HomeMy WebLinkAbout20060691.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ #1078, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH
E (ESTATE), R-1 (LOW DENSITY RESIDENTIAL), R-2 (DUPLEX RESIDENTIAL), R-3
(MEDIUM DENSITY RESIDENTIAL), R-4 (HIGH DENSITY RESIDENTIAL), C-1
(NEIGHBORHOOD COMMERCIAL), C-2 (GENERAL COMMERCIAL), AND
CONTINUING OIL AND GAS PRODUCTION USES IN THE MIXED USE
DEVELOPMENT (MUD) OVERLAY DISTRICT (ST. VRAIN LAKES PUD) - CARMA
(COLORADO), INC.
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 15th day of March,2006,at 10:00 a.m.for the
purpose of hearing the application of Carma(Colorado), Inc., Highland Place II,9110 East Nichols
Avenue,Suite 180, Englewood, Colorado 80112, requesting Change of Zone,PZ#1078,from the
A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District,with E(Estate),
R-1 (Low Density Residential), R-2 (Duplex Residential), R-3 (Medium Density Residential),
R-4(High Density Residential),C-1 (Neighborhood Commercial),C-2(General Commercial),and
continuing oil and gas production uses in the Mixed Use Development (MUD) Overlay District -
St. Vrain Lakes PUD for a parcel of land located on the following described real estate, to-wit:
Parts of Sections 25, 35, and 36, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Tom Morton and Tyler Packard, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and,having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a - The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter23(Zoning),Chapter24(Subdivision),and Chapter 26(Mixed Use
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Development)of the Weld County Code. The proposed site is not presently
influenced by an Intergovernmental Agreement.
1) Section 22-2-110.B (UGB.Goal 2) states, "Concentrate urban
development in, or adjacent to, existing municipalities, or the 1-25
Mixed Use Development area,and maintain urban growth boundary
areas that provide an official designation between future urban and
non-urban uses." 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. The Town
of Mead requests that this development not be approved as an
unincorporated project and that the applicant be required to petition
either the Town of Mead or the Town of Firestone for annexation. In
addition, the Town of Mead states there are too many unresolved
issues,including road networks,how the residents of this project will
receive services, etcetera. The Town of Frederick has indicated it
has reviewed the request and finds no conflicts with its interests.
The Town of Firestone, in its referral dated January 11,2006,stated
the residential densities appear to be significantly higher than a
typical residential development in Firestone. Having such a high
single family detached residential density could negatively impact
development quality and public safety. The attached Conditions of
Approval adequately address these issues.
2) Section 22-2-230.A(MUD.Goal 1) states, "To plan and to manage
growth and to provide for ease of inclusion in the 1-25 Mixed Use
Development area and urban development nodes so as to balance
relevant fiscal,environmental,aesthetic and economic components
of the area." The proposal assures that new development occurs in
such a manner as to maintain an attractive working and living
environment. Further, all applicable standards and regulations,
unless otherwise modified herein, of Chapters 22, 23,26, and 27 of
the Weld County Code,shall be integrated in the design of the Final
Plan and will be addressed through the Site Plan Review process.
The site design integrates residential, neighborhood commercial,
environmental,aesthetic,and economic components into a cohesive
unit that is attractive and compatible with surrounding land uses. The
Development Standards ensure that there are adequate provisions
for the protection of the health,safety,and welfare of the inhabitants
of the neighborhood and County.
a. Section 26-1-50.B.1.a (MUD.C.Goal 1)states, "Establish a
sense of community identity within the Mixed Use
Development area by planning and managing residential,
commercial, industrial, environmental, aesthetic, and
economic components of the area." The land uses shown on
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the Change of Zone plat reflect the uses shown on the
Amended MUD Structural Land Use Map 2.1, dated
June 2005.
b. Section 26-1-50.B.4.a (MUD.C.Goal 4) states, "The
coordination of municipal,county,regional,and state growth
policies and programs, which includes the Mixed Use
Development area, may be evaluated in order to minimize
discrepancies, promote a better understanding of growth
dynamics in the area, avoid duplication of services, and
provide economies of scale." The project is compatible with
existing surrounding uses in terms of general uses, building
height, scale, density, traffic, dust, and noise. The PUD
process allows for flexibility and variety needed to offer a
range of products, services, and uses.
