HomeMy WebLinkAbout20141579.tiff RESOLUTION
RE: GRANT AN AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY
KNOWN AS PT-567) TO RECONFIGURE TRACT A INTO TWO (2) RESIDENTIAL
BUILDING PARCELS AND TO RECONFIGURE LOT 1 TO CREATE TWO (2)
ADDITIONAL RESIDENTIAL BUILDING PARCELS AND TO RECONFIGURE
EXISTING OPEN SPACE FOR COYOTE RUN PUD, A 9-LOT RESIDENTIAL
PLANNED UNIT DEVELOPMENT WITH E (ESTATE) ZONE USES - MARK AND
SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
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 28th day of May, 2014, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Mark and Suzy Zigray,
9788 CR 80, Ft. Collins, CO 80524, and Peter Hyland, M.O.W. Investments, LLC, 37770 Jaz
Road, Windsor, CO 80550, requesting an Amendment to a PUD Final Plat, PUDF12-0002,
(formerly known as PF-567) to reconfigure Tract A into two (2) residential building parcels and
to reconfigure Lot 1 to create two (2) additional residential building parcels and to reconfigure
existing open space for Coyote Run PUD, a 9-Lot residential Planned Unit Development with
E (Estate) Zone, for a parcel of land located on the following described real estate, to-wit:
Lots 1, 2, 3, 4, 5 and Tracts A, B, C, D, E and Open
Space Coyote Run PUD, (PF-567); being part of
the NW1/4 of Section 26, Township 7 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant, Peter Hyland, was present, 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.D as follows:
A. Section 27-7-40.D.2.a - That the proposal is consistent with Chapters 19,
22, 23, 24 and 26 of this code and any intergovernmental agreement in
effect influencing the PUD.
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7-e- 2O1x1 2014-1579
PL1584
AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) -
MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
PAGE 2
1) 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. "
2) 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."
3) Section 22-2-120.D (R.Goal 4) states: "Residential development
should support agriculture, and be supported in agricultural areas,
in accordance with the goals and policies of Section 22-2-20 of
this Article." The proposed four (4) Estate zoned residential
parcels are served by the North Weld County Water District and
individual sewage disposal systems. The existing development is
unique in that the Eaton Canal (Larimer and Weld Irrigation
Company) bisects the site with larger tracts of land utilized for
production agriculture to the north and smaller residential type
parcels to the south. The proposed four (4) additional parcels will
be created from open space and the re-subdivision of parcels
created in the initial PUD development. Area growth continues to
be larger tract agricultural lands and smaller tract residential
properties. The Towns of Windsor and Severance reviewed this
proposal and determined in the case of Windsor, the project is
located outside of the Town's Growth Management Area and
Community Influence Area, therefore, the Town has no
comments. The Town of Severance Comprehensive Plan
identifies this area as rural residential, which allows for land use
and density consistent with the proposed revised PUD, and the
Town has no objections to the proposal. Finally, the proposed
development will utilize existing infrastructure, i.e. roadway
facilities, maintain historic storm water flow patterns and is
compliant with the public service providers. Windsor RE-4 schools
and the Windsor Severance Fire Rescue had no concerns with the
proposed amendment.
4) The proposed site is not influenced by any Intergovernmental
Agreements (IGA) or a Regional Urbanization Area.
B. Section 27-7-40.C.2 - The uses which will be allowed in the proposed
PUD will conform to the performance standards of the PUD Zone District
contained in Article II, Chapter 27 of the Weld County Code. The
applicant is approved to vary from the Bulk Standards of the E (Estate)
Zone District as follows:
2014-1579
PL1584
AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) -
MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
PAGE 3
1) Section 23-3-440.6 - Maximum Lot size shall be 45 acres.
2) Section 23-3-440.D - Minimum offset would be five (5) feet or one
foot for each three (3) feet of building height, whichever is greater.
3) Section 23-3-440.H - Number of animal units is two (2) per acre.
