HomeMy WebLinkAbout20001341.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Katharine H. Oliver/BHA Design, Inc. Case Number Z-539
Submitted or Prepared
Prior to At Hearing
Hearing
1 Application (11 pages) X
2 Weed Management Plan (3 pages) X
3 Traffic Impact Study(dated 3-13-95, 24 pages) X
4 Referral Listing and Referral entity letter(2 pages) X
5 Letter to the Applicant X
6 Weld County Public Works referral received 2-23-00 (2 pages) X
7 Weld County Public Health referral received 2-16-00 X
8 Weld County Building Inspection referral received 2.10-00 (2 X
pages)
9 Weld County Zoning Compliance referral received 2-4-00 X
10 Weld County Planning Commission field check dated 2-9-00 X
11 St. Vrain Valley School District RE-1J referral received 2-17-00 (2 X
pages)
12 Mountain View Fire Protection District, referral received 2-17-00 X
(2 pages)
13 Office of the State Engineer, State Division of Water Resources, X
referral received 3-2-00
14 Colorado Department of Transportation, referral received 3-19-00 X
15 City of Longmont, referral received 2-29-00 (4 pages) X
16 Weld County Sheriff's Office, referral received 2-24-00 X
17 US Army Corps of Engineers, referral received 2-16-00 X
18 Surrounding Property/Mineral Owners letter(5 pages) X
19 Certificate of Mailing X
20 Affidavit of Mineral Owners, Mineral and Surface Estate, X
submitted with application (13 pages)
21 Affidavit of Interest Owners Surface Estate (16 pages) X
22 Surrounding Property Owner Listing, dated 3-6-00 (3 pages) X
23 Affidavit of Interest Owners: Surface Estate, dated 3-6-00 X
24 Draft Improvements Agreement, applicant submitted (2 pages) X
4 EXHIBIT
A 2000-1341
CAZ�53q
25 St. Vrain Sanitation District, service capability letter dated 12.22- X
99
26 Left Hand Water District, Subdivision Agreement, dated 1-13-00 X
27 Left Hand Water District, Subdivision Agreement, dated 1-13-00 X
(7 pages)
28 Left Hand Water District, letter dated 1-3-00 X
29 Soil Report, applicant submitted (45 pages) X
30 Correspondence between BHA Consultants and the Department X
of Planning Services, dated 3-31-00 (3 pages)
31 Map of Proposal, applicant prepared X
32 Notice of Public Hearing X
33 Affidavit of Publication in the South Weld Sun X
34 Longmont Soil Conservation District, referral received 3-16-00 X
35 Office of the State Engineer, State Division of Water Resources, X
referral received 4-7-00
36 Staff Comments (14 pages) X X
37 Department of Public Works received of Collateral Agreement X
and Weld County Road 5.5, dated 4-6-00 (7 pages)
38 Correspondence between BHA Consultants and the Department X
of Planning Services, dated 4-11-00 (3 pages)
39 KBN Engineers and Department of Public Works X
correspondence, dated 4-12 and 4-13-2000 (3 pages)
40 Letters between Department of Planning Services and Floyd X
Oliver, dated 4-13-00 (4 pages)
41 Department of Planning Services Field Check Form X
42
43
6 Items submitted at planning commission
I hereby certify that the 41 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
ane, 9„„)
Anne Best Johns
Long Range Plann
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-539
PLANNER: Anne Best Johnson
APPLICANT: Katherine H. Oliver/Agent: BHA Design, Inc./ Meadow Vale II
ADDRESS: 2385 Homestead Place
Longmont, Colorado 80504
REQUEST: PUD Change of Zone from A (Agricultural ) to PUD for single family residential (14
lots on 8 acres), Weld County Library District building site and open space
dedication (10 acres), and Civic Use reservation (2 acres).
LEGAL DESCRIPTION: The SW4 of Section 4, T2N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to State Highway 119; east of and adjacent to WCR 5.5.
ACRES: 44.42 PARCEL #1313 00 300050
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with Section 6.4.2.6 of the Weld County Planned
Unit Development Ordinance as follows:
A. Section 6.4.2.6.1. -The proposal is consistent with the Weld County Comprehensive
Plan, MUD Ordinance, if applicable, and any Intergovernmental Agreement in effect
influencing the PUD, and the Weld County Zoning and Subdivision Ordinances.
