HomeMy WebLinkAbout20230222.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR CHANGE OF ZONE,
PZ-1094, FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT (NEW CACHE ESTATES), AND RESCIND
RESOLUTION #2006-2775, DATED NOVEMBER 1, 2006 - MICHAEL AND
LINDA MCKEE
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 #2006-2775, dated November 1, 2006, the Board approved
the application of Ed Orr, for Change of Zone, PZ-1094, from the A (Agricultural) Zone District to
the PUD (Planned Unit Development) Zone District for nine (9) residential lots with E (Estate)
Zone uses, along with continuing oil and gas production and 32.23 acres of open space, for a
parcel of land located on the following described real estate, to -wit:
Part of the W1/2 NE1/4, lying south of the Greeley
Canal No. 2: in Section 24, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, current property owners, Michael and Linda McKee, P.O. Box 125, Lucerne,
Colorado 80646, by letter dated July 6, 2022, have requested to Withdraw the Application for
Change of Zone, PZ-1094, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, along with
continuing oil and gas production and 32.23 acres of open space, stating they have no intention
of developing the property, 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, deems it advisable to
grant the request and thereby accept the withdrawal of the application, and rescind Resolution
#2006-2775, dated November 1, 2006.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Michael and Linda McKee, to withdraw the application for
Change of Zone, PZ-1094, for nine (9) residential lots with E (Estate) Zone uses, along with
continuing oil and gas production and 32.23 acres of open space, on the above referenced parcel
of land be, and hereby is, granted.
BE IF FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2006-2775, dated November 1, 2006, be, and hereby is, rescinded.
CC: PL(TP/KN /Ko), fl PPL .
02/03/23
2023-0222
PL1857
WITHDRAW APPLICATION FOR CHANGE OF ZONE, PZ-1094, (NEW CACHE ESTATES) AND
RESCIND RESOLUTION #2006-2775, DATED NOVEMBER 1, 2006 — MICHAEL AND
LINDA MCKEE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dpi jdp;,,k,
Weld County Clerk to the Board
erry L. B ,: , Pro -Tern
EXCUSED
Scott K. James
County Attorney
Date of signature: 01 /24 /23
2023-0222
PL1857
MEMORANDUM
TO: Board of County Commissioners
DATE: December 19, 2022
FROM: Kim Ogle, Planning Services
SUBJECT: Request to withdraw and rescind PZ-1094
The Board of County Commissioners at the November 1, 2006 land use hearing approved a request to
grant a Change of Zone, PZ #1094, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, as indicated in the
application materials on file. The PUD will be subject to, and governed by, the Conditions of Approval
stated hereon, and all applicable Weld County regulations. The E (Estate) lots shall comply with all E
(Estate) Zone requirements, with the exception of the setback for the bus shelter, in favor of Ed Orr.
The Department of Planning Services received a letter dated November 10, 2009 stating:
"Please accept this letter as a request for an extension for the approval of the Final Plat
of PZ-1094 New Cache Estates. Due to present market conditions this extension is
necessary. It appears that the conditions of approval will not change in the immediate
future, therefore we request an extension of 36 months."
Mr. Orr conveyed the property to Michael E. and Linda L. McKee on September 17, 2012, by Special
Warranty Deed reception # 3873927.
Ms. Linda McKee, Partner, McKee Ranch LLLP in a letter dated July 6, 2022 states
" ... we have no intention to develop it and would like you to designate its status as an
expired PUD ... "
Planning Services staff did not find that the Change of Zone, PZ #1094 plat was recorded.
Therefore, on behalf of Michael E. and Linda L. McKee, the Department of Planning Services
respectively requests support of this request to withdraw and rescind the PUD Change of Zone request
and revert the zoning back to A (Agricultural).
2023-0222
?L175-1
RE PAI CLL %b Nip 0go5L.L
RECEIVED6,;21)22--
JUL 15 2022
Weld County Planning Dept
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3873927 Pam' :Ark?: n Fae:
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Special Warranty Deed
(Pursuant to 38.30-115 C.R.S.)
THIS DEED, made on September 17, 2012 by ED ORR Gramor(s), of the County of WELD and State of COLORADO for the
consideration of ($550,000,00) ••• Five Hundred Fifty Thousand and 09/100 ..• dollars in hand paid, hereby sells and conveys to
MICHAEL E. MCKEE AND LINDA L MCKEE Grantee(s), whose street address is P.O. BOX 125 LUCERNE, CO 80646.
