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Home My WebLink About20240532.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-1102 (DEER MEADOWS CLUSTER PUD), RESCIND STAFF APPROVAL DATED OCTOBER 13, 2006, RESCIND RESOLUTION #2006-0752, DATED APRIL 5, 2006, AND REVOKE CHANGE OF ZONE, PZ-1102, TO REVERT THE ZONING TO THE A (AGRICULTURAL) ZONE DISTRICT - KENT AND DEANNA MCDANIEL 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 #2006-0752, dated April 5, 2006, the Board approved the application of Trinity Properties, LP, 356 Foxenwood Drive, Santa Maria, California 93455, for Change of Zone, P,Z-1102, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 17 residential lots, two (2) non-residential agricultural outlots, and 0.8 acres of open space, along with oil and gas production, for a parcel of land located on the following described real estate, to -wit: Part of Section 7, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, on October 13, 2006, the Department of Planning Services staff approved the application of Trinity Properties, LP, do Ed Flynn, 356 Foxenwood Drive, Santa Maria, California 93455, for Planned Unit Development Final Plan, PF-1102, for the above described real estate, and WHEREAS, Condition of Approval #2.FF of the aforementioned Staff Approval required a final plat map to be submitted to the Department of Planning Services for recording within one (1) year of approval, and WHEREAS, by letters dated January 21, 2024, and June 10, 2022, the current property owners, Kent and Deanna McDaniel, 33389 County Road 57, Gill, Colorado 80624, have requested to withdraw the PUD Final Plan application, stating they do 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-1102 / PF-1102 (Deer Meadows Cluster PUD), and 4962877 Pages: 1 of 3 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO CC: PL(ER/MN/SF), Asa(S6), AppL. ob/oS/2.-f 2024-0532 PL1831 ACCEPT REQUEST TO WITHDRAW APPLICATION FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-1102 (DEER MEADOWS CLUSTER PUD), RESCIND STAFF APPROVAL DATED OCTOBER 13, 2006, RESCIND RESOLUTION #2006-0752, DATED APRIL 5, 2006, AND REVOKE CHANGE OF ZONE, PZ-1102, TO REVERT THE ZONING TO THE A (AGRICULTURAL) ZONE DISTRICT - KENT AND DEANNA MCDANIEL 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 by Planning Services staff on October 13, 2006, the current property owners have submitted letters dated January 21, 2024, and June 10, 2022, requesting to withdraw the application, and support 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 Kent and Deanna McDaniel to withdraw the application for Planned Unit Development Final Plan, PF-1102 (Deer Meadows Cluster PUD), on the parcel of land described above, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Administrative Review approval, dated October 13, 2006, be, and hereby is, rescinded. BE IT FURTHER RESOLVED by the Board that Resolution #2007-2521, dated April 5, 2006, be, and hereby is, rescinded, and the PUD (Planned Unit Development) Zone District approved by said resolution and recorded at Reception #3395322, dated June 12, 2006, be, and hereby is, revoked and ordered to be reverted to the A (Agricultural) Zone District. 4962877 Pages: 2 of 3 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO •IIIMAIM "Ill 2024-0532 PL1831 ACCEPT REQUEST TO WITHDRAW APPLICATION FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-1102 (DEER MEADOWS CLUSTER PUD), RESCIND STAFF APPROVAL DATED OCTOBER 13, 2006, RESCIND RESOLUTION #2006-0752, DATED APRIL 5, 2006, AND REVOKE CHANGE OF ZONE, PZ-1102, TO REVERT THE ZONING TO THE A (AGRICULTURAL) ZONE DISTRICT — KENT AND DEANNA MCDANIEL PAGE 3 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. ATTEST: ddtetsj ;,A Weld County Clerk to the Board BY(_0(-'./14 .0 Ja TICI Deputy Clerk to the Board ounty At orney Z4 ' I Date of signature: 3I • I I 4962877 Pages: 3 of 3 05/29/2024 12:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO BOARD OF COUNTY COMMISSIONERS WELD COUNT Ross, Chair Key = rry L. BB94c, Pro-Tem Mike Freeman . James Lori Saine 2024-0532 PL1831 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-1102 (DEER MEADOWS PUD) The Department of Planning Services has received a request for withdrawal from the owners of Lot B, Amended Recorded Exemption AmRE-912, which was zoned Planned Unit Development under PZ-1102, Deer Meadows PUD, recorded on June 12, 2006, under previous ownership. A final plat application was never submitted. The property was acquired by the current owners, Kent and Deanna McDaniel, on June 8, 2010, who submitted the withdrawal request on January 21, 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 McDaniels, notice of this hearing was provided to owners of property within 500 feet of the subject property and published in the Greeley Tribune. Staff recommends approval of the resolution and will be available for questions. 2024-0532 Continued, next page Page 1 O31O, PL t g3I Esther Gesick From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Kent McDaniel <Kent.McDaniel@nutrien.com> Monday, January 22, 2024 10:02 AM Jim Flesher PZ-1102, Deer Meadows PUD Scanned from a Xerox Multifunction Printer.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, As you requested, please find attached the letter you drafted with signatures. Please let me know if you have questions and/or need anything additional. THANKS! For more information on Nutrien's email policy or to unsubscribe, click here: https://urldefense.com/v3/_https://www.nutrien.com/important-notice_;!!KFsi0bvCuh0!6tJd6s-vl5ew8Kl2oi- MzuewD4YFmKaKpfyQuSptTHIYQQLvxjx97NKCFV45bgFLGkfOazg7h3eUPMYgV02H3e9lDA$ Pour plus de renseignements sur la politique de courrier electronique de Nutrien ou pour vous desabonner, cliquez ici: https://urldefense.com/v3/_https://www.nutrien.com/avis-important_;!!KFsiObvCuh0!6tJd6s-vl5ew8Kl2oi- MzuewD4YFmKaKpfyQuSptTHIYQQLvxjx97NKCFV45bgFLGkfOazg7h3eUPMYgV00nVX2vww$ Jim Flesher, Long -Range Planner Department of Planning Services 1402 N. 17th Ave. Greeley, CO 80631 Via email to jflesher@weld.gov Subject: PZ-1102, Deer Meadows PUD Dear Mr. Flesher: We are the sole owners of Lot B, Amended Recorded Exemption RE -912 (parcel number 079907400025), which was zoned Planned Unit Development in 2006, prior to our acquiring the property in 2010. Please accept this letter as our request to withdraw the application known as Deer Meadows Cluster PUD (PZ-1102). We understand the Weld County Board of County Commissioners will revoke the approval of PZ-1102 and revert the land to the A (Agricultural) zone district. Sincerely, Kent J. McDaniel Deanna R. McDaniel Date Date Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 To Whom It May Concern, Per your request, please accept this letter as written confirmation that I do NOT intend to move forward with the "Deer Meadows PUD". This application would have been put forward prior to me owning the property and I do not intend to proceed. THANKS Kent McDaniel (970) 396-8557 RECEIVED JU+J 10 2022 Weld County Planning Dept 1 1111111 III II INN 111111 I IIIII IIIII VIII III Iil 11 11 11 I III S.. or muNn Ew5EUENt N016' ,�waA e. ann�i.9 >ro^aM (�o aims ,eel. iND CLASS... .. ,w0 W1D USE T/ Yup,r Pns.olep REZONING PLAT, VICINITY AND IAND USE MAP FOR EXISTING ZONING - AGRICULTURAL PROPOSED ZONING - P.U.D. ZONING /j - PZ-7702 A PORTION OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 63 WEST OF THE GTH PM., COUNTY OF WElO, STATE OF COLORADO VICINITY MAP C .INTERMILL LAND SURVEYIINC. ae.c c �s <nror�_ae,s iNG, ,.. �srol-ass-v»s _l // CHutCE OE ZONE 1 (( Casc.,c. Eo I I TR"TY PROPERTIES, LP 1 Dme�MCAoows aµsit7t P.u.o., PZ—ttoe I � / IIINIIIIIIInIIlI11111UI11NII11IIN@IIIIIon 5,006. rex �nn�w WELD COUNTY ROAD N0. 