HomeMy WebLinkAbout20061794.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1082, FROM A(AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - KITELEY FARMS,
LLLP
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 26th day of July, 2006, at 10:00 a.m. for the
purpose of hearing the application of Kiteley Farms,LLLP, 13844 Weld County Road 7, Longmont,
Colorado 80504, do Longs Peak Investors, LLC, 7120 East Orchard Road #450, Englewood,
Colorado 80111,requesting Change of Zone,PZ#1082,from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone Districtfor429 residential lots,open space,and continuing
oil and gas production,for a parcel of land located on the following described real estate,to-wit:
Lot B of Recorded Exemption#843; being part of the
NW1/4 of Section 27, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Joshua Rowland,Land Architects,9137 South
Ridgeline Boulevard, Suite 130, Highlands Ranch, Colorado 80129, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said 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 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 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D 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:
1) Section 22-2-110.B (UGB.Goal 2) states, "Concentrate urban
development in or adjacent to existing municipalities orthe 1-25 Mixed
Use Development Area and maintain urban growth boundary areas
that provide an official designation between future urban and
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non-urban uses." The proposed PUD is located within the Mixed Use
Development (MUD) Area, and within the three-mile municipal
referral areas for the Towns of Mead and Frederick and the City of
Longmont.
2) Section 22-2-230.A(MUD.Goal 1)states, "To plan and to manage
growth and to provide for ease of inclusion in the 1-25 Mixed Use
Development Area and urban development nodes so as to balance
relevant fiscal,environmental,aesthetic,and economic components
of the area." The proposal assures that new development will occur
in such a manner as to maintain an attractive living environment.
Further, all applicable standards and regulations, unless otherwise
modified herein, of Chapters 22, 23, 26, and 27 of the Weld County
Code, shall be integrated in the design of the Final Plan.
3) Section 26-1-50.B.1.a(MUD.C.1.Goal 1)states,"Establish a sense
of community identity within the Mixed Use Development area by
planning and managing residential, commercial, industrial,
environmental, aesthetic, and economic components of the area."
The land uses shown on the Change of Zone plat reflect the uses
shown on the Amended MUD Structural Land Use Map 2.1, dated
April 2006.
4) Section 22-2-230.F(MUD.Goal 6)states,"The extraction of minerals
and oil and gas resources should conserve the land and minimize
the impact to Planned Unit Developments." As proposed,the future
oil and gas operations are limited to one location within the open
space. The Conditions of Approval require a completed agreement.
5) Section 26-1-60 (MUD.P.Goal 1) states, "Provide efficient and
cost-effective delivery of adequate public facilities and services which
assure the health, safety, and general welfare of the present and
future residents of the area." The applicant has signed agreements
in place with the St. Vrain Sanitation District and the Longs Peak
Water District. The Weld County Attorney's Office has indicated that
the agreements submitted by the applicant are adequate.
6) Section 26-1-70(MUD.T.Goal 2)states,"Promote a pedestrian trail
system to service transportation and recreation purposes within the
Mixed Use Development Area." The Conditions of Approval ensure
that a pedestrian connection will be created to the Mead Crossing
development to the east prior to recording the Change of Zone plat.
The applicant is also required to establish a trail connection along
Foster Reservoir,as shown on Amended MUD Structural Land Use
Map 2.1, dated April 2006.
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7) Section 22-3-140.A (T.Goal 1) states, "Provide a unified and
coordinated county-wide street and highway system which moves
people and goods in a safe,economical,and efficient manner." The
Conditions of Approval ensure that the applicant shall address the
issues outlined by the Town of Mead,the Weld County Department
of Public Works, and the Colorado Department of Transportation.
