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Home My WebLink About20063260.tiff PUD FINAL PLAT �� ADMINISTRATIVE REVIEW � W�`P�. COLORADO CASE No: PF-1078 PLANNER: Kim Ogle APPLICANT: Tom Morton ADDRESS: Carma Colorado, 188 Inverness Drive West, Suite 150; Englewood, CO 80112 REQUEST: Saint Vrain Lakes PUD Final Plat, First Filing for five hundred forty-two(542)lots with R-1 (Low Density Residential); 409 lots for Townhomes with R-2(Duplex Residential)and R3(Medium Density Residential); C-1 (Neighborhood Commercial); 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 LEGAL Part of Section 35 and Section 36, Township 3 North, Range 68 West of the 6th P.M., DESCRIPTION: Weld County, Colorado. LOCATION: East of and adjacent to I-25 Frontage Road; East and West of County Road 9.5, South of and adjacent to County Road 28; and North of and adjacent to St. Vrain River corridor � ACRES: 468.11+/_ PARCEL#: 1207-36-000056, 120736-000031 1207-35-000051, 120736-000025 1207-35-000049, 120735-000039 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FORTHE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19,22 ,23,24 and 26 of the Weld County Code 1. Section 22-2-210.D.2, PUD Policy4.2-A Planned Unit Developmentwhich includes a residential use should provide 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 resident 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 adventure playground, there are also areas planned for picnic areas and walking trails. The applicant has submitted a Conceptual Landscape plan for the development, staff will require a Detailed Landscape Plan be submitted and ^ approved by the Department of Planning Services prior to recording the Final Plat, First Filing. 2. Section 223-50.B.1, P.Goal 2 "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 Little Thompson Water District for st v.atw ia�es pwn,pFio�a,i 2006-3260 potable water and fire protection requirements and St. Vrain Sanitation District will handle the effluent flow. Little Thompson Water District reviewed the request and finds that it does comply with their comprehensive plans as stated in their referral -- dated September 29, 2006. The St. Vrain Sanitation District reviewed the request and finds no conflicts with their interests as stated in their 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 their 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: One, 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 Engineers 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 Inter-Governmental Agreement. B. Section 27-7-40.C2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. 1. The applicants have been granted a deviation from the twenry performance standards as delineated in Chapter 27, Article II. The Board of County Commissioners approved deviations specific to access requirements,bulk standards for R-2, R-3 and R-4 Zone Districts and C-1,C-2 Zone Districts; internal circulation requirements and compatibility. The applicants have met the remaining Performance Standards as delineated in Section 27-2-10. The Conditions of ^ Approval ensure compliance with Sections 27-2-20 through Section 27-2-220 of the Weld County Code. The applicants have submitted two Improvement Agreements According to Policy Regarding Collateral for Improvements(Private Road Maintenance)and are required to enter into an Off-site Improvements Agreement (Public Road Maintenance) for pavement of County Road 9.5 and County Road 28. The Agreements will be required to be approved and accepted by the Board of County Commissioners prior to recording the Final Plat. C. Section 27-7-40.C.3 --That the uses which would 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. 1. The proposed PUD is located within the Mixed Use Development(MUD)area, and within the three mile Municipal referral area with 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 they have reviewed the request and find no conflicts with their interests. The Town of Firestone in their referral dated January 11, 2006 stated their concerns specific to density of development and the Town of Mead objected to the proposal on several fronts, including density of development, school district impacts, emergency responder impacts and road infrastructure. Weld County's Right to Farm statement as amended has been attached to the Final Plat thus informing any new residents that the area of the surrounding community is agricultural in nature.The Department of Planning Services believes that the granting of this PUD Final Plan will have a � minimal impact on the surrounding land uses. D. Section 27-7-40.C.4--That 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 pertormance standards in Article II, Chapter 27 of the Weld County Code. St VVGiiw 1p'RPS PI.�➢,P�10�8,2 .- 1. Referrals received from the Department of Public Health and Environment during the Change of Zone application phase indicated that the proposed PUD will be serviced by Little Thompson Water District for potable water and fire protection requirements and St.Vrain Sanitation District will handle the effluent flow. The CountyAttorney'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.C.5--That 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 Public Works Department reviewed this request and indicated there are several areas requiring coordination between their office,the State 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. The applicants have submitted two Improvement Agreements According to Policy Regarding Collateral for Improvements (Private Road Maintenance and for Public Road Maintenance). Finalized Improvement Agreements will be required to be accepted by the Board of County Commissioners with the appropriate collateral accepted prior to recording the Final plat, Filing 1. F. Section 27-7-40.C.6 - 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 County Road 28, County Road 9.5 and County Road 11. The Agreement will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. 