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Home My WebLink About20190758.tiffRESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF18-0008, ALLOWING SECOND HOMES ON THE SEVEN (7) RESIDENTIAL LOTS AND REMOVING SEPTIC ENVELOPES AND THE EXPANSION OF THE BUILDING ENVELOPES ON LOTS 2, 3, 5, 6, AND 7 - COLSON, INC., C/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) 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 27th day of February, 2019, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Colson, Inc., c/o Mark Bowman (authorized representative for 7 lots), 2057 Heritage PI., Erie, CO 80516, requesting a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF18-0008, allowing second homes on the seven (7) residential lots and removing septic envelopes and the expansion of the building envelopes on Lots 2, 3, 5, 6, and 7, for a parcel of land located on the following described real estate, to -wit: Lots 1 through 7 of Longs Peak Estates PUD (PF- 543); being part of the W1/2 NE1/4 and the NE1/4 NW1/4 of Section 9, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was present at said hearing, and WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a Planned Unit Development Final Plan, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted PUD Final Plan materials are in compliance with the application requirements and review procedure per Section 27-7-30 and Section 27-7-40 of the Weld County Code. 2. The submitted PUD Final Plan materials are in compliance with the intent of the PUD Change of Zone Conceptual Development Guide application and all applicable County regulations per Section 27-7-40.D of the Weld County Code as follows: A. Section 27-7-40.D.2.a -- The proposal is consistent with Chapters 19, 22, 23, 24, and 26 of the Weld County Code. ccPLC mH(TP),Pc,J((-1B), £HCLL), GacOc), 0.PPL, cLcPL REP oH(o5/lei 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., CIO MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 2 1) Section 22-2-120.C (R.Goal 3) states: "Consider the compatibility with surrounding land uses, natural site features, nearby municipalities' comprehensive plans and general residential growth trends when evaluating new residential development proposals." The subject PUD Final Plan amendment will be modifying an existing 7 -lot PUD. This request will not affect the compatibility of the PUD with existing surrounding land uses. The PUD is appropriate in this area as it is located nearby two (2) large residential subdivisions, with Scotts Acres directly to the east and Parkland Estates to the west. The PUD is also north and east of numerous residences on Recorded Exemptions lots. 2) Section 22-2-120.A (R.Goal 1) states: "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district." The Longs Peak Estates Homeowners' Association (HOA) has been established and registered with the Colorado Secretary of State. The Declaration of Covenants, Conditions and Restrictions has previously been prepared when the original PUD Final Plan, PF-543, was approved. Common open space is maintained by the HOA. The rights -of -way and roadways 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. There are three (3) fire hydrants installed in the PUD. Natural gas is provided by Black Hills Energy and electric service is provided by United Power. Two (2) non -potable irrigation water taps have been installed to maintain the landscaping of the PUD. No drainage or utility easements are proposed to be removed or changed. B. Section 27-7-40.D.2.b -- The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II, of the Weld County Code. The proposed amended PUD conforms with the Performance Standards as outlined in Section 27-2-20 through Section 27-2-220 of the Weld County Code. The expansion of the building envelopes on select lots within Longs Peak Estates will not change the uses allowed under the original PUD. C. Section 27-7-40.D.2.c -- 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 PUD is located within the three (3) mile referral area of the Towns of Erie, Dacono, and Frederick, Boulder County, and the City and County of Broomfield. The Frederick and Broomfield referral responses dated, January 18, 2019, and February 15, 2019, stated no concerns. No referral response was received from Erie, Dacono, or Boulder 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., C/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 3 County. The subject PUD is not located within any Coordinated Planning Agreement (CPA) boundaries or Urban Growth Boundaries (UGB) of a municipality and is not located within a Regional Urbanization Area (RUA). The Weld County Department of Planning Services sent notice to twenty-six (26) surrounding property owners within 500 feet of the PUD. Planning staff did not receive any correspondence back. D. Section 27-7-40.D.2.d -- The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code. Section 27-2-170 and Section 27-2-176 of the Weld County Code regarding water and sewer provisions. In the Left Hand Water District letter, dated March 21, 2018, and provided in the PUD Change of Zone application materials, the District states the water taps assigned to each lot are adequate for serving both the primary and secondary residences. Sewer will be provided by individual On -site Wastewater Treatment Systems (OWTS). The Division of Water Resources did not respond to the referral request. E. Section 27-7-40.D.2.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 two (2) existing internal paved roads (Dawn and Avery Court). Avery Court, which serves Lots 1 and 2, accesses directly onto County Road 12 (paved), and is annexed into the Town of Erie. Dawn Court, which serves Lots 3 through 7, accesses onto Peak View Street (gravel) and is in unincorporated Weld County. F. Section 27-7-40.D.2.f -- In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. This shall be shown by submitting with the PUD district application a separate proposal for on -site and off -site road improvements. This proposal shall describe, in detail, the type of on -site improvements in compliance with Section 24-9-10 and off -site road improvements in compliance with Section 24-9-20, to determine if the requirement for street or highway facilities providing access to the property has been satisfied. The method of guarantee shall conform with the County's policy regarding collateral for improvements. There is an existing Improvements Agreement for the PUD, reception #4253148, for access onto Peak View Street (Weld County maintained). No Improvements and Road Maintenance Agreement is required for access onto County Road 12 (Erie maintained). Erie did not respond to this proposal. 