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Home My WebLink About20211239.tiffCORRECTED RESOLUTION (Corrected as to Lot designation in Condition of Approval #1.D.5) RE: GRANT REQUEST TO AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001, OF CORRECTED LAKOTA LAKES (PZ-594) TO ALLOW ONE (1) SECOND SINGLE FAMILY DWELLING UNIT PER LOT IN THE PLANNED UNIT DEVELOPMENT - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL 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 12th day of May, 2021, at 10:00 a.m., for the purpose of hearing the application of the Landowners of Lakota Lakes Ranch PUD, c/o Jamie McGill, 7008 County Road 54, Johnstown, Colorado 80534, to Amend Planned Unit Development Change of Zone, PUDZ21-0001, of Corrected Lakota Lakes (PZ-594) to allow one (1) Second Single Family Dwelling Unit per lot in the Planned Unit Development, for parcels 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 by Jamie McGill, 7008 County Road 54, Johnstown, Colorado 80534, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld 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 applicant has demonstrated that 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), and Chapter 24 (Subdivision) of the Weld County Code. 4746268 Pages: 1 of 11 08/16/2021 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NU��LT�Pu:I��h��h��r��+l�KM1��Y4�Iti 11 11 1 cc : (-'L ( OA/OA/ TP), Pw(ZR),EH CL -L), CAcr mlBG), APPL taloilal 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 2 1) Section 22-2-30.C.2. 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 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 second single-family dwellings on the lots which is not out of character with the area. 2) Section 22-2-30.B.2 states: "Urban -scale development shall only be placed where urban services, including public water, are available." The seven (7) residential lots are provided water service by Little Thompson Water District (LTWD) taps. LTWD stated, in the referral response, dated February 24, 2021, that the District's guideline is a size limit of 1,000 square feet. In conversation with Jake Hebert, PE of the LTWD, it was stated that a variance may be applied for if the dwelling is greater than 1,000 square feet. Sewage disposal is provided by individual On -site Wastewater Treatment Systems (OWTS). New septic systems will be required for all second single-family dwellings. Additionally, the rights -of -way and road to access the PUD have already been dedicated and built and no other on -site or off -site improvements are required to accommodate the requested amendment. No drainage or utility easements are proposed to be removed or changed. B. Section 27-6-120.D.5.b — 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 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 with the following exceptions: 1) Section 27-2-40 Bulk Requirements — The applicant shall adhere to the uses and bulk requirements of the E (Estate) Zone District with the exception that four (4) animal units shall be allowed on each residential lot. 2) Section 27-2-200 Uses — The applicant is requesting that one (1) second single-family dwelling be allowed on each residential lot. C. Section 27-6-120.D.5.c — The uses which will be permitted shall 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 responded with 4746268 Pages: 2 of 11 08/18/2021 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 3 referral responses dated February 11, 2021, and February 9, 2021, respectively, and both indicated no concerns. No referral response has been received from the City of Greeley, the Town of Milliken, or Larimer County. The PUD is located within the Coordinated Planning Agreement boundary for the Towns of Windsor, Johnstown, and Milliken. As part of the pre -application process the municipalities were sent a Notice of Inquiry (NOI) form. The Towns of Towns of Windsor, Johnstown, and Milliken submitted a signed NOI form, all dated August 17, 2020, and stating that the municipalities have no interest in annexing this property. The Weld County Department of Planning Services sent notice to 13 surrounding property owners within 500 feet of the PUD. No correspondence was received concerning this PUDZ. D. Section 27-6-120.D.5.d — The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Chapter 27, Article II, of 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 application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and sewer provisions. The Little Thompson Water District evaluates the request for water service to the proposed second single-family 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 second single-family dwelling. The District will evaluate the proposed second single-family dwelling and the projected water use. A commitment letter with all requirements and provisions for water service will then be issued. E. Section 27-6-120.D.5.e — 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. The existing residential lots in the PUD utilize the existing Lakota Lakes road. F. Section 27-6-120.D.5.f — An Off -site Road Improvements Agreement and an on -site Improvements Agreement proposal is in compliance with Chapter 24 of the Weld County Code, as amended, and a Road Improvements Agreement is complete and has been submitted, if applicable. 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. An amended Improvements Agreement is not required. 