1) Comprehensive Plan PUD. Goal 2 states "encourage creative approaches
to land development which will result in environments of distinct identity and
character." This site is proposing to integrate community facilities with
wetland preservation and low-density residential development.
2) Comprehensive Plan A.Policy 7 states "Weld County recognizes the "right
to farm". In order to validate this recognition Weld County has established
the Right to Farm Covenant which should be incorporated on all pertinent
land use plats. The Department of Planning Services will require the Right
to Farm Covenant to appear on the recorded final plat.
3) Comprehensive Plan MUD.Goal 6 states "To assure that new development
occurs in such a manner as to maintain an attractive working and living
environment." All applicable standards and regulations of the MUD, PUD
and Zoning Ordinances, along with the Comprehensive Plan shall be
integrated in the design of the Final Plan.
EXHIBIT
4) No intergovernmental agreements presently influence this site. I
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5) Comprehensive Plan W.Goal 1 states"New developments should be located
and designed to preserve critical ecosystems components, including
wetlands, significant wildlife habitats, and migration corridors. Significant
wildlife habitat is defined as a geographical area containing a combination
of the essential elements of food, water, cover, and space and in quantities
sufficient to support a species." The applicant is proposing a 10-acre
wetland site dedication to the Weld County Library District. A Condition of
Approval is that the applicant shall provide written evidence to the Department
of Planning Services that the Weld County Library District is capable of
accepting the Library and Wetlands Sites.
6) MUD.TGoal 2"Promote a pedestrian trail system to service transportation and
recreation purposes within the MUD area." The applicant shall meet with the
Department of Planning Services' Long Range Planner to discuss public
access and connection to the St. Vrain Valley Trail.
B. Section 6.4.2.6.2 - The uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in
Section Two of the PUD Ordinance, as amended.
1) 2.1 Access Standards - Access to this PUD will be from WCR 5.5. The
application is within the Southwest Weld Road Impact Fee Area #1,
Ordinance 211 and shall require payment of impact fees at the time
a building permit is applied for.
2) 2.2 Buffering and Screening - USES, BUILDINGS or STRUCTURES
within and adjacent to a PUD Zone District shall be adequately
buffered and SCREENED to make their appearance and operation
harmonious with the surrounding USES. The site will maintain
compliance with the MUD standards regarding screening and
buffering of the property.
3) 2.3 Bulk Requirements - The normal Bulk Requirements for minimum
SETBACK, minimum OFFSET, minimum LOT size, minimum LOT
area per STRUCTURE, maximum height of BUILDINGS, and LOT
coverage may be varied as specified in a PUD Final Plan. (All other
performance standards applicable to a PUD Zone District may be
required to be as strict as the performance standards contained in
the zone district in which the USE would usually be allowed).
The proposed residential lots shall adhere to the bulk requirements
of the R-1 Zone District, outlined in Section 32.7 of the Weld County
Zoning Ordinance.
4) 2.4 Circulation - Development within a PUD Zone District shall be
designed and constructed to include adequate, safe and convenient
arrangements for pedestrian and vehicular circulation, off-street
parking and loading space. Pedestrian and vehicular circulation shall
relate to the circulation system external to a PUD Zone District. All
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STREETS within the PUD Zone District, whether private or PUBLIC
shall be designed and constructed to meet the requirements of the
Weld County Public Works Department, the Subdivision Ordinance
and the MUD Ordinance, if applicable.
The applicant will be responsible for designing the cross sections
according to Figure 2.10 of the Mixed Use Development Plan. Final
Plan submittal will require a traffic analysis study to be completed for
Meadow Vale Farms Phase II.
The applicant shall be required to submit a Traffic Impact
Analysis for Meadow Vale Phase II at the time the Final Plat
application is made.
