HomeMy WebLinkAbout20152741.tiff RESOLUTION
RE: RESCIND RESOLUTION #2015-1828, DATED JUNE 24, 2015, AND APPROVE
CORRECTED RESOLUTION: MODIFY CONDITION OF APPROVAL #1.B AND ADD
NEW CONDITION OF APPROVAL#6.B FOR PLANNED UNIT DEVELOPMENT FINAL
PLAN, PUDF14-0009 - BAREFOOT LAKES, LLC, C/O BROOKFIELD RESIDENTIAL
PROPERTIES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on May 6, 2015, the Board of County Commissioners approved the
application of Barefoot Lakes, LLC, do Brookfield Residential Properties, 188 Inverness Drive
West, Suite 150, Englewood, CO 80112, requesting a Site Specific Development Plan and
Planned Unit Development Final Plan, PUDF14-0009, for an Amendment to First Filing, PF-1078
- Replat of Lots 1-32, Block 7; Lots 1-11, Block 8; Lots 1-14, Block 9; Lots 10-17, Block 10;
Lots 1-7, Block 14 and Tract H, 243 Lots with R-1 (Low Density Residential); C-1 (Neighborhood
Commercial); C-2 (General Commercial) Zone Uses and the Vacation of various rights-of-way,
and continuing Oil and Gas Production Uses, along with approximately 213.1 acres of open space
consisting of a river corridor, private recreational lakes and community parks in the 1-25 Regional
Urbanization Area Overlay District - Barefoot Lakes PUD, for a parcel of land located on the
following described real estate, to-wit:
Part of Sections 25, 35, and 36, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners was presented with a request, dated
June 16, 2015, from the applicant's authorized agent, Cameron Grant - Lyons Gaddis Kahn Hall
Jeffers Dworak and Grant, PC, to move the requirement of Condition of Approval #1.6
(concerning submittal of an updated Improvements and Road Maintenance Agreement for on-site
and off-site improvements and related collateral prior to recording the plat), to become a new
Condition of Approval #1.F to be completed prior to the release of any Building Permits, and
WHEREAS, on June 22, 2015, the Board of County Commissioners heard the matter and,
following discussion, deemed it advisable to continue the matter to June 24, 2015, to allow staff
adequate time to contact the Town of Firestone to negotiate an Intergovernmental Agreement
addressing the County's concerns regarding interim maintenance of the public road rights-of-way
adjacent to the development and subject to pending Annexation, and
WHEREAS, on June 24, 2015, the Board heard all of the testimony and statements of
those present, studied the request of the applicant and the recommendation of the Weld County
Department of Planning Services and all of the exhibits and evidence presented in this matter
and, having been fully informed, moved to deny the request, but instead approved the removal of
the words "on-site and"from Condition of Approval #1.B, so that the improvements agreement
required of Condition of Approval #1.B is for off-site improvements only, to read as follows:
2015-2741
PL1815
CG:"PL(0) 9/1r
RE: RESCIND RESOLUTION #2015-1828 AND APPROVE CORRECTED RESOLUTION:
MODIFY CONDITION OF APPROVAL #1.B AND ADD NEW CONDITION OF APPROVAL #6.B
FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF14-0009 - BAREFOOT LAKES,
LLC, C/O BROOKFIELD RESIDENTIAL PROPERTIES
PAGE 2
"B. The applicant shall enter into an updated Improvements and Road Maintenance
Agreement for off-site improvements. Collateral needs to be submitted to, and
accepted by, the Weld County Board of County Commissioners prior to recording
of the plat. Previously accepted collateral (2006-1915 and 2007-2154) was
obtained for PF-1078, Final Plan for St. Vrain Lakes PUD," and
WHEREAS, the Board further approved the addition of a new Condition of Approval #6.6
to state:
"6.6 The applicant shall enter into an updated Improvements and Road Maintenance
Agreement for on-site improvements, to be executed prior to construction,"and
WHEREAS, on June 24, 2015, the Board approved Resolution #2015-1828 ("Approve
Request to Modify Condition of Approval#1.B to be moved to become a new condition of approval
#7.F for Planned Unit Development Final Plan, PUDF14-0009 — Barefoot Lakes LLC, c/o
Brookfield Residential Properties); however, the Resolution did not properly reflect the direction or
motion approved by the Board as described above, and
WHEREAS, the Board has determined that the appropriate way to correct the Resolution
is to rescind it and approve a corrected Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Resolution #2015-1828, dated June 24, 2015, be, and hereby is,
rescinded.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the modified and new Conditions of Approval, as herein described above, be, and
hereby are, approved.
2015-2741
PL1815
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RE: RESCIND RESOLUTION #2015-1828 AND APPROVE CORRECTED RESOLUTION:
MODIFY CONDITION OF APPROVAL #1.B AND ADD NEW CONDITION OF APPROVAL #6.6
FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF14-0009 - BAREFOOT LAKES,
LLC, C/O BROOKFIELD RESIDENTIAL PROPERTIES
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of August, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifkov
►. •� EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
- � ty Clerk to the Bo. ) ~�
Sean P. Conw
APP VEDAS TO F Ike - a
•Julie A. Cozad
County Attorney � � \' ' EXCUSED
� "'�.•-r_�' Steve Moreno
Date of signature: /2_
2015-2741
PL1815
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