The URL can be used to link to this page

Browse Search

Home My WebLink About20220991.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REVOCATION OF PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-1066 (TORGERSON PUD) - FAITH TABERNACLE MINISTRIES, INC., C/O DANNY PERDEW 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 #2006-1400, dated June 14, 2006, the Board approved the application of Mikal Torgerson, 223 North College Avenue, Fort Collins, Colorado 80524, for a Site Specific Development Plan and Planned Unit Development Final Plan, PF-1066, for nine (9) lots with E (Estate) Zone Uses, along with 28.4 acres of open space, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -2681; being part of the SE1/4 of Section 32, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, current property owner, Faith Tabernacle Ministries, Inc., c/o Danny Perdew, 13248 County Road 72, Greeley, Colorado 80631, by letter dated February 24, 2022, have requested Revocation of the Planned Unit Development Final Plan, PF-1066 (Torgerson PUD), stating the Final Plan was submitted; however, never recorded, and WHEREAS, Section 27-8-50 of the Weld County Code provides standards for Revocation of said Planned Unit Development Final Plan, PF-1066 (Torgerson PUD), 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 and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The PUD development has been abandoned, and the property owners do not have the willingness or ability to continue with the submittal of the PUD final plan. No Final Plan application has been submitted for Torgerson PUD. By letter dated February 24, 2022, the current property owners have requested revocation, stating they have no intent or desire to continue with the development or record a PUD Final Plan. 2. The conditions and statements made supporting the original approval of the PUD Zone District have changed, and the landowners cannot implement the PUD Final Plan. The current conditions would prevent a future Final Plan application from being accepted. 4817796 Pages: 1 of 2 04/11/2022 02:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NU��R�Y��4�4�44�CM�1f�� KGJ��hil I� IYIti "I II Cc.P1-CTP/Da),1 PPL., A PPI.. REP. �i /i a /22 2022-0991 PL1791 REVOCATION OF PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-1066 (TORGERSON PUD) - FAITH TABERNACLE MINISTRIES, INC., C/O DANNY PERDEW PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Faith Tabernacle Ministries, Inc., c/o Danny Perdew, for Revocation of the Planned Unit Development Final Plan, PF-1066, on the above referenced parcel of land be, and hereby is, granted and the Final Plan Revoked. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELQ COUNTY, COLORADO ATTEST: ditifet) •.xlD;e1 Weld County Clerk to the Board BY: K. James , Chair an, Pro -Tern eputy Clerk to the Board �I!��•,�_ E p.�%7� `�� APPRD AS T ounty Attorney Date of signature: t1/7/22 4817796 Pages: 2 of 2 04/11/2022 02:22 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County Co 1111 I��I�J44�I+�l'I� h��;E'�11'�N�,�A�4'i�Kil��lff�h "Hu Lori S 2022-0991 PL1791 TO: FROM: SUBJECT: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Diana Aungst, Planner II Consider Revocation of Planned Unit Development Final Plan, PF-1066 (Torgerson PUD) HEARING DATE: March 30, 2022 PROPERTY OWNERS: Faith Tabernacle Ministries, Inc. c/o Danny Perdew REPRESENTATIVE: Scott Ducommun Alles, Taylor, and Duke, 3610 35th Ave., Unit 36, Evans, CO 80620 LEGAL DESCRIPTION: Lot B, Recorded Exemption No. 0553-32-4 RE -2681; being part of the SE4 of Section 32, T8N, R66W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to CR 86 and approximately 0.25 miles west of CR 29 PARCEL NUMBER: 0553-32-0-00-038 SIZE: ± 77.91 acres ZONE DISTRICT: PUD (Planned Unit Development PZ-1066, PL1791) NARRATIVE: The Department of Planning Services received the attached letter dated February 24, 2022, from Faith Tabernacle Ministries, Inc. c/o Mr. Danny Perdew requesting that the PUD Final Plan, PF-1066, be revoked. This Final Plan PF-1066 was approved on June 14, 2006, by the Board of County Commissioners. The Board of County Commissioners may revoke the PUD Final Plan if the Board determines that conditions supporting the original approval of the PUD cannot be met. Sec. 27-8-50. — Failure to record a PUD final plan. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or 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 has not been abandoned and that the applicant possesses the willingness and ability to record the 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 cannot be met, the Board may, after a public hearing, revoke the PUD. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2022-0991 3130 Page 1 of 1 I?L 1'191 24 February, 2022 Dear Department of Planning Services I am writing this Letter of Withdraw to request that PF-1066 (which is Lot B of Recorded Exemption No 0708-32-2-RE2681 as located in the South V2 of Section 32, Township 8 North, Range 66 West of the 6`h Pnncipal Mendian, County of Weld, State of Colorado) The purpose of this request is to WITHDRAW PF-1066 which was approved; however, never recorded Respectfully bmitted, Faith Tabernacle Ministries INC By Pastor Danny Perdue, President Date,,)„,/,I1,,.\--/aA, - WELD COUNTY BOARD OF COUNTY CO MISSI0NERS March 30, 2022 PF-1066 Revocation of the PUD Vicinity map r VW ■NS I a SITE INCR /117 /fre 0 y� I I 14 e i PF-1 066 - Aerial N END OF REVOCTION OF PF-1066 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 E-mail messages sent to an individual Commissioner may not be included in the case file To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov corn DATE. March 30, 2022 TIME: 9 00 a m APPLICANT: Faith Tabernacle Ministries, Inc c/o Danny Perdew 13248 County Road 72 Greeley, Colorado 80631 REQUEST. Consider Revocation of Planned Unit Development Final Plan, PF-1066 (Torgerson PUD) LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -2681, being part of the SE1/4 of Section 32, Township 8 North, Range 66 West of the 6th P M , Weld County, Colorado LOCATION. North of and adjacent to County Road 86, approximately 0 25 miles west of County Road 29 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED. March 18, 2022 PROPERTY OWNERS FOR REVOCATION OF PUD FINAL PLAN PF-1066 Owner FAITH TABERNACLE MINISTRIES, INC., C/O DANNY PERDEW Address 13248 COUNTY ROAD 72 City State Zip GREELEY CO 80631 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 Revocation of PUD Final Plan, PF-1066, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 18th day of March, 2022. K,a) Janet M. Warwick Deputy Clerk to the Board HR U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com. :I Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ • Certified Mail Restricted Delivery $ ▪ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total Postage and F es o Dannt1 Pe -rd at) LA's Taber nack M!'n,'51-r"c5 and S Stre Postmark Here CI j_te,zI 4s .D 3 PS Form 3800, Apr;i 2015 PSN 7530-02-000-9047 See Reverse for instructions I SENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: sf�� Fan� H-h1berncwk NI i ni e5 D I�".tnntf f �rdCW Z.) elgi ieZZ47 Cat '7 Z G�ni.lrti CO gti IP 3 / i i 111 i i i 9590 9402 6294 0274 3372 81 i -7.--(t 31 re lb "Pr I COMPLETE THIS SECTION ON DELIVERY n�� D. Is deliveia a (dress different from item 1? O Yes D ❑ Agent D Addressee Delivery If YES, enter delivery address below: O No 2. Article Number (Transfer from service label) 7017 1450 0000 9675 0589 3. Service Type ❑ Adult Signature O Adult Signature Restricted Delivery ❑ Certified Mail® O Certified Mail Restricted Delivery ❑ Collect on Delivery O Collect on Delivery Restricted Delivery Aail /fail Restricted Delivery i0) • ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery O Signature ConfirmationTM O Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. F V4451;••' F�`YJJ4P Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and FeeUcuiirnvt $ 1 12 . Ore Sent To qt.) 5eo+t'hueomn&w'i Oda' ° fret, 5te 0,0 fly�v3rid) 3 n5 Postmark Here city, ste PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions lot de 10 e 1 tt -Tin/ i- SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ai 143, al4j artj bitt' �=lO Ste 1 Thu c -c mman Stel 5 4-ki 04-frO fL42115 Co OEpU rniiiii iii iiiii liii Iffi I I U III II 9590 9402 6294 0274 3372 50 i COMPLETE THIS SECTION ON DELIVERY A. Signature, N X ❑ Agent ❑ Addressee ceived by (eed Name) C. f9ate o at, lit d i D. Is delivery address fferent from item 1 t O YeS If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 7017 1450 0000 9675 061 = PS Form 3811,July 2020 PSN 7530-02-000-9053 3. Service Type O Adult Signature ❑ Adult Signature Restricted Delivery ,w0ertified Mail® '0 Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery O Insured Mail ail Restricted Delivery 9 Q Priority Mail Express® O Registered MailTT ❑ Registered Mail Restricted Delivery 0 Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Diana Aungst From: Tiffnee Lamb Sent: Tuesday, February 22, 2022 9 57 AM To: Diana Aungst, Dawn Anderson, Melissa King, Mike McRoberts Cc. Jennifer Fuller Subject: RE Two revocations of change of zones for PUDs Hello Diana, I apologize, that was for PZ-1066 PUDZ18-0003 appears to have two proposed access points These were not built nor permitted