HomeMy WebLinkAbout20143311.tiff •
RESOLUTION
RE: ACCEPT REQUEST OF MARK HOLLIDAY/RED BARON DEVELOPMENT, LLC, AND
ANDREW PARKS/THE LAFAYETTE FOUNDATION, C/O MARILYN TAYLOR, TO
WITHDRAW APPLICATION FOR AMENDED CHANGE OF ZONE, AMPZ-1035, FROM
THE E (ESTATE) ZONE DISTRICT TO THE C-2 (GENERAL COMMERCIAL) ZONE
DISTRICT FOR ONE LOT WITHIN THE RED BARON ESTATES PUD, AND RESCIND
RESOLUTION #2008-0101, DATED JANUARY 23, 2008
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 January 23, 2008,the Board approved the application of Mark Holliday/Red
Baron Development, LLC, and Andrew Parks/The Lafayette Foundation,7507 County Road 39, Fort
Lupton, Colorado 80621, requesting an Amended Change of Zone,AMPZ-1035,from the E (Estate)
Zone District to the C-2(General Commercial)Zone District for one lot within the Red Baron Estates
PUD, for a parcel of land located on the following described real estate, to-wit:
Lot 7 of Red Baron Estates PUD; being part of the
SE1/4 of Section 30, Township 2 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, on December 22, 2014, the Board was presented with a letter, dated
November 13, 2014,from the property owner requesting the withdrawal of the application, at which
time they continued the matter to December 31, 2014, to allow Planning Services staff adequate
time to obtain a signed/notarized letter from the applicant confirming their request, and
WHEREAS, on December 31, 2014, the Board of County Commissioners heard all of the
testimony and statements of those present, studied the request of the applicant and all of the
exhibits and evidence presented in this matter and, having been fully informed, deems it advisable
to grant the request of Mark Holliday/Red Baron Development, LLC, and Andrew Parks/The
Lafayette Foundation, c/o Marilyn Taylor,and thereby accept the withdrawal of the application and to
rescind Resolution#2008-0101, dated January 23, 2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Mark Holliday/Red Baron Development, LLC, and Andrew
Parks/The Lafayette Foundation, c/o Marilyn Taylor, to withdraw the application requesting an
Amended Change of Zone, AMPZ-1035, from the E (Estate) Zone District to the C-2 (General
Commercial) Zone District for one lot within the Red Baron Estates PUD, on the parcel of land
described above be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution#2008-0101, dated January 23, 2008, be, and hereby is, rescinded.
_ �'°\ ��/z 2014-3311
C C--1 C( t Z / PL1706
ACCEPT WITHDRAW REQUEST AND RESCIND RESOLUTION #2008-0101 (AMPZ-1035) -
MARK HOLLIDAY/RED BARON DEVELOPMENT, LLC,AND ANDREW PARKS/THE LAFAYETTE
FOUNDATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of December, A.D. 2014.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
ATTEST: .�;1
�� @ilkate Douglas Rademache , dhair
Weld County Clerk to the o- � , •
.Og1i r.
/ tit �
.. 'o • _ �` -arbara Kirkmkmeye,.-, Pro-Tem
BY
�eputyCler✓oth Bo��, j '�
Sean P. Conway
APPROVED AS TO FORM: a- 3noa
Mike F eem
Coun Attorney
�r
William F. Garcia
Date of signature: pEC 2!)t4
3
2014-3311
PL1706
MEMORANDUM
To: Board of County Commissioners
From: Steve Elkins, Planner I
COUNTY
Subject: Withdrawal of Change of Zone, AMPZ-1035
Date: December 11, 2014
The Department of Planning Services received the attached letter on November 18, 2014, from
Marilyn Taylor, the authorized agent for the Red Baron Estates PUD. Red Baron Estates is
requesting that Change of Zone, AMPZ-1035, be withdrawn. The original request, approved by
the Board of County Commissioners on January 23, 2008, was to change Lot 7 of Red Baron
Estates PUD from E — Estate to C-2 General Commercial. The applicant did not meet the
condition of approval within the sixty (60) day time frame provided to record the Mylar plat of the
approved change of zone. Planning staff attempted to make contact with Ms. Taylor on August
27, 2010, by letter. Ms. Taylor responded to the Department in a letter dated November 13,
2014, requesting that this matter be withdrawn.
