HomeMy WebLinkAbout20081091.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED PLANNED UNIT
DEVELOPMENT FINAL PLAN, 3RDAMPF#431, TO CONSOLIDATE LOTS 8 AND 9 OF
BLOCK 2, INTO ONE (1) LOT IN THE WESTERN DAIRYMEN COOPERATIVE, INC.,
PLANNED UNIT DEVELOPMENT - HIGHLAND PROPERTIES 8407, 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 30th day of April, 2008, at 10:00 a.m. in the
Chambers of the Board for the purpose of hearing the application of Highland Properties 8407,
LLC, 1707 North Main Street, Suite 200, requesting a Site Specific Development Plan and Third
Amended Planned Unit Development Final Plan, 3rdAmPF #431, to consolidate Lots 8 and 9 of
Block 2, into one (1) lot in the Western Dairymen Cooperative, Inc., Planned Unit Development,
for a parcel of land located on the following described real estate, to-wit:
Lots 8 and 9, Block 2, in the Western Dairymen
Cooperative, Inc.; being part of Section 10,Township
2 North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was represented at said hearing by Paul Gonzales, 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. The amendment will eliminate the
lot line between Lots 8 and 9 of Block 2, creating one large lot. The
proposal is consistent with all of the applicable chapters of the Weld County
Code. There is an existing ten-foot (10') utility easement along the north
edge, and an existing fifteen-foot(15')utility easement along the south edge
of Lots 8 and 9 of Block 2. On February 14, 2008, the Utilities Coordinating
Advisory Committee requested the applicant keep the existing ten-foot(10')
utility easement along the north edge,and the existing fifteen-foot(15')utility
easement along the south edge of Lots 8 and 9, as originally approved
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PUD FINAL PLAN, 3RD AMPF #431 - HIGHLAND PROPERTIES 8407, LLC
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through the Western Dairymen Cooperative, Inc., PUD,
Reception #2590085. The applicants will be required to obtain a written
sign-off from the utility service providers prior to recording the plat. The site
is located within the Mixed Use Development (MUD) area and will be
developed to MUD standards at the time of the Site Plan Review. The
property is not located in an Intergovernmental Agreement (IGA) area, but
is located within three miles of the City of Longmont and the Towns of
Firestone, Frederick, and Mead.
b. Section 27-7-40.D.2.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. The proposal
does not affect the Performance Standards, and/or the Development
Standards as approved by the Board of County Commissioners for the
Western Dairymen Cooperative, Inc., Final Plan on November 24, 1997.
The applicant will be responsible for an Improvements Agreement on Lots 8
and 9, Block 2, of the Western Dairymen Cooperative, Inc., at the time of
the Site Plan Review.
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 Town of Mead and the City of Longmont indicated, in
their referrals, that they have no concerns with the proposal. The Town of
Frederick, in its referral dated January 23, 2008, stated, "please apply
uniform design principles, per the IGA for future development, and annex
when contiguous with the Town's boundary." The Town of Firestone did not
respond to the referral.
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 site is serviced by the Left Hand Water District
and the St. Vrain Sanitation District, upon receipt of a tap fee agreement.
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 proposal does not affect transportation facilities. The
Department of Public Works indicated, in the referral dated January 28,
2008, that it has no comments or any disagreements with this application.
The Colorado Department of Transportation (CDOT), in the referral dated
February 5, 2008, indicates it has no comment and the consolidating of the
lots will have no impact to traffic.
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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 proposal does not affect transportation facilities, as per
the Department of Public Works referral dated January 28, 2008, and the
CDOT referral dated February 5, 2008.
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. Issues regarding overlay districts, commercial mineral
deposits, and soil conditions were addressed during the original Final Plan,
S-431 for Western Dairymen Cooperative, Inc., Reception #2590085.
Effective January 1, 2003, building permits issued on the lot 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 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible
with the criteria listed in the Development Guide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Highland Properties 8407, LLC, for a Site Specific
Development Plan and Third Amended Planned Unit Development Final Plan, 3rdAmPF#431, to
consolidate Lots 8 and 9 of Block 2, into one (1) lot in the Western Dairymen Cooperative, Inc.,
Planned Unit Development, 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 Third Amended Final Plat shall be prepared in accordance with
Section 27-9-20 of the Weld County Code.
B. The applicant shall address the requirements and concerns of the Mountain
View Fire Protection District referral, dated January 17, 2008. 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 Town of
Frederick referral, dated January 23, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
D. The applicant shall address the requirements and concerns of the
Department of Public Works referral, dated January 28, 2008. Evidence of
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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
Department of Public Health and Environment referral, dated February 7,
2008. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The plat shall be amended to include the following:
1) The applicant shall place the Certificate of Dedication Ownership
and Maintenance, Surveying Certificate, Certificate of Approval by
the Planning Commission, and Certificate of Approval by the Board
of County Commissioners on the 3rd Amended PUD Final Plat for
Western Dairymen Cooperative, Inc.