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 PUD is located in a Special Flood Hazard Area. Any new 4746268 Pages: 3 of 11 08/16/2021 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII Nl��R��u�'4�4CGful��h�I l 1O 'Ilk 11111 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 4 development will be required to submit a Floodplain Development Permit if it is located in the floodplain. The PUD is not located within an Airport Overlay, Geological Hazard Area, or MS4 Area. H. Section 27-6-120.D.5.h — Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Conceptual Development Guide accurately reflects consistency with the Performance Standards and allowed uses described in the E (Estate) Zone District. 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, do Jamie McGill, to amend Planned Unit Development Change of Zone, PUDZ21-0001, of Corrected Lakota Lakes (PZ-594) to allow one (1) Second Single Family Dwelling Unit per lot in the Planned Unit Development, on the above referenced parcels of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for each parcel. B. The applicant shall address the requirements of the Front Range Fire Rescue, as stated in the referral response dated February 9, 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) The plat shall be labeled PUDZ21-0001. 2) The applicant shall adhere to the plat requirements in preparation of the plat per 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. 4) County Road 54 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 4746268 Pages: 4 of 11 08/18/2021 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NUM' 4 Cha hit 1111 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 5 5) The applicant shall show and label the approved access locations, and the appropriate turning radii (65') on the site plan. The applicant must obtain an Access Permit in the approved location, prior to construction. 6) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers), using the access, can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 7) The applicant shall show the drainage flow arrows. 8) The attached Plat Notes. D. 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 purpose of this amended Planned Unit Development, PUDZ21-0001 Change of Zone is to allow one (1) second single- family dwelling per each residential lot. 2) The amended Planned Unit Development Change of Zone is from A (Agricultural) to PUD for seven (7) residential lots and three (3) non-residential outlots, as indicated in the application materials on file in the Department of Planning Services. Lots one (1) through seven (7) will adhere to the uses allowed in the E (Estate) Zone District, except four (4) animal units will be allowed per lot and except for the allowance of one (1) second single-family dwelling per lot. Outlots B, C, and D will adhere to the uses allowed in the A (Agricultural) Zone District, except no residential structures shall be allowed. No animal units shall be allowed on Outlot B and C. Outlot D shall be allowed 17 animal units. Lot 7 shall have a setback of 180 feet from any tank battery. The PUD will be subject to, and governed by, the Conditions of Approval stated heron and all applicable Weld County Regulations. 3) All landscaping within the site distance triangles shall be less than 3.5 feet in height at maturity. 4) A Homeowner's Association has been established. 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. 4746268 Pages: 5 of 11 08/16/2021 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 6 5) The two (2) common open space outlots (Outlot A and Outlot C) shall be owned and maintained by the Homeowner's Association. The outlots are non -buildable for residential and commercial structures or structures providing habitable space. 6) No residential Building Permits shall be issued for outlots. 7) Basements will not be permitted within any structure. 8) 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, 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-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 9) 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. 10) If buildings requiring water and sewer are to be constructed, a Weld County On -site Wastewater Treatment System (OWTS) Permit is required and shall be installed according to the OWTS Regulations. 11) All development shall adhere to the requirements of Front Range Fire Rescue. 12) Installation of utilities shall comply with the Subdivision Design Standards as listed in Chapter 24, Article III, of the Weld County Code. 13) Internal road improvements have been completed for the PUD. No additional internal road improvements are required under this amended PUD. 14) A portion of the property is located west of the Big Thompson River. This portion of the property must be accessed from Lakota Lakes 268 Pages : 6 of 11 08/18/2021 4 10:38 AM R Fee:$0.00 $0.00 Carly Koppes. Clerk and Recorder. Weld County . iv I �1RI wOW hiu� llk ll:W � :NMI �c TOW 11111 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 7 Ranch unless permission is granted by the owners of the property to be crossed for emergency or maintenance needs. 15) Potential purchasers are hereby notified that confined animal feeding operations are located directly northeast and northwest of the site adjacent to 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. 16) Water service may be obtained from the Little Thompson Water District. 17) The parcel is 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. 