specific Development Plan and Planned Unit Development Final Plan, PF #1130, for Site Specific Development Plan and Planned Unit Development Final Plan, PF #1130, for six (6) Residential lots with E (Estate) Zone uses, except for the allowance of Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County Code, and an Outlot, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Final Plat: A. The applicant shall provide the Department of Planning Services with a Sign Plan that conforms with Section 23-4-80.A of the Weld County Code. B. The applicant shall address the concems and comments of the Department of Public Works, as stated in the referral response dated July 9, 2008. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The applicant shall address the requirements of the Department of Public Health and Environment, as stated in the referral dated July 8, 2008. Written evidence of such shall be provided to the Department of Planning Services. D. The applicant shall address the recommendations and requirements of the City of Thornton, as stated in the referral received June 24, 2008. Written evidence of such shall be submitted to the Department of Planning Services. E. The applicant shall address the requirements of the Department of Planning Services, as stated in the Landscape Plan referral received June 16, 2008. F. The applicant shall submit a draft Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance). The Agreement has been reviewed and approved by the Departments of Planning Services and Public Works. The applicant shall submit a signed copy of the Improvements Agreement, along with the appropriate collateral. The agreement and collateral shall be approved and accepted by the Board of County Commissioners prior to recording the final plat. G. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Homeowners' Association Incorporation paperwork for Mackey Circle PUD. Further, the applicant shall resubmit these documents for review and approval by the County Attorney's Office. Written evidence of compliance shall be forwarded to the Department of Planning Services. 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 5 H. The applicant shall submit finalized copies and the appropriate fee ($6.00 for the first page and $5.00 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Mackey Circle PUD in the Office of the Clerk and Recorder. I. The applicant shall submit evidence that the Homeowners' Association has been recorded with the Secretary of the State. J. The applicant shall submit a digital file of all drawings associated with the Final Pian application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable) K. The plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PF-1130. 2) The applicant shall adhere to the plat requirements in preparation of the final plat. The vicinity map shall be delineated at a scale of 1"=2,000 feet, and the Site Plan shall be delineated at a scale of 1"=100 feet or 1,200 feet. 3) All changes required by the Weld County Utilities Coordinating Advisory Committee from the meeting on August 14, 2008. 4) "Weld County's Right to Farm" statement, as provided in Appendix 22-E of the Weld County Code, shall be placed on any recorded plat. 5) Primary and secondary septic envelopes shall be placed on Lots 3 and 5. All septic system envelopes must meet all setbacks. 6) The proposed monument sign shall be located on the plat in a manner that satisfies the required minimum 20 -foot setback in the E (Estate) Zone District and on lands owned by the Homeowners' Association. 7) Building envelopes required on Lots 3, 4, and 5 shall be on the west side of the floodplain only, and labeled as such. 8) The Outlot for the placement of the Development's sign. 2. The Final Plan is conditional upon the following and that each shall be placed on the Final Plat as notes prior to recording: 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 6 A. The Final Plan allows for PUD zoning for six (6) residential lots. The lots will adhere to the uses allowed in the E (Estate) Zone District, except for the allowance of Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County Code. The PUD will be subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. B. Approval of this plan may create a vested property right pursuant to Section 23-8-20 of the Weld County Code. C. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity. D. A Homeowners' Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities. Open space restrictions are permanent. E. Water service shall be obtained from the North Weld County Water District. F. This subdivision is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Septic systems shall be designed for site -specific conditions including, but not limited to, shallow groundwater, bedrock, gravel, and/or clay. G. A Stormwater Discharge Permit may be required for a development/ redevelopment /construction site where a contiguous or non contiguous land disturbance is greater than, or equal to, one (1) acre in area. The applicant shall contact the Colorado Department of Public Health and Environment, Water Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit, for more information. H. 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 Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. I. 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 that are technologically feasible and economically reasonable in order to minimize dust emissions. 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 7 J. 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. K. Weld County will not be responsible for the maintenance of roadway and appurtenant improvements, including storm drainage related facilities. L. A separate building permit shall be obtained prior to the construction of any building or structure, including any future entry way and/or gates. M. A plan review is required for each building for which a building permit is required. Residential building plans maybe required to bear the wet stamp of a Colorado registered architect or engineer. N. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Currently, Weld County has adopted the following: 2006 International Residential Code, 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code. O. Each building will require an engineered foundation based on a site -specific Geotechnical Report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. P. Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. Q. Building height shall be measured in accordance with the applicable Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. R. Prior to the release of building permits, the applicant shall submit evidence of approval by the Ault Fire Protection District to the Weld County Department of Building Inspection. 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 8 S. All signs, including entrance signs, shall require building permits. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. These requirements shall apply to all temporary and permanent signs. T Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. U. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. V. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. W. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. X. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. Y The site shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. Z. No development activity shall commence, nor shall any building permits be issued on the property, until the Final Plan has been approved and recorded. AA. The applicant shall comply with Section 27-8-50 of the Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed, or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 9 BB. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. CC. "Weld County's Right to Farm" statement, as provided in Appendix 22-E of the Weld County Code, shall be placed on any recorded plat. DD. 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, and adopted Weld County Code and policies. EE. Section 27-8-70 of the Weld County Code - Failure to commence a PUD final plan - If no construction has begun or no use established in the PUD within one (1) year of the date of the approval of the PUD final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD final plan have changed or that the landowner cannot implement the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order the recorded PUD plan vacated. FF. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization, or upon the owners or residents of the PUD, setting forth that the organization has failed to comply with the PUD 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. GG. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., C.R.S. HH. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 3. The final plat map shall be submitted to the Department of Planning Services for recording within thirty (30) days of approval by the Board of County Commissioners. With the final plat map, the applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, 2008-2278 PL1922 PUD FINAL PLAN, PF #1130 - GARY AND VICKY MACKEY / BRYON AND JAMIE MACKEY PAGE 10 and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). 4. Prior to Release of Building Permits: A. A letter of approval from the Ault Fire Protection District shall be provided to the Department of Building Inspection. 5. Prior to construction: A. Stop signs and street name signs will be required at all intersections. 6. Prior to the release of collateral: A. The applicant shall submit recorded deeds which transfer ownership of the Outlot to the Homeowners' Association. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of September, A.D., 2008. ATTEST: L0V4d Weld County Clerk to the Boa BY: De „u Clerk T the Board APP OVE07ASTOO unty At omey Date of signature: 1°/? -10g BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO Wi Garcia David E. Long ugla F ademac er 2008-2278 PL1922 C On] RESOLUTION RE: GRANT CHANGE OF ZONE, PZ #1130, FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIX (6) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES -MACKEY CIRCLE PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS 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 5th day of September, 2007, at 10:00 a.m. for the purpose of hearing the application of Gary, Vicky, Bryon, and Jamie Mackey, 6804 Aaron Drive, Fort Collins, Colorado 80524, and Michael Cohrs, 29 Poste Viejo Lane, Greeley, Colorado 80634, requesting Change of Zone, PZ #1130, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for six (6) residential lots with E (Estate) Zone uses - Mackey Circle PUD, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption #4589 and Lot A of Recorded Exemption #2792; both a part of the NW1/4 of Section 6, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, Gary Mackey, applicant, was present, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, 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 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 27-5-30 of the Weld County Code. 2. The request is in conformance with Section 27-6-120.D as follows: Section 27-6-120.D.5.a - The proposal is consistent with any Intergovernmental Agreement in effect influencing the PUD and Chapter 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code_ The proposed PUD is not located in an area affected by an Intergovernmental Agreement. Section 22-2-60.C (A. Goal 3) states, "Provide mechanisms for the division of land which is agriculturally zoned. Options for division shall be provided to ensure the continuation of agricultural production