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Home My WebLink About20220447.tiffRESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC22-0002, CONCERNING PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-622 - ESTATES AT HILL LAKE HOA, C/O STACY KISSAM 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, on the 7th day of February, 2022, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Estates at Hill Lake HOA, c/o Stacy Kissam, 18620 Hill Lake Drive, Johnstown, Colorado 80534, was in compliance with certain Conditions of Approval (plat notes) contained in Planned Unit Development Final Plan, PF-622, and WHEREAS, the department of Planning Services, Building Inspection, conducted an inspection and determined the detention pond constructed by Estates at Hill Lake HOA, was not built to match the approved stormwater management plan, which was required by Weld County Code Section 23-3-440.F, and reads, "Maximum Building Coverage without an approved Use by Special Review or without an approved and constructed stormwater management plan for the Subdivision that allows a specified coverage: 10%." WHEREAS, the alleged violations were said to be occurring on property being further described as follows: Open Space, The Estates at Hill Lake PUD; being part of the NW1/4 of Section 31, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, after hearing testimony from the Department of Planning Services, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code, there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not to grant an extension of time, for Estates at Hill Lake HOA, c/o Stacy Kissam, to comply with certain Conditions of Approval (plat notes) concerning Planned Unit Development Final Plan, PF-622, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to allow the HOA adequate time to get a stamped letter from a licensed, Professional Engineer, or build the outlet structure, to rectify the items of non-compliance concerning Planned Unit Development Final Plan, PF-622. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 15, 2022, at or about 9:00 a.m., in the Assembly Room of the Weld County Administration Building, 1150O Street, Greeley, Colorado 80631. C:PL(Tp/AS),CA(t3c3), APPL. 2022-0447 t-1/1l/Z2 PL1630 SET SHOW CAUSE, PCSC22-0002 - ESTATES AT HILL LAKE HOA, C/O STACY KISSAM (PF-622) PAGE 2 BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the development is in compliance with the following Condition of Approval (plat notes): A. The Planned Unit Development shall consist of nine (9) residential lots, along with 9.4 acres of open space, as indicated in the application materials on file in the Department of Planning Services. The lots will adhere to the uses allowed in the E (Estate) Zone District, except for the minimum lot size which will be one (1) acre. The PUD will be subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County Regulations. V. 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. Y. Failure to Comply with the PUD Final Plan — The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Sail notice shall include a demand that the deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen days of the issuance of such notice, setting forth the item, date and place of hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D., 2022. BOARD OF COUNTY COMMISSIONERS �,�,/ WEL COUNTY, COLORADO ATTEST: "� %� Sco K. James, Chair 2022-0447 PL1630 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue, Greeley, CO 80631 Email asnyder@co weld co us Phone (970) 400-3525 Fax (970) 304-6498 PROBABLE CAUSE MEMORANDUM PCSC22-0002 To Weld County Board of County Commissioners Hearing Date February 7, 2022 From Angela Snyder, Department of Planning Services Subject PF-622, The Estates at Hill Lake Planned Unit Development Owner The Estates at Hill Lake HOA Legal Description Open Space, The Estates at Hill Lake PUD, Weld County, CO Location East of and adjacent to County Rd 13, approximately 0 52 miles north of County Rd 38 Parcel Size +1-941 acres Parcel Number 105931201010 Zone District PUD (Planned Unit Development) Background The Department of Planning Services inspected the drainage system of The Estates at Hill Lake Planned Unit Development on December 8, 2021, as part of the zoning review of a building permit application to confirm that it had been constructed as approved The Inspection Report is attached The inspector found that, while the swale serving the northernmost two lots was in compliance with the approved drainage report and detention design, the detention pond serving southernmost seven lots was missing the outlet structure Last year, Ordinance 2021-15 changed the building coverage requirements for the E (Estate) Zone District, and therefore, also Planned Unit Developments that use the E Zone District allowed uses and regulations, including The Estates at Hill Lake Rather than a 4% coverage rule for accessory buildings only, now all structures are considered The E Zone District maximum building coverage without an approved Use by Special Review permit or without an approved and constructed stormwater management plan is now 10% per Section 23-3-440 of the Weld County Code A Use by Special Review permit is not an option within a Planned Unit Development The Estates at Hill Lake does have an approved stormwater management plan that included a detention basin, so the 10% building coverage can be exceeded, so long as the plan is constructed The Board of County Commissioners, in the Change of Zone, PZ-622, resolution dated September 25, 2002, required a final drainage report to be submitted with the administratively approved final plan as Condition of Approval #5, "At time of Final Plan submission G A Final Drainage Report stamped, signed, and dated by a professional engineer licensed in the State of Colorado, along with construction plans conforming to the DIrainage Report, shall be submitted with the Final Plat application The Final Drainage Report shall address all issues listed in the Weld County Department of Public Works referral dated August 12, 2002 " PCSC1 8-0022 Page 1 of 2 The drainage report and detention design were approved as part of the Planned Unit Development Final Plan, PF- 622, for the Estates at Hill Lake, recorded October 23, 2003, reception #3119791, even though the detention basin and outlet structure were not dimensioned on the final