The Department of Planning Services is recommending approval of this withdrawal.
Background information:
Legal Description: Lot 7, Red Baron Estates PUD being part of SE4 of Section 30, T2N,
R65W of the 6th P.M., Weld County, CO
Location: West of and adjacent to County Road 39 and approximately one (1) mile
south of County Road 16
January 8, 2008: AmPZ-1035 was approved by the BOCC on January 8, 2009, for A
Change of Zone from E — Estate to C-2 General Commercial for Lot 7,
Red Baron Estates PUD. As a condition of approval the applicant was
given sixty (60) days to record the Change of Zone plat map.
August 27, 2010: Planner Kim Ogle sent the applicant's authorized agent a letter requesting
a status update as no activity was noted in the case file since September
12, 2008.
November 18, 2014: The applicant's authorized agent sent a letter to Michelle Martin, Planning
Manager, that the applicant no longer wished to pursue this Change of
Zone request, and on behalf of the applicant, requested a formal
withdrawal of this land use application.
&ON-3311
PL I7v1v
to (ii
Sub) (no subject)
Date. 12/29/2014 8 43 42 A.M Pacific Standard Time
From.
To
REVISED ON DECEMBER 28, 2014
December 28, 2014
TO: Weld County Commissioners
RE: RED BARON ESTATES
CHANGE OF ZONE
AMPZ-1035
Dear Commissioners,
I would like to request withdrawal of AMPZ-1035. For financial and personal reasons,Andy Parks,
the owner and operator of the Vintage Aero Flying Museum has made the decision to
close the facility and move the collection to the WWII Museum in Pueblo. He will still retain his
original hangar on Platte Valley Airport for aircraft renovation. For this reason, we have decided to
retain Lot#7 as residential.
Please contact me at 303-536-4880 with any questions.
Thank you.
Marilyn Taylor
Authorized Agent
Red Baron Estates
LC-Co et- (e r e7
Monday, December 29,2014 AOL: MTPVAI
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INDIVIDUAL ACKNOWLEDGMENT
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State/Commonwealth of_
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On this the--sL. __, day of
1 Day r- � ,' before me,
.Mole, Year
2ii 1 the undersigned Notary Public, 5
Name ci Not ary PuD.'C
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personally appeared :! +
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Narle(s)of Sgnerls) ' I
7 personally known to me—OR—
Vi proved to me on the basis of satisfactory ,
0 evidence
to be the r pe son(s) whose name(s) is/are
subscribed to the within instrument, and
acknowledged to me that he/she/they executed
the same for the purposes therein stated. I
ij:'....: WITNESS my hand and official seal.
KRISTINE N. BELL
xl
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144035920
My Ccmm:ssion Expi'es Sept 18, 2018 T) ') . - i'• ...:.;
Signature of, PublIC
:ace Notary Seal and/or Stamp Above Other Requited Information(Printed Name of Notary,Residence.etc)
•
OPTIONAL
Right Thumbprint
Although the information in this section is not required by law,it may prove valuable to of Signer
relying on the document and could prevent fraudulent removal and reattachment of this r%rm
to another document. Too of thump here ,
i
Description of Any Attached Document
Title or Type of Document:
`;i Document Date: ^_ Number of Pages:
Signer(s)Other Than Named Above:
'4'ZOea National Notary Asscpaacn•9350 Do Seto Ave..P.O.Hoc 2402-Crratswonh.CA 97313-2402- z'•tyq .tem r
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November 13, 2014 GRLELEY Ok fICE
Michelle Martin
Case Manager
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: RED BARON ESTATES
CHANGE OF ZONE
AMPZ-1035
Dear Ms. Martin,
I am contacting you to advise that we will not be continuing with the above mentioned
Change of Zone/AMPZ-1035. Please remove this pending application from the Weld County
Planning files. We have decided to retain Lot#7 as residential.