63 54 "0, ` 63 -- -_ Sect�un eJ-6-6J ZONING Gu .51,1 1.1 D � A O A ti 2 n O � In A �? C r Z �2 A m� AO OOf V Z y �O O D A m2 O gm Aw c 2 O m O = a � A NO a a uNd OH ms ( pINTERMILL LAND SURVEYING, ING 1 _ ux s ro}aw-m,c / su fvml-sn-ans _ / \ ONaNGE Di ZONE �a,2 TRINRY PROPERilE5, tP I � �EER�MFAOOWS CLUSTER P.U.D., PZ-mot ia2 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: Kent and Deanna McDaniel 33389 County Road 57 Gill, Colorado 80624 Request: Withdraw Application for Planned Unit Development Final Plan, PF-1102 (Deer Meadows Cluster PUD), Rescind Staff Approval, dated October 13, 2006, Rescind Resolution #2006-0752, dated April 5, 2006, and Revoke Change of Zone, PZ-1102, to Revert zoning to the A (Agriculture) Zone District Legal Description: Part of Section 7, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 70; approximately 0.5 miles east of County Road 61 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: February 15, 2024 ADJACENT PROPERTY OWNERS WITHDRAW, RESCIND, REVOKE, REVERT PZ/PF-1102 Owner KENT AND DEANNA MCDANIEL DEAN AND SARA HAGEMEISTER DAVID AND STEPHANIE FERREIRA THOMAS AND ASHLEY MARTINEZ HUGO VILLALOBOS AND TIFFANY CARMONA SHAWN AND REBECCA OMARA NEW CACHE LA POUDRE IRR CO CORNISH PLAINS LIVESTOCK LLLP NGL WATER SOLUTIONS DJ LLC C/O KE ANDREWS & CO RUTH WILSON HEIRS OF DAVID R STROHAUER AND DONNA DONNA STROHAUER DESIRAE WEBER TREE FARM 5 LLC BOBBY AND SANDRA BAIRD Address 33389 COUNTY ROAD 57 34250 COUNTY ROAD 61 10694 LEWISTON ST 30375 COUNTY ROAD 70 30353 COUNTY ROAD 70 34340 COUNTY ROAD 61 PO BOX 104 4106 ABBINGTON TER 1900 DALROCK ROAD 33830 COUNTY ROAD 61.5 STROHAUER 33655 COUNTY ROAD 61.5 30226 COUNTY ROAD 70 34485 COUNTY ROAD 61 PO BOX 758 34547 COUNTY ROAD 61 City State Zip GILL CO 80624-9516 GILL CO 80624-9617 COMMERCE CITY CO 80022-8824 GILL CO 80624-9329 GILL CO 80624-9329 GILL CO 80624-9617 LUCERNE CO 80646-0104 COLUMBIA MO 65203-8880 ROWLETT TX 75088-5526 GILL CO 80624-9308 GILL CO 80624-9309 GILL CO 80624-9409 GILL CO 80624-9618 GALETON CO 80622-0758 GILL CO 80624-9618 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 Withdraw, Rescind, Revoke, and Revert PZ/PF-1102, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 16th day of February, 2024. 7,,dtt4,`44;(14* Esther E. Gesick Clerk to the Board WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/31/2024 8:49:44 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. 00), Signature Date Property Owners Within 500 Feet of Parcel # 079907400025 Account Parcel Owner Mailing Address R8958849 079906400032 HAGEMEISTER SARAH B R8958849 079906400032 HAGEMEISTER DEAN W 34250 COUNTY ROAD 61 GILL, CO 806249617 R8958847 079907100030 FERREIRA STEPHANIE O R8958847 079907100030 FERREIRA DAVID B 10694 LEWISTON ST COMMERCE CITY, CO 800228824 R1164086 079907200021 HAGEMEISTER SARAH B R1164086 079907200021 HAGEMEISTER DEAN W 34250 COUNTY ROAD 61 GILL, CO 806249617 R8958848 079907200031 HAGEMEISTER SARAH B R8958848 079907200031 HAGEMEISTER DEAN W 34250 COUNTY ROAD 61 GILL, CO 806249617 R0066488 079907300023 MARTINEZ ASHLEY N Parcels: 21 Owner Records: 32 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/31/2024 8:49:44 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. I ad'k DON to) Lk_ Signature / IzL Date Property Owners Within 500 Feet of Parcel # 079907400025 Account Parcel Owner Mailing Address R0066488 079907300023 MARTINEZ THOMAS C 30375 COUNTY ROAD 70 GILL, CO 806249329 R3522405 079907300028 CARMONA TIFFANY R3522405 079907300028 VILLALOBOS HUGO CARMONA 30353 COUNTY ROAD 70 GILL, CO 806249329 R3522505 079907300029 OMARA SHAWN K R3522505 079907300029 OMARA REBECCA L 34340 COUNTY ROAD 61 GILL, CO 806249617 R0928101 079907400025 MCDANIEL DEANNA R R0928101 079907400025 MCDANIEL KENT J 33389 COUNTY ROAD 57 GILL, CO 806249516 R2586803 079908100012 NEW CACHE LA POUDRE IRR CO PO BOX 104 LUCERNE, CO 806460104 R2586903 079908300011 CORNISH PLAINS LIVESTOCK LLLP 4106 ABBINGTON TER COLUMBIA, MO 652038880 Parcels: 21 Owner Records: 32 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/31/2024 8:49:44 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. 3 t 1 24 Signature Date Property Owners Within 500 Feet of Parcel # 079907400025 Account Parcel Owner Mailing Address R2587203 079917200024 CORNISH PLAINS LIVESTOCK LLLP 4106 ABBINGTON TER COLUMBIA, MO 652038880 R1169286 079918100021 NGL WATER SOLUTIONS DJ LLC C/O KE ANDREWS & CO 1900 DALROCK RD ROWLETT, TX 750885526 R8461300 079918100037 WILSON RUTH MARION 33830 COUNTY ROAD 61.5 GILL, CO 806249308 R2721104 079918201001 STROHAUER DONNA L R2721104 079918201001 STROHAUER DAVID R (HEIRS OF) 33655 COUNTY ROAD 61.5 GILL, CO 806249309 M8974829 079918201001 STROHAUER DONNA 30226 COUNTY ROAD 70 GILL, CO 806249409 R2721204 079918201002 STROHAUER DONNA L R2721204 079918201002 STROHAUER DAVID R (HEIRS OF) 33655 COUNTY ROAD 61.5 GILL, CO 806249309 R1193386 080112000013 WEBER DESIRAE A 34485 COUNTY ROAD 61 GILL, CO 806249618 Parcels: 21 Owner Records: 32 Page 3 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/31/2024 8:49:44 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. (j6lil t(-)CLAI) ISignature ,ISt Iv4 Date Property Owners Within 500 Feet of Parcel # 079907400025 Account Parcel Owner Mailing Address R3392305 080112100001 TREE FARM 5 LLC PO BOX 758 GALETON, CO 806220758 R3392405 080112100002 WEBER DESIRAE A 34485 COUNTY ROAD 61 GILL, CO 806249618 R4364306 080112100004 BAIRD SANDRA J R4364306 080112100004 BAIRD BOBBY G 34547 COUNTY ROAD 61 GILL, CO 806249618 R8956955 080112400031 TREE FARM 5 LLC PO BOX 758 GALETON, CO 806220758 Parcels: 21 Owner Records: 32 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/31/2024 8:49:44 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 # 079907400025 Parcels: 21 Owner Records: 32 LUctAi,L L (I Bt jZt, Signature Date Page 5 of 5 eRecorded in Weld County, CO Doc Id: 3697994 06/08/2010 09:18 A Page: 1 of 2 Total Fee: $33.50 Steve Moreno, Clerk and Recorder WARRANTY DEED Ms Deed, muds May 2E, 2010 Between Reeky D. Tannehill of the County Wiahnne, Siam of Taaas.e, pantwie) the Kent J. McDaniel and Deanna R. MoDanlel, a Joint Tewsrh Mute lepl eddrea it 333891st Si. Oill. CO 80624 County of Wdd, end State of COLORADO, gnats.. WITNESS, Thee Mao parer, far end in tie oast aRan of the sum of TWO HUNDRED TWENTY-FIVE THOUSAND AND moo DOLLARS t't22SOD0/A0 ► therm* * sad ...ay at Wh. a Awaby wbwalodped, bee vs.