8) Section 26-1-70.6 (T.Goal 2) states, "New development within the
Mixed Use Development area shall provide a mechanism for
balancing relevant fiscal and economic components of transportation
systems." In a referral dated April 4, 2006, the Weld County
Department of Public Works stated, "LSC Transportation
Consultants (LSC) submitted an updated Traffic Impact Analysis
(TIA)dated March 28,2006;and a second review was completed by
Weld County's traffic engineering consultant, Felsburg Holt and
Ullevig (FHU) on March 23, 2006. With the exception of the State
Highway 66 and Weld County Road 7 intersection and north-south
travel, the items in FHU's second review can be addressed at the
time of final plat application."
a) On March 9, 2006, LSC provided a letter in which it stated
impacts on the existing roadway and recommendations for
improvements would be made in revised traffic reports at
each construction phase. In a letter dated March 28, 2006,
LSC cites regional off-site improvements at the intersections
of State Highway 66 and Weld County Road 7, as well as
Weld County Roads 28, 7, and 5.5, and further states the
required contribution will be based on discussions with Weld
County.
b) The applicant is proposing a Metropolitan District for the
maintenance obligations of improvements within the PUD and
wishes to participate in the Southwestern Weld County Law
Enforcement Authority.
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.
1) Section 27-2-20, Access standards. In an e-mail dated March 15,
2006, Gloria Hice-Idler, Colorado Department of Transportation
(CDOT)Access Manager,asked fora right-of-way reservation of 100
feet from the centerline of the existing roadway on State Highway 66.
The revised plat shows the future right-of-way line,but does not show
a reservation on the Kiteley property. Also,the proposed easement
for the Highland Ditch/Recreational Trail is shown within the
reservation. The applicant is required to revise the Change of Zone
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plat to delineate and dimension the State Highway 66 reservation on
the Kiteley Ranch PUD and delineate and dimension the proposed
Highland Ditch/Recreational Trail easement outside,and south of,the
State Highway 66 right-of-way reservation.
a) The applicant is required to provide a schematic layout of
future intersection improvements at State Highway 66 and
Weld County Road 7,taking into consideration alignment with
Weld County Road 7 to the north, and showing and
dimensioning any required additional right-of-way on the
Change of Zone plat.
2) Section 27-2-40, Bulk requirements. The applicant has proposed a
deviation from the bulk requirements and allowed uses,as set out in
the Weld County Code as follows:
a) The minimum setback from a road right-of-way shall be 20
feet. The minimum backyard setback shall be 20 feet from
the property line. The minimum side yard offset shall be 7.5
feet from the property line. Eaves, bay and box windows,
room projections and cantilevers, foundation counterforts,
brick ledges,air conditioning units,and windowwells shall be
allowed within a 2.5-foot zone within these setbacks.
Front-yard sidewalks, front porch steps, back-yard patios,
decks, and air conditioning units shall be allowed within the
setback. Side-yard concrete sidewalks and stoops shall be
excluded from side-yard setback areas. These same
setbacks and offsets were determined to be adequate by the
Board of County Commissions through the approval of
Change of Zone, PZ-1078,for Melody Homes, Inc., and are
therefore supported by the Department of Planning Services.
b) The minimum lot size shall be 6,270 square feet. Staff
supports this variance as it is larger than the
6,000-square-foot lot allowed in the R-1 Zone District by the
Weld County Code.
c) Storage of vehicles or recreational vehicles shall only be
allowed inside garages that are a part of the principle use
structure. Carports and/or parking areas are not allowed.
d) Livestock shall be prohibited.
e) Entryway signage of two (2) monument signs of thirty-two
(32) square feet. The Conditions of Approval require the
applicant to identify if signage can meet required setbacks.
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3) Section 27-2-50, Circulation. Sections 22-2-220 and 26-2-30 of the
Weld County Code require an interconnected network of local
streets. The Weld County Department of Public Works has
requested a connection to the Mead Crossing development to the
east. The applicant is not willing to do so, and states the reasons in
the letter of March 23, 2006. The Department of Public Works
strongly supports interconnectivity of developments because of the
traffic benefits derived by reducing trips on collectors adjacent to
developments. The Department of Public Works does not agree with
the applicant's conclusion that the safety of Kiteley Ranch residents
will be compromised by making the connection.
