HomeMy WebLinkAbout20021649.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #602 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 618 LOTS WITH R-1,
R-2, R-3, AND R-4 (RESIDENTIAL) ZONE USES, 31 LOTS WITH C-1, C-2 AND I-1
(COMMERCIAL AND INDUSTRIAL) ZONE USES, AND 239 ACRES OF COMMON
OPEN SPACE, INCLUDING A COMMUNITY CLUB HOUSE - MIKE SIEGRIST,
RIVERDANCE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 26th day of June, 2002, at 10:00 a.m. for
the purpose of hearing the application of Mike Siegrist, 875 West 64th Avenue, Denver,
Colorado 80221, requesting Change of Zone #602 from the A (Agricultural) Zone District to a
PUD (Planned Unit Development) Zone District for 618 lots with R-1, R-2, R-3, and R-4
(Residential) Zone uses, 31 lots with C-1, C-2, and I-1 (Commercial and Industrial) Zone uses,
and 239 acres of common open space, including a community clubhouse, said Planned Unit
Development known as Riverdance PUD, on a parcel of land located on the following described
real estate, to-wit:
Part of Section 35, and the SW1/4NW1/4 and the
NW1/4SW1/4 of Section 36, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present and represented by Vern Nelson, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review
of said Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a - The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and
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 Intergovernmental Agreement with the
Town of Mead. The proposal is consistent with the aforementioned
documents as follows:
agen.,) ).e g0 l}L(EP) 2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 2
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 the Intergovernmental Agreements (IGA) with the
Towns of Firestone and Frederick, Chapter 19, Article II, and the
Town of Mead, Chapter 19, Article VIII, of the Weld County Code.
The Town of Frederick reviewed the request and found no conflict
with its 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 Chapters 22, 23, 24, 26 and 27, of the Weld County
Code shall be integrated in the design of the Final Plan.
b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone
District contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20, Access Standards - Access to this PUD will be
off of the 1-25 Frontage Road, the proposed Weld County Road
9.5, Weld County Road 28 and State Highway 66. The
construction of Weld County Road 9.5 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 Weld County Road 9.5. A method to address the
construction of Weld County Road 9.5 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, Chapter 20, Article II, and
Appendix 20-E of the Weld County Code, 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.
2) 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
Sections 26-2-40 and 26-2-70. The site shall maintain compliance
with the MUD standards regarding screening and buffering of the
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 3
property, per Section 26-2-70, Landscaping Regulations of the
Weld County Code.
3) 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.
4) 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 Department of Public
Works, and Chapters 24 and 26 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.
5) 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 County's 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. 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.
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 4
6) Section 27-2-100, Landscaping Standards - This proposal shall
adhere to Sections 24-9-10, 27-2-100 and 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.
7) 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.
8) Section 27-2-130, Monuments - Permanent reference monuments
shall be set on the PUD according to Chapter 24 of the Weld
County Code and Section 30-51-101, C.R.S.
9) 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 (ADA)
and shall be illustrated on the Change of Zone plat. Site-specific
parking requirements will be addressed through Section 23-2-160
and Appendices 23-A and 23-B for each of the lots within the
proposed PUD.
10) 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.
11) 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.D.5.c - The uses which will be permitted will be
compatible with the existing or future development of the surrounding
area as permitted by the existing Zoning, and with the future development
as projected by Chapter 22 of this Code or master plans of affected
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 5
municipalities. The proposed PUD site does comply 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 Saint Vrain Creek immediately
adjacent to the south serving as the property boundary.
d. Section 27-6-120.D.5.d - The PUD Zone District will be serviced by an
adequate water supply and sewage disposal system in compliance with
the Performance Standards in Chapter 27, Article II, of the Weld County
Code. The Little Thompson Water District and St. Vrain Sanitation
District have indicated their ability to service this application.
e. Section 27-6-120.D.5.e - Street or highway facilities providing access to
the property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed
PUD Zone District. The Weld County Department of Public Works 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 FHU's review of
March 25, 2002. Specifically, a method addressing construction of Weld
County Road 9.5 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 9.5 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.D.5.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 Departments
of Public Works and Planning Services shall require an Improvements
Agreement in accordance with Section 27-6-120.6.f of the Weld County
Code.
g. Section 27-6-120.D.5.g - 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 Chapter 19, Articles II and VIII, of the Weld
County Code. The Colorado Geological Survey, in a referral letter dated
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 6
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.D.5.h - Consistency exists between the proposed zone
district(s), uses, the specific or conceptual development guide. The
proposal will be consistent with the PUD Residential and Commercial
Zone Districts. The applicant has requested, and the Department of
Planning Services supports, an Administrative Review of the Final Plat for
this proposed development.