and accommodate low intensity development" The proposed six -lot PUD is located on the dry corner of a productive farm. The applicant is proposing to change the zoning to PUD c QL p W, N2 APL 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 2 (Planned Unit Development) with E (Estate) Zone uses and conform to the regulations in Chapter 23 pertaining to the E (Estate) Zone District. b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II, of the Weld County Code. The applicant has met all of the Performance Standards, as delineated in Section 27-2-10 of the Weld County Code. The Conditions of Approval will ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. c. Section 27-6-120.D.5.c - 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 Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is within the three-mile referral area for the Towns of Ault and Pierce, and neither town has responded with comments regarding the proposed Change of Zone application. In the referrals received in response to the sketch plan, dated October 19, 2006, and October 24, 2006, respectively, both municipalities indicated no conflict with the proposal. d. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an adequate water supply and the sewage disposal system in compliance with the Performance Standards in Chapter 27, Article II, of the Weld County Code. The proposed PUD will be serviced by the North Weld County Water District and Individual Sewage Disposal Systems will handle the effluent flow. In the referral dated May 29, 2007, the Department of Public Health and Environment recommended approval of the application. The County Attorney has reviewed, and approved, the draft Water Service Agreement from the North Weld County Water District. Section 27-6-120.D.5.e - 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 PUD Zone District. County Road 37 is classified as a local paved road, as stated in the Weld County Department of Public Works referral, dated May 16, 2007, and improvements to County Road 37 are not required. f. Section 27-6-120. D.5.f -An Off -Site Road Improvements Agreement and an On -site Improvements Agreement proposal is in compliance with Chapter 24 of the Weld County Code, and a Road Improvements Agreement is complete and has been submitted, if applicable. Conditions of Approval will ensure the applicant will complete an On -site (Private) Improvements Agreement which addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 3 g. Code, prior to recording the final plat. The Improvements Agreement will require the construction of an internal road which will be dedicated to the County but maintained by the Homeowners' Association. Section 27-6-120.D.5.g - There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. Parts of the proposed subdivision are encumbered by floodplain, as shown on the FIRM Community Panel Map 080266 0480C. The location of the floodway within the designated floodplain has not been determined, and instead of locating the precise location of the floodway, the applicant has chosen to designate the entire floodplain as a "No -build Zone." In the referral dated June 15, 2006, the Colorado Geological Survey did not indicate the presence of mineral deposits and noted there are no geological conditions that would preclude subdivision; however, the referral noted that the existence of "expansive, collapsible and/or low -strength soils are likely present on -site." h. Section 27-6-120.D.5.h - Consistency exists between the proposed zone district uses, and the Specific Development Guide. The submitted Specific Development Guide accurately reflects the Performance Standards and allowed uses described in the proposed Zone District, as described previously. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Gary, Vicky, Bryon, and Jamie Mackey, and Michael Cohrs, for Change of Zone, PZ #1130, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for six (6) residential lots with E (Estate) Zone uses - Mackey Circle PUD, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Change of Zone plat: A. The plat shall be amended as follows: 1) All sheets of the plat shall be labeled PZ-1130. 2) The plat shall adhere to Section 27-9-20 of the Weld County Code. 3) County Road 37, adjacent to the proposed development, is classified by the County as a local paved road requiring 60 feet of right-of-way. The applicant shall verify the existing right-of-way, and the documents creating the right-of-way shall be noted, labeled, and dimensioned on the Change of Zone plat. If the right-of-way cannot be verified, it shall be dedicated on the final plat. 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 4 4) Primary and secondary septic envelopes shall be placed on Lot 5. All septic system envelopes must meet all setbacks. 5) Portions of the proposed subdivision lay within a Zone -A Flood Hazard Area, as shown on the Flood Insurance Rate Map, dated September 28, 1982 (FIRM 080266 0480C). All portions of all lots located in the 100 -year floodplain shall be designated as "No -build Zones." B. The applicant shall submit to the Department of Planning Services a finalized, executed, and recorded copy of the Water Service Agreement between the applicant and North Weld County Water District for service to the PUD. 2. The Change of Zone is conditional upon the following, and that each shall be placed on the Change of Zone plat as notes prior to recording: A. Change of Zone, PZ #1130, is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for six (6) residential lots. The lots will adhere to the uses allowed in the E (Estate) Zone District, except for the allowance of Auxiliary Quarters, as defined by Section 23-1-90 of the Weld County Code. The PUD will be subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. B. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity. C. A Homeowners' Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities. Open space restrictions are permanent. D. Water service shall be obtained from the North Weld County Water District. E. This PUD is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Septic systems shall be designed for site -specific conditions including, but not limited to, shallow groundwater, bedrock, gravel, and/or clay. F. A Stormwater Discharge Permit may be required for a development/ redevelopment /construction site where a contiguous or non contiguous land 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 5 disturbance is greater than, or equal to, one acre in area. The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit for more information. G. 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 Department 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 of land must incorporate all available and practical methods that are technologically feasible and economically reasonable, in order to minimize dust emissions. I. 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 J. A separate building permit shall be obtained prior to the construction of any building or structure, including any future entryway and/or gates. K. A plan review is required for each building for which a building permit is required. Residential building plans maybe required to bear the wet stamp of a Colorado registered architect or engineer. L. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Currently, Weld County has adopted the following: 2006 International Residential Code, 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2005 National Electrical Code, and Chapter 29 of the Weld County Code. M. Each building will require an engineered foundation based on a site -specific Geotechnical Report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. N. Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas, will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 6 O. Building height shall be measured in accordance with the applicable Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code, in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Property lines shall be clearly identified, and all property pins shall be staked, prior to the first site inspection. P. Prior to the release of building permits, the applicant shall submit evidence of approval from the Ault Fire Protection District to the Weld County Department of Building Inspection. Q. All signs, including entrance signs, shall require building permits. Signs shall adhere to Chapter 23, Division II, of the Weld County Code. These requirements shall apply to all temporary and permanent signs. R. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. S. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. U. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. V. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval stated herein and all applicable Weld County regulations. W. The site shall comply with all applicable rules and regulations of state and federal agencies, and the Weld County Code. X. No development activity shall commence on the property, nor shall any building permits be issued, until the Final Plan has been approved and recorded. 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 7 Y. The applicant shall comply with Section 27-8-50 of the Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed, or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. Z. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. AA. Weld County's Right To Farm Statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 3. The applicant shall submit two (2) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. 4. The Change of Zone plat map shall be submitted to the Department of Planning Services for recording within thirty (30) days of approval by the Board of County Commissioners. Along with the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages, and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). 5. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 6. At the time of Final Plan submission: A. The applicant shall submit an On -site Improvements Agreement According to Policy Regarding Collateral with the Final Plan application. This agreement must be reviewed, and approved, by County staff. 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 8 B. The plat shall indicate the location of the development sign and mailbox. An outlot shall be created so that the sign and mailboxes are located on property owned, and maintained, by the Homeowners' Association. C. The applicant shall submit evidence that the appropriate postal district has reviewed and approved the design of the mailbox pull off. D. The applicant shall name the interior road in accordance with Section 2-13-70 of the Weld County Code, as stated in the Weld County Department of Building Inspection referral, dated May 22, 2007. E. All copies of the Final Plan application shall include a copy of the proposed street name, as indicated in the Weld County Department of Building Inspection referral, dated May 22, 2007. F. The applicant shall submit evidence, to the Department of Planning Services, that the chosen interior street name and addresses have been reviewed by the Weld County Sheriffs Office, the Weld County Paramedic Service, and the appropriate postal district. G. The Department of Public Works received a Preliminary Subsurface Exploration and Geologic Hazards Report, dated August 24, 2006. This report was prepared by Earth Engineering Company, Inc., and is stamped, signed, and dated by Michael Joseph Coley, P.E. #35724. At the time of Final Plan submittal, the Final Subsurface Exploration and Geologic Hazards Report must be delivered to Department of Public Works for review. This report shall be signed, stamped, and dated by a Colorado registered professional engineer. H. The applicant shall submit, with the Final Plan materials, a pavement design for the internal roadway, prepared by a Colorado registered professional engineer. I. The applicant shall submit, to the Departments of Planning Services and Public Works, three copies of stamped, signed, and dated final plat drawings, and roadway/construction and grading plan drawings, for review and approval, with the Final Plan application. Construction details must be included. J. Stop signs and street name signs will be required at all intersections and shown as a Signing Plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices (MUTCD) shall govern the Signing Plan. 