4) Section 27-2-20 - Access Standards — A separate access to the
lots off of County Road 76.5 will be required and an Access Permit
approval is required as a Condition of Approval.
5) Section 27-2-40 - Bulk Requirements — The changes to the
existing Coyote Run PUD is to create four (4) additional parcels
for single-family residences and the dissolution of a majority of the
open space component, retaining open space adjacent to the
Larimer and Weld Irrigation ditch, only.
6) Sec. 27-2-140 - Nonurban Scale Development - Nonurban scale
developments are developments comprised of nine (9) or fewer
residential lots, located in a nonurban area as defined in
Chapter 22 of this Code, not adjacent to other PUDs, subdivisions,
municipal boundaries or urban growth corridors. Coyote Run PUD
is located in a nonurban area. Coyote Run currently has five (5)
residential lots and seeks to add an additional four (4) residential
lots utilizing the existing access points and creating a second
shared access for two of the parcels. 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 27-7-40.D.2.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
master plans of affected municipalities. The proposed site is not
influenced by an IGA. The site is within the three-mile referral area for
the Towns of Severance and Windsor. The Towns of Severance and
Windsor indicated no issues with the request, as reflected in the referral
responses dated May 22, 2012, and May 21, 2012, respectively.
D. Section 27-7-40.D.2.d - 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 proposed residences will be supplied by the
North Weld County Water District and by individual septic system. The
North Weld County Water District has provided an ability to serve letter
for water service for all lots.
2014-1579
PL1584
AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) -
MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
PAGE 4
E. Section 27-7-40.D.2.5 - 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. A Weld County Road Access Permit Application will be
required for all new roads, driveways or other means of providing ingress
or egress to lands adjoining County rights-of-way. The application form
shall be completed by the property owner to be accessed from a county
road or a duly authorized agent as evidenced by written documentation.
1) Access pictures will be required from the left, right and into the
access.
2) A signature and date will be required to deem the application
acceptable and compete.
3) There is a fee of$75.00 for new access points.
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. The applicant shall show the approved access on
the plat and label it with the Approved Access Permit number (AP#), All
new roads, including the proposed cul-de-sac (Coyote Run Drive) and the
extension of Coyote Ridge Drive, shall be surfaced with gravel, asphalt,
concrete or equivalent, and shall be graded and built per the plans to
prevent drainage problems.
G. Section 27-7-40.D.2.g - That 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 potential for commercial mineral
deposits for Coyote Run PUD was already reviewed under the original
land use application (PZ-567). Building Permits issued on the 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 - The Amended PUD Final Plan uses are
compatible with the criteria listed in the developmental guide included in
the application materials.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mark and Suzy Zigray, and Peter Hyland,
M.O.W. Investments, LLC, for an Amendment to a PUD Final Plat, PUDF12-0002, (formerly
known as PF-567) to reconfigure Tract A into two (2) residential building parcels and to
reconfigure Lot 1 to create two (2) additional residential building parcels and to reconfigure
existing open space for Coyote Run PUD, a 9-Lot residential Planned Unit Development with
E (Estate) Zone Uses, on the above referenced parcel of land be, and hereby is, granted
subject to the following conditions:
2014-1579
PL1584
AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) -
MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
PAGE 5
1. Prior to Recording the Amended PUD Final Plat:
A. The applicant shall submit finalized copies and the appropriate fee ($6 for
the first page and $5 for each additional page) to the Department of
Planning Services for recording the Amended Restrictive Covenants for
Coyote Run PUD in the Office of the Clerk and Recorder.
B. The applicant shall provide an updated written agreement from the North
Weld County Water District demonstrating water service is available to
the four proposed residential parcels.
C. 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 the original parcels.
D. 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).
E. The Plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDF12-0002.
2) The Weld County Right to Farm Statement shall be placed on the
plat per Section 22-2-20.J. (A.Goal 10) of the Weld County Code.