Please contact me at 303-536-4880 with any questions.
Thank you.
7<
Marilyn Taylor
Authorized Agent
Red Baron Estates
CC: Kim Ogle
4�
11.,C.1.'
IC _ .4/ i (14,) ,((,,;RESOLUTION
RE: GRANT AMENDED CHANGE OF ZONE, AMPZ #1035, FROM THE E (ESTATE) ZONE
DISTRICT TO THE C-2 (GENERAL COMMERCIAL) ZONE DISTRICT FOR ONE LOT
WITHIN THE RED BARON ESTATES PUD - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
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 23rd day of January, 2008, at 10:00 a.m. in
the Chambers of the Board for the purpose of hearing the application of Mark Holliday/Red Baron
Development, LLC, and Andrew Parks/The Lafayette Foundation, 7507 County Road 39,
Fort Lupton, Colorado 80621, requesting an Amended Change of Zone, AmPZ #1035, from the
E (Estate) Zone District to the C-2 (General Commercial) Zone District for one lot within the Red
Baron Estates PUD, for a parcel of land located on the following described real estate, to-wit:
Lot 7 of Red Baron Estates PUD; being part of the
SE1/4 of Section 30, Township 2 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present and represented by Marilyn Taylor, Red Baron
Development, LLC, and Andrew Parks of The Lafayette Foundation, 7507 County Road 39,
Fort Lupton, Colorado 80621, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
such a 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 request is in conformance with Section 27-6-120.D of the Weld County Code
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), Chapter 24(Subdivision), and
Chapter 26 (Mixed Use Development), of the Weld County Code. The
proposed site is not influenced by an Intergovernmental Agreement. The
proposal is consistent with the aforementioned documents as follows:
2008-0101
JPL1706 r
Gn. 11 r( U; AP/ ) Ax , ,
_o-
AMENDED CHANGE OF ZONE (AMPZ #1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 2
1) Section 22-2-170.C.2 (C.Policy 3.2) states, "New commercial
development should demonstrate compatibly with existing
surrounding land use in terms of general use, building height, scale,
density, traffic, dust and noise." The applicant is proposing a
Change of Zone for Red Baron Estates PUD, from the E (Estate)
Zone District, to the C-2(General Commercial)Zone District, for the
purpose of relocating the Vintage Aero Flying Museum from the
Platte Valley Airpark, to Lot 7 of Red Baron Estates PUD. Red
Baron Estates PUD is a community designed for the owners of small
airplanes and aeronautical enthusiasts. The Platte Valley Airpark is
located to the west and south of the site.
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.
Section 27-2-20, Access standards - The Department of Public Works, in
the referral dated September 24, 2007, stated the Department will review
the access and circulation at the time of Final Plan and Site Plan Review.
Section 27-2-40, Bulk requirements-The applicant has chosen to adopt the
bulk requirements of the C-2 (General Commercial) Zone District. The
applicant has met the remaining Performance Standards, as delineated in
Section 27- 2-10. The Conditions of Approval ensure compliance with
Sections 27-2-20 through 27-2-220, of the Weld County Code.
c. Section 27-6-120.D.5.c-The uses which will be permitted will be compatible
with the existing or future development of the surrounding area,as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code, or the master plans of affected
municipalities. The subject property lies within the three-mile referral area
for the City of Fort Lupton and the Town of Hudson. The Town of Hudson
referral, dated September 12, 2007, indicated no concerns with the
application. The City of Fort Lupton did not respond to the referral request,
indicating no objections to the application.
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.
The existing PUD is serviced by an individual well for water service, and an
Individual Sewage Disposal System will handle the effluent flow. The
applicant has a well permit issued by the State of Colorado which permits
the use of the water for a commercial use(well permit#65391-F). The Weld
County Department of Public Health and Environment,in a referral response
dated October 4,2007, indicated that due to the number of people which are
projected to patronize the museum, the well is expected to be deemed a
public water system, as defined in the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Therefore, the applicant shall submit a plan
review to the Drinking Water Section of the Water Quality Control Division
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ #1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 3
of the Colorado Department of Public Health and Environment, for the
proposed water distribution system, at the time of Final Plan. The Weld
County Department of Public Health and Environment has received a septic
permit application which appears to meet all criteria for placement on the lot.
