HomeMy WebLinkAbout20002684.tiff P.U.D Final Plan
hire Administrative Review
COLORADO
CASE NUMBER: S-562
PLANNER: Anne Best Johnson
APPLICANT: Katharine Oliver, Meadow Vale Phase II Planned Unit Development
ADDRESS: 2385 Homestead Place, Longmont, Colorado 80504
REQUEST: PUD Final Plan 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: Part of 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 the application requirements of Section 7.4 of
the PUD Ordinance.
2. The request conforms with Section 7.4.3. of the PUD Ordinance, as follows:
a. Section 7.4.3.1--That the proposal is consistent with the Comprehensive Plan, Zoning
and Subdivision Ordinances, MUD Ordinance, if applicable, and any IGA in effect
influencing the PUD.
11 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 non-urban uses." This proposal is within the MUD Boundary. This proposal
is not located within an IGA Urban Growth Boundary.
21 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.
2000-2684
Page 1 of 10
The Change of Zone (Z-539) was approved based on consistency with the
Comprehensive Plan, as stated above.
b. Section 7.4.3.2--That the uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in Section
2 of this Ordinance. All of the Performance Standards have been 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' Director for submittal
to FEMA.
c. Section 7.4.3.3--That the uses which would 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. 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 7.4.3.4--That adequate water and sewer service will be made available to the
site to serve the uses permitted within the proposed PUD in compliance with the
Performance Standards in Section 2 of this Ordinance. The Planned Unit Development
Zone District will be serviced by an adequate water supply and sewage disposal system
in compliance with the Performance Standards in Section 2 of the Planned Unit
Development Ordinance. The applicant provided letters from Saint Vrain Sanitation
District and Left Hand Water District indicating their commitment to service the
development. The applicant shall provide a copy of the service agreement from Saint
Vrain Sanitation District and Left Hand Water District to the Department cf Planning
Services prior to recording the final plat.
e. Section 7.4.3.5-- That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The Department of Public
Works has indicated compliance with these requirements.
f. Section 7.4.3.7--That 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 USR-1199 for a Gravel Mining Operation. The
applicant is currently amending out this portion of USR-1199 and has received vacation
and reclamation approval from the Division of Natural Resources, Division of Minerals
and Geology.
g. Section 7.4.3.8--If compatibility exists between the proposed uses and criteria listed in
the Development Guide, and the Final Plan exactly conforms to the Development
Guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the
Developmental Guide. The PUD Final Plan conforms to the Developmental Guide.
Page 2 of 10
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 agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
1. Prior to Recording the PUD Final Plat:
a. The applicant shall provide a copy of a signed agreement between the applicant and
the Weld County Library District regarding the acceptance of the Library and Wetlands
Sites. The Final Plat shall not be recorded until this copy is provided to the Department
of Planning Services.
b. The applicant shall provide a copy of a signed agreement between the applicant and
the St. Vrain Valley School District RE-1J. This agreement shall contain the signatures
of the applicant and the St. Vrain Valley School District RE-1J. The Final Plat shall not
be recorded until this agreement has been approved.
c. The applicant shall submit a Letter of Collateral for the Improvements Agreement
According to Policy Regarding Collateral for review by the County Attorney. Prior to
recording the Final Plan, this Letter of 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 and collateral tended, in accordance with Section 2.7
of the PUD Ordinance.
d. The applicant shall submit a copy of a recorded plat illustrating the realignment of WCR
5.5 at this location to the Department of Planning Services. 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 MUD Plan requiring
a minimum 80-foot right-of-way. The right-of-way shall be delineated on the Final Plat.
The typical cross section for WCR 5.5 shall be included on the Final Plat. One-half of
this typical cross section of WCR 5.5 is required for this development. The Final Plat
shall not be recorded until this issue has been resolved to the satisfaction of the
Department of Public Works.
e. The applicant shall submit roadway plan revisions to the Department of Public Works
for approval. Revisions may include required tapers. The Final Plat shall not be
recorded until this issue has been resolved to the satisfaction of the Department of
Public Works.
f. The applicant shall illustrate how public access to the trail and future trail head will be
provided.
g. The applicant shall submit an on-site temporary and permanent signage plan in
conformance with Section 2.8 of the MUD Plan. The Final Plat shall not be recorded
until this signage plan has been approved by the Department of Planning Services.
