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HomeMy WebLinkAbout20220992.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REVOCATION OF PLANNED UNIT DEVELOPMENT ZONE DISTRICT AND VACATION OF THE PLAT, PZ-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 #2005-2658, dated October 5, 2005, the Board approved the application of Mikal Torgerson, 223 North College Avenue, Fort Collins, Colorado 80524, for Change of Zone, PZ-1066, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District 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, current property owner, Faith Tabernacle Ministries, Inc., c/o Danny Perdew, 13248 County Road 72, Greeley, Colorado 80631, by letter dated December 21, 2021, have requested Revocation of the Planned Unit Development Zone District and Vacation of the Plat PZ-1066 (Torgerson PUD), stating no Final Plan has been submitted, nor would one be submitted in the future, and WHEREAS, Section 27-8-40 of the Weld County Code provides standards for Revocation of said Planned Unit Development Zone District and Vacation of the Plat, PZ-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 Staff 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 December 21, 2021, the current property owner has requested revocation of the PUD Zone District, stating they have no intent or desire to continue with the development or submit 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. Property ownership has changed, current owner has requested revocation of the PUD Zone District and vacation of the plat. 4817797 Pages: 1 of 2 04/11/2022 02:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO k l Aril 111111 C C : PL(TP/DA), APPL. REP. H/Iq /22 2022-0992 PL1791 REVOCATION OF PLANNED UNIT DEVELOPMENT ZONE DISTRICT AND VACATION OF THE PLAT, PZ-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., do Danny Perdew, for Revocation of the Planned Unit Development Zone District and Vacation of the Plat, PZ-1066, on the above referenced parcel of land be, and hereby is, granted, zoning revoked and plat vacated. 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 WELCOUNTY, COLORADO ATTEST: dithA) . ;ok Weld County Clerk to the Board BY: Deputy Clerk to the Board APP ED Count A ttorney Date of signature: Li /7V- 4817797 Pages: 2 of 2 04/11/2022 02:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII IY1��tllI'If�'�M��LtI�'�h�R'4�1� Irrl�Yk �I III James, Chair Mi Lori Saine 2022-0992 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 Zone District and Vacation of the Plat, PZ-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 December 21, 2021, from Rev. Danny Perdew of Faith Tabernacle Ministries, Inc. requesting that the approval of PUD change of zone, PZ-1066, be revoked and the plat vacated. Change of Zone PZ-1066 was approved by the Board on October 5, 2005, via Resolution #2005-2658 and the plat was recorded on January 24, 2006, via reception #3357186. The change of zone was intended to provide zoning for a nine -lot subdivision. The final plat was submitted on January 18, 2006, and approved by the Board of County Commissioners on June 14, 2006, via Resolution #2006-1400. The Final Plan plat was never recorded and the applicant has submitted a request to vacate the Final Plan PF-1066 as well. The Board of County Commissioners may revoke the PUD Zone District if the conditions supporting the original approval of the PUD Zone District have changed or if the landowner cannot implement the PUD final plan. Sec. 27-8-40. - Failure to submit a PUD 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 submittal of the PUD final plan. The Board of County Commissioners may extend the date for the submittal of the PUD final plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners 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 may, at a public meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original zone district. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2022-0992 Page 1 of 1 330 Faith Tabernacle Ministries, Inc., Rev Danny Perdew Y, Y 13248 WCR 72 Greeley, CO 80631 (9703,96-5292 or (970)371-7332 :,Pax (970) 330-9786 Email@ bjperdew@gmail corn CVCIIIUC���G.L, LUGI s�i wrp �i K �4 r: ;To whom't,mayrconcern•- YFa'. This�letter'�is to convey that Faith Tabernacle Ministries has requested the', Y 4,Planning',�Department to vacate current PUD change'9f zone plat of Tor erson c,',,PUD-PZ # 1066 Recorded exemption # Z0553-32-4-RE2681 L:OTT�tit , :'It is our intentions to°submit a_plated survey of two:parcels' Danny Perdew, President pL/7q/ Faith Tabernacle Ministries, Inc. Rev Danny Perdew 13248 WCR 72 Greeley, CO 80631 (970)-396-5292 or (970)371-7332 Fax(9'10) 330-9786 Emarl@cbjperdew@gmail corn „ t _ December 21, 2021 ;To whom it may concern The,Board of Directors had a meeting an has approved the following request N _ t _ this fetter is to convey that Faith Tabernacle Ministries is wanting to vacate current PUD, change of zone plat'of Torgers`on PUD-PZ #1066 Danny Perdew, President ,y rya t. CHANGE OF ZONE PLAT OF TORGERSON P.U.D.