HomeMy WebLinkAbout20021650.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray, along with the addition of Condition of Approval #5M, that the following
resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: CZ-602
APPLICANT: Mike Siegrist, Riverdance Development Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of Section 35, the SW4, NW4 and the NW4, SW4 of Section
36, T3N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD with Residential Uses
(R-1, R-2, R-3, & R-4)for six hundred eighteen (618) Residential
Lots,thirty-one(31)Lots with Commercial/Industrial(C-1,C-2&I-1)
Uses and 239 acres of Common Open Space including a
Community Clubhouse in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to WCR 28 and east of and adjacent to 1-25
Frontage Road.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement
in effect influencing the PUD and Chapters 19(Coordinated Planning Agreements),Chapter
22 (Comprehensive Plan), Chapter 23(Zoning), Chapter 24 (Subdivision)and Chapter 26
(Mixed Use Development) of this Code. The proposed site is presently influenced by an
Inter-Governmental Agreement with the Town of Mead. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-2-90.B.1 (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 subdivision is located within the
Mixed Use Development(MUD) area, and is within the boundaries of(Ordinance
215) the Inter-Governmental Agreement (IGA) boundary with the Towns of
Firestone and Frederick, Article II, Chapter 19 and the Town of Mead, Article VIII,
Chapter 19, of the Weld County Code. The Town of Frederick reviewed the
request and found no conflict with their interests. The Towns of Firestone and
Mead did not respond.
2) Section 22-2-230.F.1 (MUD.Goal 6) states "To assure that new development
occurs in such a manner as to maintain an attractive working and living
environment." All applicable standards and regulations of Chapter 23, Chapter 24,
Chapter 26 and Chapter 27, along with Chapter 22 of the Weld County Code shall
be integrated in the design of the Final Plan. map
Nj
B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will conform O
with the Performance Standards of the PUD Zone District contained in Article II, Chapter =
27of this Code. Ki
Section 27-2-20 Access Standards - Access to this PUD will be off of the 1-25
Frontage Road and the proposed Weld County Road 9%, Weld T"" °ea°
County Road 28 and State Highway 66. The construction of WCR
2002-1650
Resolution CZ-602
Mike Siegrist
Page 2
9%from Riverdance north to State Highway 66 is crucial for future
traffic circulation for both Riverdance and potential development
properties to the north. An effort is underway to form a
Metropolitan District to finance the construction of WCR 9%. A
method to address the construction of WCR 9% north of
Riverdance or other roadway improvements that will provide
adequate traffic circulation shall be required prior to final plat
approval.
Further, the internal road network meets the requirements of
Chapter 24 of the Weld County Code.
The application is within the Southwest Weld Road Impact Fee
Area #3, Appendix 20-E, Article II, Section 20-2-10 of the Weld
County Code, (Ordinance 211) and shall require the payment of
road impact fees at the time a building permit is applied for as
addressed through Section 20-2-200.
Section 27-2-30 Buffering and Screening -All proposed commercial uses within
the site will go through a Site Plan Review application process, all
on-site screening and buffering will be addressed during the Site
Plan Review of each Lot.All residential development shall meet or
exceed the requirements of Section 26-2-40 and 26-2-70.
The site shall maintain compliance with the Mixed Use
Development standards regarding screening and buffering of the
property, per Section 26-2-70, Landscaping Regulations of the
Weld County Code.
Section 27-2-40. Bulk Requirements - The proposed PUD lots with commercial
uses shall adhere to the bulk requirements of the Commercial
Zone District, outlined in Section 23-3-200 of the Weld County
Code. Further, all commercial lots in a PUD shall undergo a site
plan review process, as defined in Chapter 23, Article II, Division
3 of the Weld County Code.
Section 27-2-50. Circulation - Development within a PUD Zone District shall be
designed and constructed to include adequate, safe and
convenient arrangements for pedestrian and vehicular circulation,
off-street parking and loading space. Pedestrian and vehicular
circulation shall relate to the circulation system external to a PUD
Zone District. All streets within the PUD Zone District, whether
private or public shall be designed and constructed to meet the
requirements of the Weld County Public Works Department,
Chapter 24 (Subdivision) and Chapter 26 (MUD), of the Weld
County Code
The applicant will be responsible for designing the cross sections
according to Section 24-7-20 and Appendices 24-D and 24-E of
the Weld County Code.
