HomeMy WebLinkAbout20002683.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND 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 1st day of November, 2000, at 10:00 a.rt
for the purpose of hearing the application of Floyd and Katharine Oliver, do Glen
Droegemueller, P.C., 822 7th Street, Suite 350, Greeley, Colorado 80631, requesting a Site
Specific Development Plan and Planned Unit Development Final Plan, S #562, for Meadow
Vale Farm, Third Fling, for a parcel of land located on the following described real estate to-
wit:
SW 1/4/4 of Section 4. Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS,, the applicant was present at said hearing, 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 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 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 7.5.2.1 -- The proposal is consistent with the Comprehensive
Plan, Zoning and Subdivision Ordinances, Mixed Use Development
Ordinance, if applicable, and any Intergovernmental Agreement in effect
influencing the Planned Unit Development.
1) UGB.Goal 2 states, "Concentrate urban development in or
adjacent to existing municipalities or the 1-25 Mixed Use
Development area, and maintain urban growth boundary areas
that provide an official designation between future urban and ncn
urban uses." This proposal is within the Mixed Use Development
Boundary. This proposal is not located within an
Intergovernmental Agreement Urban Growth Boundary.
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2) A.Goal 6 states, "Public facilities and services such as sewer,
water, roads, schools, and fire and police protection must be
provided and developed in a timely, orderly, and efficient manner
to support the transition of agricultural land to urban
development." The developer is proposing a dedication to the
Weld County Library District for a building site, open space
dedication to the Weld County Library District (10 acres), and a
Civic Use reservation to be used by the St. Vrain Valley Open
Lands and Trails program as a future trail head (2 acres). The
proposal is located within the Southwest Weld County Road
Impact Fee Program, Ordinance 211. All applicable fees shall be
paid at the time a building permit is issued.
3) Change of Zone #539 was approved based on consistency with
the Comprehensive Plan, as stated above.
b. Section 7.5.2.2 — The uses which will be allowed in the proposed Planned
Unit Development will conform with the Performance Standards of the
Planned Unit Development Zone District contained in Section 2 of the
Planned Unit Development Ordinance. All of the Performance Standards
were addressed prior to Administrative Review of the Final Plan The
applicant has submitted a Conditional Letter of Map Revision to the,
Department of Planning Services for submittal to FEMA.
c. Section 7.5.2.3 - The uses which will be permitted will be compatible will
the existing or future development of the surrounding area as permittec
by the existing zoning, and with the future development as projected by
the Comprehensive Plan or Master Plans of affected municipalities- The
applicant has mitigated any negative impacts of this development to
surrounding property owners to the satisfaction of the Department of
Planning Services.
d. Section 7.5.2.4 —Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed
Planned Unit Development in compliance with the Performance
Standards in Section 2 of the Planned Unit Development Ordinance- The
applicant provided letters from the Saint Vrain Sanitation District and the
Left Hand Water District indicating their commitment to service the
development. The applicant shall provide a copy of the service
agreement from the Saint Vrain Sanitation District and the Left Hand
Water District to the Department of Planning Services prior to recording
the final plat.
e. Section 7.5.2.5 — 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 Department of Public
Works has indicated compliance with these requirements.
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f. 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. The site does lie within the Flood Hazard Overlay District, as
evidenced by FEMA FIRM Community Panel #080266 0850C. The
applicant has submitted a CLOMR to the Department of Planning
Services. The site is included in Use by Special Review Permit#1199 'o
a Gravel Mining Operation. The applicant is currently amending this sire
out of Use by Special Review Permit#1199 and has received vacation
and reclamation approval from the Division of Natural Resources,
Division of Minerals and Geology.
g. Section 7.5.2.8 —The proposed Planned Unit Development Final Plan
uses are compatible with the criteria listed in the Developmental Guide
The PUD Final Plan conforms to 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 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 PUD Final Plat:
A. The applicant shall provide the Department of Planning Services with a
copy of a signed agreement between the applicant and the Weld County
Library District regarding the acceptance of the library and wetlands sites.
B. The applicant shall provide the Department of Planning Services with a
copy of a signed agreement between the applicant and the St. Vrain
Valley School District RE-1J for review and approval.
C. The applicant shall submit Collateral for the Improvements Agreement
According to Policy Regarding Collateral for review by the County
Attorney. This Collateral must be approved by the Board of County
Commissioners. The Improvements Agreement was approved by Public
Works at the Change of Zone. The Final Plat shall not be recorded until
the Improvements Agreement has been approved by the Board of
Commissioners and collateral tended, in accordance with Section 2 7 cf
the Planned Unit Development Ordinance.
