HomeMy WebLinkAbout20050237.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT
DEVELOPMENT FINAL PLAN, AMPF #431, FOR A LOT LINE ADJUSTMENT FOR
LOT 1, BLOCK 3,AND OPEN SPACE IN THE WESTERN DAIRYMEN COOPERATIVE
PLANNED UNIT DEVELOPMENT-OCON GROUP, LLC,AND LEHIGH ENTERPRISES
ACQUISITION
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 19th day of January,2005, at 10:00 a.m.for
the purpose of hearing the application of OCON Group, LLC, P.O. Box 903, Longmont, Colorado
80502,and Lehigh Enterprises Acquisition, 10220 Ambassador Boulevard, Kansas City, Missouri,
64153,requesting a Site Specific Development Plan and Amended Planned Unit Development Final
Plan, PF #431, for a Lot Line Adjustment for Lot 1, Block 3, and Open Space in the Western
Dairymen Cooperative Planned Unit Development, for a parcel of land located on the following
described real estate, to-wit:
Lot 1, Block 3, and Open Space in the Western
Dairymen Cooperative Planned Unit Development;
being part of Section 10,Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
January 26, 2005, to a date when the applicant could be present, and
WHEREAS,on January 26,2005,the applicant was represented by Shannon Peterson of
OCON Group, LLC, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, 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 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
a. Section 27-7-40.D.2.a--The proposal is consistent with Chapters 19,22,23,
24,and 26 of the Weld County Code and any intergovernmental agreement
in effect influencing the PUD. The proposed Amended PUD Final Plan is
consistent with all the applicable chapters of the Weld County Code. There
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AMENDED PUD FINAL PLAN,AMPF#431 -OCON GROUP, LLC,AND LEHIGH ENTERPRISES
ACQUISITION
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is an existing ten-foot(10')utility easement on the perimeter of Lot 1, Block 3.
There is an existing fifteen-foot(15')utility easement on the north and south
sides, and a ten-foot(10') utility easement on the east and west side of the
open space. At the hearing on October 28,2004,the Utility Board requested
that the applicant provide a twenty foot(20')easement on the inside of Lot 1,
Block 3, along with an additional ten-foot (10') easement on the outside
perimeter. The Utility Board also requested that the applicant delineate the
future right-of-way reservation of Weld County Road 7.5 on the plat. The
applicants will be required to obtain a written sign-off from the utility service
providers prior to recording the plat. The site is located within the Mixed Use
Development (MUD) area and will be developed to MUD standards at the
time of Site Plan Review. The property is not located in an Intergovernmental
Agreement(IGA)area,however,it is located within three miles of the City of
Longmont, Town of Firestone, Town of Frederick, and the Town of Mead.
b. Section 27-7-40.D.2.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. The proposal
does not affect the Performance Standards and/or the Development
Standards as approved by the Board of County Commissioners for the
Western Dairymen Cooperative Final Plat on November 24, 1997. The
County is holding an On-site Improvements Agreement for the sum of
$150,136.95,recorded on January 21, 1998. Prior to recording the Amended
Final Plat staff is requiring that the improvements be completed on the site.
c. Section 27-7-40.D.2.c--The uses which will be permitted will be compatible
with the existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code or master plans of affected
municipalities. The Town of Mead, the Town of Frederick, and the City of
Longmont indicated in their referrals that they have no concerns. The Town
of Firestone did not respond to the referral. The proposal is to change the
configuration and acreages of Lot 1 and the open space in the Western
Dairymen Cooperative PUD. Lot 1 is currently 6.5 acres and is proposed to
be enlarged slightly to 7.47 acres. The open space is currently 19.53 acres
and is proposed to be decreased to 18.55 acres. The reconfiguration will
provide Lot 1 additional frontage along State Highway 119. Western
Dairymen Cooperative PUD currently has 35.5 percent of open space, and
the proposed reconfiguration will reduce the overall open space to 333
percent, which still meets the MUD open space requirements.
d. Section 27-7-40.D.2.d -- Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the Performance Standards in Chapter 27,Article II, of the
Weld County Code. The site is serviced by the Left Hand Water District and
the Saint Vrain Sanitation District.