plat Approved report is on file with the Planning Department and an excerpt from the design is attached As the outlet structure has not been constructed, the subdivision does not have a constructed stormwater management plan, the 10% building coverage may not be exceeded and the subdivision is out of compliance with the original approval Violation The following Weld County Code section, listed under Section 27-8-70 A is not met Sec 27-8-70 A - Failure to comply with the PUD final plan The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD final plan Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof A hearing shall be held by the Board of County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified The following PUD Final Plan PF-622 conditions of approval (plat notes) are out of compliance A The Planned Unit Development will be subject to and governed by the conditions of approval stated hereon Y Failure to comply with the PUD Final Plan — The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD final plan Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof A hearing shall be held by the Board of County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified Notification The Estates at Hill Lake Homeowners Association was sent notification via certified mail on January 24, 2022 A copy of the notice was also sent to all residents of the PUD via regular mail A sign announcing the hearing was also posted on the property Recommendation The Department of Planning Services requests a determination that probable cause exists that the Estates at Hill Lake PUD is not incompliance with the final plan, per Section 27-8-70 of the Weld County Code As the residents of the subdivision have reached out to staff and are motivated to finish the detention design construction, staff recommends that a Show Cause hearing be scheduled between four and six months from the Probable Cause hearing to give time to remedy the situation January 24, 2022 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, COLORADO 80631 www co weld co us asnyder@co weld co us Office (970) 400-6100 Notice of Violation THE ESTATES AT HILL LAKE PUD HOA C/O STACY KISSAM 18620 HILL LAKE DR JOHNSTOWN, CO 80534 Subject PCSC22-0002 Zoning Violation Parcel # 105931201010 Ms Kissam The Weld County Department of Planning Services inspected the drainage system of The Estates at Hill Lake Planned Unit Development as part of the zoning review of a building permit application to confirm that it had been constructed as approved The inspector found that, while the swale serving the northernmost two lots was in compliance with the approved drainage report and detention design, the detention pond serving southernmost seven lots was missing the outlet structure The detention design was approved as part of the Planned Unit Development Final Plan, PF-622, for the Estates at Hill Lake, recorded October 23, 2003 At that time, the Department of Planning Services only inspected the final construction of detention ponds in response to drainage issues or complaints The following conditions of approval (plat notes) are out of compliance A The Planned Unit Development will be subject to and governed by the conditions of approval stated hereon V 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 Y Failure to Comply with the PUD Final Plan — The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan Sail notice shall include a demand that the deficiencies of maintenance be cured within thirty (30) days thereof A hearing shall be held by the Board within fifteen days of the issuance of such notice, setting forth the item, date and place of hearing The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified The parcels of the seven affected buildable lots will be locked until the detention pond complies with the approved detention design or the Board of County Commissioners provides different instruction No building permit, septic permit, or zoning permit can be applied for while locked If permits have been applied for, they will not be released *'" Sent certified and first class mail "* Page 2 Lots affected by the violation Lot 1 18619 Hill Lake Dr Lot 2 18623 Hill Lake Dr Lot 3 18627 Hill Lake Dr Lot 6 18628 Hill Lake Dr Lot 7 18624 Hill Lake Dr Lot 8 18620 Hill Lake Dr Lot 9 18616 Hill Lake Dr Lots unaffected by the violation Lot 4 18631 Hill Lake Dr Lot 5 18632 Hill Lake Dr In accordance with Plat Note #7, Weld County demands that the deficiencies of the detention pond be cured by February 26th, 2022, which is thirty (30) days of this notice, sent on January 24, 2022. The Board of County Commissioners will hold a Probable Cause Hearing, February 7, 2022 at 9 am, in the Hearing Room, 1150 O Street, Greeley, CO 80631, to consider setting a Show Cause Hearing to determine whether or not the subdivision is in compliance with certain Conditions of Approval contained in Planned Unit Development Final Plan, PF-622, The Estates at Hill Lake PUD. Should the detention pond be completed prior to the Show Cause Hearing, the hearing may be dismissed. Please contact Angela Snyder, 970-400-3525, with any questions. Sincerely, Tom Parko, Jr. Director of Planning Services FC* V . T CC' dim Date: Dec, 8 2021 RE: PF-0622, Construction Inspection Inspection Notes Inspection of detention and water quality outlet structure. Public Works Department 1 111 H Street, PO Box 758 Greeley, Colorado 80632 Website: www.co.weld.co.us Phone: (970) 304-6496 Fax: (970) 304-6497 Swales are present and definition of detention area is formed however there is NOT an outlet structure present at this time, also no silt fencing in place. Vegetation is established but if ground is to be disturbed for outlet structure and 24" CMP placement then silt fencing should be installed. Page l of 2 End inspection notes Page 2 of 2 ~1 IIIINIIIIIIIIVIIIINIIIIIIIIIIIINI II1IIII 001101 Mamm IpM Wvu 0..n 6 I 0 I d a ,'1110 0 1110 ]Yn Y.nw 2011 AxN,+' ,{ CERTIFICATE OF DEDICATION OWNERSHIP AND MAINTENANCE 6,,0 071 ml, by 0101. 001401111 01101 NNI0 FIlth 001 4nnN0er 01 0,01,61 I1. ea m Weld L0 my fd do :I,R1ea 0. 11,1.) 26 ,14.11, Lot U 66 601 ,2,2 R,10.0,0 Excmpbc NA 1059 -00 -0 -RE -26 11 s that. I, tn, N0.1hn,+t 116600« of S.61,n 11 TemsnIP A N— 911119. 67 90.0 of In. 