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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 2004-2706 PL1678 ; ,, //11J ///C ) 9G /f6 in ny PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL PAGE 2 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 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL PAGE 3 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. 2004-2706 PL1678 PUD FINAL PLAN, PF#1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL PAGE 4 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 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL PAGE 5 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. 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, CIO DOUG TIEFEL PAGE 6 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: 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL PAGE 7 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. 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, CIO DOUG TIEFEL PAGE 8 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. 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL PAGE 9 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 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, CIO DOUG TIEFEL PAGE 10 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. 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL PAGE 11 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. 2004-2706 PL1678 PUD FINAL PLAN, PF #1011 - RIVER RUNS THROUGH IT, LLC, C/O DOUG TIEFEL PAGE 12 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'"- 2004-2706 PL1678 Hello