4) The applicant is also required to provide an agreement with the
owner of the property south of the site for the relocation of the
irrigation ditch serving the property .
5) The applicant's letter of March 23, 2006, states additional survey
information needed to address off-site drainage has not been
completed at this time and that a revised Drainage Report will be
submitted.
a) The applicant has met the remaining Performance
Standards. The Conditions of Approval ensure compliance
with Sections 27-2-20 through 27-2-210 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 Master Plans of affected
municipalities. The proposed PUD is located within the Mixed Use
Development(MUD)area,and within the three-mile municipal referral areas
for the Towns of Mead and Frederick and the City of Longmont. The Town
of Mead is opposed to this development being approved as an
unincorporated project and wants the applicant to petition the Town of Mead
for annexation. Mead further asks that the applicant complete an access
permit for access onto Weld County Road 7,which is within the Town limits.
The applicant is required to complete an access permit with the Town or
show an adequate attempt has been made. The Town of Frederick and the
City of Longmont indicated no conflicts with the proposal.
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 Weld County Department of Public Health and Environment indicated
the application has satisfied Chapter 27 of the Weld County Code in regard
to water and sewer service.
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1) The PUD is to be serviced by the St. Vrain Sanitation District. The
District has indicated that an agreement with the proposed Metro
District will be required. Further,St.Vrain confirmed that the property
lies within the St. Vrain Sanitation District 208 Service Area, and
sewer service to the property can be achieved with several
conditions, one of which is inclusion into the District. The applicant
has agreed to apply for inclusion after approval of the Change of
Zone.
2) The Department of Public Health and Environment is recommending
permanent restroom and hand washing facilities be provided in close
proximity to those public gathering areas where water and sewer
services are available. Active and passive recreational opportunities
will include such things as sports fields, a fitness/recreation center,
swimming pool, trails, picnic grounds, bike paths, playgrounds,
etcetera. These varied recreational opportunities must address the
sanitation requirements of any area where people work, live, or
congregate. The applicant has agreed to provide restroom facilities
in the pool/tot lot park and the 1.42-acre part in the north entrance
park. This is acceptable. However, there was no restroom facility
noted in the north entrance park on Sheet 4 of the Preliminary Site
Improvements Plans. The pool will be for the private use of the
residents and guests of the development and, therefore, will not be
subject to the Colorado Department of Public Health and
Environment Swimming Pool and Mineral Bath Regulations.
3) The Kiteley Homestead Place,which includes two residences,will be
preserved,and the driveway access will be re-located to the internal
subdivision. The houses will be placed on St. Vrain Sanitation
service and any exiting septic system will be abandoned in
accordance with County regulations.
4) A Subdivision Service Agreement is in place with the Longs Peak
Water District for a potable and non-potable water supply. The
Colorado Division of Water Resources has indicated that,contingent
upon completion of improvements to the current facilities and water
service being provided by the District,the proposed water supply will
not cause material injury to existing water rights and the supply is
expected to be adequate.
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. As previously indicated, the applicant is required to submit
additional information regarding improvements to State Highway 66 and
Weld County Road 7.
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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 Weld County
Departments of Public Works and Planning Services will require an
Improvements Agreement in accordance with Section 27-6-120.6.f of the
Weld County Code for improvements to Kiteley Ranch PUD and all on-site
and off-site improvements at the time of Final Plan. Additionally,
documentation for the Metropolitan District will be required to be approved for
internal road construction and maintenance prior to recording the final plat.