The Department recommends that a second absorption field envelope be
delineated on the lot at the time of Final Plan.
e. Section 27-6-120.D.5.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 Department of Public Works referral, dated
September 24, 2007, states that the Department will review the access and
circulation at the time of Final Plat and Site Plan Review.
f. Section 27-6-120.D.5.f-An Off-site Road Improvements Agreement and an
On-site Improvements Agreement proposal are in compliance with
Chapter 24 of the Weld County Code, and a Road Improvements
Agreement is complete and has been submitted, if applicable. The
Department of Planning Services will require an Improvements Agreement
in accordance with Section 2T6-120.6.f of the Weld County Code for
improvements to Lot 7 of the Red Baron Estates PUD, and all on-site
improvements at the time of Final Plan and Site Plan Review.
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 site does not lie within any Overlay Districts. Effective
January 1, 2003, building permits issued on the proposed lots will be
required to adhere to the fee structure of the County-Wide Road Impact Fee
Program. Effective August 1, 2005, building permits issued on the subject
site will be required to adhere to the fee structure of the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee Programs.
h. Section 27-6-120.O.5.h - Consistency exists between the proposed zone
district(s) uses, and the Specific Development Guide. The submitted
Specific Development Guide accurately reflects the performance standards
and allowed uses described in the proposed Zone District, as described
previously. The Final Plan will be administratively reviewed, and the Site
Plan Review on the site will be done concurrently with the Final Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Mark Holliday/Red Baron Development, LLC, and Andrew
Parks/The Lafayette Foundation, for an Amended Change of Zone, AmPZ #1035, from the
E (Estate) Zone District to the C-2 (General Commercial) Zone District for one lot within the Red
Baron Estates PUD, on the above referenced parcel of land be, and hereby is, granted subject to
the following conditions:
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ#1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 4
1. Prior to recording the Amended Change of Zone plat:
A. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
September 24, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall address the requirements and concerns of the Weld
County Sheriff's Office, as stated in the referral response dated August 30,
2007. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated October 4, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
D. The applicant shall attempt to address the requirements and concerns of the
State of Colorado, Division of Water Resources, as stated in the referral
response dated August 30, 2007. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated September 14, 2007. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services, as stated in the Landscape
referral response dated August 28, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
G. The applicant must show evidence that the plan review process has been
initiated with the Drinking Water Section of the Water Quality Control
Division of the Colorado Department of Public Health and Environment.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
H. Red Baron Estates PUD Covenants shall be amended to reflect that Lot 7
is zoned C-2 (General Commercial). The Covenants shall also include
language for the preservation and/or protection of the absorption field
envelopes and shall be placed in the development Covenants. The
Covenants shall state that activities such as permanent landscaping,
structures, dirt mounds, or other items, are expressly prohibited in the
absorption field site.
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ#1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 5
The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled AMPZ-1035.
2) The applicant shall adhere to the plat requirements in preparation of
the Amended Change of Zone plat. The vicinity map shall be
delineated at a scale of 1" = 2000', and the Site Plan shall be
delineated at a scale of 1" = 100' or 1" = 200'.
3) Primary and secondary septic envelopes shall be located on Lot 7
to reflect the commercial size of the septic system (prior septic
envelopes were sized and placed on the lot as pad of the residential
PUD review). All septic system envelopes must meet all setbacks.
4) The applicant shall contact the Department of Public Works to verify
the status of County Road 39, and it shall be delineated on the plat.
All setbacks shall be measured from the edge of future right-of-way.
The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and delineate them on the plat.
If the right-of-way cannot be verified, it shall be dedicated. This road
is maintained by Weld County.
5) Easements shall be shown on the Amended Change of Zone plat,
in accordance with County standards (Section 24-7-60) and/or the
recommendations of the Utilities Coordinating Advisory Committee.