- PZ#1066 SITUATE IN THE SE4 OF SECTION 32, TOWNSHIP 8 NORTH, RANGE 66 WEST, OF THE 6TH P M, IIIIIIIIIIIII�IIIOIIIIII�IIII�IIIIINIIIII�111111 COUNTY OF WELD, STATE OF COLORADO I'f X b� fN WPIE fiery C0 OW fbv"WnPP CMIYR.mJn NOTES • RI (Me wp..ncemal) n 0° (Memel v 4 • "." 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WOW 4M n COUNTY ROAD 86 Mm,.rni Ito two, ACRICULTURC 6 134672 Ap It 001106 5.76000' IV n...iawo 41.11.6CVS 13134 NOM THERE NO EVIOEXCE Oi ANY AA 1.1NE3 ON INC HMI' PHEICAT, GRAPHIC SCALE to, Pm ) t gt CHANGE OF ZONE PLAT I m m A m NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing The cost of engaging a court reporter shall be borne by the requesting party In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 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.com. 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 Zone District and Vacation of the Plat, PZ-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 ZONE DISTRICT AND VACATION OF THE PLAT PZ-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 Zone District and Vacation of the Plat, PZ-1066, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 18th day of March, 2022. ctrct 1K. u)aAw; ck Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com •.far. -:�. � 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 $ Adutt Signature Restricted Delivery $ Postage $ Total Postage and F s c o bannt-r P&rdaJ °/4—h Ta be ma c !- Mz'nf51-ricsIn and his S Stre Postmark Here Ci Via o"v°�`"1 ZI4s .D�3 itasist PS Form 3800, Apr;i 2015 PSN 7530-02-000-9047 See Reverse for Instructions 'RE ettiz 3 I T'Z 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: Fa ;4-+cfabernwk fA i n i sfria qo ?trd&ui Zle-1' 13z4� Ult �z Cb R04)3/ i i i i 9590 9402 6294 0274 3372 81 i COMPLETE THIS SECTION ON DELIVERY A. Sig X D. Is delive a: dress different from item 1? O Yes ❑ Agent D Addressee Receive • • (Pr ' -d ame) C. Da of D livery CCP SI/ -3>z z;zri If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 7017 1450 0000 9675 0589 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Aail flail Restricted Delivery '0) • ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery • PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt rR O Ern U, r•- Cr elo 0 0 a x, r -R N rR 0 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com') Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ Return Receipt (electronic) $ Certified Mail Restricted Delivery $ El Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ A-1 kf nai,i )0r no Sent To ge 5, 1 Stre , d Apt, ,(lo., o No. 1 311 �s Postmark Here d b4c j)u to ne\fruiroi z U/1; f 3c, c'tY) 'NV 5 N) ?z), PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions IOC 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: 0-1p bitt- Sal4 Thu c-om 3010 35Th .,4-frG WO-% fvans Co I?OI4I) u 9590 9402 6294 0274 3372 50 i 2. Article Number (Transfer from service label) 7017 1450 ❑070 9675 06 PS Form 3811, July 2020 PSN 7530-02-000-9053 --10te ter --aztni Act COMPLETE THIS SECTION ON DELIVERY A. Siignature, .4 s Xi ❑ Agent ❑ Addressee ceived by (ed Name) Ie .harm 10 i C. Date of Deliv D. Is delivery address's fferent from item If YES, enter delivery address below: ❑ Yes ❑ No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery gOertified Mail® '❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ail Restricted Delivery ., 9 >> O Priority Mail Express® ❑ Registered Mail"' ❑ Registered Mail Restricted Delivery D Signature Confirmation"' ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt AUTHORIZATION FORM I, (We), Rystor NteNnL Au-Ak e (Owner — please print)to apply for any Planning, Building, Access (address or parcel number) below: Legal Description: S E. Subdivision Name: DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 , give permission to (Authorized Agent/Applicant—please print) or OWTS permits on our behalf, for the property located at of Section a , Township, N, Range_- W Property Owners Information: Address: 7 a Phone 1t'y) ,?)Cj to - a_ E-mail. Authorized Agent/Applicant Contact Information: Address Phone: 9:1O1 . _ c ---�jao 8 E -Mail: Correspondence to be sent to: Owner r Additional Info: Owner Signature: Owner Signature: Authorized Agent/Applicant Date: Block by: Mail Email Dater.2e Fh'O, z.0 2 2 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. 5-F}1ed Colorado Secretary of State Date and Time: 11/02/2015 02:10 PM ID Number: 20151711636 Document number: 20151711636 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Nonprofit Corporation filed pursuant to § 7-122-101 and § 7-122-102 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name for the nonprofit corporation is Faith Tabernacle Ministries, Inc. (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the nonprofit corporation's initial principal office is Street address 13248 WCR 72 Mailing address (leave blank if same as street address) (Street number and name) Greeley (City) CO 80631 (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province - if applicable) (Country) 3. The registered agent name and registered agent address of the nonprofit corporation's initial registered agent are Name (if an individual) OR (if an