The URL can be used to link to this page

Browse Search

Home My WebLink About20141863.tiff RESOLUTION RE: GRANT A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PUD (PLANNED UNIT DEVELOPMENT) FINAL PLAT, PUDF14-0001, TO VACATE LOT 9 (AGRICULTURAL ZONED) OUT OF EDEN'S RESERVE PUD (S-500) - MARK AND JACQUELYN EBERL 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 25th day of June, 2014, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Mark and Jacquelyn Eberl, 2672 Grace Way, Mead, CO 80542, requesting a Site Specific Development Plan and Amended PUD Final Plat, PUDF14-0001, to vacate Lot 9 (Agricultural Zoned) out of Eden's Reserve PUD (S-500), for a parcel of land located on the following described real estate, to-wit: Lot 9 Eden's Reserve; being part of Section 21, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant 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 - The proposal is consistent with Chapters 19, 22, 23, 24 and 26 of the Weld County Code and any intergovernmental agreement in effect influencing the PUD. 1) Section 22-2-20.G.2 (A.Policy 7.2) - Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. The zoning for the parcel is not proposed to change per this application. The applicants are applying for a change of zone to A (Agricultural), which is consistent with the existing zoning of Lot 9. Cc:'APO. CAL94) (1 121- t')900 2014-1863 PL1311 AMENDMENT TO A PUD FINAL PLAT, PUDF14-0001 - MARK AND JACQUELYN EBERL PAGE 2 2) The proposed site is not influenced by any intergovernmental agreements or a Regional Urbanization Area. 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. 1) Section 27-2-40 - Access Standards — The applicant will continue to use the existing access (Grace Way). 2) Section 27-2-40 - Bulk Requirements—There will be no change to the existing Bulk Requirements of Eden's Reserve PUD. 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 site is located within the three (3) mile referral areas of the Town of Firestone, City of Longmont and Town of Mead. The City of Longmont, in the referral dated March 17, 2014, indicated no conflict with its interests. The Town of Mead, in the referral dated March 31, 2014, indicated that the site is consistent with the Town of Mead Comprehensive Plan (one acre large lot residential land use — one acre minimum). No referral response was received from the Town of Firestone. 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. Water service is provided by the Little Thompson Water District and there is an existing septic system on the property under permit#SP-0200166. 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. There will be no change to the access into the lot. The existing residence on Lot 9 utilizes Grace Way. The access into Lot 9 will be off of Grace Way. 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 2014-1863 PL1311 AMENDMENT TO A PUD FINAL PLAT, PUDF14-0001 - MARK AND JACQUELYN EBERL PAGE 3 facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. There will be no change to the access into the lot. The current residence, located on Lot 9, accesses off of Grace Way. The access into Lot 9 will continue to be off of Grace Way. 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 potential for commercial mineral deposits for the parcel to be vacated from Eden's Reserve PUD was already reviewed under the original Eden's Reserve PUD (Z-525). Building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building permits issued on the property will be required to adhere to the fee structure of the County Facility Fee and q 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 Jacquelyn Eberl requesting a Site Specific Development Plan and an amended PUD Final Plat, PUDF14-0001, to vacate Lot 9 (Agricultural Zoned)out of Eden's Reserve PUD (S-500), on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the PUD Final Plat: A. The applicant shall attempt to address the requirements of the Mountain View Fire Protection District, as stated in the referral dated March 21, 2014. B. The applicant shall attempt to address the comments/requirements of the West Greeley Soil Conservation District, as stated in the referral dated April 16, 2014. C. If any portion of the stormwater drainage system for Eden's Reserve is vacated as a result of this PUD amendment, the applicant shall provide a drainage easement for any portion of the PUD stormwater drainage system planned to be vacated to ensure that the stormwater drainage system is maintained as an intact complete drainage system. The applicant shall provide legal documentation as to who is responsible for maintenance of any portion of the stormwater system that is included in the vacated portion of the PUD. D. The COZ14-0002 plat shall be submitted for recording in conjunction with the PUDF14-0001 plat. E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer 2014-1863 PL1311 AMENDMENT TO A PUD FINAL PLAT, PUDF14-0001 - MARK AND JACQUELYN EBERL PAGE 4 showing no delinquent taxes exist for the original arcel. 4P F. 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). G. The Plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PUDF14-0001. 2) The Weld County's 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 should remove the signature block for the Department of Planning Services and replace it with the signature block for the Board of County Commissioners, as follows: a) This plat is approved by the Board of County Commissioners of Weld County, State of Colorado. Approval of this plat does not constitute acceptance of any dedication. Witness my hand and the corporate seal of Weld County this_day of , A.D., 20 Chair, Board of County Commissioners ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date 4) The access and utility easement and utility easements with existing utilities shall be indicated on the plat as approved by the Coordinated Utilities Advisory Committee on June 12, 2014. 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: 2014-1863 PL1311 AMENDMENT TO A PUD FINAL PLAT, PUDF14-0001 - MARK AND JACQUELYN EBERL PAGE 5 A. Eden's Reserve PUD shall consist of eight (8) residential lots with E (Estate) Zone uses and Common Open Space. The PUD will be subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County Regulations. B. The purpose of this amended final plat is to vacate Lot 9 from Eden's Reserve PUD. C. The parcel vacated out of Eden's Reserve PUD, and any future parcels divided off from this vacated parcel that will be utilizing Grace Way for access, are subject to, and shall adhere to, the Road Maintenance Agreement recorded under reception #3834850 on March 3, 2012. D. 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. E. All portions of any septic system in the development shall be installed a minimum of two-hundred (200) feet from Logan Reservoir. F. Outdoor storage shall be screened from public rights-of-way and adjacent properties. G. The applicant shall supply a designated street sign and Stop sign at the appropriate location adjacent to County Road (CR) 32. H. "Weld County's Right to Farm Statement," as provided on this plat, shall be recognized at all times. Installation of utilities shall comply with Sections 24-9-10 and 27-9-40 of the Weld County Code and the conditions of the Coordinated Utilities Advisory Committee. J. Water service shall be obtained from the Little Thompson Water District. K. 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. L. 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. 2014-1863 PL1311 AMENDMENT TO A PUD FINAL PLAT, PUDF14-0001 - MARK AND JACQUELYN EBERL PAGE 6 M. 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. N. Building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. O. 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. P. The site shall maintain compliance with the Mountain View Fire Protection District, at all times. Q. The historical flow patterns and runoff amounts will be maintained on-site. R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. S. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. T. Personnel from the 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. U. 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, state and federal agencies and the Weld County Code. V. 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 owners allow the growth of noxious weeds. W. 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. 2014-1863 PL1311 AMENDMENT TO A PUD FINAL PLAT, PUDF14-0001 - MARK AND JACQUELYN EBERL PAGE 7 X. The Amended PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 3. 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 25th day of June, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTEST: �CC,�,� , sc , ,,/ ` 0 \°o er, ha " �sciwl/ G .�Cal�o cc Douglaademacher, hair Weld County Clerk to the Board E L �S • ®% • =arbaraKirkmeyer, ro-Tem De Clerk to tie Bo ' .j , ( i Sly P can P. Conway CM- 70"r APP FORM: S not Mike Freeman unty Attorney EXCUSED William F. Garcia Date of signature: It{ 2014-1863 PL1311 Hello