c. Section 26-1-60.C.1.a (MUD.P.Goal 1) states, "Provide
efficient and cost-effective delivery of adequate public
facilities and services which assure the health, safety, and
general welfare of the present and future residents of the
area." The site is located in an area where infrastructure
needs will be provided when construction begins on the
project, St. Vrain Lakes PUD. The application has signed
agreements in place with the Saint Vrain Sanitation District
and the Little Thompson Water District. The Weld County
Attorney's Office has indicated that the agreements
submitted by the applicant are adequate.
d. Section 26-1-70.C.1.a (MUD.T.Goal 2) states, "Promote a
pedestrian trail system to service transportation and
recreation purposes within the Mixed Use Development area."
Several pedestrian and open space connections are
proposed to connect the components of the development and
the surrounding properties and developments.
e. Section 26-1-50.B.3.a(MUD.C.Goal 3)states, "Community
form and identity shall be encouraged through the
enhancement and preservation of natural resources and
features." Where feasible, drainage ways shall be
maintained in their natural state to ensure optimal re-charge
(Section 26-1-50.B.3.c, MUD.C.Policy 3.2). Impacts to air
quality will be minimized (Section 26-1-50.B.3.d, MUD.C.
Policy 3.3). Disturbed areas will be re-vegetated immediately
following construction. In order to minimize wind and soil
erosion,temporary stabilization measures will be established
until permanent cover is in place. (Section 26-1-50.B.3.f,
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MUD.C.Policy 3.5). Native species have been selected for
some of the re-vegetation. (Section 26-1-50.B.3.g, MUD.C.
Policy 3.6).
f. Section 22-3-140.B (T.Goal 2) states, "A county-wide trail
system should be considered to service transportation and
recreation purposes." Several pedestrian and open space
connections are provided to connect the four phases of the
development and the surrounding area, including potential
future connections to the St. Vrain Trail, adjacent
municipalities, and subdivisions.
g. Section 22-3-140.A(T.Goal1) states,"Provide a unified and
coordinated county-wide street and highway system which
moves people and goods in a safe,economical,and efficient
manner." The proposed development will comply with
Sections 22-3-60 through 22-3-140 of the Weld County Code.
Access to the development will preserve the existing and
future function of roads and highways affected by this
proposed development. Traffic generated by the proposed
development will conform to the recommendations and
requirements of the Department of Public Works, the Town
of Mead, and the Colorado Department of Transportation
(CDOT).
h. Section 26-1-70.C.3.a(T.Goal 3)states,"New development
within the Mixed Use Development area shall provide a
mechanism for balancing relevant fiscal and economic
components of transportation systems." An overall traffic
impact analysis and supplemental traffic analysis have been
prepared for this development,which will address cumulative
development impacts created by this project and suggest
appropriate project mitigation. Further, the applicant is
proposing a Metropolitan District for the maintenance
obligations of improvements in the St. Vrain Lakes PUD
Metropolitan District numbers 1 through 4;and the applicant
is participating in the Southwestern Weld County Law
Enforcement Authority.
Section 22-3-50.B (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 Mountain View Fire Protection
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District has reviewed the proposal and does not object to the
proposed changes.
b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20, Access Standards -The site layout will provide a
network of local, collector, and arterial classified streets. A
greenway/trail system is designed to connect the various
components of the development for pedestrian and bicycle traffic,as
well as provide recreational opportunities. The project offers an
opportunity to accommodate significant transportation improvements
in the area. Weld County Roads 13 and 9.5 are classified as major
arterial roads with significant improvements. Weld County Road 28
is classified as a minor arterial road which will also be significantly
improved. These roads will be maintained by Weld County. Weld
County Road 11 has been annexed by the Town of Mead,therefore,
coordination of roadway improvements meeting MUD criterion,
number of access points, and signalization requirements shall be
coordinated with the Town. State Highway66 has been annexed by
the Town of Mead, however, the Colorado Department of
Transportation(CDOT)maintains the segment of roadway adjacent
to the development. CDOT, in its electronic referral dated
October 26, 2005, stated it will allow full movement access to State
Highway 66 at the existing intersections with Weld County Roads 11
and 13. Additional full movement access will be considered if placed
one half mile between Weld County Roads 11 and 13. Other access
will also be considered provided the criteria stated in the State
Highway Access Code can be met. Review of these considerations
will be undertaken in Filings and Phases at the time of Final Plan
review.