Section 27-2-80. Design Standards and Improvement Agreements-Final recording
shall not occur until the required Improvements Agreement has
been approved and collateral tendered. The Change of Zone Plat
shall not be recorded until a Drainage Report, signed by a
Colorado license engineer has been provided and approved by the
Department of Public Works. Further, final construction drawings
for all roads within the proposed PUD and all adjacent roads as
Resolution CZ-602
Mike Siegrist
Page 3
applicable shall be submitted to the Department of Public Works
for review and approval.
Traffic studies for the proposed Metropolitan District and the
Riverdance site, as well as preliminary road plans, have been
submitted by the applicant and were reviewed by Weld Counties
consultant, Felsburg Holt & Ullevig (FHU). Attached is a letter
from FHU dated March 25, 2002, by Christopher J. Fasching, P.
E., containing extensive review comments. None of the issues
raised in FHU's review are major concerns that should affect
zoning approval. The applicant should be required to address
FHU's review prior to final plat approval.
We [The Department of Public Works] wish to clarify that the
applicant will be required to construct roadway improvements
necessary to facilitate access to the proposed Riverdance
development and that traffic impact fees were created strictly for
future capacity improvements to the overall roadway system.
Section 27-2-100. Landscaping Standards-
This proposal shall adhere to Section 24-9-10, Section 27-2-100
and Section 26-2-60. A detailed landscape, berm and screening
plan along with a maintenance and planting schedule shall be
submitted with the Final Plan application.
Section 27-2-120. Mixed Use Development Area-This proposal is located within the
MUD area and does propose to adhere to Chapter 26 of the Weld
County Code when the attached conditions are met.
Section 27-2-130. Monuments-Permanent reference monuments shall be set on the
Planned Unit Development according to Chapter 24 of the Weld
County Code and Section 30-51-101, et seq., Colorado Revised
Statues.
Section 27-2-150. Parking Requirements- All parking and loading areas shall meet
the requirements of Chapter 23, Article IV, Division I of the Weld
County Code. Adequate parking spaces and internal pedestrian
circulation shall be designed to meet requirements of the
Americans with Disabilities Act and shall be illustrated on the
Change of Zone plat.
Site specific parking requirements will be addressed through
Chapter 23-2-160 and Appendix 23-A and Appendix 23-B for
each of the lots within the proposed PUD.
Section 27-2-170. Public Water Provisions - The application materials state that
domestic water will be provided by the Little Thompson Water
District. The Weld County Department of Public Health and
Environment reviewed this case in accordance with this
consideration in place. In a signed agreement between the Little
Thompson Water District and Mike Siegrist, of the Siegrist
Companies,dated May 30,2001,fifty(50)commercial lots and the
six hundred fifty (650) residential lots can be adequately served
with water.
Section 27-2-210 Water and Sewer Provisions- The application materials state that
domestic water will be provided by the Little Thompson Water
Resolution CZ-602
Mike Siegrist
Page 4
�., District. Sewer for this site is proposed by the St.Vrain Sanitation
District. The District stated that they have the ability to serve the
Riverdance PUD in a letter dated May 2, 2001. In an electronic
mail memorandum dated February 1,2002,from the Weld County
Attorney's office, Attorney Morrison stated that the development
has an adequate water and sewer connection.
C. Section 27-6-120.6.c-That the uses which would be permitted shall 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 this Code or master plans
of affected municipalities.
The proposed PUD site does meet compliance with the Weld County MUD Structural 2.1
Land Use Map, for a high intensity employment center, residential development and open
space. The Town of Mead is immediately north of this property, Agricultural lands are
adjacent to the west and east with the St Vrain Creek immediately adjacent to the south and
serves as the property boundary.
D. Section 27-6-120.6.d-That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in
Article II of this Code.
Little Thompson Water District and St. Vrain Sanitation District have indicated their ability
to service this application.