Page 3 of 10
h. The applicant shall submit a revised Storm Water Drainage Report to the Weld County
Department of Public Works for approval. Revisions shall address concerns of the
Department of Public Works in a memo dated October 12, 2000. This report shall be
approved prior to recording the final plat.
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) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most
productive agricultural counties in the United States, ranking fifth in total market
value of agricultural products sold. 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 and accept there are drawbacks
including conflicts with longstanding agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural area: open views, spaciousness
wildlife, lack of city noise and congestion, and the rural atmosphere and way of
life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
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; slow-moving farm
vehicles on rural roads; dust from animal pens, field work, harvest, and gravel
roads; odor from animal confinement, silage, and manure; smoke from ditch
burning; flies and mosquitoes; and 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.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural 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 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
Page 4 of 10
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 rura'areas.
in many cases, will not be equivalent to municipal services. Rural dwellers
must, by necessity, be more self-sufficient that urban dwellers.
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. Parents are
responsible for their children.
2) Intersection sight distance triangles shall be illustrated on the plat. (Department of
Public Works)
3) Mailboxes shall be located in one centralized location. (Sherriff's Office)
4) A school bus site shall be incorporated into the final plat plans. (Sherriff's Office)
5) A barrier between, and lighting of, proposed and existing water ponds is required
to mitigate the threat of drowning for small children. (Sherriff's Office)
6) A barrier between, and lighting of, existing oil tank sites is required to mitigate
vandalism. (Sherriff's Office)
7) General features for crime mitigation as outlined in a memo from the Weld County
Sheriff's Office dated October 2, 2000 shall be met. (Sherriff's Office)
8) The final plat map, or on a separate recorded sheet, shall include utility provider
signature blocks, as indicated in the Utility Board Hearing held on October 26, 2000
9) Lot and Block numbers shall be placed on the Final Plat. (Planning)
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. (Public Works)
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
(Planning)
12) As an outcome to the October 26, 2000 Utility Board hearing, fire hydrant
symbols shall be added to all applicable plat legends.
Pacle 5 of 10
13) As an outcome to the October 26, 2000 Utility Board hearing, 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 to not 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 lots 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. (Planning)
A stop sign and street name sign shall be placed at all intersections. (Department of
Public Works)
k. 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 2.10 of the MUD Plan. (Department of Public Works)
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. (Planning)
m. The applicant shall submit evidence to the Weld County Department of Planning
Services that the requirements of the Mountain View Fire Protection District nave been
addressed. (Planning)
n. 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 in accordance with Section
Page 6 of 10
6.3.5 of the Planned Unit Development Ordinance (Ordinance 197) (Dept. of PI''anning
Services)
b. Water service shall be provided by the Left Hand Water District. (Department of Public
Health and Environment)
c. Sewer Service shall be provided by the St. Vrain Sanitation District. (Department of
Public Health and Environment)
d. All streets shall be well lit. A street light shall be placed at all crossroad signs to help
emergency responding units locate addresses. (Sherriff's Office)
e. All addresses shall be located where they are visible from the roadway. (Sherriff's
Office)
f. The storm sewer system will be maintained by the Homeowner's Association
(Department of Public Works)
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, it
required. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
k. Wetlands shall be preserved as Open Space. (Planning)
k. The property owner shall be responsible for compling with the Performance Standards
of Section 2 of the PUD Ordinance. (Dept. of Planning Services)
The property owner shall be responsible for complying with Supplemental Procedures
and Requirements of Section 8 of the PUD Ordinance. (Dept. of Planning Services)
Pacie 7 of 10
m. The property owner shall be responsible for complying with policies, goals, standards
and regulations of the MUD Ordinance. (Dept. of Planning Services)
n. Personnel from the Weld County Departments of Environmental Health and
Environment and Planning Services 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)
o. The parking lot areas shall maintain compliance with Section 41 of the Weld County
Zoning Ordinance and 2.6.3 Landscaping Requirement for Parking Lots of the MUD
Plan. (Dept. of Planning Services)
p. 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. (Dept. of Planning Services)
q. 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)
r. 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)
s. 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)
t. 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. (Dept. of
Planning Services)
u. The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Department of Public Health and Environment, and
the Department of Planning Services. (Planning)
v. The site shall maintain compliance at all times with the MUD Plan, the Subdivision
Ordinance, the PUD Ordinance, and with the Weld County Zoning Ordinance.
w. The residential development shall maintain compliance with Section 32.7 of the Weld
County Zoning Ordinance at all times.
x. Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Planning)
Page 8 of 10
y. Outdoor storage shall be screened from public rights of ways, and adjacent properties
(Planning)
z. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
aa. 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 of building permits.
(Planning)
bb. 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 or
permanent, in waters of the United States which may include ephemeral, intermittent
and perennial streams, lakes, ponds or wetlands at this site, 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. (Army Corps of Engineers)
cc. Proper building permits shall be obtained prior to any construction or excavation.
(Building Inspection)
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.
(Building Inspection)
ff. A building permit is required for the entrance sign to the development. (Building
Inspection)
gg. 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)
hh. 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 "gg" above. (Building Inspection)
ii. 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)
jj. Complete drawings shall be submitted for review by the Mountain View Fire Protection
District. (Building Inspection)
Page 9 of 10
3. The Final Plat shall be submitted to the Department of Planning Services for recording within
30 days of approval by the Department of Planning Staff. (Planning)
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. (Building Inspection)
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. (Planning
Services)
Palle 10 of 10
0_ 9,
DEPARTMENT OF PLANNING SERVICES
(1".4 (:. Q PHONE (970) 353-6100 EXT.35 tO FAX N. 1 304-6
1555 N. 17T7T H AVENI JE iE
GREELE:Y, COLORADO 806 31
COLORADO
September 28, 2000
Katherine Oliver
2385 Homestead Place
Longmont, CO 80504
Subject: S-562- Request for approval of a Planned Unit Development Final Plat on a parcel Df land
described as Part of the SW4 of Section 4, T2N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Mrs. Oliver:
Your application and related materials for the request described above are complete and in order at the
present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday,
October 26, 2000, at 10:00 a.m. This meeting will take place in the Weld County Planning Department,
Room 210, 1555 N. 17th Avenue, Greeley, Colorado. You will be notified by the Clerk to the Board's office
regarding your Board of County Commissioners hearing date set for November 8, 2000.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration 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 Commission's for their review and
comments. Please call Town of Firestone at 303-833-3291; Town of Frederick at 303-833-2388 and City
of Longmont at 303-651-8330, for information regarding the date, time and place of these meetings and
the review process. It is recommended that you and/or a representative be in attendance at each of the
meetings described above in order to answer any questions that might arise with respect to your
application.
A representative from the Department of Planning Services will be out to the property to post a sign
adjacent to and visible from a publicly maintained road rignt-of-way which identifies the hearing time, date,
and location. In the event the property under consideration 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 post a second sign
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 Board of County Commissioners. It is the responsibility of the applicant to contact the
Department of Planning Services office a few days before the date of the hearing to obtain that
recommendation.
If you have any questions concerning this matter, please feel free to call me.
Sincerely,
Anne Johnson/
Long Range P4afiner
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: (_Al.t'Fer- I 1 , 4.9U, . THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OP-WAY IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR P SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON --HE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR LISR-`,_L.. _ '.
THE SIGN WAS POSTED BY
NAME OF PERSON POSTING SIGN
:SIGNATURE .=OR PERSON Pd$TING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
// /Aril
L
SUBSCRIBED AND SWORN TO ME THIS ! , DAY OF LA Al `t L-
NOTARY PUBLIC
MY COMMISSION EXPIRES: It17 f(of
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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