2) Section 27-2-40, Bulk Requirements-The applicant has proposed
a deviation from the bulk requirements,as set out in the Weld County
Code, for the residential component. It is important to note that all
R-2, R-3, R-4, C-1, and C-2 zoned development in a PUD requires
a Site Plan Review application,as defined in Chapter 23 of the Weld
County Code. The building height will be determined by Chapter 23
of the Weld County Code.
3) Section 27-2-50, Circulation Requirements - The applicant has
proposed a deviation from the internal local residential roadway
requirements, as set out in the Weld County Code, specifically the
MUD road criteria. A letter requesting a variance was submitted with
the Change of Zone application materials. The variance presented
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for consideration is for a 60-foot right-of-way for the local roadway
section, a 32-foot flow line to flow line width, and a 50-foot radius
cul-de-sac for the St. Vrain Lakes PUD.
4) Section 27-2-70, Compatibility-The proposed site is located south
of and adjacent to State Highway 66, east of and adjacent to the
existing 1-25 Frontage Road/Weld County Road 9.5 and Weld County
Road 11, west of Weld County Road 13, and north of Weld County
Road 26. The Sekich Commercial Business Park, the proposed
Meadow Ridge Residential/Commercial PUD,and the Grand View
Estates PUD are located to the north of the proposed St.Vrain Lakes
PUD across State Highway 66. The Corporate City Limits of the
Town of Mead are adjacent to the west, agricultural lands are to the
east,including the Aurora Organic Dairy,approximately one(1)mile
to the east of Weld County Road 13, and the Southwest Service
Center, multiple residential properties, and a multi-lot PUD is to the
south, south of the St. Vrain River. The site is designated as
residential, commercial and areas of limiting site factors on the
Amended 1-25 Mixed Use Development Area Structural Plan, Map 2.1
Structural Land Use Map, dated June 2005. The applicant has met
the remaining Performance Standards as delineated in Section
27-2-10. The Conditions of Approval ensure compliance with
Sections 27-2-20 through 27-2-220 of the Weld County Code.
c. Section 27-6-120.D.5.c-The uses which will be permitted will be compatible
with the existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code or master plans of affected
municipalities. The proposed PUD is located within the Mixed Use
Development (MUD) area, and within the three-mile referral area for the
Towns of Mead, Firestone, and Frederick. The Town of Frederick has
indicated it has reviewed the request and finds no conflicts with its interests.
The Town of Firestone, in its referral dated January 11, 2006, stated the
residential densities appear to be significantly higher than a typical residential
development in Firestone. Having such a high single family detached
residential density could negatively impact development quality and public
safety. In addition,the Town of Mead, in its referral dated January 5,2006,
cites objections to the County's consideration of this project on several
counts.
d. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27,Article II,of the Weld County Code.
The Department of Public Health and Environment states 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
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the effluent flow. The Weld County Attorney's Office has indicated the
agreements submitted by the applicant are adequate for the Change of Zone.
The application has satisfied Chapter 27 of the Weld County Code in regard
to water service. An agreement between the Little Thompson Water District
and the applicant was included in the application material. However,there
was no letter of intent, availability, or discussion of service areas from the
Saint Vrain Sanitation District included in the application materials. The Weld
County Attorney's Office has indicated the agreements submitted by the
applicant are adequate for the Change of Zone. Active and passive
recreational opportunities are located within this proposed development.