18) 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. 19) If required, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 20) 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 Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. 21) In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 22) If land development creates more than a 25 -acre contiguous disturbance, or exceeds, six (6) months in duration, the responsible 4746268 Pages: 7 of 11 08/18/2021 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 11111 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 8 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. 23) For the preservation and/or protection of the absorption field areas, activities such as permanent landscaping, structures, dirt mounds, animal husbandry, or other activities that would interfere with the construction, maintenance, or function of the fields, should be restricted over the absorption field areas while in use. 24) 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. 25) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 26) The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 27) Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 28) The historical flow patterns and runoff amounts on the site will be maintained. 29) Weld County is not responsible for the maintenance of on -site drainage related features. 30) Weld County is not responsible for the maintenance on on -site subdivision roads. 31) The property owner shall comply with Chapter 8, Article XIV — Road Access Policy of the Weld County Code and amended Weld County Code. 32) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within 200 feet of any tank battery, within 150 feet of any oil and gas wellhead or within 25 feet of any plugged or abandoned oil and gas well. 4746268 Pages: 8 of 11 08/18/2021 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lull h Ilk BIM I 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 9 33) Any future structures or uses onsite must obtain the appropriate zoning and Building Permits. 34) Prior to the release of Building Permits, the applicant shall submit a recorded deed describing the Lot upon which the Building Permit is requested with the Building Permit applications. 35) 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. 36) 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. 37) Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Section 29-1-20 and Section 29- 3-20.B.13 of the Weld County Code do not need Building Permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 38) 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. 39) The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and Article VIII, of the Weld County Code. 40) 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. 41) 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. 42) 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 4748268 Pages: 9 of 11 08/18/2021 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ohl I ��r:1�N� h+l� l'Oii'I : WMlANTAfi11 I & Li VII 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 10 property comply with the Conditions of Approval and all applicable Weld County regulations. 43) 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. 44) 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. E. The PUDZ plat shall be submitted to the Department of Planning Services for recording within 60 days of approval by the Board of County Commissioners. 2. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 4746268 Pages: 10 of 11 08/18/2021 10:38 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO VIIIr��c�a, M� + P Mind�ThI 11111 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 11 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �j,,Q'�;i�t/1/ v• �C�G4�•ti�. Stev- Moreno Chair Weld County Clerk to the Board County Attorney Date of signature: OO3/2I 4746268 Pages: 11 of 11 08/18/2021 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County CO 2021-1239 PL1677 RESOLUTION RE: GRANT REQUEST TO AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001, OF CORRECTED LAKOTA LAKES (PZ-594) TO ALLOW ONE (1) SECOND SINGLE FAMILY DWELLING UNIT PER LOT IN THE PLANNED UNIT DEVELOPMENT - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL 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 12th day of May, 2021, at 10:00 a.m., for the purpose of hearing the application of the Landowners of Lakota Lakes Ranch PUD, c/o Jamie McGill, 7008 County Road 54, Johnstown, Colorado 80534, to Amend Planned Unit Development Change of Zone, PUDZ21-0001, of Corrected Lakota Lakes (PZ-594) to allow one (1) Second Single Family Dwelling Unit per lot in the Planned Unit Development, for parcels 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 by Jamie McGill, 7008 County Road 54, Johnstown, Colorado 80534, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld 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 applicant has demonstrated that 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), and Chapter 24 (Subdivision) of the Weld County Code. 4743893 Pages: 1 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppea, Clerk and Reoorder, Weld County , CO 11111 PLCOAV Tp), Pw cz a), Er•-ICLL), CAcI rn/pc, APR- Og/O5/al 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 2 1) Section 22-2-30.C.2. 