1. Conditions of Approval and Development Standards ensure that soil conditions shall be considered when placing structures on site. Agreements have been reached with all oil and gas interests on 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 undertaking 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 Road Impact Program. (Ordinance 2002-11) 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. (Ordinance 2005-8 Section 5-8-40) r,.. st vvaiw l41'REs PL(n,P�1038,3 � H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. 1. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The applicant shall enter into an off-site(Public)Improvements Agreement for improvements to County Road 28 south of the centerline, County Road 9.5 south of County Road 28 and that portion of County Road 11 (for dust mitigation)impacted by the development of the First Filing. This agreement shall be approved by the Board of County Commissioners. The agreements and collateral shall be approved and accepted by the Board of County Commissioners prior to recording the Final Plat. (Department of Public Works) 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 Martinez. (Department of Public Works) ^ C. The applicant and Weld County shall enter into an agreement to provide the full-buildout cross-section of County Road 9.5 consisting of a 4-lane arterial roadway with curb, gutter, and associated appurtenances. The Eastern two-lanes of 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. (Department of Public Works) D. The applicant shall submit three complete copies of the covenants for the St Vrain Lakes PUD for review and approval by County Staff. (Department of Planning Services) E. The applicant shall submit evidence that the Weld County Attorney's O�ce has reviewed the Restrictive Covenants and Home Owners Association Incorporation paperwork for St Vrain Lakes PUD. Any changes requested by the Weld County Attorney's Office shall be incorporated. (Department of Planning Services) F. The applicant shall submit finalized copies and the appropriate fee($6 for the first page and $5 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for St. Vrain Lakes PUD in the Office of the Clerk and Recorder. (Department of Planning Services) 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 have been formed and registered with the state. (Department of Planning Services) H. A Signing Plan per the current edition of the MUTCD is required as part of the final roadway plans. The Signing Plan may include street names,stop,yield,no outlet or other associated � st vraLw�arzes pun,a�-io�e,a ,- subdivision signing. Written evidence of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) I. The applicant shall submit to Public Works stamped, signed and dated final roadway, drainage, utility/construction plan drawings (full set). Certified drawings will remain in the departmenYs 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. (Department of Public Works) J. The applicant shall submit three (3) additional sets of final roadway, drainage, utility / construction plan drawings (stamped, signed, and dated)to Public Works for Weld County Field Inspectors' use during construction of the subdivision. Written evidence from the Department of Public Works indicating the plans have been submitted shall be given to the Department of Planning Services. (Department of Public Works) 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 St.Vrain Valley School District. (Department of Planning Services) L. The applicant shall provide written evidence to the Department of Planning 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. (Department of Planning Services) M. The applicant shall submit copies of finalized water and sewer agreements with St. Vrain Sanitation and the Little Thompson Water District. (Department of Planning Services) 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 are deeded to the Metropolitan District. (Department of Planning Services) O. The applicant shall submit written evidence to the Department of Planning 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. (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 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. (Department of Public Works) � st vratw La�,es aun,p�xo3a,s ,... 