HomeMy WebLinkAbout20220488.tiffRESOLUTION
RE: GRANT AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF21-0002, OF
CORRECTED LAKOTA LAKES (PF-594) TO ALLOW ONE (1) SECOND SINGLE
FAMILY DWELLING UNIT PER LOT IN THE PUD - LANDOWNERS OF LAKOTA
LAKES RANCH PUD
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 16th day of February, 2022, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Landowners of Lakota
Lakes Ranch PUD, Attn: Tanner Schwartz (Lot 5), 7152 Lakota Lakes Road, Johnstown,
Colorado 80534, requesting an Amended Planned Unit Development Final Plan, PUDF21-0002,
of Corrected Lakota Lakes (PF-594) to allow one (1) Second Single Family Dwelling Unit per lot
in the PUD, for a parcel of land located on the following described real estate, to -wit:
All Lots in Lakota Lakes Ranch PUD CORR; being
part of Section 29, Township 5 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Tanner Schwartz,
7152 Lakota Lakes Road, Johnstown, Colorado 80534, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld
County Planning Commission, and, having been fully informed, finds that this request shall be
approved for the following reasons:
The applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-7-40.D as follows:
A. Section 27-7-40.D.1 — The proposal is consistent with Chapter 19
[Coordinated Planning Agreements], Chapter 22 [Comprehensive Plan],
Chapter 23 [Zoning], Chapter 24 [Subdivisions] and Chapter 26 [Regional
Urbanization Areas] of the Weld County Code.
1) Section 22-2-30.D.2 of the Weld County Code states: "Establish
residential development options based on compatibility, proximity
to municipalities, and availability of services that reflect the desired
density and character of that location." The proposed amendment
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Carly Koppeele,, Clark and Recorder, Weld County , CO 5/322
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is located in an existing seven (7) -lot Planned Unit Development
(PUD).
This PUD is adjacent to Heritage Crossing Ranch PUD directly to
the south. The proposed amendment will allow one (1) Second
Single Family Dwelling Unit on each of the seven (7) residential lots,
which is in character with the surrounding area.
B. Section 27-7-40.D.2 — The uses which will be allowed in the proposed PUD
will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code. The proposed
amended PUD conforms with the Performance Standards as outlined in
Chapter 27, Article II, Section 27-2-20 through Section 27-2-220 of the
Weld County Code.
C. Section 27-7-40.D.3 — 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 PUD is located within the three (3) mile referral
area of the Towns of Windsor, Johnstown and Milliken, the City of Greeley,
and Larimer County. The Towns of Johnstown and Windsor, City of
Greeley, and Larimer County each indicated no concerns in their referral
agency responses, dated September 7, 2021, September 3, 2021,
September 17, 2021, and September 10, 2021, respectively. No referral
response has been received from the Town of Milliken. The PUD is located
within the Coordinated Planning Agreement (CPA) boundary for the Towns
of Windsor, Johnstown, and Milliken. As part of the pre -application process
for the Change of Zone (PUDZ) the municipalities were sent a Notice of
Inquiry (NOI) form. The Towns of Windsor, Johnstown, and Milliken
submitted a signed NOI form. All the NOls are dated August 17, 2020, and
the NOIs state the municipalities have no interest in annexing this
subdivision. The Weld County Department of Planning Services sent notice
to 17 surrounding property owners within 500 feet of the PUD. One (1)
phone call was received asking if a new water tap would be required for
each new second dwelling unit. The Little Thompson Water District stated
the primary and secondary dwelling could be served from a single tap. Per
the referral dated September 27, 2021, the Little Thompson Water District
(the District) stated, "The District allows service to accessory dwellings from
a single, standard residential tap and the District's guideline is a size limit
of 1, 000 square feet for such accessory structures. "
D. Section 27-7-40.D.4 — The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, the Weld County Code.
Water is provided by the Little Thompson Water District. Sewer will be
provided by individual On -site Wastewater Treatment Systems (OWTS).
The OWTS will provide sewer for the second residences. OWTS Permits
for Lots one (1) through seven (7) indicate engineer designs may be
required due to soil types. The groundwater level may require some
systems to be installed at a shallow level. Based on the information
contained in these permits the lots should accommodate proposed second
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Carly Kopp*., Clark and Recorder, Weld County , Co
1111 11111 PL1677
AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 3
residences served by OWTS. The following section of the Weld County
Code requires a new OWTS Permit and separate OWTS for the second
residence, unless the original OWTS was sized for multiple connections.
