Loading...
HomeMy WebLinkAbout20021651.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Mike Siegrist Case Number CZ 602 Riverdance PUD Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services Field Check Form X 4 Planning Commissioner Folsom Field Check Form X 5 Letter to Applicant X 6 Affadavit of sign posting X 7 Legal Notifications X 8A Pre-Advertisement Request X 8 Application X 9 Maps X 10 Referral List 11 Referrals without comment X Town of Frederick, referral received 2-25-02 X Weld County Code Compliance, referral received 3-7-2002 X Robert Schlegel, referral received 3-10-2002 X Referrals with comments 12 Mountain View Fire Protection District, referral received 2-11-2002 X Weld County Department of Building Inspection, referral received 3-22- X 2002 13 Colorado Department of Transportation, referral received 2-15-2002 X 14 Weld County Sheriffs Office, referral received 2-24-2002 X 15 State of Colorado Geological Survey, referral received 2-26-2002 X 16 Felsburg Holt and Ullevig, comments received 2-27-2002 X 17 Weld County Dept of Building Inspection, referral received 2-25-2002 X 18 Weld County Department of Public Health & Environment, referral X received 3-18-2002 /'` 19 St Vrain Valley School District, referral received 3-22-2002 X 20 Weld County Department of Building Inspection (Addressing), referral X received\-25-2002 4 EXHIBIT 2002-1651 464 21 State of Colorado, Division of Wildlife, referral received 4-1-2002 X 22 Weld County Department of Public Works, referral received 4-10-2002 X 23 Deed/ Easement Certificate X 24 Surrounding Property/Mineral Owners X 25 Utilities X PC EXHIBITS 26 27 28 I hereby certify that the 25 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. r Kim Ogle Planner III U AP/ 4° LAND MSE RY SHEET ON r �/�►t SUMMARY SHEET Wine RIVERDANCE O � PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: CZ-602 HEARING DATE: April 16, 2002, continued June 18, 2002 PLANNER: Kim Ogle APPLICANT: Mike Siegrist ADDRESS: Siegrist Companies, Inc. 875 W. 64th Ave. Denver, CO 80221 REQUEST: Change of Zone from Agricultural to PUD for 618 lots with Residential and 31 lots with Commercial uses in the Mixed Use Development (MUD) area LEGAL DESCRIPTION: Pt. of Section 35, and Pt. W '/2 of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to the 1-25 Frontage Road, and South of and adjacent to Weld County Road 28 ACRES: 486 +/- acres PARCEL #: Various POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County Code as follows The Department of Planning Services' staff has received responses from the following agencies: • Mountain View Fire Protection District, referral received 2-14-2002 • State of Colorado, Department of Transportation referral received 2-15-2002 • Weld County Sheriff's Office referral received 2-24-2002 • Town of Frederick, referral received 2-25-2002 • Weld County Department of Building Inspection, referral received 2-25-2002 • State of Colorado, Geologic Survey referral received 3-1-2002 • Weld County Department of Planning - Code Compliance referral received 3-7-2002 • Weld County Department of Public Health & Environment referral received 3-18-2002 • Weld County School District RE-1J (St. Vrain Schools) referral received 3-22-2002 • Weld County Department of Planning - Addressing referral received 3-25-2002 • State of Colorado, Division of Wildlife referral received 4-1-2002 • Weld County Department of Public Works referral received 4-10-2002 RIVERDANCE PUD, •a•e 1 SUMO' ilk The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Division of Water Resources • State of Colorado, Water Conservation Board • HS Resources - Kerr/McGee • Weld County Ambulance • Federal Emergency Management Administration • St. Vrain Sanitation District • Town of Mead • Town of Firestone • US Army, Corps of Engineers • Longmont Soil Conservation District • Little Thompson Soil Conservation District r RIVERDANCE PUD,page 2 U APLAND MSE RY SHEET SUMMARY SHEET RIVERDANCE PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: CZ-602 HEARING DATE: April 16, 2002, continued June 18, 2002 PLANNER: Kim Ogle APPLICANT: Mike Siegrist ADDRESS: Siegrist Companies, Inc. 875 W. 64th Ave. Denver, CO 80221 REQUEST: Change of Zone from Agricultural to PUD for 618 lots with Residential and 31 lots with Commercial uses in the Mixed Use Development (MUD) area LEGAL DESCRIPTION: Pt. of Section 35, and Pt. W 1/2 of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to the 1-25 Frontage Road, and South of and adjacent to Weld County Road 28 �., ACRES: 486 +/- acres PARCEL #: Various THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 27-6-120.8.6.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 RIVERDANCE PUD,page 3 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. B. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article 11, Chapter 27of this Code. 