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. .W ritten evidence of acceptance of this report shall be submitted to the Department of Planning Services. (Department of Public Works) 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 surtace elevations in the adjacent channels and swales. (Department of Public Works) 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 keyfeatures, shall be submitted in digital format to Weld County upon completion and final acceptance by the County. (Department of Public Works) 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 243- 50.G of the Weld County Code. The Plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) 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. (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. (Department of Planning Services) 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. (Department of Planning Services) 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 Metropolitan District. (Department of Planning Services) Z: 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 Southwest Weld County Law Enforcement Authority(SWCLEA)(if it has been created) or for creation of a separate Law Enforcement Authority(LEA) (if it was not created).A LEA is a taxing unit with a maximum mill levy of 7 mills created for the purpose of providing additional law enforcement bythe county sheriff to the residents of the developed or developing unincorporated Weld County.The revenues would 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. (Department of Planning Services) St vraiw Lal2es➢un,PR10�R,6 ,� AA. The Plat shall be amended to include the following: 1. All sheets of the Final Plat shall be labeled PF-1078, First Filing. (Department of Planning Services) 2. The Final Plat shall be in compliance with Section 27-9-20 of the Weld County Code. (Department of Planning Services) 3. Common-use boat ramp(s)swim beaches,picnic areas,etc. shall be delineated on the Final Plat. (Department of Public Health and Environment) 4. Passive and active recreational uses shall be defined on the plat. (Department of Public Health and Environment) 5. All utility easements shall be indicated on the plat as approved by the Weld County Utility Advisory Committee. (Utility Advisory Committee) 6. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E, as amended, of the Weld County Code. (Department of Planning Services) 7. The applicant shall contact the Colorado Department of Transportation regarding the future right-of-way for the County Road 28 under-crossing at Interstate 25. (Department of Planning Services) '" 8. County Road 9.5 is classified by the County (Weld County I-25 Parallel Arterial Study, September 2003) as a major arterial road and requires a 140-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. (Department of Public Works) 9. County Road 28 is classified by the County (I-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. (Department of Public Works) 10. The applicant shall delineate the locations of the accepted Saint Vrain School District and Post Office of jurisdiction proposed bus shelter(s)and mailbox location(s). (Department of Planning Services) 11. All internal local road rights-of-way shall be approved by Weld County Department of Public Works and dedicated to the public. (Department of Public Works) 12. No. 3 Ditch, the Highland Ditch, and the Hayseed Ditch must be appropriately labeled and dimensioned, including setbacks. (Department of Planning Services) 13. The plat shall delineate the 400-foot by 400-foot,and the 800-foot by 800-foot oil and gas drilling envelope locations, per State statute, if applicable. (Department of Planning Services) St vvaiw Lal2ts P✓.D,PRi0�8,3 ,.-. AB. 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). (Department of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Piat as notes prior to recording: A. The Final Plat, First Filing for five hundred forty-two (542) lots with R-1 (Low Density Residential);409 lots for Townhomes with R-2(Duplex Residential)and R3(Medium Density Residential); C-1 (Neighborhood Commercial); 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 in the Mixed Use Development(MUD)Overlay District-St. Vrain Lakes PUD, 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. (Department of Planning Services) 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. (Department of Planning Services ^ D. The Open Space lots are non-buildable for residential structures or structures providing habitable space. (Department of Planning Services E. Water service shall be obtained from the Little Thompson Water District. (Department of Public Health and Environment) F. Sewer service shall be obtained from the Saint Vrain Sanitation District. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) I. A Colorado Department of Public Health and Environment Construction Stormwater Discharge Permit will be required for a developmenU redevelopmenUconstruction 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. (Department of Public Health and Environment) 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 St VrAiw 6p1�[5 Pu.D,PR1038,8 � the Weld County Department of Public Health and Environment,a Fugitive Dust Control Plan must be submitted. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (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. (Department of Planning Services) 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. (Department of Planning Services) O. A Metropolitan District shall be established prior to the sale of any lot. The District is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities. Open space restrictions are permanent. (Department of Planning Services) ^ P. The Southwestern Weld County Law Enforcement District shall be established prior to the sale of any lot. (Department of Planning Services) R. Intersection sight distance triangles at development entrances will be required. All landscaping within the triangles must be less then 3.5 feet in height a maturity. (Department of Public Works) S. All signs, including entrance signs, shall require building permits. Signs shall adhere to the approved Sign Plan. (Department of Public Works) T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and requirements of the service providers. (Department of Planning Services) U. No grading permits will be issued for this project without submission to,and approval by,the Weld County Department of Public Works for Erosion Control and Sediment Control Plans prepared, stamped, and signed by a professional engineer licensed to practice in 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. (Department of Building Inspection) V. 