5) 2.5 Common Open Space - is defined as any usable parcel of land or
water unimproved and set aside, dedicated, designated or reserved
for public or private USE or for the USE and enjoyment of owners or
occupants of land adjoining or neighboring such area. Common
Open Space includes landscape areas that are not occupied by
building or USES such as storage or service areas, private court
yards, parking lots and islands. The amount and type of COMMON
OPEN SPACE provided in a PUD Zone District shall be proportioned
according to the intensity of the zone districts called for in the PUD
or USES specified in the application, unless specifically delineated
in the MUD Ordinance. COMMON OPEN SPACE shall be designed
to be useful to the occupants and/or residents of the PUD Zone
District for recreational and scenic purposes. COMMON OPEN
SPACE in the PUD Zone District shall be owned and maintained in
perpetuity by an organization established specifically for such
ownership and maintenance purposes.
As proposed the site does meet the open space requirements of the
MUD Plan. The applicant shall contact the Long Range Planner for
Weld County to discuss trail alignment and public access to the St.
Vrain Valley Trails and Open Lands Project.
6) 2.6 Compatibility- The density, design, and location of USES within and
adjoining a PUD shall be designed to be compatible with other USES
within and adjoining the PUD. Compatible USES shall be determined
by evaluating the general USES, building height, setback, offset, size,
density, traffic, dust, noise, harmony, character, open space,
SCREENING, health, safety and welfare of the PUD in relation to
surrounding USES.
Meadow Vale Phase I is west of, and adjacent to the property across
WCR 5.5. Meadow Vale Phase II shall be compatible with Phase I.
The site will maintain compliance with the MUD standards regarding
screening and buffering of the property. The proposed residential lots
shall adhere to the bulk requirements of the R-1 Zone District, outlined
in Section 32.7 of the Weld County Zoning Ordinance. The property
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to the east of, and adjacent to Meadow Vale Phase II is a gravel
mining operation. The applicant site is adjacent to and immediately
north of State Highway 119. In subsequent applications, the applicant
shall illustrate a buffering and screening plan to mitigate negative
effects of site location.
7) 2.7 Design Standards and Improvement Agreements - The Design
Standards and Improvement Agreements of Section 10, 12 and 13
of the Subdivision Ordinance shall be utilized. Certain PUD Final
Plan requirements may differ from those specifically listed in the
Subdivision Ordinance.
Final recording shall not occur until the required improvements
agreement has been approved and collateral tendered. The Change
Of Zone Plat shall not be recorded until a Drainage Report, signed by
A Colorado license engineer has been provided and approved by the
Department of Public Works.
8) 2.8 Filing - A Final Plan may develop in filings within a PUD. A filing is
where only a portion of the development is platted at a time. An
Improvements Agreement is required only for the filing being platted
and developed. Development of the site may only occur within the
approved and platted filing(s).
The applicant has indicated that the development shall take place in
one filing. An Improvements Agreement is a requirement at the time
the Final Plat is submitted for application.
9) 2.9 Landscaping Standards - No building permit shall be issued for any
building or any portion of a PUD until the landscaping required by the
landscape plan map is in place and/or an on-site Improvements
Agreement has been entered into which complies with the
requirements in Weld County MUD and PUD Ordinances.
This proposal shall adhere to Section 12 of the Subdivision Ordinance,
Section 2.6 of the PUD Ordinance, and Section 2.6 of the MUD
Ordinance. A detailed landscaping, berming and screening plan along
with a maintenance and planting schedule shall be submitted with the
Final Plan application.
10) 2.11 Mixed Use Development Area - All development located within the
MUD area, as delineated on the MUD Structural Map 2.1, shall be
subject to the additional development criteria as indicated in the MUD
Ordinance #191.
This proposal is located within the MUD area and does propose to
adhere to the MUD standards when the attached conditions are met.
11) 2.12 Monuments - Permanent reference monuments shall be set on the
Planned Unit Development according to the Subdivision Ordinance
and Section 30-51-101, et seq., of the Colorado Revised Statues.
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12) 2.14 Parking Requirements -All parking and loading areas within a PUD
shall comply with Section 41 of the Weld County Zoning Ordinance,
and landscaping parking lot standards of the MUD Plan.
All parking and loading areas shall be paved and striped. All parking
and loading areas for the Library and Civic sites shall meet the
requirements of MUD Ordinance Section 2.6.3 Landscaping
Requirement for Parking Lots. Adequate parking spaces and internal
pedestrian circulation shall be designed to meet requirements of the
Americans with Disabilities Act and shall be illustrated on the Change
of Zone plat.