entity) Perdew (Last) Danny (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Street address 13248 WCR 72 ARTINC_NPC (Street number and name) Greeley (City) CO 80631 (State) (ZIP Code) Page 1 of 3 Rev. 2/12/2013 Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (The following statement is adopted by marking the box) n The person appointed as registered agent above has consented to bemg so appointed 4 The true name and mailing address of the incorporator are Name (if an individual) Perdew Danny OR (if an entity) (Last) (First) (ZIP Code) (Middle) (Suffix) I (Caution Do not provide both an individual and an entity name) Mailing address 13248 WCR 72 (Street number and name or Post Office Box information) Greeley CO 80631 (City) (State) (ZIP/Postal Code) United States (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) O The corporation has one or more additional incorporators and the name and mailing address of each additional mcorporator are stated in an attachment I 5 (If the following statement applies, adopt the statement by marking the box) n The nonprofit corporation will have votmg members 6 Provisions regarding the distribution of assets on dissolution See Attachment ARTINC_NPC Page 2 of 3 Rev 2/12/2013 7 (If the following statement applies, adopt the statement by marking the box and include an attachment) n This document contains additional information as provided by law 8 (Caution Leave blank if the document does not have a delayed effective date Stating a delayed effective date has significant legal consequences Read instructions before entering a date) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour minute am/pm) Notice Causmg this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the mdividual m good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filmg, taken in conformity with the requirements of part 3 of article 90 of title 7, C R S , the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named m the document as one who has caused it to be delivered 9 The true name and mailing address of the mdividual causing the document to be delivered for filmg are Perdew Danny (Last) 13248 WCR 72 (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Greeley CO 80631 (City) (Province — if applicable) (State) (ZIP/Postal Code) United States (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) n This document contains the true name and mailing address of one or more additional individuals causmg the document to be delivered for filing Disclaimer This form/cover sheet, and any related mstructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remams the responsibility of the user of this form/cover sheet Questions should be addressed to the user's legal, business or tax advisor(s) ARTINC_NPC Page 3 of 3 Rev 2/12/2013 A The purpose(s) for which the (corporation)is organized are exclusively religious', charitable, scientific, literary or educational purposes,mcluding for such purposes the making of distributions to organizations that qualify as exempt organizations under Section 501C3 of the Internal Revenue Code of 1986 or corresponding sections of any future fedeia1 tax code B No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause thereof No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing of statements) any political campaign on behalf of any candidate for public office Notwithstanding any other provision of these articles, this organization shall not carry on any activities not permitted to be carried on by an organization exempt from federal income tax under Section 501C3 of the Internal Revenue Code of 1986 or the corresponding provisions of any future U S Internal Revenue Code, or by an organization, contributions to which are deductible under Section 170C2 of the Internal Revenue Code of 1986, or corresponding sections of any future federal tax code C In the event of dissolution, the residual assets of the organization will be distributed for one or more exempt purposes within the meaning of Section 501C3 of the Internal Revenue Code of 1986 or corresponding sections of any future Internal Revenue Code, or shall be distributed to the federal government, or to a state or local government, for a public purpose Document must be filed electronically Paper documents are not accepted Fees & forms are subject to change For more information or to pnnt copies of filed documents, visit www sos state co us Colorado Secretary of State Date and Time 05/03/2021 11 06 AM ID Number 20151711636 Document number 20211429049 Amount Paid $10 00 ABOVE SPACE FOR OFFICE USE ONLY Periodic Report filed pursuant to §7-90-301, et seq and §7-90-501 of the Colorado Revised Statutes (C R S) ID number Entity name Jurisdiction under the law of which the entity was formed or registered Colorado 20151711636 Faith Tabernacle Ministries, Inc 1 Principal office street address 13248 WCR 72 2 Prmclpal office mailing address (if different from above) (Street name and number) Greeley CO 80631 (City) (State) (Postal/Zip Code) United States (Province — iapplicable) (Country — if not US) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province — rf