One would not meet our code today I do not see an issue with the proposed accesses going away with the vacation of the PUDZ Thank you for following up, Tiffnee Tiffnee Lamb Access Permits Weld County Planning Services 1555 N 17t Ave Greeley, CO 80631 (970)400-3718 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Diana Aungst <daungst@weldgov corn> Sent' Tuesday, February 22, 2022 9 45 AM To: Tiffnee Lamb <tklamb@weldgov com>, Dawn Anderson <dranderson@weldgov corn>, Melissa King <mking@weldgov corn>, Mike McRoberts <mmcroberts@weldgov corn> Cc: Jennifer Fuller <Jfuller@weldgov corn> Subject. RE Two revocations of change of zones for PUDs Hi Tiffnee Thank you Does this go for both of these plats? Thank again, Diana Aungst Planner 1 Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley. Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daungst©weld_gov. corn www. weldgov. corn Ca Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tiffnee Lamb <tklamb@weldgov.com> Sent: Tuesday, February 22, 2022 9:41 AM To: Diana Aungst <daungst@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com> Cc: Jennifer Fuller <sfuller@weldgov.com> Subject: RE: Two revocations of change of zones for PUDs Good morning all, It appears the access was never built nor permitted... I do no think there is any issue from an access permit stand point. Thank you for your time, Tiffnee Tiffnee Lamb Access Permits Weld County Planning Services 1555 N. 17th Ave. Greeley, CO 80631 (970)400-3718 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weldgov.com> Sent: Tuesday, February 22, 2022 8:15 AM To: Dawn Anderson <dranderson@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com> 2 Cc: Tiffnee Lamb <tklamb@weldgov.com>; Jennifer Fuller <jfuller@weldgov.com> Subject: Two revocations of change of zones for PUDs Hi: I've had a request to vacate PZ-1066 and PUDZ18-0003. I didn't know if you wanted to review these for any reason but I'd thought I'd let you know. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daungst(a)weldgov. corn www. weldgov. corn Greeley, Colorado 80631 C Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 recording of this deed 4475205 Pages: 1 or 2 03/21/2018 04.00 PM R Fee,$13 00 D Fee,$0 00 Carly Kappus, Clerk and Recorder, Wald County. GO EN M ll' 'Io6°4"v I'lnlylttii4KiMItION 01 III Recording requested by When recorded, mail to Name Address City/State/Zip Property Tax Parcel/Account Number QlftddaQ This Quitclaim Deed is made on '- e , Grantor, of , City of and , City of , State of ______D� 3--� For valuable consideration, the Grantor hereby quitclaims and transfers all right, title, and interest held by the Grantor in the following described real estate and improvements to the Grantee, and his or her heirs and assigns, to have and hold, forever, located at�}cf(cgiT City of GE State of ea, p ,pp pi HLC ORDER'. MLMOHANDIM A f t HL I MIL UI NLLOHDINO I H14 DULUMLN I R AS FOUND TO BE ILLEC1BLr Space above reserved for use by Recorder's Office Document prepared by Name Address City/State/Zip Deed , between (N6, Grantee, of , State of , a �� L13VBB1CQglp19381(O14.1VOEUZCO MgJ ?7,2(C8%1D>11tCEOPZIONNCI.377 CA OP 8� y!4 Qi4 91�JC� I gx N H4�T MAIM IOW OPT= Qk�21?d� COUNTS!OP MU*87Y�a8 OF a9 COMM:*E1s �— 4r N v/44.6e i B t) cv vA rer AD 8L' FfXW Subject to all easements, rights of way, protective covenants, and mineral reservations of record, if any Taxes for the tax year of shall be prorated between the Grantor and Giantee as of the date of *NOVA QuItclalm Deed Pg 1 (07 09) 4473205 Poses: 2 of 2 03/21/2019 04:00 PM R Fcm.$18.00 0 Fea: 0 00 Carly Koppoa, Mork and RBoordor, Weld County, Co 1311 UFO, 1 JDIVI `I'' ,hIIANF P AI �'�I�r L Eli III Dated 3 -P !- 0243 Signature of Grantor (Aim lAge:1 J4,a'44" Name of Grantor State of [ ionzc o On 1/144c4. ZI i ?.r i� _ , the Grantor, :)oAleua iviea,d,t. personally came before me and, being duly sworn, did state and prove that he/she is the person descnbed in the above document and that he/she signed the above document in my presence rtca Se6ri 41 Printed Name of Witness #2 G4° Notary Signature Notary Public, In and for the County of My commission expires _ Ipho Send all tax statements to Grantee County of MICHAEL W SCHMIDKE NOTARY PUBLIC STATE COLORADO NOTARY ID F 0044029 51 COMMISSION EXPIRES SEPTEMBCR 14, 2021 State of eder-t-o Zoz! Seal *NOVAQuffcloim Deed Pe 2 (07-09) RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1066, FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, ALONG WITH 28.4 ACRES OF OPEN SPACE - MIKAL TORGERSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 24th day of May, 2006, at 10:00 a.m. for the purpose of hearing