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. A portion of the site, adjacent to Foster Reservoir, lies within
the 100-year floodplain. The applicant is required to address off-site
drainage, erosion in the Highland Ditch, and revise the Drainage Report to
meet all Weld County drainage criteria. Further,a Letter of Map Amendment,
approved by FEMA,is required with the Final Plan application materials. No
buildings shall be allowed inside the effective FEMA-defined floodplain.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District uses and the Specific Development Guide. The submitted Specific
Development Guide does accurately reflect the Performance Standards and
allowed uses described in the proposed Zone District, as described
previously.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Kiteley Farms, LLLP,c/o Longs Peak Investors, LLC,for
Change of Zone, PZ #1082, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for 429 residential lots, open space, and continuing oil and gas
production,on the above referenced parcel of land be,and hereby is,granted subject to the following
conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall address the concerns of the Weld County Sheriffs
Office, as stated in a memorandum dated February 21, 2006, and
incorporate remedies for these concerns. Written evidence of a solution
shall be provided to the Department of Planning Services.
B. The applicant shall submit details of the proposed mailbox areas to the
appropriate Postal District for review and approval. Any required changes
shall be indicated on the plat. Further, the applicant shall verify that each
facility meets the intent of the Americans with Disabilities Act (ADA) for
access.
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C. The applicant shall submit a Change of Zone Drainage Report which shall be
approved by the Department of Public Works.
D. The plat shall be amended as follows:
1) The plat shall show a connection from Silver Sky Circle to Hyland in
the Mead Crossing Development to the east, prior to recording the
Change of Zone plat.
2) The applicant shall revise the future road connection note on the
Change of Zone plat to read,"Future connection to Mead Crossing to
be designed and constructed in Phase 2 of Kiteley Farms
development upon requirement of the Town of Mead and Weld
County."
3) The plat shall indicate the location of school bus shelters. Evidence
of approval by the St.Vrain Valley School District shall be submitted
to the Department of Planning Services. If necessary,a variance to
setbacks must be requested prior to approval of the Change of Zone.
Further,the applicant shall verify that each facility meets the intent of
the Americans with Disabilities Act (ADA) for access.
4) The extension of Pioneer Drive(S)south of Silver Sky Circle(S)shall
be designated as a future road connection to be developed upon the
development of the property to the south.
5) The plat shall show the restroom facilities at the North Entrance Park.
E. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following and that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. The Change of Zone is from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District for 429 residential lots, open
space,and continuing oil and gas production,as indicated in the application
materials on file. The residential lots will adhere to the uses allowed in the
R-1 (Low-Density Residential)Zone District except as indicated below. The
PUD will be subject to,and governed by, the Conditions of Approval stated
hereon and all applicable Weld County regulations.
B. The minimum setbacks shall follow the Exhibit on page 3 of this Change of
Zone plat.
C. The minimum lot size shall be 6,000 square feet.
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D. Storage of vehicles or recreational vehicles shall only be allowed inside
garages that are part of the principle use structure. Storage of vehicles or
recreational vehicles within carports and/or parking areas are not allowed.
E. Livestock is prohibited.
F. Two (2) entry signs of thirty-two (32) square feet.
G. Future connection to Mead Crossing is to be designed and constructed in
Phase 2 of the Kiteley Farms development upon requirement of the Town of
Mead and Weld County.
H. Weld County's Right to Farm Statement,as delineated on this plat,shall be
recognized at all times.
Water service shall be obtained from the Longs Peak Water District.
J. Sewer service shall be obtained from the St. Vrain Sanitation District.
K. Permanent restroom and hand washing facilities shall be provided within the
pool/tot lot park and the 1.42-acre park in the north entrance.
L. All existing septic systems must be abandoned in accordance with
Section 30-7-70 of the Weld County Code at the time of platting of Phase 2.
M. 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 Colorado Department of Public Health and Environment,Water
Quality Control Division,atwww.cdphe.state.co.us/wq/PermitsUnit,for more
information.
N. 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.
O. 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.
P. 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.
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Q. A separate building permit shall be obtained prior to the construction of any
building.
R. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Commercial 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.
Commercial building plans require a Code Analysis Data sheet,provided by
the Weld County Department of Building Inspection. Residential building
plans may be required to bear the wet stamp of a Colorado registered
architect or engineer.