1) Section 30-4-140 - General prohibitions. A person must not connect
more than one (1) dwelling, commercial, business, institutional or
industrial unit to the same OWTS unless such multiple connection
was specified in the application submitted and, in the permit, issued
for the system. Per referral agency comments received on
September 27, 2021, the Little Thompson Water District stated they
allow service to accessory dwellings from a single, standard
residential tap and the District's guideline is a size limit of 1,000
square feet for such accessory structures. The District's intent is to
serve utility based accessory structures or a "mother-in-law"
apartment, which is ostensibly intended for occupancy by a family
member. Should the habitable accessory dwelling or the primary
residence become a long-term rental property to the same tenant,
or either structure becomes located on a separate parcel through
the property subdividing process, a separate tap will be required.
The District evaluates the request for water service to proposed
accessory dwelling through the commitment letter process on a
case -by -case basis. A commitment request is required to be
submitted to the District for each proposed accessory dwelling. The
District will then evaluate the proposed accessory dwelling and the
projected water use. A commitment letter with all requirements and
provisions for water service will then be issued. The District will not
grant approval for accessory dwellings for the Lakota Lakes
subdivision as a whole. The District will evaluate each property
separately.
E. Section 27-7-40.D.5 — The 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. Most of the residential lots in the PUD utilize the internal
roadway: Lakota Lakes Road. This road is paved and is privately
maintained. Lot one (1) has a separate access onto County Road 54.
F. Section 27-7-40.D.6 — An Off -site Road Improvements Agreement and an
On -site Improvements Agreement proposal is in compliance with
Chapter 24 of the Weld County Code, as amended, and a Road
Improvements Agreement is complete and has been submitted. There is
an existing Improvements Agreement for the PUD, Reception Number
3308596, dated August 2, 2005, for access onto County Road 54. The
collateral was released per Resolution #2014-0876.
G. Section 27-7-40.D.7 — There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
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Carly Koppes, Clark and R1 corderr, Weld County , CO PL1677
1111 l�1s IM, "WINS AC lo"RID AV 19 011A 11111
AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 4
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
H. Section 27-7-40.D.8 —The PUD Final Plan uses are compatible and
conform with the criteria listed in the Conceptual Developmental Guide
included in the application materials.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Landowners of Lakota Lakes Ranch PUD for an
Amended Planned Unit Development Final Plan, PUDF21-0002, of Corrected Lakota Lakes
(PF-594) to allow one (1) Second Single Family Dwelling Unit per lot in the PUD, on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
Prior to recording the plat:
A. The applicant shall submit updated copies of the Lakota Lakes Declaration
of Covenants, Conditions and Restrictions for review by the Weld County
Attorney's Office. Upon approval, the applicant shall submit the Declaration
and the appropriate recording fee ($13.00 for the first page and $5.00 for
each additional page) to the Department of Planning Services for recording.
B. The applicant shall attempt to address the requirements of the Front Range
Fire Rescue, as stated in the referral response dated September 15, 2021.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDF21-0002.
2) The PUD Final Plan plat shall be prepared in accordance with
Section 27-9-20 of the Weld County Code.
3) The applicant shall show and label all recorded easements, ditches
and rights -of -way on the map, by book and page number, or
reception number as detailed on PF-594.
4) County Road 54 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as an arterial road, which requires 140 feet of right-of-way. The
applicant shall delineate the future and existing right-of-way (along
with the documents creating the right-of-way) and the physical
location of the road on the plan. If the right-of-way cannot be verified
it shall be dedicated or reserved per Weld County Code. Pursuant
to the definition of setback in the Weld County Code Section
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Carly Koppes, Clerk and Recorder, Weld County , CO PL1677
mill IF111111ARY �'I'i7iCCh4�'�� k A�K11I J�tiN U �tiI 11111
AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 5
23-1-90, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be
centered in the right-of-way. This road is maintained by Weld
County.
