HomeMy WebLinkAbout20051304.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1000, FOR NINE(9) RESIDENTIAL LOTS WITH E(ESTATE)ZONE
USES AND THREE (3) NON-RESIDENTIAL OUTLOTS FOR OPEN SPACE -
STENERSON, OLSON AND LOWREY DEVELOPMENT, LLC
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 11th day of May,2005,at 10:00 a.m. for the
purpose of hearing the application of Stenerson,Olson and Lowrey Development,LLC,3040 South
Newcombe Way, Lakewood, Colorado 80227, requesting a Site Specific Development Plan and
Planned Unit Development Final Plan, PF#1000,for nine(9)residential lots with E(Estate)Zone
uses and three(3)non-residential outlots for open space-Nesting Crane Ranch,for a parcel of land
located on the following described real estate, to-wit:
W1/2 W1/2 NE1/4 of Section 30, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented at said hearing by Jeff Olson, 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 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 the Weld County Code. The proposed site is currently
influenced by an Intergovernmental Agreement with the City of Longmont;
however, the application process was submitted to the County prior to the
IGA being established. The proposal is consistent with the aforementioned
documents as follows:
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1) Section 22-2-60.C(A.Goal 3)states, "Provide a mechanism for the
division of land which is agriculturally zoned. Options for division
shall be provided to ensure the continuation of agricultural production
and accommodate low intensity development. Urban-scale
residential, commercial, and industrial development will be
discouraged in areas where adequate services and infrastructure are
not currently available or reasonably obtainable." The applicant is
proposing a low-density residential development of nine (9) lots on
39.64 acres. The minimum lot size is 2.5 acres, with an overall
density of one(1)septic system per 4.4 acres,which does meet the
current policy of the Department of Public Health and Environment.
The St. Vrain Sanitation District, in its referral dated April 27, 2005,
asks the developer to investigate extending the sewer line from the
Liberty Gulch area (1.5 miles away) to serve their site.
2) Section 22-2-60.D(A.Goal 4)states,"Conversion of agricultural land
to nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be
compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses." Once converted,
this land is less conducive to agricultural production. The proposed
PUD will be serviced by the Longs Peak Water District for potable
water and fire protection requirements, and individual sewage
disposal systems will handle the effluent flow. The surrounding
properties consist of primarily single family homes to the east,
agricultural uses are in practice to the north and south,and Seemore
Heights Subdivision is located to the west. The majority of the
property is level, is currently not farmed,and consists of long grass.
3) Section 22-2-210.D.2 (PUD.Policy 4.2.) states, "A Planned Unit
Development which includes a residential use should provide
common open space free of buildings,streets,driveways or parking
areas. The common open space should be designed and located to
be easily accessible to all the residents of the project and usable for
open space and recreation. Some Planned Unit Developments may
not require common open space depending on their type,density,or
other factors." The proposal includes 6.26 acres of open space
located at the access to the subdivision.
4) Section 22-2-210.D.3 (PUD.Policy 4.3.) states, "Conservation of
natural site features such as topography, vegetation, and water
courses should be considered in the project design." The site is
primarily level with no significant natural features.
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5) Section 22-2-210.F.1 (PUD.Policy 6.1.) states, "The development
should provide for perpetual maintenance of all commonly shared
land and facilities. The County should not bear the expense or
responsibility of maintenance for any commonly shared land or
facilities within the Planned Unit Development." The Conditions of
Approval ensure that any future work required to maintain the open
space shall be at the expense of the Homeowners' Association.
6) Section 22-3-50.6.1 (P.Goal 2)states,"Require adequate facilities
and services to assure the health, safety and general welfare of the
present and future residents of the County." The proposed PUD will
be serviced by the Longs Peak Water District for potable water and
fire protection requirements. Individual sewage disposal systems will
handle the effluent flow. The St. Vrain Sanitation District, in its
referral dated April 27,2005, stated that at this time there is a sewer
line up through Liberty Gulch (1.5 miles away) and asks that the
developer extend the line to serve the site.
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.
1) Section 27-2-20, Access standards-The applicant is proposing to
utilize an existing easement in the Seemore Heights Subdivision to
the west for emergency access to the site. No comments have been
received from Department of Public Works at this time.
2) Section 27-2-40, Bulk requirements -The applicant has chosen to
adhere to the bulk requirements of the E(Estate)Zone District. The
applicant has met the remaining Performance Standards as
delineated in Section 27-2-10. The Conditions of Approval ensure
compliance with Sections 27-2-20 through 27-2-220 of the Weld
County Code.
C. Section 27-7-40.D.2.c-The uses which will 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 the Weld County Code or master plans of affected
municipalities. The proposed site is currently influenced by an
Intergovernmental Agreement with the City of Longmont, however, the
application was submitted to the County prior to the IGA being adopted. The
site is also located within the three-mile referral areas for the Town of Mead
and Boulder County. The City of Longmont,in its referral dated April 6,2005,
indicate that it has no additional comments at this time. The Town of Mead,
in its referral dated March 18,2005, states, "this project site is now outside
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of the Town's planning area." Boulder County did not respond to the referral
request.