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 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 second single-family dwellings on the lots which is not out of character with the area. 2) Section 22-2-30.6.2 states: "Urban -scale development shall only be placed where urban services, including public water, are available." The seven (7) residential lots are provided water service by Little Thompson Water District (LTWD) taps. LTWD stated, in the referral response, dated February 24, 2021, that the District's guideline is a size limit of 1,000 square feet. In conversation with Jake Hebert, PE of the LTWD, it was stated that a variance may be applied for if the dwelling is greater than 1,000 square feet. Sewage disposal is provided by individual On -site Wastewater Treatment Systems (OWTS). New septic systems will be required for all second single-family dwellings. Additionally, the rights -of -way and road to access the PUD have already been dedicated and built and no other on -site or off -site improvements are required to accommodate the requested amendment. No drainage or utility easements are proposed to be removed or changed. B. Section 27-6-120.D.5.b — 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 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 with the following exceptions: 1) Section 27-2-40 Bulk Requirements — The applicant shall adhere to the uses and bulk requirements of the E (Estate) Zone District with the exception that four (4) animal units shall be allowed on each residential lot. 2) Section 27-2-200 Uses — The applicant is requesting that one (1) second single-family dwelling be allowed on each residential lot. C. Section 27-6-120.D.5.c — The uses which will be permitted shall 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 responded with 4743893 Pages: 2 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppes, Clerk. and Recorder, Weld County , CO VIII ilicifINAIIIENlCIY' MMIIiilifilt l iiklti l k II 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 3 referral responses dated February 11, 2021, and February 9, 2021, respectively, and both indicated no concerns. No referral response has been received from the City of Greeley, the Town of Milliken, or Larimer County. The PUD is located within the Coordinated Planning Agreement boundary for the Towns of Windsor, Johnstown, and Milliken. As part of the pre -application process the municipalities were sent a Notice of Inquiry (NOI) form. The Towns of Towns of Windsor, Johnstown, and Milliken submitted a signed NOI form, all dated August 17, 2020, and stating that the municipalities have no interest in annexing this property. The Weld County Department of Planning Services sent notice to 13 surrounding property owners within 500 feet of the PUD. No correspondence was received concerning this PUDZ. D. Section 27-6-120.D.5.d — The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Chapter 27, Article II, of 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 application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and sewer provisions. The Little Thompson Water District evaluates the request for water service to the proposed second single-family 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 second single-family dwelling. The District will evaluate the proposed second single-family dwelling and the projected water use. A commitment letter with all requirements and provisions for water service will then be issued. E. Section 27-6-120.D.5.e — 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. The existing residential lots in the PUD utilize the existing Lakota Lakes road. F. Section 27-6-120.D.5.f — An Off -site Road Improvements Agreement and an on -site Improvements Agreement proposal is in compliance with Chapter 24 of the Weld County Code, as amended, and a Road Improvements Agreement is complete and has been submitted, if applicable. 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. An amended Improvements Agreement is not required. 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 PUD is located in a Special Flood Hazard Area. Any new 4743893 Pages: 3 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII relit VAIN4CG W:Nil WOO :Oh 1111 II 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 4 development will be required to submit a Floodplain Development Permit if it is located in the floodplain. The PUD is not located within an Airport Overlay, Geological Hazard Area, or MS4 Area. H. Section 27-6-120.D.5.h — Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Conceptual Development Guide accurately reflects consistency with the Performance Standards and allowed uses described in the E (Estate) Zone District. 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, do Jamie McGill, to amend Planned Unit Development Change of Zone, PUDZ21-0001, of Corrected Lakota Lakes (PZ-594) to allow one (1) Second Single Family Dwelling Unit per lot in the Planned Unit Development, on the above referenced parcels of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for each parcel. B. The applicant shall address the requirements of the Front Range Fire Rescue, as stated in the referral response dated February 9, 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) The plat shall be labeled PUDZ21-0001. 2) The applicant shall adhere to the plat requirements in preparation of the plat per 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. 