& 0wpined, soid end ecareptd, and by dress pram% does per, bwptin. seal, easy end eoalinn, unto the Dena , their twin and swipe Rem , all. reel prep, together with imp lementa, !hay. shunt, Meg ad being R the Corny of Wahl. Stale of COLORADO desenled a follows; Sea E.. A aaaered berme and made w part barest eke haws by mew and umber se TED, Weld CORRty, CO TOCHTIIRR wGA an and dip tar Aeredinsmaoet and appmtenancee, Memento baioepipp, w in ay.. appanaGtng. end the itension and aovetions, rerneindar sea remainders, roam tuna end pro. Mere , end ell the eats., tight, lit* Interest, claim sad dom. wluswerr of We pans, either in ow or equity, el; in and to Ma above berpthed premises,. the heroditemena wed spputmawitroa. TO RAVE ANO TO HOLD said premises above bargained end duo. , vndn the mpurtnrooa, onto 4e Danes, Wt. sad emirs brew. And the pother, fin baweit ha Aeira end mama repress ttetiws. doss ammo. Par. bwpie and agree b And with the prix, his has sad snips, 00 a the time of the meshag and &bony of tea present, he is wdl mind of the pani= above canoe*, has rod, sure. Won, aholu. and Wean. ante of irnhwflnoe, In her, In fee sear,, are heaped right. MI power sod invite seaway so par, bassi , an ad convey the moth meaner and fens a Amnia. end alas the some are het sod dew awn inn mama mid other pan. tempiar, sales, Rams, aces, ssseamatn. arcumbr ens sad restrie tunas of whatever kind of nnae a err, snore for era far uses muse year. ■ Ike bon not yet dee and payee. and rboa sped. Receptions described by eelbrenco a shaded dementate a teaseled M the The Dome.., eaapted by Dryer ib aardnse o01 melon &t (Tide Aevlew) of tie aN.ee dated May % sou, benne. tito parties. The grantor semi wad will WARRANT AND FOREVER DEFEND iba sbonkor iRed penises its the quiet and peace. pass.= of ohs ranee, his heirs and emir , avian an and every person or peaces 'stolidly dein.. the whole or any pert thereof The soHGr member dull encode tb pbd, the *Mil the sklpde. sad the um of any *ender sbn be gppRable b en gem.. IN MURES WHOM , die in.* los moused this on the dote M forth above. SELLER: STATE OA Tenement COUNTY OF Williemmon Tito foregoing Mannar t was acknowledged, subscribed end sworn to before me June Tan.eblil. 111111IJ Witness my bardand °Heistsatl,`4�%�,G�y ��i i. 8r4 it 8 ,,,�SpN dCpv,�� Weww 1010 by Reek/ D. ESCROW NO 0441017e1.414•MCe HT@ eRecorded in Weld County, CO Doc Id: 3697994 06/08/2010 09:18 A Page: 2 of 2 Total Fee: $33.50 Steve Moreno, Clerk and Recorder Exhibit A A tad OW located in Seaton?, Township 6 North, Range 63 West of the 64 P.M., County of Weld, Slate of Colorada, berg more pestladady dcaaibod n follows. Begmieg o the South Quetta comer of said Sec.? mod cont.*. the South. of mid.ti 7 to bar South 89°39'56" Wort and with all other bowlegs ooreaimed baaio being relaoire thereto; Theme South 89°59'56" Weal, 35556 fact aloes said South line to the Sentient. coma of I of A of AMRE 912 recorded May 21, 2001 as Rarxptimm No. 2030069; lloom Netlb 02°10'31" Es4t 1414.49 feel Moog the Sant totadaey of. Lot A and Lot B ofMdRE 912; 111eoce N.52°07'42" West 46531 Rut akas the Nonhmoorly hammy of. Lot B Mope,* on the So. right -of. ray lire onto faky Db2A Nut 2/No®sids bond to melon than, said point ►yiog 00.o01bet Sou herly cad Fatted, ticut the ce maline pf Yid di. ae mean04 at tight ogles Stowe; Tierce along the ugh rigbrolmey line by the kik..43 cut.= I) Norm 06.48'11" West, 560,3 feet 2) No. 85D419" East 114.27 leer, 3) South 85'04'17" East, 118.13 keg 4) N.66.48'03" EYI, 100.66 tar 3) North 37°3511" Ease, 92.54 foal; 6) Notch 21°3NO2"East 155.97.; 7) North 04.06'12" East, 151.94 beer 8) North 30°59.34' Went, 250.19 feet; 9) North 20'0310" West, 160.19 feat; 101 North 11.39.19" Waal,111.02 fed; II) North 09°40'28" West, 039.00.: 12) North 16°32'40" Pest, 507.27 fat; 13) Norm 37°1802" Bat, 7113 feet; 14) Nab 68.15.06" East, 459.76 tier; Is) South 78°30'06" East, 49.45 Rat; 16) Somtb 34'26'51" 5&4142.79 fed; 17) South 86°05'50" East, 186.73 feel; 18) South 32.3531" East, 152.59 fag 19) South69°01'39" East, 153.91 keg 20) Norm 74°0035" East 132.61 feet; 21) N(rtb30.50'26...1, 112.63feet; 22) N.01°02'26. War, 179.72 fat; 23) Norm 83.0'1'22" Eon, 170.44 Reg, 24) North 33.2311 But, 116.24 fed; 25) North 06'25'24" Wit, 377.48 feat; 26) Nosh 10'32'18" PW,134.1 I ken; 27) North 39'55'SB' Fart, 98.03 foul 28) Sm. 83°58'01"Eno, 121.19.; 29) South 46°33'56" Ent, 261.14 ken; 30) South 87°30'52" 8aet, 173.07 feet; 31) North 37.26'46"Eno, 190.86 feet 32) Nom 69°2475' East 58.83 feet, 33) South 71°1541" East, 93.86 fat; 34) South 30°22'43" East 75.16 fat; 35) South 19.35'39" Fast 326,80 Reg 36) Souk 07°46'49" t ao, 155,89 feel; 37) South 17°35'21" Woo, 351.65 fat-, 38) South !3°59.32" Ent, 228.42 Rea, 39) South 27°4211" East, 305.14 feet; 40) Sot. 30°3810" Ease, 68.28 feel; 41) Sarah 2!°10'00" Bask 238.27 fed; 42) South 26.27'04" Bast, 153.97 Rut; 43) South 34°31'25' East, 134.71 Rel toe point co the Bart line of the Southeast Y. Me. Section 7, mid point lying South 00°48'02 West, 30.68 feet Roy rat: Eat Quarter Conn of mid Section 7; Thence Saab 00.48'02" West 2616.40. alms the Eau line afield Southeast % to the Southeast comer of said Seerim 7; .ace Stroh 89.59'56" West 2637.16 feet along the South hoe of aid Southeau % to the South Quota Carer out the Peke of Eogtenir5; County of Weld, Slat of Colorado eRecorded in Weld County, CO Doc Id: 3697993 06/08/2010 09:18 A Page: 1 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder QUIT CLAIM DUD DeadMade tide say oramoda.2001botwoos 'May hoon. Ll., a Lisa. Pas o.p .Obo C.iyar sad baaof 406.104.6. ■oaKyp. Tao. M. MOadd. 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STATSOP Tennessee couwry 1.1 Lamson L4,QS_ *roar Acoo hAnTAtPlai t ` , 7fa W.. osbowMdpdbd. No. , d.yat 4.11 7-010 • by R.dq o, TaamNr, hyena 'rum. Plosion. W., s Limited ntsai a-vw Clew tieemy brad rd adbkMi Wad 6 a6.eawaeW w VMS CD ,s,P' STATE 2 T. OF TENNESSEE NOTARY PUBLIC ;. eRecorded in Weld County, CO Doc Id: 3697993 06/08/2010 09:18 A Page: 2 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder California Acknowledgment Form St*a ofCnII is Ss Con ey of aMttls1. .4.11 I On .Jeff t ),Al, before ms, CP. !Attar `L11aw Jdnia n LIU.. , personaay.ppeered E8 IlVs/M 3.43,11our " Hill cif IIRJaurm4r JNC. 4 n'an. , noposed bmeonthe bend sallsfaeMryevkbncetobethe prongs; whose ubncand to the within Instrument and soknowledpad b me thetio alYey minuted the some au - Merited capad ty{gs), and that fah the inebtnnent the . Of the eri y upon behalf of which the pore eu.oiuted the h sinmiee t. t cniy under PENALTY OF PERJURY under the laws orate Stab of California that the foregoing paragraph Is true and connect. MATNESS my hand and official esal. s®r ',.---Tw Signature of Mousy we r'W.r i°i i Notes Pkafe prorde wILMW�a::6ou eedrtana0 ee W. ronn s MYeUe4 N G,fi a tAry 6th 021107 CiMMaSrN MowY, Me mm Odandmsimes,a lrrr)267•nY77 eRecorded in Weld County, CO Doc Id: 3697993 06/08/2010 09:18 A Page: 3 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder IIMbi1 A AmautlWNNW at t. 7.Temtli►iNYetY Pam 43WMefieN'•M,C4aaryW BgkeimtIN the IA. Quorum. NNW ]alma lad ouefAt.mB the S. WNW Sm. 7tetwattu 1, rsrWee1NA. 1* o8eatbwapowe. NM%b. nMiw tilemow lYaeNBo.IYwine wa1.311.541.N.m .t(i/.lirbOrSo.U...1wmutattr ANAM. O1leeaaA'Mg21.3M1M'bl.yele.e 1.311010; TYe tiolortr l'amod14A,li a.rftibmiloryefe.HLotAWWIIof Ditt.W lar01.4'WaLK3.S1ielaloe,MttatMfNdyNoideryWWCMBae INN mesa. rog)mi..ay.Wale QaNIN MM.. UMW. N.amtiaa W. 