5) The Planned Unit Development has an internal paved road, Lakota
Lakes Road, with 60 feet of platted right-of-way that has been
dedicated to Weld County. This road is privately maintained. The
applicant shall delineate the existing right-of-way (along with the
documents creating and dedicating the right-of-way) and the
physical location of the road on the plan. Pursuant to the definition
of setback in the Weld County Code Section 23-1-90, the required
setback is measured from the future right-of-way line.
6) The applicant shall show and label the existing permitted access
point (AP14-00094) and the usage type (e.g. Residential).
E. The Amended PUD is conditional upon the following and that each shall be
placed on the Amended PUD plat as notes prior to recording:
1) The Amended Final Plan for Lakota Lakes Ranch, PUD allows for
E (Estate) Zone uses on Lots 1 through 7, except four (4) animal
units will be allowed per lot, one (1) Second Single Family Dwelling
Unit will be allowed per lot, and A (Agricultural Zone) uses will be
allowed on Outlots B, C, and D, except no residential structures
shall be allowed. No animal units shall be allowed on Outlots B
and C. Outlot D shall be allowed 17 animal units, as indicated in the
application materials on file in the Department of Planning Services
and subject and governed by the Conditions of Approval stated
hereon and all applicable Weld County Regulations.
2) The purpose of this Amended Final Plan of Lakota Lakes Ranch,
PUD, PUDF21-0002 (formerly known as PF-594), adopts the
changes permitted under PUDZ21-0001, to allow one (1) Second
Single -Family Dwelling Unit per residential lot (Lots 1 through 7).
3) Lot 7 shall have a setback of 189 feet from any tank battery.
4) Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
5) A Homeowner's Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
owner. The Association is responsible for liability insurance, taxes
and maintenance of open space, streets, private utilities and other
facilities. Open space restrictions are permanent.
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Carly Koppel, Clerk and Recorder, Weld County , CO
Bill !''NT TTIAYoh 11111
2022-0488
PL1677
AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 6
6) All development shall adhere to the requirements of the Front
Range Fire Rescue.
7) Water service may be obtained from the Little Thompson Water
District.
8) The parcels are currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater
Treatment Systems (OWTS), 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.
9) Activity or use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
10) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
11) Weld County will not replace overlapping easements located within
the existing right-of-way or pay to relocate existing utilities within
the existing County right-of-way.
12) Lakota Lakes Road shall be maintained to mitigate any impacts to
County Road 54, including damages and/or off -site tracking.
13) Any work that may occupy and/or encroach upon any County rights -
of -way or easement shall require an approved Right -of -Way Use
Permit prior to commencement.
14) The historical flow patterns and runoff amounts will be maintained
on the site.
15) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway, as
delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1495F and 1681 F, dated
September 17, 2020 (Big Thompson River). Any development
shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts
59, 60, and 65. The FEMA definition of development is any man -
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Carly Koppa:, Clark and R, corder, Weld County , CO PL1677
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AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 7
made change to improved or unimproved real estate, including by
not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of
equipment and materials.
16) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
17) The installation of any septic system within the 1 00 -year floodplain
shall comply with the Weld County OWTS floodplain policy. In
accordance with the State of Colorado OWTS Regulations, no
septic system shall be installed within the floodway.
18) All landscaping within the sight distance triangles must be less than
three and one-half (3.5) feet in height at maturity.
19) Stop signs and street name signs will be required at all
intersections.
20) All signs, including entrance signs, shall require Building Permits.
Signs shall adhere to Chapter 23, Article IV, Division 2 and
Chapter 27, Article VI, Section 27-6-90 of the Weld County Code.
These requirements shall apply to all temporary and permanent
signs.
21) Installation of utilities shall comply with Chapter 24, Article III, of the
Weld County Code.
22) The Weld County Department of Public Works shall be notified prior
to placing utilities in the road rights -of -way to determine if permits
will be required.
23) Basements will not be permitted within any structure.
24) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact,
County Facility and Drainage Impact Fee Programs.
25) A separate Building Permit shall be obtained prior to the
construction of any building.
26) A Plan review is required for each building. Plans shall bear the wet
stamp of a Colorado registered architect or engineer. Two (2)
complete sets of plans are required when applying for each permit.
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Carly �IKoppes,p'Clerk and Recorder, Weld` County ,uCJO W''�
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AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 8
27) Building Permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following have been adopted by Weld
County: 2018 International Building Codes, 2018 International
Energy Code, and 2020 National Electrical Code. A Building Permit
application must be completed and two (2) complete sets of
engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado registered engineer,
shall be required or an Open Hole Inspection.