applicable) (Country — if not US) 3 Registered agent name (if an individual) Perdew or (if a business organization) (Last) Danny A (First) (Middle) (Suffix) 4 The person identified above as registered agent has consented to bemg so appomted 5 Registered agent street address 6 Registered agent mailing address (if different from above) REPORT 13248 WCR 72 (Street name and number) Greeley (City) 13248 WCR 72 CO 80631 (State) (Postal/Zip Code) (Street name and number or Post Office Box information) Greeley CO 80631 (City) (State) (Postal/Zip Code) United States (Province — ifapplicable) (Country — if not US) Page 1 oft Rev 12/01/2012 Notice Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act aid deed of the person on whose behalf the mdividual is causmg the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C R S , the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated m the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such mdividual is named in the document as one who has caused it to be delivered 7 Name(s) and address(es) of the individual(s) causmg the document to be delivered for filing Perdew Danny Allen (Last) 13248 WCR 72 (First) (Middle) (Suffix) (Street name and number or Post Office Box information) Greeley CO 80631 (City) (State) (Postdl/Zip Code) United States (Province — if applicable) (Country — if not US) (The document need not state the true name and address of more than one individual However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such Individuals) Disclaimer This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form Questions should be addressed to the user's attorney REPORT Page 2 of 2 Rev 12/01/2012 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Faith Tabernacle Ministries, Inc. is a Nonprofit Corporation formed or registered on 11/02/2015 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20151711636 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/11/2022 that have been posted, and by documents delivered to this office electronically through 02/14/2022 @ 11:15:09 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 02/14/2022 @ 11:15:09 in accordance with applicable law. This certificate is assigned Confirmation Number 13792610 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State 's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http: %$Yirw. sos. state. co. us.- bizi CertiJicateSearchCriteria. do entering the certificate 's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http: irint..sos.state.co.us click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Diana Aungst From. Tiffnee Lamb Sent. Tuesday, February 22, 2022 941 AM To: Diana Aungst, Dawn Anderson, Melissa King, Mike McRoberts Cc: Jennifer Fuller 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 corn> Sent* Tuesday, February 22, 2022 8 15 AM To Dawn Anderson <dranderson@weldgov corn>, Melissa King <mking@weldgov com>, Mike McRoberts <mmcroberts@weldgov corn> Cc* Tiffnee Lamb <tklamb@weldgov corn>, Jennifer Fuller <Jfuller@weldgov corn> 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 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 daundst(a)weldgov. com www. weldgov. corn 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. 2 4475205 Pages. 1 of 2 03/21/2019 04.00 P11 R Fce'$ta 00 D Fee $0 00 Carly Kappa:, Clerk d Recorder. Wald County. CO EMI Und �P 'I � f b%`ti glIlri�l INIMItitsi El Ill Recording requested by When recorded, mail to Name Address City/State/Zip Property Tax Parcel/Account Number This Quitclaim Deed is made on , City of and p' , City of Q ftdlla Iitt 2- a'1- as RE( ORDERS MEMORAhDGM A C 1 HE I MME 01 RECUHDING, IHR OUtUMEN R AS FOUND TO BE 1LLEGIBLT Space above reserved for use by Recorder's Office Document prepared by Name Address City/State/Zip Deed L ; d, , Grantor, ofd%/ /,fJ A S _— , State of fAVS 114, Grantee, of , State of , between For valuable consideration, the Grantor hereby quitclaims and transfers all nght, title, and interest held by the Grantor in the following described real estate and improvements to the Grantee, and his or her heirs and assigns, to have and hold forever, located at f�rT , City of4E , State of /yJA WCO1 o9 aCIEDX' b uncQ i , 27, MilATIISC S°12,OPr AtaL YI OF_COL O , 11ldTtdni 1:210291'O$ �pq h'.MCOtiUP17r da WEL14, � /./ l/it t,8,6e % B t) Cv vAill AD 8 t, E?C) ./3 Subject to all easements, rights of P 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 recording of this deed *NOVA Quitclaim Deed Pg 1 (07 09) 4479203 Pages. 