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INN Walla. • 17'3�f�T 1 NNW COLORADO C -0P(-) PUD FINAL PLAT ADMINISTRATIVE REVIEW CASE #: PF-1102 PLANNER: Brad Mueller APPLICANT: Trinity Properties REPRESENTATIVE: Todd Hodges Design c/o Ed Flynn 1269 North Cleveland Avenue 356 Foxenwood Drive Loveland, CO 80537 Santa Maria, CA 93455 REQUEST: Planned Unit Development Final plat for 17 residential lots with Estate uses, 2 non- residential agricultural outlots and 0.8 acres of open space, along with oil and gas production facilities. (Deer Meadows PUD) LEGAL DESCRIPTION: Part of Section 7, T 6 N, R 63 W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to County Road 70 & approximately 'Is mile east of County Road 61. ACRES: 303.99 v/- PARCEL NUMBER: 0799 07 000025 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27 -7 -40.0.1 --That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of the Weld County Code. The proposed site is not influenced by an Intergovernmental Agreement nor is the site within the three mile referral area for any municipality. The proposal is consistent with the aforementioned documents as follows: Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by individual wells and individual sewage disposal systems will handle the effluent flow. During the Change of Zone phase, the referral response dated January 10, 2006, from the State of Colorado, Division of Water Resources indicated that the applicant needs to obtain well permits for the 19 proposed wells and water court decrees for the Augmentation Plan to replace depletions from the wells. Conditions of Approval ensure that these will be included prior to recording of the final plat. Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 1 2007-3669 ?Doi • • B. Section 27 -7 -40.C.2 --That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article 11, Chapter 27 of the Weld County Code. Section 27-2-20, Access standards — "All PUD developments will be served by an internally paved road system according to County standards. An exception to paving may be granted by the Director of Public Works for residential PUDs of nine (9) lots or less located in nonurban areas as defined in Chapter 22 of the Weld County Code, when the PUD is not located within close proximity to other PUDS, subdivisions and municipal boundaries, and when access to the PUD is not from a public road which is paved or wdl be paved within a year of approval of the PUD." The proposed development is an urban scale development in that it is adjacent to Briggsdale and exceeds 9 lots. An exception to required pavement was granted by the Board of County Commissioners by Resolution No. 2006-0752 dated April 5, 2006. Section 27-2-40, Bulk requirements — The applicant has included auxiliary quarters as an allowed use on Lots 1 through 17, approved by the Board of County Commissioners by Resolution No. 2006-0752 dated April 5, 2006 Section 27-2-50, Circulation — An interior roadway of two 13 -foot gravel lanes does not include adequate width for on -street parking. Conditions of Approval require that all references to on -street parking be removed from the covenants. Section 27-2-55, Cluster PUD — A note on the final plat ensures the subdivision meets the criteria of a Cluster PUD including the requirement that at least two-thirds (2/3) of the total area of the property be reserved for forty (40) years for agricultural purposes. Further, the density of the PUD does not exceed two (2) residential units for each thirty-five (35) acres. Section 27-2-90. Urban scale development — Urban scale developments are developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban gowth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. The proposed development is adjacent to Briggsdale and exceeds 9 lots. The Board of County Commissioners has approved a gravel internal road system by Resolution No. 2006-0752 dated April 5, 2006 The applicant has met the remaining performance standards as delineated in Section 27-2- 10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. C. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter - Governmental Agreement nor is the site within the three-mile referral area for any municipality. D. Section 27-7-40.C.4 —That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The proposed PUD will be serviced by individual wells, and individual sewage disposal systems will handle the effluent flow. Conditions of Approval ensure that all well permits and the associated Augmentation Plan will be completed prior to recording the final plat. E. Section 27-7-40.C.5 -- That 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. In a referral dated January 12, Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 2 • • 2006, the Weld County Department of Public Works has required that the applicant build County Road 70 in accordance with Weld County standards for local gravel roads the entirety of the frontage associated with the proposed cluster PUD terminating at the eastern entrance of the subdivision. The applicant is required to contact the property owner south of and adjacent to the property to offer notification of the reserved sixty (60) feet of right of way for the expansion of County Road 70 as well as relocate the existing property line fence south to the appropriate right of way. F. Section 27-7-40.C.6— In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. Conditions of Approval ensure that the applicant will complete Improvements Agreements for on -site and off -site development. The applicant is required to include dust suppression for County Road 70 in the off -site (public) improvements agreement. G. Section 27-7-40.C.7 -- That 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. Preliminary investigations during the Sketch Plan phase required addition investigation for potential high groundwater in certain areas on the site. Additional information provided by Terra Logics Consulting LLC in a letter dated March 14, 2006, indicates that groundwater levels at most test sites are acceptable for conventional basement construction. Conditions of Approval require the site -specific geotechnical report prior to construction to ensure basements are properly designed. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section S-8-40) H. Section 27 -7 -40.C.8 --if compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the 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 Department of Planning Services' approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The Plat shall be amended to include the following: 5c,� fit' ��eal tom! 1) The title on the plat shall be shown as Deer Meadows PUD PF-1102. (Department of Planning Services) 2) Add all final plat notes indicated below. (Department of Planning Services) 3) Landscaping and utility plans shall be added to the plat, as required by Sections 27-9- `r `t s 30 and 27-9-40. (Department of Planning Services) 4) A Utility Service Statement Block as required by Section 27-9-40.B of the Weld County Code shall be included. The Block shall be signed by the utility providers, North Weld ltd County Water District, Xcel Energy, Poudre Valley REA and Qwest. (Department of Planning Services) /,4t" Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 3 • • 5) All requirements of the Weld County Utilities Advisory Committee reflected in the minutes of the hearing on August 10, 2006, shall be delineated on the final plat prior to recording. (Utility Advisory Committee) 6) The Planning Commission and Board of County Commissioners Certificates shall be '-' removed from the plat and the Department of Planning Services and Dedication, Ownership, and Maintenance Certificates added. The Property Owner's and Surveyor's Certificates shall be corrected to conform to those found in Appendix 24-F I Pc/ of the Weld County Code, as required by Section 27-9-20.M. (Department of Planning Services) 7) Any proposed development sign shall be located outside of utility easements and shall Q meet the required ten f 101_foot..setback'from road rights -of -way. A plan detail of the Q faN proposed sign shall be included on the final plat. (Department of Planning Services) 8) The proposed pedestrian shelter shall be located outside of utility easements and shall meet the required