HomeMy WebLinkAbout20042706.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN,PF#1011,FOR 40 LOTS WITH R-1 (LOW DENSITY RESIDENTIAL)ZONE
USES, ALONG WITH 193 ACRES OF OPEN SPACE CONSISTING OF A RIVER
CORRIDOR AND TWO PRIVATE RECREATIONAL LAKES - RIVER RUNS
THROUGH IT, LLC, C/O DOUG TIEFEL
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 15th day of September, 2004, at 10:00 a.m.
for the purpose of hearing the application of River Runs Through It, LLC, do Doug Tiefel,
P.O. Box 17130, Boulder, Colorado 80308, requesting a Site Specific Development Plan and
Planned Unit Development Final Plan, PF#1011,for 40lots with R-1 (Low Density Residential)Zone
uses,along with 193 acres of open space consisting of a river corridor and two private recreational
lakes, for a parcel of land located on the following described real estate, to-wit:
Part of the E112 of Section 36, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented at said hearing by Doug Tiefel, 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.
1) 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." The site has lakes which are to be used
for sailing, skiing, and fishing. Two areas are planned for picnic
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areas and boat docks. The applicant has also included an area for
a wildlife preserve.
2) Section 22-3-50.B.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 northern portion of
the proposed PUD will be serviced by the Little Thompson Water
District for potable water and fire protection requirements. The
southern portion of the proposed PUD will be serviced by the Central
Weld County Water District. The St. Vrain Sanitation District will
handle the effluent flow; however, it expressed concerns that not all
of the property was included in its District. The original request for
inclusion into the District did not include the river and lakes. In a
telephone message received on September 8, 2004, from Steve
Beck with St. Vrain Sanitation District, Mr. Beck indicated that the
District has agreed to accept the property as it was originally
petitioned into the District even though it does not meet their current
policy. In a referral response from the Colorado Division of Water
Resources, the Division requested additional information on the
Water Supply Information Summary form,and clarification as to who
is responsible for augmentation of ponds. The applicant has
submitted the requested information,and in a telephone conversation
on September 9, 2004, Joanna Williams with the Division of Water
Resources stated their concerns have been addressed. No
additional concerns have been raised from referral agencies
regarding the adequacy of services to the site.
3) The proposed site is not influenced by any Intergovernmental
Agreements.
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 Chapter27,Article II,of the Weld County Code. The applicants
have met the twenty performance standards as delineated in Section 27-2-10
regarding access, buffering and screening, bulk requirements, circulation,
etcetera. The applicants have submitted Improvement Agreements
According to Policy Regarding Collateral for Improvements (Private Road
Maintenance) and are required to enter into an Off-site Improvements
Agreement for pavement of Weld County Road 26. The Agreements will be
required to be approved and accepted by the Board of County
Commissioners prior to recording the final plat.
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 proposed site is not influenced by an Intergovernmental
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Agreement. The Town of Mead stated that it does not want Pelican Shores
to be approved as an unincorporated project, and that the northern portion
should be referred to the Town for possible annexation. However, the
applicant has chosen to proceed through the County application process.
The Town of Frederick indicated the plan does meet its Comprehensive
Plan. The Town of Firestone did not respond to the referral request.
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 northern portion of the proposed PUD will be
serviced by the Little Thompson Water District for potable water and fire
protection requirements. The southern portion of the proposed PUD will be
serviced by the Central Weld County Water District. St. Vrain Sanitation
District will handle the effluent flow.
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 Department of Public Works has required the portion of
Weld County Road 26, south of the centerline, to be paved to a full 12-foot
section with fillets at the edge of pavement to eliminate drop offs.
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,
if applicable. The applicant is required to enter into an Off-site Improvements
Agreement for pavement of Weld County Road 26. The Agreement will be
required to be approved and accepted by the Board of County
Commissioners prior to recording the final plat.
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. The Conditions of Approval ensure that soil conditions shall be
considered when placing structures on the site,and agreements have been
reached with all oil and gas interests. A gravel mine is currently located on
the site, permitted by Use by Special Review Permit #639, and will be
required to be vacated prior to recording the final plat.
h. Section 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible
with the criteria listed in the Developmental Guide.