Caunty of WELD. and State of COLORADO, the following real property in the County of Weld, and State of Colorado, to wit:
THE NE 1/4 OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO SCHOOL DISTRICT NO.6 BY DEED RECORDED DECEMBECOLORADO,
RI, 1955 IN BOOK 68 AT PAGE 468;
ALSO EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO BY DEED RECORDED
AUGUST 30, 1955 IN BOOK 1428 AT PAGE 181
AND ALSO EXCEPTING THEREFROM THAT PART LYING NORTH OF THE CANAL OF THE CACHE LA POUDRE
IRRIGATING COMPANY
also known by street and number as: VACANT LAND, GREELEY CO 80631
...GRANTOR RESERVES ALL GRANTOR'S RIGHTS, HYDROCARBONS, OIL AND GAS APPURTENANT PURTENAN C TO THE SUBJECT PROPERTY...1TREST IN ALL PRODUCING AND DUCING MINERALS, MINERAL
with all its appurtenances and warrants the title against all persons claiming under the Grantor (s), subject to general taxes for the year
2012 and those specific Exceptions described in Exhibit "A" attached hereto; those specifically described rights of tthirdparties not
shown by the pubic records of which Grantee(,) has actual knowledge and which were accepted by Grantee(s) ; inclusionof
the
Property within any special tax district.
State Documentary Fee
Date: September 17, 2012
S elala 55.00
State of COLORADO
)o.
County of WELD
The foregoing instrument was acknowledged before me on this day of September 17,
by ED ORR
Witness my h1Sd and offiCal seal. 74/.14,
My cammission expires
NANCY A. LOHR
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19024008574
My Commission Expires Judy 18, 2016
x,x4r� Ga%!
When Recorded Return to: MICHAEL OX 25 MC ERNKEE E, CO 80646LINDA E MCKEE
Form 13767 01.11 swd odt Special Warranty Deed (Photographic) FC25110670 (149683281
3873927 Pages: 2 of 3
09!18/2012 09:06 qA R Fet:421 .00 D F�e:S55.00
Ripd6
Cl�rti ana R�eor der, u�ld County. t0
ONIWON 14,1 O,1 NI III
EXHIBIT "A"
5. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND
TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR
WELD COUNTY, RECORDED OCTOBER 14, 18891N BOOK 86 AT PAGE 273.
2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 15, 1877, IN BOOK 20
AT PAGE 148 AND JANUARY 1, 1881 1N BOOK 20 AT PAGE 284.
RIGHT OF WAY AND EASEMENT, FOR THE GRAHAM SEEPAGE AND DRAINAGE CANAL AS
CONTAINED IN DECREE RECORDED JULY 9, 1902 IN BOOK 201 AT PACE 76.
4. RIGHT OF WAY AND EASEMENT, FOR CHILDS SEEPAGE DITCH, AS CONVEYED BY DEED
RECORDED OCTOBER 13, 1905 IN BOOK 228 AT PAGE 368.
5. OIL AND CAS LEASE RECORDED JUNE SI, 1979 UNDER RECEPTION NO 1792315 AND
ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION
WAS RECORDED MARCH 09, 1984 UNDER RECEPTION NO. 1958739.
5. RIGHT OF WAY EASEMENT AS GRANTED TO NATURAL GAS ASSOCIATES IN INSTRUMENT
RECORDED NOVEMBER 14. 1983, UNDER RECEPTION NO. 1946743.
7.ALL OIL, GAS. MINERALS AND OTHER MINERAL RIGHTS AS CONVEYED IN INSTRUMENT
RECORDED MARCH 29, 1984, UNDER RECEPTION NO. 1960993, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
B. THE EFFECT OF INSTRUMENT RECORDED AUGUST 30, 1985 AT RECEPTION NO. 2022921.
9. RIGHT OF WAY EASEMENT AS GRANTED TO NATURAL GAS ASSOCIATES IN INSTRUMENT
RECORDED JULY 17, 1986, UNDER RECEPTION NO. 2061175,
10. RIGHT OF WAY EASEMENT AS GRANTED TO U.S. WEST COMMUNICATIONS, INC. IN
INSTRUMENT RECORDED MAY 09, 1991, UNDER RECEPTION NO, 2249589.
11. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT
RECORDED MAY 21, 2004, UNDER RECEPTION NO. 3182216, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
12. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS CONVEYED IN INSTRUMENT
RECORDED JANUARY 28, 2009, UNDER RECEPTION NO. 3601838, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
13, TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 13, 2006 AT
RECEPTION NO. 3354964.
14. ALL MATTERS SHOWN AND/OR STATED ON LAND SURVEY PLAT RECORDED JANUARY 8,
2007 AT RECEPTION NO. 3446004 AND RECORDED APRIL 13, 2007 AT RECEPTION NO.
3468816.
15. TERMS, CONDITIONS AND PROVISIONS OF COVENANT LIMITING THE IRRIGATION OF
LAND RECORDED DECEMBER 22, 2009 AT RECEPTION NO. 3666584.
3873927 Pages: 3 of 3 ite 0.
NIP rilififih14iRMHUNVIINiittYVPI6RiO Pill II III
16. TERMS, CONDITIONS AND PROVISIONS OF CT OF EASEMENT RECORDED DECEMBER 22,
2009 AT RECEPTION NO. 3666565. RAN
17. O11. AND GAS LEASE RECORDED JULY 19, 2011 UNDER RECEPTION NO. 3780851 AND
ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ #1094, FROM A (AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - ED ORR
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 1st day of November, 2006, at 10:00 a.m. for
the purpose of hearing the application of Ed Orr, 826 9th Street, Greeley, Colorado 80631,
requesting Change of Zone, PZ #1094, from the A (Agricultural) Zone District to the PUD (Planned
Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, along with
continuing oil and gas production and 32.23 acres of open space, fora parcel of land located on the
following described real estate, to -wit:
Part of the W1/2 NE1/4, lying south of the Greeley
Canal No. 2: in Section 24, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Robb Casseday, Casseday Creative
Designs, LLC, 55 South Elm Avenue, Suite 210, Eaton, Colorado 80615, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld Count
Planning Commission and, having been fully informed, finds that this y
following request shall be approved for
the o lowing reasons.
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2 The request is in conformance with Section 27-6-120.D as follows:
a Section 27-6-120.D.5.a -- The proposal is consistent with any
Intergovernmental Agreement in effect influencing the Planned Unit
Development, and Chapters 19, 22, 23, 24, and 26 of the Weld County Code.
b Section 27-6-120.D.5.b -- The uses which will be allowed on the subject
property will conform to the Performance Standards outlined in Chapter 27,
Article II, 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 Zone District and with the future development as
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2006-2775
PL1857
/,;----)/ • c0G►
CHANGE OF ZONE #1094 FROM A (AGRICULTURAL) TO PUD - ED ORR
PAGE 2
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities.
d. Section 27-6-120.D.5.d -- There is evidence that adequate public water and
sewer will be made available to the site to serve the uses permitted within
the proposed Planned Unit Development in compliance with the Performance
Standards in Chapter 27, Article II, of the Weld County Code.
e. Section 27-6-120.D.5.e-- Street or highway facilities providing access to the
property are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the uses in the proposed Zone
District.
f. Section 27-6-120. D.5.f -- In the event the street or highway facilities are not
adequate, the applicant will supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Section of Chapters 22, 24, and 26,
If applicable. This shall be shown by submitting, with the Planned Unit
Development Zone District application, a separate proposal for on -site and
off -site road improvements. This proposal shall describe, in detail, the type
of on -site improvements in compliance with Section 24-9-10 and off -site road
improvements in compliance with Section 24-9-20, to determine if the
requirement for street or highway facilities providing access to the property
has been satisfied. The method of guarantee shall conform with the
County's policy regarding collateral for improvements.
Section 27-6-120.D.5.g -- There has been compliance with the applicable
requirement contained in Chapter 23 regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District uses and the Specific Development Guide. The Final Plan
application will be Administratively reviewed by the Department of Planning
Services.
g.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ed Orr for Change of Zone, PZ #1094, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9)
residential lots with E (Estate) Zone uses, along with continuing oil and gas production and 32.23
acres of open space, on the above referenced parcel of land be, and hereby is, granted subject to
the following conditions:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1094.