twenty (20) foot setback from road rights -of -way. (Department of Ova Planning Services) 9) The final plat shall indicate the location of the mail kiosk, entry sign, possible pedestrian shelter and water storage tank within the open space tracts. The location of the structures shall meet ail required offsets and setbacks and shall not be located within utility easements. (Department of Planning Services) B. The applicant is required to apply dust suppression chemical to adjacent County roadways and in front of impacted existing homes along the proposed traffic route. This would include an Off -Site Improvements Agreement for a term that would include future developments. (Department of Planning Services) C' ;tn' 'OW C. The applicant shall amend the (private) Improvements Agreement According to Policy Regarding Collateral for Improvements to include the development sign, pedestrian shelter, 7 postal boxes, landscaping and fencing. Provide bids for landscaping estimates. A revised Improvements Agreement for Public Road Maintenance shall be submitted, reflecting the changes indicated by the Department of Public Work in their referral dated August 1, 2006. c�0O , This agreement and the public Improvements Agreement shall be reviewed by County Staff and accepted by the Board of County Commissioners. (Department of Public Works) D. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway / construction & grading plan drawings for review with the final plan application and approval, addressing all comments from their memo dated August 1, 2006. Construction details must be included. 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. (Department of Public Works) i E. The applicant shall submit evidence that a cash -in -lieu of land dedication fee has been paid to .( " the Plane Valley School District. (Department of Planning Services) F. The applicant has submitted preliminary covenants for Deer Meadows. The covenants shall C } be amended to include the following: S " 1. Section 11.10.h shall be amended to omit reference to a 32 -foot square feet sign, saying only that "in no event shall any sign exceed the size limitation as provided in the Weld County Code." v� Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 4 • • 2. Sections 11.10.o and 10.11 ee.4 of the preliminary covenants discuss on street parking. The covenants shall be amended to state that on street parking will not be allowed due to the narrow street witdth. (Department of Planning Services) 3. Within the legal description (Exhibit A), the covenants shall reference the final plat name along with a space to include the recording information of the final plat. G. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the state. (Department of Planning Services) H. A finalized and recorded agreement for the administration of replacement water and recharge ponds with New Cache la Poudre Irrigating Company shall be submitted to the Department of Planning Services. (Department of Planning Services) I. The applicant shall submit well permits for the 19 proposed well and the water court decrees se 4 for the Augmentation Plan to replace depletions from the wells. (Department of Planning (t ,d Services) i / (`c J. The applicant must have in place, with Anadarko Entities and its lessees, an agreement for the compatible development for the surface estate and oil and gas estates, or they shall provide evidence of an adequate attempt to reach such agreement. (Department of Planning Services) K. Finalized covenants and the appropriate recording fee (currently $6 for the first page and $5 for all others) shall be submitted to the Weld County Department of Planning Services for recording at the Weld County Clerk and Recorders office. (Department of Planning Services) L. 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). (Dept. of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development shall consist of seventeen (17) residential lots, two (2) non- residential agricultural outlots and 0.9 acres of open space tracts along with oil and gas production facilities as indicated in the application materials on file in the Department of Planning Services. Lots 1 through 17 will adhere to the uses allowed in the E (Estate) Zone District, except that Auxiliary Quarters shall be allowed. Outlot A and B will adhere to the uses allowed in the A (Agricultural) Zone District, except only nonresidential agricultural accessory buildings shall be allowed. Tract 1 and 2 are open space tracts and shall contain the development sign, mail kiosk, water storage tank and potential bus shelter. The PUD will be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. Outlots A and B shall be restricted to farming and ranching operations and be free from development for any other uses for a period of forty (40) years from the date the final plat is approved and recorded. (Department of Planning Services) C. Auxiliary quarters shall comply will all requirements listed in Section 23-1-90 of the Weld County Code. (Department of Planning Services) Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 5 • • D. All landscaping within the site distance triangles must be less than 31A feet in height at maturity. (Department of Public Works) E. A Homeowner's 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. (Department of Planning Services) F. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times. (Department of Planning Services) G. Water service shall be obtained from individual wells. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) I. 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 acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) J. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) K. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) L. If land development creates more than a 25 -acre contiguous disturbance, or exceeds 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. (Department of Public Health and Environment) M. The Sheriff's Office has limited traffic enforcement powers for private roadways within the subdivision. (Weld County Sheriff's Office) N. A separate building permit shall be obtained prior to the construction of any structure including the mail kiosk, bus shelter, or any monument sign. (Department of Building Inspection) O. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered •architect or engineer. (Department of Building Inspection) P. 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 Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 6 • • International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Q. Each residential 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. (Department of Building Inspection) R. 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. (Department of Building Inspection) S. 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. When measuring buildings to determine offset and setback requirements, buildings 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. (Department of Building Inspection) T. Landowners must provide a letter of approval from the Galeton Fire Protection District prior to new construction. (Department of Building Inspection) U. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) V. 