D. The applicant shall submit to the Department of Planning Services, a
copy of a recorded plat illustrating the realignment of Weld County Road
5.5 at this location. This copy shall contain the Book and Reception
Number from the office of the Weld County Clerk and Recorder. Weld
County Road 5.5 is designated as a collector roadway in the Mixed Use
Development Plan requiring a minimum 80-foot right-of-way. The right
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of-way shall be delineated on the Final Plat. The typical cross section for
Weld County Road 5.5 shall be included on the Final Plat. One-half ot
this typical cross section of Weld County Road 5.5 is required for this
development.
E. The applicant shall submit roadway plan revisions to the Department cf
Public Works for approval. Revisions may include required tapers.
F. The applicant shall illustrate how public access to the trail and future tra
head will be provided.
G. The applicant shall submit plans for on-site temporary signage and
permanent signage in conformance with Section 2.8 of the Mixed Use
Development Plan to the Department of Planning Services for review and
approval.
H. The applicant shall submit a revised Storm Water Drainage Report to the
Weld County Department of Public Works for approval to address the
concerns of the Department of Public Works indicated in a memorandum
dated October 12, 2000.
The applicant shall obtain approval of the Covenants for Meadow Vale
Phase II Final Plan from the Weld County Attorney's Office. The
Covenants shall be recorded with the Final Plat or as a separate
document in the office of the Weld County Clerk and Recorder.
J. The plat shall be amended to include the following:
1) The text of the Right to Farm Covenant as stated on Page 7-1 jf
the Weld County Comprehensive Plan, effective March 25, 2000
2) Intersection sight distance triangles shall be illustrated on the plat.
3) Mailboxes shall be located in one centralized location.
4) A school bus site shall be incorporated into the final plat plans.
5) A barrier between, and lighting of, proposed and existing water
ponds is required to mitigate the threat of drowning of small
children.
6) A barrier between, and lighting of, existing oil tank sites is
required to mitigate vandalism.
7) General features for crime mitigation as outlined in a
memorandum from the Weld County Sheriff's Office dated
October 2, 2000, shall be met.
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8) The final plat map, or a separate recorded sheet, shall include
utility provider signature blocks, as indicated in the Utility Boarc
Hearing held on October 26, 2000.
9) Lot and Block numbers shall be placed on the Final Plat.
10) The right-of-way for internal roadways must be dedicated to the
County. The plat shall illustrate right-of-way on all internal
roadways.
11) Public access to the trail and trail head shall be delineated on the
Final Plat. Private trails and open space shall be delineated
"Private" on the Final Plat.
12) As an outcome to the October 26, 2000, Utility Board hearing, tint
hydrant symbols shall be added to all applicable plat legends.
13) As an outcome to the October 26, 2000, Utility Board healing, all
sites designated as "Open Space" shall also serve as drainage
and utility easements. A note shall be placed on the plat to this
effect.
14) A note shall be placed on the plat indicating the Utility Board
granted a variance on October 26, 2000, not to require the
applicant to place a utility easement west of the lake (Open Space
B).
15) A ten-foot (10') utility easement shall be added along the northern
boundary of Tract 1.
16) All utility easement dimensions shall be listed on the final plat.
17) All utility easements along the (side) interior to the residential Icts
may be reduced to ten feet (10'). All utility easements interior to
the residential lots must be on all side lot lines. The front and
back utility easements shall be fifteen feet (15').
K. The applicant shall provide evidence of recording information of all
easements which are shown on the plat.
L. A Stop sign and street name sign shall be placed at all intersections.
M. Typical sections for the internal and external roadways shall be provided
The required right-of-way for internal and external roadways shall be
dedicated to the County. These sections shall comply with Figure 2.1C of
the Mixed Use Development Plan.
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N. The applicant shall submit evidence to the Weld County Department of
Planning Services that the requirements of the Colorado Department of
Transportation have been met.
O. The applicant shall submit evidence to the Weld County Department of
Planning Services that the requirements of the Mountain View Fire
Protection District have been addressed.
P. The applicant shall illustrate the proposed drainage envelope and
Landscaping and Screening plan for the proposed civic site.
2. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
A. The Final Plat allows for Fourteen (14) Residential lots on approximately
10.35 acres; a Library Site (1.668 acres); Wetlands (6.519 acres); Lake
(18.082 acres); Private Park (2.198 acres); Open Space (3.064 acres),
and a Civic Site (2.529 acres). The Change of Zone allows for R-1
Residential uses (14 lots) which shall comply with the R-1 Zone District
requirements as set forth in Section 32.7 of the Weld County Zoning
Ordinance. The common open space shall be owned and maintained i 1
accordance with Section 6.3.5 of the Planned Unit Development
Ordinance.
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 streets shall be well lit. A street light shall be placed at all crossroac
signs to help emergency units locate addresses.