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., 0/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 4 G. Section 27-7-40.D.2.g -- There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The PUD is located within the Geological Hazard Overlay District and is undermined by the Morrison and Clayton Mines. These coal mines overlap in some areas which results in significantly greater subsidence hazard. The Colorado Geological Survey (CGS) did not submit a referral response for PUDF18-0008. However, they did submit an email dated January 25, 2019, to Mr. Bowman and Planning staff, indicating that the PUDF18-0008 referral would not be completed because the previously CGS referral for PUDZ18-0001 had not been paid for by the applicant. The CGS charges for all referrals that are sent to them as required by C.R.S. §30-28-101. However, the Colorado Geological Survey (CGS) did submit a referral dated May 16, 2018, for the PUDZ18-0001 referral request. This letter discourages development in geologic hazard areas. The referral states that construction should be limited to the existing building envelopes as originally approved and shown by PF-543 and other criteria, such as maximum foundation length of sixty (60) feet, maximum subgrade construction depth of seven (7) feet and flexible utilities and connections. The purpose of the existing building envelopes and additional criteria restrict the location of structures to areas where mines are not overlapped and have the least risk of mine subsidence. The CGS referral dated May 16, 2018, did not comment on the potential of expanding building envelopes. The referral statements made by the CGS are consistent with the notes on the PF-543 plat map and have been previously expressed by the CGS in the PZ-543 referral dated August 13, 2001, PZ-543 follow-up letter dated December 10, 2001, PF-543 referral dated July 14, 2003, and as adopted by the Board of County Commissioners via PF-543 plat note #2. Additionally, Plat Note #15 on the existing PF-543 plat states. "A Geological Hazard Permit will be required for any construction on Lots 3 through 7n. However, Planning staff is working on a Code change to remove Geological Hazard Permits from the Weld County Code, as staff does not have the expertise to process and review these permits. As a replacement for Geological Hazard Development Permits on Lots 3 through 7 and removing the CGS restrictions on Lots 2 through 7, the development standards require a soils report, stamped by a registered engineer, to be submitted with the application, which shall contain geotechnical recommendations and shall be submitted with the Building Permit application for any habitable structures within the PUD. The pending Code change to remove the GHDP is consistent with the Building Department referral. Furthermore, this report of each habitable structure will mitigate any potential impacts of the request to expand select building envelopes outside the current extent and into areas previously identified as overlapping mines with higher subsidence risk. A review of the property for a viable commercial mineral deposit for Longs Peak Estates PUD was reviewed under the Change of Zone land use application (PUDZ18-0001). The applicant notified potential mineral interest owners and no responses 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., 0/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 5 were received back from those notified. There does not appear to be any active oil and gas operations, mining or mineral resource extraction within the PUD. The PUD is not located within an Airport Overlay, Special Flood Hazard Area or MS4 Area. 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.2.h -- Compatibility exists between the proposed uses and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. The PUD Final Plan uses are compatible and conform with the criteria listed in the Conceptual Developmental Guide included in the application materials. The expansion of select building envelopes does not impact the Conceptual Development Guide or the original Final Plan application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Colson, Inc., c/o Mark Bowman (authorized representative for 7 lots) for a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF18-0008, allowing second homes on the seven (7) residential lots and removing septic envelopes and the expansion of the building envelopes on Lots 2, 3, 5, 6, and 7, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall record deeds for Outlot A and Outlot B, deeding them to Longs Peak Estates PUD Homeowners' Association, in conjunction with the PUDF18-0008 plat map. B. The applicant shall submit updated copies of the Longs Peak Estates 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. C. An updated drainage letter addressing the potential increase in imperviousness on all the residential lots of the PUD is required prior to recording the PUDF map. The letter shall address if the existing drainage infrastructure can handle the increase in imperviousness or if there are additional improvements required to the drainage infrastructure. This letter is to be stamped and signed by a Professional Engineer registered in the State of Colorado. D. The plat shall be amended to include the following: 1) All pages of the plat shall be labeled PUDF18-0008. 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., C/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 6 2) The PUD Final Plan plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code. 3) The PUD Final Plan plat shall utilize PUD Plat Certificates Numbers 1, 2, 3 and 4 as located in Appendix 26-P of the Weld County Code. 4) The applicant shall show and label the expanded building envelopes with distance and bearing references. 