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DETAIL 1-3 THE ESTATES AT HILL LAKE, FINAL PLAN PF 622 7 LOT B OF CORRECTED RECORDED EXEMPTION NO 1059-30 QUARTER OF 5ECTION 31 TOWNSHIP 4 NORTH RANGE G7 STATE OF COLORAD GENERAL NOTES 1 boa• of Bm eqN ID Emt In , [n 1Mo1 abler 11 S•e+m I].I f ", Iwl waN 6T M-1 m men+.d by u a —Y .6 lob °aoJz I <.i m 3 Otl 0t M6 w .et Am tl m, r v ert (ON<n 041 d e0eviae) ] 0 YOM1edNPLS 9644 ((Novi not« 77`11,4)2 ee ANm COP 2 01,71 Sn u, r,rm I c o sl .. snag: 21116 WCR 19 All r.n Celem6e 80543 SURVEYORS CERTIFICATE L St was ben Stm A 0 R +a<6 Pwt —W ,one Surwwr n Ne Slpu et Cawed. de 1e.my « ifs V14t Ne surwl rN 07740 py Nia pal .pa ma ntl mdy p< a a a p-1. ma 1., N Um o<nNY anal la . 11 0e spt el 0449, plSI I.8o,rla Iflppble ,to 491177 ma Pro rasim0l L4n6—yo, m (60090,, Mst ,to0g INIERPILL LAND `aYR)"C'47'41451 L C ex Sl.hn 1007 qq1 e'LS 30462 mt. It uM nN 60 JO � JO ��_ �SIMriv TYPICAL STREET CROSS-SECTION NOT TO SGUE (TO BE YERIDEU BY ccAmUCNON DOCUYENIS) I ♦R .7 xa�fy� A a n / DETAIL 1-2 DETAIL 1-1 fl 3 RE -2838 SITUATE IN THE NORTHWEST WEST OF THE GTH P M COUNTY OF WELD O PROPERTY DESCRIPTION I 60!6.410 061., of Saran 31 1441,00 ♦ 6,44 R. S. 67 W PN Can+y 419,14 SIn1. 0f 0010,60 SA.d 07714 041 0,,,, 21, a « ea. w ,. 4 4 la wbjal l9 m• 1. «6'm 11401 t .ap om ecw4 le EASEMENT NOTES I nla va ,hem nm m w UYlly 1 6 0 4F49e Ee --A u _61041 6•04114 2 —1• oar• a wain at 2000 fe t ] wpa 11<cumi� m MII', n 4 �rt .. IIG I- re�n ve I < AD 0,I Inn (1981211 to Rignt Cl Nay) e4»777716 na+. 0 •6U 2000 1 S 0,410 SA — se m*01,2 0 ua t4.44 11. ,. I. SPPOe Orenege 6 DkU - 0 0neq. e d Ulf tY E semen, 1 06UAa . 0 aneq< Ut9 ty ere $11111 01 E,,,.l l 6 Im . kllgetm El •m. 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J WI Indicates Edge of 0 10 30 ` y ° J J Y Proposed Asphalt 1 =10 Inv..4954.97- A/ a°u I —� °v\f I u c o FlMED END SECTION Sta. 0+00.00 Q OC Indicates Flowlirro of �e=ap_ ——la"aa— -j LB.W- — �a'7o-- — \ \ Inv. _ ♦993.55 S Existing 01-- Irrigation Ditch-, --10"fp- — ——la"ao-- C -1"v.+4984.00 I \ u / Existin 18' CMP 9 g s —p D g _ Irrigation Drain Existing 188 In istates Edge of CMp CuNarl -feislinq Mpnall . 1 Ni Ct —eaea _...---;-- a"aoa--1M oo. oa°•— nv 497893 (To be nmvvad-- _____ �Z Concrete lined / IrngpllOn Ditch FLARED END SECTION Sta. 0+70.00 — - — — --- — �- — �. �. _ Re laced / " )• �— -' n n Indicates Portion � P.aposetl 704 0l v. 4992.75 ��'�-� ^ c al to Re Diteh be Removed IB' CMP CWveN ° I T T T 9eTT �T �T�� • I �\ C W Ind.cotin Edge of - _/ W E L D C O U N T Y 1 z2� N T Y ROAD 13 Existing Asphalt I _ _ __ _— __ e r_, Nit e . W ° C WELO COUNTY _ ROAD 13 _ \ / W 51 •�� n diaalaa Edge of Existing Asphalt o Inv.e4978.8F, — ---___ -- - -----.--.----.1 _ _ _-_ IntlicHm Ed9a of r101MZ011TN_ 1' = 19' 1_I n.� 5(e'H a IIOLr ExiaC ng Asphalt I n PROPOSED 124 YFRIII'Y, t' . 1' 1 CLE1R rllgl SAE MP STORM RAIN r IIOL ♦ 7 T.' 0.C. TV?. AlAt FAPr WrC 4 7Z' [.d19O �a — _ PROP SED 8" C P CULVERT WJt p - i� Indicat 100-yr `.� M4966.O0 Amt of f'reebooN 04967.00 a-1 �- '� Y N.W.L. - a' C16a. 4907 — - _ 4 7 4 Irgka Pro Grou • radical s I kolas Pr Swipes NMlcoles Existing T ----__ Maxim m Haaaw 'tee - ... EN SArvLctun Outlet Ground unlace __ ___ spa.. I.l 1/4 RAT T iR 2P ii < y4m0 4996 Ele" 4996 4 ION flD .—.. rS-ul ^' V __.. 3/16 W _ .... J/1 J'. 1p• rUT •,� Mc imam ter Flrod End Cl)C 4995 EI 'on 4964 lion 44lj4 G- PITS RAT AI __ Flared Seelk A ---- loo-yr H.C. / - -I�.L..I (Oim= 4.4 a.Es) •'� 4994 _—_ 4 ♦ _-_ ___ w -49 Flared End-. .- prof 16' hear neE 'L' Rw RN 4. TNCx THE 0 MR DOCK 3 Se lion 4 SEETYPE I ORMIUL,w BtrC 'u 1ATERw1 w __...._. tcates ExiNinq Aott _ - _- _-- -- RIP RAP DETAIL _ - 000'of18CMP -1.147; -- — 65' of 24' MP O-0:3111 --_ — n ruTE:CRONT -__________ MP �.tDRM. Y.�.•!_IPIP �CIAIY. _� _-- _ �R1 C. CM -434-02 HEFT W+e ___. s' - 4990 4 OUTLETPROTECTIONDETAIL Of0+00 +50+5 N.1s II. Il I�I GE a1M rt APPROXIMATE BERM SECTION (TYPICAL) Not to Scale vindicates work to be performed in conjunction with Wok County project to reconstruct WCR 813 at the Great Western Railroad crossing between WCR #38 and WCR 840. Existing Concrete Irrigation Structure w/CMP Culvert - 50 200 a IC N%. 130 300 • In0 Exist Flowline of 1 =100 &iatiConcrete ng Conc Lined irrigation Channel-' // Access Rood Oar' In, omit elk / Exiriing Ii0• g" M / CUP Culvert Utility I t/ Evialing 15• ' / M �� CMP Culvert ' ... Inv.W=4996.26 Inv.E=4996.26 Existing 15' - - CMP Culvert Iny.W=4998.06 Inv.E-4996.46 roposed Landscape Berm indicates Flowline af Existing Irrigation Ditch_, II Indicates Existing Edge o' Asphclt-: _.� Proposed Straw Bale Inlet Filler Proposed 50't of 18• CUP Culvert w/flared End Sections Inv.18'M=4993.55 Inv, t BS=4992.]5 ^1 i o cd Lundscu0e Berm Existing Concrete Lined Irrigation Ditch "v Ncolly Indicates 'SRI Fence' Applcation SEE DETAIL - Proposed Outlet Structure Ism -4982.50 ng y // Existing 18• K� CMP Culvert / __- indicates flowline of Proposed Drainage Swats A -A 00.35% i s ,wry /TypicaDi Indicplic Straw �P / Bole 'Dike' Application SEE DETAIL —� F. I�s I to/4 b 9 of r VDrain rr Ind tales Flowline Nora Bottom of Pond -00.50% lndlcotn 180-yrNH W.L. .W.L. 04 600 osed 65't of 2N• CMP Sturm n w/Flared End Outlet -4992.09 • CUP IMgation Orain At Siphon ngneath Railroad Tricks /^Existinj 1B• CMP Culver( .— /y, Indicates Flowline al 'is / E*is ing Concrete -rn.r r.4nntinn rhnr i Exi.ang 15• I CUP Culve9 py 1 y / _ Iny,.4968.00 / -_- Indicates Flowli" of Proposed Drainage Swore B -B 0-0.20% typically Indicates Straw Bole 'Dike' Application SEE DETAIL Wi GMc nine A ru Iwrs v man LOT GRADING TYPE A TOP OF EXISTING ,,ROUNR—.,_ e'LES 37Mm within 2 5*YKES RR B &L POI! /. wona eE IeGeP R mUN Paerr e , x II.. 1 " SECTION A -A FLOW I I I I I • s s • • • a I A H I I PLAN VI[W , RMWF: ., ouPACTCO IMCIf1LL -11: PROFILE VIEW GEKR4l NOTES 1. It'. RLPFR. AV gP„ a Cr NECESSVII) THE RIPS FfTG Thai SRMY foil. T. ML e415 W151 9E PVVCE0 AFTER 12 Yentas VILLA WPRWN 6 dW TtD W nett FNf1NFEnNG }NyON FOR LONYP USE. STRAW BALE DIKE CHANNEL APPLICATION NOT TO SCAT EROSION CONTROL NOTES A As directed by the County's Construction Inspector, the Contractor shall provi4e all equipment. material and labor required to clean mud and debris backed onto the adjacent paved rnndwoy. B. The Contractor shall install "Straw Bole Dikes along the drainage awakes and •Straw Bole Filters at the upstream ends of proposed culverts and storm drains. These measures are to remain in place through the construction period as long as open earthen surfaces are present. C. The areas within the detention pond, road side drainage a wales and along the drainage moles that hove been disturbed by the construction activity shall be seeded and mulched as soar as their construction has completed. The seed shall be a 'Drylard Posture Nix complying to the following: 25% Intermediate wheatgross 15% Wikrye Dohurian 15% Crested wheotgross, Nordon 15% Perennial Ryegrass. Tetraplold 15% Smooth prome, Unroln I5% Crelled wheotgran, Hyciest The seed shall be applied at either of the following rain. 1. Drill seed X• t0 E 02200 lb./ac. PLS, Mulch with hot oi straw al 4000 lb./cc. crimped in place. 