E. Section 27-6-120.6.e-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.
The Weld County Public Works Department has reviewed the proposal and has
determined the internal streets meet the requirements of Chapter 24 of the Weld County
Code. Several elements of the review require addressing,for instance, issues in Felsburg,
Holt & Ullevig (FHUs) review of March 25, 2002 be addressed. Specifically, a method
addressing construction of WCR 91/2 or other adequate access; approval of final roadway
plans; approval of a final drainage report; and approval of final grading and drainage plans
shall be required prior to final approval of the Final Plat. An interim access may be required
for the development should the Weld County Road 9%connection not be in place. Weld
County Road 28, delineated on the MUD Structural Transportation Map 2.2 as a two-lane
collector may provide access to the site. Improvements to Weld County Road 28 may be
required. Improvements to all roads, both public and private,will be required and shall be
ensured through the Improvements Agreement.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable.
Development Standards and Conditions of Approval ensure compliance with Chapter 24,
Article VII, and Sections 24-9-10 and 24-9-20 of the Weld County Code.
The Weld County Public Works Department and Department of Planning Services shall
require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld
County Code.
G. Section 27-6-120.6.g -That there has been compliance with the applicable requirements
contained in Chapter 23 regarding overlay districts, commercial mineral deposits, and soil
conditions on the subject site,
The subject site is subject to Articles II and VIII, Chapter 19 of the Weld County Code
Resolution CZ-602
Mike Siegrist
Page 5
The Colorado Geological Survey, in their referral letter dated February 25, 2002, identified
several areas of concern for the site, including the potential for shallow groundwater. The
natural topography of the site and the surrounding vicinity may lead to drainage problems
on and off-site. Grading shall be undertaken to provide positive drainage around the
buildings, and structural design should conform to any limitations imposed by possible
shallow groundwater. Further, the engineering properties of the soils and bedrock varies
across the site, adjustments may be required for individual foundation designs, the
placement of structural fill and the on-site grading, specific to reduction of the erosion
potential.
The Weld County Department of Public Works stated that a Preliminary Drainage Report
dated January 17, 2002, was submitted by Pickett Engineering, Inc. This report is
acceptable. Approval of a final drainage report and plans shall be required prior to final plat
approval.
A portion of the subject site does lie within the designated flood plain. Provision for
appropriate permitting within this area has been made through the Conditions of Approval.
The entire development is within the Mixed Use Development(MUD) area.
H. Section 27-6-120.6.h-Consistency exists between the proposed zone district(s), uses,the
specific or conceptual development guide.
The proposal shall be consistent with the PUD Residential and Commercial Zone District.
The applicant has requested and the Department of Planning Services' supports an
Administrative Review of the Final Plat for this proposed development.
2. The submitted materials are in compliance with Section 27-6-30 of the Weld County Code, as
follows:
Section 27-6-40 Environmental Impacts:The referral response dated March 18, 2002 from
the Weld County Department of Public Health and Environment indicates
that the initial impact plan submitted in the application materials appears
to address all the environmental impacts of Section 27-6-40.
Section 27-6-50 Service Provision Impacts: The applicant has satisfactorily addressed the
service provision impacts in the application materials. Additional
requirements of the Mountain View Fire Protection District pertaining to
water supply, fire hydrant locations, fire department access and street
design are addressed through the attached Conditions of Approval.
In a letter dated February 24,2002,the Weld County Sheriffs Office states
that"the Sheriffs Office lacks the ability to absorb any additional service
demand without the resources recommended in a multi-year plan provided
by the Weld County board of County commissioners or as indicated in
growth not considered at the time the plan was developed. It appears[to
this office] that the developer has a plan to subsidize county resources
being used through this development." Further stated,"The Sheriffs Office
is very supportive of Homeowners Associations that require annual fees in
order to maintain the development and enforce covenants. We[Sheriffs
office] are also better able to address neighborhood issues that may
develop with an existing neighborhood governing body."
In a letter dated March 18, 2002, the St Vrain School District states they
are opposed to the approval of this application due to the developments
impact on already overcrowded school facilities. The District further states
that"...should the County approve recommend approval of this
Resolution CZ-602
Mike Siegrist
Page 6
development proposal, the School District's cash-in-lieu and/or land
dedication requirements would still need to be satisfied. Since this
property is not a likely future school site, the cash-in-lieu fee would be
assessed per lot within the development.