5) 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-543. 6) Peak View Road is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 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 the right-of-way. This road is maintained by Weld County. 7) The applicant shall show and label the approved access locations, and the appropriate turning radii on the site plan. 8) The applicants shall show the approved Municipality of Erie access from County Road 12 on the site plan and label with the approved access permit number, if applicable. 9) The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Storm water Detention, No -Build or Storage Area" and shall include the calculated volume. 10) The north line of the proposed building envelope expansion on Lot 3 shall be moved 20 feet to the south. 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 Planned Unit Development, Longs Peak Estates PUD, shall consist of seven (7) residential lots with E (Estate) Zone District uses, plus one (1) accessory dwelling unit per lot, 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 PUD Final Plan of Longs Peak Estates, PUDF18-0008 (formerly known as PF-543) adopts the 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., 0/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 7 changes permitted under PUDZ18-0001 and expands the building envelopes on Lots 2, 3, 5, 6, and 7. 3) The two (2) common open space outlots shall be owned and maintained by the Homeowners' Association in perpetuity. The outlots are non -buildable for residential and commercial structures or structures providing habitable space. 4) Lots 2 through 7 are located in the Geological Hazard Overlay District with severe subsidence risk. Lots 2 through 7 contain building envelopes to limit extent of habitable structures. All construction or improvements occurring in a geological hazard area as delineated by the Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld County Code. 5) 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. 6) The Homeowners' Association shall be responsible for maintaining, irrigating and replacing plant and surface material in the common open space areas. 7) Personal outdoor storage shall be screened from public rights -of - ways and adjacent properties. No commercial storage is permitted. 8) All development shall adhere to the requirements of the Mountain View Fire Rescue. 9) Installation of utilities and improvements shall comply with Section 24-9-10 of the Weld County Code 10) Internal road improvements have been completed for Longs Peak Estates PUD. No additional internal road improvements are required under this amended PUD. 11) Water service may be obtained from the Left Hand Water District. 12) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may 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. 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., 0/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 8 13) 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. 14) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 15) The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 16) 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. 17) The historical flow patterns and runoff amounts on the site will be maintained. 18) Weld County is not responsible for the maintenance of on -site drainage related features. 19) Weld County is not responsible for the maintenance on on -site subdivision roads. 20) The soils report submitted with the building permit application shall include geotechnical recommendations stamped by a registered engineer and shall be submitted to the Building Department along with the Building Permit application. The study shall specify that the foundation and structure design are appropriate for the specific site. No certificate of occupancy shall be issued until the Building Official is satisfied that the structures have been constructed in compliance with the geotechnical recommendations. 21) Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., C/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 9 22) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 23) The property owner shall be responsible for complying with the Performance Standards and Procedures of Chapter 27, Articles II and VIII of the Weld County Code. 24) The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works, Public Health and Environment, Planning Services and all applicable Weld County regulations. 25) No development activity shall commence on the property, nor shall any building permits be issued, until the Final Plan has been approved and recorded. 26) 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. 27) 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. 28) 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 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., CIO MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 10 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. 29) 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. §27-8-70.B of the Weld County Code. 30) 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 persons 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. 31) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. F. The applicant shall submit one (1) paper copy or an electronic (PDF) copy of the plat for preliminary approval to the Department of Planning Services. Upon approval, 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 abandoned and that the applicant possesses the willingness and ability to 2019-0758 PL2591 PLANNED UNIT DEVELOPMENT FINAL PLAN (PUDF18-0008) - COLSON, INC., 0/O MARK BOWMAN (AUTHORIZED REPRESENTATIVE FOR 7 LOTS) PAGE 11 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. H. The Department of Planning Services requests a digital copy of PUDF18- 0008. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.).This digital file may be sent to maps@co.weld.co.us. Prior to Construction: 1) If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: y...a.A.vEXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY: Deputy Cle APP' • 'ED AS ount Attorney Date of signature: -/2119 Mike Freeman, Pro-Tem can P. , onway cott . James Steve Moreno 2019-0758 PL2591 Hello