S. 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:2003 International Residential Code,2003 International
Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code,2003 International Fuel Gas Code,2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
T. 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.
U. Fire resistance of walls and openings,construction requirements,maximum
building height and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
V. Building height shall be measured in accordance with the 2003 International
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 as indicated on this plat or
delineated in 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. When
measuring buildings to determine offset and setback requirements,buildings
are measured to the farthest projection from the building. Property lines shall
be clearly identified and all property pins shall be staked prior to the first site
inspection.
W. Building plans shall be submitted to Mountain View Fire Protection District for
its approval.
X. 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
Program.
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Y. 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.
Z. Oil and gas structures shall be fenced to avoid tampering.
AA. Except where noted on this plat, signs shall adhere to Sections 23-4-80
and 23-4-110 of the Weld County Code. These requirements shall apply to
all temporary and permanent signs.
BB. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
CC. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
DD. 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.
EE. 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, and adopted Weld County Code and policies.
FF. No development activity shall commence, nor shall any building permits be
issued on the property, until the Final Plan has been approved and recorded.
GG. 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 three(3)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 PUD 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 reverted to the original Zone District.
HH. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
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3. The 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 Change of Zone plat map, the applicant shall submit a
digital file of all drawings associated with the 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. 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 be added for each additional three (3) month period.
5. At the time of Final Plan submission:
A. Only one single family residence per legal lot is allowed in the
R-1 (Residential) Zone District. The applicant is proposing to place the
existing homes on one lot. The applicant shall submit a Non-conforming Use
application for one of the existing residences.
B. Prior to submitting the Final Plan application,the applicant shall contact Lin
Dodge,Weld County Department of Building Inspection,to obtain preliminary
addresses. The applicant shall include a copy of the proposed street names
and preliminary addresses with the Final Plan application for review and
approval by referral agencies.
C. A Letter of Map Amendment,approved by FEMA, shall be provided with the
Final Plan application materials and no buildings shall be allowed inside the
effective FEMA defined floodplain.
D. The applicant shall provide an Improvements Agreement for both Public and
Private Improvements According to Policy Regarding Collateral for
Improvements with the Final Plan application. These agreements must be
reviewed by County staff and shall be approved by the Board of County
Commissioners prior to recording the final plat.
E. The applicant shall submit to the Department of Planning Services a copy of
the Restrictive Covenants, the Metropolitan District, the Law Enforcement
Authority and Homeowners' Association Incorporation paperwork for the
PUD, for review by the Weld County Attorney's Office. Any changes
requested by the Weld County Attorney's Office shall be incorporated prior
to recording.
F. The Final Plan shall include a Landscape Plan for all open space amenities
within the PUD. The applicant shall also clarify how the proposed 25-foot
Utility and Landscape Easement shall be utilized. Landscaping within utility
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easements in not usually allowed. The applicant shall provide additional
information pertaining to the plant materials, including common, botanical,
and species names, size at installation, and any additional information
deemed necessary, if any.
G. The applicant shall submit a Re-vegetation Plan of all disturbed areas during
construction. The plan shall include information regarding plant type,
installation methods, and maintenance.
H. The applicant shall demonstrate how the proposed plant material will be
watered. Further, the applicant shall provide evidence that the tap from
Longs Peak District is permitted to provide irrigation water to the landscaped
areas.
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 contact the Colorado Division of Wildlife to discuss the
concerns raised by the Division in a referral dated January 17, 2006. The
Final Plan application shall indicate how the concerns of the Colorado
Division of Wildlife have been addressed.
K. The Covenants for Kiteley Ranch at Foster Lake shall address the following:
1) A Noxious Weed Plan, as requested by the Longmont Soil
Conservation District.
L. The Final Plan application materials shall include a detailed Final Engineering
Geology/Geotechnical Report that addresses the limitations of construction
due to groundwater and soil conditions identified in the Subsurface
Exploration Program PreliminaryGeotechnical Recommendations Report by
Ground Engineering Consultants, dated November 22, 2004.
M. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate a septic permit for 13812 and
13844 Weld County Road 7. Any existing septic system(s) which is not
currently permitted through the Weld County Department of Public Health
and Environment will require an I.S.D.S. evaluation prior to the issuance of
the required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current
Individual Sewage Disposal System (I.S.D.S.) Regulations.
6. Prior to Scheduling the Final Plan hearing:
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A. Due to the extent of the proposed development, the Department of Public
Works has asked that the Traffic Impact Study address the impact at each
construction phase on the existing roadways and make recommendations
for improvements needed at each phase.
B. The applicant shall provide a schedule of recommended roadway
improvements and proposed agreements that will mitigate the traffic impacts
of the proposed development.
C. Weld County Road 7 is within the Town of Mead. The applicant shall submit
a letter from the Town indicating its concerns regarding Weld County Road
7 have been met. If that letter cannot be supplied, the applicant is required
to outline, in detail, all efforts that have been made to acquire Mead's
approval.
D. The Weld County Department of Public Works has indicated that, in the
future,extensive improvements,including turn lanes,will be required at the
intersection of State Highway 66 and Weld County Road 7. Fifty(50)feet of
right-of-way, per Mead's requirement, is shown on the revised zoning plat.
The Department of Public Works requested additional right-of-way at the
intersection on Weld County Road 7. No additional right-of-way has been
shown. The Preliminary Site Improvement Plan shows an eight(8)foot trail
within the right-of-way. Clearly, there is not enough right-of-way to
accommodate future intersection improvements and a trail system.
E. Prior to scheduling the Board of County Commissioners Final Plan hearing
for Phase 1, the applicant shall submit a proposed agreement that will be
entered into during the Final Plan stage of Phase 2 that will provide for the
construction of the connection to Mead Crossing or adequate surety. The
agreement shall have a term of ten (10) years, after which, surety will be
released if the Town of Mead and Weld County does not require the
connection to be constructed. The proposed agreement shall be referenced
in the Change of Zone Resolution. Further, the applicant shall revise the
future road connection note on the Change of Zone plat to read, "Future
connection to Mead Crossing to be designed and constructed in Phase 2 of
the Kiteley Farms development upon requirement of the Town of Mead and
Weld County."
F. Section 27-2-60,Common open space. As proposed,the site does meet the
open space requirements of Chapters 26 and 27 of the Weld County Code.
The Department of Public Works requested separate easements expressly
for the irrigation ditches which are commonly requested by ditch companies.
The revised plats indicate there will be joint use of the Highland Ditch
maintenance road and the recreational trail within the same easement. If the
Highland Ditch does not agree to joint use,separate easements for the ditch
and outlots for the trail system must be delineated on the plat. The
maintenance road should be removed from the open space calculation if not
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used as a recreational trail. The applicant is required to provide an
agreement between the Highland Ditch and the applicant addressing joint
use and adequacy of the proposed easements.
G. Section 27-2-74, Conservation area. Kiteley Ranch PUD is adjacent to
Foster Reservoir and is impacted by non-jurisdictional wetlands,floodplains
and high water tables.The Weld County Department of Public Works cited
three major concerns that were requested to be addressed at the Change
of Zone application phase. They were off-site drainage, FEMA floodplain,and
erosion of the Highland Ditch. Prior to scheduling the Board of County
Commissioners Final Plan hearing for Phase 1,the applicant shall submit a
Final Drainage Report and that report shall be approved by the Department
of Public Works.
H. On May25,2006,the Department of Public Works received a Final Drainage
and Erosion Control Report from S. A. Miro, Inc., that provides additional
information. The applicant is required to address off-site drainage,erosion
of the Highland Ditch, and revise the Drainage Report to meet all Weld
County drainage criteria. Further, a Letter of Map Amendment,approved by
FEMA,is required with the final plat application materials. No buildings shall
be allowed inside the effective FEMA-defined floodplain.