the application of Mikal Torgerson, 223 North College Avenue, Fort Collins, Colorado 80524, requesting a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1066, for nine (9) lots with E (Estate) Zone uses, along with 28.4 acres of open space, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption #2681; being part of the SE1/4 of Section 32, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing the Board deemed it advisable to continue the matter to June 14, 2006, at 10:00 a.m., to allow the applicant additional time to address the outstanding items required by the Department of Public Works, and WHEREAS, on June 14, 2006, the applicant was present at said hearing, and WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a Planned Unit Development Final Plan, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-7-30 of the Weld County Code. 2 The request is in conformance with Section 27-7-40.D as follows: a Section 27-7-40.D.2.a--That the proposal is consistent with Chapters 19, 22, 23, 24, and 26 of the Weld County Code . 1) Section 22-2-60.A.1 (A.Goal 1) states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." Also, Section 22-2-60.D.2 (A. Policy 4) states, "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County." The site is designated "Prime if irrigated," however, there is no irrigation water associated with this development. ((1: P�,��! .��ret9,lift. 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 2 2) The application proposes non -urban scale development, and Section 27-2-140 of the Weld County Code states, " .' developments comprising of nine (9) or fewer residential lots, located in a non - urban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors " 3) Section 22-3-50 B 1 (P Goal 2) states, "Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of the County" The 'homes will be serviced by the North Weld County Water District Th'e Weld County Department of Public Health and Environment has indicated that the proposal does meet current policies and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer 4) The proposed site is not influenced by any Intergovernmental Agreements or the Mixed Use Development area b Section 27-7-40 D 2 b — The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone Distnct contained in Chapter 27, Article II, of the Weld County Code ! The applicant has met the twenty Performance Standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera The applicant has submitted an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) The Improvements Agreement will be required to be approved and accepted by the Board of County Commissioners pnor to recording the final plat c Section 27-7-40 D 2 c --The uses which will be permitted will; be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities The proposed site is not influenced by an Intergovernmental Agreement The proposed site is within the three-mile referral area for the Towns of Severance, Ault, and Pierce The Town of Ault did not respond to the referral request The Towns of Severance and Pierce returned a referral indicating the plan does not conflict with their interests d Section 27-7-40 D 2 d -- 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 Chapter 27, Article II, of the Weld County Code The applicant has proposed to service the lots with water from the North Weld County Water Distnct The (Weld County Department of Public Health and Environment has indicated that the proposal does meet current policies and the application) has satisfied Chapter 27 of the Weld County Code in regard to water and sewer 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 3 e Section 27-7-40 D 2 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 Weld County Road 86, adjacent to the proposed development, is classified by the Weld County Roadway Classification Plan, June 2002, as a local road requiring 60 feet of right-of-way If the right-of- way cannot be verified, it will be dedicated on the final plat Further, the Weld County Department of Public Works has indicated that this development will introduce additional vehicle trips to the roadway system With this increased level of traffic on unpaved roads, fugitive dust and surface maintenance problems will incur The Department of Public works is requiring an Off -Site Improvements Agreement to address the proportional share of improvements based on the traffic generated by the development to the existing traffic 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 f Section 27-7-40 D 2 f — 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 The applicants have submitted an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) The applicant