It should be noted that the applicant has met with the District to discuss
possible temporary mitigation fees which would help to provide capital
improvement funds until such time as a bond issue is passed to fund the
construction of new facilities. The bond issue in the November 2001
election failed for a variety of different reasons, however, it is the
applicant's understanding that a more conservative bond issue will be
presented in the November 2002 election. Passage of such a bond issue
would resolve current capacity issues.
Section 27-6-60 Landscaping Elements: The applicant shall submit a revised Landscape
Plan in accordance with this Section of the Weld County Code.
The applicant shall amend the Change of Zone plat to conform to the
criteria of Section 24-9-10, Section 27-2-100, and Section 26-2-60 of the
Weld County Code. A detailed landscape, berm and screening plan along
with a maintenance and planting schedule shall be submitted with the Final
Plan application.
Section 27-6-70 Site Design: Generally,the proposal does take into consideration the sites
advantages and limitations,as well as the compatibility of the development
with adjacent sites. In a referral dated April 1, 2002 from the Colorado
Division of Wildlife,the Division strongly advises that for wildlife protection,
no motorized craft of any type be permitted on the lakes. Further, islands
be created in the lakes for wildlife refuge and nesting, and that no trail be
constructed within three hundred (300) feet of all riparian areas.
The Department of Public Health and Environment states in their referral
dated March 18, 2002 that the proposed clubhouse is positioned between
the lakes and the commercial area uses. Restroom facilities will be
available in the clubhouse. However, the clubhouse, at the closest point,
is approximately 1300 feet(by the scale provided)from the river-side trail
where spotted picnic areas are proposed. The lakes will provide for
motorized and non-motorized activities (fishing, swimming, picnicking,
sailing, etc.). The location of the boat ramp(s), swim beaches, etc. have
not been depicted on the maps. Because of the distance to the clubhouse
restrooms, the Department is recommending permanent restroom and
hand washing facilities be provided along the urban trail easily accessible
to the public gathering areas. In the event the development sells
memberships to non-residents and/or non-employees, the recreational
uses on the lakes and the clubhouse pool will require compliance with the
Colorado Department of Public Health and Environment Swimming Pool
and Mineral Bath Regulations.
Weld County's Right-to-Farm will be attached to all recorded plats, thus
informing any new residents that the area surrounding this community is
agricultural in nature. Further,the applicant shall work within all applicable
Divisions, Chapters and Sections of the Weld County Code.
The outstanding site circulation and drainage issues shall be resolved to
the satisfaction of the Department of Public Works as indicated in
comments received April 10, 2002.
Section 27-6-80 Common Open Space Usage: The application states that 239 acres of
Resolution CZ-602
Mike Siegrist
Page 7
open space or 49%of the site is common open space. As proposed, the
site does meet the open space requirements of Chapter 27 and Chapter
26. Each parcel of the PUD: Commercial shall adhere to the standards of
Chapter 23-2-160 (Site Plan Review). Further, all commercial lots in a
PUD shall undergo a site plan review process, as defined in Chapter 23,
Article II, Division 3 of the Weld County Code.
The outstanding pedestrian circulation network, specific to access across
Riverdance Parkway shall be addressed to the satisfaction of the
Department of Planning Services.
Section 27-6-90 Proposed Signs: The applicant shall be required to submit proposed
sign(s) location to the Department of Planning Services for approval prior
to the Change of Zone plat being recorded. Approved signs shall be
placed on the Change of Zone Plat.
In addition to the Development sign, the issue of sign location will be
reviewed for each commercial lot during the Site Plan Review application
process as defined in Chapter 23,Article II, Division 3 of the Weld County
Code.
Section 27-6-100. MUD Impacts:The proposed change of zone does lie within the Mixed Use
Development area, and requires adherence to all criteria outlined in
Chapter 26 of the Weld County Code.
Section 27-6-110. Intergovernmental Agreement Impacts: The proposed Change of Zone is
within Article II and Article VIII, Chapter 19 of the Weld County Code.
This Approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from Agricultural to PUD with residential and commercial uses is conditional upon the
following:
1. The plat shall be amended to include the following:
A. The realignment or modification of either the connection to WCR 9-1/2, 1-25 Frontage Road
and Weld County Road 28, as required and proposed by the applicant, CDOT and Weld
County Department of Public Works. (Dept. of Planning Services)
B. The applicant shall identify and illustrate how landscaping shall be incorporated along the
1-25 Frontage Road and the connection to Weld County Road 9 1/2 as outlined in Section
26-2-70.D regarding landscape requirements adjacent to Roadway Corridors. (Dept. of
Planning Services)
C. The location of the boat ramp(s), swim beaches, etcetera shall be delineated. (Dept. of
Public Health and Environment and Dept. of Planning Services)
D. The location of the permanent restroom and hand washing facilities shall be delineated.
(Dept. of Public Health and Environment and Dept. of Planning Services)
E. The location of all Residential building types, R-1, R-2, R-3 and R-4 and shall provide
written notation for each building location on the plat. (Dept. of Planning Services)
F. The accurate location of all internal paths and points of ingress and egress to the internal
parks and open space. Including the location of the Post Office requirements for mail boxes
and the School districts requirements for bus stop points of pick-up and drop-off. (Dept.
of Planning Services)
Resolution CZ-602
Mike Siegrist
Page 8
G. Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County
Code. (Dept. of Planning Services)
2. Prior to recording the Change of Zone plat:
A. All proposed street names and Lot addresses shall be submitted to the Mountain View Fire
Protection District,the Weld County Sheriffs Office,the Weld County Ambulance Services
Department and the Post Office for review and written approval. (Dept. of Planning
Services)
B. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld County
Code. (Dept. of Planning Services)
C. The applicant shall submit a proposed estimate for time of construction of the PUD. (Dept.
of Planning Services)
D. The applicant shall address the concerns of the Mountain View Fire Protection
District. Written evidence of a solution shall be provided to the Department of
Planning Services. (Mt. View Fire Protection District)
E. The applicant shall address the concerns of the Colorado Geologic Survey, as stated in a
letter dated February 25, 2002 and incorporate remedies for these concerns. Written
evidence of solutions shall be provided to the Department of Planning Services. (Geologic
Survey, Dept. of Planning Services)
F. The applicant shall address the concerns of the Weld County Sheriffs Department, in a
memo dated February 24, 2002 and incorporate remedies for these concerns. Written
evidence of a solution shall be provided to the Department of Planning Services. (Sheriff)
G. The applicant shall submit a Planning Area Profile in accordance with Section 22-2-
230.F.2.v(MUD. Policy 6.22). The profile should contain public facilities and services data,
socioeconomic data, natural environmental resources, and visual and cultural resources.
The purpose of this information would be to provide the user the existing conditions,
opportunities, and constraints within the I-25 Mixed Use Development area. (Dept. of
Planning Services)
H. 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 Sections 27-9-20 and 27-9-30 of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days
from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee.
The Change of Zone plat map shall be submitted to the Department of Planning Services'
for recording within sixty(60)days of approval by the Board of County Commissioners.With
the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf,
and.dgn(Microstation); acceptable GIS formats are.shp(Shape Files),Arcl nfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group
4) ... (Group 6 is not acceptable). (Dept. of Planning Services)
3. 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:
Resolution CZ-602
Mike Siegrist
Page 9
A. The site specific development plan is for a PUD change of zone from Agricultural to PUD
with residential (R-1, R-2, R-3, R-4) and commercial (C-1, C-2, C-3) uses as indicated in
the application materials on file in the Department of Planning Services and subject and
governed by the Conditions of Approval stated hereon and all applicable Weld County
Regulations. Noncompliance with any of the foregoing Conditions of Approval may be
reason for revocation of the Permit by the Board of County Commissioners.