2006-2775
PL1857
CHANGE OF ZONE #1094 FROM A (AGRICULTURAL) TO PUD - ED ORR
PAGE 3
2) State Highway 392 is under the jurisdiction and maintenance of the
Colorado Department of Transportation (CDOT). The applicant shall
verify the existing rights -of -way and documents creating the
right-of-way, and it shall be noted on the Change of Zone plat.
3) Weld County's Right to Farm statement, as provided in
Appendix 22-E of the Weld County Code, shall be placed on any
recorded plat.
4) Front, side, and rear utility easements are not required to be indicated
on the Change of Zone plat and shall be removed.
5) The approved road cross-section (two 12 -foot paved lanes with
4 -foot gravel shoulders) shall be indicated on the plat.
6) The reception number forthe 20 -foot wide gas pipeline easement on
the plat shall be corrected from "0194673" to "1946743".
7) The plat shall show the southern oil and gas drilling window, an
access easement, and appropriate operations areas to provide
access to operations by the appropriate oil and gas company within
the drilling window.
B. The applicant shall attempt to address the requirements and
recommendations of the West Greeley Soil Conservation District, as stated
in the referral received December8, 2005. Written evidence of such shall
be provided to the Department of Planning Services.
C. The applicant shall attempt to address the requirements and
recommendations of the City of Greeley, as stated in the referral received
December 15, 2005. Written evidence of such shall be submitted to the
Department of Planning Services.
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 that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. The Change of Zone, PZ #1094, is from the A (Agricultural) Zone District to
the PUD (Planned Unit Development) Zone District for nine (9) residential
lots with E (Estate) Zone uses, as indicated in the application materials on
file. The PUD will be subject to, and govemed by, the Conditions of Approval
stated hereon, and all applicable Weld County regulations. The E (Estate)
lots shall comply with all E (Estate) Zone requirements, with the exception
of the setback for the bus shelter.
2006-2775
PL1857
CHANGE OF ZONE #1094 FROM A (AGRICULTURAL) TO PUD - ED ORR
PAGE 4
B. 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.
C. Weld County's Right to Farm statement, as delineated on this plat, shall be
recognized at all times.
D. Signs shall adhere to Section 23-4-80 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
E. Water service shall be obtained from the North Weld County Water District.
F. 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.
G. Activities such as permanent landscaping, structures, dirt mounds, or other
items are expressly prohibited in the absorption field site.
H. Primary and secondary septic envelopes shall be placed on each lot. All
septic system envelopes must meet all setbacks, including the 100 -foot
setback to any well.
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. The applicant shall
contact the Water Control Division of the Colorado Department of Public
Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
J. During development of the site, Oland 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 a re 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
2006-2775
PL1857
CHANGE OF ZONE #1094 FROM A (AGRICULTURAL) TO PUD - ED ORR
PAGE 5
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.
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
building 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 various codes adopted at
the time of permit application. Currently, the following have been adopted by
Weld County: 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.
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 plan review.
Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code, this includes setbacks to oil and gas production facilities.
R. Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County -Wide Road Impact
Program.
S. Effective August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee.
T 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 of the building. Property lines shall be clearly identified
and all property pins shall be staked prior to the first site inspection.
2006-2775
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CHANGE OF ZONE #1094 FROM A (AGRICULTURAL) TO PUD - ED ORR
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U. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
V. The properly owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
W. 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 standards stated herein and all applicable
Weld County regulations.
X. The site shall maintain compliance, at all times, with the requirements of the
Weld County Government and the adopted Weld County Code and policies.
Y. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
Z. 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.
AA. 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 .800. The preferred format for Images is .tif (Group 4). (Group 6 is not
acceptable).
2006-2775
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CHANGE OF ZONE #1094 FROM A (AGRICULTURAL) TO PUD - ED ORR
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4. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005,
should the plat not be recorded within the required sixty (60) days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3) month period.
5. Prior to Final Plan submission:
A. At least 28 days prior to submittal of the Final Plan application, the applicant
shall submit the following information to the Department of Public Works:
1) Stamped, signed, and dated final plat drawings and
roadway/construction and grading plan drawings for review and
approval. Construction details must be included. Stop signs and
streetway sign locations must be shown on the final roadway
construction plans. The current edition of the Manual on Uniform
Traffic Control Devices (MUTCD) shall govern the signing plan.