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. (Department of Building Inspection) W. 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 St VVRCv�lPl2Es PUD,PR10�8,� ,-. 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. (Department of Building Inspection) X. Buildings shall conform to the requirements of the Codes adopted by Weld County atthe time of permit application. Currently,Weld County has adopted the following:2003 International Residential Code, 2003 International Building Code, 2003 International Mechanica� Code, 2003 International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code. (Department of Building Inspection) Y. 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. (Department of Building Inspection) Z. 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. (Department of Building Inspection) AA. 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 Chapter 23 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 residences. Property lines shall be clearly identified, and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) AB. The applicant shall supply evidence to the Department of Planning Services that all requirements of the Mountain View Fire Protection District have been met. . (Department of Building Inspection) AC. The property owner shall be responsible for complying with the Performance Standards of Chapter 27,Articles II and VIII,of the Weld County Code. (Department of Planning Services) AD. 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. (Department of Planning Services) AE. 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. (Department of Planning Services) AF. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) .-. st vra[w�aRes nun,p�ioga,so �. AG. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) AH. 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. AI. 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 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. � AJ. 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. AK. 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. AL. Section 27-8-80.B 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., CRS. � AM. No development activity shall commence, nor shall any building permits be issued on the s�waCw 6alzcs pkn,n�-1o�4,ss � property until the final plan has been approved and recorded. (Department of Planning Services) AN. 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 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). AO. 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 may be added for each additional three (3) month period. 3. Upon completion of 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 Department of Planning Services'Staff. 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 thirty(30)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. (Department of Public Works) 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 Districtfor review and approval of all access roads. Evidence of Fire District approval shall be submitted to the Department of Building Inspections prior to construction on the site.(Mountain View Fire Protection District) E. The applicant shall submit street construction plans forthe 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 Fire District approval shall be submitted to the Department of Building Inspections prior to construction on the site. (Mountain View Fire Protection District) 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 for review. (Mountain View Fire Protection District) ^ sc waCw 6alxes Pun,pFzo�e,i� ,^. G. The applicant shall submit an eight and one-half inch by eleven inch map showing street configuration,street names,hydrant locations and addresses of the lots to the Mountain View Fire Protection District. (Mountain View Fire Protection District) H. All single-family and multi-family residences shall have a legible address that is clearly visible from the street fronting the property. The address numbers shall contrast with their background. (Mountain View Fire Protection District) � r StVv41Cv�Lah�c PI.D,PF1038,i3 ... ,.., � DEPARTMENT OF PLANNING SERVICES Southwest Service Center Office �� 4209 County Road 24.5 '� Longmont, CO 80504 PHONE: (720) 652-4210, Ext. 8730 W��i FAX: (720)652-4211 COLORADO September 21, 2006 Tom MOAon Carma Colorado 188 Invemess Drive West, Suite 150 Englewood CO 80112 Subject: PF-1078- Request for PUD Final Plan for 548 single family residential lots along with 230 acres of opens space and continuing Oil and Gas Production Uses (St.Vrain Lakes PUD)on a parcel of land described as Part of Sections 35 and 36,T3N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, October 19, 2006, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10t° Street, Greeley, Colorado. The Board of County Commissioners hearing is scheduled for Wednesday, December 6, 2006 at '�1:00 a.m. This meeting will take place in the Chambers of the Board of County Commissioners at 915 10'"Street, First , ioor, Greeley Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Firestone, Frederick, and Mead Planning Commission for their review and comments. Please call Firestone at 303-8333291, Frederick at 303-833- 2388 and Mead at 970-535-4477, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. in ely, im g Plann � ... .