2. The Amended Change of Zone is conditional upon the following and that each shall
be placed on the Amended Change of Zone plat as notes prior to recording:
A. Amended Change of Zone, AmPZ #1035, is from the E (Estate)Zone
District to the C-2 (General Commercial)Zone District for one lot within the
Red Baron Estates PUD (Lot 7), and is subject to, and governed by, the
Conditions of Approval stated hereon and all applicable Weld County
regulations.
B. Water service shall be obtained from the existing individual well (well permit
#65391-F).
C. Sewage disposal shall 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.
D. Language for the preservation and/or protection of the septic absorption
field envelopes shall be placed in the development Covenants. The
Covenants shall state that activities such as permanent landscaping,
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ#1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 6
structures, dirt mounds or other items are expressly prohibited in the
absorption field site.
E. Adequate portable toilet facilities shall be provided during the annual special
event.
F. A Stormwater 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 acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information.
G. 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.
H. 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.
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 Colorado Department of Public Health and
Environment.
J, Weld County's Right to Farm Statement, as provided in Appendix 22-E of
the Weld County Code, shall be placed on any recorded plat.
K. The PUD must be in compliance, at all times, with the requirements of the
Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
L. The Red Baron Development/Aviation Museum is regulated by the Colorado
Primary Drinking Water Regulations (5 CCR 1003-1). As such, once the
Red Baron Development/Aviation Museum regularly serves a population of
at least 25 people, over six (6) months of the year, it is required to contact
the Colorado Department of Public Health and Environment, Water Quality
Control Division, to activate the Red Baron Development/Aviation Museum
Public Water System.
M. The applicant shall comply with the Colorado Retail Food Establishment
Rules and Regulations governing the regulation of food service
establishments.
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ #1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 7
N. 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, along with the
enforcement of the Covenants. Open space restrictions are permanent.
O. The Homeowners' Association shall be responsible for replacing all dead,
or dying, plant material in the open space areas.
P. Stop signs and street name signs will be required at all intersections.
Q. All signs, including entrance signs, shall require building permits. Signs
shall adhere to Chapter 23, Article IV, Division 2, and Appendices 23-C
through 23-E, of the Weld County Code. These requirements shall apply to
all temporary and permanent signs.
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
S. Building permits shall be obtained prior to the construction of any building
or structure. Building permits are also required for signs and structures,
such as bus shelters, if provided.
T. A plan review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
U. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, Weld County has
adopted the following: 2006 International Building Code, 2006 International
Residential Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2005 National Electrical Code, and Chapter 29 of the Weld
County Code.
V. 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.
W. Prior to all new construction, a letter of approval from the Hudson Fire
Protection District shall be submitted to the Department of Building
Inspection.
X. 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.
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ #1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 8
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.
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. Weld County Government personnel 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 Conditions of Approval 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,
and Planning Services, state and federal agencies, and the Weld County
Code.
BE The property shall be maintained in such a manner that grasses and weeds
are not permitted to grow taller than twelve (12) inches. In no event shall
the property owner allow the growth of noxious weeds.
CC. No development activity shall commence, nor shall any building permits be
issued on the property, until the Final Plan has been approved and
recorded.
DD. The applicant shall comply with Section 27-8-50 of the Weld County Code,
as follows: Failure to submit a Planned Unit Development Final Plan - If a
PUD Final Plan application is not submitted within two (2)years of the date
of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUG project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submission of the PUD Final Plan. The Board may extend the date for the
submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the
Board determines that conditions or statements made supporting the
original approval of the PUD Zone District have changed, or that the
landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing, revoke the PUD Zone District and
order the recorded PUD Zone District to revert to the original Zone District.
EE. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ #1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 9
3. The Amended Change of Zone plat map shall be submitted to the Department of
Planning Services, for recording, within thirty(30)days of approval by the Board of
County Commissioners. With the Amended Change of Zone plat map, the applicant
shall submit a digital file of all drawings associated with the Amended Change of
Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable).
4. At the time of Final Plan application submission:
A. The applicant shall provide an updated Drainage Report, and drawings that
will provide retention and water quality for this lot, to the Department of
Public Works. This area may also be used for snow removal from the
parking lot. Weld County has adopted the Urban Storm Drainage Criteria
Manual with an Addendum written to address specific Weld County
conditions and exceptions to the Urban Drainage Criteria.