E. All addresses shall be located where they are visible from the roadway.
F. The storm sewer system will be maintained by the Homeowners'
Association.
G. All landscaping in the intersection sight distance triangles must be less
than 3.5 feet in height at maturity.
H. The applicant shall obtain a Storm Water Discharge Permit from the
Water Quality Control Division of the Colorado Department of Public
Health and Environment, if required.
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.
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J. 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.
1) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six 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. The property owner shall be responsible for complying with the
Performance Standards of Section 2 of the Planned Unit Development
Ordinance.
M. The property owner shall be responsible for complying with Supplemental
Procedures and Requirements of Section 8 of the Planned Unit
Development Ordinance.
N. The property owner shall be responsible for complying with policies,
goals, standards and regulations of the Mixed Use Development
Ordinance.
O. Personnel from the Weld County Departments of Public Health and
Environment and Planning Services shall he granted access onto the
property at any reasonable time in order to ensure the activities carried
out on the property comply with the Development Standards stated herein
and all applicable Weld County regulations
P. The parking lot areas shall maintain compliance with Section 41 0f the
Weld County Zoning Ordinance and Section 2.6.3 Landscaping
Requirement for Parking Lots of the Mixed Use Development Plan.
Q. The property owner shall be responsible for maintaining compliance with
Section 2.9 Utility, Infrastructure, and Public Facility Regulations of the
Weld County Mixed Use Development Ordinance.
R. No development activity shall commence on the property, nor shall any
building permits be issued on the property until the final plan as been
approved and recorded.
S. The property owner shall be responsible for maintaining compliance with
the signage requirement of 42 2 of the Weld County Zoning Ordinance
and Section 2.8 of the Mixed Use Development Plan. These
requirements shall apply to all temporary and permanent signage.
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T. The property will maintain compliance with Section 2.8.2.5.b of the Mixed
Use Development Plan, stating that motor vehicles, trailers or portable
bases with wheels or to which wheels may be readily affixed, shall not be
used as a sign structure for any signs within the Mixed Use Development
area.
U. The Weld County Library site and future civic use site shall be addressed
through a Site Plan Review process prior to the release of building
permits. Both sites shall maintain compliance with the Americans with
Disabilities Act at all times.
V. The site shall maintain compliance at all times with the requirements o
the Weld County Departments of Public Works, Public Health and
Environment, and Planning Services.
W. The site shall maintain compliance at all times with the Mixed Use
Development Plan, the Subdivision Ordinance, the Planned Unit
Development Ordinance, and with the Weld County Zoning Ordinance
X. The residential development shall maintain compliance with Section 32 .-1
of the Weld County Zoning Ordinance at all times.
Y. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
Z. Outdoor storage shall be screened from public rights-of-way and adjacent
properties.
AA. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
BB. Meadow Vale Phase II Planned Unit Development is located within the
Southwest Weld County Traffic Impact Fee area. Fees will be assessed
at the time building permits are issued.
CC. 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, or if there is any excavation associated with a
dredged or fill project, either temporary or permanent, in waters of the
United States which may include ephemeral, intermittent and perennia
streams, lakes, ponds or wetlands at this site.
DD. Proper building permits shall be obtained prior to any construction or
excavation.
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EE. Building permits are required for any accessory buildings being
constructed or moved onto the property. Additionally, permits are
required for any decks and patios.
FF. A building permit is required for the entrance sign to the development.
GG. All foundations of principal dwellings, the civic building, buildings used by
fire, police, or Sheriff personnel, and all other buildings will be required tc
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.
HH. 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.
II. Complete drawings shall be submitted for review by the Mountain View
Fire Protection District.
3. The Final Plat shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Weld County Board of
Commissioners.
4. Prior to building permit release:
A. At the time an application is accepted for a building permit, a plan review
will be done. A complete review of the building or structure by the Weld
County Inspection Department or the fire district may reveal other
building issues or areas needing attention.
B. All applicable fees outlined in Ordinance 211, Southwest Weld County
Road Impact Fee Program, shall be paid at the time a building permit
application is submitted.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
����ii� ,,i , i / l
ATTEST: AL1�1 ► . �ih '�(c i. 1 ✓ :) , ,,/, `f e7;C
A E Barbara J. . kmeyer, Chair
Weld County Clerk to t k: r 041%
Lio7 �� M. y 'le, ro-Tem
BY: _MILL , c ' '
Deputy Clerk to the BO::. &f N l - /� ��, - __-
- orge . Baxter ,
APPP-OVED AS TO FGIRM: f ,Y��ts � fsl
C
Dale all
C ty Attorney ".wa; /ti ,
' Glenn Vaad -
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