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ACQUISITION
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e. Section 27-7-40.D.2.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
amended PUD Zone District. The proposal does not affect transportation
facilities. The Colorado Department of Transportation(CDOT), in its referral
dated September 6, 2004, indicated that it had no concerns. The
Department of Public Works indicated, in its referral dated September 30,
2004, that it has no comments or any disagreements with this application.
f. Section 27-7-40.D.2.f-- In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Sections of Chapters 22,24,and 26
of the Weld County Code, if applicable. The proposal does not affect
transportation facilities. In its referral dated September 6, 2004, CDOT
indicated that it had no concerns.
g. Section 27-7-40.D.2.g -- There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. Issues regarding overlay districts, commercial mineral
deposits,and soil conditions were addressed during the original Final Plan,
S-431 for Western Dairymen Cooperative. Effective January 1, 2003,
Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the County-Wide Road Impact Program.
h. Section 27-7-40.D.2.h--The proposed Amended PUD Final Plan uses are
compatible with the criteria listed in the Development Guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of OCON Group,LLC,and Lehigh Enterprises Acquisition for
a Site Specific Development Plan and Amended Planned Unit Development Final Plan, PF#431,
for a Lot Line Adjustment for Lot 1, Block 3,and Open Space in the Western Dairymen Cooperative
Planned Unit Development, on the above referenced parcel of land be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the PUD Final Plat:
A. The applicant shall place the Certificate of Dedication Ownership and
Maintenance,Surveying Certificate,and Certificate of Approval by the Board
of County Commissioners on the Amended Final Plat for Western Dairymen
Cooperative.
B. Section 27-2-60 of the Weld County Code states that the "common open
space in the PUD Zone District shall be owned and maintained in perpetuity
by an organization established specifically for such ownership and
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maintenance purposes" (Homeowners' Association). The applicant shall
provide the Department of Planning Services with a deed transferring the
open space to the Homeowners' Association to be recorded by the
Department of Planning Services along with the Mylar.
C. The applicant shall provide the Department of Planning Services with a
sign-off from the Homeowners'Association regarding this application for the
redesign of the open space and Lot 1, Block 3, of the Western Dairymen
Cooperative.
D. The applicant shall complete the on-site improvements in compliance with
the S-431 plat recorded January 21, 1998.
E. The applicant shall address the requirements and concerns of the Colorado
Division of Wildlife,as stated in the referral response dated September 21,
2004. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
F. The applicant shall submit to the Department of Planning Services written
evidence of a timeline for completion of the improvements for the Western
Dairymen Cooperative.
G. The plat shall be amended to include the following:
1) The approved open space Landscape/Screening Plan shall be
shown on the plat as approved on the original S-431.
2) All sheets of the plat shall be labeled AMPF-431.
3) The Weld County's Right to Farm statement,Appendix 22-E shall be
placed on the plat.
4) The applicant shall address the requirements and concerns of the
Utility Board, as stated in the meeting minutes from October 28,
2004.
5) The applicants shall obtain a written sign-off from the utility providers
prior to recording the plat. The utility name and signature shall be on
the plat in accordance with Section 27-9-40.6 of the Weld County
Code.
H. The Amended PUD Final Plat is conditional upon the following and each shall
be placed on the Amended PUD Final Plat as notes prior to recording:
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1) This replat shall comply with the notes listed on the Western
Dairymen Cooperative PUD plat(S-431)recorded January 21, 1998,
under Reception No. 2590085 as listed below.
a. The uses permitted within the PUD Final plan shall include a
total of nineteen(19)lots and open space will comply with the
PUD Zone District requirements and as described in the
application materials.
b. Approval of this plan may create a vested property right
pursuant to Section 23-8-10 of the Weld County Code.
c. Left Hand Water District shall provide water service to all
uses within the PUD Zone District.
d. St.Vrain Sanitation District shall provide sewage disposal to
all lots within the PUD Zone District.
e. The property owner or operator shall be responsible for
complying with the Design Standards of Section 23-2-240 of
the Weld County Code, as amended, and the conditions of
the Weld County Utility Board.
f. All uses with the PUD Final Plan shall comply with the
requirements of the Mountain View Fire Protection District.
g. Access to the development shall be from Weld County
Road 7.5 which intersects State Highway 119.
h. All uses within the PUD Final Plan shall maintain compliance
at all times with the Department of Army, Corps of Engineers
requirements/standards.
Exterior illumination of structures,yards,and driveways shall
be restricted as follows:
1) Sources of light shall be shielded so that beams of
light will not shine directly onto adjacent properties.