13) 2.15 Phasing - A Final Plan may develop in phases within a PUD.
Phasing the construction of the development may occur within
separate filings or for the entire subdivision. An Improvements
Agreement is only required for the phase being developed.
A detailed landscaping, berming and screening plan along with a
maintenance and planting schedule shall be submitted with the Final
Plan application.
14) 2.16 Public Water Provisions - Public water systems serving PUD's must
be capable of meeting State drinking water regulations, (Colorado
Primary Drinking Water Regulations) and have adequate provisions
for a 300-year supply of water.
This application is intended to be served by Left Land Water District,
and the Weld County Health Department reviewed this case in
accordance with this consideration in place. In a letter from Left Hand
Water District (January 13, 2000), it appears that 15 Residential lots
can be adequately served with water.
15) 2.18 Urban Scale Development - Developments exceeding 5 lots and/or
located in close proximity to existing PUD's, subdivisions, municipal
boundaries, or urban growth corridors and boundaries. All urban
scale developments shall pave the internal road systems of the
development.
For the purpose of review, this application is considered urban scale
and shall adhere to the requirements of urban type developments.
16) 2.19 USES - USES within a PUD Zone District shall be described by
filings, phases, blocks and lots within a PUD. This description shall
give a clear indication of the type of USE to take place and a
description of the type of BUILDINGS and STRUCTURES to be
associated with those USES. This description shall be in adequate
detail to determine density, COMMON OPEN SPACE, major vehicle
and pedestrian circulation, water and sewer facilities, the buffering or
SCREENING of the USE and the time frame for construction of the
USE. The applicant shall supply a time frame for the completion of
this project prior to recording the plat. The plat shall be amended to
reflect this time frame.
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17) 2.20 Water and Sewer Provisions- A PUD Zone District shall be serviced
by an adequate water supply and sewage disposal system.
Sewer for this site is proposed by St Vrain Sanitation District. St Vrain
Sanitation District has commented in a letter dated December 22,
1999 that they have the ability to provide service to this site for 14
residential lots and one branch library site.
C. Section 6.4.2.6.3 -The uses which would be permitted shall 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 affect municipalities.
The proposed PUD site does meet compliance with the Weld County MUD structural
2.1 Land Use Map, for development of sites with Limiting Site Factors. A potential
problem exists by the fact that the adjacent property owner to the east is a gravel
mining operation. Development standards and conditions of approval shall mitigate
any negative impacts of this location choice. Presently, the site is adjacent to an
existing residential subdivision, Meadow Vale Farms Phase I,with the remaining land
uses being agricultural.
D. Section 6.4.2.6.4 - The PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards
in section Two (2) of the PUD Ordinance.
Left Hand Water and St. Vrain Sanitation District have indicated their ability and
willingness to service this application. A letter from the State Division of Water
Resources, dated April 7, 2000 verifies that the concerns outlined in a letter referral
dated February 23, 2000 have been resolved.
E. Section 6.4.2.6.5 - 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 PUD Zone District.
The Weld County Public Works Department reviewed this application and finds the
submitted materials adequate.
F. Section 6.4.2.6.6 - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with the Weld County
Subdivision Ordinances.
These preliminary agreements have been reviewed by the Department of Public
Works and are found to be adequate.
G. Section 6.4.2.6.7 - There has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay district, commercial mineral
deposits, and soil conditions on the subject site.
The entire site is in the Flood Hazard Overlay District, as illustrated on FEMA
Community Panel Map #080266 0850 C, dated September 28, 1982. Prior to any
construction, a Flood Hazard Development Permit shall be applied for, and approved
by the Department of Planning Services. The applicant shall apply for a Conditional
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Letter of Map Approval from FEMA prior recording the Change of Zone plat.
H. Section 6.4.2.6.8 - Consistency exists between the proposed Zone District(s), uses
and the Specific Development Guide.
2. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts: The referral response dated February 16,
2000 from the Weld County Department of Public Health and Environment indicates
that the application materials have adequately addressed all of the potential impacts
described in Section 6.3.1.2.1 of the Weld County Planned Unit Development
Ordinance.