2. HyaroarOf 0 30 lbm ./ac. PLS and Hydroulch 0 2.00000 M. ac. D. AI lemporooryry and permanent erosion end sediment control proc(ices tall be maintained and repaired b the owner during construction phase as needed to assure continued performance of their intended function. AI focilitles Mall be inspected an a weekly basis and following each heovy precipitobon or snow melt event that results in runoff. In addition, should the approved erosion control plan not function as intended, and it Is determined by the County that additional measures are needed, the owner !hall provide additional measures to minimize soil erosion Ord sediment discharge from the Bile. FLOW DISPENSING INLET ___ALE A -A r- OUTLET STRUCTURE r — lA0' -0'50% —RIP RAP �•ssu•� I SEE DETAIL ... t. a1W . re.t5 cr.. amps = o.un TYPICAL SWALE SECTION_A-A TYPICAL POND PROFILE NOT TO SCALE MATCH EXISTING —_—_ EXISTING 1 GROUND t% I •Sa YN. staffam -? Os ML POPE 1 S® SOS' MIN.:-IP N t0' S .2.0a NN, !LOPE d e o LOT iC W a Y Iwer tQT GRADING TYPE TY� TYPICAL POND SECTION NOT TO SCALE ntP fA YMc Gast-� R1Zl(IBXK tLY POST Pf tO POST Ml wet I n0r1Xsnw MO 1 ,1v XY a L 'ra 10 a ]. ✓1Xe Ne Ire FN![�� tp sYrinL 1nINQ1( a nets r �W1W�T I p so r NO IRIM rrr YIEt ..,_ 4Ln t.011Y MM RYa.[ an tor• eel 01 M 4 YN ,' IM m •4 T n1m 11FWM0 ED 4.4 y 4 r..• y�4 tOYWn dis Mono w M . T Y'0 A rl,.wr °rlyl(p�_ V{71 or o,t. MR,i c 14}4M SIT FNC T Sew..... 1., I To milt 1LaPt W1 MI MrIR TMN eta'"IP YYaa „t rNIM A11VX It *Y1, N STRAW BALE INLET FILTER Nat TO SCALE O p cc 0 C yf IJ g o On C p ry 5 g C C v a N O � V t pI La U �i 1 p II 1.41 I j.Y•j. p < z S O U)U CNNM aw 1]1 c.l.w ROPE 0231 �U TYPICAL SWALE SECTION B-8OwO N 1.5 N1 �0 fW vol< L E c E NJ® —SDq _ Typically Indicates Existing 1--/ Ground Surface Contour F�r,11 5a1?_ Iypicolly indicates Proposed FI Finish Surface Contour Fn Typically Indicates Flowline �- ---4ado— of Ditch or Swore W Typically Indicates Silt Fence Tynicolly Indicate Straw Bole Filter or Dike Application art: ,I,Ig'[8. 20D3 SCALE. !il T Ically IndicatExisting OyrQ%D x Movement es Surface Elevation OMw4' S. IL. •n or Flow Line of Gutter CWW: yeV. Typically Indicate Proposed prey lye. +� Pavement Surface Elevation C,RO_N4-02 or Flow Line of Gutter SHEET Typically Indicates Drainage Row Direction 4 of 8 .% II h, \4$*7JTPP•lei. • . _ • tm% I I Iia � s n� �I ) • • . )` �, �i • • • • , q , r /� • _ • DRAINAGE SUMMARY EXISTING CONDITIONS: Sub -Basin Area Imper. W (acres) (%) c.f.s.) c.fs.) 'A' 12.55 5.00 2.13 12.13 'B' 8.40 4.00 1.63 9.55 'C' 0.63 2.00 0.21 1.33 Sum: 21.58 Sum: 8A7 23.01 PROPOSED CONDITIONS: Sub -Basin Area Imper. Q5 Q+oo (acres) (%) (c.f.s.) c.f.s. 'A' 12.55 22.00 3.48 14.36 'B' 8.40 12.00 2.03 9.85 'C' 0.63 2.00 0.21 1.33 Sum: 21.58 Sum: 5.72 25.64 CONCLUSION: SUB -BASIN 'A': The majority of development is to occur in Sub -Basin A', resulting in an increase in Imperviousness and subsequent peak runoff rate increases. However, the use of detention will allow no greater than the historic 5 -year peak runoff rate of 2.13 c.f.s. to be released downstream to the existing 18" CMP located at the intersection of County Road 13 and the Great Western Railroad Tracks. The capacity o this culvert was computed to be 7.38 c.f.s., (see Page 27 of the Drainage Calculations), therefore, the existing culvert will adequately pass the maximum release rate from the detention pond of 2.13 c.f.s. SUB -BASIN B: A portion of Sub -Basin 8' will be affected by the development. The imperviousness will increase by 8% and the 5 -year peak runoff rate will increase by 0.40 c.f.s., while the 100 -year peak runoff rate will increase by 0.30 c.f.s. These slight increases will be neligiabie to downstream facilities and unnoticable during the minor and major storm events. SUB-BASIN'C': No development is to occur in Sub -Basin 'C'. It will retain all existing drainage characteristics and will not have any increases in peak runoff rates. PUD FINAL PLAT ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-622 PLANNER: S. Lockman APPLICANT: Shultz Farm, Inc. c/o Steve Shultz ADDRESS: 21475 WCR 19, Milliken, CO 80543 REQUEST: The Estates at Hill Lake Planned Unit Development Final Plan for nine (9) residential lots with Estate Zone Uses along with 9.4 acres of open space LEGAL DESCRIPTION: Lot B RE -2838, being Pt. NW4 Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 13; % mile north of County Road 38 ACRES: 20+/- PARCEL #: 1059 31 000036 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40. C. 1 --That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code. 1) Section 22-2-190.D.2.b, PUD. Policy 4.2 "A planned unit development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation...." The application indicated 9.4 acres of open space surrounding the lots. The application indicates that the open space will serve as a buffer for the residential lots from the adjacent properties. The open space will also be used by the residents of the PUD as open space. 2) The application proposes non -urban scale development as defined by Section 27-2-140 of the Weld County Code. Section 27-2-140 defines non -urban scale development as "...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.S. 1, P. Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by Little Thompson Water District for potable water and fire protection requirements. Individual sewage disposal systems will handle the effluent flow. 4) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. %1L PF-622, Estates at Hill Lake PUD 1 B. Section 27-7-40. C.2 —That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article 11, Chapter 27 of the Weld County Code. 