B. Approval of this plan may create a vested property right pursuant to Article VIII, Section 23-
8-50 of the Weld County Code. (Dept. of Planning Services)
C. The applicant shall obtain water from Little Thompson Water District and sewer service
shall be provided by St.Vrain Sanitation District. (Dept. of Public Health and Environment)
D. Permanent restroom and hand washing facilities shall be provided within easy access of
the public gathering areas. (Dept. of Public Health and Environment)
E. In the event the development sells memberships to non-residents and/or non-employees
the recreational uses on the lakes and clubhouse pool will require compliance with the
Colorado Department of Public Health and Environment Swimming Pool and Mineral Bath
Regulations. (Dept. of Public Health and Environment)
F. If required,the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (Dept. of Public Health and Environment)
G. 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 Health Department, a fugitive dust control plan must be submitted. (Dept.
of Public Health and Environment)
H. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order
to minimize dust emissions. (Dept. of Public Health and Environment)
I. If land development creates more than a 25-acre contiguous disturbance, or exceeds 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. (Dept. of Public Health and Environment)
J. A Developer's/Lessee/Owners Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The Association is
responsible for liability insurance, taxes and maintenance of open space, Clubhouse and
Townhouse streets, private utilities and other facilities. Open space restrictions are
permanent. (Dept. of Planning Services)
K. Proper building permits shall be obtained prior to any construction, remodeling, demolition
or excavation. (Dept of Building Inspection, Dept. of Planning Services)
L All signs including entrance signs shall require building permits. Signs shall adhere to
Section 26-2-90 and Section 23-4-100 of the Weld County Code.These requirements shall
apply to all temporary and permanent signs. Further, the property owner shall be
responsible for maintaining compliance with Section 26-2-90 of the Weld County Code.
These requirements shall apply to all temporary and permanent signs. (Dept. of Planning
Services)
Resolution CZ-602
Mike Siegrist
Page 10
M. Building permits shall be obtained prior to any construction. A separate permit will be
required for each structure. Structures shall be separated from each other in accordance
with the provisions of Chapter 5 of the 1997 Uniform Building Code. (Dept of Building
Inspection)
N. A plan review will be required for each building. Two complete sets of plans are required
when applying for the permit. (Dept of Building Inspection)
O. All structures shall conform to the Section 29-2-20 of the Weld County Code, Article II
(1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article II (1998
International Mechanical Code), Section 29-2-40 of the Weld County Code,Article II(1999
Electrical Code),29-2-50 of the Weld County Code,Article II(1997 International Plumbing
Code) and Section 29-2-10 of the Weld County Code, Article II, Chapter 29. (Dept. of
Planning Services, Dept of Building Inspection)
P. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Dept of Building
Inspection)
Q. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation
of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B
and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code. (Dept of Building Inspection)
R. Building height shall be measured in accordance with the 1997 Uniform 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 27 of
the Weld County Code. Building height shall be measured in accordance with Chapter 23
of the Weld County Code in order to determine compliance with offset and setback
requirements.
Offset and setbacks are measured from the farthest projection from the building. An ILC
(Improvement Lot Certificate)will be required for each building showing the building height
as measured according to Chapter 23 of the Weld County Code as well as the offset and
setback distances to property lines. The ILC, bearing the stamp of a Colorado registered
engineer or the certification of a Colorado registered surveyor, will be required prior to the
frame inspection. (Dept of Building Inspection)
S. A Flood Hazard Development Permit shall be submitted for buildings,structures, roadways,
ramps, stairs, etcetera constructed within the 100-year flood plain. (Dept of Building
Inspection)
T. At the time a commercial lot is proposed for development, a Site Plan Review application
meeting the criteria of Section 23-2-160 shall be submitted to the Department of Planning
Services for review and approval prior to any on-site construction commencing. (Dept. of
Planning Services)
U. At the time an application is accepted for a building permit, a plan review will be done. A
complete review of the building or structure by the Weld County Building Inspection
Department or the Mountain View Fire Protection District may reveal other building issues
or areas needing attention. (Dept. of Planning Services)
V. Effective December 1, 1999, Building Permits issued on the proposed lots will be required
to adhere to the fee structure criteria of Appendix 20-E, Article II, Section 20-2-10 of the
Resolution CZ-602
Mike Siegrist
Page 11
Weld County Code, (Ordinance 211)and shall require the payment of road impact fees at
the time a building permit is applied for as addressed through Section 20-2-200. (Dept.
of Planning Services)
W. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Dept.