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 91/2, Weld County Road 28 and State Highway 66. The construction of WCR 91/2 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 RIVERDANCE PUD,page 4 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 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 RIVERDANCE PUD,page 5 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 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. RIVERDANCE PUD, page 6 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 9%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. RIVERDANCE PUD,page 7 The subject site is subject to Articles II and VIII, Chapter 19 of the Weld County Code 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 RIVERDANCE PUD, page 8 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 Sheriff's Office is very supportive of Homeowners Associations that require annual fees in order to maintain the development and enforce covenants. We [Sheriff's 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 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. RIVERDANCE PUD,page 9 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 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 'I— process as defined in Chapter 23,Article II, Division 3 of the Weld County RIVERDANCE PUD,page 10 evaN 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) G. Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County Code. (Dept. of Planning Services) r RIVERDANCE PUD,page 11 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 Sheriff's 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 1-25 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 RIVERDANCE PUD,page 12 r Commissioners. With the Change of Zone plat map,the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (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: 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 RIVERDANCE PUD,page 13 r practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Dept. of Public Health and Environment) 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) 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 11 (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. RIVERDANCE PUD,page 14 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 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 RIVERDANCE PUD,page 15 r 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 I-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 RIVERDANCE PUD,page 16 not be in place. (Dept. of Planning Services) 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.B.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 PUD Final Plan shall comply with all regulations and requirements of Section 27 of the Weld County Code. (Dept. of Planning Services) N. 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) RIVERDANCE PUD,page 17 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) r RIVERDANCE PUD,page 18 ,a441:1 MEMORANDUM TO: Planning Commissioners COLORADO DATE: April 8, 2002 FROM: Kim Ogle, Planner 111 V&) SUBJECT: Change of Zone application, CZ 602, for Riverdance PUD Mike Siegrist, applicant The Department of Planning Services has been notified by the Department of Public Works that the Riverdance PUD application is currently under review by the County Transportation Consultant, Felsburg Holt and Ullevig, Traffic and Transportation Engineers, 7951 East Maplewood Avenue, Suite 200, Denver, CO This review is continuing. As such, staff does not have referral comments for the above referenced case and is asking for an indefinite continuance. Further, staff has asked the applicant to provide additional information pertaining to the Lot and Block configurations for this development as well as an indication of the where the various building envelope types are located on site. As of April 8, 2002, staff has not received either requested items. The applicant was notified via letter and telephone of the current situation. r risehlt DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE ID GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E- L: kogle@co.weld.co.us C. PHONE r(9710) 3FAX O0(970) 304-6498 COLORADO April 5, 2002 Mike Siegrist Siegrist Companies 875 West 64th Avenue Denver, Colorado 80221 Subject: CZ 602, Riverdance PUD Indefinite Continuance Dear Mike: r The Department of Planning Services has been notified that the Riverdance PUD application is currently under review by the County Transportation Consultant. Mr. Chris Fasching of Felsburg Holt and Ullevig, Traffic and Transportation Engineers, 7951 East Maplewood Avenue, Suite 200, Denver; telephone number 303 721 1400 is reviewing the submitted documents as outlined in the enclosed electronic mailing received by this office. This review is continuing. As such, staff does not have comments for the above referenced case and will be asking for an indefinite continuance. Further, staff has asked for additional information pertaining to the Lot and Block