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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20240533.tiff
RESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION, RESCIND RESOLUTION #2004-3337, DATED DECEMBER 15, 2004, AND REVOKE CHANGE OF ZONE, PZ-1050, TO REVERT THE RIDGEVIEW PUD (PLANNED UNIT DEVELOPMENT) ZONING TO THE A (AGRICULTURAL) ZONE DISTRICT - P & A TURKEY FARMS, INC., C/O DOUGLAS PLUSS 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 #2004-3337, dated December 15, 2004, the Board approved the application of P and A Turkey Farms, Inc., P.O. Box 22253, Denver, Colorado 80222, for Change of Zone, PZ-1050, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, for nine (9) lots with E (Estate) Zone uses; one (1) common open space outlot, and two (2) agricultural outlots, for a parcel of land located on the following described real estate, to -wit: Part of the NE1/4 of Section 36, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, Condition of Approval #2.CC of PZ-1050 required a final plat map to be submitted to the Department of Planning Services for recording within three (3) years of approval, and WHEREAS, the property owner, P and A Turkey Farms, Inc., c/o Douglas Pluss, 3033 East First Avenue, Suite 502, Denver, Colorado 80206-3673, by letter dated January 17, 2024, has requested revocation of the Ridgeview PUD (Planned Unit Development) Zone District, stating they do not intend to proceed with the PUD, and WHEREAS, Section 27-8-40 of the Weld County Code provides standards for revocation of said Planned Unit Development Zone District, 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 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 submittal of the PUD Final Plan. Although the Change of Zone was conditionally approved on December 15, 2004, the current property owner has submitted a letter dated January 17, 2024, requesting 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 submit the PUD Final Plan. 4962876 Pages: 1 of 2 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 11111INFMNAVICelairlihi«'P CC'. pL(ER/MN/SF), ASR(s&t, APPL. 06 /o5/24 2024-0533 PL1754 ACCEPT REQUEST TO WITHDRAW APPLICATION, RESCIND RESOLUTION #2004-3337, `DATED DECEMBER 15, 2004, AND REVOKE CHANGE OF ZONE, PZ 1050, TO REVERT THE RIDGEVIEW PUD (PLANNED UNIT DEVELOPMENT) ZONING TO THE A (AGRICULTURAL) ZONE DISTRICT - P & A TURKEY FARMS, INC., C/O DOUGLAS PLUSS PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of P and A Turkey Farms, Inc., c/o Douglas Pluss, to withdraw the application for Change of Zone, PZ-1050, on the parcel of land described above, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2004-3337, dated December 15, 2004, be, and hereby is, rescinded, and the PUD (Planned Unit Development) Zone District approved by said resolution and recorded at Reception #3339327, dated August 3, 2005, be, and hereby is, revoked and ordered to be reverted to the A (Agricultural) Zone District. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of March, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTe ORA ATTEST: ��2 J ill i k Weld County Clerk to the Board BY: ni • VIJ 3Ta-- Deputy Clerk to the Board APP '!° DAS County Att.rney Date of signature: 31" 1 Z4 Gl Kevin -p. Ross, Chai Mike Feman A Scot 4962876 Pages: 2 of 2 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII WAIFa WIN, II III Saine Pro-Tem 2024-0533 PL1754 MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JIM FLESHER, LONG-RANGE PLANNER DATE: MARCH 4, 2024 RE: REQUEST TO WITHDRAW AND RESCIND PLANNED UNIT DEVELOPMENT PZ-1050 (RIDGEVIEW PUD) The Department of Planning Services has received a request for withdrawal from the owner of the property zoned Planned Unit Development under PZ-1050, Ridgeview PUD, located at the southwest corner of County Roads 49 and 52, recorded on August 3, 2005. A final plat application was never submitted. The property owner, P&A Turkey Farms, Inc., represented by Douglas Pluss, submitted the withdrawal request on January 17, 2024. The attached resolution would approve the withdrawal of the PUD and revert the zoning of the property to A (Agricultural). In additional to the owner, 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. 2024-0533 Continued, next page °3/O4 ,ge 1 pL1154 Esther Gesick From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Douglas Pluss <doug@plussinvestmentco.com> Wednesday, January 17, 2024 1:33 PM Jim Flesher Rodgeview PUD - PZ - 1050 scan.