HomeMy WebLinkAbout20000153.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN, S # 511, FOR A
FIVE (5) LOT PLANNED UNIT DEVELOPMENT - KAREN LIBIN
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 2nd day of February, 2000, at 10:00 a.m.
for the purpose of hearing the application of Karen Libin, c/o Linn Leeburg, Leeburg and
Associates, 707 Hawthorn Avenue, Suite 207, Boulder, Colorado 80304, requesting a Site
Specific Development Plan and Planned Unit Development Final Plan, S #511, for a five (5) lot
Planned Unit Development, for a parcel of land located on the following described real estate,
to-wit:
Lot B of Recorded Exemption #2150; being part of
the SE1/4 of Section 5, Township 1 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Linn Leeburg, Leeburg
and Associates, and
WHEREAS, Section 7.4 of the Weld County Planned Unit Development Ordinance
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 recommendation of
the Weld County Department of Planning Services staff 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 7.3 et seq., of the Weld County Planned Unit Development Ordinance.
2. The request is in conformance with Section 7.5.2 of the Weld County Planned
Unit Development Ordinance as follows:
A. Section 7.5.2.2 -- The uses which would be allowed on the subject
property will conform to the Performance Standards outlined in Section 2
of the Weld County Planned Unit Development Ordinance. The approved
Conditions of Approval will ensure that the twenty standards which are
outlined in this section are met.
B. Section 7.5.2.3 -- 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
the Comprehensive Plan or Master Plans of affected municipalities. This
proposed Planned Unit Development is within the Town of Erie's planning
area. In a referral dated, November 1, 1999, the Town noted that the
proposed subdivision "does comply with our Comprehensive Plan."
L 2000-0153
/N"' PLC egi e14 &1 L nJ PL1323
PUD FINAL PLAN, S #511 - KAREN LIBIN
PAGE 2
C. Section 7.5.2.4 -- The Planned Unit Development Zone District shall be
serviced by an adequate water supply and sewage disposal system in
compliance with Section 2 of the Weld County Planned Unit Development
Ordinance. Water service for this site will be provided by the Left Hand
Water District, and approved Individual Sewage Disposal Systems will
provide adequate means of sewage removal. A signed
Subdivision/Multiple Tap Service Agreement was submitted with the
application for Final Plan. The agreement between Left Hand Water
District and the applicant is dated September 16, 1999.
D. Section 7.5.2.5 -- The 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
Zone District. The Weld County Department of Public Works has made
provision for appropriate means of access to the lots contained within this
Planned Unit Development.
E. Section 7.5.2.7 -- There has been compliance with the applicable
requirements contained in the Zoning Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject
site. This site is not located within any overlay district, as recognized by
Weld County. Adequate provision has been made for the construction of
homes and the installation of septic systems on the site. Effective
December 1, 1999, Building Permits issued on proposed subdivision lots
will be required to adhere to the fee structure of the Southwest Weld
County Service Area Road Impact Program (Ordinance 211).
F. Section 7.5.2.8 -- Compatibility exists between the proposed uses and
criteria listed in the Development Guide, and the Final Plan exactly
conforms to the Development Guide. The Department of Planning
Services has determined that the Final Plan does accurately reflect the
intent of the Development Guide, as submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Karen Libin, c/o Linn Leeburg, Leeburg and
Associates, for a Site Specific Development Plan and Planned Unit Development Final Plan,
S #511, for a five (5) lot Planned Unit Development, on the above referenced parcel of land be,
and hereby is, granted subject to the following conditions:
1. Prior to Recording the Planned Unit Development Final Plat:
a. The Board of County Commissioners shall review and approve the signed
and dated Improvement Agreement for Private Road Utilities and
Landscape Improvements, including the form of collateral. The security
for the agreement shall be tendered and accepted by the Board of
County Commissioners.
2000-0153
PL1323
PUD FINAL PLAN, S #511 - KAREN LIBIN
PAGE 3
b. The Restrictive Covenants for The Peaks at Mountain View Subdivision
shall be approved by the Weld County Attorney's Office and be ready for
recording in the Office of the Weld County Clerk and Recorder.
c. The applicant shall attempt to meet all the requirements of St. Vrain
Valley School District, RE-1J, as stated in a referral, dated November 3,
1999.
d. Evidence shall be submitted to the Department of Planning Services that
a plan to apply dust suppressant during the construction of the Planned
Unit Development has been accepted and approved by the Weld County
Department of Public Works.
e. The approved Landscape Plan shall be recorded with the Final Plat in
accordance with Section 9.3 of the Weld County Planned Unit
Development Ordinance.
2. The Final Plat shall meet all requirements of Section 9.2 of the Weld County
Planned Unit Development Ordinance, and shall delineate the following
information:
a. All appropriate easement locations, sizes, and titles, in accordance with
Section 10.6 of the Weld County Subdivision Ordinance, and Weld
County Utility Board comments dated December 9, 1999.
b. The typical road cross section shall be amended on the plat to indicate a
minimum of four inches of Class 6 aggregate base course.
3. The Final Plat shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
4. The Plat shall include the most recent version of the Right to Farm Covenant.
5. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
a. The Planned Unit Development shall consist of five (5) lots with Estate
uses and common open space. The Planned Unit Development
Ordinance allows for Estate uses which shall comply with the E (Estate)
Zone District requirements as set forth in Section 36 of the Weld County
Zoning Ordinance. The common open space shall be owned and
maintained by the Homeowners' Association, in accordance with
Section 6.3.5 of the Planned Unit Development Ordinance.
b. Water service shall be provided by the Left Hand Water District for each
lot.
2000-0153
PL1323
PUD FINAL PLAN, S #511 - KAREN LIBIN
PAGE 4
c. A Weld County Septic Permit is required for each proposed home septic
system and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
d. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
e. Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
f. In the event five (5) or more acres are disturbed during the construction
or development of the site, the applicant shall obtain a Stormwater
Discharge Permit from the Colorado Department of Public Health and the
Environment, Water Quality Control Division.
g. 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.
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.
Any signage located on the property shall require building permits and shall
adhere to Section 42.2 of the Weld County Zoning Ordinance.
j. 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.
k. The applicant shall comply with Sections 8.8, 8.9, and 8.10, as found on
Page 38 of the Weld County Planned Unit Development Ordinance.
6. Prior to the release of any building permits:
a. Proper building permits shall be obtained prior to any construction or
excavation.
b. Building permits are required for any accessory buildings being constructed
or moved onto the property.
2000-0153
PL1323
PUD FINAL PLAN, S #511 - KAREN LIBIN
PAGE 5
c. All foundations will require an engineered foundation for principal dwellings.
Such foundation design shall be based on a site-specific geotechnical report
or an "open hole" inspection made by a Colorado Licensed Engineer or
Architect.
d. 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.
e. A sign shall be posted at the entrance/exit point of the Planned Unit
Development informing construction personnel of the construction access
route, speed limit, and residential nature of the area.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of February, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /LWI�..,,/ ?'/. II,A N, ♦ f 1.
Barbara . irkmeyer, Chair
Weld County Clerk to the 1861a r �' _ �W
O$4
�� , ��n►` . . Geile, Pro-Tern
BY: r�� =
Deputy Clerk to the Bo��'J \' I EXCUSED
���, George E. Baxter
APPROVED AS TO FORM: ' EXCUSED
„' Dale K. Hall
L(.L /
ount'y Attorney U !/
Glenn Vaa
2000-0153
PL1323
Hello