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. (Ordinance 2002-11) (Department of Planning Services) W. In the Engineering Geology Report by Terra Logics Consulting, LLC dated May 23, 2005 recommendations were made regarding testing for radon, testing well water for methane and the construction of perimeter drains to mitigate the affects of shallow groundwater. Property owners should follow these recommendations. In addition, based on a separate letter from Terra Logics LLC dated March 14, 2006, future owners are hereby notified that construction depths may be limited on some lots, and owners and contractors should consider ground water issues and site topography when selecting the location of structures. (Colorado Geological Survey) X. No access to lots shall take place from County Road 63. (Department of Planning Services) Y. Oil and gas structures within Outlot A shall be fenced to avoid tampering. (Department of Planning Services) Z. All signs shall adhere to Section 23-4-60 and following of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) AA. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 7 G. '6 2-1 BB. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) CC. Weld County 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. (Department of Planning Services) DD. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) EE. 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. (Department of Planning Services) 9, The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) qk Section 27-8-60 of the Weld County Code - Failure to record a Planned Unit Development Final Plan -- If a final plan plat has not been recorded within one (1) year of the date of the approval of the PUD final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD final plan plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD final plan cannot be met, the Board may, after a public hearing, revoke the PUD final plan. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development 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 the 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 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 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. 6. 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. 7. 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., CRS Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 8 • • 8. Prior to release of collateral: A. The applicant shall submit evidence that the two irrigation wells, the open space tracts and Outlot A have been deeded to the Deer Meadows Homeowners Association. (Department of Planning Services) B. The applicant shall submit evidence that the Galeton Fire Protection District has approved the construction of the 5,000 gallon water tank. (Department of Planning Services) By Date rc " 'S CC,, Brad Mueller ❖ Planner Trinity Properties Final Plat (Deer Meadows PUD) — PF-1102 Page 9 RESOLUTION RE: GRANT CHANGE OF ZONE, PZ #1102, FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - TRINITY PROPERTIES, LP 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 April, 2006, at 10:00 a.m. for the purpose of hearing the application of Trinity Properties, LP, 356 Foxenwood Drive, Santa Maria, California 93455, requesting Change of Zone, PZ #1102, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 17 residential lots, two (2) non-residential agricultural outlots, and 0.8 acres of open space, along with oil and gas production, fora parcel of land located on the following described real estate, to -wit Part of Section 7, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Anne Best Johnson, 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 conformance with Section 27-6-120.0 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 site is not influenced by an Intergovernmental Agreement, nor is the site within the three-mile referral area for any municipality. The proposal is consistent with the aforementioned documents as follows: 1) 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 proposed PUD will be serviced by individual wells, and individual sewage disposal 2006-0752 Co ; PL pw, (- fE) f�PPL , f>C�' P 0 J-,? —O (© CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 2 systems will handle the effluent flow. In a referral dated January 9, 2006, the Weld County Department of Public Health and Environment indicated the application has satisfied Chapter 27 of the Weld County Code in regards to water and sewer service. The referral response dated January 10, 2006, from the State of Colorado, Division of Water Resources, indicates the applicant needs to obtain well permits for the 19 proposed wells and water court decrees for the Augmentation Plan to replace depletions from the wells. The Conditions of Approval ensure that these will be included in the Final Plan application. 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 27-2-20, Access Standards — "All PUD developments will be served by an internally paved road system according to County standards. An exception to paving maybe granted by the Director of Public Works for residential PUDs of nine (9) lots or less, located in nonurban areas as defined in Chapter 22 of the Weld County Code, when the PUD is not located within close proximity to other PUDs, subdivisions, and municipal boundaries, and when access to the PUD is not from a public road which is paved or will be paved within a year of approval of the PUD." The proposed development is an urban scale development in that it is adjacent to the Town of Barnesville and exceeds nine (9) lots. However, due to the proposal fora cluster development which follows the definition of Non -Urban Scale Development and provides for a 40 -year Conservation Easement for agricultural purposes, the Board of Commissioners agrees to waive the paving requirement. 2) Section 27-2-40, Bulk Requirements — The applicant has included auxiliary quarters as an allowed use on Lots 1 through 17. 3) Section 27-2-50, Circulation — The Conditions of Approval require that all references to on -street parking be removed from the Covenants. 4) Section 27-2-55, Cluster PUD — The Conditions of Approval ensure the applicant will meet the criteria of a Cluster PUD, including the requirement that at least two-thirds (2/3) of the total area of the property be reserved for forty (40) years for agricultural purposes. Further, the density of the PUD does not exceed two (2) residential units for each thirty-five (35) acres. 5) Section 27-2-90, Urban Scale Development — Urban scale developments are developments exceeding nine (9) lots and/or 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 3 located in close proximityto existing PUDs, subdivisions, municipal boundaries, or urban growth corridors and boundaries. The proposed development is adjacent to the Town of Bamesville and exceeds nine (9) lots. Urban scale developments are required to pave the internal road systems of the development. However, due to the proposal fora cluster development which follows the definition of Non -Urban Scale Development and provides for a 40 -year Conservation Easement for agricultural purposes, the Board of Commissioners agrees to waive the paving requirement. 6) The applicant has met the remaining Performance Standards as delineated in Section 27-2-10 of the Weld County Code. 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, nor is the site within the three-mile referral area for any municipality. 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 Chapter27, Article II, of the Weld County Code. The proposed PUD will be serviced by individual wells, and individual sewage disposal systems will handle the effluent flow. The Conditions of Approval ensure that all well permits and the associated Augmentation Plan will be completed prior to recording the final plat. e. Section 27-6-120.O.