28) 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.
29) Fire resistance of walls and opening, 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.
30) Building height shall be measured in accordance with the 2018
International Building Code for the purpose of determining the
maximum building size and height for various uses and types of
construction, and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine
offset and setback requirements, buildings are measured to the
farthest projection from the building. Property lines shall be clearly
identified, and all property pins shall be staked prior to the first site
inspection.
31) A portion of the property is located west of the Big Thompson River.
This portion of the property must be accessed from Lakota Lakes
Ranch unless permission is granted by the owners of the property
to be crossed for emergency or maintenance needs.
32) Potential purchasers are hereby notified that confined animal
feeding operations are located directly northeast and northwest of
the site adjacent to Weld County Road 54. Off -site impacts that may
be encountered include noise from trucks, tractors, and equipment,
dust from animal pens, and odors from animal confinement, silage,
and manure.
33) No residential Building Permits shall be issued for outlots.
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Carly Koppel, Clark and Recorder, Weld County , CO
mill NUfirll'.7Pi1i �IMiha� i�' , M�1S�� �N�1� M �rw 11111 PL1677
AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 9
34) The property owner shall be responsible for complying with the
Performance Standards and Procedures of Chapter 27, Article II
and Article VIII of the Weld County Code.
35) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment 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.
36) The site shall maintain compliance, at all times, with the
requirements of the Weld County Departments of Public Works,
Public Health and Environment, Planning Services and all
applicable Weld County regulations.
37) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
38) No development activity shall commence on the property, nor shall
any building permits be issued on the property until the Final Plan
has been approved and recorded.
39) If no construction has begun, or no use established in the PUD
within three (3) years of the date of the approval of the PUD final
plan, the Board of County Commissioners 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 continue the PUD.
The Board of County Commissioners 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 of County Commissioners 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 per Section 27-8-60 of the
Weld County Code.
40) 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 30 days thereof. A hearing shall be
held by the Board of County Commissioners within 15 days of the
issuance of such notice, setting forth the item, date and place of the
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Carly Koppae, Clark and R.00rd.r, Wuld�CCoounty , CO
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AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 10
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, per Section 27-8-70.A of the Weld County Code.
41) Any PUD Zone District approved in a Final Plan shall be considered
as being in compliance with Chapter 24 of this Code and
Section 30-28-101, et seq., C.R.S., per Section 27-8-70.B of the
Weld County Code.
42) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34, of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits
are essential to the State's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
43) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
F. The applicant shall submit an electronic (PDF) copy of the plat for
preliminary approval to the County Department of Planning Services. Upon
approval of the PDF, the applicant shall submit a Mylar plat, along with all
other documentation required as Conditions of Approval. The Mylar plat
shall be recorded in the office of the County Clerk and Recorder by the
Department of Planning Services. The plat shall be prepared in accordance
with the requirements of this Code.
G. The plat map and additional requirements shall be submitted to the
Department of Planning Services for recording within three (3) years from
the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee. If a plat has not been
recorded within three (3) years of the date of the approval of the Planned
Unit Development (PUD) Final Plan, or within a date specified by the Board
of County Commissioners, the Board may require the landowner to appear
before it and present evidence substantiating that the PUD has not been
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Carly Koppel, Clark and Reoorder, Weld County , CO
mill VIIIN 11111 PL1677
AMENDED PUD FINAL PLAN, PUDF21-0002 - LANDOWNERS OF LAKOTA LAKES
RANCH PUD
PAGE 11
abandoned and that the applicant possesses the willingness and ability to
record the plat. The Board of County Commissioners may extend the date
for recording the plat. If the Board determines that conditions supporting
the original approval of the PUD cannot be met, the Board may, after a
public hearing, revoke the PUD, per Section 27-8-50 of the Weld County
Code.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of February, A.D., 2022.
ATTEST:
Weld County Clerk to the Board
puty Clerk -to the Board
APPROVED AS TO F
County Attorney
Date of signature: 3/3
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Carly Koppas, Clark and Recorder, Weld County , CO
1111 RDJDIL, i N9 IA 11111
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Sc t K. James, Chair
teve Moreno
Lori Sain
2022-0488
PL1677
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