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 applicants have submitted an Improvements Agreement According 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 prior to recording the final plat. C. Section 27-7-40.C.3 —That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter -Governmental Agreement. The Town of Mead objects to The Estates at Hill Lake being approved as an unincorporated subdivision and have requested that the applicants annex into the town. The Towns of Johnstown, Berthoud and Milliken indicated no conflicts with their interests. D. Section 27-7-40. C.4 --That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article 11, Chapter 27 of the Weld County Code. The Weld County Department of Public Health and Environment has indicated that the proposal does meet current Health Department policy and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department has indicated that the applicant must coordinate work in the right-of-way with the County's railroad crossing project. Various concerns such as grades, drainage, and sight distance will need to be orchestrated between the County's railroad crossing project and the Estates at Hill Lake. F. Section 27-7-40. C. 6— In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. The applicants have 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 prior to recording the final plat. G. Section 27-7-40. C.7 — That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. 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. H. Section 27 -7 -40.C.8 --If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. PF-622, Estates at Hill Lake PUD 2 The Department of Planning Services' approval is conditional upon the following: 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). This agreement shall be approved by the Board of County Commissioners. (Department of Public Works) B. The applicant shall submit the appropriate fee (currently $6 per page) for recording the Restrictive Covenants for The Estates at Hill Lake PUD in the Office of the Clerk and Recorder. (Department of Planning Services) C. The applicant shall submit evidence that all concerns regarding the 20 foot irrigation easement bisecting the property roughly along the lot lines between Lots 3 and 4 and Lots 5 and 6 have been resolved to the satisfaction of the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) D. 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 .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) E. The applicant has submitted a plan for the entrance sign. The sign is noted as being eight feet six inches (8'-6") by four feet two inch (4'-2"). In accordance to section 23-4-80.A.3, the maximum size for the sign shall be thirty-two (32) square feet. (Department of Planning Services) F. The Public Works Departmentwill not require the applicant to provide roadside ditches or contain the roadside drainage within the right-of-way; however, the applicant and engineer shall document specific improvements to handle roadside drainage and the development drainage on the Final Plat (with drawing(s) and note(s)) including the Final Drainage Report (to be included in the discussion). By doing so, the lots and future property owners shall be insured that home structures shall not be inundated with storm water up to and including the 100 -year storm by the applicant. Evidence of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) G. The Plat shall be amended to include the following: 1) All plats shall be labeled: The Estates at Hill Lakes PUD, Final Plan, PF-622 (Department of Planning Services) 2) A utility service statement block as indicated by Section 27-9-40.8 of the Weld County Code with all appropriate signatures. (Department of Planning Services) 3) A note indicating that the 20 foot irrigation easement bisecting the property roughly along the lot lines between Lots 3 and 4 and Lots 5 and 6 is a below -ground, piped irrigation ditch or a new arrangement for the absorption fields and irrigation ditches as approved by the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) 4) Utility and drainage easements shall be extended from Lot 9 and Lot 1 to County Road 13 adjacent to Hill Lake Drive. (Utility Advisory Committee) 5) The utility and drainage easement shall be removed from the open space/landscape area PF-622, Estates at Hill Lake PUD 3 directly west of Lot 1 and Lot 9. The twenty foot (20') easement on the west side of Lot 1 and Lot 9 shall extend to the fifteen foot (15') easement in the open space. (Utility Advisory Committee) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: - A. The Planned Unit Development shall consist of nine (9) residential lots along with 9.4 acres of open space as indicated in the application materials on file in the Department of Planning Services. The lots will adhere to the uses allowed in the E (Estate) Zone District except for minimum lot size which will be one (1) acre. The PUD will be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. Water service shall be obtained from the Little Thompson Water District. (Department of Public Health and Environment) C. 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. Septic systems shall be designed for site -specific conditions, including but not limited to, poor percolation rates, shallow groundwater, bedrock, gravel and/or clay soils. (Department of Public Health and Environment) D. Preservation and/or protection of the absorption field envelopes shall require that permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) E. If required, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) F. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) G. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) H. If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) I. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) PF-622, Estates at Hill Lake PUD 4 J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) K. No animal units will be allowed on the open space. (Department of Planning Services) L. Oil and gas facilities within the subdivision must be fenced to avoid tampering. (Sheriffs Office) M. All signs including entrance signs shall require building permits. Signs shall adhere to Section 23- 4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) N. Building permits shall be obtained prior to the construction of any building or structure. (Department of Building Inspection) O. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) P. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes Include the 1997 Uniform Building Code, 1998 International Mechanical Code, 1997 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Q. Each building will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) R. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. (For residential occupancies, walls shall be protected with one -hour fire resistive construction within three feet of property lines and openings are not permitted within three feet of property lines) Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) S. Building height shall be measured in accordance with the 1997 Uniform 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 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) U. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld. County Code. (Department of Planning Services) V. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) PF-622, Estates at Hill Lake PUD 5 W. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) X. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. Y. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. Z. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. 3. Upon completion of I and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld 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 Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) 5. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan; By Date September 2, 2003 Sheri Lockman •3 Planner II PF-622, Estates at Hill Lake PUD 6 RESOLUTION RE' GRANT CHANGE OF ZONE #622 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS WITH E (ESTATE) ZONE USES, ALONG WITH 9.4 ACRES OF OPEN SPACE - SHULTZ FARM, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 25th day of September, 2002, at 10 00 a m for the purpose of hearing the application of Shultz Farm, Inc , do Steven Shultz, 21475 Weld County Road 19, Milliken, Colorado 80543, 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 9 4 acres of open space, for a parcel of land located on the following described real estate, to -wit Lot B of Recorded Exemption #2838; being part of the NW1/4 of Section 31, Township 4 North, Range 67 West of the 6th P M , Weld County, Colorado WHEREAS, the applicant was represented by Todd Hodges Design, LLC, 2412 Denby (Court, Fort Collins, Colorado 80526, 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 proposed site is not influenced by an Intergovernmental Agreement The proposal is consistent with the aforementioned documents as follows 1) Section 22-2-190 D 2 b (PUD Policy 4 2) states, "A planned unit development, which includes a residential use, should provide 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 2 common open space free of buildings, streets, driveways or parking areas The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation " The application indicated 94 acres of open space surrounding the lots, which will serve as a buffer for the residential lots from the adjacent properties The open space will also be used by the residents of the Planned Unit Development as open space The application did not indicate an irrigation source for the open space. In an E-mail, dated August 15, 2002, the applicant's representative has indicated that watering and maintenance of the proposed trees in the open space will be with a tank truck to ensure that the trees become established 2) Section 22-3-50 B 1 (P Goal 2) states, "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County " The proposed Planned Unit Development will be serviced by the Little Thompson Water District for potable water and fire protection requirements Individual sewage disposal systems will handle the effluent flow b Section 27-6-120 D 5 b -- The uses which will be allowed in the proposed Planned Unit Development will conform with the Performance Standards of the Planned Unit Development Zone Distract contained in Chapter 27, Article II, of the Weld County Code Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District, except for minimum lot size which will be one (1) acre Section 27-2-80, Design standards — The Weld County Department of Public Works is requiring a Final Drainage Plan which adequately addresses all issues associated with the proposal Further, the applicant must contact Great Western Railroad to ensure release of water onto railroad right-of-way is approved by Great Western The applicant has met the remaining Performance Standards as delineated in Section 27-2-10 The Conditions of Approval ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code c Section 27-6-120 D 5 c -- The uses which will be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities The proposed site is not influenced by an Intergovernmental Agreement The Town of Mead stated that the proposal is within the area that the Town wishes to eventually be within 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 3 their boundary The Towns of Johnstown and Milliken indicated no conflicts with their interests The Town of Berthoud did not respond to the referral request d Section 27-6-120 D 5 d -- The Planned Unit Development Zone Distract will be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article lithe Weld County Code The proposed Planned Unit Development will be serviced by Little Thompson Water District for potable water and fire protection requirements The Weld County Attorney's Office has indicated that the applicant has shown adequate water service in the form of an agreement for water main extension and a construction contract with Gopher Excavating Individual sewage disposal systems will handle the effluent flow The Weld County Department of Public Health and Environment has indicated in a referral response dated August 9, 2002, that the application has satisfied Chapter 27 of the Weld County Code in regard to sewer service 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 Planned Unit Development Zone District The Weld County Department pf Public Works has reviewed the proposal and has determined that the internal road right-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 roadway section of the interior roadway shall be shown as two 12 -foot paved lanes with 4 -foot gravel shoulders on the final plat The cul-de-sac edge of pavement radius shall be fifty (50) feet f Section 27-6-120 D 51-- The Weld County Public Works Department and Department of Planning