HomeMy WebLinkAbout20150952.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN MINOR AMENDMENT, PUDF15-0001 (FORMERLY
KNOWN AS PF-1129) TO REMOVE THE BUILDING ENVELOPE ON LOT 2, BLOCK 1
OF THE HOME RANCH PUD - ROBERT AND KAREN NOLAN
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 15th day of April, 2015, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Robert and Karen Nolan,
2296 Glenn Haven Drive, Loveland, CO 80538-4903, requesting a Site Specific Development
Plan and Planned Unit Development Final Plan Minor Amendment, PUDF15-0001 (formerly
known as PF-1129) to remove the building envelope on Lot 2, Block 1 of the Home Ranch PUD,
for a parcel of land located on the following described real estate, to-wit:
Lot 2, Block 1 of the Home Ranch PUD (PF-1129);
located on Lot A of Recorded Exemption, RE-4545;
being part of Section 32, Township 7 North, Range
67 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 applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C as follows:
A. Section 27-7-40.D.Z.a.1 --The proposal is consistent with Chapters 19, 22,
23, 24 and 26 of the Weld County Code. Section 22-2-120.C (R.Goal 3) of
the Weld County Code 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 requested Planned Unit
Development (PUD) amendment will be modifying an already approved
PUD to remove a building envelope. Building envelopes were not required
as a condition of approval for the original PUD and will not affect the
compatibility of the PUD with existing surrounding land uses.
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MINOR AMENDMENT, PUDF15-0001 (FORMERLY KNOWN AS PF-1129 -THE HOME RANCH
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B. Section 27-7-40.D.2.b--The Uses which would 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. Removal of
building envelopes 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 proposed PUD Change of Zone amendment is
located within the three (3) mile referral area of the Towns of Severance
and Windsor. Both towns returned referral responses indicating no
conflict with their interests.
D. Section 27-7-40.D.2.d -- The adequate water and sewer service will be
made available to the site to serve the Uses permitted within the proposed
PUD in compliance with the performance standards in Chapter 27, Article II
of the Weld County Code. The existing The Home Ranch PUD" is
approved to be served by the North Weld County Water District and by
Individual Sewage Disposal Systems (I.S.D.S.).
E. Section 27-7-40.D.2.e-- Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. The approved PUD has an approved access onto County
Road (CR) 74.
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. An Improvements Agreement and collateral was accepted
by the Board of County Commissioners on May 14, 2008, for internal
roadway improvements for The Home Ranch PUD. The Board of County
Commissioners approved the partial cancellation and release of collateral
for The Home Ranch on September 15, 2008. The Board of County
Commissioners approved the final cancellation and release of collateral for
The Home Ranch on August 17, 2009.
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 original Change of Zone Application demonstrated
compliance with overlay districts, commercial mineral deposits, and soil
conditions. The applicant addressed comments pertaining to an existing oil
and gas interest on the site and comments from the Colorado Geological
Survey during the original change of zone application process. This
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MINOR AMENDMENT, PUDF15-0001 (FORMERLY KNOWN AS PF-1129 -THE HOME RANCH
PUD) - ROBERT AND KAREN NOLAN
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proposed PUD amendment does not impact or change any of these
comments that were received during the original application.
H. Section 27-7-40.D.2.h -- If compatibility exists between the proposed uses
and criteria listed in the development guide, and the final plan exactly
conforms to the development guide. The removal of a building envelope
on Lot 2, Block 1 does not change the specific development guide that was
submitted with the original final plan application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert and Karen Nolan for requesting a Site Specific
Development Plan and Planned Unit Development Final Plan Minor Amendment, PUDF15-0001
(formerly known as PF-1129), to remove the building envelope on Lot 2, Block 1 of the Home
Ranch PUD, on the above referenced parcel of land be, and hereby is, granted subject to the
following conditions:
1. Prior to Recording the PUD Minor Amendment Final Plat:
A. The Plat shall be amended to include the following:
1) The Plat shall be labeled PUDF15-0001.
2) The PUD Plat shall be prepared in accordance with Section
27-9-20.A through Section 27-9-20.K, except it shall delineate only
Lot 2, Block 1, The Home Ranch PUD and the change to the
building envelope.
3) All utility easements shall conform to Section 24-7-60 of the Weld
County Code and adhere to the requirements of the Weld County
Utilities Coordinating Advisory Committee (April 10, 2008 Hearing).
4) Label all utility easements as "Drainage and Utility Easement."
5) All easements are required to be shown per book and page and/or
Reception number and date.
B. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4). (Group 6 is not acceptable).
2. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
A. The Minor Amendment Final Plan allows for PUD zoning for eight (8) lots
with E (Estate) Zone District Uses, along with 7.07 acres of open space, as
indicated in the application materials on file, and subject to, and governed
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MINOR AMENDMENT, PUDF15-0001 (FORMERLY KNOWN AS PF-1129 -THE HOME RANCH
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by, the Conditions of Approval stated hereon and all applicable Weld
County regulations.