2 of 2 03/21/2019 04:00 PM R Feo,$18 00 D Fca:$0 00 Carty Kop:ppea,p�CIlark anddyRaoordaarl,, Hold County, CO��11,��������� 31lf OPrI�YY� J 10°8L1 .HAIMJ l Cp i i�� G�t7Mt tI III Dated 3 , 1 9 Signature of Grantor u ..1 4 Name of Grantor State of On 0040.4 2:t Z.te 19 County of • ,C 07)4 Printed Nartie of Witness #1 Printed Name of Witness #2 kko , the Grantor, DekeJ444 Rilec,,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 if‘do A.740, Notary Signature Notary Public, In and for the County of My commission expires Win Send all tax statements to Grantee MICHAEL W SCHMIDKE NOTARY PUBLIC STATE COLORADO NOTARY ID P 0094029 51 COMMISSION EXPIRES SEPTEMBER 14, 2021 State of ailor,444, - 9-/V - zo7-t Seal *NOVAClultcloim Deed Pp 2(07-09) icicIbYi RESOLUTION RE: GRANTCHANGEOF ZONE, PZ #1066, FROM A(AGRICU LTURE)ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - 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 5th day of October, 2005, at 10:00 a.m. for the purpose of hearing the application of Mika' Torgerson, 223 North College Avenue, Fort Collins, Colorado 80524, requesting a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District 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, the applicant was present, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the 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.D as follows: a Section 27-6-120.D.5.a -- The proposal is consistent with any Intergovernmental Agreement in effect influencing the PUD and Chapter 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-3-50. BA (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 the North Weld County Water District, and Individual Sewage Disposal Systems will handle the effluent flow. Pe- t r�� f-fLCO') A--PPL. 2005-2658 PL1791 ID •- 4/41 -CC CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - M1KAL TORGERSON PAGE 2 b Section 27-6-120 D 5 b - The uses which would be allowed n 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 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 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 will be paved within a year of approval of the PUD " The site is located within 2,200 feet of the Griffith Minor Subdivision, with the nearest paved road within two miles of this proposed development At the request of the applicant, the Director of Public Works has waived the pavement requirement based on Section 27-2-20 of the Weld County Code 2) Section 27-2-60, Common open space - The applicant has proposed an unimproved trail around the perimeter of the site for equestrian uses with areas of the open space to be utilized only for the grazing of horses The applicant has limited the type of animals within this PUD to horses i 3) 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 es projected by Chapter 22 of the Weld County Code or master plans of affected municipalities The proposed site is within the three-mile referral area for the Towns of Severance, Ault, and Pierce. The Towns of Severance and Ault did not respond to the Change of Zone referral request, however, at the Sketch Plan, the Town of Severance indicated no conflict with its interests The Town of Ault returned a referral for the Sketch Plan, objecting to the County considering this application as an unincorporated subdivision, and is requesting the applicant petition to the Town for annexation I The proposed subdivision is outside of the Intergovernmental Agreement area, therefore, the applicant is not required to prepare annexation documents to the town of Ault The Town of Pierce returned a referral dated June 10, 2005, stating the plan had no conflict with its interests d Section 27-6-120 D 5 d - The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 3 Performance Standards in Chapter 27, Article II, of the Weld County Code The proposed PUD will be serviced by the North Weld County Water District and Individual Sewage Disposal Systems will handle the effluent flow e Section 27-6-120,D 5.e - Street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District In a referral dated June 10, 2005, the Weld County Department of Public Works indicated this development will introduce additional vehicle trips to the roadway system This increased level of traffic on unpaved roads creates fugitive dust and surface maintenance problems The applicant shall indicate a plausible traffic route (to a paved roadway) for the residents of the subdivision with the Final Plan application The cost will be based on a proportion of the traffic generated by the development to the existing traffic The applicant may be required to submit a proposed agreement with the Final Plan application f Section 27-6-120 D 5 f -An Off -Site Road Improvements Agreement and an On -Site Improvements Agreement proposal is in compliance with Chapter 24 of the Weld County Code, and a Road Improvements Agreement is complete and has been submitted, if applicable The Conditions of Approval ensure that the applicant will complete an On -Site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code prior to recording the final plat g Section 27-6-120 D 5 g - There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site The Colorado Geological Survey indicated that site -specific geotechnical investigations should be done for all planned structures These are required by the Weld County Department of Building Inspection at the time of acquiring a building permit 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 Mikal Torgerson for Change of Zone, PZ#1066, from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District 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 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 4 I A The applicant shall submit evidence that the School Dcstnct