D. Section 27-7-40.D.2.d - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27,Article II,of the Weld County Code.
The proposed PUD will be serviced by the Longs Peak Water District for
potable water and fire protection requirements, and individual sewage
disposal systems will handle the effluent flow. At the time of the Change of
Zone, the Weld County Department of Public Health and Environment
indicated that the application has satisfied Chapter 27 of the Weld County
Code in regard to water and sewer service.
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 PUD
Zone District. The applicant is proposing an interior roadway with 60 feet of
right-of-way for two twelve-foot gravel lanes and two four-foot shoulders.
The Weld County Department of Public Works, in its referral dated April 27,
2005, stated that the final roadway plan and drainage plan drawings
submitted by the applicant have not been stamped and sealed and will be
required to be signed, stamped, and dated prior to recording the final plat.
The Weld County Department of Public Works has reviewed the proposal
and has determined that the internal road right-of-way shall be sixty(60)feet
in width, including cul-de-sacs with a sixty-five (65) foot radius, and
dedicated to the public. The typical roadway section of the interior roadway
shall be shown as two twelve-foot paved lanes with four-foot gravel
shoulders on the final plat. The cul-de-sac edge of roadway radius shall be
fifty (50) feet. Stop signs and street names will be required at all
intersections.
F. Section 27-7-40.D.2.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,and a Road Improvements Agreement is complete
and has been submitted,if applicable. The Department of Planning Services
shall require an Improvements Agreement in accordance with
Section 27-6-120.6.f of the Weld County Code for improvements to Nesting
Crane Ranch PUD and all on-site improvements.
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. 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. The site does not lie within any additional
overlay districts and no commercial mineral deposits have been noted.
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H. Section 27-7-40.D.2.h - Consistency exists between the proposed Zone
District uses, and the submitted Specific Development Guide does
accurately reflect the Performance Standards and allowed uses described
in the proposed Zone District, as described previously.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Stenerson,Olson and Lowrey Development,LLC,for a Site
Specific Development Plan and Planned Unit Development Final Plan, PF #1000, for nine (9)
residential lots with E (Estate)Zone uses and three (3) non-residential outlots for open space -
Nesting Crane Ranch,on the above referenced parcel of land be,and hereby is,granted subject to
the following conditions:
1. Prior to recording the Final Plat:
A. The applicant shall provide the Department of Planning Services with a sign
plan that conforms with Section 23-4-80.A of the Weld County Code.
B. The applicant shall address the concerns and comments of the Department
of Public Works as stated in the referral response dated April 28, 2005.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
C. The applicant shall identify a road name for the proposed development and
provide written evidence from all applicable service agencies, including the
Mountain View Fire Protection District, the Weld County Sheriffs Office,
Ambulance provider, and the Post Office, which shall submit to the
Department of Planning Services that the proposed name is in compliance
with its identification/naming protocol.
D. The applicant shall address the concerns and comments of the Colorado
Division of Wildlife, as stated in the referral response dated April 1, 2005.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
E. The applicant shall attempt to address the concerns and comments of the
St.Vrain Sanitation District,as stated in the referral response dated April 27,
2005. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
F. The applicant has submitted a draft Improvements Agreement According to
Policy Regarding Collateral for Improvements(Public Road Maintenance).
The Agreement has been reviewed and approved by the Departments of
Planning Services and Public Works. The applicant shall submit a signed
copy of the Improvements Agreement,along with the appropriate collateral.
The agreement and collateral shall be approved and accepted by the Board
of County Commissioners prior to recording the Final Plat.
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G. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for Nesting Crane Ranch PUD. Any changes
requested by the Weld County Attorney's Office shall be incorporated.
H. The applicant shall submit finalized copies and the appropriate fee($6 for the
first page and $5 for each additional page) to the Department of Planning
Services for recording the Restrictive Covenants for Nesting Crane Ranch
PUD in the Office of the Clerk and Recorder.
The applicant shall submit evidence that the Homeowners'Association has
been recorded with the Colorado Secretary of State.
J. The applicant shall submit recorded evidence that the Outlots have been
deeded to the Nesting Crane Ranch Homeowners' Association.
K. The applicant shall submit a request to a Weld County Building Technician
for lot addresses. The subdivision street name and lot addresses shall be
submitted to the Mountain View Fire Protection District, the Weld County
Sheriffs Office,Ambulance provider,and the Post Office for review. Written
evidence of approval shall be submitted to the Weld County Department of
Planning Services.
L. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF-1000.
2) The applicant shall adhere to the plat requirements in preparation of
the Final Plat. The vicinity map shall be delineated at a scale of
1"-2000'and the Site Plan shall be delineated at a scale of 1"-100'or
1"-200'.