B. Section 6.3.2 Service Provision Impacts: The applicant has satisfactorily addressed
the majority of service provision impacts in the application materials. Additional
requirements of the Weld County Public Works Department are addressed through
the attached conditions of approval.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape
Plan in accordance with Section 9.3 of the Weld County Planned Unit Development
Ordinance.
Prior to submitting the Final Plat, the applicant shall illustrate conformance with
the MUD and Comprehensive Plan. More especially, on-going maintenance, planting
schedules,compatibility with adjacent land uses,screening,and consistent treatment
of State Highway 119.
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites
advantages and limitations, as well as the compatibility of the development with
adjacent sites.
The applicant is working within the Limited Site restrictions as identified in the MUD
Plan.
E. Section 6.3.5 Common Open Space Usage: The application proposes 30.21 acres
of common open space, or 68% of the site. The applicant shall establish a
homeowners organization in accordance with the requirements of Section 6.3.5 of
the Weld County Planned Unit Development Ordinance.
F. Section 6.3.6 Proposed Signage: The applicant shall meet the requirements of
Section 2.8 of the MUD Ordinance for all on-site temporary and permanent signage.
The applicant shall be required to submit proposed signage to the Department of
Planning Services for approval prior to the Change of Zone plat being recorded.
Approved signage shall be placed on the Change of Zone Plat.
G. Section 6.3.7 MUD Impacts: The proposed change of zone does lie within the Mixed
Use Development area, and requires adherence to all MUD standards.
H. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed change of zone
does not lie within any Intergovernmental Agreement area.
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This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A (Agricultural) to Residential PUD is conditional upon the
following:
1. The change of zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners. (Dept. of
Planning Services)
2. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services,
and all applicable adopted Weld County ordinances and policies. (Dept. of Planning
Services)
3. Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
4. The applicant shall comply with Section 8.7 of the Weld County Planned Unit Development
Ordinance.
5. Outdoor storage shall be screened from public rights of ways, and adjacent properties.
(Dept. of Planning Services)
6. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan shall be
recognized at all times. (Dept. of Planning Services)
7. The applicant shall obtain water from Left Hand Water District and sewer service from St.
Vrain Sanitation District. (Department of Public Health and Environment)
8. In the event that more than five acres of the site is 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 the
Environment. Silt fences shall be maintained on the down gradient portion of the site during
all parts of the construction phase of the project. (Department of Public Health and
Environment)
9. During the 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 the Environment, a fugitive dust control
plan must be submitted. (Department of Public Health and Environment)
10. In accordance with the Regulations of the Colorado Air Quality Control Commission, any
development that disturbs more than five acres of land must incorporate all available and
practical methods which are technologically feasible and economically reasonable in order
to minimize dust emissions. 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. (Department of Public Health and
Environment)
11. Wetlands shall be preserved as Open Space. (Department of Public Health and
Environment)
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12. The assessed fee associated with the Southwest Weld County Road Impact Fee program,
Ordinance 211, shall be paid at the time of building permit application.(Dept. of Planning
Services)
13. Before any work at this site begins which may involve the excavation in or the discharges
of dredged or fill material into waters of the United States which includes streams, open
water lakes, ponds or wetlands, the property should be examined for these areas pursuant
to Section 404 of the Clean Water Act. Any wetlands should be delineated and mapped.
(US Army Corps of Engineers)
14. 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. (Dept. of Planning Services)
15. A homeowners association shall be established prior to the sale of residences. Membership
in the association is mandatory for each residential owner. The homeowners association
is responsible for liability insurance, taxes and maintenance of open space, streets, private
utilities and other facilities. Open space restrictions are permanent. (Dept. of Planning
Services)
16. The main access to the PUD shall be incorporated into the WCR 5.5 widening plans to
match asphalt grades, curb, gutter and sidewalk. (Dept. of Planning Services)
17. Prior to the release of building permits, the applicant shall be required to apply for and be
granted a Flood Hazard Development Permit. (Dept. of Planning Services)
18. The applicant shall meet with the Weld County Department of Planning Services'
Long Range Planner to discuss how the trail shall be located and connected with the
public St. Vrain Valley Trails and Open Lands Project. The applicant shall also discuss the
potential of the Library Site as a Trail Head for this project. (Dept. of Planning Services)
19. The applicant shall demonstrate that the topography and proposed drainage on the civic
site shall not preclude development of this site for its intended use. (Dept. of Planning
Services)
20. All future signs including entrance signs shall be delineated on the plat and shall require
building permits. (Dept. of Planning Services)
21. Prior to recording the Change of Zone plat:
A. The applicant shall submit a drainage rcport, signed by o Colorado licensed
engineer, to the Department of Public Works for approval. The applicant shall
supply the Department of Planning Services with written approval from the
Department of Publie Works. (Dept.-of Planning Services)
A. The applicant shall address the concerns of the Mountain View Fire Protection
District. Written evidence of a solution shall be provided to the Department of
Planning Services. (Mt. View Fire Protection District)
B. The applicant shall address the concerns of the St Vrain Valley School District and
provide written evidence to the Department of Planning Services that an agreement
has been made. (Dept. of Planning Services)
