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Home My WebLink About20030370 RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, S #562, FOR MEADOW VALE FARM, THIRD FILING - FLOYD AND KATHARINE OLIVER 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 5th day of March, 2003, at 10:00 a.m. for the purpose of hearing the application of Floyd and Katharine Oliver, 2385 Homestead Place, Longmont, Colorado 80504, requesting a Site Specific Development Plan and Amended Planned Unit Development Final Plan, S #562, for Meadow Vale Farm, Third Filing, for a parcel of land located on the following described real estate, to-wit: Tract 1, Meadow Vale Farm, Third Filing; being part of the SW 1/4 of Section 4, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented at said hearing by Anne Best-Johnson, Todd Hodges Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, and WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of such 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 Chapter 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 proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-230 (MUD.Goal 4) states, "Facilities and infrastructure which are included in this area should be evaluated in order to minimize discrepancies, promote a better understanding of growth dynamics in the area, avoid duplication of services, provide economies of scale and ensure coordination of municipal, county, regional, state, and other growth policies and 2003-0370 PL1010 PUD FINAL PLAN, AMENDED S #562 - FLOYD AND KATHARINE OLIVER PAGE 2 programs." The site was considered for a trail head and a sheriff's office. These uses were established in other locations within the Mixed Use Development area. b. Section 27-7-40.C.2 --The uses which will be allowed in the proposed Planned Unit Development will conform with the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera. c. Section 27-7-40.C.3 -- 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 site currently lies within the Longmont Intergovernmental Agreement area and the Mixed Use Development area. The City of Longmont indicated no conflicts with the proposal. Further, the 1-25 Mixed Use Development Area Structural Land Use Plan Map 2.1, indicates the site is planned for a residential use. d. Section 27-7-40.C.4 -- The proposed Planned Unit Development will be serviced by the St. Vrain Sanitation District and the Left Hand Water District Adequate in compliance with the performance standards in Chapter 27, Article II, of the Weld County Code.. e. Section 27-7-40.C.5 -- 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 Planned Unit Development Zone District. The Weld County Public Works Department reviewed this request and indicated no conflict with the proposed plan. f. Section 27-7-40.C.6 — 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. This criteria was address during the original Final Plan for Meadow Vale Farm 3rd Filing. g. Section 27-7-40.C.7 --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 lot will be required to adhere to the fee structure of the Weld County Road Impact Program Area 3, detailed in Chapter 20, Article I, of the Weld County Code) 2003-0370 PL1010 PUD FINAL PLAN, AMENDED S#562 - FLOYD AND KATHARINE OLIVER PAGE 3 h. Section 27-7-40.C.8 -- The proposed Planned Unit Development Final Plan uses are compatible with the criteria listed in the developmental guide. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Floyd and Katharine Oliver for a Site Specific Development Plan and Amended Planned Unit Development Final Plan, S #562, for Meadow Vale Farm, Third Filing, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Final Plan: A. The plat shall be labeled AMPF-562 B. Tract 1 shall be labeled Lot 1, Block 4 2. The Final Plan is conditional upon the following and that each be placed on the Final Plan as notes prior to recording: A. The Site Specific Development Plan and Amended Planned Unit Development Final Plan allows for R-1 (Residential) uses as set forth in Section 23-3-110 of the Weld County Code, as indicated in the application materials on file. B. Water service shall be provided by the Left Hand Water District. C. Sewer Service shall be provided by the St. Vrain Sanitation District. D. All addresses shall be located where they are visible from the roadway. E. The storm sewer system will be maintained by the Weld County Department of Public Works. F. All landscaping in the intersection sight distance triangles must be less than 3.5 feet in height at maturity. G. In the event that five (5) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Storm Water 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. H. During development of the site, all land disturbance 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. 2003-0370 PL1010 PUD FINAL PLAN, AMENDED S #562 - FLOYD AND KATHARINE OLIVER PAGE 4 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. J. 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. K. Wetlands shall be preserved as open space. L. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program, Area 3. M. The office of the Army Corps of Engineers shall be notified by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act if any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary of permanent, in waters of the United States which may include ephemeral, intermittent and perennial streams lakes, ponds or wetlands takes place at this site. N. Appendix 22-E of the Weld County Code, Weld County's Right to Farm, as delineated on this plat shall be recognized at all times. O. Proper Building Permits shall be obtained prior to any construction or excavation. P. Building Permits are required for any accessory buildings being constructed or moved onto the property. Additionally, permits are required for any decks and patios. Q. The foundation of the principal dwelling will be required to be engineered. Such foundation design shall be based on a site-specific, geotechnical report or an "open hole" inspection made by a Colorado licensed engineer. Due to the high water table, perimeter drains are recommended around foundations. Any fill material placed to raise the elevation of the home must be of the type allowed by the 1997 Uniform Building Code (UBC) and compacted to a minimum of 90 percent. The test results of that compaction must be supplied to the Weld County Department of Building Inspection. 2003-0370 PL1010 PUD FINAL PLAN, AMENDED S #562 - FLOYD AND KATHARINE OLIVER PAGE 5 R. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. S. All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code. T. Complete drawings shall be submitted for review by the Mountain View Fire Protection District. U. Outdoor storage shall be screened from public rights-of-way and adjacent properties. V. The lot shall utilize the existing access to Weld County Road 5.5. No additional accesses will be granted. W. All signs shall require Building Permits. Signs shall adhere to Sections 23-4-80 and 26-2-90 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. X. The property owner shall be responsible for complying with the Performance Standards as listed in Chapter 27, Article II, of the Weld County Code. Y. The property owner shall be responsible for complying with the Supplemental Procedures and Requirements as listed Chapter 27, Article VIII, of the Weld County Code. Z. The property owner shall be responsible for complying with the policies, goals, standards and regulations of Chapter 22 of the Weld County Code. AA. The property owner shall be responsible for complying with Section 24-7-200, Underground Utilities Regulations, of the Weld County Code. BB. No development activity shall commence on the property, nor shall any building permits be issued on the property, until the Final Plan has been approved and recorded. CC. The site shall maintain compliance, at all times, with the requirements of Weld County Government and the adopted Weld County Code and Policies. 2003-0370 PL1010 PUD FINAL PLAN, AMENDED S #562 - FLOYD AND KATHARINE OLIVER PAGE 6 DD. Weld County Personnel from the Departments of Planning Services, Public Works, and Public Health and Environment, 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. EE. Approval of this plan may create a vested property right pursuant to Chapter 23, Article VIII, of the Weld County Code. FF. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no use established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners 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 continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. GG. 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. HH. 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. 3. 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 .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. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld 2003-0370 PL1010 PUD FINAL PLAN, AMENDED S#562 - FLOYD AND KATHARINE OLIVER PAGE 7 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 the Administrative Review was signed. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D., 2003. BOARD OF COUNTY COMMISSIONERS W COU TY, COL DO ATTEST: IL" - ! O J D vi E. Lo Chair Weld County Clerk to th(-o- 1 t,: ^ It^ K6 Robert D. sden, Pro-Te BY: Deputy Clerk to the Bib `' ir\tI'� M. J. eile APP E S TO EXCUSED Willir H. Jerke � Gnty A or y �f- LtM t�l il Glenn Vaad Date of signature: 311/ 2003-0370 PL1010 Hello