-. a �� DEPARTMENT OF PLANNING SERVICES Planning Division SOUTHWEST OFFICE 4209 CR 24.5 ^ LONGMONT, CO 80504 �� . kogle@co.weld.co.us PHONE: (720) 652-4210, Ext. 8747 COLORADO FAX: (720)652-4211 August 30, 2006 Tyler Packard Carma Colorado Highland Place II 9110 E. Nichols Avenue. Ste. 180 Englewood CO 80112 Subject: St. Vrain Lakes PUD Final Plat, First Filing, Application Fee Dear Tyler: The Department of Planning Services received the application and supporting documents for the Final Plat, First Filing of the St. Vrain Lakes PUD. A check was enclosed in the amount of 57,800.00 dollars for the purported fees. The Department of Planning Services reviewed this amount and offers the following calculation for fees associated with this Filing to be as follows: ^ PUD of 10+ Lots 3000.00 USD 548 Lots x 100./Lot 54800.00 USD Urban Scale Development assessed an additional thirty(30) percent of application fees Calculated 30% Fee 17,340.00 USD Total Application Fee for First Filing: 72,140.00 USD The Department of Planning Services requests that arrangements be made to submit additional monies to cover the calculated fees associated with this Filing. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim O Plannin anager File: PF-1078 J.Wittow, Greeley � � DEPARTMENT OF PLANNING SERVICES � � � Planning Division SOUTHW EST OFFICE ^ 4209 CR 24.5 LONGMONT, CO 80504 kogle@co.weld.co.us PHONE: (720)652-4210, Ext. 8747 C� FAX (720)652-4211 COLORADO October 27, 2006 Tyler Packard Carma Colorado Highland Place II 9110 E. Nichols Avenue, Suite 180 Englewood CO 80112 Subject: Signs associated with the St. Vrain Lakes PUD Dear Tyler: The Department of Planning Services has been in correspondence with you as representative for Carma Colorado,applicantfor the St.Vrain Lakes PUD, case number PF-1078. In late September r staff was notified of a billboard type sign placed on a semi-trailer and located on lands associated with the St. Vrain Lakes PUD. Staff contacted your office with concerns raised on the permitting of this sign. Staff determined that Weld County had not been advised or consulted regarding the pending sign, and that the applicant had only had conversation with the Colorado Department of Transportation. UnderArticle 4, Supplementary District Regulations, Division 2, Signs. Section 23-4-60. Purposes and Applicability states: A. The purposes of this Division are the following: to encourage the effective use of signs as a means of communication in unincorporated Weld County; to maintain and enhance the visual corridors and the County's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. More specifically, the regulations set forth in this Division are intended to: 1. Establish a system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this Division. 2. Allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive ,.—. requirements of this Division, but without a requirement for zoning approval. 3. Prohibit all signs not expressly permitted by this Division. 4. Provide for the enforcement of the provisions of this Division. � 5. No sign shall be erected, placed, established, painted, created or maintained in unincorporated Weld County unless it is in conformance with the standards, procedures, exemptions and other requirements of this Division. (Weld County Code Ordinance 2006-2) Further, Appendices 23-C delineates the permitted signs by District. A billboard style sign is not permitted in a PUD unless specifically called out at the time of Change of Zone for the temporary identification use during construction of the development. Further, Beacons, Roof Signs, Pennants, inflatable, tethered balloons, Portable Signs and strings of light bulbs used for commercial purposes other than traditional holiday decorations are not allowed in any zone district, including a PUD. This development is also within the boundary to the I-25 Mixed Use Development area, therefore Section 26-2-70, Sign District Regulations of the Weld County Code also applies. This Section states: Intent. Within the I-25 MUD areas, signage has become an increasingly important issue, especially along traffic corridors such as I-25 and State Highway 119. While signs serve as important directional, informational and advertising tools, the clustering of signs may obscure the landscape and confuse and distract drivers. Signage controls are intended to protect and preserve the visual quality of the roadways within the I-25 MUD areas while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the I-25 MUD '"` areas. These regulations can be found in Chapter 23, Article IV of this Code. (Weld County Code Ordinance 2006-4). Given the language from the Code sections, and the determination from planning staff, there is no due process available for the applicant, as the type of sign currently providing advertising for this development is not permitted under the Weld County Code. Therefore, the Department of Planning Services requests that this sign be removed from the premises within thirty (30) days of the date of this letter. Failure to bring the property into compliance will result in this issue being forwarded to the Zoning Compiiance Officer for further action. It is further requested that the applicant contact the Department of Planning Services to notify staff that the vehicle and sign have been removed. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim Ogle Planning Manager File:PF-1078 .•�. BOARD OF COUNTY COMMISSIONERS' SIGN POSTING ^ CERTIFICATE THE LAST DAY TO POST THE SIGN IS NOVEMBER 21, 2006 THE SIGN SHALL BE POSIED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POSTONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR SAINTVRAIN LAKES PUD FINAL PLAT, FIRST FILING FOR FIVE HUNDRED FORTY-TWO (542) LOTS WITH R-1 (LOW DENSITY RESIDENTIAL); 409 LOTS FOR TOWNHOMES WITH R-2 (DUPLEX RESIDENTIAL) AND R-3 (MEDIUM DENSITY RESIDENTIAL); C-1 (NEIGHBORHOOD COMMERCIAL); C-2 (GENERAL COMMERCIAL) ZONE USES AND CONTINUING OIL AND GAS PRODUCTION USES ALONG WITH 230.02 ACRES OF OPEN SPACE CONSISl1NG OF A RIVER CORRIDOR, PRIVAlE RECREATIONAL LAKES AND COMMUNITY PARKS Y/�M Ofol.� " Name of Person Posting Sign ( � igna o erson Posting Sign STATE OF COLORADO ) )ss. COUNTY OF W ELD ) The foregoing instrument was subscribed and sworn to me thi�day of�1�, 2006. W ITNESS my hand and official seal. '��o.a_e,,�.. � � WEND��N�a�� r �� NOTAR� � pRA��' Notary Public S My Commission Expires: � �� .�-� zf �a - �� , �� r�rq� NOTICE �rr� Y "':� � A P0BLIC NEARINC CONCERNINC � +°^t ' TNIS PR0PERiY W�� g r �` �,g� ; kpia ��,, E NELD Ai: � � k{��` ...' 91S 1O� ��e' aA�fa �'"' „-f � an.�a a _ '. �� ,�h__ 0N DPc O(� � A � �,. . r �� 200�x ,1T1O�� :� ""p� . ' � •� N4MFTovnAlo�+on . ('W '9n��.a ��"; ma LLC_ .�'�-,'4y� +�, � a.tif. '� ecputsr Sr.Urzun � � � a Fny }r� F.`�S F (AI s � CqSF N0. PF �(��j�;� � ' '�` , F0R M0RE INF0RMATI0N Cp��pEs -� ' �'#"�' � WELD C0UNiY \ � ' � DEPqRiMENT 0F � PLANNING SERVICES Ai �"�" �` " '�`' (970)353-6100 ext 3540 -� ' � � '�'�r�c�� r ^a,p�`�, , � f - - - � : ;"r. - �,..'.:; � k > � � -_ . . . ._.. � '-. . . . . �..k r. .<.... �. We ��. NOTICE Wi `oc � , 11 PUBLIC HEARING CONCERNING F iHIS PROPERTY WILL BE NELD AT: Weld Coun Can+avdz+ ! Cran+er � ��3v`' q \S \O�� 0�reela�. CO ''v �� ON DP,C Olo , 20 �AT �Oarn � •:°� -a� .• . . NIIME�OM Mo(tDn . 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Nichols Avenue, Suite 180, Englewood CO 80112 REQUEST: Saint Vrain Lakes PUD Final Plat, First Filing for five hundred forty-two (542) lots with R-1 (Low Density Residential); 409 lots for Townhomes with R-2 (Duplex Residential)and R-3 (Medium Density Residential); C-1 (Neighborhood Commercial); 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 LEGAL Part of Section 35 and Section 36, Township 3 North, Range 68 West of the 6'h DESCRIPTION: P.M., Weld County, Colorado. LOCATION: East of and adjacent to I-25 Frontage Road; East and West of County Road 9.5, South of and adjacent to County Road 28; and North of and adjacent to St. Vrain River corridor �— N A(Agricultural) N Agricultural lands, within MUD Boundary E A(Agricultural) E Agricultural lands S A(Agricultural) S St Vrain River, Southwest Service Center- County Offices W A(Agricultural) W Town of Mead Corporate Limits-Abandoned Batch PIanU I-25 Frontage Road COMMENTS: Land is vacant, the site of a former mining operation that is no longer operation. Site Reclamation is complete. There are no improvements on site. There is one point of access from the I-25 Frontage Road, a two lane paved road, posted speed is 55 MPH. The property is fenced, with some points of ingress and egress gated. . The land lies low near the two lakes north of the St Vrain Creek. Elevation at the lakes edge is approximately 4816 and steps up to the north through a series of terraces to a high point adjacent to County Road 28 with an elevation of 4920. Change in grade is approximately 100 feet. Native grasses predominate the site with a few trees near the creek. (Lands near River, sloping to North) Land south of and adjacent to County Road 28 in this Filing were historically agricultural, however, there has been substantial overlot grading in anticipation of development patterns and recreational amenities. County Road 28 is two lane local gravel road with sixty feet of right-of-way. There is an under-crossing of ^- I-25 on a western alignment with County Road 28. There are several structures in the area bordered by the proposed St. Vrain lakes PUD (Carma) development. Several of the residences will remain, and are not a part of the development, and for the near future, those strucutres purchased as part of later flings remain. r-. Visual assessment. The property looks over and across St Vrain State Park, the St. Vrain Creek, �nterstate 25 and Agricultural lands. The long view to the west include the front range foothills and mountains beyond. Visual Inspection Noted: X House(s)-Several in area, all appear to be legal, some to remain as part of application X Derelict Vehicles-Not in Filing 1, Phase 1-6 X Outbuilding(s)-Not in Filing 1, Phase 1-6 X Access to Property- based on Plan to be approved by others X Irrigation Sprinkler-Not in Filing 1, Phase 1-6 �? Crop Productions �? Crops X Site Distance ❑? Wetlands X Mobile Home(s)-Not in Filing 1, Phase 1-6 X Oil &Gas Structures X Other Animals On-Site- Not in Filing 1, Phase 1-6 ❑? Wildlife X WaterBodies X Utilities On-Site(transmission lines)- Easements ❑? Ditch X 7opography-slopes south from SH 66 X Non-commercial junkyard (list components): Not in Filing 1, Phase 1-6 , � '� � ,� Signature: Kim O e, ner November 20, 2006 Signs posted on the date .—. Hello