configurations for this development as well as an indication of the where the various building envelope types are located on site. As we discussed, this information is required prior to the Planning Commission hearing. Should you need further information, I may be reached at the above address, telephone number or e- mail address. Sincerely, - e Kim Os e Planner pc:M. Mika,Director Planning Services Case File CZ 602 �1 �- t DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 sacFAX (970) 98 1555 N. 17TH AVENUE GREELEY, COLORADO 806 80631 COLORADO February 5, 2002 Mike Siegrist Siegrist Company 875 West 64th Avenue Denver CO 80221 Subject: CZ-602-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 on a parcel of land described as Part of Section 35,the SW4, NW4 and the NW4, SW4 of Section 36,T3N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for April 16, 2002, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 and Frederick Planning Commission for their review and comments. Please call Firestone at(303)833-3291 and Frederick at(303)833-2388 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Firestone and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Kim O Planner S EXHI$IT BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS June 11, 2002. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A CHANGE OF ZONE/ USE BY SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE 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 PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST ONE (1) DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER HEARING FOR Riverdance PUD, CZ-602 . THE SIGN WAS POSTED June 1, 2002 BY: KIM OGLE SIGNAE OF KIM OGLE, PLANNER III STATE OF COLORADO) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS ,- DAY OF (,fir 2nU NOTARY P BLII, MY COMMISSION EXPIRES: THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. 4 RxN i11 PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS June 4, 2002. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A CHANGE OF ZONE/ USE BY SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE 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 PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST ONE (1) DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER HEARING FOR Riverdance PUD, CZ-602 . THE SIGN WAS POSTED June 1, 2002 BY: KIM OGLE SIGN E OF KIM OGLE, PLANNER III STATE OF COLORADO) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS - DAY OF JL J{C 20( . wad NOTARY PUBLIC MY COMMISSION EXPIRES: +35/64 /'� THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. FIELD CHECK CASE NUMBER: CZ-602 DATE OF INSPECTION: 2 7/; Et APPLICANT'S NAME: Mike Siegrist, Riverdance Development Company PLANNER: Kim Ogle 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. 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. LOCATION: South of and adjacent to WCR 28 and east of and adjacent to 1-25 Frontage Road. ttezr2 -e%�ocF---:t%c-o-saeq-,o 76.6",2e-t/1 LAND USE: ei // E e",%sue• "�>-� S yatl%'f.,772 L�c2> C'a' et, O_, lG<t'�/-g1'`�-dy.1-tZ j e��_,.?y W •-r Z c//,L1-1C l.Ey-%.�-/1-fa.e } ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: / .x///-�Z-,' <-11_47e-, 2 'c-1---,-,- . 07::-:.---,:a /2/1c Q� _ -CfE Imo? �f2 tzC `- C/Y 9 .. -c 'Cl"4_?�E'vo , .1k=Cf-r-cc_e-'12/ .�!1c2L 'f ,Q ./�L%21.�C��2(i� !rs^��cXP/r�CG', ��e4-1t-e���iz�2ccre/:; 7.4141 C-C. - f7c'ey�! P.C. Member a IXM1i1r FIELD CHECK inspection date: April 1, 2002 June 1, 2002 CASE NUMBER: CZ-602, RIVERDANCE PUD APPLICANT: Mike Siegrist Siegrist Companies, Inc. 875 W. 64th Ave. Denver, CO 80221 LEGAL DESCRIPTION: Pt. of Section 35, and Pt. W '/�of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to the 1-25 Frontage Road; South of and adjacent to Weld County Road 28 Zonina Land Use N A(Agricultural) N Abandoned Batch Plant, two residences and open fields E A(Agricultural) E Agricultural lands S A(Agricultural) S St. Vrain Creek, Gravel Mining operations, lakes, gas well head & underground distribution lines, open lands, So. County Office W A(Agricultural) W I-25 and 1-25 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 1-25 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 remnant scale house facility pad is visible with miscellaneous material considered to be parts of a NCJY visible, wire, debris, metals, etcetera. 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 WCR 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. A wetland area traverses the site, northwest to southeast and is located in the northeast corner of the property. Weld County Road 28 is a two lane local gravel road with sixty feet of right-of-way Visual assessment. The property looks over and across Barbor Ponds State Park, the St. Vrain Creek, Interstate 25 from the south and Agricultural lands. The long view to the west include the front range foothills and mountains beyond. Kim Ogle, a er III t EXHII$t 3 Hello