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. Jim Flesher, Long -Range Planner Department of Planning Services 1402 N. 17th Ave. Greeley, CO 80631 Via email to jflesher@weld.gov Subject: PZ-1050, Ridgeview PUD Dear Mr. Flesher: P & A Turkey Farms, Inc. is the sole owner of the portion of the northeast quarter of Section 36, Township 5 North, Range 65 West of the 615 PM (parcel number 096136100005) that was zoned Planned Unit Development in 2005, recorded under reception number 33O9327. Please accept this letter as my request to withdraw the application known as Ridgeview PUD (PZ-1050). I understand the Weld County Board of County Commissioners will revoke the approval of PZ-1050 and revert the land to the A (Agricultural) zone district. Sincerely, Dougl.s A Pluss Regist&d agent for P & A Turkey Farms, Inc. Date I IINN 111111 IIIINII NII IIIIu III IIIII NN 1111 , qyz' P zr.m o 0.m �9rwa Menem CbM a a^�°r • .�. roe.,m.am•ew. rmaxm�a .ymp<r RIDGEVIEWPUD CHANGE OFZONEPZ-1050 A PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WEI.D, STATE OF COLORADO 'DenJer Lek .w«c �am<vrw r=nnncwre suy rwx er re m. Bma er �y ��wZ.nq arcu°nr,,ii r�°�a avwamMmn are°.�mo-i r,ro..nm tens rtr.• b wv�w tl,wr �.in ma u. .. • w.e ca -P VICINITY MAP 1"=2000' `R0D1.l2REZ.ep ae� O z � o ? N ' O �Nm O ¢-.o Q 54, `0 J � a rc zao , SHEET , Orz RIDGEVIEWPUD CHANGE OF ZONE PZ-1050 IIIIINI�IIIllIIIIIIIIIIIIIIIIIIIIIII11111111NI111 A PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THF. 6TH P.M., a�•,„,u�`P� ma« COUNTY OF WELD, STATE OF COLORADO x�w LINE TABCE x, REN90N8xn cauwn xx DAIE: $ �, V Mi RID"'" PUD CHANGE " ZONE "-1050 \ j N � ; fOR ��„D. rs.xa��N.RE� ` _ _ //•� DING SURVEYORS INC. � m n � € P&A TURKEY FARMS. 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Barra —4,":117.- ,ra- .•.. Is Proposed H Existing Zoning = Agricultural Zoning = PUD Estate/AgricultWaUOpen —..,_.. Space 'o IS ,.. °5,','1A ww na-Eaz> lava. ...,, DEIaR/Lv"B DL-rarc C xn xo sc.,. a ::/Y Nu �x ur ul ,...:�,....•p`y1° L w ` li� K "'wn rx traJ N69"56'1'E `s namcxms:],s"xx :v µV �ux� 569'38'54'W�x .r. Ov r..u¢z. z 'Pri. .w ,Foes 127].4' e OIRLOTA razes � 12}1.06' a', xs�. W - xrix[/ s �' 1 LEGENDS ax. a�a \/�_ .-. ---- Waxr-a._aa<xax �xE t ar „._o_________,, oe z-e.M'rz.:��•�-W x]OR 3Y 589''54'W r �g2J106' gym. .:®o SIGN DETAIL xor ro sc,iE � 2 B I�. xW "° ei. 3°'° �o I. ��, wn» mxw / / u>rcx��no"a ac onaxxWao .x rix.. n9axl .. s+w'5 ,s r...,17,....„ yaw «scxl t,x xs ,o`m"eE = x.. of `, ) Iy .k. f mrc4.rew v,e MI -a -..r (a , ° mi � E-.51,,,,,,, •z. ..o.74.x.,..Exl.,xax.x.n,roc�.s+arxox TYPICAL SECTION o LOCAL ROADWAY � uocas —7:41,2. _ — — _ — _ —_ — —r ��Mr_______ Ono niox---7--.., ,emm EnsmcN ,o— F.�.,+i., w.gx..x .L. „„ ax mu. 4 ,a' ) 0 h LOT I• 4 n a • vttam eus aucm x0 m r /, a( Q— Loi 2 mwrc coxma vc« ms.. e. + #s q��R rx.. .a....7.4:7E.,,,,,....=,--. n� - rM ® uoxwwr srrN sx. taN sv p xo4xi 4cns'> 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: P & A Turkey Farms, Inc. do Douglas Pluss 3033 East First Avenue, Suite 502 Denver, Colorado 80206-3673 Request: Withdraw Application, Rescind Resolution #2004-3337, dated December 15, 2004, and Revoke Change of Zone, PZ-1050, to revert the Ridgeview PUD (Planned Unit Development) Zoning to the A (Agricultural) Zone District Legal Description: Part of the NE1/4 of Section 36, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 52; west of and adjacent to County Road 49 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: February 20, 2024 ADJACENT PROPERTY OWNERS WITHDRAW, RESCIND, REVOKE AND REVERT PZ-1050 Owner P & A TURKEY FARMS INC DARREN AND TARYN SHARP CLINT AND TAMMY FISCUS RONALD AND KAREN BERNHARDT MARK HAMILTON JOHN AND LOUISE SCHMIDT WATER COLORADO LLC BRIAN AND DENISE BARTON M & J DAIRY LLC FIRESTONE CATTLE RANCH LP MICHAEL BOULTER FARMS LLC CHRIS FLASCHENRIEM Address 3033 E 1ST AVE STE 502 23777 COUNTY ROAD 52 23561 COUNTY ROAD 52 23909 COUNTY ROAD 52 25469 COUNTY ROAD 49 23771 COUNTY ROAD 50 PO BOX 930 27495 COUNTY ROAD 46 25871 COUNTY ROAD 52 PO BOX 517 22019 COUNTY ROAD 54 24500 COUNTY ROAD 49 City DENVER GREELEY GREELEY GREELEY GREELEY LA SALLE FORT COLLINS KERSEY KERSEY EATON GREELEY GREELEY State Zip CO 80206-3673 CO 80631-9018 CO 80631-9018 CO 80631-9019 CO 80631-9759 CO 80645-8609 CO 80522-0930 CO 80644-9031 CO 80644-8814 CO 80615-0517 CO 80631-9764 CO 80631-9700 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 to Withdraw, Rescind, Revoke and Revert zoning of PZ-1050, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 14th day of February, 2024. Esther E. Gesick Clerk to the Board WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/6/2024 1:55:53 PM 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. ClQ.n lA)l?h (.6 )(1_, '11 LA Z--t' Signature Date Property Owners Within 500 Feet of Parcel # 096136100005 Account Parcel Owner Mailing Address R3922686 096125000056 SHARP TARYN R3922686 096125000056 SHARP DARREN 23777 COUNTY ROAD 52 GREELEY, CO 806319018 R8941232 096125400009 FISCUS TAMMY R8941232 096125400009 FISCUS CLINT D 23561 COUNTY ROAD 52 GREELEY, CO 806319018 R8945036 096125400026 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8945037 