2) Stamped, signed, and dated final plat drawings and roadway/
construction and grading plan drawings for reviewwith the Final Plan
application and approval. Construction details must be included.
3) 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 the
Final Plan application. These plans (Stormwater Management Plans)
maybe based on urban drainage methodology. The Final Drainage
Report must include the following:
a) A flood hazard review documenting any FEMA-defined
floodways. The engineer shall reference the specific map
panel number, including date. The development site shall be
located on the copy of the FEMA map.
b. The 5 -year storm and 100-yearstorm 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.
4) The applicant shall prepare a construction detail for typical lot grading
with respect to drainage for thermal 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 stormwaterflows, while
taking into account adjacent drainage mitigation.
2006-2775
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CHANGE OF ZONE #1094 FROM A (AGRICULTURAL) TO PUD - ED ORR
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6. At the time of Final Plan submission:
A. The applicant shall submit a set of sign standards as required by
Section 27-6-90.E.1 of the Weld County Code for review and approval.
B. The applicant shall submit an On -Site (Private) Improvements Agreement
that addresses all improvements associated with this development for
review and approval.
C. The applicant shall submit developm ent Covenants for New Cache Estates
PUD. Language for the preservation and/or protection of the absorption field
envelopes shall be placed in the development Covenants. The Covenants
shall state that activities such as permanent landscaping, structures, dirt
mounds, or other items are expressly prohibited in the absorption field site.
The Covenants should also note that future owners of Lots 4,5, 6, and 7 are
subject to the requirements of the pipeline right-of-way grant recorded under
Reception No. 01946743. The Covenants shall also address signage
requirements and refer to the Weld County Code.
D. Intersection sight distance triangles at the development entrance 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.
E. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
F. Easements shall be delineated on the final plat in accordance with Weld
County standards (Section 24-7-60 of the Weld County Code) and
recommendations of the Utilities Coordinating Advisory Committee.
G. The applicant shall submit all proposed street names and lot addresses to
the Weld County Department of Planning Services for review and approval
by the Eaton Fire Protection District, Weld County Sheriff's Office, Weld
County Paramedic Service, and the Post Office.
H. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners' Association for review and approval.
I. The applicant shall contact the Vegetation Weed Management Specialist with
the Weld County Department of Public Works at (970) 356-4000, Ext. 3770,
to develop a Weed Management Plan. The approved plan shall be Included
in the Final Plan application.
J. The applicant shall address the requirements of the Department of Planning
Services Landscaping Referral dated January 29, 2006. Written evidence
of such shall be provided to the Department of Planning Services.
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7. Prior to recording the final plat:
A. Original copies of the approved Covenants, along with the appropriate
recording fee (currently $6.00 for the first page and $5.00 for subsequent
pages), shall be submitted to the Weld County Department of Planning
Services.
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 enter into an On -Site Improvements Agreement
According to Policy Regarding Collateral for Improvements. This agreement
shall be approved by the Board of County Commissioners.
D. The applicant shall enter into an Off -Site Improvements Agreement
According to Policy Regarding Collateral for Improvements. This agreement
shall be approved by the Board of County Commissioners.
E. The applicant shall provide evidence that the voluntary Capital Mitigation Fee
has been paid, along with the fee -in -lieu -of -land dedication, as stated in the
agreement with Eaton School District RE -2, and that the remaining
requirements of the RE -2 School District have been addressed.
F. The applicant shall provide copies of a signed final agreement with the North
Weld County Water District.
G. The applicant shall provide copies of a signed final copy of the Augmentation
and Easement Agreement between the applicant and the Lower Poudre
Augmentation Company.
H. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstatlon); 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).
8. Prior to release of collateral:
A. Evidence shall be provided that the Outlots have been deeded to the
Homeowners' Association.
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CHANGE OF ZONE #1094 FROM A (AGRICULTURAL) TO PUD - ED ORR
PAGE 10
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of November, A.D., 2006.
ATTEST:
Weld my Clerk to th
BY:
Depu ►7 lark a Board
APPROVED AS TO FORM:
Cou Atto
y fLI J
(J
Date of signature: ►112 jbIp
BOARD OF • NTY COMMISSIONERS
WELD COU , COLORADO
David E. Long, Pro-Tem
William H. Jerke
EXCUSED
Robert . Masden
Glenn Vaad .."r-
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