has not submitted an Improvements Agreement for (Public Road Maintenance) Per the referral from the Department of Public Works, dated April 27, 2006, the applicant is required to submit appropriate documentation and post collateral The Public and Private Improvements Agreement will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat g Section 27-7-40.D 2 g — There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The Conditions of Approval and Development Standards ensure that soil conditions shall be considered when placing structures or Individual Sewage Disposal Systems The site is not located within an overlay district Further, no viable commercial mineral deposits are located within the site h Section 27-7-40.D 2 h -- If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan conforms exactly to the development guide The proposed PUD Final Plan uses are compatible with the cntena listed in the developmental guide 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Mikal Torgerson for a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1066, for nine (9) lots with E (Estate) Zone uses, along with 28 4 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 PUD Final Plat A The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) and an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) Both agreements shall be approved and accepted by the Board of County Commissioners with the following amendments i 1) An executed on -site improvements agreement has been submitted and is acceptable with the following revisions to Exhibit A Street base - $25,500 Street name and Stop sign - $500 Water transfer - Value of water shares or letter from the North Weld County Water District waiving surety requirement Engineering and Supervision Costs - $15,000 Total Estimated Cost - Revise Amount 2) The proposed Off -Site Improvements Agreement adequate for submittal to the Board of Weld County Commissioners is required with the Final Plan application The application materials do contain a copy of a standard form that was supplied to the applicant but it has not been completed A completed agreement that addresses the following shall be submitted a The route to the nearest paved road from Ithe Torgerson PUD is Weld County Road 86 east to Weld County Road 29, then Weld County Road 29 south to State Highway 14, for a total distance of 2 5 miles b The cost to stabilize one mile of roadway is $65,000 00 c The traffic generated from the Torgerson PUD will be 50 percent of the traffic on Weld County Road 86 and 30 percent of the traffic on Weld County Road 29 Road Stabilization adjacent to Torgerson PUD shall be paid 100 percent by the developer 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 5 d The term of the agreement shall be ten (10) years Funds generated by this agreement may be applied toward paving The cash in escrow when fully funded is $60,120 00 B The Restrictive Covenants approved by the County Attorney and the Department of Planning Services shall be submitted to the Department of Planning Services for recording C The applicant shall submit to the Department of Planning Services the appropnate fee ($6 for the first page and $5 for all others) for recording the Restrictive Covenants for Torgerson PUD D The applicant shall submit written evidence to the Department of Planning Services from the Weld County Department of Public Health and Environment indicating that all issues with the placement of retention ponds and septic envelopes have been satisfied to the Departments satisfaction E The applicant shall submit a recorded copy of a fully executed agreement with the Pierce Lateral Ditch Company, to the Department of Planning Services, addressing the prescriptive easement, waste water runoff, especially as it relates to water quality, and the detention pond, that all structures be designed by an engineer, that all structures be approved by the Ditch Company, and that the Ditch Company be reimbursed by the applicant for all of its engineering and legal expenses F The applicant shall submit wntten evidence to the Department of Planning Services from the Weld County Department of Public Works indicating that all issues with the proposed detention pond, the outlet structure and associated engineering documents have been satisfied to the Department's satisfaction G The applicant shall submit evidence to the Department of Planning Services that the School District has accepted the location of the bus pull -off H The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements for both Public (off -site) and Private (on -site) areas These agreements shall be approved by the Board of County Commissioners 