096125400027 BERNHARDT KAREN E R8945037 096125400027 BERNHARDT RONALD E 23909 COUNTY ROAD 52 GREELEY, CO 806319019 R8947194 096125400032 WELD COUNTY OF 1150 O ST GREELEY, CO 806319596 R8947195 096125400033 HAMILTON MARK 25469 COUNTY ROAD 49 GREELEY, CO 806319759 Parcels: 31 Owner Records: 38 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/6/2024 1:55:53 PM 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. Oak 1,00-14a6 111Z-14 Signature Date Property Owners Within 500 Feet of Parcel # 096136100005 Account Parcel Owner Mailing Address R0216987 096136000062 SCHMIDT LOUISE MARIE R0216987 096136000062 SCHMIDT JOHN JR 23771 COUNTY ROAD 50 LA SALLE, CO 806458609 R8946757 096136100004 WELD COUNTY OF 1150 O ST GREELEY, CO 806319596 R8946758 096136100005 170 T1 P & A TURKEY FARMS INC 3033 E 1ST AVE STE 502 DENVER, CO 802063673 R1374802 096136100074 P & A TURKEY FARMS INC 3033 E 1ST AVE STE 502 DENVER, CO 802063673 R1374902 096136100075 P & A TURKEY FARMS INC 3033 E 1ST AVE STE 502 DENVER, CO 802063673 R8956802 096136200014 WATER COLORADO LLC PO BOX 930 FORT COLLINS, CO 805220930 R8969144 096136200021 BARTON DENISE LYNN BILLINGS R8969144 096136200021 BARTON BRIAN SCOTT 27495 COUNTY ROAD 46 KERSEY, CO 806449031 Parcels: 31 Owner Records: 38 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/6/2024 1:55:53 PM 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. Oat\ a1 i (J�. 2 1 LI I Signature Date Property Owners Within 500 Feet of Parcel # 096136100005 Account Parcel Owner Mailing Address M8976118 096330100007 M & J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 M8976120 096330100007 M & J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 M8976119 096330100007 M & J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 M4169086 096330100007 M&J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 R8943231 096330300008 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8943743 096331200001 MICHAEL BOULTER FARMS LLC 22019 COUNTY ROAD 54 GREELEY, CO 806319764 R8943739 096331200002 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8943780 096331200003 WELD COUNTY OF 1150 O ST GREELEY, CO 806319596 R8943781 096331200004 FLASCHENRIEM CHRIS 24500 COUNTY ROAD 49 GREELEY, CO 806319700 Parcels: 31 Owner Records: 38 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/6/2024 1:55:53 PM 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. r y CL1jf► L. --ZI Z4 Signature Date Property Owners Within 500 Feet of Parcel # 096136100005 Account Parcel Owner Mailing Address R8969145 096136300022 BARTON DENISE LYNN BILLINGS R8969145 096136300022 BARTON BRIAN SCOTT 27495 COUNTY ROAD 46 KERSEY, CO 806449031 R8942484 096136400005 WELD COUNTY OF 1150 O ST GREELEY, CO 806319596 R8961673 096136400010 SCHMIDT LOUISE MARIE R8961673 096136400010 SCHMIDT JOHN JR 23771 COUNTY ROAD 50 LA SALLE, CO 806458609 M4168686 096330100007 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8943230 096330100007 M & J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 M8976121 096330100007 M & J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 M8976122 096330100007 M & J DAIRY LLC 25871 COUNTY ROAD 52 KERSEY, CO 806448814 Parcels: 31 Owner Records: 38 Page 3of6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/6/2024 1:55:53 PM 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. (._)(114 LOCO + w L 2)-1 ) 4 r Signature Date Property Owners Within 500 Feet of Parcel # 096136100005 Account Parcel Owner Mailing Address R8943923 096331300019 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8943924 096331300020 BOULTER MICHAEL JAMES 22019 COUNTY ROAD 54 GREELEY, CO 806319764 Parcels: 31 Owner Records: 38 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/6/2024 1:55:53 PM 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 # 096136100005 Parcels: 31 'Pi.200 tie ) ( z a Signature ‘ereallares Owner Records: 38 Date Page 6of6 • eaD4tea *IIraglans . 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Cotphea- "'`fir leArtocep lee' astir%A. Iyz.� asa Sesser sasses., s• oat AA said bareoesee end ftall.... '� isles t�'y ootel of gym* Pli s had Ito • to haat,. tbo Affairs of w! oottl its � a 1o�+w �_ :,r. ���'d'b'•r,..,r �� ` Vie' of allot me mil CO...a* Kilo. •� MLr - all �Zi�:�. a. t6. ley •j My � �� Q. �tdl katt. •j the State •j ior.�r• Pore or -- "b`11 r. leap* *ea. ther 'Porestom biLtoo A. ?Isms, t eight*ital. Stati • beefless +. ld Cox. Oolroo to Quires he �• sit tits�"'�"'' .mob 17 mad t -Lows es a. !Ass pews to to sa/• . «. raft: Cisealasiss ra %ar ••d ...us astht. +ter after; ihi haft11 'we 5• �jt. 23rd 41.7 of Asee.e• set oat hams (UAL) Siela .;it. -3- c of 13 7930 CvE oc itqcoRpoaATioN J., " s. • DOMESTIC jock to.azo UORGE SAWN I, Saw r 42a ftelmitsb o` 983 rH,„ e.,,trm ono Wa Adrsyit4 .. t r his lK.cf.,A ti Clerk • DRdGD►ATI� OF R��sDO3t C �,�.: $an "'101i ARbRiGEREROB" zjJi°40 halaa* the toe adds sae d�� to t fitly �e �� a corporation �. � tbo t'Metp,ed dtle! d ��� r�latla d � dab tr �t4tered r� 4 � State a *�1�• �� 'Arleta, aY the eo of Coh;,tam ehau tad that the pr �cl� hal! �' �� a� �tl pie d �q 4 Meath's' with am er ndaesa d Cho ters,_. ► (fr �! _ �� hiColoDi rado 4: R► E� WHEREOF tha eaay.