has reviewed and accepted the bus pull -off and bus shelter for school children waiting for the bus B The plat shall be amended as follows 1) All sheets of the plat shall be labeled PZ-1066 2) Sheet 2 of the plat shall be amended to include the appropnate signature blocks and zoning classification of the PUD 3) The plat shall designate the subdivision as a PUD and not a Minor Subdivision 4) Weld County Road 86 is classified by the County as a local road (Weld County Roadway Classification Plan, June 2002) adjacent to the proposed development, requiring a 60 -foot right-of-way The applicant shall verify the existing right-of-way, and the documents creating the right-of-way shall be noted on the Change of Zone plat If the right-of-way cannot be venfied, it will be dedicated on the Final Plan plat i 5) The internal road nght-of-way shall be sixty (60) feet in width, including cul-de-sacs with a sixty-five (65) foot radius', and dedicated to the public The typical section of interior road shall be shown as two 13 -foot gravel lanes on the Change of Zone plat 6) The plat shall delineate the location of any easements located on the site 7) The plat shall delineate the location of a bus shelter for school children waiting for the bus This area should also include a pull -off for the school bus which enables it to safely load and tinload children off the roadway The bus shelter should be on property owned and maintained by the Homeowners' AssociationI 8) The plat shall delineate the location of the permanent sign which shall be placed at the entrance to the subdivision detailing the name of the subdivision, address, and a graphical presentation of the roadways within the subdivision The sign should be on property owned and maintained by the Homeowners' Association 9) The plat shall delineate the location of the primary and secondary septic envelopes All septic envelopes must be located 100 feet from the Pierce Lateral and 100 feet from the well 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 5 C 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 Change of Zone, PZ#1066, from the A (Agncultural) Zone District to the PUD (Planned Unit Development) Zone District is for nine (9) residential lots as indicated in the application materials on file The lots will adhere to the uses allowed in the E (Estate) Zone District 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 pnor to the sale of any lot Membership in the Association is mandatory for each parcel owner The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities Open space restrictions are permanent D Weld County's Right to Farm, Appendix 22-E of the Weld County Code, 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, Water Quality 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 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 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 should contact the Water Quality Control Division of the Colorado 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 6 Department of Public Health and Environment at www cdphe state co us/wa/PermitsUnit for 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, and at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted I 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 building or structure, including entry gates and signs N A plan review is required for each building for which a bulilding permit is required Plans shall include a floor plan Residential building plans may be 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 Current adopted codes include the 2003 International Residential Code, 2003 International Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code 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 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 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 7 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 pnor 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 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 V Installation of utilities shall comply with Section 24-9-10 of the Weld County Code W The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code X Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations Y The site shall 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 Z No development activity shall commence on the property, nor shall any building permits be issued, until -the Final Plan has been approved and recorded AA The applicant shall comply with Section 27-8-50 of the Weld County Code, as follows Failure to submit a Planned Unit Development Final Plan - "If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 8 I I 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 Distnct; and order the recorded PUD Zone District reverted to the original Zone District " 1 BB 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 Arcinfo Export files format type is e00 The preferred format for Images is of (Group 4) (Group 6 is not acceptable) 4 In accordancewith 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 penod 5 At the time of Final Plan submission' A 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 