1. The applicant shall submit Certificates from the Secretary of State showing the Homeowners' Association has been formed and registered with the State J The applicant shall submit a deed which transfers ownership of the open space to the Homeowners' Association 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 6 K The applicant shall submit a copy of a finalized Water Service Agreement between the applicant and the North Weld County Water District for service to the PUD L The applicant shall submit three (3) sets of stamped, signed,Iand dated final plat drawings and roadway/construction and grading plan drawings for use by the Department of Public Works 1 M 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 N An amended and revised Final Drainage Report, stamped, signed, and dated by a professional engineer licensed in the Sate of Colorado, shall be re -submitted to the Department of Public Works The 5 -year storm and 100 -year storm drainage studies shall take into consideration off -site flows both entering and leaving the development Increased I 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 the copy of the FEMA map O The applicant shall submit the final drainage construction anOrosion control plans (conforming to the Drainage Report) stamped, signed, and dated by a professional engineer licensed in the State of Colorado!, These plans (Stormwater Management Plans) may be based on Urban Drainage methodology I P 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 ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is e00 The preferred format for Images is of (Group 4) (Group 6 is not acceptable) Q The Plat shall be amended to include the following 1) All sheets of the plat shall be labeled PF-1066 2) All sheets shall be prepared in accordance with Section 27-9-20 for Final Plat map requirements, Section 27-9-30 for the detailed Landscape map requirements, and Section 27-9-40 for the Final plan utility map requirements I 2006-1400 PL1791 1 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 7 3) A utility service statement block, as indicated by Section 27-9-40 B of the Weld County Code, with all appropriate signatures 4) As required by the Weld County Utilities Coordinating Advisory Committee, per discussion on May 11, 2006 5) Outiot B shall indicate utility easements of 15 feet for front, 20 feet for perimeter, and 10 feet for side lots, or a note shall be added stating the entire outlot can be crossed by utilities 6) The plat shall delineate the location of any easements located on this site 7) The plat shall delineate the location of the pnmary and secondary septic envelopes All septic envelopes must be located 100 feet from the Pierce Lateral Ditch and 100 feet from the well 8) The thirty (30) foot prescriptive easement on the west side of the Pierce Lateral Ditch identified by Book and Page per the office of the Clerk and Recorder, if it is determined that the May 24, 2006 centerline of the Pierce Lateral Ditch allows. 9) The centerline location of the Pierce Lateral Ditch, including the documentation for the creation and easements for the Pierce Lateral Ditch If information is unavailable, the Pierce Lateral Ditch Company shall approve the documentation and adequacy for its easement 10) The pedestrian shelter is shown in the right-of-way ofTorgerson Way on the Landscape Plan and sheets 5, 6, 7 of 9 in the construction plans In accordance with the Change of Zone Resolution, the pedestrian shelter shall be shown in open space and meet all setbacks and not be in an easement 11) On Sheet 7 of 9 a note shall be added requiring the street identification and Stop sign to be manufactured and installed in accordance with the Manual on Uniform Traffic Control Devices 12) On sheet 6 of 9, the flow line elevation for the 24 -inch corrugated metal pipe (CMP) shall be shown The road ditch will require grading deeper than 2 07 feet, which is shown on the typical street section, in order to install the 24 -inch CMP and meet cover requirements Road ditch grades and elevations shall be shown on the profile to facilitate installation of the 24 -inch CMP 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 8 13) No erosion control measures or seeding have been indicated for the road ditches, swales, or detention pond Erosion control and seeding shall be shown on sheet 5 of 9, and the following notelishall be added, "Unlined drainage facilities and all areas disturbed dunng construction shall be actively revegetated Seed mixes should be selected to match the conditions where they will be used Recommended seed mixes may be obtained from the Weld County Public Works Weed Division