B. The applicant shall provide a Grading and Erosion Control Plan for this lot
to the Department of Public Works.
C. The applicant shall provide more information concerning the amount of
traffic expected to occur, due to the new zoning at this site, to the
Department of Public Works. The Water Use Report indicates that weekly
events attended by 60 patrons are expected, and once a year a 600-patron
event is scheduled. The applicant shall provide a signage, striping, and
parking lot plan, with hard surface parking spaces which comply with all
standards of the Americans with Disability Act(ADA). The off-street parking
spaces, including the access drive, shall be surfaced with gravel, recycled
asphalt, asphalt, concrete, or the equivalent, and shall be graded to prevent
drainage problems.
D. The applicant shall clearly identify the location, length, and width of access
to this lot off Parks Lane to the Department of Public Works.
E. The Weld County Department of Public Works is recommending that Lot 7
of the Red Baron Estates PUD escrow $3,600.00, the same amount as
being escrowed by the Red Baron Estates PUD lot holders, for the
stabilization of County Road 39. This escrow shall be required as a part of
this application. The original Resolution associated with Red Baron Estates
PUD, recording number 3192870, was recorded June 25, 2004.
F. Easements shall be shown in accordance with County standards (Section
24-7-60) and/or recommendations from the Utilities Coordinating Advisory
Committee. Intersection sight distance triangles at accesses/entrances will
be required. All landscaping within the triangles must be less than 3.5 feet
in height at maturity, and noted.
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ #1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 10
G. Easements shall be shown in accordance with County standards and/or
recommendations from the Utilities Coordinating Advisory Committee, and
dimensioned on the Final Plat.
H. The applicant shall submit an On-site (Private) Improvements Agreement
with the Final Plan application, which addresses all improvements
associated with this development, per compliance with Section 24-9-10 of
the Weld County Code.
The applicant shall submit a time frame for construction, in accordance with
Section 27-2-200 of the Weld County Code.
J. The applicant shall submit Covenants for the Red Baron Estates PUD. The
Covenants shall be approved by the Weld County Attorney's Office prior to
recording the final plat.
K. All rights-of-way for proposed roadways must be dedicated on the final plat.
L. Improvements Agreements (On-site and Off-site) shall be approved by the
Board of County Commissioners, prior to recording the final plat.
M. The applicant shall submit documentation of approval from the Colorado
Department of Public Health and Environment, Water Quality Control
Division, of the plans submitted for the public drinking water system. If
conditions for approval are stipulated by the Water Quality Control Division,
the applicant shall also include how each condition will be addressed.
N. The well is expected to be deemed a Public Water System (serving 25
people or more) as defined in the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). The applicant shall submit a plan review to
the Drinking Water Section of the Water Quality Control Division of the
Colorado Department of Public Health and Environment, for the proposed
water distribution system. The applicant shall submit any response to any
review with the Final Plan application.
O. 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 .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4). (Group 6 is not acceptable).
5. Prior to construction:
A. A letter of approval from the Hudson Fire Protection District shall be
submitted to the Department of Building Inspection.
2008-0101
PL1706
AMENDED CHANGE OF ZONE (AMPZ#1035) - MARK HOLLIDAY/RED BARON
DEVELOPMENT, LLC, AND ANDREW PARKS/THE LAFAYETTE FOUNDATION
PAGE 11
B. Construction plans for the utilities, showing a water supply analysis, shall
indicate the available fire flow at the most demanding point in the water
system.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by the
following vote on the 23rd day of January, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/41
ATTEST: �/ .� / `s /
�� .� `,m H. Jerke, Chair
Weld County Clerk to the Board € v n\
. (
/an ert D. Maslen, Pro-Tem
De t Cler o the Boar LET 7
William F. Garcia
APPROVED AS TO Fly EXCUSED
David E. Long
o ty Attorney etc. 3O
Douglas ademacher
Date of signature: `31 I C
2008-0101
PL1706
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