C. The applicant shall apply for a Conditional Letter of Map Approval from FEMA.
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(Dept. of Planning Services)
F. The applicant shall address concerns expressed in a memo dated February 19,
2000 from the Colorado Department of Transportation.Written evidence of a solution
shall be provided to the Department of Planning Services. (CDOT)
G. The applicant shall address the concerns of the Weld County Sheriffs
Department, in a memo dated February 23, 2000 and incorporate remedies for
these concerns. Written evidence of a solution shall be provided to the Department
of Planning Services. (Sheriff)
H. All proposed street names shall be submitted to the Longmont Post Office for review
of duplication of street names. Evidence shall be submitted to the Department of
Planning Services that a duplication of street names will not occur with this proposed
subdivision. (Dept. of Planning Services)
The applicant shall submit a proposed estimate for time of construction of the PUD.
(Dept. of Planning Services)
J. The applicant shall enter into an Improvements Agreement Regarding
Collateral for all improvements to the PUD. (Dept. of Planning Services)
K. The applicant shall submit written evidence to the Department of Planning Services
that an agreement has been met between the applicant and the Weld County Library
District to begin acceptance of the proposed Library site. (Dept. of Planning
Services)
22. The plat shall be amended to include the following:
a) The plat shall reflect the correct legal description. Application materials indicate that
the location of this site is in the Southwest Quarter of Section 4, Township 2 North,
Range 68 West. The submitted application Change of Zone plat indicated that the
property is located in the Northwest Quarter of Section 4, Township 2 North, Range
68 West. (Dept. of Planning Services)
b) The applicant shall identify and illustrate how landscaping shall be incorporated along
State Highway 119 as outlined in the MUD Ordinance Section 2.6.4 Landscaping
Requirements Along Roadway Corridors, and how this landscaping shall be
integrated into preserving the existing wetlands.
c) An opaque screen between adjoining properties to avoid conflict of uses as outlined
in MUD Section 2.6.2.
d) Lot and numbers shall be included on the plat.
e) The applicant shall illustrate the proposed drainage envelope and landscaping and
screening plan for the proposed civic site.
f) The applicant shall illustrate an alternative placement of the trail which is now located
in the northern portion of the Wetlands area to the southern portion of the Library site.
Existing topography is not suitable for a trail at the proposed location.
g) The applicant shall meet parking and internal site circulation requirements of the
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American's with Disabilities Act.
h) The applicant shall submit on-site signage plans which conform to the MUD Sign
district regulations, found in Section 2.8.
I) Due to the land classification of Limiting Site Factor on Map 2.1 of the MUD and
Comprehensive Plans, the applicant shall illustrate how the 30% minimum Open
Space requirement of the Library Site, the Civic Site, and the Residential sites shall
be met.
j) The applicant shall provide evidence to the Department of Planning Services that an
agreement has been met by the Weld County Library District and the applicant
regarding the future dedication of the Library Site and the Library Open Space.
k) The applicant shall illustrate to the Department of Planning Services that the
topography of the northern site, noted as "Civic Site," is capable of supporting
this proposed use.
I) The following notes shall be placed on the plat:
1) The site specific development plan is for a PUD change of zone from
agricultural to PUD Single Family Residential, Weld County Library District
building site and open space dedication, Civic Use reservation and trail
dedication as indicated in the application materials on file in the Department
of Planning Services and subject and governed by the Conditions of
Approval stated hereon and all applicable Weld County Regulations.