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of River Runs Through It, LLC, c/o Doug Tiefel, for a Site
Specific Development Plan and Planned Unit Development Final Plan, PF#1011, for 40 lots with
R-1 (Low Density Residential)Zone uses,along with 193 acres of open space consisting of a river
corridor and two private recreational lakes,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 has submitted two draft Improvements Agreements According
to Policy Regarding Collateral for Improvements(Private Road Maintenance);
one for the northern portion of the site and one for the southern portion of the
site. The agreements and collateral shall be approved and accepted by the
Board of County Commissioners prior to recording the Final Plat. The
Improvements Agreement should include the construction of a cistern and
vaulted restroom at each of the two recreational areas.
B. The applicant shall enter into an Off-site(Public)Improvements Agreement
for improvements to Weld County Road 26. This agreement shall be
approved by the Board of County Commissioners. The agreements and
collateral shall be approved and accepted by the Board of County
Commissioners prior to recording the Final Plat.
C. The applicant shall submit a final geotechnical report for this development
site that includes groundwater levels and disturbed soil conditions/properties.
The Department of Public Works has not received this report as to date.
Evidence of approval by the Department of Public Works shall be submitted
to the Department of Planning Services.
D. The applicant submitted covenants for the northern portion of the PUD.The
application indicates that the covenants for the southern portion are
substantially the same. The applicant shall submit three complete copies of
the covenants for the southern portion for review and approval by County
staff.
E. The Covenants for Pelican Shores shall be amended to include the following
notice: In accordance with the Augmentation Agreement recorded on
May 15, 1986, in Book 1112, Reception No. 2053601, with the Central
Colorado Water Conservancy District, the Pelican Shores Homeowners'
Association could be held responsible for ensuring the evaporative depletions
from the site are being replaced.
F. The applicant shall indicate the location of any existing lateral ditch.
G. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed the Restrictive Covenants and Homeowners' Association
Incorporation paperwork for Pelican Shores PUD. Any changes requested
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by the Weld County Attorney's Office shall be incorporated. In order to be in
compliance with the Weld County Code, Article IV, Section 7, of the
Covenants shall be amended to read "No sign may exceed two (2)square
feet." The covenants shall also be amended to include language expressly
stating that river stabilization shall be at the expense of the Homeowners'
Association.
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 Pelican Shores PUD in
the Office of the Clerk and Recorder.
The applicant shall submit Certificates from the Secretary of State showing
the Pelican Shores Homeowners' Association has been formed and
registered with the state.
J. A Signing Plan, per the current edition of the Manual on Uniform Traffic
Control Devices (MUTCD), is required as part of the final roadway plans.
The Signing Plan may include street names, stop, yield, no outlet or other
associated subdivision signing. Written evidence of approval by the
Department of Public Works shall be submitted to the Department of
Planning Services.
K. The portion of Weld County Road 26,south of the centerline,shall be paved
to a full 12-foot section with fillets at the edge of the pavement to eliminate
drop-offs, and so noted on the roadway construction drawings. Written
evidence of approval by the Department of Public Works shall be submitted
to the Department of Planning Services.
L. The applicant shall provide the Department of Public Works with stamped,
signed,and dated final roadway,drainage,utility/construction plan drawings
(full set). Certified drawings will remain in the Department's file for use
during construction. Written evidence from the Department of Public Works
indicating the plans have been submitted shall be given to the Department
of Planning Services.
M. The applicant shall submit three (3) additional sets of final roadway,
drainage, utility/construction plan drawings (stamped, signed, and dated)
to the Department of Public Works for Weld County Field Inspectors' use
during construction of the subdivision. Written evidence from the
Department of Public Works indicating the plans have been submitted shall
be given to the Department of Planning Services.
N. The applicant shall submit written evidence that the requested impact and
cash-in-lieu fees have been paid to the St. Vrain Valley School District.
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O. The application indicates that the northern portion of the PUD shall be
conveyed to Columbine Land Resources, Inc.,prior to recording the final plat.
If the property is conveyed, the applicant shall submit the recorded deed,
along with notarized evidence,showing who has legal authority to sign for the
corporation.