2) Neither the direct nor reflected light from any light
source may create a traffic hazard to operators of
motor vehicles on public or private streets.
j. The landscaping on the site shall be maintained in
accordance with the approved Landscape Plan.
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k. Any proposed sign shall adhere to Sections 23-4-100,
23-4-110, and 26-2-90 of the Weld County Code. The
applicant shall apply for,and receive,a Building Permit for all
proposed signs.
Prior to the release of Building Permits for structures,
foundation plans shall be submitted bearing the stamp of a
Colorado professional engineer for review and approval by
the Weld County Department of Building Inspection.
m. Prior to any use or construction of any lot within the PUD, a
Site Plan Review application shall be submitted, reviewed,
and approved and conditions met.
n. All lots within the PUD shall adhere to the MUD Development
Standards and shall be reviewed through the Site Plan
Review application process.
2) Effective January 1,2003, Building Permits issued on the proposed
lots will be required to adhere to the fee structure of the County-Wide
Road Impact Program.
3) A plan review is required for each building. Plans shall bear the wet
stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required when applying for each permit.
4) Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Current adopted
codes include the 2003 International Building Code,2003 International
Residential Code, 2003 International Mechanical Code, 2003
International Plumbing Code, 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
5) 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.
6) Building height, wall and opening protection, and separation of
buildings with mixed uses shall be in accordance with the Building
and/or Residential Code in effect at the time of permit application.
Setback and offset distances shall be determined by the Weld
County Code.
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7) Building height shall be measured in accordance with the applicable
Building Code for the purpose of determining the maximum building
size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23
of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Off-set
and setback requirements are measured to the farthest projection
from the building.
8) The property owner shall be responsible for compiling with the
Performance Standards of Chapter 27,Articles II and VIII,of the Weld
County Code.
9) The property owner shall be responsible for complying with
Chapter 27 and Chapter 26, Article VIII, of the Weld County Code.
10) The property owner shall be responsible for complying with the
criteria of Chapter 26 of the Weld County Code.
11) Personnel from Weld County government 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.
12) Fugitive dust shall be controlled on this site.
13) Weld County's Right to Farm as delineated on this plat shall be
recognized at all times.
14) All signs shall require Building Permits. Signs shall adhere to
Section 23-4-80 of the Weld County Code. These requirements shall
apply to all temporary and permanent signs.
15) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
16) In accordance with the Weld County Code, no land, building, or
structure shall be changed in use or type of occupancy, developed,
erected,constructed,reconstructed,moved or structurally altered or
operated in the Commercial and Industrial Zone District until a Site
Plan Review application meeting the criteria of Section 23-2-160 and
Chapter 26 of the Weld County Code has been submitted to the
Department of Planning Services for review and approval.
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17) A Flood Hazard Development Permit shall be submitted and
approved prior to any activity occurring on the site.
18) If any work associated with this project requires the placement of
dredged or fill material,and any excavation associated with dredged
or fill project,either temporary or permanent, in waters of the United
States at this site,the Department of the Army, Corps of Engineers
should be notified by a proponent of the project for proper permits or
changes in permit requirements pursuant to Section 404 of the Clean
Water Act.
19) Landscaping materials, as indicated in the approved Landscape/
Screening Plan, shall be maintained at all times. Dead or diseased
plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time.
20) Common open space is defined as any usable parcel of land or
water unimproved and set aside,dedicated,designated,or reserved
for public or private, or for the use and enjoyment of owners or
occupants of land adjoining or neighboring such area.
2. The applicant shall submit two(2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
3. The applicant shall submit a digital file of all drawings associated with the Amended
Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation);acceptable GIS formats are ArcView shapefiles,Arcl nfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable).
4. Upon completion of Conditions of Approval #1 and #2 above, 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 24-4-40.D.6 through D.9 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.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 26th day of January, A.D., 2005.
�� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
a �� G
EST: // ��// ` ti,—
EL William H. Jerke, Chair
�'•unty Clerk to the Board
EXCUSED
aei C? � � , M. J. ile,
t Pro-Tem
Y:
� !�� ty Clerk to the Board _ Qv,/
s It David E. Long
AP E S TO • EXCUSED
Robe D. Masden
unty Attorney AA,( (/‘W))
Glenn Vaad
Date of signature: 4/4a---
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