The Town of Mead is opposed to the development being approved as an
unincorporated project and wants the applicant to petition the Town of Mead
for annexation. The Town of Mead further asks that the applicant complete
an access permit for access onto Weld County Road 7, which is within the
Town limits.The applicant is required to complete an access permit with the
Town of Mead or show an adequate attempt has been made.
J. The applicant is required to submit additional information regarding
improvements to State Highway 66 and Weld County Road 7.
K. The applicant shall submit Improvements Agreements in accordance with
Section 27-6-120.6.f of the Weld County Code for improvements to Kiteley
Ranch PUD for all on-site and off-site improvements at the time of Final
Plan. Additionally,documentation for the Metropolitan District will be required
to be approved for internal road construction and maintenance prior to
recording the final plat.
L. A portion of the site, adjacent to Foster Reservoir, lies within the 100-year
floodplain. The applicant is required to address off-site drainage,erosion in
the Highland Ditch,and revise the Drainage Report to meet all Weld County
drainage criteria. Further,a Letter of Map Amendment,approved by FEMA,
is required with the Final Plan application materials. No buildings shall be
allowed inside the effective FEMA-defined floodplain.
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M. The applicant shall address the following to the satisfaction of the Weld
County Department of Public Works. Evidence of such shall be submitted
to the Department of Planning Services:
1) The applicant shall provide a schedule of recommended roadway
improvements and proposed agreements that will mitigate the traffic
impacts of the proposed development.
2) The applicant shall revise the zoning plat to delineate and dimension
the State Highway 66 reservation on the Kiteley property and
delineate and dimension the proposed Highland Ditch/Recreational
Trail easement outside and south of the State Highway 66
right-of-way reservation.
3) The applicant shall obtain written verification from the Highland Ditch
that no additional easement is required in light of the future widening
of State Highway 66.
4) The applicant shall provide a letter from the Town of Mead indicating
its concerns regarding Weld County Road 7 have been met. If that
letter cannot be supplied the applicant should outline, in detail, all
efforts that have been made to acquire Mead's approval.
5) The applicant shall provide a schematic layout of future intersection
improvements at State Highway66 and Weld County Road 7,taking
into consideration alignment with Weld County Road 7 to the north,
and showing and dimensioning any required additional right-of-way
on the Change of Zone plat.
6) All rights-of-way shall be dimensioned on the Change of Zone plat.
7) The applicant shall provide an agreement between the Highland Ditch
and the applicant addressing joint use and adequacy of the proposed
easements.
8) The applicant shall address off-site drainage and erosion in the
Highland Ditch, and revise the Drainage Report to meet all Weld
County drainage criteria.
N. The applicant shall either submit to the Department of Planning Services a
copy of an agreement with the property's mineral owners and lessees
stipulating that the oil and gas activities have adequately been incorporated
into the design of the site, or indicate the 400-foot by 400-foot and the
800-foot by 800-foot drilling envelope locations, per State statute.
O. The plats shall be amended so that proposed entry signs are outside of the
future road right-of-way and proposed 25-foot utility easement. Further,
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signage must meet the appropriate setback of fifteen(15)feet from adjacent
properties and the offset of ten (10) feet from the road right-of-way, per
Section 27-6-90.E.4.d of the Weld County Code. If these distances cannot
be met,the applicant shall request a variance from Section 27-6-90.E.4 of
the Weld County Code.
P. The applicant shall provide a schedule of adjacent and regional roadway
improvements in coordination with the Town of Mead, the Colorado
Department of Transportation, Weld County, and other regional
developments.
Q. The applicant shall provide construction plans for improvements on Weld
County Road 7 and evidence of approval by the Town of Mead.
R. The applicant shall provide construction plans for current and year 2025
intersection improvements at Weld County Road 7 and State Highway 66,
and submit evidence of approval by the Colorado Department of
Transportation.
S. The applicant shall provide a copy of the agreement between Centex and
Longs Peak Investors, LLC, for design and construction of Weld County
Road 7,as well as the intersection of Weld County 7 and State Highway 66.
T. The applicant shall provide copies of agreements between all parties
participating in the improvements on Weld County Road 7, the intersection
of Weld County Road 7 and State Highway 66, and other regional
improvements.
U. The applicant shall provide an Off-site Improvements and Surety Agreement,
acceptable to the Weld County Attorney, for the improvements on Weld
County Road 7, the intersection of Weld County Road 7 and State
Highway 66, and other regional improvements.
V. Prior to recording the final plat, the area shown crosshatched shall be
delineated as State Highway 66 Right-of-Way Reservation.
W. All rights-of-way shall be dimensioned on the final plat.
X. The applicant shall provide an agreement between the Highland Ditch and
the applicant addressing joint use and adequacy of the proposed easements.
Y. The applicant shall revise the future road connection note on the Change of
Zone plat to read,"Future connection to Mead Crossing to be designed and
constructed in Phase 2 of the Kiteley Farms development upon requirement
of the Town of Mead and Weld County."
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Z. The minimum setback from an oil and gas production facility shall be per the
Surface Use Agreement with Kerr-McGee,dated May 30,2006. There shall
be a 150-foot setback from the well/separator and a 200-foot setback from
water and oil tank from residential lot lines.
AA. A Metropolitan District shall be established. The District is responsible for
liability insurance, taxes and maintenance of open space, streets, private
utilities, and other facilities. Open space restrictions are permanent.
BB. A Homeowners' Association shall been established. Membership in the
Association is mandatory for each parcel owner.
CC. Kiteley Ranch shall be a member of the Southwestern Weld County Law
Enforcement District and shall be taxed accordingly.
7. Prior to recording the final plat:
A. The applicant shall submit evidence that all requirements of the St. Vrain
Valley School District have been completed.
B. The applicant shall submit Certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
C. The applicant shall submit evidence that the Covenants have been approved
by the Weld County Attorney's Office.
D. The applicant shall submit the finalized Agreement/Service Plan for the
Metropolitan District.
E. The applicant shall present a unanimous petition of all landowners and
residents of the Kiteley Ranch PUD registered to vote in the State of
Colorado,thus qualifying the Development for inclusion into the Southwest
Weld County Law Enforcement Authority(SWCLEA). An LEA is a taxing unit
with a maximum mill levy of seven (7) mills created for the purpose of
providing additional law enforcement by the County Sheriff to the residents
of the developed or developing unincorporated Weld County.The revenues
will be available initially to provide directed patrols and eventually to provide
additional deputies to carry out those activities within the LEA. This is
intended to offset the demand for law enforcement generated by increased
population densities.
F. Finalized Covenants and the appropriate recording fee(currently$6.00 for
the first page and$5.00 for all others)shall be submitted to the Weld County
Department of Planning Services for recording at the Weld County Clerk and
Recorder's Office.
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G. 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).
8. Prior to construction:
A. The applicant shall provide a letter on letterhead from the Mountain View Fire
Protection District stating that all requirements have been met for each filing
and/or phase of this development.
9. Prior to release of collateral:
A. The applicant shall submit evidence that the open space has been deeded
to the Metropolitan District.
B. Evidence shall be submitted from the Weld County Department of Public
Health and Environment indicating that the existing septic systems have
been abandoned in accordance with County regulations.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 26th day of July, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
`" �� ELD CO TY, COLORADO
ATTEST: L% 1 , C
bl eile, Chair
Weld County Clerk to the `'aa!/ iCifb
David E. Long, Pro-Te
BY: l jJ Ac cr'A-hL(C-
Dep y Clerldo the Board
W m H. Jer e
APD AS TO F M: �� —
Robert D. Masde
at"---7. --7--71:5g-
untyAttorneyAy 46
Gle n Vaad
Date of signature: cOIota
2006-1794
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