Services will require an Improvements Agreement in accordance with Section 27-6-120 B 6 f of the Weld County Code for improvements to The Estates at Hill Lake Planned Unit Development and all on -site improvements 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 Weld County Department of Public Works stated that a Final Drainage Report, and construction plans conforming to the drainage report, shall be approved prior to recording Final Plat 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 Distnct, as described previously The applicant is requesting that the Final Plan be administratively reviewed The Department of Planning Services is in agreement with this request 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Shultz Farm, Inc , c/o Steven Shultz, for a Change of Zone from A (Agricultural) 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 Prior to recording the Change of Zone plat A The applicant shall meet with the Town of Mead as requested in a referral response, dated July 26, 2002 B The applicant shall address the concerns of the Weld County Sheriffs Office, as stated in a memo dated July 12, 2002, and incorporate remedies for these concerns Written evidence of a solution shall be provided to the Department of Planning Services C The applicant shall provide a confirmation letter from the Great Western Railroad verifying railroad right-of-way The letter shall also indicate Great Western's approval of the applicant's proposal to release storm water into the railroad right-of-way This letter shall be submitted prior to recording the Change of Zone plat D The applicant shall submit evidence that the Johnstown Fire Protection District has approved the turning radius for the emergency access E The plat shall be amended as follows 1) The Change of Zone plat sheets shall be renumbered in successive order with sheet total given 2) The applicant shall show and label all existing irrigation systems for this development on the Change of Zone plat 3) The applicant shall show the revised septic envelopes as approved by the Weld County Department of Public Health and Environment 4) The applicant shall show on the Change of Zone plat a typical roadway section meeting Planned Unit Development criteria Evidence of approval by the Weld County Department of Public Works shall be submitted to the Weld County Department of Planning Services 5) A 30 -foot maintenance easement, measured from the top edge of the ditch, must be preserved for the Farmers Extension Ditch It is unclear from the plat if the easement shown is measured from the top edge of the ditch Show this on the Change of Zone plat 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 5 6) All landscaping within sight distance triangles -must be less than three (3) feet in height at maturity and noted on the Change of Zone plat Entry signage must be outside the sight distance triangles 7) The Change of Zone plat shall indicate the two fire hydrants approved by the Johnstown Fire Protection District 8) The plat shall show the approved radius for the emergency access 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 #622 is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots along with 9 4 acres of open space as indicated in the application materials on file The Planned Unit Development will adhere to the uses allowed in the E (Estate) Zone District except for minimum lot size which will be one (1) acre The Planned Unit Development will be subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations B Water service shall be obtained from the Little Thompson Water District C 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 Septic systems shall be designed for site -specific conditions including, but not limited to, poor percolation rates, shallow groundwater, bedrock, gravel, and/or clay soils D Preservation and/or protection of the absorption field envelopes shall require that permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site E If required, the applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project F During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created If dust emissions create - nuisance conditions, at the request of the Weld County Health Department, a Fugitive Dust Control Plan must be submitted 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 6 G In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions H 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 (APEN), and apply for a permit from the Colorado Department of Public Health and Environment A Homeowners' Association shall be established prior to the sale of any lot Membership in the Association is mandatory for each parcel owner The Association is responsible for liability insurance, taxes, and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. J Weld County's Right to Farm as delineated on this plat shall be recognized at all times K No animal units will be allowed on the open space L Oil and gas facilities within the subdivision must be fenced to avoid tampering M All signs, including entrance signs, shall require building permits Signs shall adhere to Section 23-4-80 of the Weld County Code These requirements shall apply to all temporary and permanent signs N Building Permits shall be obtained prior to the construction of any building or structure O A Plan Review is required for each building Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit P. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application Current adopted codes include the 1997 Uniform Building Code (UBC), 1998 International Mechanical Code (IMC), 1997 International Plumbing Code (IPC), 1999 National Electrical Code (NEC), and Chapter 29 of the Weld County Code Q Each building will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 7 R Building height shall be limited to the maximum height allowed per UBC Table 5-B Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. (For residential occupancies, walls shall be protected with one -hour fire resistive construction within three feet of property lines and openings are not permitted within three feet of property lines ) Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3 Setback and offset distances shall be determined by the Chapter 23 of the Weld County Code S Building height shall be measured in accordance with the 1997 UBC 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 