P. The applicant shall submit copies of finalized water and sewer agreements
with the St. Vrain Sanitation District, Little Thompson Water District, and
Central Weld County Water District.
Q. The applicant shall submit deeds which convey all open space to the Pelican
Shores Homeowners' Association.
R. The applicant has indicated that an existing water tap on the south area will
be used to water landscaping. The applicant shall submit evidence that the
tap has been conveyed to the Homeowners' Association.
S. The applicant shall submit a letter requesting the vacation of Use by Special
Review Permit#639 along with evidence that the Division of Minerals and
Geology has released the site or that all Division concerns have been
addressed.
T. The Plat shall be amended to include the following:
1) Common-use boat ramp(s) swim beaches, picnic areas, etcetera,
shall be depicted on the Final Plat.
2) All utility easements shall be indicated on the plat as approved by the
Weld County Utilities Coordinating Advisory Committee.
3) The applicant must provide separation (visual) control between
Pelican Shores Drive and Weld County Road 26. The two roads are
adjacent, so some type of longitudinal traffic barrier(physical)must
be employed for the safety of the public. Night driving is a major
concern; especially with vehicle headlamps and the possibility of
disorientation. Evidence of approval by the Department of Public
Works shall be submitted to the Department of Planning Services.
U. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is .tif(Group 4). (Group 6 is not acceptable).
2. The Final Plat is conditional upon the following and that each be placed on the Final
Plat as notes prior to recording:
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A. The PUD Final Plat allows for R-1 (Low Density Residential) Zone uses,
except that no animal units will be allowed,the maximum lot coverage shall
be 20 percent, and the maximum building height shall be 35 feet. The PUD
has 193 acres of open space consisting of a river corridor and two private
recreational lakes, as indicated in the application materials on file, and
subject to, 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 23-8-10 of the Weld County Code.
C. Water service shall be obtained from the Central Weld County Water District
and the Little Thompson Water District.
D. Sewer service shall be obtained from the St. Vrain Sanitation District.
E. Permanent restroom and hand washing facilities shall be provided within
easy access of the public gathering areas.
F. The recreational uses on the lakes will require compliance with the water
quality standards of the Colorado Department of Public Health and
Environment Swimming Pool and Mineral Bath Regulations.
G. Use of the open space facilities is limited to residents of the subdivision and
their guests. Recreational activities on the lakes shall include skiing,fishing,
and sailing. Should the Homeowners'Association wish to establish a swim
beach or picnic area,or sell memberships to non-residents,the Weld County
Departments of Planning Services and Public Health and Environment
should be contacted to establish the appropriate permitting process.
H. In accordance with the Augmentation Agreement recorded on May 15, 1986,
in Book 1112, Reception No. 2053601, with the Central Colorado Water
Conservancy District, the Pelican Shores Homeowners'Association could
be held responsible for ensuring the evaporative depletions from the site are
being replaced.
Access shall be granted onto the property for the explicit purpose of cleaning
and maintaining existing lateral ditches as indicated on the plat.
J. Construction on any ditch within carried water to surrounding properties shall
be done so that the delivery of water is not impaired.
K. 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.
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L. 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.
M. 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.
N. 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.
O. All structures shall be constructed with the lowest floor elevation being one
(1)foot above the 100-year flood elevation of 4,810.4 feet as indicated in the
Letter of Map Amendment (LOMA), dated January 2, 2003,
Case No. 03-08-0025A. An Elevation Certificate shall be submitted to the
Weld County Department of Building Inspection prior to the release of the
Certificate of Occupancy, unless waived by the Department of Planning
Services or the Department of Building Inspection.
P. The site shall be developed in accordance with the recommendation included
in the Preliminary Subsurface Investigation report by Western Soils, Inc.
dated October 18,2002, including the possible use of a drilled pier foundation
system. This is a result of extensive fill, which reflects disturbed soil
conditions and properties.
Q. In accordance with the Preliminary Subsurface Investigation by Western
Soils, Inc.,dated October 18,2002,special considerations should be given
to the depth of any basement excavations on the South Pelican Shores site
due to groundwater conditions throughout this area of development.