4) County Road 54 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 4743893 Pages: 4 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County , CO 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 5 5) The applicant shall show and label the approved access locations, and the appropriate turning radii (65') on the site plan. The applicant must obtain an Access Permit in the approved location, prior to construction. 6) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers), using the access, can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 7) The applicant shall show the drainage flow arrows. 8) The attached Plat Notes. D. 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 purpose of this amended Planned Unit Development, PUDZ21-0001 Change of Zone is to allow one (1) second single- family dwelling per each residential lot. 2) The amended Planned Unit Development Change of Zone is from A (Agricultural) to PUD for seven (7) residential lots and three (3) non-residential outlots, as indicated in the application materials on file in the Department of Planning Services. Lots one (1) through seven (7) will adhere to the uses allowed in the E (Estate) Zone District, except four (4) animal units will be allowed per lot and except for the allowance of one (1) second single-family dwelling per lot. Outlots B, C, and D will adhere to the uses allowed in the A (Agricultural) Zone District, except no residential structures shall be allowed. No animal units shall be allowed on Outlot B and C. Outlot D shall be allowed 17 animal units. Lot 7 shall have a setback of 180 feet from any tank battery. The PUD will be subject to, and governed by, the Conditions of Approval stated heron and all applicable Weld County Regulations. 3) All landscaping within the site distance triangles shall be less than 3.5 feet in height at maturity. 4) A Homeowner's Association has been established. 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. 4743893 Pages: 5 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO reirlDN' IIM NOLAa�hi ��P �'Ir�� Yoh BI II 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 6 5) The two (2) common open space outlots (Outlot B and Outlot C) shall be owned and maintained by the Homeowner's Association. The outlots are non -buildable for residential and commercial structures or structures providing habitable space. 6) No residential Building Permits shall be issued for outlots. 7) Basements will not be permitted within any structure. 8) 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, 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-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 9) 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. 10) If buildings requiring water and sewer are to be constructed, a Weld County On -site Wastewater Treatment System (OVVTS) Permit is required and shall be installed according to the OWTS Regulations. 11) All development shall adhere to the requirements of Front Range Fire Rescue. 12) Installation of utilities shall comply with the Subdivision Design Standards as listed in Chapter 24, Article III, of the Weld County Code. 13) Internal road improvements have been completed for the PUD. No additional internal road improvements are required under this amended PUD. 14) A portion of the property is located west of the Big Thompson River. This portion of the property must be accessed from Lakota Lakes 4743893 Pages: 6 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppa., Clerk and Recorder, Wald County , CO in 1iVrdnitl4l'Af'i til#gr' lid le %gat OH *Lk Ill II 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 7 Ranch unless permission is granted by the owners of the property to be crossed for emergency or maintenance needs. 15) Potential purchasers are hereby notified that confined animal feeding operations are located directly northeast and northwest of the site adjacent to 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. 16) Water service may be obtained from the Little Thompson Water District. 17) The parcel is 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. 18) 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. 19) If required, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 20) 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 Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. 21) In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 22) If land development creates more than a 25 -acre contiguous disturbance, or exceeds, six (6) months in duration, the responsible 4743893 Pages: 7 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppaa, Clerk and Recorder, Weld County , CO IgrUPIIVIC Men' Pliell'nfiNAI NLI, II II 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 8 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. 23) For the preservation and/or protection of the absorption field areas, activities such as permanent landscaping, structures, dirt mounds, animal husbandry, or other activities that would interfere with the construction, maintenance, or function of the fields, should be restricted over the absorption field areas while in use. 24) 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. 25) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 26) The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 27) Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 28) The historical flow patterns and runoff amounts on the site will be maintained. 29) Weld County is not responsible for the maintenance of on -site drainage related features. 30) Weld County is not responsible for the maintenance on on -site subdivision roads. 