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. In a referral dated January 12, 2006, the Weld County Department of Public Works required the applicant build Weld County Road 70 in accordance with County standards for local gravel roads along the entirety of the frontage associated with the proposed cluster PUD terminating at the eastern entrance of the development. The applicant is required to contact the property owner south of, and adjacent to, the property to offer notification of the reserved 60 feet of right-of-way for the expansion of Weld County Road 70, as well as relocate the existing property line fence south to the appropriate right-of-way. f. Section 27-6-120.D.5.f - The Conditions of Approval ensure that the applicant will complete Improvements Agreements for on -site and off -site 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 4 development. The applicant is required to indude dust suppression in the off -site agreement. 9. Section 27-6-120.D.5.g - Them 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. At the Sketch Plan phase, the Colorado Geological Survey indicated that high groundwater is an issue on the site. The Conditions of Approval require the applicant to submit additional information regarding seasonal depths to groundwater for building sites to determine if basements and crawl spaces are feasible. h. Section 27-6-120.D.5.h - 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 Trinity Properties, LP, for Change of Zone, PZ #1102, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 17 residential lots, two (2) non-residential agricultural outlots, and 0.8 acres of open space, along with oil and gas production, 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. All sheets of the Change of Zone plat shall be labeled Deer Meadows Cluster PUD, PZ-1102. B. The applicant shall provide the Department of Planning Services with a recorded Correction Deed from Rocky D. Tannehill and Mid Coast Development, Inc., a Colorado Corporation, to Trinity Properties, L.P., to address the errors listed by Security Title Guaranty Company in the Title Insurance Commitment included in the application material. C. The plat shall be amended as follows: 1) Internal roads shall meet Weld County criteria for a PUD. The internal road right-of-way shall be sixty (60) feet in width. A typical section of interior roadway shall be a 26 -foot wide gravel road with 4 -foot aggregate base course. Roadside drainage shall be contained within the right-of-way. The Sketch Plan materials indicate a gravel interior roadway system. 2) The plat shall indicate the median at the entrance in a tract that will be owned and maintained by the Homeowners' Association. 2006-0752 P11831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 5 3) The plat shall indicate the location of the 20 -foot pipeline easement, as specified on the Nonexclusive Pipeline Easement recorded on July 12, 2005, under Reception Number 3302490, in addition to the approximate location of the pipeline which is currently being shown. 4) Outlot B indicates three areas which are for potential recharge ponds. The plat shall include easements for access and usage of these areas. D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 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 #1102, is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for seventeen (17) residential lots, two (2) non-residential agricultural outlots, and 0.8 acres of open space, along with oil and gas production, as indicated in the application materials on file. Lots 1 through 17 will adhere to the uses allowed in the E (Estate) Zone District, except auxiliary quarters shall be allowed. Outlots A and B will adhere to the uses allowed in the A (Agricultural) Zone District, except only non-residential agricultural accessory buildings shall be allowed. Tracts 1 and 2 are open space and shall contain the development sign, mail kiosk, water storage tank, and potential bus shelter. The PUD will be subject to, and govemed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. B. Outlots A and B shall be restricted to farming and ranching operations and be free from development for any other uses fora period of forty (40) years from the date the Final Plan is approved. C. Auxiliary quarters shall comply with all requirements listed in Section 23-1-90 of the Weld County Code. D. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity. E. 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. F. Weld County's Right to Farm, as delineated on this plat, shall be recognized at all times. 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 6 G. Water service shall be obtained from individual wells. H. This PUD 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. 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, atwww.cdphe.state.co.us/wq/PermitsUnitfor more information. J. 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. K. 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. L. 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. M. A separate building permit shall be obtained prior to the construction of any structure including the mail kiosk, bus shelter, and monument sign. N. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans maybe required to bear the wet stamp of a Colorado registered architect or engineer. O. 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: 2003 International Residential Code, 2003 Intemational 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. 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 7 P. Each residential 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. Q. Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas will be reviewed at the Site Plan Review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. R. 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. When measuring buildings to determine offset and setback requirements, buildings 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. S. 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 Program. T. 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. U. In the Engineering Geology Report by Tema Logics Consulting, LLC, dated May 23, 2005, recommendations were made regarding testing for radon, testing well water for methane, and the construction of perimeter drains to mitigate the affects of shallow groundwater. Property owners should follow these recommendations. V. It is recommended that oil and gas structures within Outlot A be fenced to avoid tampering. W. All signs shall adhere to Sections 23-4-80 and 23-4-110 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. X. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. 2006-0752 P11831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 8 Y. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. Z. 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. AA. 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. BB. No development activity shall commence on the property, nor shall any building permits be issued, until the Final Plan has been approved and recorded. CC. 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. DD. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 3. 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 Export files format type is .e00. The preferred format for Images is .tif (Group 4), (Group 6 is not acceptable). 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 9 4. 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. 5. At the time of Final Plan submission: A. The applicable Post Office shall be contacted regarding the bus/mail pullout. The applicant shall provide to the Department of Planning Services written documentation indicating the Post Office design standards and delivery requirements have been met. The location of the mail kiosk shall be shown on the final plat. B. The applicant shall submit evidence to the Weld County Department of Planning Services, with the Final Plan application, that all proposed street names and lot addresses have been reviewed by the appropriate Post Office. C. The final plat shall indicate the location of the entry sign, possible bus shelter, and water storage tank within the open space tracts. The location of the structures shall meet all required offset and setback distances, and shall not be located within utility easements. D. The applicant shall include a copy of the proposed street name and addresses with the Final Plan application forms, for review and approval by referral agencies. E. To determine if basements or crawl spaces are feasible, the applicant shall submit additional information regarding seasonal depths to groundwater for building sites. F. The applicant will be required to apply dust suppression chemicals to adjacent County roadways and in front of impacted existing homes along the proposed traffic route. This would include an Off -Site Improvements Agreement fora term that would include future developments. G. The applicant shall submit an Improvements Agreement According to Policy Regarding Collateral for (On -Site) Improvements with the Final Plan application. This agreement must be reviewed by Countystaff, and shall be approved by the Board of County Commissioners prior to recording the final plat. H. The applicant shall provide the Department of Public Works with stamped, signed, and dated final plat drawings and roadway/construction and grading plan drawings for review with the Final Plan application. Construction details must be included. 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 10 I. 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. J. A Final Drainage Report stamped, signed and dated by a professional engineer licensed in the State of Colorado, shall be submitted with the Final Plan application. The 5 -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 5 -year storm existing condition. 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 a copy of the FEMA map. K. 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. L. Final drainage construction and erosion control plans (conforming to the Drainage Report) stamped, signed, and dated by a professional engineer licensed in the State of Colorado, shall be submitted with each Final Plan (phase) application. The Stormwater Management Plans maybe based on Urban Drainage methodology. M. Easements shall be shown on the final plat in accordance with County standards and/or Utilities Coordinating Advisory Committee recommendations. N. Intersection sight distance triangles at the development entrance(s) will be required. All landscaping within the triangles must be less than 3.5 feet in height at maturity, and noted on the final roadway plans. O. The Final Plan shall include a Landscape Plan for the proposed entryway. P. The applicant has submitted Preliminary Covenants for Deer Meadows. The Covenants shall be amended to include the following: 1) A Manure and Stormwater Management Plan for the indoor/outdoor arena on Outlot A. 2) A Management Plan for the water storage tank for fire suppression. 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 11 3) A notification that use of the North Side Lateral Ditch right-of-way is prohibited unless approved by the Directors of the Ditch Company. 4) Preliminary Covenants indicate that a Open Space Management Plan will be developed with the assistance of the CSU Cooperative Extension. The applicant shall submit evidence that the Plan has been completed and that it has been incorporated into the Covenants. 5) Sections 11.10.o and 10.11 ee.4 discuss on -street parking. The Covenants shall be amended to state that on -street parking will not be allowed. 6) Section 11.10.bb of the Preliminary Covenants states that no owner shall change the drainage pattern unless the change is approved by the Architectural Review Committee. Section 11.10.bb shall be amended to state no owner shall change the drainage pattern unless the change is approved by the Architectural Review Committee and the Weld County Department of Public Works. 7) The mineral rights under the site are not owned or leased by the applicant. Section 11.10.i shall be amended to indicate drilling may occur. 8) The applicant shall address dust abatement and maintenance of the internal roadway. 6. Prior to recording the final plat: A. The applicant shall submit evidence that a cash -in -lieu of land dedication fee has been paid to the Platte Valley School District. B. The applicant shall submit certificates from the Secretary of State showing the Homeowners' Association has been formed and registered with the State. C. The applicant shall submit evidence that the Covenants have been approved by the County Attorneys Office. D. A finalized and recorded agreement for the administration of replacement water and recharge ponds with the New Cache la Poudre Irrigating Company shall be submitted to the Department of Planning Services. E. The applicant shall enter into Improvements Agreements According to Policy Regarding Collateral for Improvements for on -site and off -site improvements. 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 12 These agreements shall be approved by the Board of County Commissioners. F. Finalized Covenants and the appropriate recording fee (currently $6 for the first page and $5 for all others) shall be submitted to the Weld County Department of Planning Services for recording at the Weld County Clerk and Recorder's office. G. 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). H. The applicant shall submit well permits for the 19 proposed wells and the water court decrees for the Augmentation Plan to replace depletions from the wells. I. An agreement for the administration of replacement water and recharge ponds with the New Cache la Poudre Irrigating Company shall be included in the Final Plan application. J. The applicant must have in place, with Anadarko Entities and its lessees, an agreement for the compatible development for the surface estate and oil and gas estates, or they shall provide evidence of an attempt to reach such agreement. 7 Prior to release of collateral: A. The applicant shall submit evidence that the two irrigation wells, the open space tracts, and Outlot A have been deeded to the Deer Meadows Homeowners' Association. B. The applicant shall submit evidence that the Galeton Fire Protection District has approved the construction of the 5,000 -gallon water tank. 2006-0752 PL1831 CHANGE OF ZONE #1102 FROM A (AGRICULTURAL) TO PUD - TRINITY PROPERTIES, LP PAGE 13 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of April, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO ATTEST: dA4 Weld County Clerk to the Board BY. Deputy Clerk to the APP '• .'ASTOF ounty Attorney Date of signature: 2g/Q,1(a M. J. Celle, Chair EXCUSED David E. Long, Pro-Tem Glenn Vaad 2006-0752 PL1831 Hello