27 of the Weld County Code Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements Offset and setback requirements are measured to the farthest projection from the building T The roadside drainage shall be contained within the right-of-way U Installation of utilities shall comply with Section 24-9-10 of the Weld County Code V The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code W. Personnel from the Weld County Departments of Public Health and Environment, Planning Services, and Public Works 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 X 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 Y No development activity shall commence, nor shall any building permits be issued on the property, until the Final Plan has been approved and recorded Z The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within two (2) 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 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 8 present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District AA. The Planned Unit Development Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code 4 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) 5 At the time of Final Plan submission A. The applicant shall verify the existing 30 -foot roadway nght-of-way, and the documents creating the right-of-way noted on the Final Plat If the right-of-way cannot be venfied, it will be dedicated on the Final Plat B. The additional 40 -foot of right-of-way shown on the Change of Zone Plat shall be dedicated If the right-of-way cannot be venfied, it will be dedicated on the Final Plat C Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the Final Plat D. The applicant shall provide a pavement design prepared by a professional engineer along with the Final Plat submittal E The applicant shall submit Roadway and Grading Plans along with details with the final plat application Stop signs and street name signs will be required at all intersections and shall be indicated on the final roadway plans 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 9 F The applicant shall submit an On -site (Pnvate) Improvements Agreement with the Final Plat application that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code G A Final Drainage Report stamped, signed, and dated by a professional engineer licensed in the State of Colorado, along with construction plans conforming to the Drainage Report, shall be submitted with the Final Plat application The Final Drainage Report shall address all issues listed in the Weld County Department of Public Works referral dated August 12, 2002 H The applicant shall submit a final Landscape Plan which addresses the following 1) The applicant shall provide additional information pertaining to the selection of plant matenal near the tank battery complex and methods of mitigation for snow 2) The applicant shall identify type of road surface for the emergency access 3) The applicant shall provide additional information pertaining to plant matenal mix of the proposed native grasses, the method of installation, and the management practices to be implemented such that noxious weeds are not prevalent within this development. 4) The applicant shall provide additional information pertaining to the location of the evergreen plants adjacent to the railroad in relationship to the drainage swale 5) The applicant shall provide additional information pertaining to the entry sign and plant materials, including common, botanical and species names, size at installation, and any additional information deemed necessary by Landscape Designer 6) The applicant shall provide additional information pertaining to the watering and maintenance of the proposed trees in the open space The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the Weld County Code 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 10 The applicant shall submit development Covenants for The Estates at Hill Lake Planned Unit Development 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 K The applicant shall submit evidence to the Weld County Department of Planning Services with the Final Plan application that all proposed street names and lot addresses have been submitted to the Mountain View Fire Protection District, the Weld County Sheriffs Office, the Weld County Paramedic Services, and the applicable Post Office for review L The Final Plat shall include a common mail/bus pick-up area along the interior roadway, or as agreed upon by the School Distract Evidence shall be provided to Weld County Department of Planning Services from the applicable Post Office stating that this location meets their design standards and delivery requirements Should a single pedestal mail box not be the preferred standard, written evidence from the applicable Post Office shall be provided stating the contrary M The applicant shall contact Thompson School District RE -5J to finalize a bus pick-up location, shelter, and an agreement for payment of cash -in -lieu of land dedication Written evidence of compliance with all of the School District's standards and requirements shall be submitted to the Department of Planning Services prior to recording the Final Plat N At the time of recording, the applicant shall submit a digital file of all drawings associated with the Final Plan application Acceptable CAD formats are dwg, dxf, and dgn (Microstation), acceptable GIS formats are shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is e00 The preferred format for Images is of (Group 4) (Group 6 is not acceptable) 6 Prior to the release of any building permits. A Complete plans for the site shall be submitted for review by the Johnstown Fire Protection District 7 Prior to construction. A The applicant shall coordinate work in the right-of-way with the County's railroad crossing project Various concerns such as grades, drainage, and sight distance will need to be orchestrated between these two projects 2002-2490 PL1630 CHANGE OF ZONE #622 FROM A (AGRICULTURAL) TO PUD - SHULTZ FARM, INC PAGE 11 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of September, A D , 2002. BOARD OF COUNTY COMMISSIONERS ATTEST. WELD COON , COLORADO -�A *I b �11.,� Glenn Vaa , Weld County Clerk to EXCUSED David E Lo Pro -Tern BY Deputy Clerk to the Bo M J �eile JAPED AS TOy A ome l0 Date of signature i q EXCUSED Iliam H. Jerk Robert D Masden 2002-2490 PL1630 Hello