� l,W qa tb la lie pat by a amftrt t as abor'�� -• C P�j� �a certificate llr� wla '�.�f t! p , ----.........................67 (W SATE or cowry op a notary af the Prealdeat that he armed the to d agar ey surestt have pad Dieto Sato ayAla,' Mr commtaaiop A.D. 1h�, aed �lree seal tba P1t)TE; ��ice Ja =—� State Ot Colo a o 1. 1969, each corna.l lb) bual4eaa. A registered A r officech°p abt11 ha"nM Coatis ...81y ^R ac cocPorat/un, �Keat, ahlc ' he, bpi aced a°aaly ma/ptalp !n be dvalnesa � not oltic � 1 Mleal IC°rpat. Y he either ap l the amine v Jta place o( �� �"`.�� `'` .� 'Nh r���1 °� ce. �•�^r++Aa IncColo ado boor* a• ihe is le tbereta _'��•e me tree. R._ DESIGNATION of RECAST. IINaDop, , AND NNOISTERED AGENT SColorado Secretary of State Colorado Secretary of State ID#: 19871137950 Document #: 20238289153 Filed on: 12/12/2023 11:24:31 AM Paid: $10.00 Periodic Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) The entity name is P & A TURKEY FARMS, INC. The entity ID Number is 19871137950 Jurisdiction under the law of which the entity was formed or registered is Colorado The principal office street address is 3033 East First Avenue Suite 502 Denver CO 80206 US The principal office mailing address is 3033 East First Avenue Suite 502 Denver CO 80206 US The name of the registered agent is Douglas A Pluss The registered agent's street address is 3033 East First Avenue Suite 502 Denver CO 80206 US The registered agent's mailing address is 3033 East First Avenue Suite 502 Denver CO 80206 US The person above has agreed to be appointed as the registered agent for this entity. Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Douglas A Pluss 3033 East First Avenue Suite 502 Denver CO 80206 US Y DEC-ZZ-77 0 o z 7 9 O 1739572 9 - 2.00L _... ... a_.--. /7..5-6 BOOK •to 38 818 Recorded ............... C.. 2..2..l�777......,...... at....... o'clock ... ....M, Reception No........ c MARY ANN PEUERSTEIN Recorder t`- Cilia year of P & of the to the hereby grant, forever, State appertaining, `estate, of, 'pariie heirs, of the of inheritance, convey bargains, and and said seal Signed, BV1b, Made this of our Lord one thousand nine hundred the 2546 0 WC R 49 County A Turkey Farms, Inc. 25460 W C R 49 County • WITNESSETH, That the said part said patties of the first part confessed and acknowledged, bargain, sell, convey and confirm all the following described lot of Colorado, to -wit: The Northeast Quarter West of the 6th P.M., a right of way in and North, Range 65 West, and a dike; as granted at page 238; AND EXCEPT line of the Gilmore Canal, and operating an irrigation and Irrigation Company at page 371. TOGETHER with all and singular and the reversion and reversions, right, title, interest, clahn.and in and to the above bargained premises, . TO HAVE AND TO HOLD the s of the second part, its heirs executors and administrators, second part, its heirs well seized of the premises in law, in fee simple, the same in manner and form sales, liens, taxes, assessments the above premises, in the quiet assigns, against all and every person part ies of the first part shall IN WITNESS WHEREOF, The the day and year first above Sealed and Delivered in the Presence 19th day of December in the and 77 , between Andrews & Company ( a part- nership) of Weld , and State of Colorado, of the first part, and of Weld . and State of Colorado, of the second part: ies of the first part, for and in consideration of the sum of $10.00 DOLLARS, in hand paid by the said part ies of the second part, the receipt whereof is has granted, bargained, sold and conveyed, and by these presents do unto the said parties of the second part, its heirs and assigns, or parcel of land, situate, lying and being in the County of Weld and T.. -•t 0 p N tv 0 o ,4 c.'._, G' \ (NE4) of Section 36, Township 5 North, Range 65 County of Weld, State of Colorado, TOGETHER WITH over the West Half of Section 31, Township 5 for the conveyance of water through its ditches by instrument recorded May 9, 1928 in Book 847 a strip of land ninety (90) feet of the center for the purpose of constructing, maintaining, canal, as deeded to The Farmers Reservoir by instrument recorded May 25, 1914 in Book 393 ' the-hereditaments and appurtenances thereunto belonging, or in anywise remainder and remainders, rents, issues and profits thereof; and all the demand whatsoever of the said parties of the first part either in law or equity, with the hereditaments and appurtenances. - said premises above bargained and