County staff and shall be aapproved by the Board of County Commissioners prior to rectording the final pl1 B All copies of the Final Plan application shall include a copy of the proposed addressing, as indicated in the referral dated June 21, 2005,1 from the Weld County Department of Building Inspection The applications shall also include an interior road name that follows the recommendations made in the same referral C The applicant has proposed a postal delivery unit at the entrance of the subdivision The applicant shall include evidence in the Final Plan application that the appropriate postal district has accepted the proposal D The applicant shall include evidence in the Final Plan application that the appropriate postal distract has reviewed the proposed addressing and interior street name 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 9 E This development will introduce additional vehicle trips to the roadway system This increased level of traffic on unpaved roads creates fugitive dust and surface maintenance problems The applicant shall indicate a plausible traffic route (to a paved roadway) for the residents of the subdivision with the Final Plan application The cost will be based on a proportion of the traffic generated by the development to the existing traffic The applicant may be required to submit a proposed agreement with the final plan application The applicant shall submit a proposed off -site agreement with the Final Plan F Weld County Road 86 is classified by the County as a local road (Weld County Roadway Classification Plan, June 2002) adjacent to the proposed development requinng a 60 -foot right-of-way. If the applicant is unable to verify the existing right-of-way on the Change of Zone plat, the road will be dedicated on the final plat G A pavement design, if required, shall be prepared by a professional engineer and must be submitted with the Final Plan materials H 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 I In the Final Plan application materials, the applicant shall include stamped, signed, and dated final plat drawings and roadway/construction and grading plan drawings for review and approval by the Department of Public Works J Stop signs and street name signs will be required at all intersections and shown as a Signing Plan on final roadway plans The current edition of the Manual on Uniform Traffic Control Devices (MUTCD) shall govern the Signing Plan K A Final Drainage Report stamped, signed, and dated by a professional engineer licensed in the Sate 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 the copy of the FEMA map L 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 lines swales shall be considered Building envelopes must be 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 10 planned to avoid stormwater flows, while taking into account adjacent drainage mitigation M 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) may be based on Urban Drainage methodology I N Easements shall be shown on the Final Plan plat in accordance with County standards (Section 24-7-60 of the Weld County Code) ; and/or Utilities Coordinating Advisory Committee recommendations O The applicant shall submit a construction detail for the proposed twenty-five (25) foot pedestrian/equestrian trail for review and approval The detail shall also show the location of the detention pond P The applicant shall submit Covenants for review and approval The Covenants shall address restriction of livestock to prevent the loss of vegetative cover The Covenants shall also address measures to prevent overgrazing of pasture, as no irrigation water is being proposed for the subdivision Finalized Covenants and the appropnate fee shall be submitted for recording with the final mylar plats. 6 Prior to recording the final plat A The applicant shall submit evidence to the Department of Planning Services that the required School District cash -in -lieu -of -land dedication fee has been paid B 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 C The applicant shall submit Certificates from the Secretary of State showing the Homeowners' Association has been formed and registered with the State I D The applicant shall submit a deed which transfers ownership of the open space to the Homeowners' Association I I E 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 i 2005-2658 PL1791 CHANGE OF ZONE #1066 FROM A (AGRICULTURAL) TO PUD - MIKAL TORGERSON PAGE 11 F The applicant shall submit a digital file of all drawings associated with the Final Plan application Acceptable CAD formats are dwg, dxf, and dgn (Microstation), acceptable GIS formats are shp (Shape Files), Arclnfo Coverages and Arcinfo Export files format type is e00 The preferred format for Images is of (Group 4) (Group 6 is not acceptable) The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of October, A D , 2005 Clerk to the Board off'( ty Cle to the Boa APP D AS TO ou A6omey Date of signature 14167/05 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO William H Je€, Chair ed�rR o Tern EXCUSED Dad E Long Robert D Masde 2005-2658 PL1791 Hello