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 9 K. Easements shall be shown on the final plat, in accordance with County standards and/or recommendations of the Utilities Coordinating Advisory Committee. L. As per the application materials submitted at the Change of Zone, the applicant has agreed to install two fire hydrants at the request of the Ault Fire Protection District. The location and design of these hydrants shall be located on the utility map. Three additional copies (in excess of the 25 required) of the utility map shall be submitted at the Final Plan. M. A Final Drainage Report, stamped, signed, and dated by a Colorado registered professional engineer, shall be submitted with the Final Plan application. The five-year storm and 100 -year storm drainage studies shall take into consideration off -site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100 -year storm developed condition while releasing the five-year storm existing condition. The engineer will be required to show stormwater (detention) detailed calculations in the sealed Final Drainage Report. The Final Drainage Report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FIRM Community Panel Map #080266 0408C. N. The applicant must show the proposed detention facility and corresponding easement on the Final Plan materials. The maintenance of the detention pond shall be addressed. O. The applicant shall address all redline comments in the Drainage Report and on the construction plan drawings, as stated in the referral from the Department of Public Works, dated May 16, 2007. P. Portions of the proposed PUD lay in a Zone -A Flood Hazard Area, as shown on the FEMA Flood Insurance Rate Map, dated September 28, 1982 (FIRM Community Panel Map # 080266 0480C). All portions of all lots located in the 100 -year floodplain shall be designated as "No -build Zones" on the final plat. Q. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the Final Plan application. Front, rear, and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid stormwater flows, while taking into account adjacent drainage mitigation. R. Final drainage construction and erosion control plans (conforming to the Drainage Report) stamped, signed, and dated by a Colorado registered 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 10 professional engineer, shall be submitted with the Final Plan application. These plans (Stormwater Management Plans) may be based on Urban Drainage methodology. S. The applicant shall address all other issues in the referral from the Department of Public Works, dated May 16, 2007. Evidence that the Department of Public Works' concerns have been addressed shall be provided to the Department of Planning Services. T The applicant shall submit three (3) copies of the Covenants for Mackey Circle. The Covenants shall be approved by the Weld County Attorney's Office prior to recording the final plat. U. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development Covenants. The Covenants shall state that activities such as permanent landscaping, structures, dirt mounds, or other items are expressly prohibited in the absorption field site. 7. Prior to recording the final plat: A. The applicant shall submit evidence to the Department of Planning Services that the required School District cash -in -lieu of land dedication fee has been paid, as stated in the referral dated April 16, 2007. B. As stated in the referral from the Department of Public Works, dated May 16, 2007, the applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements. The agreement shall be approved by the Board of County Commissioners. C. The applicant shall submit Certificates from the Secretary of State showing the Homeowners' Association has been formed and registered with the State. D. The applicant shall submit the appropriate recording fee ($6.00 for the first page and $5.00 for all others) and a deed which transfers ownership of the outlot(s) to the Homeowners' Association. E. The applicant shall submit finalized copies and the appropriate fee ($6.00 for the first page and $5.00 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Mackey Circle in the Office of the Clerk and Recorder. F. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo 2007-2521 PL1922 CHANGE OF ZONE #1130 FROM A (AGRICULTURAL) TO PUD - GARY, VICKY, BRYON, AND JAMIE MACKEY, AND MICHAEL COHRS PAGE 11 Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). Group 6 is not acceptable. G. The applicant shall submit, to the Department of Planning Services, evidence of the granting and recording of any easement deemed necessary by either the County Attorney or the Department of Public Works The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of September, A.D., 2007. ATTEST: "N Weld County Clerk to th BY: V De ty Cle to the Boar APP: • ' ' S TO my Attorney Date of signature: giatit07 BOARD OF COUNTY COMMISSIONERS WEACOUNTY, COLORADO Long, Chair Je Pro -Tern F. Garcia, Robert D. Masden ouglas a'emach r 2007-2521 PL1922 Hello