3. The submitted materials are in compliance with Section 27-6-30 of the Weld
County Code, as follows:
a. 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.
b. 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 Sheriff's 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 Sheriff's Office is very supportive of
Homeowners' Associations that require annual fees in order to maintain
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 7
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 it is opposed to the approval of this
application due to the development's impact on already overcrowded
school facilities. The District further states that "...should the County
decide to 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.
c. 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 Sections 24-9-10, 27-2-100, and 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.
d. Section 27-6-70, Site Design - Generally, the proposal does take into
consideration the site's 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 its 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 1,300 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, etcetera, 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 to 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
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 8
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.
e. Section 27-6-80, Common Open Space Usage - The application states
that 239 acres of open space or 49 percent of the site is common open
space. As proposed, the site meets the open space requirements of
Chapters 27 and 26. Each Commercial parcel of the PUD 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 to the
Department of Planning Services.
f. Section 27-6-90, Signage - 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.
g. Section 27-6-100, MUD Impact - The proposed Change of Zone lies
within the Mixed Use Development area, and requires adherence to all
criteria outlined in Chapter 26 of the Weld County Code.
h. Section 27-6-110, Intergovernmental Agreement Impacts - The proposed
Change of Zone is within Chapter 19, Articles II and VIII, of the Weld
County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mike Siegrist for Change of Zone #602 from A
(Agricultural) to a PUD (Planned Unit Development) Zone District for 618 lots with R-1, R-2, R-
3, and R-4 (Residential) Zone uses, 31 lots with C-1, C-2, and I-1 (Commercial and Industrial)
Zone uses, and 239 acres of common open space, including a community clubhouse on the
above referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. The plat shall be amended to include the following:
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 9
A. The realignment or modification of the connection of Weld County
Road 9.5, the I-25 Frontage Road, and Weld County Road 28, as
required and proposed by the applicant, the Colorado Department of
Transportation (CDOT), and the Weld County Department of Public
Works.
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 9.5, as outlined in Section 26-2-70.D regarding landscape
requirements adjacent to Roadway Corridors.
C. The location of the boat ramp(s), swim beaches, etcetera, shall be
delineated.
D. The location of the permanent restroom and hand washing facilities shall
be delineated.
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.
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 District's
requirements for bus stop points of pick-up and drop-off.
G. Weld County's Right to Farm note as delineated in Appendix 22-E of the
Weld County Code.
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, Weld County Sheriff's Office,
Weld County Paramedic Services, and the Post Office for review and
written approval.
B. The Change of Zone plat shall meet all requirements of Section 27-9-20
of the Weld County Code.
C. The applicant shall submit a proposed estimate for time of construction of
the Planned Unit Development.
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.
E. The applicant shall address the concerns of the Colorado Geologic
Survey, as stated in a letter dated February 25, 2002, and incorporate
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 10
remedies for these concerns. Written evidence of solutions shall be
provided to the Department of Planning Services.
F. The applicant shall address the concerns of the Weld County Sheriff's
Office expressed 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.
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.
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 the Department of Planning Services. 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),
Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4) ... (Group 6 is not
acceptable).
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. Change of Zone #602 from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District is for 618 lots with R-1, R-2,
R-3, and R-4 (Residential) Zone uses, and 31 lots with C-1, C-2, and I-1
(Commercial and Industrial) Zone uses, as indicated in the application
materials on file 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
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 11
reason for revocation of the Permit by the Board of County
Commissioners.
B. The applicant shall obtain water from the Little Thompson Water District
and sewer service shall be provided by the St. Vrain Sanitation District.
C. Permanent restroom and hand washing facilities shall be provided within
easy access of the public gathering areas.
D. 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.
E. 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.
F. During development of the site, all land disturbances shall be conducted
so that nuisance conditions are not created. If dust emissions create
nuisance conditions, at the request of the Weld County Department of
Public Health and Environment, a Fugitive Dust Control Plan must be
submitted.
G. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres of
land must incorporate all available and practical methods that are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. If land development creates more than a 25-acre contiguous disturbance,
or exceeds six (6) months in duration, the responsible party shall prepare
a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice,
and apply for a permit from the Colorado Department of Public Health
and Environment.