B. The purpose of this amended PUD Plat is to remove the building envelope
from Lot 2, Block 1 of The Home Ranch PUD.
C. The open space lot is non-buildable for residential structures or structures
providing habitable space.
D. Approval of this plan may create a vested property right pursuant to
Section 23-8-20 of the Weld County Code.
E. Water service shall be obtained from the North Weld County Water District.
F. This PUD is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in
accordance with the regulations of the Colorado Department of Public
Health and Environment (CDPHE), Water Quality Control Division (WCD),
and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
G. A Storm Water Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous
land disturbance is greater than, or equal to, one (1) acre in area. The
applicant shall contact the CDPHE, CWD at
www.cdphe.state.co.us/wq/PermitsUnit, for more information.
H. 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.
In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres of
land must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
J. If land development creates more than a 25-acre contiguous disturbance,
or exceeds six (6) months in duration, the responsible party shall prepare a
Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the CDPHE.
K. 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
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open space, streets, private utilities, and other facilities, along with the
enforcement of Covenants.
L. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways within subdivisions that are not maintained by the County.
M. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
N. The internal roadways of gated communities shall be maintained by the
Homeowners' Association.
O. Weld County's Right to Farm statement, as delineated on this plat, shall be
recognized at all times.
P. Stop signs and street name signs will be required at all intersections.
Q. All signs, including entrance signs, shall require building permits. All signs
shall adhere to Article IV, Division 2, of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
R. Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program.
S. Building Permits issued on the lot will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
U. New buildings 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: 2012 International Codes, 2006
International Energy Code, 2011 National Electrical Code and Chapter 29
of the Weld County Code.
V. Activities such as permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the septic absorption field site.
W. Building height shall be measured in accordance with the applicable
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. Offset and setback requirements are
measured to the farthest projection from the building. Property lines shall
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MINOR AMENDMENT, PUDF15-0001 (FORMERLY KNOWN AS PF-1129 -THE HOME RANCH
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be clearly identified and all property pins shall be staked prior to the first
site inspection.
X. Prior to release of Building Permits for residential construction, a letter of
approval from the Windsor-Severance Fire Protection District shall be
provided to the Department of Building Inspection.
Y. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code.
Z. Personnel from Weld County Government 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
AA. 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 adopted Weld County Code and
policies.
BB. Should noxious weeds exist on the property, or become established as a
result of the proposed development, the applicant/landowner shall be
responsible for controlling the noxious weeds, pursuant to Chapter 15,
Articles I and II, of the Weld County Code.
CC. The historical flow patterns and runoff amounts will be maintained on the
site.
DD. 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.
EE. Section 27-8-70 of the Weld County Code - Failure to commence a PUD
Final Plan - If no construction has begun, or no use established in the PUD
within one (1) year of the date of the approval of the PUD Final Plan, the
Board of County Commissioners may require the landowner to appear
before 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.
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MINOR AMENDMENT, PUDF15-0001 (FORMERLY KNOWN AS PF-1129 -THE HOME RANCH
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FF. Section 27-8-80.A of the Weld County Code - Failure to Comply with the
PUD Final Plan - The Board of County Commissioners may serve written
notice upon such organization, or upon the owners or residents of the PUD,
setting forth that the organization has failed to comply with the PUD Final
Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof. A hearing shall be
held by the Board within fifteen (15) days of the issuance of such notice,
setting forth the item, date, and place of the hearing. The Board may modify
the terms of the original notice as to deficiencies and may give an
extension of time within which they shall be rectified.
GG. Section 27-8-80.B of the Weld County Code - Any PUD Zone District
approved in a Final Plan shall be considered as being in compliance with
Chapter 24 of the Weld County Code and Section 30-28-101, C.R.S., et
seq.
HH. The PUD Final Plan Minor Amendment shall comply with all regulations
and requirements of Chapter 27 of the Weld County Code.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The applicant shall be
responsible for paying the recording fee.
4. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan - If a Final Plan plat has not been recorded within one (1)
year of the date of the approval of the PUD Final Plan, or within a date specified by
the Board of County Commissioners, the Board may require the landowner to
appear before it and present evidence substantiating that the PUD Final Plan has
not been abandoned and that the applicant possesses the willingness and ability
to record the PUD Final Plan plat. The Board may extend the date for recording the
plat. If the Board determines that conditions supporting the original approval of
the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke
the PUD Final Plan.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction. The applicant may contact
the Planning Department for application information.
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REQUEST FOR A MINOR AMENDMENT TO PUDF15-0001 (FORMERLY KNOWN AS PF-1129
(THE HOME RANCH PUD) - ROBERT AND KAREN NOLAN
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR DO
J
ATTEST: thaw ,/ ,a, <j ��'a/i i-- ,UiA2: e,---
C�/j �Cl�o• Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
B s
D ty Clerk to the Board �'; �-XCUSED
` WJ n P. Conw-y
0.
APPROVE AS TO FORM: 1861 (i =r : 6�(.I./
�L , 4444444 A. Cozad
County Attorney ( , . \
Steve Moreno
Date of signature: hi/A3
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