31) The property owner shall comply with Chapter 8, Article XIV — Road Access Policy of the Weld County Code and amended Weld County Code. 32) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within 200 feet of any tank battery, within 150 feet of any oil and gas wellhead or within 25 feet of any plugged or abandoned oil and gas well. 4743893 Pages: 8 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 1111 NMI*: Atiam ill WHOM n'Ai Wikii h III II 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, 0/O JAMIE MCGILL PAGE 9 33) Any future structures or uses onsite must obtain the appropriate zoning and Building Permits. 34) Prior to the release of Building Permits, the applicant shall submit a recorded deed describing the Lot upon which the Building Permit is requested with the Building Permit applications. 35) 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. 36) 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. 37) Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Section 29-1-20 and Section 29- 3-20.B.13 of the Weld County Code do not need Building Permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 38) 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. 39) The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and Article VIII, of the Weld County Code. 40) 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. 41) 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. 42) 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 4743893 Pages: 9 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County , CO III!II1rdfi1 ''iiflIM► ill illgiatnillimi i ii 11111 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, 0/O JAMIE MCGILL PAGE 10 property comply with the Conditions of Approval and all applicable Weld County regulations. 43) 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. 44) 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. E. The PUDZ plat shall be submitted to the Department of Planning Services for recording within 60 days of approval by the Board of County Commissioners. 2. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 4743893 Pages: 10 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Wald County , CO in 11111 2021-1239 PL1677 AMEND PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ21-0001 - LANDOWNERS OF LAKOTA LAKES RANCH PUD, C/O JAMIE MCGILL PAGE 11 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: taM4k)jdu):64,• /i ��`��-e�-� Weld County Clerk to the Board CIA161 Deputy Clerk to the Board APP AS ounty A orney Date of signature: 1 0/j Zt C' 4743893 Pages: 11 of 11 08/09/2021 12:59 PM R Fee:$0.00 Carly Koppu , Clerk and Reoordar, Wald County , CO Steve oreno,Chair mes, Pro - L reeman USED Lori Saine 2021-1239 PL1677 Esther Gesick From: Sent: To: Cc: Subject: Esther, Bob Choate Monday, August 9, 2021 11:28 AM Esther Gesick Diana Aungst; Chloe Rempel; Jan Warwick; Jessica Reid RE: PUDZ21-0001 Development Standard #5 Yes, I think this is a scrivener's error that can be corrected as you describe. Here are my thoughts. Outlot A is Lakota Lakes Road, owned by the HOA. Outlot B is the space between Lakota Lakes Road and County Road 54, on the northeast side of the development, owned by Lakota Lakes Ranch LLC. Outlot C is the lake, owned by the HOA. PUD Final Plan PF594, condition 1.K (20042642, p.6/11): "The applicant shall submit recorded evidence that Outlots B and C have been deeded to the Lakota Lakes Homeowners' Association...". It seems like this mistake started way back in 2004, when the PUDF required Outlots B and C to be owned and maintained by the HOA. It probably should have said Outlots A and C, being the road and the lake respectively. There's no reason to exclude the road from the HOA ownership, and it doesn't appear that Outlot B was ever conveyed to the HOA, so the developers didn't think that was correct either. Given all that, I agree that it should say Outlot A, not B, and that it's a scrivener's error. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Esther Gesick <egesick@weldgov.com> Sent: Monday, August 9, 2021 10:35 AM To: Bob Choate <bchoate@weldgov.com> Cc: Diana Aungst <daungst@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: FW: PUDZ21-0001 Development Standard #5 Hi Bob, Would you consider this a scriveners error that we can simply amend with a "Corrected" Resolution (Corrected as to Lot designation in Development Standard #5) and re-sign? Esther E. Gesick Clerk to the Board 1150 O Street'P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weldgov.com> Sent: Monday, August 9, 2021 9:49 AM To: Esther Gesick <egesick@weldgov.com> Cc: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <ireid@weldgov.com> Subject: PUDZ21-0001 Development Standard #5 Hi Esther: There is a typo on PUDZ21-0001 Development Standard #5. It should state (Outlot A and C) not (Outlot B and C). Please let me know if there is any way we can change this B to an A. Outlot B is owned by an LLC not the HOA as it states in Development Standard #5. As it is right now the Development Standard reads: 5) The two (2) common open space outlots (Outlot B and Outlot C) shall be owned and maintained by the Homeowner's Association. The outlots are non -buildable for residential and commercial structures or structures providing habitable space. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(a weldgov. corn www. weldgov. corn DD Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello