HomeMy WebLinkAbout20063259.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1078, FOR ST. VRAIN LAKES, FILING 1, FOR 542 LOTS WITH
R-1 (LOW DENSITY RESIDENTIAL)ZONE USES;409 LOTS FORTOWNHOMES WITH
R-2 (DUPLEX RESIDENTIAL) AND R-3 (MEDIUM DENSITY RESIDENTIAL) ZONE
USES; C-1 (NEIGHBORHOOD COMMERCIAL)AND C-2 (GENERAL COMMERCIAL)
ZONE USES; AND CONTINUING OIL AND GAS PRODUCTION USES,ALONG WITH
230.02 ACRES OF OPEN SPACE CONSISTING OF A RIVER CORRIDOR, PRIVATE
RECREATIONAL LAKES, AND COMMUNITY PARKS - CARMA BAYSHORE, 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 6th day of December, 2006, at 10:00 a.m.for
the purpose of hearing the application of Carma Bayshore, LLC, 188 Inverness Drive West,
Suite 150, Englewood,Colorado 80112, requesting a Site Specific Development Plan and Planned
Unit Development Final Plan, PF#1078, for St. Vrain Lakes, Filing 1, for 542 lots with R-1 (Low
Density Residential) Zone uses; 409 lots for Townhomes with R-2 (Duplex Residential) and
R-3(Medium Density Residential)Zone uses;C-1 (Neighborhood Commercial)and C-2(General
Commercial)Zone uses; and continuing Oil and Gas Production uses, along with 230.02 acres of
open space consisting of a river corridor, private recreational lakes, and community parks, for a
parcel of land located on the following described real estate, to-wit:
Part of Sections 35 and 36,Township 3 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented at said hearing by Tyler Packard, 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 as follows:
1) Section 22-2-210.D.2 (PUD.Policy 4.2) states, "A Planned Unit
Development, which includes a residential use, should provide
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common open space free of buildings,streets,driveways,or parking
areas. The common open space should be designed and located to
be easily accessible to all the residents of the project and usable for
open space and recreation." The site has private recreational lakes
which are to be used for sailing and fishing. There is a recreational
center with swim facilities and an adventure playground, and there
are also areas planned for picnic areas and walking trails. The
applicant has submitted a Conceptual Landscape Plan for the
development; however,staff will require a Detailed Landscape Plan
to be submitted and approved by the Department of Planning
Services prior to recording the Final Plat, First Filing.
2) Section 22-3-50.6(P.Goal 2)states,"Require adequate facilities and
services to assure the health, safety, and general welfare of the
present and future residents of the County." The proposed PUD will
be serviced by the Little Thompson Water District for potable water
and fire protection requirements, and the Saint Vrain Sanitation
District will handle the effluent flow. The Little Thompson Water
District reviewed the request and finds that it does comply with its
Comprehensive Plans,as stated in the referral dated September29,
2006. The Saint Vrain Sanitation District reviewed the request and
finds no conflicts with its interests, as stated in the referral dated
October 3, 2006. In a referral response from the Colorado Division
of Water Resources, dated September 28, 2006, the Division
requested additional information on its comments addressed in the
October 31, 2005, letter. The applicant has provided additional
information to address the concerns of the Division of Water
Resources. Two issues were raised by the Division. First,the lakes
were created by previous mining operations,therefore the applicant
was to provide evidence of a court-approved augmentation plan
approved by the State Engineer's Office. The applicant has
constructed a slurry wall around the lakes, thus the augmentation
plan is not required, per the Division of Water Resources. Second,
the temporary Substitute Water Supply Plan has been approved for
lake augmentation through 2007. No additional concerns have been
raised from referral agencies regarding the adequacy of services to
the site.
3) The proposed site is not presently influenced by an Intergovernmental
Agreement.
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.
1) The applicant has been granted a deviation from the twenty
Performance Standards as delineated in Chapter 27,Article II,of the
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Weld County Code. The Board of County Commissioners approved
deviations specific to access requirements, bulk standards for R-2,
R-3, and R-4 Zone Districts, as well as C-1 and C-2 Zone Districts;
internal circulation requirements, and compatibility. The applicant
has met the remaining Performance Standards, as delineated in
Section 27-2-10,and the Conditions of Approval ensure compliance
with Sections 27-2-20 through 27-2-220 of the Weld County Code.
2) The applicant has submitted two Improvements Agreements
According to Policy Regarding Collateral for Improvements(Private
Road Maintenance) and is required to enter into an Off-site
Improvements Agreement(Public Road Maintenance)for pavement
of Weld County Roads 9.5 and 28. The Improvements Agreement
shall include a requirement that collateral be submitted and approved
prior to the commencement of each phase, with such collateral
covering all of the public improvements to be constructed in the
phase about to be commenced.
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 the master plans of affected
municipalities.
1) The proposed PUD is located within the Mixed Use Development
(MUD)area and within the three-mile municipal referral area for the
Towns of Mead, Firestone, and Frederick. No comments were
received from the municipalities within the three-mile referral area.
At the Change of Zone, the Town of Frederick indicated that it had
reviewed the request and found no conflicts with its interests. The
Town of Firestone, in its referral dated January 11,2006,expressed
its concerns specific to the density of development. The Town of
Mead objected to the proposal on several fronts, including the density
of development, school district impacts, emergency responder
impacts, and road infrastructure. Weld County's Right to Farm
Statement has been attached to the Final Plat, thus informing any
new residents that the area of the surrounding community is
agricultural in nature. Approval of this PUD Final Plan will have a
minimal impact on the surrounding land uses.
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.
1) Referrals received from the Department of Public Health and
Environment during the Change of Zone application phase indicated
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that the proposed PUD will be serviced by the Little Thompson Water
District for potable water and fire protection requirements, and the
Saint Vrain Sanitation District will handle the effluent flow. The
County Attorney's Office indicated that the agreements for potable
water and effluent disposal submitted prior to the Change of Zone
application phase were sufficient.
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.
1) The Weld County Department of Public Works reviewed this request
and indicated there are several areas requiring coordination between
the Weld County Department of Public Works, the Colorado
Department of Transportation (CDOT), and the Town of Mead for
roadway infrastructure. The applicant and their representatives are
actively pursuing resolution of these issues with the Department of
Public Works.
2) The applicant has submitted two Improvements Agreements
According to Policy Regarding Collateral for Improvements
(Private/Public Road Maintenance). The Improvements Agreement
shall include a requirement that collateral be submitted and approved
prior to the commencement of each phase, with such collateral
covering all of the public improvements to be constructed in the
phase about to be commenced.
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.
1) The applicant is required to enter into an Off-site Improvements
Agreement for pavement of Weld County Roads 28,9.5 and 11. The
Improvements Agreement shall include a requirement that collateral
be submitted and approved prior to the commencement of each
phase, with such collateral covering all of the public improvements
to be constructed in the phase about to be commenced.
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.
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1) The Conditions of Approval ensure that soil conditions shall be
considered when placing structures on the site. Agreements have
been reached with all oil and gas interests on the site. A mineral
development for gravel extraction was located on the site and has
since been released from the bond for the gravel operation. The
mining is complete and on-going reclamation of the waters edge is
being undertaken by the applicant.
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.
h. Section 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible
with the criteria listed in the Developmental Guide.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Carma Bayshore, LLC, for a Site Specific Development
Plan and Planned Unit Development Final Plan, PF#1078,for St.Vrain Lakes, Filing 1,for 542lots
with R-1 (Low Density Residential) Zone uses; 409 lots for Townhomes with R-2 (Duplex
Residential) and R-3(Medium Density Residential)Zone uses; C-1 (Neighborhood Commercial)
and C-2 (General Commercial) Zone uses; and continuing Oil and Gas Production uses, along
with 230.02 acres of open space consisting of a river corridor, private recreational lakes, and
community parks, 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 enter into an Off-Site(Public)Improvements Agreement
for improvements to Weld County Road 28 south of the centerline, Weld
County Road 9.5 south of Weld County Road 28, and that portion of Weld
County Road 11 (for dust mitigation) impacted by the development of the
First Filing. The Improvements Agreement shall include a requirement that
collateral be submitted and approved prior to the commencement of each
phase, with such collateral covering all of the public improvements to be
constructed in the phase about to be commenced.
B. The applicant,Weld County,and Mr. Martinez shall enter into an agreement
to provide residential access to the existing single family residence owned
by Mr. Martinez.
C. The applicant and Weld County shall enter into an agreement to provide the
full buildout cross section of Weld County Road 9.5 consisting of a four-lane
arterial roadway with curb, gutter, and associated appurtenances. The
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eastern two lanes of Weld County Road 9.5 are a requirement of the First
Filing. The completion of the western two lanes shall be in the form of an
agreement acceptable to the applicant and Weld County.
D. The applicant shall submit three complete copies of the Covenants for the
St. Vrain Lakes PUD for review and approval by County staff.
E. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for the St. Vrain Lakes PUD. Any changes
requested by the Weld County Attorney's Office shall be incorporated.
F. The applicant shall submit finalized copies and the appropriate fees($6.00
for the first page and $5.00 for each additional page) to the Department of
Planning Services for recording the Restrictive Covenants for the St.Vrain
Lakes PUD in the office of the Weld County Clerk and Recorder.
G. The applicant shall submit, to the Department of Planning Services,
Certificates from the Secretary of State showing the St. Vrain Lakes PUD
Homeowners'Associations has been formed and registered with the State.
H. A Signing Plan, per the current edition of the Manual on Uniform Traffic
Control Devices (MUTCD), is required as part of the final roadway plans.
The Signing Plan may include street names, stop, yield, no outlet, or other
associated subdivision signing. Written evidence of approval by the
Department of Public Works shall be submitted to the Department of
Planning Services.
The applicant shall submit, to the Department of Public Works, stamped,
signed,and dated final roadway,drainage, utility/construction plan drawings
(full set). Certified drawings will remain in the Department of Public Works
file for use during construction. Written evidence from the Department of
Public Works,indicating the plans have been submitted,shall be given to the
Department of Planning Services.
J. The applicant shall submit three (3) additional sets of final roadway,
drainage, utility/construction plan drawings(stamped,signed,and dated)to
the Department of Public Works for Weld County Field Inspectors' use
during construction of the PUD. Written evidence from the Department of
Public Works,indicating the plans have been submitted, shall be given to the
Department of Planning Services.
K. The applicant shall submit written evidence to the Department of Planning
Services that the requested impact and cash-in-lieu fees have been paid to
the Saint Vrain Valley School District.
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L. The applicant shall provide the Department of Planning Services with written
and graphic evidence from the Saint Vrain School District and Post Office of
jurisdiction, that the proposed mailbox location and bus shelter plan meets
design standards and delivery requirements, and the proposed school
drop off/pick up location shall be approved by the School District. Written
evidence of compliance with their standards and requirements shall be
submitted to the Department of Planning Services. Further, evidence shall
be provided that each facility meets the intent of the Americans with
Disabilities Act (ADA) for access. The Department of Building Inspection
shall review the proposed structure for compliance with all applicable codes,
as warranted. Evidence of approval shall be submitted to the Department of
Planning Services.
M. The applicant shall submit copies of finalized water and sewer agreements
with the Saint Vrain Sanitation District and the Little Thompson Water
District.
N. The applicant shall provide the Department of Planning Services with a deed
for recording with the Final Plat as evidence that the open space and mineral
rights have been deeded to the St. Vrain Lakes Metropolitan District.
O. The applicant shall submit written evidence to the Department of Planning
Services that all of the concerns of the Department of Public Works have
been addressed. Written evidence for approval shall be submitted to the
Department of Planning Services.
P. The applicant shall submit a Final Drainage Report stamped, signed, and
dated by a professional engineer, licensed in the State of Colorado, for
review and approval by the Department of Public Works. The 5-year storm
and 100-year storm drainage studies shall take into consideration off-site
flows both entering and leaving the development. Increased runoff due to
development will require detention of the 100-year storm developed condition
while releasing the 5-year storm existing condition. Written evidence of
acceptance of this report shall be submitted to the Department of Planning
Services.
Q. Final grading,drainage construction,erosion and sediment control plans,and
water quality control plans (conforming to the Drainage Report) stamped,
signed, and dated by a professional engineer, licensed in the State of
Colorado, shall be submitted for review and approval by the Department of
Public Works. Written evidence of acceptance of this report shall be
submitted to the Department of Planning Services.
R. The Final Construction Plans must legibly show sufficient detail at an
appropriate scale to see proposed finished floor elevations in relation to the
100-year maximum water surface elevations in the adjacent channels and
swales.
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S. As-Built Construction Plans,including survey data and plans of all drainage
facilities, including all storm drain pipes,headwalls,inlets,swales,detention
pond outlet structures giving locations and elevations of key features, shall
be submitted in digital format to Weld County upon completion and final
acceptance by Weld County.
T. The applicant has provided a Conceptual Landscape Plan for review as to
form, hierarchy, and visual interest. The applicant shall provide a detailed
Landscape Plan addressing: the street tree palette, the programmed open
space,the linkages and landscape corridors, and the areas not subject to a
Site Plan Review (Commercial and Multi-Family Residential designated
areas). The Open Space/Landscape Plan shall be delineated per
Section 24-3-50.G of the Weld County Code. The Plan shall be submitted
to the Department of Planning Services for review and approval.
U. 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. The
documentation shall be submitted to the Department of Planning Services.
V. The applicant shall submit a Re-vegetation Plan of all areas disturbed during
construction. The plan shall include information regarding plant type,
installation methods, and maintenance.
W. The applicant shall demonstrate how the proposed plant material will be
watered. Further,the applicant shall provide evidence that the tap from the
Little Thompson Water District is permitted to provide irrigation water to the
landscaped areas. The documentation shall be submitted to the Department
of Planning Services for review and approval.
X. The applicant has indicated that a water tap will be used to water
landscaping. The applicant shall submit evidence that the tap has been
conveyed to the St. Vrain Lakes Metropolitan District.
Y. The applicant shall present a unanimous petition of all landowners and
residents of the St. Vrain Lakes PUD registered to vote in the State of
Colorado, thus qualifying the Development for inclusion into the
Southwestern Weld County Law Enforcement Authority(SWCLEA), or for
creation of a separate Law Enforcement Authority(LEA).A LEA is a taxing
unit with a maximum mill levy of 7.0 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.
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Z. The plat shall be amended to include the following:
1) All sheets of the Final Plat shall be labeled PF-1078, First Filing.
2) The final plat shall be in compliance with Section 27-9-20 of the Weld
County Code.
3) Common-use boat ramp(s), swim beaches, picnic areas, etcetera,
shall be delineated on the final plat.
4) Passive and active recreational uses shall be defined on the plat.
5) All utility easements shall be indicated on the plat as approved by the
Weld County Utilities Coordinating Advisory Committee.
6) Weld County's Right to Farm Statement, as it appears in the Weld
County Code, Appendix 22-E, shall be placed on the plat.
7) The applicant shall contact the Colorado Department of
Transportation(CDOT)regarding the future right-of-way for the Weld
County Road 28 under-crossing at Interstate 25.
8) Weld County Road 9.5 is classified by the County(Weld County 1-25
Parallel Arterial Study,September 2003)as a major arterial road and
requires 140 feet of right-of-way. The applicant shall verify the
existing right-of-way, and the documents creating the right-of-way
shall be noted on the final plat. If the right-of-way cannot be verified,
it will be dedicated. This road is maintained by Weld County.
9) Weld County Road 28 is classified by the County (1-25 Mixed Use
Development Area Structural Plan - Map 2.2 Structural
Transportation Network, July 2004) as a minor arterial road and
requires a minimum 110-foot right-of-way. The applicant shall verify
the existing right-of-way,and the documents creating the right-of-way
shall be noted on the final plat. If the right-of-way cannot be verified,
it will be dedicated. This road is maintained by Weld County.
10) The applicant shall delineate the locations of the accepted Saint Vrain
School District proposed bus shelter(s) and the Post Office of
jurisdiction mailbox location(s).
11) All internal local road rights-of-way shall be approved by the Weld
County Department of Public Works and dedicated to the public.
12) The No. 3 Ditch,the Highland Ditch,and the Hayseed Ditch must be
appropriately labeled and dimensioned, including setbacks.