Supervisor 2 The Final Plan is conditional upon the following and that each shall be placed on the Final plat as notes prior to recording A The Site Specific Development Plan and Planned Unit Development Final Plan, PF #1066, is for nine (9) residential lots with E (Estate)Zone uses and 28 4 acres of open space, except one horse per acre will be permitted on Lots 1 through 9 Open space shall adhere to the uses;allowed in the A (Agricultural) Zone District, except no residential structures shall be allowed The PUD will be subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County Regulations B All landscaping within the site distance tnangles must be less than 3 5 feet in height at maturity C A Homeowners' Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilitiesOpen space restrictions are permanent D Weld County's Right to Farm, Appendix 22-E, as delineated on this plat, shall be recognized at all times E Water service shall be obtained from the North Weld County Water District F 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, WaterQuality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system G. 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 irrigation ditch or well H Activities such as permanent landscaping, structures, dirt mounds, or other items, are expressly prohibited in the absorption field site I I 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 9 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 Colorado Department of Public Health and Environment, Water Quality Control Division, atwww cdphe state co us/wq/PermitsUnitfor more information J Dunng 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 pnor to the construction of any building or structure including entry gates and signs N A plan review is required for each building for which a building permit is required Plans shall include a floor plan Residential building plans maybe required to bear the wet stamp of a Colorado registered engineer or architect 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 Codes 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 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 10 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 farthestprojection from the building Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection S All signs, including entrance signs, shall require building permits 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. T Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Program U Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage impact Fee V The property owner shall allow any mineral owner or lessee the right of ingress or egress for the purposes of exploration development, completion, re -completion, re-entry, production, and maintenance operations associated with existing or future operations located on these lands W Installation of utilities shall comply with Section 24-9-10 of the Weld County Code X The property owner shall be responsible for keeping the fence line adjacent to the prescriptive ditch easement free and clear of weeds and flammable materials Y The property shall not allow waste water from this development to flow into the Pierce Lateral Ditch This runoff includes chemicals, oils, pesticides, herbicides, insecticides, and gray water from septic tanks and leach fields The Pierce Lateral Ditch does not accept any waste water; or runoff from subdivisions Z The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 11 AA 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 BB The site shall maintain compliance at all times with the requirements of the Weld County Government, and adopted Weld County Code and policies CC The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code 3 The Final plat map shall be submitted to the Department of Planning Services for recording within thirty (30) days of approval by the Board of County Commissioners With the Final plat map, the applicant shall submit a digital file of all drawings associated with the Final plat 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 of (Group 4) (Group 6 is not acceptable) 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 Section 27-8-60 of the Weld County Code - 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 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, aftera public heanng, revoke the PUD Final Plan 2006-1400 PL1791 PUD FINAL PLAN, PF #1066 - MIKAL TORGERSON PAGE 12 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A D., 2006 ATTEST Weld ounty Clerk to the B BY Dep APP Attorney Glenn Vaad Date of signature 2C'W BOARD OF COUNTY COMMISSIONERS ELD CO ��` , COLORADO J/.liv Gale, Chair II 0- I 2006-1400 PL1791 Hello