of Planning Services)
X. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II, of the Weld County Code. (Dept. of Planning Services)
Y. The property owner shall be responsible for complying with Chapter 27, Article VIII, of the
Weld County Code. (Dept. of Planning Services)
Z. The property owner shall be responsible for complying with the criteria of Chapter 26 of the
Weld County Code. (Dept. of Planning Services)
AA. Personnel from the Weld County Departments of Public Health and Environment, Public
Works and Planning Services'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. (Dept.
of Planning Services)
AB. No development activity shall commence on the property, nor shall any building permits be
issued on the property until the final plan as been approved and recorded. (Dept. of
Planning Services)
AC. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to
submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not
submitted within two (2) 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 submittal of the PUD
Final Plan. The Board may extend the date for the submittal 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. (Dept. of Planning Services)
5. At the time of Final Plan submittal:
A. The final alignment of 1-25 Frontage Road, State Highway 66, Weld County Road 9.5 and
the WCR 28 connection shall be completed and all land dedications completed. (Dept. of
Public Works)
B. The applicant shall submit Final Roadway Plans for review for all roads within the proposed
PUD. (Dept. of Public Works)
C. The applicant shall submit a draft copy of the Homeowners Association Covenants for
review and approval by the Weld County Attorney's office. (Dept. of Planning Services)
D. The applicant shall submit the final grading and drainage plans. (Dept. of Planning
Services)
E. The applicant shall submit evidence that an interim access onto Weld County Road 28, is
not required for the PUD development should the Weld County Road 9.5 connection not be
in place. (Dept. of Planning Services)
Resolution CZ-602
Mike Siegrist
Page 12
F. The applicant shall submit an on-site (Private) and off-site (Public) Improvements
Agreement that addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code. (Dept. of Planning Services)
G. The applicant shall submit evidence to the Department of Planning Services that approval
was received from the Department of Public Works of an Improvements Agreement
Regarding Collateral for the Transportation portion of the PUD. (Departments of Public
Works, Planning Services)
H. The applicant shall submit a drainage report, signed by a Colorado licensed engineer, to
the Department of Public Works for approval. The applicant shall supply the Department
of Planning Services with written approval from the Department of Public Works. (Dept. of
Public Works, Planning Services)
Service Provision Impacts for ambulance shall be addressed as required by Section 27-6-
50.6.4 of the Weld County Code. (Dept. of Planning Services)
J. The applicant shall submit a Landscape Plan in accordance with Section 27-2-100 (PUD),
and Section 26-2-60 (MUD)of the Weld County Code. (Dept. of Planning Services)
K. The final alignment of the connection of the recreational trail to planned regional trails in the
area shall be completed and all land dedications completed. (Dept. of Planning Services)
L. The applicant shall vacate or amend all Uses by Special Review or Special Use Permits
which currently exist on the site. These applications may be vacated by submitting a letter
to the Department of Planning Services which formally requests the vacation. This petition
will be addressed before the Weld County Board of County Commissioners. (Dept. of
Planning Services)
M. The applicant shall submit evidence of an agreement with the St. Vrain Valley School
District pertaining to voluntary mitigation of Capital Improvements and /or cash in lieu of
land prior to submitting the Final Plat application.
N. The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the
Weld County Code. (Dept. of Planning Services)
O. The applicant shall submit a digital file of all drawings associated with the Final plat
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).
(Dept. of Planning Services)
6. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and stop signs, as required by Weld
County Public Works, at the appropriate locations. (Weld County Public Works)
B. Complete drawings shall be submitted for review by the Mountain View Fire Protection
District. (Dept. of Building Inspection)
C. Effective December 1, 1999, Building Permits issued on the proposed lots will be required
to adhere to the fee structure criteria of Appendix 20-E, Article II, Section 20-2-10 of the
Weld County Code, (Ordinance 211)and shall require the payment of road impact fees at
the time a building permit is applied for as addressed through Section 20-2-200 of the Weld
County Code. (Dept. of Planning Services)
Resolution CZ-602
Mike Siegrist
Page 13
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Luis Llerena
Bruce Fitzgerald
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on June 18, 2002.
Rated the 18th of June, 2002.
Voneen Macklin
Secretary
Hello