described, with appurtenances, unto the said —and assigns forever. And the said parties of the first part, for i t s do conven'ant, grant, bargain and agree to and with the said part and assigns, that at the time of the ensealing and delivery of these presents above conveyed, as of good, sure, perfect, absolute and indefeasible estate and has good right, full polder and lawful authority to grant, bargain, sell and aforesaid, and that the same are free and clear from all former and other grants, and incumbrances of whatever kind or nature soever: and peaceable possession of the said part ies of the second part, the irheirs or persons lawfully claiming or to claim the whole or any part thereof, the and will WARRANT AND FOREVER DEFEND. said parties of the first part has hereunto set their hand and written. of Andrews & ompany. (a artn ip) (SEAL) --- ----- ---- - -- .. ..... .......................... Harry A Andrews (partner) . '.. .(SEAL) State Documentary Fee Date 1977 7'. 5,,, .2 STATE OF COLRADO, ,S,gNlth of weld ss. The foregoing instrument was acknowledged before me this. ......day �� 1.1��'"' of......_December ., is. ..7.7...., by.... Harry ...A.....Atzdrews_..as ........... ,d t\ .. ......., ....e ,.. Partner of Andrews & Company _ --••(a•• Partnership)••••.••.•.--•---.. ypi ,tr � Dd- thin d Official Seal. UIH C� nr •. a : My .n 7, mes... r Notary Public' .'• pU [ ,l.Lbfri +�-+ otq 0t0a D.. 14, 1Sr18 '..9';'.`..'• ........•..0 QQn , �. M$i1i g ese for future Tax Notices................._.. Yd WARRANTY DEED -THE C. F. NOECKEL CO.. DENVER. COLO. 286127 RESOLUTION RE: GRANT CHANGE OF ZONE #1050 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - P AND A TURKEY FARMS, INC. 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 December, 2004, at 10:00 a.m. for the purpose of hearing the application of P and A Turkey Farms, Inc. P.O. Box 22253, Denver, Colorado 80222, requesting a Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9) lots with E (Estate) Zone uses; one (1) common open space outlot, and two (2) agricultural outlots, for a parcel of land located on the following described real estate, to -wit: Part of the NE1/4 of Section 36, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Todd Hodges, Todd Hodges Design, LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, 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 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 27-5-30 of the Weld County Code. 2. The request is in compliance with Section 27-6-120.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 proposed site is not influenced by an Intergovernmental Agreement and is outside of the Mixed Use Development Area (MUD). The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development, which includes a residential use, should provide common open space free of buildings, streets, driveways, or parking 2004-3337 PL1754 (, ne), LQ-P) /1<ife;-z 0/-/g CHANGE OF ZONE #1050 FROM A (AGRICULTURAL) TO PUD - P AND ATURKEY FARMS, INC. PAGE 2 areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation. Some Planned Unit Developments may not require common open space depending on their type, density, or other factors. The proposed development is not required to have open space per Section 27-2-140; however, the applicant has included 6.611 acres of open space in the form of a detention pond and have dedicated 101.1 acres into a conservation easement. 2) Section 22-2-210.D. 3. (PUD.Policy 4.3.)— Conservation of natural site features such as topography, vegetation, and water courses should be considered in the project design. In the referral received October 20, 2003, for the Sketch Plan, the Farmers Reservoir and Irrigation Company stated that it had five concerns: drainage into the canal, they would like a maintenance road on both sides of the canal, groundwater into basements, crossing agreement, and the right to farm understanding. The applicant has entered into a Right-of-way Easement and License Agreement per reception number 3044497 in order to cross the Gilmore Canal. The Department of Planning Services is requesting that the Right to Farm note be placed on the plat. The attached Conditions of Approval address the remaining concerns of the Farmers Reservoir and Irrigation Company. 3) Section 22-3-50.B.1 (P.Goal 2) states, "Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of the County." The residential lots will be serviced by the Central Weld County Water District. Four (4) shares of The Farmers Reservoir and Irrigation Company will be used to irrigate Outlots B and C. 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 PU D Zone District contained in Chapter 27, Article II, of the Weld County Code. 1) Section 27-2-20, Access standards - The applicant has agreed to pave the internal road to County standards. 2) Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District, except for the number of animal units, and the ability to have carriage estates. 3) Section 27-2-76, Conservation Easement — The applicant has entered 101.1 acres (Outlots B and C) into a conservation easement with the Colorado Open Lands Corporation to ensure the protection and viability of the area. 2004-3337 PL1754 CHANGE OFZONE#1050 FROM A (AGRICULTURAL) TO PUD - P AND A TURKEY FARMS, INC. PAGE 3 4) The applicant has met the remaining Performance Standards as delineated in Section 27-2-10. The Conditions of Approval 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 not influenced by an Intergovernmental Agreement. The proposed development is located within the three-mile referral area for the City of Evans, City of Garden City, Town of Kersey, and the Town of LaSalle, all of which indicated no conflicts with their interests. 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 residential lots will be serviced by the Central Weld County Water District. Four (4) shares of The Farmers Reservoir and Irrigation Company will be used to irrigate Outlots B and C. The Weld County Attorney's Office has indicated that the agreements submitted by the applicant are adequate for the Change ofZone. The Weld County Department of Public Health and Environment has indicated, in a referral response dated September 15, 2004, that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. 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 Weld County Department of Public Works has reviewed the interior roadway and has required the applicant to comply with the PUD requirements per Section 27-2-20 of the Weld County Code. The Department of Public Works has required the local residential road right-of-way to be 60 feet in width, including cul-de-sacs with a 65 -foot radius, and dedicated to the public. A typical section shall be shown on the Change of Zone plat. The typical local roadway section shall be shown as two 12 -foot paved lanes with two 4 -foot gravel shoulders. The cul-de-sac edge of pavement radius shall be 50 feet. The Department of Public Works has not required sidewalk, curb, or gutter for this development. The Department of Public Works is requiring a 65 -foot right-of-way reservation for Weld County Road 49 to be dedicated on the final plat. Weld County Road 49 is classified by the County as a rural area arterial and requires a 130 -foot right-of-way. Weld County Road 49 serving this development is paved. 2004-3337 PL1754 CHANGE OF ZONE #1050 FROM A (AGRICULTURAL) TO PUD- P AND A TURKEY FARMS, INC. PAGE 4 The Department of Public Works is requiring a 30 -foot right-of-way for Weld County Road 52 to be dedicated on the final plat. Weld County Road 52 is classified by the County as a local gravel road and requires a 60 -foot right-of-way. Weld County Road 52 serving this development is gravel. 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 Chapter24 of the Weld County Code, and a Road Improvements Agreement is complete and has been submitted, if applicable. The Weld County Departments of Public Works and Planning Services have required an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Ridgeview PUD for all on -site and off -site improvements prior to recording the final plat. 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. The applicants have entered into an Avigation Easement with the Greeley/Weld County Airport Authority (reception # 3205455) because the proposed development is within the approach path of the airport. According to the application, there are three known mineral interests; the State of Colorado, Prima Oil and Gas Company, and Patina Oil and Gas Corporation. In a letter dated September 17, 2004, Patina Oil and Gas Corporation stated it has no concerns with the proposed development. The Department of Planning Services has not received any correspondence from the State of Colorado or Prima Oil and Gas Company regarding the proposed development. The Conditions of Approval will ensure that all future structures will meet the appropriate setbacks. h. Section 27-6-120.D.5.h -- Consistency exists between the proposed zone district(s), uses, and the Specific Development Guide. The submitted Specific Development Guide does accurately reflect the Performance Standards and allowed uses described in the proposed Zone District, as described previously. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services and Board of Commissioners is in agreement with this request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of P and A Turkey Farms, Inc. fora Change ofZone from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for nine (9) lots with E (Estate) Zone uses; one (1) common open space outlot, and two (2) agricultural outlots, 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 Change of Zone plat shall be amended to delineate the following: 2004-3337 PL1754 CHANGE OF ZONE #1050 FROM A (AGRICULTURAL) TO PUD - P AND ATURKEY FARMS, INC. PAGE 5 1) All sheets of the plat shall be labeled PZ-1050. 