3) The plat shall utilize the PUD Plat Certificates numbers 1, 2, 3,
and 4 located in Appendix 26-P of the Weld County Code.
4) The applicant shall show the residential access point on the plat
and label with the Access Permit number when assigned.
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 Planned Unit Development allows for E (Estate) uses (9 lots) which
shall comply with the PUD Estate Zone District requirements. The
common tracts of right-of-way dedication shall be owned and maintained
by the Homeowner's Association for roadways, in accordance with
Sections 23-3-500 and 27-2-60 of the Weld County Code. The PUD will
be subject to, and governed by, the Conditions of Approval stated hereon
and all applicable Weld County Regulations.
2014-1579
PL1584
AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) -
MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
PAGE 6
B. The purpose of this amended Final Plat is to change Tract B into two (2)
buildable E (Estate) zoned residential parcels and to create two (2)
additional parcels from Lot 1 of PF-567 as recorded under Reception
Number 3107606, dated September 18, 2003.
C. Installation of utilities shall comply with Sections 24-9-10 and 27-9-40 of
the Weld County Code, the Utility Board Conditions and per the
requirements of the Utility Board recommendations, as delineated in the
minutes of the meeting dated August 23, 2012.
D. Water Service shall be obtained from the North Weld County Water
District.
E. This subdivision 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, Water Quality Control Division and the
Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
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 Health
Department, 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. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly
prohibited in the designated absorption field site.
2014-1579
PL1584
AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) -
MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
PAGE 7
K. The applicant has signed a cash-in-lieu payment agreement with the
Weld County RE-4 School District. Prior to the release of any building
permit, evidence of payment shall be received before the permit is
released.
L. The site shall maintain compliance with the Windsor Severance Fire
Protection District at all times.
M. Landscaping within the intersection sight distance triangle shall be less
than 3.5 feet at maturity.
N. Building permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following have been adopted by Weld
County: 2012 International Codes, 2006 International Energy Code, and
2011 National Electrical Code. A Building Permit Application must be
completed and two (2) complete sets of engineered plans bearing the wet
stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection.
O. All signs, including entrance signs, shall require building permits. Signs
shall adhere to Chapter 23 Article 4, Division 2, and Appendix 23-C
through 23-E of the Weld County Code. These requirements shall apply
to all temporary and permanent signs.
P. Building Permits issued on the property will be required to adhere to the
fee structure of the County-wide Road Impact Fee Program.
Q. Building Permits issued on the property will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
R. A Homeowner's 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 covenants.
S. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
T. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code.
2014-1579
PL1584
AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) -
MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
PAGE 8
U. 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
Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
V. 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 state and federal agencies and the
Weld County Code.
W. 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 and to Section
15-1-180 of the Weld County Code.
X. No residential development activity shall commence on Lots 2, 3, 5 and 6,
nor shall any residential building permits be issued on Lots 2, 3, 5 and 6,
until the Final Plan has been approved and recorded.
Y. Section 27-8-80.A - 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.
Z. The Amended PUD Final Plan 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 three (3) paper copies, 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.
2014-1579
PL1584
AMENDMENT TO A PUD FINAL PLAT, PUDF12-0002, (FORMERLY KNOWN AS PF-567) -
MARK AND SUZY ZIGRAY, AND PETER HYLAND, M.O.W. INVESTMENTS, LLC
PAGE 9
4. Section 27-8-60 - 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO 1
ATTEST: CC�� b�0, , I `4S .�,.�.x�.�-�
C/ '� Douglasademacher, Chair
Weld County Clerk to the Board as
XCUSED
� � � � ► � ,'}rbara Kirkmeyer, Pro-Tem
BY: I .l_ _l._;����yyy,,, /. '� �
De• A Clerk to the Boar. l
lConway
APP ` A ` ` I
Mi irre=/ n
A0 Attorney (/V �/
William F. Garcia
Date of signature: 7" 2-_ ILI
2014-1579
PL1584
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