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13) The plat shall delineate the400-foot by400-foot,and the 800-foot by
800-foot oil and gas drilling envelope locations, per State statute, if
applicable.
AA. 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).
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 Final Plat, PF#1078,for St.Vrain Lakes PUD,First Filing, is for 542 lots
with R-1 (Low Density Residential)Zone uses;409 lots for Townhomes with
R-2(Duplex Residential)and R-3(Medium Density Residential)Zone uses;
C-1 (Neighborhood Commercial)and C-2(General Commercial)Zone uses;
and continuing Oil and Gas Production uses, along with 230.02 acres of
open space consisting of a river corridor, private recreational lakes, and
community parks, as indicated in the application materials on file, and
subject to, and governed by, the Conditions of Approval stated hereon and
all applicable Weld County regulations.
B. Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
C. The Bulk Standards requirement, as delineated in Section 23-3-160,
Table 23.4, for R-1, R-2, R-3, and R-4 Zone Districts.
D. The Open Space lots are non-buildable for residential structures or
structures providing habitable space.
E. Water service shall be obtained from the Little Thompson Water District.
F. Sewer service shall be obtained from the Saint Vrain Sanitation District.
G. Permanent restroom and hand washing facilities shall be provided within
easy access of all public gathering areas. At a minimum, permanent vaulted
restroom facilities shall be placed around the lake. A vault facility,similar to
a rest area or park service facility, is recommended.
H. The recreational uses on the lakes will be subject to the water quality
standards of the Colorado Department of Public Health and Environment
Swimming Pool and Mineral Bath Regulations.
A Colorado Department of Public Health and Environment Construction
Stormwater Discharge Permit will be required for a development/
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redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one(1)acre in area. The applicant
shall contact the Colorado Department of Public Health and Environment,
Water Quality Control Division,at www.cdphe.state.co.us/wq/PermitsUnit for
more information.
J. 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.
K. 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.
L. 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.
M. Weld County's Right to Farm Statement,as provided in Appendix 22-E of the
Weld County Code, shall be recognized at all times.
N. There are Confined Animal Feeding Operations in close proximity to this
development. Residents should be made aware that there may be traffic,
noise, flies, and odors associated with these activities.
O. The St.Vrain Lakes Metropolitan District is responsible for liability insurance,
taxes and maintenance of open space, streets, private utilities, and other
facilities. Open space restrictions are permanent.
P. The St.Vrain Lakes PUD shall be included in the Southwestern Weld County
Law Enforcement Authority (SWCLEA) prior to the sale of any lot.
Q. Intersection sight distance triangles at development entrances will be
required. All landscaping within the triangles must be less then 3.5 feet in
height at maturity.
R. All signs, including entrance signs,shall require building permits. Signs shall
adhere to the approved Sign Plan.
S. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code and requirements of the service providers.
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T. No grading permits will be issued for this project without submission to, and
approval by, the Weld County Department of Public Works of Erosion
Control and Sediment Control Plans prepared, stamped, and signed by a
professional engineer, licensed to practice in the State of Colorado. The
applicant is notified that land disturbance on one portion of this site may
require construction of temporary or permanent Erosion Control and
Sediment Control Best Management Practices on other portions of the site.
U. Building permits shall be obtained prior to grading or the construction of any
building or structure. Building permits are also required for signs and
structures, such as bus shelters, if provided.
V. 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 Department of Building Inspection. Residential building plans may be
required to bear the wet stamp of a Colorado registered architect or
engineer.
W. 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.
X. Each residential building will require an engineered foundation based on a
site-specific Geotechnical Report or an"open hole"inspection conducted by
a Colorado registered professional engineer. Engineered foundations shall
be designed by a professional engineer registered in the State of Colorado.
Y. Fire resistance of walls and openings,construction requirements, maximum
building height,and allowable areas will be reviewed at the Site Plan Review.
Setback and offset distances shall be determined by the Weld County Code.
Z. 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 from Chapter23 of the Weld County
Code. Building height shall be measured in accordance with Chapter 23 of
the Weld County Code to determine compliance with offset and setback
requirements. Offset and setback distances are measured from the farthest
projection from the building, a minimum of ten feet for a front yard setback
as requested by the applicant for side loaded and alley loaded single family
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residences. Property lines shall be clearly identified, and all property pins
shall be staked prior to the first site inspection.