While the Change of Zone application does not elaborate,the Sketch Plan
application states these opportunities will include such things as sports
fields,a fitness/recreation center,swimming pool,trails,beaches,small boat
docks,fishing pier,picnic grounds,bike paths,playgrounds,etcetera. These
varied recreational opportunities must address the sanitation requirements
of any area where people work, live, or congregate. The applicant states
permanent restroom and hand washing facilities will be placed in close
proximity to those public gathering areas where water and sewer services
are available. The applicant also states that restroom facilities will be placed
around the lake as recommended in the Sketch Plan comments. Any swim
beach requires compliance with the water quality standards of the Colorado
Department of Public Health and Environment Swimming Pool and Mineral
Bath Regulations. The initial impact plan submitted in the Change of Zone
application materials appears to address all the environmental impacts of
Section 27-6-40 of the Weld County Code.
e. Section 27-6-120.D.5.e-Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. The Weld County Department of Public Works, and its
consultant, Felsburg, Holt and Ullevig, have reviewed the proposal and are
in support of this application with the conditions outlined in the referrals dated
November 15,2005,and January 6,2006,and a supplemental memorandum
also dated January 6, 2006. The Colorado Department of Transportation
provided comment by electronic mail on January 6, 2006, with specific
concerns that will be addressed during the Final Plan application process.
Stop signs and street name signs will be required at all intersections, and
shown on a signing plan on final roadway plans for each development phase.
The current edition of the Manual on Uniform Traffic Control Devices
(MUTCD) shall govern the Signing Plan.
f. Section 27-6-120.D.5.f-The Weld County Departments of Public Works and
Planning Services shall require an Improvements Agreement in accordance
with Section 27-6-120.6.f of the Weld County Code for improvements to St.
Vrain Lakes PUD, and all on-site and off-site improvements at the time of
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Final Plan. Additionally, documentation for the Metropolitan District will be
required to be approved for internal road construction and maintenance.
g. Section 27-6-120.D.5.g - There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The Preliminary Geotechnical Engineering Report-Proposed
Mixed-Use Development, Carma Weld County Site,Weld County Road 30
(Highway 66) and Interstate 25 - Weld County, Colorado, dated May 26,
2004, by Terracon (Terracon Project No. 25045122) is satisfactory. The
Master Drainage Report and Stormwater Management Guide for St.Vrain
Lakes PUD Development, dated December 5, 2005, by Kevin Jennings,
E.I.T. and Fred Tafoya, P.E., with Carroll and Lange, Inc. (JN: 3075) is
generally acceptable. The Department of Public Works requires that, for
Final Plan approval of each Phase of the St.Vrain Lakes PUD,the applicant
shall submit the appropriate documentation,including Final Drainage Report
and Final Construction Drawings and Plans.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District uses and the Specific Development Guide. The submitted Specific
Development Guide accurately reflects the Performance Standards and
allowed uses described in the proposed zone district, as described
previously. The Department of Planning Services is requesting review by the
Board of County Commissioners for each Filing and Phase, given the
intensity and size of the proposed development.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Carma(Colorado), Inc., for Change of Zone, PZ#1078,
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District,with
E (Estate), R-1 (Low Density Residential), R-2 (Duplex Residential), R-3 (Medium Density
Residential), R-4 (High Density Residential), C-1 (Neighborhood Commercial), C-2 (General
Commercial), and continuing oil and gas production uses in the Mixed Use Development(MUD)
Overlay District(St.Vrain Lakes PUD), on the above referenced parcel of land be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
October 28,2005. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The applicant shall address the requirements and concerns of the No. 3
Outlet Ditch and the Highland Ditch Company, as stated in the application
correspondence dated June 10, 2005, and May 24, 2005, respectively.
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Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
C. The applicant shall attempt to address the requirements and concerns of the
Town of Mead, as stated in the referral response dated January 5, 2006.
Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
D. The applicant shall attempt to address the requirements and concerns of the
Town of Firestone,as stated in the referral response dated January 11,2006.
Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
E. The applicant shall address the requirements and concerns of the St.Vrain
Valley School District,as stated in the referral response dated November 15,
2005. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
F. The applicant shall address the requirements and concerns of the St.Vrain
Sanitation District, as stated in the Agreement for the Provision of Sanitary
Sewer Service dated July 6, 2005. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
G. The applicant shall attempt to address the requirements and concerns of the
Longmont Soil Conservation District,as stated in the referral response dated
November4,2005. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
H. The applicant shall attempt to address the requirements and concerns of the
Office of the State Engineer, as stated in the referral response dated
October 31,2005. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
The applicant shall attempt to address the requirements and concerns of the
State of Colorado Division of Wildlife,as stated in the referral response dated
November8,2005. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
J. The applicant shall attempt to address the requirements and concerns of the
Mountain View Fire Protection District, as stated in the referral response
dated November3,2005. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
K. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral responses dated
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November 15,2005,and January6,2006. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
L. The applicant shall address the requirements and concerns of Felsburg,Holt
and Ullevig,private consultant to the Department of Public Works,as stated
in the referral response dated November 15, 2005, and electronic mail
comments of January 6,2006. Written evidence of such shall be submitted
to the Weld County Department of Planning Services.
M. The applicant shall address the requirements and concerns of the
Department of Public Health and Environment, as stated in the referral
response dated November 23, 2006. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
N. The applicant shall address the requirements and concerns of the
Department of Building Inspection,as stated in the referral response dated
November 1,2005. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
O. The applicant shall provide 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.
P. The applicant shall provide the Department of Planning Services with a Sign
Plan that conforms with Chapters 23,26,and 27 of the Weld County Code.
Q. The applicant shall address the requirements and concerns of CDOT, as
stated in the referral responses dated October 26,2005, October 27,2005,
and January 6, 2006. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
R. The applicant shall provide evidence from the Division of Minerals and
Geology stipulating that the amended reclamation activities have adequately
been addressed and are in conformance with the submitted application and
supporting documents.
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S. The applicant shall submit, and be conditionally approved for, all signs
associated with this development,including dimension,location,illumination,
and material type.
T. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PZ-1078.
2) The applicant shall adhere to the plat requirements in preparation of
the Change of Zone plat, per Section 23-2-690 of the Weld County
Code.
3) Weld County's Right To Farm Statement, as it appears in the Weld
County Code, Appendix 22-E, shall be placed on the plat.
4) The applicant shall contact the Colorado Department of
Transportation regarding the future right-of-way for State Highway 66,
and delineated it as existing and future right-of-way for future
expansion of State Highway 66 on the plat.
5) Weld County Road 13, adjacent to the east of the development, is
classified by the Weld County Roadway Classification Plan,
June 2002, as a major corridor- arterial road, which 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 Change of Zone plat. If the right-of-way cannot be
verified,it will be dedicated. This road is maintained by Weld County.
6) Weld County Road 9.5, adjacent to the west of the development, is
classified by the Weld County 1-25 Parallel Arterial Study,
September 2003,as a major arterial road,which 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
Change of Zone plat. If the right-of-way cannot be verified, it will be
dedicated. This road is maintained by Weld County.
7) Weld County Road 28 is classified by the 1-25 Mixed Use
Development Area Structural Plan - Map 2.2 Structural
Transportation Network,July2004,as a minor arterial road within the
development and requires 110 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 Change of Zone plat. If the
right-of-way cannot be verified, it will be dedicated. This road is
maintained by Weld County.
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8) Weld County Road 11 has been annexed by the Town of Mead. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way shall be noted on the Change of Zone plat.
If the right-of-way cannot be verified, it will be dedicated. This road
is maintained by the Town of Mead.
9) The internal local road right-of-way shall be 60 feet in width,including
cul-de-sacs with a 65-foot radius, and dedicated to the public. The
internal collector road right-of-way shall be 80 feet in width and
dedicated to the public.
10) The No. 3 Ditch,the Highland Ditch, and the Hayeed Ditch must be
appropriately labeled and dimensioned, including setbacks.
11) 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.
2. The Change of Zone is conditional upon the following and that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. The Change of Zone, PZ#1078, is from the A(Agriculture)Zone District to
the PUD (Planned Unit Development) Zone District, with E (Estate), R-1
(Low Density Residential), R-2(Duplex Residential), R-3(Medium Density
Residential), R-4 (High Density Residential), C-1 (Neighborhood
Commercial), C-2 (General Commercial), and continuing oil and gas
production uses 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. 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.
C. The Open Space lots are non-buildable for residential structures or
structures providing habitable space.
D. Water service shall be obtained from the Little Thompson Water District.
E. Sewer service shall be obtained from the Saint Vrain Sanitation District.
F. 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.
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G. 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.