R. The Weld County Sheriffs Office has limited traffic enforcement powers on
roadways within subdivisions that are not maintained by the County.
S. All landscaping within sight distance triangles must be less than 3.5 feet in
height at maturity.
T. 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. Open space
restrictions are permanent.
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U. The Pelican Shores Homeowners' Association is responsible for
maintenance and preservation of the bank of the St. Vrain Creek. The
County will not assume responsibility.
V. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
W. No animal units will be allowed within Pelican Shores PUD.
X. Oil and gas facilities within the PUD must be fenced to avoid tampering.
Y. One development sign, not to exceed thirty-two square feet, has been
approved at each entrance. Signs shall meet all requirements of Chapter 23,
Article IV, Division 2; Chapter 26, Article II, Section 90; and Chapter 27,
Article VI, Section 90, of the Weld County Code.
Z. Effective January 1,2003, Building Permits issued on the lot will be required
to adhere to the fee structure of the County-Wide Road Impact Program.
AA. Stop signs and street name signs will be required at all intersections.
BB. All single-family residences shall have a legible address that is clearly visible
from the street fronting the property.
CC. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
DD. The Weld County Department of Public Works shall be notified prior to
placing utilities in the road rights-of-way to determine if permits will be
required.
EE. A separate Building Permit shall be obtained prior to the construction of any
building.
FF. A plan review is required for each building. Plans may require the wet stamp
of a Colorado registered engineer or architect. Two complete sets of plans
are required when applying for each permit.
GG. 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 Residential Code;2003 International Building Code;2003
International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code;2002 National Electrical Code,and Chapter29
of the Weld County Code.
HH. Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado
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registered engineer. Engineered foundations shall be designed by a
Colorado registered engineer.
II. Fire resistance of walls and openings,construction requirements,maximum
building height, and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
JJ. Building height shall be measured in accordance with the 2003 International
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. When measuring buildings to determine offset and
setback requirements,buildings are measured to the farthest projection from
the building. Property lines shall be clearly identified and all property pins
shall be staked prior to the first site inspection.
KK. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
LL. Weld County 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.
MM. The site shall maintain compliance at all times with the requirements of the
Weld County Government and adopted Weld County Code and policies.
NN. 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
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.
OO. 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.
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3. Prior to construction:
A. The applicant shall contact the Mountain View Fire Protection District for
review and approval of all access roads. Evidence of Fire District approval
shall be submitted to the Department of Building Inspection prior to
construction on the site.
B. The applicant shall submit street construction plans for the utilities showing
the location of fire hydrants,the size of water mains,and available fire flows
to the Mountain View Fire Protection District for review and approval.
Evidence of Fire District approval shall be submitted to the Department of
Building Inspection prior to construction on the site.
C. Stop signs and street name signs, including address ranges,will be required
at all intersections. If standard street signs are not used,the sign type must
be submitted to the Mountain View Fire Protection District for review.
D. The applicant shall submit an 8.5-inch by 11-inch map showing street
configuration,street names, hydrant locations, and addresses of the lots to
the Mountain View Fire Protection District.
E. All single family residences shall have a legible address that is clearly visible
from the street fronting the property. The address numbers shall contrast
with their background.
4. Upon completion of Conditions#1 and#2 above,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 Section 27-9-20 of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30)days from the date
of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
5. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan - If a Final Plan plat has not been recorded within one (1)
year of the date of the approval of the PUD Final Plan,or within a date specified by
the Board of County Commissioners, the Board may require the landowner to
appear before it and present evidence substantiating that the PUD Final Plan has not
been abandoned and that the applicant possesses the willingness and ability to
record the PUD Final Plan plat. The Board may extend the date for recording the
plat. If the Board determines that conditions supporting the original approval of the
PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the
PUD Final Plan.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: g /��(/(/u,44 EXCUSED
Robert D. Masden, Chair
Weld County Clerk to the Board
E L/J✓� William H. e, Pro-Tem
t ! i)11tot1
� e Board 6; i �
Iasi M. J. Ile
1 . s (� -o W'
Dav'✓� ,td E. Long
ounty Att. y J
Glenn Wad c
Date of signature: /P 9'"-
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