AA. The applicant shall supply evidence to the Department of Planning Services
that all requirements of the Mountain View Fire Protection District have been
met.
BB. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
CC. 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.
DD. 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.
EE. The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
FF. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
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. Section 27-8-60 of the Weld County Code-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
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PAGE 14
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.
II. Section 27-8-70 of the Weld County Code-Failure to Commence a Planned
Unit Development Final Plan - If no construction has begun, or no USE
established in the PUD within one(1)year of the date of the approval of the
PUD Final Plan, the Board of County Commissioners may require the
landowner to appear before the it and present evidence substantiating that
the PUD Final Plan has not been abandoned and that the applicant
possesses the willingness and ability to continue the PUD. The Board may
extend the date for initiation of the PUD construction and shall annually
require the applicant to demonstrate that the PUD has not been abandoned.
If the Board determines that conditions supporting the original approval of the
PUD Final Plan have changed,or that the landowner cannot implement the
PUD Final Plan,the Board may,after a public hearing, revoke the PUD Final
Plan and order the recorded PUD Plan vacated.
JJ. 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.
KK. Section 27-8-80.6 of the Weld County Code - Any PUD Zone District
approved in a Final Plan shall be considered as being in compliance with
Chapter 24 of the Weld County Code and Section 30-28-101,et seq.,C.R.S.
LL. No development activity shall commence, nor shall any building permits be
issued on the property,until the Final Plan has been approved and recorded.
MM. The final plat map shall be submitted to the Department of Planning Services
for recording within ninety (90) days of approval by the Board of County
Commissioners. With the final plat map,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).
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PAGE 15
NN. In accordance with Weld County Code Ordinance#2005-7,approved June 1,
2005, should the plat not be recorded within the required ninety (90) days
from the date of the Board of County Commissioners Resolution, a$50.00
recording continuance charge may be added for each additional three (3)
month period.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit two(2) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies,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 the Weld County Code. The Mylar plat and
additional requirements shall be submitted within ninety(90)days from the date of
the Board of County Commissioners Resolution.The applicant shall be responsible
for paying the recording fee.
4. Prior to the release of any building permits:
A. The applicant shall supply the required street signs and Stop signs at
appropriate locations.
B. The applicant shall supply evidence to the Department of Planning Services
that all requirements of the Mountain View Fire Protection District have been
met.
C. Prior to the commencement of construction activities, Stormwater Erosion
Control and Sediment Control Best Management Practices shall be in place
in accordance with approved permits, plans,Weld County Code,and Urban
Drainage Standards. Silt fences shall be maintained on the down gradient
portion of the site during all phases of the site construction.
D. The applicant shall contact the Mountain View Fire Protection District for
review and approval of all access roads. Evidence of Fire District approval
shall be submitted to the Department of Building Inspection prior to
construction on the site.
E. The applicant shall submit street construction plans for the utilities showing
the location of fire hydrants,the size of water mains, and available fire flows
to the Mountain View Fire Protection District for review and approval.
Evidence of approval by the Mountain View Fire Protection District shall be
submitted to the Department of Building Inspection prior to construction on
the site.
F. Stop signs and street name signs,including address ranges,will be required
at all intersections. If standard street signs are not used,the sign type must
be submitted to Mountain View Fire Protection District for review.
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G. The applicant shall submit an eight and one-half inch (8.5") by eleven
inch(11")map showing street configuration,street names, hydrant locations,
and addresses of the lots to the Mountain View Fire Protection District.
H. All single-family and multi-family residences shall have legible addresses that
are clearly visible from the street fronting the property. The address
numbers shall contrast with their background.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of December, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST:
iateleady
eile, CFiair
Weld County Clerk to the Bo•7,'$61 f =' ,
�(B ,a'jd E. Long, Pro-Tem
•
Deputy Clerk to the Board ' - "rL;. ���� •`
William H. Jerke
APPROVED AS TO FOR- • " EXCUSED
Robert D. Masden
i5ty Attorney EXCUSED
// Glenn Vaad
Date of signature: I2 Z o
2006-3259
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