A Developer's/Lessee/Owner's 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.
J. Proper Building Permits shall be obtained prior to any construction,
remodeling, demolition, or excavation.
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 12
K. All signs, including entrance signs, shall require Building Permits. Signs
shall adhere to Sections 26-2-90 and 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.
L. 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.
M. A Plan Review will be required for each building. Two complete sets of
plans are required when applying for the permit.
N. All structures shall conform to Section 29-2-10 of the Weld County Code,
Section 29-2-20, Article II (1997 Uniform Building Code), Section 29-2-30,
Article II (1998 International Mechanical Code), Section 29-2-40, Article II
(1999 Electrical Code), and Section 29-2-50, Article II (1997 International
Plumbing Code).
O. 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.
P. 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 with 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.
Q. 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.
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 13
R. A Flood Hazard Development Permit shall be submitted for buildings,
structures, roadways, ramps, stairs, etcetera, constructed within the
100-Year Flood Plain.
S. 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.
T. 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 Department of Building Inspection or the Mountain View
Fire Protection District may reveal other building issues or areas needing
attention.
U. Effective December 1, 1999, Building Permits issued on the proposed
lots will be required to adhere to the fee structure criteria of Chapter 20,
Article II, and Appendix 20-E of the Weld County Code, 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.
V. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
W. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Article II, of the Weld County
Code.
X. The property owner shall be responsible for complying with Chapter 27,
Article VIII, of the Weld County Code.
Y. The property owner shall be responsible for complying with the criteria of
Chapter 26 of the Weld County Code.
Z. 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.
AA. 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.
BB. 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
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 14
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.
4. At the time of Final Plan submittal:
A. The final alignment of the 1-25 Frontage Road, State Highway 66, Weld
County Road 9.5 and the Weld County Road 28 connection shall be
completed and all land dedications completed.
B. The applicant shall submit Final Roadway Plans for review for all roads
within the proposed Planned Unit Development.
C. The applicant shall submit a draft copy of the Homeowners' Association
Covenants for review and approval by the Weld County Attorney's Office.
D. The applicant shall submit the final grading and drainage plans.
E. The applicant shall submit evidence that an interim access onto Weld
County Road 28 is not required for the Planned Unit Development should
the Weld County Road 9.5 connection not be in place.
F. The applicant shall submit On-site (Private) and Off-site (Public)
Improvements Agreements that addresses all improvements associated
with this development, per compliance with Section 24-9-10 of the Weld
County Code.
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 Planned Unit Development.
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.
Service Provision Impacts for ambulance shall be addressed as required
by Section 27-6-50.B.4 of the Weld County Code.
2002-1649
PL1601
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 15
J. The applicant shall submit a Landscape Plan in accordance with
Sections 27-2-100 and 26-2-60 of the Weld County Code.
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.
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.
M. The applicant shall submit evidence of an agreement with the St. Vrain
Valley School District pertaining to cash-in-lieu of land prior to submitting
the Final Plat application.
N. The applicant shall agree to enter into a Voluntary Capital Mitigation
Agreement, in the same form and intent as the draft copy submitted into
the record, if the proposed school bond issue currently planned for
November 2002, fails and the St. Vrain Valley School District adopts said
Voluntary Capital Mitigation Plan.
O. The PUD Final Plan shall comply with all regulations and requirements of
Section 27 of the Weld County Code.
P. 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).
5. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and Stop signs, as
required by the Department of Public Works, at the appropriate locations.
B. Complete drawings shall be submitted for review by the Mountain View
Fire Protection District.
C. Effective December 1, 1999, Building Permits issued on the proposed
lots will be required to adhere to the fee structure criteria of Chapter 20,
Article II, and Appendix 20-E of the Weld County Code, 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.
2002-1649
PL1601
CHANGE OF ZONE #602 FROM A (AGRICULTURAL) TO PUD - MIKE SIEGRIST
PAGE 16
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST 1ISWS% EXCUSED
r G Vaad, Chair
Weld County Clerk to the g.ar.,
L �
IF6I- :r d F C-X�
zG • � David E. L•"- ,'Pro-Tern BY: Deputy Clerk to the B�� . �, ��
�ij dJ. &He
P' V a :. O FIRM:
William H. Jerke
County Attor ey EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
Date of signature: 7�5
2002-1649
PL1601
Hello