Substantial change from the submitted development guide or plan will
require additional review of the Final Plan by the Board of County
Commissioners at a public hearing. Noncompliance with any of the foregoing
Conditions of Approval may be reason for revocation of the Permit by the
Board of County Commissioners.
2) RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States.
The rural areas of Weld County may be open and spacious, but they are intensively
used for agriculture. Persons moving into a rural area must recognize there are
drawbacks, including conflicts with longstanding agricultural practices and a lower
level of services than in town.
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users into
a rural area. Well run agricultural activities will generate off-site impacts, including
noise from tractors and equipment; dust from animal pens, field work, harvest, and
gravel roads; odor from animal confinement, silage, and manure; smoke from ditch
burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved
"out of the way"of residential development without threatening the efficient delivery
of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the State
of Delaware) with more than 3,700 miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on
Service,Teamwork, Integrity, Quality 11
patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are
bladed,will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared
for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
3) Proper building permits shall be obtained prior to any construction or
excavation. (Building Inspection)
4) Building permits are required for any accessory buildings being constructed
or moved onto the property. Additionally, permits are required for any decks
and patios. (Building Inspection)
5) A building permit is required for the entrance sign to the development.
(Building Inspection)
6) All foundations of principal dwellings 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%. The test results of that compaction must be supplied to the
Weld County Building Inspection Department. (Building Inspection)
7) The recreational [civic] building, buildings used by fire, police, or Sheriff
personnel, and all other buildings shall be engineered. Foundations shall
meet the criteria mentioned in item 5 above. (Building Inspection)
8) 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. (Building Inspection)
9) Complete drawings shall be submitted for review by the Mountain View Fire
Protection District. (Building Inspection)
10) 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. (Building Inspection)
Service,Teamwork, Integrity,Quality 12
11) Approval of this plan may create a vested property right pursuant to Section
90 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning
Services)
12) The property owner shall be responsible for compiling with the Performance
Standards of Section 2 of the PUD Ordinance. (Dept. of Planning Services)
13) The property owner shall be responsible for complying with Supplemental
Procedures and Requirements of Section 8 of the PUD Ordinance. (Dept.
of Planning Services)
14) The property owner shall be responsible for complying with policies, goals,
standards and regulations of the MUD Ordinance. (Dept. of Planning
Services)
15) Personnel from the Weld County Health and Planning Departments 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 Development
Standards stated herein and all applicable Weld County Regulations.
(Dept. of Planning Services)
16) The parking lot area shall maintain compliance with Section 41. Of the Weld
County Zoning Ordinance as amended and 2.6.3 Landscaping Requirement
for Parking Lots of the MUD Plan as amended. (Dept. of Planning Services)
17) The property owner shall be responsible for maintaining compliance with
Section 2.9 Utility, Infrastructure, and Public Facility Regulations of the Weld
County MUD Ordinance amended. (Dept. of Planning Services)
18) 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. (Dept. of Planning Services)
19) 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 MUD Plan. These requirements shall apply to all
temporary and permanent signage. (Dept. of Planning Services)
20) The property will maintain compliance with Section 2.8.2.5 B of the MUD
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 MUD area. (Dept. of Planning Services)
23. At the time of Final Plan submittal:
A. The applicant shall submit a Landscaping, Berming and Screening Plan along with
a Maintenance and Planting Schedule. (Dept. Of Planning Services)
B. The applicant shall submit a proposed Dedication Agreement for the Library and
Open Space Sites. This agreement shall be incorporated onto the Final Plat
recording, or it shall be recorded as a separate document. (Assistant County
Attorney)
Service,Teamwork, Integrity,Quality 13
C. The finalization of the dedication and alignment of Weld County Road 5.5 shall be
completed. (Dept. Of Public Works)
D. A Traffic Study for Meadow Vale Phase II shall be completed by a Colorado
Licensed Engineer and submitted to the Department of Planning Services.