3) All changes required by the Weld County Utility Advisory Committee.
4) State Highway 66 requires 100 feet right-of-way at full build out. A
total of 50 feet from the centerline of State Highway 66 shall be
delineated as right-of-way reservation for future expansion of State
Highway 66. The future right-of-way shall be incorporated into the
design. Should additional right-of-way be required,the open space
requirement of 15 percent may not be met. Changes to the open
space layout may be required.
5) "Weld County's Right to Farm,"as provided in Appendix 22-E of the
Weld County Code, shall be placed on any recorded plat.
6) Stop signs and street name signs will be required at all intersections.
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2. The Final Plat is conditional upon the following and that each shall be placed on the
Final Plat as notes prior to recording:
A. The Final Plat allows for PUD(Planned Unit Development)zoning for nine(9)
lots with E (Estate)Zone uses, along with three (3) non-residential outlots
(6.26 acres)of open space,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.
B. Approval of this plan may create a vested property right pursuant to
Section 23-8-20 of the Weld County Code.
C. No building permits shall be issued for Non-buildable Lots A, B, and C.
D. Water service shall be obtained from the Longs Peak Water District.
E. This Planned Unit Development is in rural Weld County and is not served by
a municipal sanitary sewer system. Sewage disposal shall be by septic
systems designed in accordance with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control
Division, and the Weld County Code in effect at the time of construction,
repair, replacement, or modification of the system.
F. If required,the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
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 Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
H. 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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
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.
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J. A Homeowners'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, streets, private utilities, and other facilities along with the
enforcement of covenants.
K. The Homeowners'Association shall be responsible for replacing all dead or
dying plant material in the open space areas.
L. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
M. Stop signs and street name signs will be required at all intersections.
N. All signs,including entrance 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.
O. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
P. Building permits shall be obtained prior to the construction of any building or
structure. Building permits are also required for signs and structures such
as bus shelters, if provided.
Q. Activities,such as permanent landscaping,structures,dirt mounds or other
items, are expressly prohibited in the septic absorption field site.
R. 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.
S. 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.
T. 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.
U. Due to poor soils and/or shallow bedrock conditions,each septic system will
be engineered.
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V. 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.
W. 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.
X. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
Y. Weld County Government personnel shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out
on the property comply with the Conditions of Approval stated herein and all
applicable Weld County regulations.
Z. The site shall maintain compliance at all times with the requirements of the
Weld County Departments of Public Works, Public Health and Environment,
and Planning Services, and adopted Weld County Code and policies.
AA. Prior to the issuance of building permits,the applicant shall verify the location
of the nearest sanitary sewer line with the St. Vrain Sanitation District. In
accordance with the Weld County Code, if a sewer line exists within four
hundred (400)feet of the property line and the sewer provider is willing to
serve the proposed structure,a septic permit cannot be granted by the Weld
County Department of Public Health and Environment. Evidence of such
shall be submitted in writing to the Weld County Department of Planning
Services.
BB. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
CC. Section 27-8-80.A of the Weld County Code - Failure to Comply with the
PUD Final Plan -The Board of County Commissioners may serve written
notice upon such organization or upon the owners or residents of the PUD
setting forth that the organization has failed to comply with the PUD Final
Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty(30)days thereof. A hearing shall be held
by the Board within fifteen (15)days of the issuance of such notice,setting
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forth the item, date, and place of the hearing. The Board may modify the
terms of the original notice as to deficiencies and may give an extension of
time within which they shall be rectified.
DD. Section 27-8-80.B of the Weld County Code - Any PUD Zone District
approved in a Final Plan shall be considered as being in compliance with
Chapter 24 of the Weld County Code and Section 30-28-101,et seq.,C.R.S.
EE. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Final Plat map shall be submitted to the Department of Planning Services for
recording within thirty(30)days of approval by the Board of County Commissioners.
With the Final Plat map, 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).
4. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
B. Buildings shall be designed and constructed in accordance with the
provisions of the Uniform Fire Code.
C. All fire hydrants, water mains, and access roads must be approved before
building construction may begin. Fire apparatus access must be designed
and maintained to support the imposed loads of fire apparatus (75,000
pounds) and must have a surface that provides all-weather driving
capabilities. Once fire hydrants have been install and placed in service,the
Fire District needs to be provided with information from the water service
provider indicating there is available water supply for fire protection.
D. All plans for residential fire sprinkler systems must be submitted to, and
approved by, the Fire District prior to installation of such systems.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 11th day of May, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MA0%-€44
1861 •
William H. J ke, Chair
iS Clerk to the Board
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W M. J. e'e, Pro-'em
Deputy Clerk to the Board _ S
D 'd E. Long
AP V AST •
Robert D. Masd
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Y Y Pau
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Date of signature: _74,34--
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