H. A Colorado Department of Public Health and Environment Construction
Stormwater Discharge Permit will be required for a development/
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,atwww.cdphe.state.co.us/wq/PermitsUnitfor
more information.
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.
J. 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.
K. 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.
L. Weld County's Right to Farm Statement,as provided in Appendix 22-E of the
Weld County Code, shall be recognized at all times.
M. 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.
N. 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.
O. A Homeowners'Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner.
P. The Southwestern Weld County Law Enforcement District shall be
established prior to the sale of any lot.
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Q. Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less then 3.5 feet in
height a 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.
T. 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.
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.
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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 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.
AA. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
BB. 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.
CC. 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.
DD. 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.
EE. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
FF. The Change of Zone plat map shall be submitted to the Department of
Planning Services for recording within thirty(30) days of approval by the
Board of County Commissioners. With the Change of Zone plat map, the
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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).
GG. 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. At the time of Final Plan submission:
A. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations, and
dimensioned on the final plat. Easements shall follow rear and side lot lines
and shall have a minimum total width of twenty(20)feet apportioned equally
on abutting properties. Where front line easements are required,a minimum
of fifteen (15)feet shall be allocated as a utility easement.
B. The applicant shall provide the Department of Planning Services with a copy
of the Restrictive Covenants,the Metropolitan District,the Law Enforcement
Authority, and Homeowners' Association Incorporation paperwork for
St. Vrain Lakes PUD for review by the Weld County Attorney's Office. Any
changes requested by the Weld County Attorney's Office shall be
incorporated.
C. The applicant shall provide an Improvements Agreement for both Public and
Private Improvements According to Policy Regarding Collateral for
Improvements. This agreement must be reviewed by the Departments of
Public Works and Planning Services and shall be approved by the Board of
County Commissioners.
D. The applicant shall provide the Department of Public Works with stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings for review. Construction details must be included.
E. Stop signs and street name signs will be required at all intersections and
shown on the final roadway construction plans.
F. The applicant shall submit a Final Drainage Report stamped, signed, and
dated bya professional engineer licensed in the State Colorado. 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
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due to development will require detention of the 100-year storm developed
condition while releasing the 5-year storm existing condition.
G. 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.
H. 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.
The applicant shall provide an Open Space/Landscape Plan, per
Section 24-3-50.G of the Weld County Code for review and approval.
J. The applicant shall provide additional information pertaining to the plant
materials, including common, botanical and species names, size at
installation, and any additional information deemed necessary, if any.
K. The applicant shall address the on-site landscape treatment, including the
proposed uses associated with the agricultural outlot.
L. 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.
M. 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.
N. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
O. The Weld County Building Technician will provide addresses at the time of
Final Plan. The subdivision street name and lot addresses shall be
submitted to the Mountain View Fire Protection District, the Weld County
Sheriffs Office,ambulance provider,and the Post Office for review. Written
evidence of approval shall be submitted to the Weld County Department of
Planning Services.
P. Prior to recording the final plat 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). A
LEA is a taxing unit with a maximum mill levy of 7.0 mills created for the
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purpose of providing additional law enforcement by the 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.
Q. 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.
R. As-Built 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 the County.
S. 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).
T. The applicant shall submit to the Department of Planning Services a copy of
an agreement with the property's utility owners and lessees stipulating that
the existing gas and electric utility easements and/or activities have
adequately been incorporated into the design of the site.
4. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
B. 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.
C. The applicant shall provide a letter,on letterhead from the Mountain View Fire
Protection District, stating that all requirements have been met for each
Filing and/or Phase of this development.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of March, A.D., 2006.
EL BOARD OF COUNTY COMMISSIONERS
► _ ELD CO TY, COLORADO
ATTEST: ELM
. Geile, Chair
Weld County Clerk to the Boni
.
v HAI lic�titI 6i('�l ^•�.�I David E. Long, Pro- e
BY: ‘-/
D uty CI rk to the Boekd
W
APP V AST •
m H Jerke
Robert D. Ma den
C ty ttor y 7-
Glenn Vaad
Date of signature: 45/6(4
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