2) All sheets of the plat shall be labeled 3rd AMPF-431.
3) The applicant shall address the requirements and concerns of the
Utilties Coordinating Advisory Committee, as stated in the meeting
minutes from February 14, 2008.
4) The applicant shall obtain a written sign-off from the utility providers
prior to recording the plat. The utility name and signature shall be
on the plat in accordance with Section 27-9-40.B of the Weld County
Code.
G. The Final Plat is conditional upon the following, and each shall be placed on
the Final Plat as notes prior to recording:
1) This replat shall comply with the notes listed on the Western
Dairymen Cooperative, Inc., plat (S-431), recorded January 21,
1998, under Reception #2590085 as listed below.
a. The uses permitted within the amended PUD Final Plan shall
include a total of nineteen (19) lots, and open space will
comply with the PUD Zone District requirements as
described in the application materials.
b. Approval of this plan may create a vested property right
pursuant to Section 23-8-10 of the Weld County Code.
c. The Left Hand Water District shall provide water service to
all uses within the PUD Zone District.
d. The St. Vrain Sanitation District shall provide sewage
disposal to all lots within the PUD Zone District.
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e. The property owner or operator shall be responsible for
complying with the Design Standards of Section 23-2-240 of
the Weld County Code and the conditions of the Weld
County Utilities Coordinating Advisory Committee.
f. All uses within the PUD Final Plan shall comply with the
requirements of the Mountain View Fire Protection District.
g. Access to the development shall be from County Road 7.5,
which intersects State Highway 119.
h. All uses within the PUD Final Plan shall maintain compliance,
at all times, with the requirements/standards of the
Department of Army, Corps of Engineers.
Exterior illumination of structures,yards,and driveways shall
be restricted as follows:
1) Sources of light shall be shielded so that beams of
light will not shine directly onto adjacent properties.
2) Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of
motor vehicles on public or private streets.
j. The landscaping on the site shall be maintained in
accordance with the approved Landscape Plan.
k. Any proposed sign shall adhere to Sections 23-4-100,
23-4-110, and 26-2-90 of the Weld County Code. The
applicant shall apply for, and receive, a building permit for all
proposed signs.
Prior to the release of building permits for structures,
foundation plans shall be submitted bearing the stamp of a
Colorado professional engineer, for review and approval by
the Weld County Department of Building Inspection.
m. Prior to any use or construction of any lot with the PUD, a
Site Plan Review application shall be submitted, reviewed,
and approved, and the conditions shall be met.
n. All lots within the PUD shall adhere to the MUD Development
Standards and shall be reviewed through the Site Plan
Review application process.
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2) 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.
3) 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.
4) 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.
5) 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: 2006 International Building
Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2005 National
Electrical Code, and Chapter 29 of the Weld County Code.
6) 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.
7) Building height, wall and opening protection, and separation of
buildings with mixed uses shall be in accordance with the Building
and/or Residential Code in effect at the time of permit application.
Setback and offset distances shall be determined by the Weld
County Code.
8) 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.
9) The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the
Weld County Code.
10) The property owner shall be responsible for complying with the
criteria of Chapter 26 of the Weld County Code.
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11) 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 Development Standards
stated herein and all applicable Weld County regulations.
12) 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.
13) 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.
14) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than one
(1)acre of land must incorporate all available and practical methods
that are technologically feasible and economically reasonable in
order to minimize dust emissions.
15) All signs shall require building permits. Signs shall adhere to the
Weld County Code. These requirements shall apply to all temporary
and permanent signs.
16) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
17) In accordance with the Weld County Code, no land, building, or
structure shall be changed in use or type of occupancy, developed,
erected, constructed, reconstructed, moved, or structurally altered
or operated in the Commercial or Industrial Zone Districts until a Site
Plan Review application, meeting the criteria of Section 23-2-160
and Chapter 26 of the Weld County Code, has been submitted to the
Department of Planning Services for review and approval.
2. The applicant shall submit two (2) paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
3. The applicant shall submit a digital file of all drawings associated with the Third
Amended Planned Unit Development Final Plan application. Acceptable CAD
formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats are ArcView
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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).
4. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3) month period.
5. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 24-4-40.D.6 through D.9 of the
Weld County Code. The Mylar plat and additional requirements shall be submitted
within thirty (30) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
���` WELD COUNTY, COLORADO
ATTEST: Jkilf�" �/1 fr
"•• W' ' m H. Jerke, Chair
Weld County Clerk to th:j:o-r. �o���� ^
-i �`�� Robert asden, Pro-Tem
BY: ��/�/ i i►�_i_�� Cy." --::u� ;I
Deputy Cle to the Board ''
l Willi
F. Garcia
A ,C
A 7a OVEDS Tq-r J l
David E. Lon
Co orney
ougl s Rademac r
Date of signature: 4.13_45‘57
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