E. The applicant shall submit a drainage report, signed by a Colorado licensed
engineer,to the Department of Public Works for approval. The applicant shall
supply the Department of Planning Services with written approval from the
Department of Public Works. (Dept. of Planning Services)
F. The Developer shall be required to enter into a Road Improvements Agreement
to construct the remaining one half of WCR 5.5 as per Figure 5.5 of the MUD
Plan. (Dept. Of Public Works)
24. Prior to release of building permits, the applicant shall submit an application for, and be
approved for a Flood Hazard Development Permit, as outlined in Section 26 of the Weld
County Zoning Ordinance.
25. The Weld County Library Site and future Civic Site shall be addressed through a Site Plan
Review Process prior to the release of Building Permits. (Dept. Of Planning Services)
Service,Teamwork, Integrity,Quality 14
FIELD CHECK
FILING NUMBER: Z-539 DATE OF INSPECTION: /`4/7o 0
APPLICANT'S NAME: Katherine Oliver/Meadow Vale Farm, Phase II
PLANR: Julie Chester \
REQUEST: Planned Unit Development Change of Zone.
LEGAL DESCRIPTION: Part of the SW4 of Section 4, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to SH 119; east of and adjacent to WCR 5.5.
LAND USE: N OH J-/9#.ze 4?CA' iCr7A
E A' CGfi2//M Z' Z/Ci9VaL "'/T
s Sy/- 9 G!/-P e E2 o,)=?riV J'Pf c'
W Sd#3D/Y/✓/dN /at ovAk I',s' oi✓ ,t'/Y/.92e „1 CseE.9 572--
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS: sr
r4-7279.447 / 5 Tio,/ (f f/r c' r)
P.C. Member
EXHIBIT
10
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FAX TRANSMISSION
COLORADO
Weld County
Department of Planning Services
Fax: 970-304-6498
Phone: 970-353-6100, ext. 3540
TO: JJc-nT ‘ c- ��rC
FROM: o
DATE: 4-111 I cO
FAX#: O
PAGES: ICJ
SUBJECT: f
COMMENTS:
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CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain
information that is privileged. confidential, and exempt from disclosure under applicable law. If the reader of
this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile
to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify us
immediately by telephone and return the original message to us at the above address via the U.S. Postai
Service. Thank you.
4 DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540 00, 4444‘4" FAX (970) 304-6498
AVENUE
N. 17TH AVENUE
GREELEY, COLORADO 80631
vgivC.
COLORADO
February 2, 2000
BHA Design, Inc
c/o Jennifer Torrie
4803 Innovation Drive
Ft. Collins, CO 80525
Subject: Z-539- Request for a Planned Unit Development Change of Zone on a parcel of land described as Part
of the SW4 of Section 4, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Torrie:
Your application and related materials for the request described above are being processed. I have scheduled a
meeting with the Weld County Planning Commission for April 18, 2000, at 1:30 p.m. This meeting will take place in
Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that
you and/or a representative be in attendance to answer any questions the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,
our office has forwarded a copy of the submitted materials to the Firestone, Frederick, and Longmont Planning
Commissions for their review and comments. Please call the town of Firestone at 303-833-3291, the town of
Frederick at 303-833-2388, and the city of Longmont at 303-6651-8330 for further details regarding the date, time,
and place of these meetings. It is recommended that you and/or a representative be in attendance at the Firestone,
Frederick, and Longmont Planning Commission meetings to answer any questions the Commission members may
have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior
to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the
hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,
one sign will be posted in the most prominent place on the property and a second sign posted at the point at which
the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld
County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled
hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning
Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,, ,
- / - _ ,67/42 EXHIBIT
Julie Chester
Planner
FIELD CHECK inspection date: April 12 E 13, 2000
CASE NUMBER: Z-539
APPLICANT: Katharine H. Oliver/BHA Design Inc.
LEGAL DESCRIPTION: PL Of the SW 4 Section 4, T2N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 119; East of an adjacent to
Weld County Road 5.5.
Zoning Land Use
N A (Agricultural) N Dairy
E A (Agricultural) E Gravel Mining
S A(Agricultural) S State Highway, Gravel Mining
W A (Agricultural) W Meadow Vale Farms, Phase I
COMMENTS:
The topography of the northern portion slopes severely toward the east. It is unclear
how proposed development shall be constructed.
Anne Best Johnson, Long Range Planner
EXHIBIT
I 41
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