2) The internal roads shall address all issues indicated in the Weld County Department of Public Works referral dated September 20, 2004. Written evidence of their approval shall be submitted to the Department of Planning Services. 3) The applicants representative has indicated that Outlot A will be used as a drainage detention for the development, therefore, the plat shall be amended to show a detention pond in Outlot A. B. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. C. The applicant shalt address the remaining requirements and concemsofThe Farmers Reservoir and Irrigation Company, as stated in the referral response received October 20, 2003. In their referral The Farmers Reservoir and Irrigation Company indicated it would like a 20 -foot minimum width maintenance road on both sides of the ditch. The applicant shall submit written evidence to the Department of Planning Services that the road is within the ditch right-of-way, an agreement has been made with The Farmers Reservoir and Irrigation Company, or evidence that an adequate attempt has been made to mitigate their concerns. D. The existing septic system (currently not known to be permitted) must be properly abandoned in accordance with Section 30-4-20 (D) as a part of this development, or the existing septic system will require an I.S.D.S. evaluation prior to the issuance of the required septic permit (recorded Statement of Existing). Written evidence from the Department of Public Health and Environment showing the applicant has met their requirements shall be submitted to the Department of Planning Services. E. 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. 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 Exportfiles format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). 2. The Change of Zone is conditional upon the following and each shall be placed on the Change of Zone plat as notes, prior to recording: A. Change of Zone, PZ-1050, is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, consisting of nine (9) residential lots with E (Estate) Zone uses; one (1) common open space 2004-3337 PL1754 CHANGE OF ZONE#1050 FROM A (AGRICULTURAL) TO PUD - P AND ATURKEY FARMS, INC. PAGE 6 outlot (6.611 acres), and two (2) agricultural outlots (101.106 acres). The E (Estate) Zone uses shall comply with the E (Estate) Zone District requirements as set forth in Chapter 23 of the Weld County Code, except for animal units and carriage estates, as stated in the development standards. B. The intent and use of the carriage estates within the proposed development is to be consistent with the definition of auxiliary quarters in Section 23-1-90 of the Weld County Code, with the exception of the 2.5 -acre minimum lot size. C. There may be a combination of cats and dogs not to exceed three animals on each lot. D. Each lot shall have no more than one animal unit. Each of the following shall comprise one "animal unit": two horses, one burro, one mule, one cow, three llamas, six alpacas, six rabbits or ten chickens (no roosters). A combination of animals is allowed as long as the total animal units does not exceed one animal unit per lot. E. A maximum of two (2) offspring, up to six (6) months old, shall be excluded from the calculation for animal unit. F. No swine, sheep, or goats shall be allowed unless approved by the Homeowners' Association, speck to 4-H projects. The number of swine, sheep, or goats shall never exceed four of any combination per lot. G. Water service shall be obtained from the Central Weld County Water District. H. This subdivision is in rural Weld County and 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. I. Primary and secondary septic envelopes shall be placed on each lot. Each envelope must meet all setback requirements. J. Activities such as permanent landscaping, structures, dirt mounds, or other items are expressly prohibited in the absorption field site. K. If required, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 2004-3337 PL1754 CHANGE OF ZONE #1050 FROM A (AGRICULTURAL) TO PUD - P AND A TURKEY FARMS, INC. PAGE 7 L. 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. M. 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. N. 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. O. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be located outside of the sight distance triangles. P. Weld County's Right to Farm shall be recognized at all times. Q. The site shall maintain compliance at all times with the requirements of Weld County Government. R. Personnel from the Weld County Government 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. S. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. T. 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 along with the enforcement of covenants. U. Appropriate Building Permits shall be obtained prior to any construction of structures or excavation. V. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. 2004-3337 PL1754 CHANGE OF ZONE #1050 FROM A (AGRICULTURAL) TO PUD - P AND A TURKEY FARMS, INC. PAGE 8 W. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. X. Buildings shall conform to the requirements of the Codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code, and Chapter 29 of the Weld County Code. Y. 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. Z. 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 the Weld County Code. AA. Building height shall be measured in accordance with the 2003 International 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. BB. No development activity shall commence, nor shall any Building Permits be issued on the property, until the Final Plan has been approved and recorded. CC. The applicant shall comply with Section 27-8-50 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. 2004-3337 PL1754 CHANGE OF ZONE #1050 FROM A (AGRICULTURAL) TO PUD - P AND A TURKEY FARMS, INC. PAGE 9 DD. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 3. At the time of Final Plan: A. Prior to recording the final plat, the applicant shall provide written evidence from Weld County School District RE -7 which indicates that all District requirements have been met. B. The applicant shall submit an Improvement Agreement regarding collateral for all improvements to the PUD for acceptance by the Board of County Commissioners prior to recording the final plat. C. The applicant shall submit Covenants for the Ridgeview PUD. The Covenants shall include the following number of animal units and language for the protection of septic envelopes, activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly prohibited in the designated absorption field site. The Covenants shall be approved by the Weld County Attorney's Office prior to recording the final plat. Original copies of the approved Covenants and Bylaws and Articles of Incorporation for the Homeowners' Association, along with the appropriate recording fee (currently $6 for the first page and $5 for subsequent pages), shall be submitted to the Weld County Department of Planning Services. D. The right-of-way for the internal roadway shall be dedicated to the County. E. The applicant shall enter into an agreement with Weld County to proportionally share the cost of improvements to the County Roads. The applicant shall submit a proposed agreement with the final plat application. F. The applicant shall submit to the Department of Planning Services evidence of review for the preliminary addresses and street name from the Postal Service, Fire District, and Sheriffs Office. G. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be outside the sight distance triangles. H. Roadway and grading plans, along with details, must be approved prior to recording the final plat. Indicate Stop signs and street names on final roadway plans. I. Easements shall be shown in accordance with County standards and/or Utilities Coordinating Advisory Board recommendations on the final plat. J. The applicant shall provide a pavement design prepared by a professional engineer along with the final plat submittal. 2004-3337 PL1754 CHANGE OF ZONE #1050 FROM A (AGRICULTURAL) TO PUD - P AND ATURKEY FARMS, INC. PAGE 10 K. A final drainage report and construction plans, conforming to the drainage report, shall be approved prior to recording final plat. L. The applicant shall address the remaining requirements and concerns of the Weld County Sheriffs Office, as stated in the referral response dated September 14, 2004, and October 20, 2003. M. The applicant shall address the remaining requirements and concems of The Farmers Reservoir and Irrigation Company, as stated in the referral response received October20, 2003. In the referral The Farmers Reservoir and Irrigation Company indicated it would like no drainage into the ditch. The applicants shall submit written evidence to the Department of Planning Services that an agreement has been made with the Farmers Reservoir and Irrigation Company or evidence that an adequate attempt has been made to mitigate their concerns shall be submitted to the Department of Planning Services. N. Prior to recording the final plat, 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 Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A.D., 2004. Date of signature: 6-1I 61 BOARD OF COUNTY COMMISSIONERS W D,tOUNTY, CQLORADO Robert D. Masden, Chair William H rke, Pro -Tern DavLong Glenn Vaad 2004-3337 PL1754
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